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HomeMy WebLinkAbout112806 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 NOVEMBER 28, 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. 6:30 P.M. - Closed Session of the City Council pursuant to Government Code Section: 1. Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 06-13 Resolution: 06-101 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Youth Ensemble - Helen Miller Orchestra Director Invocation: Pastor Felicia Brown of Imani Church of God in Christ Flag Salute: Council Member Nagger ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTA TIONS/PROCLAMA TIONS 7th Annual Communitv Candleliqht Tribute Proclamation Special Recoqnition to Ron Parks Certificate of Appreciation to Scott Lanier for his service on the Public/Traffic Safetv Commission PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of 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-_ 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Liabilitv Insurance Renewal RECOMMENDATION: 3.1 Approve the City of Temecula's insurance policy renewal with Clarendon America Insurance Company/Princeton Excess Insurance Company in the amount of $252,779, for general and excess liability insurance for the period of December 1, 2006 through December 1, 2007. 4 Financial Statements for the Three Months Ended September 30. 2006 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the three months ended September 30, 2006; 4.2 Approve an increase of $15,000 for investment interest and $565,000 for Traffic congestion relief in the State Transportation Fund; 4.3 Approve an increase of $350,000 for investment interest in the Development Impact Fees Fund; 4.4 Approve an increase of $120,000 for investment interest in the Measure "A" Fund. 5 Authorization to Execute the Supplemental Aqreement for Fiscal Year 2006-07 for the use of Communitv Development Block Grant (CDBG) Funds RECOMMENDATION: 5.1 Authorize the Mayor to execute the Supplemental Agreement for Fiscal Year 2006- 07 for the use of Community Development Block Grant (CDBG) Funds. 6 Parcel Map 33405. Located at the North West Corner of Dendv Parkwav and Diaz Road RECOMMENDATION: 6.1 Approve Parcel Map No. 33405 in conformance with the Conditions of Approval; 6.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 6.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 7 Intention to Vacate a Portion of Ynez Road south of Equitv Drive RECOMMENDATION: 3 7.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF NOTICE OF INTENTION TO VACATE A PORTION OF YNEZ ROAD LOCATED SOUTHERLY OF THE INTERSECTION OF YNEZ ROAD AND EQUITY DRIVE IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON ATTACHED EXHIBITS AND SETTING A PUBLIC HEARING ON THE VACATION 8 Western Riverside Countv Freewav Strateqic Studv - Phase II RECOMMENDATION: 8.1 Approve the Memorandum of Understanding (Agreement No. 07-31-052-00) between the Riverside County Transportation Commission (RCTC), the County of Riverside, and the City of Temecula to fund the Western Riverside County Freeway Strategic Study - Phase II; 8.2 Approve an appropriation in the amount not to exceed $241,501 from General Fund Reserves for the City's 1I3rd participation in funding the study effort; 8.3 Authorize the City Manager to execute the final MOU. 9 Removal and Replacement of Batterv Backup Svstem - Winchester Road (Hiqhwav 79 North) and Hiqhwav 79 South RECOMMENDATION: 9.1 Approve a Contract with DDL Traffic Inc. in the amount of $39,757.50 for removal and replacement of existing battery backup system on Winchester Road (Highway 79 North) and Highway 79 South and authorize the Mayor to execute the contract; 9.2 Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $3,975.75, which is equal to 10% of the contract amount. 10 First Amendment to Fiscal Year 2006-2007 Citvwide Maintenance Contract RECOMMENDATION: 10.1 Approve the First Amendment to the Fiscal Year 2006-2007 Annual Citywide Routine Maintenance Contract with Imperial Paving Company, Inc. in the amount of $200,000.00 and authorize the Mayor to execute the amendment. 11 Completion and Acceptance of Construction Contract - Pechanqa Parkwav Phase IIA Storm Drain Improvements Wolf Vallev Creek Channel - Staqe 1 - Proiect No. PW99-11 SD 4 RECOMMENDATION: 11 .1 Accept the Pechanga Parkway Project - Phase IIA Storm Drain Improvements - Wolf Valley Creek Channel - Stage 1- Project No. PW99-11 SD - as complete; 11.2 File a Notice of Completion and release the Performance Bond and Maintenance Bond; 11.3 Release the Materials and Labor Bond seven (7) Months after filing of the Notice of Completion, if no liens have been filed. 12 Acceptance and Filinq the Notice of Completion - Rancho California Road Median Modifications between Interstate 15 and Ynez Road - Project No. PW05-04 RECOMMENDATION: 12.1 Accept the construction of Rancho California Road Median Modifications between Interstate 15 and Ynez Road - Project No. PW05-04 - as complete; 12.2 File the Notice of Completion, release the Performance Bond, and accept a one- year Maintenance Bond in the amount of 10% of the contract; 12.3 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion, if no liens have been filed. 13 Roripauqh Ranch Project - Approval of Fourth Operatinq Memorandum RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FOURTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR THE RORIPAUGH RANCH PROJECT 14 Fire/EMS Protection Aqreement for Fiscal Year 2006-07 RECOMMENDATION: 14.1 Approve the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue service through June 30, 2008. TEMECULA COMMUNITY SERVICES DISTRICT MEETING 5 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 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of November 14, 2006. 16 Financial Statements for the Three Months Ended September 30. 2006. RECOMMENDATION: 16.1 Receive and file the Financial Statements for three months ended September 30, 2006. 17 Fourth Amendment to the Midori Gardens. Inc. Maintenance Services Contract RECOMMENDATION: 17.1 Approve the Fourth Amendment with Midori Gardens, Inc., to provide a 3.4% Consumer Price Index (CPI) price increase and allow for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $867,922.35 plus a 10% contingency. 18 Fourth Amendment to the Excel Landscape. Inc. Maintenance Services Contract RECOMMENDATION: 18.1 Approve the Fourth Amendment with Excel Landscape, Inc., to provide a 3.4% Consumer Price Index (CPI) price increase and allow for continued landscape 6 maintenance services and the addition of new and supplemental landscape maintenance service areas for $1 ,721,107.00 plus a 10% contingency. 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 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 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of November 14, 2006. 20 Financial Statements for the Three Months Ended September 30. 2006 RECOMMENDATION: 20.1 Receive and file the Financial Statements for the three months ended September 30, 2006; 20.2 Approve an appropriation of $120,000 for Debt Service Interest in the Debt Service Fund. RDA DEPARTMENTAL REPORT 7 21 Redevelopment Departmental Monthlv Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT TPFA CONSENT CALENDAR 22 Minutes RECOMMENDATION: 22.1 Approve the minutes of November 14, 2006. 23 Temecula Public Financinq Authoritv Communitv Facilities District No. 03-02 (Roripauqh Ranch) - 2006 Special Tax Bonds -- Amendment of Bond Documents RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 06 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING AMENDMENTS TO BOND DOCUMENTS FOR THE $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03- 02 (RORIPAUGH RANCH), 2006 SPECIAL TAX BONDS 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. COUNCIL BUSINESS DEPARTMENTAL REPORTS 24 Planninq Department Monthlv Report 25 Buildinq and Safetv Department Monthlv Report 8 26 Public Works Department Monthlv Report 27 Citv Council Travel/Conference Report - October 2006 28 Police Department Monthlv Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, December 12, 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. g PROCLAMA TIONS AND PRESENTATIONS City of Temecula Certificate of Appreciation On behalf ofthe City COlmcil and the Citizens of the City of Temecula, To: Scott Lanier We would like to take this opportunity to express our sincere gratitude for your many contributions of both time and talent in serving on the PublicfTraffic Safety Commission. As a member ofthe Commission for the last six years, your dedicated service has been greatly appreciated. In Witness Whereof, I have herellllto affixed my hand and official seal this 28th day of November, 2006 Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, the commllllities of Temecula and Murrieta come together for the Seventh Annual Candlelight Tribute for "Remembering Those We've Loved and Lost" over the years, and recently; and WHEREAS, especially during the holidays, just as all year long, we grieve, miss, and remember our loved ones with this special tribute; and WHEREAS, we invite the citizens ofT emecula and Murrieta and the surrollllding communities to come and light a candle during this time ofremembrance with special music, poetry, and inspiration; and WHEREAS, this is an opportunity for everyone to show support, comfort, and friendship to the friends and families ofthose who have lost a loved one. NOW, THEREFORE, I, Ron Roberts, on behalf of the City COllllcil of the City of Temecula, proclaim December 2, 2006 as The 1h Annual Community Candlelight Tribute "Remembering Those We've Loved and Lost" and encourage all citizens of Temecula to participate in this important event that will benefit the health, welfare, and harmony of our city, our communities, and our families. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Temecula to be affixed this 28'h day of November, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, the City ofTemecula honors Ron for his 17 years of outstanding and meritorious service to the citizens ofTemecula; and WHEREAS, Ron served as the first Mayor ofthe City of Temecula and served on the City Council from the time of incorporation in 1989 through 1996; and WHEREAS, the City of Temecula extends its deepest gratitude to Ron for his dedication, commitment, and devotion during his tenure as the Deputy Director of Public Works. Ron has managed the Land Development Division in this capacity for the past ten years; and WHEREAS, with integrity, enthusiasm, leadership, and his extraordinary sense of humor, Ron has touched the lives of many people and has made this Community a better place to live; and WHEREAS, Ron oversaw and approved the Public Works Conditions of Approval for Harveston, the Auto Mall, the Promenade Mall, the Campus Project, Wolf Creek, Home Depot, and Roripaugh Ranch; and WHEREAS, Ron has managed the FEMA program within the Public Works Department and has served on the Murrieta Creek Committee; and WHEREAS, Ron has been the City's own Santa Claus in the Santa's Electric Light Parade for several years; and WHEREAS, the City ofTemecula commends Ron on his many achievements, appreciates his many accomplishments on behalf of the City, and warmly wishes him a rich and rewarding retirement. NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council ofthe City of Temecula, hereby proclaim November 28,2006 to be "Ron Parks Day" In our hearts you will always be the "real" Santa Claus! IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of T emecula to be affixed this 28th day of November, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk ITEM NO.1 ITEM NO.2 Approvals City Attorney Director of Finance City Manager ~r- IJIl au.., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 28, 2006 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager 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 $4,217,071.22. 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 28 day of November , 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 28 day of November, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk apChkLst Final Check List Page: 1 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 111438 11/9/2006 004594 2 HOT ACTIVEWEAR Traffic Uniforms:Police 413.76 Activewear/unifonns:Police volunteers 357.73 771.49 111439 11/9/2006 004973 ABACHERLI, L1NDI TCSD instructor earnings 760.00 760.00 111440 11/9/2006 004765 ACTIVE NETWORK INC, THE Refund:Graphic Design-Cedillo, Andy 60.00 60.00 111441 11/9/2006 008552 ADKINS DESIGN CONSULTING Design:Temecula Public Library - Logo 1,578.50 1,578.50 111442 11/9/2006 008698 ADVANCED APPLIED Oct Speed Survey Service:PW 3,660.00 3,660.00 ENGINEERING 111443 11/9/2006 004240 AMERICAN FORENSIC NURSES Blood & alcohol draws: Police OCT06 566.00 Blood & alcohol draws: Police OCT06 314.00 880.00 111444 11/9/2006 000101 APPLE ON E INC temp help w/e 10/21 Gonzales, C. 655.20 temp help w/e 10/21 Henry, X. 360.48 temp help w/e 10/21 Hoenig, P. 239.68 1,255.36 111445 11/9/2006 001323 ARROWHEAD WATER INC Bottled wtr svcs @ City Hall 259.91 Bottled wtr svcs @ Maint Facility 171.32 Bottled wtr svcs @ CRC 96.54 Bottled wtr svcs @ Theater 46.61 Bottled wtr svcs @ City Hall 42.01 Bottled wtr svcs @ C. Museum 27.91 Bottled wtr svcs@T. Museum 13.51 Bottled wtr svcs @ Skate Park 8.61 666.42 111446 11/9/2006 010354 BATTERIES PLUS #316 various batteries for Theater 140.10 140.10 111447 11/9/2006 002541 BECKER CONSTRUCTION SRVS vehicle emerg repairs-PW Maint. 461.75 461.75 INC 111448 11/9/2006 010515 BERRY, LESLIE Refund: Tiny Tots - Terrific 3's 48.00 48.00 111449 11/9/2006 004040 BIG FOOT GRAPHICS TCSD instructor earnings 448.00 TCSD instructor earnings 336.00 784.00 111450 11/9/2006 003048 BOYS & GIRLS CLUB Refund:Sec. Deposit-TCC 150.00 150.00 111451 11/9/2006 003455 BROADCAST MUSIC INC annual music licensing fee:Old Town 672.00 672.00 111452 11/9/2006 004176 BROADWING Long distance & internet svcs 749.15 749.15 TELECOMMUNICATIONS Page:1 apChkLst Final Check List Page: 2 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111453 11/9/2006 010517 BROWN, SHELLEY Refund: Security Deposit OTTCT 500.00 500.00 111454 11/9/2006 006908 C C & COMPANY INC Entertainment:Magic Night 11/3 137.50 137.50 111455 11/9/2006 003138 CAL MAT PW patch truck materials 875.39 PW patch truck material 752.89 PW patch truck materials 592.73 PW patch truck materials 251.06 PW patch truck materials 187.32 2,659.39 111456 11/9/2006 000502 CALIF MUNI STATISTICS City & RDA CAFR reports 850.00 850.00 111457 11/9/2006 004618 CALIF NARCOTIC OFFICERS C.N .O.A.Conf:Ham ilton/Nunley11/18-21 970.00 970.00 ASSN 111458 11/9/2006 004971 CANON FINANCIAL SERVICES, Nov copier lease pmt:City Fac's 1,908.32 INC Nov copier lease pmtT.MuslFront Recpt 203.58 Nov copier lease pmt Fire St. 12 69.96 2,181.86 111459 11/9/2006 010496 CAVENAUGH & ASSOCIATES DUI Seminar:J.Joyner 01/8-12/07 425.00 425.00 111460 11/9/2006 004414 COMMUNITY WORKS DESIGN Jul-Aug ldscp plan check/inspect:TCSD 2,406.25 2,406.25 GROUP 111461 11/9/2006 001193 COMP USA INC Childrens software for Library 380.92 Computer Supplies for the library 361.93 Computer supplies for the library 114.94 Childrens software for Library 55.30 Childrens software for Library 36.85 949.94 111462 11/9/2006 000442 COMPUTER ALERT SYSTEMS Sep-Dec alarm monitor: Police Mall stn 95.75 95.75 111463 11/9/2006 001264 COSTCO WHOLESALE recogn supplies:Council/City Mgr office 96.86 96.86 111464 11/9/2006 009524 CREATIVE HANDS ART SCHOOL TCSD instructor earnings 315.00 TCSD instructor earnings 252.00 567.00 111465 11/9/2006 010486 D D L TRAFFIC INC Maint supplies:traffic div 4,848.75 4,848.75 111466 11/9/2006 003272 DAISYWHEEL RIBBON Plotter Supplies: GIS 1,393.23 1,393.23 COMPANY INC 111467 11/9/2006 000684 DIEHL EVANS & COMPANY LLP City Audit Services 8,000.00 City Audit Services 3,150.00 11,150.00 Page2 apChkLst Final Check List Page: 3 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111468 11/9/2006 010516 DONOHO, RICHARD 07/10-07/15 Nat'1 Gang Violence Conf. 563.20 563.20 111469 11/9/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:PW Maint 1,462.02 INC Fuel for City vehicles:TCSD/City Mgr 1,162.82 Fuel for City vehicles:PW Depts 475.28 Fuel for City vehicles:Bldg & Safety 365.90 Fuel for City vehicles:Police/Pln/Code 273.99 Fuel for City vehicles:PW CIP 210.70 Fuel for City vehicles:Code Enf 122.42 Fuel for City vehicles:PW Traffic 61.46 Fuel for City vehicles:PW CIP 25.51 4,160.10 111470 11/9/2006 001056 EXCEL LANDSCAPE Sep Idscp maint:R.R.Sports Park 42,912.29 Sep Idscp maint:South Slopes 33,002.50 Sep Idscp maint:Medians 9,735.12 Sep Idscp maint:City Facilities 7,864.64 Irrigation repairs:Sports Park/Harv.Park 1,008.08 Idscp impr: Margarita Comm Park 850.00 Landscape irrig repair: V.Ranch/RVista 582.61 Landscape irrig repair: Redhawk 553.16 Landscape irrig repair: Harveston Park 463.42 Landscape irrig repair:Redhawk 358.50 Landscape irrig repair: Martinique 187.39 Landscape irrig repair: Vail Ranch 184.49 97,702.20 111471 11/9/2006 000165 FEDERAL EXPRESS INC 9/25-10/2 Express mail services 281.20 281.20 111472 11/9/2006 010252 FINDL, JACQUELYN S. Refund: CRC Rental 439.00 439.00 111473 11/9/2006 003747 FINE ARTS NETWORK Oct "A Chorus Une" Theater Stlmnt 5,851.00 Oct Rocky Horror Picture Show Thtr -489.10 5,361.90 111474 11/9/2006 000166 FIRST AMERICAN TITLE Lot Book-30670 Feather Court 75.00 COMPANY Lot Book-30184 Mira Loma Dr. 75.00 Lot Book-39504 Oak Cliff Dr. 75.00 Lot Book-41622 Chenin Blanc St 75.00 300.00 Page:3 apChkLst 11/0912006 10:45:27AM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111475 11/9/2006 003347 FIRST BANKCARD CENTER CRO\I\INE PLAZA HOTELS HP Htl/Meal:NRPA conf:1 0/1 G-14/o6 RESORTS 1,292.69 AMERICAN AIRLINES GY Airiare:Peri. Institute Cf:AAlRP/MH 953.10 LEAGUE OF CALIF CITIES GR Regist:Financial Mgmt Cf:11/29-1211 860.00 B N I PUBLICATIONS INC AE Manual: Nat'1 Electrical Code Hndbk 790.15 CRO\I\INE PLAZA HOTELS RR HtlNLC Trnsprt Conf:1o/12-14 RESORTS 364.83 SOUTHWEST AIRLINES HP Airfare:CI\l\lMB Ann'l Mtg:BS/PR 330.20 AMERICAN AIRLINES HP Airiare:NRPA conf:1 0/1 G-14/o6 323.10 AVIS RENT-A-CAR HP Car Rental:NRPA conf:1 0/1 0-14/06 300.82 SAFE KIDS WORLDWIDE GR Regist:Nat'1 Child Passenger Cf:Staff 300.00 TOXCO INC. HP 5 pk Recycle Big Green Boxes 266.00 JOBS ON THE WEB GY APA posting: Principal Planner:4 250.00 PICK-UP STIX DU Refreshments:Mall review mtg 221.97 CALIF BAGEL BAKERY & DELI GR Refreshments: Team Bldg 219.50 EXPEDIA.COM HP Hotel:CI\l\lMB Ann'l Mtg:BS/PR 200.98 SOUTHWEST AIRLINES JC Airiare:LCC Annl Conf:12/5-9 193.70 HILTON RR Prkg:NLC Trnsprt Conf:1o/12-14 161.59 URBAN INSIGHT INC. GY Job Posting on Internet:Planner 159.90 BIG HORSE FEED & FARM GR Team Bldg activity SUPPLY 136.00 OLD TO\I\IN DINING LLC DU Refreshments:Planning Comm Mtg 108.58 B J'S RESTAURANTS, INC. GR Refreshments: Interview Panel 96.57 BAILEYWOODPIT BARBECUE HP MealNRPA conf:1o/1G-14/o6 94.82 CAMPINI'S ITALIAN DELI AE Refreshments: Team Bldg 85.95 ARRIBA GRILL GR Refreshments:lnterveiw Panel 83.27 BARNES AND NOBLE STORE DU Book Legal Guide to Affd Devel 73.66 TEMECULA TROPHY COMPANY GR Team Bldg trophies 69.55 ONTARIO AIRPORT HP Prkg:NRPA conf:1o/1o-14/o6 60.00 OLD TO\I\IN DINING LLC DU Refreshments:Planning Comm Mtg 57.30 ONTARIO AIRPORT RR Prkg:NLC Trnsprt Conf:1o/12-14 45.00 Page:4 apChkLst Final Check List Page: 5 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total URBAN INSIGHT INC. GY DVD for Staff development 29.97 CROWNE PLAZA HOTELS HP MealNRPA conf:10/1G-14/06 22.35 RESORTS AE bank charges 20.99 ATHENIAN PIZZA GREEK & HP MealNRPA conf:10/1G-14/06 10.66 8,183.20 ITALIAN 111476 11/9/2006 007274 FORGE, THE refreshments:ee qtrly lucheon 9/19 4,285.85 4,285.85 111477 11/9/2006 001989 FOX NETWORK SYSTEMS INC AudioNideo Supplies: Library 584.23 584.23 111478 11/9/2006 000170 FRANKLIN QUEST COMPANY INC PW, LD, CIP Calendars for 2007 53.17 53.17 111479 11/9/2006 007866 G C S SUPPLIES INC Toner and cartridges: Info Sys 1,320.51 Office Supplies: Info Sys 240.01 1,560.52 111480 11/9/2006 010452 GAYLORD BROS INC Library equip: Tem Public Library 6,911.73 6,911.73 111481 11/9/2006 010410 GEIGER crime prev promo padfolio:Police 903.82 crime prev promo mugs:Police 804.94 crime prev promo pens:Police 644.90 2,353.66 111482 11/9/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 127.25 127.25 111483 11/9/2006 009950 HALL, JONATHAN Computer Purchase Prgm 1,836.88 1,836.88 111484 11/9/2006 000186 HANKS HARDWARE INC Maint. supplies:Various park sites 2,070.52 Maint. suppl:Paramedics/Fire Prev/Stns 386.62 Maint. supplies: City Hall 195.45 Maint. supplies:CRC 90.52 Maint. supplies:Bldg & Safety 68.17 Maint. supplies:Maint. Facility 55.25 Maint. supplies:PW Maint 50.21 Maint. supplies:Old TownfTheater 48.06 2,964.80 111485 11/9/2006 010480 HATFIELD, DAWN Refund:Water color techniques 39.00 39.00 111486 11/9/2006 010292 HUA L1U, JIAN Refund: Kidz Love Soccer 37.00 37.00 111487 11/9/2006 010523 JOHNSON, AVARIE Refund: Music for Toddlers 45.00 45.00 111488 11/9/2006 007671 JONES, MARYL YN TCSD instructor earnings 441.00 441.00 PageS apChkLst Final Check List Page: 6 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111489 11/9/2006 004891 KANIGOWSKI, JERZV employee computer purchase program 1,141.55 1,141.55 111490 11/9/2006 002789 KIMCO STAFFING SERVICES INC temp helpw/e10/1 BagdasarianMledeking 1,252.08 1,252.08 111491 11/9/2006 004122 KRUEGER, KIMBERLEE employee computer purchase program 2,000.00 2,000.00 111492 11/9/2006 009778 LIND, ANNE Refund: Sr. Excur/Diamond Valley 10.00 10.00 111493 11/9/2006 001865 MCI Connection chrgs for Mexico 16.59 16.59 111494 11/9/2006 010435 M M S RACING INC balance due:Team Bldg/PW 12/07/06 3,095.00 3,095.00 111495 11/9/2006 003782 MAIN STREET SIGNS misc. signs, hardware & supplies:PW 2,567.14 2,567.14 111496 11/9/2006 004141 MAINTEX INC equipment:Tem. Library 9,347.31 custodial supplies:City Hall 878.91 custodial supplies:Maint Fac 731.36 custodial supplies:Maint Fac 74.30 11,031.88 111497 11/9/2006 004068 MANALlLI, AILEEN TCSD Instructor Earnings 332.50 TCSD Instructor Earnings 313.25 TCSD Instructor Earnings 278.25 TCSD Instructor Earnings 182.00 TCSD Instructor Earnings 147.00 1,253.00 111498 11/9/2006 000217 MARGARrTA OFFICIALS ASSN Oct '06 softball officiating svcs:Sprts 3,870.00 3,870.00 111499 11/9/2006 010520 MCATEER, BILL reimb:misc items purchased for Library 104.79 104.79 111500 11/9/2006 010522 MCFATRIDGE, SHAWNA refund:Basic Dog Training 200.00 200.00 111501 11/9/2006 006571 MELODY'S AD WORKS Marketing Old Town special events 239.78 239.78 111502 11/9/2006 010059 MERIT MOVING SYSTEM transportation chrgs:Sister Cities 448.75 448.75 Page:6 apChkLst Final Check List Page: 7 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111503 11/9/2006 007210 MIDORI GARDENS Sep Idscp maint svcs:Neighborhood Prks 49,931.61 irrigation repairs:Vail Ranch Park 9/23 439.32 irrigation repairs:Lake Park 9/21 351.47 irrigation repairs:Vail Ranch Prk 9/18 272.84 irrigation repairs:Creek Park 8/16 251.87 irrigation repairs:Pablo Apis Park 9/15 248.60 irrigation repairs:Tem.Crk Trail Prk 245.26 51,740.97 111504 11/9/2006 008091 MILLMORE'S WAA CREW City vehicle detailing svcs:PW Depts 125.00 City vehicle detailing svcs:PW Depts 75.00 200.00 111505 11/9/2006 001384 MINUTEMAN PRESS business cards:Police (generic) 43.37 43.37 111506 11/9/2006 005853 MOMS CLUB OF TEMECULA Refund:Security DepositfTCC 150.00 150.00 SOUTH 111507 11/9/2006 007011 MORRIS MYERS MAINTENANCE Oct restroom janitorial svcs:Parks 5,185.00 5,185.00 111508 11/9/2006 001986 MUZAK -SOUTHERN CALIFORNIA Nov satellite sound sys svcs:Old Town 69.11 69.11 111509 11/9/2006 000233 NELSON, SHAWN reimb:Oct internet svcs 44.95 44.95 111510 11/9/2006 010273 NIXON PEABODY LLP Aug'06Iegalse~ces 37,558.31 Sept '06 legal se~ces 22,996.16 60,554.47 111511 11/9/2006 010244 NO LIMITS SILK SCREEN 1 st place awrdslwntr season:Sports Prgm 597.92 Sports Prgm winter season awards 279.17 877.09 111512 11/9/2006 009337 NOLTE ASSOCIATES INC Sep dsgn srvcs:Bridge Fencing prjt 240.41 240.41 111513 11/9/2006 009570 o C B REPROGRAPHICS Oct dupl. blueprints:various City project 1,172.56 Maproom Copier Toner Supplies 593.47 1,766.03 111514 11/9/2006 003964 OFFICE DEPOT BUSINESS SVS office supplies:Police Mall Stn 707.91 DIV office supplies:Police Mall Stn 353.28 offices supplies:Fire stn 12 249.92 office supplies:Police Mall Stn 101.37 credit:office supplies Police Mall Stn -158.52 1,253.96 111515 11/9/2006 006721 OFFICEMAX - A BOISE COMPANY office supplies:Code Enf. 60.49 60.49 Page:? apChkLst Final Check List Page: 8 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111516 11/9/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 779.48 City Vehicle Repair/Maint SVcs 300.11 City Vehicle Repair/Maint SVcs 235.97 City Vehicle Repair/Maint SVcs 170.73 City Vehicle Repair/Maint SVcs 34.27 1,520.56 111517 11/9/2006 001171 ORIENTAL TRADING COMPANY misc supplies:Tiny Tots Program 102.60 102.60 INC 111518 11/9/2006 002256 P & D CONSULTANTS INC Sep inspection svcs: B. Henderson 13,383.60 13,383.60 111519 11/9/2006 005152 PACIFIC PRODUCTS & SERVICES sign posts:Citywide street sign repairs 4,483.25 4,483.25 111520 11/9/2006 005850 PAISNER, WILLIAM Refund :Sec. Deposit/CRC 150.00 150.00 111521 11/9/2006 010122 PEREIRA, MICHEAL refund:T ennis-Beginning 50.00 50.00 111522 11/9/2006 010510 PFF BANK & TRUST rei. ret.lescrw#34-01022:W.C.Fire stn 44,472.20 44,472.20 111523 11/9/2006 001999 PITNEY BOWES 12/16-3/15/07 postage mtr rental:Stn 84 92.76 92.76 111524 11/9/2006 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 152.25 152.25 111525 11/9/2006 000252 POL YCRAFT INC 3"/10" City seals for new vehicles 1 ,328.34 1 ,328.34 111526 11/9/2006 010338 POOL & ELECTRICAL PRODUCTS pool chemicals:CRCfTES 178.55 178.55 INC 111527 11/9/2006 010338 POOL & ELECTRICAL PRODUCTS pool chemicals:CRCfTES 92.35 92.35 INC 111528 11/9/2006 005075 PRUDENTIAL OVERALL SUPPLY Sept uniformfflr mt/tw1 rentals:City 1,924.95 credit:chrgs not per contract/uniform -387.15 1,537.80 111529 11/9/2006 004529 QUAID TEMECULA HARLEY- Oct Police motorcycle maint svcs 1,179.28 1,179.28 DAVIDSON 111530 11/9/2006 004029 R J M DESIGN GROUP INC Sep consultant svcs:Redhawk Park 1,400.00 1,400.00 111531 11/9/2006 000262 RANCHO CALIF WATER DISTRICT Nov01-05-11037-1 City Hall 652.20 01-05-11040-1 Maint Fac Expan 87.84 740.04 Page:8 apChkLst Final Check List Page: 9 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111532 11/9/2006 002654 RANCHO FORD LINCOLN 4WD 3/4 ton truck xx523:Fire Dept 26,707.99 MERCURY 2VVD 1/2 ton truck xx769:Bldg & Safety 17,234.61 City vehicle repair/maint svcs:Code Enf. 1,016.74 44,959.34 111533 11/9/2006 008099 RANDALL KAPPE MAGICIAN entertainment:Public Safety Expo 11/4 500.00 500.00 111534 11/9/2006 002110 RENTAL SERVICE equip rental:PWMaint Div 148.89 148.89 CORPORATION 111535 11/9/2006 004498 REPUBLIC INTELLIGENT emerg on-call traffic sgnl maint: 8/9/06 1,522.36 1,522.36 111536 11/9/2006 000353 RIVERSIDE CO AUDITOR Sept parking citation assessments 6,257.44 6,257.44 111537 11/9/2006 000411 RIVERSIDE CO FLOOD CONTROL mowing of Murrieta Creek vegetation 2,178.25 2,178.25 111538 11/9/2006 010521 RIVERSIDE, CITY OF L.C.C. division mtg: R.Roberts 11/13/06 40.00 40.00 111539 11/9/2006 003587 RIZZO CONSTRUCTION INC repair roof/patio cover:Pala Park 3,200.00 3,200.00 111540 11/9/2006 001097 ROADLlNE PRODUCTS INC P W Maint stencil truck parts 550.82 550.82 111541 11/9/2006 010203 ROBERT CLAPPER CONST prgs pmt #1 :W.C. Fire Stn PW01-11 400,249.80 400,249.80 SRVCSINC 111542 11/9/2006 001500 SAN DIEGO REGIONAL TRAIN Oct-Nov Sprvisor's Acad:BCfTH/CKlDW 2,600.00 2,600.00 CTR 111543 11/9/2006 010089 SECURITAS SECURITY SRVCS 10/13-19/06 security srvcs:Fire Stn 95 1,337.96 1,337.96 USA 111544 11/9/2006 004609 SHREDFORCE INC Oct doc. shredding svcs:Police aT. Stn 32.50 Oct doc.shredding svcs:Police Mall Stn 24.00 56.50 111545 11/9/2006 007342 SHUTE, MIHALY & WEINBERGER Sept Retainer Agreement Payment 1,201.59 1,201.59 LLP 111546 11/9/2006 010492 SKADDEN, ARPS, SLATE, Sept '06 legal services 3,600.00 3,600.00 MEAGHER 111547 11/9/2006 000645 SMART & FINAL INC hospitality supplies:Theater 421.67 supplies for Team PACE events 179.22 recreation supplies:MPSC 164.16 supplies for Team PACE events 51.08 816.13 Page:9 apChklst Final Check List Page: 10 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111548 11/9/2006 002718 SO CALIF CITY CLERKS ASSN general mtg:S.Jones 11/17 Cty/Monrovia 35.00 35.00 111549 11/9/2006 000537 SO CALIF EDISON Nov 2-05-791-8807 various mtrs 10,583.80 Nov 2-02-351-5281 CRC 4,371.01 Oct 2-27-805-3194 Theater 4,100.24 Oct 2-02-502-8077 Maint Fac 1,922.33 Nov 2-19-683-3263 various mtrs 1,321.38 Oct 2-20-798-3248 C. Museum 1,127.47 23,426.23 111550 11/9/2006 000519 SOUTH COUNTY PEST CONTROL Oct pest control svcs:City Fac's 451.00 INC pest control svcs:Crowne Hill 94.00 pest control svcs:Corte Cantera 94.00 639.00 111551 11/9/2006 007851 SOUTH COAST HEATING & AIR repair water leak: Harveston Park 87.50 87.50 111552 11/9/2006 005786 SPRINT Sep-Oct Acct level Chrgs 32.65 32.65 111553 11/9/2006 008337 STAPLES BUSINESS Office Supplies:T.Museum 276.48 276.48 ADVANTAGE 111554 11/9/2006 003000 STATE WATER RESOURCES waste discharge annual fee xx512S2 11,109.00 11,109.00 111555 11/9/2006 002366 STEAM SUPERIOR CARPET carpet cleaning: CRC 325.00 CLEANING carpet cleaning: Theater 275.00 600.00 111556 11/9/2006 009811 SUNNY HILLS TOWING LOWBED towing services:PoIice 620.00 620.00 SRVC 111557 11/9/2006 009500 TEMEC ELECTRONICS, INC small toolslequipment:PWTraffic Div 497.42 497.42 111558 11/9/2006 006465 TEMECULA AUTO REPAIR City vehicle maint svcs:Fire Prey 767.58 City vehicle maint svcs:Paramedics 58.00 825.58 111559 11/9/2006 006914 TEMECULA COPIERS INC. Copy Center Scanner 3,340.25 3,340.25 111560 11/9/2006 000168 TEMECULA FLOWER CORRAL Flowers from sunshine fund/Council 218.57 218.57 111561 11/9/2006 009150 TEMECULA GLASS & MIRROR Res Imp Prog: Crookshank, William 1,112.04 1,112.04 INC 111562 11/9/2006 009470 TEMECULA LIONS CLUB game booth operator:Harvest Carnival 300.00 300.00 Page:10 apChkLst Final Check List Page: 11 11/0912006 10:45:27AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111563 11/9/2006 000307 TEMECULA TROPHY COMPANY namebadges: R. Graciano/J.Alvarez 19.29 19.29 111564 11/9/2006 000314 TEMECULA VALLEY MUSEUM INC E.S.G.Mystery Weekend Thtr Stlmnt 11/4 200.00 200.00 111565 11/9/2006 003140 TEMECULA VALLEY TCSD Instructor Earnings 126.00 TAEKWONDO TCSD Instructor Earnings 105.00 TCSD Instructor Earnings 42.00 273.00 111566 11/9/2006 008379 THEATER FOUNDATION, THE A Chorus Line deposit Theater settlement 1,001.01 1,001.01 111567 11/9/2006 010276 TIME WARNER CABLE 10/16-11/15 high speed internet Theater 169.95 11/2-12/1 high speed internet TT 46.95 216.90 111568 11/9/2006 010417 TRI CITI ELECTRIC install wireless antennasTheater 1,980.00 1,980.00 111569 11/9/2006 004895 TUMBLES, JW TCSD Instructor Earnings 495.60 TCSD Instructor Earnings 138.60 TCSD Instructor Earnings 121.28 755.48 111570 11/9/2006 007766 UNDERGROUND SERVICE ALERT Nov undrgrnd svcs alert tickets:PW 283.20 283.20 111571 11/9/2006 004261 VERIZON May xxx-5509 general usage 147.01 May xxx-0049 general usage 38.11 May xxx-1999 general usage 32.89 218.01 111572 11/9/2006 008900 VOLUNTEER CENTER "211" Social Svc Referral Assistance 12,209.99 12,209.99 111573 11/9/2006 001342 WAXIE SANITARY SUPPLY INC custodial suppliesTCC/City HallfTheater 398.71 398.71 111574 11/9/2006 003730 WEST COAST ARBORISTS INC 10/1-15/06 Citywide Tree Maint Svcs 2,960.00 2,960.00 111575 11/9/2006 006290 WOODCREST VEHICLE CENTER power supply veh lightbars:Police #045 572.13 power supply veh lightbars:Police #242 572.13 1,144.26 111576 11/9/2006 003776 ZOLL MEDICAL CORPORATION medical supplies:Paramedics 379.69 medical supplies:Paramedics 131.37 511.06 Grand total for UNION BANK OF CALIFORNIA: 934,888.89 Page:11 apChkLst 11/0912006 10:45:27AM Final Check List CITY OF TEMECULA Page: 12 139 checks in this report. Grand Total All Checks: 934,888.89 Page:12 apChkLst Final Check List Page: 1 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 772 11/16/2006 000444 INSTATAX (EDD) State Disability Ins Payment 21,230.81 21,230.81 773 11/16/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 83,188.87 83,188.87 774 11/16/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,615.40 19,615.40 SOLUTION 775 11/16/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 113,133.29 113,133.29 RETIREMENT) 776 11/16/2006 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,853.30 2,853.30 NATIONWIDE RETIREMENT 111577 11/15/2006 009653 CPR S PARK OPERATIONS Fee: Award Submittal 45.00 45.00 111578 11/15/2006 009653 CPR S PARK OPERATIONS Fee: Award Submittal 45.00 45.00 111579 11/15/2006 009653 CPR S PARK OPERATIONS Fee: Award Submittal 45.00 45.00 111580 11/15/2006 009653 CPR S PARK OPERATIONS Fee: Award Submittal 45.00 45.00 111581 11/15/2006 009653 CPR S PARK OPERATIONS Fee: Award Submittal 45.00 45.00 111582 11/15/2006 009653 CPR S PARK OPERATIONS Fee: Award Submittal 45.00 45.00 111583 11/15/2006 009653 CPR S PARK OPERATIONS Fee: Award Submittal 45.00 45.00 111584 11/16/2006 009622 A & B DESERT SERVICES balance due:Library coffee cart 14,182.08 14,182.08 111585 11/16/2006 008552 ADKINS DESIGN CONSULTING Graphic art design:Cultural Arts pgrms 716.54 716.54 111586 11/16/2006 001281 ALHAMBRA GROUP Ldscp dsgn-Dog Prk @ Margarita Park 67.50 67.50 111587 11/16/2006 003951 ALL AMERICAN ASPHALT Release Retention:Slurry Seal Prjt 61,869.00 61,869.00 111588 11/16/2006 008526 ALL STAR PROMOTIONS Recognition shirts:human resources 360.61 360.61 Page:1 apChkLst Final Check List Page: 2 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111589 11/16/2006 009767 AL TA LOMA CHARTER INC transportation:TCSD team building 802.D7 802.07 111590 11/16/2006 000747 AMERICAN PLANNING membership dues: Lowrey, Betsy 220.00 220.00 ASSOCIATION 111591 11/16/2006 008279 AMERICOMP IN FOSYSTEMS INC PC Repair-Notebook for Police Dept 297.39 297.39 111592 11/16/2006 000101 APPLE ON E INC temp help w/e 10/28 C. Gonzales 655.20 temp help w/e 10/28 X. Henry 420.56 temp help w/e 10/28 P. Hoenig 307.09 1,382.85 111593 11/16/2006 010542 AQUINO, MARK Refund: Over charge Live Scan 63.00 63.00 111594 11/16/2006 002648 AUTO CLUB OF SOUTHERN Membership: #89688593 Delrosa, G 67.00 CALIF Membership: #067481325 Smith, J 47.00 Membership: #65120445 Davis, D 47.00 161.00 111595 11/16/2006 009908 BEADOR CONSTRUCTION CO Oct prgs:79S Medians PW02-14 522,651.26 522,651.26 INC 111596 11/16/2006 002541 BECKER CONSTRUCTION SRVS Street maint:Pechanga Pkwy PW99-11 17,860.00 INC Guardrail repair:public works 5,185.00 23,045.00 111597 11/16/2006 006536 BOLOWICH, HANS EMS Conf 09/29/06 Las Vegas, NV 368.13 368.13 111598 11/16/2006 003772 BUTSKO UTILITY DESIGN INC dsgn svcs:underground utilities/OT. 12.65 12.65 111599 11/16/2006 009616 CABELA'S INC. Scouting camera:Police 283.74 283.74 111600 11/16/2006 003138 CAL MAT PW Patch Truck Materials 751.64 PW Patch Truck Materials 252.93 1,004.57 111601 11/16/2006 005321 CALIF ASSOC OF CODE Annual CACEO Sem:11/29:S.Brown 65.00 Annual CACEO Sem:11/29:M. Parker 65.00 Annual CACEO Sem:11/29:T. Cole 65.00 Annual CACEO Sem:11/29:J. Voshall 65.00 260.00 111602 11/16/2006 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 111603 11/16/2006 000647 CALIF DEPT OF CONSUMER Prof License renewal: Harvey,S #C45771 125.00 125.00 AFFAIRS 111604 11/16/2006 004228 CAMERON WELDING SUPPLY Helium for TCSD Events 39.48 39.48 Page2 apChkLst Final Check List Page: 3 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111605 11/16/2006 008644 CANTRELL, ROGER, AlA, AICP Oct plan review:Planning 26,826.00 26,826.00 111606 11/16/2006 010434 CATERERS CAFE rfrshmntsNakayama students visit 235.11 235.11 111607 11/16/2006 009640 CERTIFION CORPORATION Oct Entersect Online:Police 150.00 150.00 111608 11/16/2006 005417 CINTAS FIRST AID & SAFETY First aid supplies: Maint Fac 173.67 173.67 111609 11/16/2006 005708 CLEAR CHANNEL Radio broadcast:halloween in Old Town 860.00 860.00 BROADCASTING INC 111610 11/16/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00 111611 11/16/2006 001193 COMP USA INC printer for City Clerk Dept 437.59 PW Trng on MS Outlook 2003 387.00 824.59 111612 11/16/2006 010433 COUNTRYMAN ASSOCIATES INC Microphone repair:community theater 101.95 101.95 111613 11/16/2006 009516 D A HOGAN & ASSOCIATES, INC. Inspection srvcs: turf@ PBSC 737.19 737.19 111614 11/16/2006 002990 DAVID TURCH & ASSOCIATES Federal lobbyist consultant services 3,350.00 3,350.00 111615 11/16/2006 002701 DIVERSIFIED RISK special events premiums: OCT 06 3,602.96 3,602.96 111616 11/16/2006 004592 ELITE BOBCAT SERVICE INC release retention:R.C. Medians 05-04 24,969.20 24,969.20 111617 11/16/2006 004829 ELLISON WILSON ADVOCACY Nov State lobbying services 3,500.00 3,500.00 LLC 111618 11/16/2006 010540 ENRIQUEZ, ELIZA Refund: CPR class - MPSC 35.00 35.00 111619 11/16/2006 001056 EXCEL LANDSCAPE Sep Idscp maint:North Slopes 28,407.04 Aug-Sep Idscp maint: fire stn 73 409.20 Credit:Sep. Idscp maintlNo.Slopes -975.50 27,840.74 111620 11/16/2006 000478 FAST SIGNS Banners- Erie Stanley Gardner 79.06 Banners for T.Museum 50.49 129.55 111621 11/16/2006 009953 FEDERAL CLEANING Nov cleaning srvcs:Police mall 375.00 375.00 CONTRACTORS Page:3 apChkLst Final Check List Page: 4 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111622 11/16/2006 000165 FEDERAL EXPRESS INC 1012-10/06 Express mail services 128.65 128.65 111623 11/16/2006 003347 FIRST BANKCARD CENTER PENFOLD'S CAFE JM Refreshments: RDA Credit Pres 357.08 LOWRY COMPUTER PRODUCTS TT Data labels for Compaq 177.20 PECHANGA RESORT & CASINO WH Refreshment: PW briefing/planning 130.88 TEMECULA TROPHY COMPANY SJ Medal for Race for the Cure 127.52 CAREER TRACK SEMINARS SJ Regist: High-Impact Comm :S.Pollak 99.00 SEE'S CANDY SHOPS, INC. SJ Commission Dinner place setting 80.50 MILLENNIA CORPORATION TT Family Tree Software:Library 66.95 NATIONAL NOTARY SJ CA Merchants Notary Bond 63.51 ASSOCIATION SCIENTIFIC DIGITAL IMAGING TT Thermal paper letter cut sheet 58.35 B J'S RESTAURANTS, INC. TT Refreshment: Library design mtg 37.81 SUB KING SJ Refreshments: Scanners mtg 36.90 HOLMES SJ Filter for air purifier in Records 23.15 1,258.85 111624 11/16/2006 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 111625 11/16/2006 000795 FRED PRYOR SEMINARS- team bldg/mentoring skills:S.Fisk 01/11 179.00 CAREERTRAC time mgmt techniques:C.Damko 01/24 79.00 credit:staff tmg seminars/Planning -99.00 159.00 111626 11/16/2006 009097 FULL COMPASS SYSTEMS Credit taken in error 77.48 77.48 111627 11/16/2006 007866 G C S SUPPLIES INC Toner and cartridges:lnfo Sys 415.41 Toner and cartridges:lnfo Sys 380.27 795.68 111628 11/16/2006 010539 GOMEZ, LUIS Refund: Sec. Deposit - TCC 150.00 150.00 111629 11/16/2006 005664 GOSCH TOWING & RECOVERY Towing srvcs:Police-Winchester/Marg. 225.00 225.00 111630 11/16/2006 000378 HAFELI, THOMAS reimb:supplies for Library prjt 114.76 114.76 111631 11/16/2006 000186 HANKS HARDWARE INC Rec/maint supplies:Skate Park/CRC 202.12 202.12 Page:4 apChkLst Final Check List Page: 5 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111632 11/16/2006 005748 HODSON, CHERYL A. Support Payment 44.68 44.68 111633 11/16/2006 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,127.51 11,127.51 303355 111634 11/16/2006 010119 IRS-OIC Supp Pmt Offer#1000497587 452379267 140.11 140.11 111635 11/16/2006 001186 IRWIN, JOHN TCSD instructor earnings 445.20 445.20 111636 11/16/2006 003046 K FRO G 95.1 FM RADIO Advertising-Halloween in Old Town 2006 1,008.00 Radio broadcasting:Old Town - E.Stanley 372.00 1,380.00 111637 11/16/2006 004115 K T U & ASSOCIATES Jul Roripaugh Ranch master plan dsgn 2,874.05 2,874.05 111638 11/16/2006 002424 KELLEY DISPLAY INC "Season's Greetings" City Street Banners 409.94 409.94 111639 11/16/2006 002789 KIMCO STAFFING SERVICES INC temp help PPE 10/22 N.B.MI.W. 1,925.97 temp help wle 10/29 N.B.MI.W 1,260.05 temp help wle 10/22 M. Board 626.40 3,812.42 111640 11/16/2006 001282 KNORR SYSTEMS INC Aquatic - Pool Mntc supplies 134.26 Aquatic - Pool Mntc supplies 36.52 Aquatic - Pool Mntc supplies 22.06 192.84 111641 11/16/2006 004062 KUSTOM SIGNALS INC repair radar gun:Police 1,269.51 1,269.51 111642 11/16/2006 001719 L P A INC Sep dsgn svcs:Library PWOO-07 2,000.00 2,000.00 111643 11/16/2006 002519 LAB SAFETY SUPPLY INC Misc. safety supplies for Public Works 331.11 331.11 111644 11/16/2006 006744 LAMAR CORPORATION, THE Nov billboard lease-Old Town 3,130.00 Nov billboard change out 495.00 3,625.00 111645 11/16/2006 000482 LEIGHTON CONSULTING INC 8/28-10/1/06 svcs:Tem. Education ctr 83,138.78 83,138.78 111646 11/16/2006 010541 LEITGEB, RICHARD Refund: Kidz Love Soccer 37.00 37.00 111647 11/16/2006 003286 LIBRARY SYSTEMS & SERVICES RFID tagging of library materials Sep06 385.76 385.76 111648 11/16/2006 000213 LOCAL GOVERNMENT Membership: Urnoske, Debbie 75.00 75.00 COMMISSION PageS apChkLst Final Check List Page: 6 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111649 11/16/2006 006897 LORY, SUSAN, J. TCSD instructor earnings 407.40 TCSD instructor earnings 387.10 TCSD instructor earnings 315.00 TCSD instructor earnings 302.40 TCSD instructor earnings 287.00 TCSD instructor earnings 264.60 TCSD instructor earnings 247.80 TCSD instructor earnings 241.50 TCSD instructor earnings 226.80 TCSD instructor earnings 182.00 TCSD instructor earnings 162.75 TCSD instructor earnings 129.50 TCSD instructor earnings 122.50 TCSD instructor earnings 101.50 3,377.85 111650 11/16/2006 004087 LOWES INC cribbing forTem. Citizen Corps 266.34 266.34 111651 11/16/2006 004087 LOWES INC Theater Supplies 62.29 Theater Supplies 56.49 118.78 111652 11/16/2006 002784 MAILBOX, THE annual subscription:Tiny Tots Prgm 29.95 29.95 111653 11/16/2006 003782 MAIN STREET SIGNS misc sign supplies:PW Maint 850.58 850.58 111654 11/16/2006 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PWCIP 75.00 City vehicles detailing svcs:Code Enf. 50.00 City vehicles detailing svcs:Planning 20.00 145.00 111655 11/16/2006 001384 MINUTEMAN PRESS business cards:R.Johnston 116.96 116.96 111656 11/16/2006 010532 NELSON, BETTY refund:Sr Excursion/Diamond Valley 10.00 10.00 111657 11/16/2006 002139 NORTH COUNTY TIMES Oct Halloween event ads:Old Town 875.89 Oct public ntc ads:City Clerk/Planning 318.78 Oct advertising for Theater 311.80 1,506.47 111658 11/16/2006 002292 OASIS VENDING coffee/kitchen supplies:City Hall 386.81 coffee/kitchen supplies:Maint Fac 145.45 532.26 111659 11/16/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 493.42 City Vehicle Repair/Maint SVcs 305.14 City Vehicle Repair/Maint SVcs 293.33 City Vehicle Repair/Maint SVcs 80.76 City Vehicle Repair/Maint SVcs 45.00 1,217.65 Page:6 apChkLst Final Check List Page: 7 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111660 11/16/2006 001619 ORANGE COUNTY REGISTER INC Oct various recruitment ads for H.R. 1,293.87 1,293.87 111661 11/16/2006 005152 PACIFIC PRODUCTS & SERVICES Citywide sign installation supplies:PW 1,838.08 1,838.08 111662 11/16/2006 001248 PAPER DIRECT INC paper supplies:winter holiday events 132.90 paper supplies:winter holiday events 44.93 177.83 111663 11/16/2006 004074 PARTY CITY OF TEMECULA INC recreation supplies:Teen Prgm 64.62 64.62 111664 11/16/2006 004538 PAULEY EQUIPMENT COMPANY equipment rental:Code Enforcement 156.80 156.80 111665 11/16/2006 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55 PROGRAM 111666 11/16/2006 009796 PERVO PAINT COMPANY traffic legends stenciling paint:PW 2,983.06 2,983.06 111667 11/16/2006 000249 PETTY CASH Petty Cash Reimbursement 784.82 Petty Cash Reimbursement 543.31 1,328.13 111668 11/16/2006 010510 PFF BANK & TRUST rel.ret.lescrow #34-01022M1.C.Fire Stn 47,595.22 47,595.22 111669 11/16/2006 010338 POOL & ELECTRICAL PRODUCTS pool chemicals: TES/CRC 142.84 142.84 INC 111670 11/16/2006 000253 POSTMASTER Express Mail & Postal Svcs 41.00 41.00 111671 11/16/2006 003493 PRO-CRAFT Res ImplY Prgm: st. Jacque, Jon 7,500.00 7,500.00 111672 11/16/2006 005075 PRUDENTIAL OVERALL SUPPLY Oct uniform/fir mtltwl rentals:City 1,115.94 credit:chrg not per agreement -4.00 1,111.94 111673 11/16/2006 009136 RAINBOW CANYON VILLAGES release claims agreement payment 10,000.00 10,000.00 HOA Page:? apChklst Final Check List Page: 8 11/1612006 1:41:34PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111674 11/16/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters for Oct 06 25,638.15 Various Water Meters for Nov 06 20,553.90 Various Water Meters for Oct 917.05 Nov 01-02-02001-0 Rancho Vista Rd 304.14 Oct 01-06-26305-0 Old Town Front st 278.12 Various Water Meters for Nov 101.31 Various Water Meters for Oct 06 78.46 Various Water Meters for Nov 06 72.10 Oct 01-00-50011-0 79S Medians 71.54 48,014.77 111675 11/16/2006 004584 REGENCY LIGHTING Oct electrical supplies:City Facilities 1,704.04 1,704.04 111676 11/16/2006 003591 RENES COMMERCIAL weed abate/c1ean-up:City Channels 6,322.50 6,322.50 MANAGEMENT 111677 11/16/2006 004498 REPUBLIC INTELLIGENT on-call traffic sgnl maint:79S/Pechanga 2,944.35 2,944.35 111678 11/16/2006 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 122.50 TCSD Instructor Earnings 84.00 TCSD Instructor Earnings 24.50 231.00 111679 11/16/2006 000268 RIVERSIDE CO HABITAT Oct '06 K-Rat payment 250.00 250.00 111680 11/16/2006 010203 ROBERT CLAPPER CONST Oct prgs pmt #2: W.C. Fire Stn pw01-11 428,356.84 428,356.84 SRVCSINC 111681 11/16/2006 001500 SAN DIEGO REGIONAL TRAIN "strategies w/upset public" 11/2 MHIWM 290.00 290.00 CTR 111682 11/16/2006 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50 111683 11/16/2006 010524 SANCHEZ, CHICO HUMBERTO R refund: building permit fees 14.57 14.57 111684 11/16/2006 010089 SECURITAS SECURITY SRVCS Oct security svcs:Harveston lake Park 3,281.25 USA Sep security svcs:Harveston lake Park 3,202.50 6,483.75 111685 11/16/2006 008529 SHERIFPS CIVil DIV - CENTRAL Support Payment lO File # 2005033893 150.00 150.00 Page:8 apChkLst Final Check List Page: 9 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111686 11/16/2006 000537 SO CALIF EDISON Nov 2-01-202-7330 various mtrs 59,190.74 Nov 2-01-202-7603 arterial st lights 20,540.49 Oct 2-00-397-5059 various mtrs 16,997.10 Nov 2-26-887-0789 various mtrs 1,539.57 Oct 2-10-331-2153 TCC 872.16 Nov 2-28-171-2620 Police Mall stn 461.48 Nov 2-28-583-2937 Hwy-79 PED 30.97 99,632.51 111687 11/16/2006 000282 SO CALIF MUNICIPAL ATHLETIC annual mbrshp dues:JW/JLlMK/GW 210.00 Advertising:TCSD Sports Rec Prgm 100.00 310.00 111688 11/16/2006 000519 SOUTH COUNTY PEST CONTROL pest control services:Bus.Prk Dr. 94.00 INC pest control service:R.R. Sports Park 94.00 pest control service:Old Town 94.00 pest control service:Sherbourne 84.00 pest control service:Harv.School Rd 84.00 450.00 111689 11/16/2006 005786 SPRINT 9/15-10/14 cell phone usage/equip 8,177.06 8,177.06 111690 11/16/2006 000293 STADIUM PIZZA INC refreshments:Harvest Carnival 10/27 167.54 167.54 111691 11/16/2006 009805 STANDARD PACIFIC OF INLAND refund: permitfTR29798-2 lots 18-40 6,347.39 6,347.39 111692 11/16/2006 006145 STENO SOLUTIONS Oct transcription srvcs:Police 1,609.92 1,609.92 TRANSCRIPTION 111693 11/16/2006 003599 T Y L1N INTERNATIONAL Sep svcs:Roripaugh/Btrfld Stage Bridges 15,217.50 15,217.50 111694 11/16/2006 000305 TARGET BANK BUS CARD SRVCS misc office supplies:PW Depts 221.94 Electric Light Parade supplies 137.17 recreation supplies:Teen Prgm 123.86 hospitality supplies:Theater 84.19 Santa's Electric Light Parade supplies 72.68 misc emergency supplies:T.C.C. 65.03 recreation supplies:C. Museum 27.74 732.61 111695 11/16/2006 009500 TEMEC ELECTRONICS, INC elec.banding tool/supplies:PW Traffic 2,664.65 misc toolslequipmentPW Traffic 111.84 Computer Supplies:lnfo System 25.46 Oct electrical supplies:C. Museum 8.57 2,810.52 111696 11/16/2006 006465 TEMECULA AUTO REPAIR City vehicle maint svcs:Bldg & Safety 59.95 59.95 Page:9 apChkLst Final Check List Page: 10 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111697 11/16/2006 005412 TEMECULA GARDEN & POWER equip repairs & parts:PW Maint 36.61 equip repairs & parts:PW Maint 5.93 42.54 111698 11/16/2006 000307 TEMECULA TROPHY COMPANY medals/awards: FIT 5K110K Run 1,137.30 1st place trophies:FIT 5K110K Run 150.85 1,288.15 111699 11/16/2006 000306 TEMECULA VALLEY PIPE & Oct plumbing supplies:CRC 767.83 767.83 SUPPLY 111700 11/16/2006 004274 TEMECULA VALLEY SECURITY locksmith services:City Hall 20.04 20.04 CENTR 111701 11/16/2006 003140 TEMECULA VALLEY TCSD Instructor Earnings 21.00 21.00 TAEKWONDO 111702 11/16/2006 000919 TEMECULA VALLEY UNIFIED Sep City vehicles fuel usage 507.83 507.83 SCHOOL 111703 11/16/2006 010276 TIME WARNER CABLE 11/10-12/9 high speed internet City Hall 62.95 11/11-12/10 high speed internet RR 46.95 109.90 111704 11/16/2006 007433 TOVEY SHULTZ CONSTRUCTION Oct prgs pmt #3:Field Operations Ctr 553,757.62 553,757.62 INC 111705 11/16/2006 003031 TRAFFIC CONTROL SERVICE INC 2 Magnum Light Towers:PolicelPW 23,019.72 23,019.72 111706 11/16/2006 010533 U H S OF DELAWARE, INC. refund:grading permit/parcel map 32468 17,650.00 17,650.00 111707 11/16/2006 009912 U R S CORPORATION Aug-Oct eng svcs:Western Bypass ph I 7,702.99 7,702.99 111708 11/16/2006 005460 U S BANK trustee & fiscal admin fees:CFD 88-12 3,850.00 3,850.00 111709 11/16/2006 008517 UNITED SITE SERVICES OF Oct '05-Nov '06 sec.fencing:Educ. Ctr 4,181.52 4,181.52 CA,INC 111710 11/16/2006 000325 UNITED WAY United Way Charities Payment 212.15 212.15 111711 11/16/2006 006807 VANIR CONSTRUCTION Sep constr mgmt svcs:W.C. Fire Stn 19,561.32 19,561.32 Page:10 apChkLst Final Check List Page: 11 11/1612006 1:41:34PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 111712 11/16/2006 004261 VERIZON Nov xxx-50n general usage 4,629.55 Oct xxx-a900 Library 1,215.10 Novxxx-1341 Theater 360.D7 Oct xxx-7530 GIS Library 168.47 Oct xxx-1540 Old Town Prk Lot 89.73 Novxxx-1941 PTA CD TTACSD 58.28 Novxxx-3910 1st St Irrigation 31.83 Novxxx-7562 irrigation controller 30.86 Oct xxx-6620 general usage 27.11 6,611.00 111713 11/16/2006 004279 VERIZON CALIFORNIA INC. Oct access-C. Mus.phone line 645.22 Oct access-CRC phone line 349.12 994.34 111714 11/16/2006 004848 VERIZON SELECT SERVICES INC Nov long distance phone svcs 744.08 Nov long distance phone svcs 20.82 764.90 111715 11/16/2006 001342 WAXIE SANITARY SUPPLY INC custodial supplies:City Facilities 399.99 399.99 111716 11/16/2006 010531 WAY OF CALIFORNIA, THE Refund:Sec. DeposiVTCC 150.00 150.00 111717 11/16/2006 003730 WEST COAST ARBORISTS INC 10/1-15/06 tree maint svcs:TCSD 1,347.00 1,347.00 111718 11/16/2006 009378 WESTERN RIM CONTRACTORS release retention:Field Operations Ctr 63,668.52 63,668.52 INC 111719 11/16/2006 000621 WESTERN RIVERSIDE COUNCIL Oct '06 TUMF Payment 335,548.32 335,548.32 OF 111720 11/16/2006 002109 WHITE CAP INDUSTRIES INC Oct maintenance supplies:PW 2,575.67 2,575.67 111721 11/16/2006 006290 WOODCREST VEHICLE CENTER power supply veh lightbars:PoIice 572.13 572.13 111722 11/16/2006 000348 ZIGLER, GAIL Reimb:Team PACE pie giveaway 330.00 reimb :rfrshm nts/postage-Vet.Mem/Sprts 293.55 623.55 Grand total for UNION BANK OF CALIFORNIA: 2,835,541.08 Page:11 apChkLst 11/1612006 1:41:34PM Final Check List CITY OF TEMECULA Page: 12 151 checks in this report. Grand Total All Checks: 2,835,541.08 Page:12 I !oF TEMECULA lIST OF DEMANDS I I II09/2006 TOTAL CHECK RUN: I III 6/2006 TOTAL CHECK RUN: I III 6/2006 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 11/28/06 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 193 194 196 210 280 300 310 320 330 340 390 001 165 190 192 193 194 196 210 280 300 320 330 340 GENERAL FUND RDA LOW/MOD - 20% SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL "L" LAKE PARK MAINT. CAPITAL IMPROVEMENT PROJECTS FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TCSD DEBT SERVICE GENERAL FUND RDA LOW/MOD - 20% SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL "L" LAKE PARK MAINT. CAPITAL IMPROVEMENT PROJECTS FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: $ 912,614.16 102,808.76 282,543.74 59,337.30 86,022.96 1,132.49 15,381.84 2,181,802.17 11,893.10 14,223.67 43,942.60 35,487.1 I 6,721.53 12,668.54 3,850.00 $ 302,9 I 1.36 5,438.41 88,386.20 151.90 5,366.84 960.70 581.07 92.49 3,090.78 1,220.04 26,494.03 3,537.50 8,409.93 $ 934,888.89 2,835,541.08 446,641.25 $ 4,217,07122 $ 3,770,429.97 446,641 .25 $ 4,217,07122 ITEM NO.3 Approvals City Attorney Director of Finance City Manager J#.f'" 11/2 (JG..., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts DATE: November 28, 2006 SUBJECT: Liability Insurance Renewal PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council approve the City of Temecula's insurance policy renewal with Clarendon America Insurance Company/Princeton Excess Insurance Company in the amount of $252,779, for general and excess liability insurance for the period of December 1,2006 through December 1,2007. BACKGROUND: In preparation for the City's liability insurance policy with Clarendon America Insurance Company/Arch Specialty Excess Insurance Company expiring on December 1, 2006, Staff requested that the City's insurance broker, Cal-Surance/Brown and Brown of California, Inc., market the City's general liability insurance. In response, Cal-Surance/Brown and Brown of California, I nc. obtained proposals from the following companies in the amounts listed below. These premiums have been quoted with a minimum self-insured retention (SIR) of$150,000and range up to $250,000. COMPANY/COVERAGE $150,000 SIR $200,000 SIR $250,000 SIR Clarendon America Insurance Company/ Princeton Excess Insurance Company $252,779 Not Quoted Not Quoted General Liability $5 million Excess Liability $5 million $10 million Genesis Insurance Company $367,587 Not Quoted Not Quoted General Liabilitv $5 million Munich American Risk Partners Not Quoted Not Quoted Not Quoted General Liability $5 million St. Paul/Travelers Not Quoted $301,587 Not Quoted General Liabilitv $5 million Everest National Insurance Company General Liability $5 million Not Quoted Not Quoted Not Quoted Excess Liabilitv $5 million $10 million Insurance Company at the State of Pennsylvania General Liability $10 million Not Quoted Not Quoted Not Quoted ($500,000 SIR Employment Practices Liability) Clarendon America Insurance Company, the City's insurance carrierforthe current year, has an "A-" rating, with a financial size category of "X." Princeton Excess Insurance Company has an "A" rating, with a financial size category of "XV." The proposal by Clarendon America Insurance Company/Princeton Excess Insurance Company provides coverage of $1 0 million per occurrence and $10 million aggregate for a fixed premium of $252,779. The total liability premium of $252,779 is broken down between general liability of $201,191, and excess liability of $51,588. The proposal covers the entire year regardless of changes in the City's operating status. Considering the City's increasing exposure associated with growth and increased activities, Staff recommends the City accept the Clarendon America Insurance Company/Princeton Excess Insurance Company proposal. The schedule below reflects general and excess liability insurance premiums for past years: 1993 1994 1995 1996 1997 1998 1999 Premium $103,000 $98,633 $90,966 $92,205 $92,761 $71,283 $72,750 Policy Limits $5 million $5 million $5 million $10 million $15 million $20 million $20 million 2000 2001 2002 2003 2004 2005 2006 Premium $102,999 $140,291 $268,217 $279,984 $274,063 $278,901 $252, ng Policy Limits $20 million $15 million $10 million $10 million $10 million $10 million $10 million The above shown premium history shows a softening liability in the insurance marketplace, following a very favorable period between the years 1996 to 1999. However, the current premium, in comparison with premiums paid in 1993 to 1995, is still competitive when taking into consideration the policy limit of $5 million versus the current policy limit of $1 0 million, as well as the City's growth. This amount is $26,122 under last year's premium of $278,901, and is $27,221 under the fiscal year budgeted amount. Based on the information provided herein, Staff recommends that the City renew the general liability coverage with Clarendon America Insurance Company/Princeton Excess Insurance Company for coverage from December 1,2006 through December 1,2007, for an annual premium of $252,779 with a self-insured retention of $150,000. The self-insured retention of $150,000 is at the same level as last year and is the lowest available to the City. FISCAL IMPACT: Sufficient funds have been budgeted in the fiscal year 2006-2007 insurance fund. ATTACHMENTS: Proposal from Clarendon America Insurance Company/Princeton Excess Insurance Company PROPOSAL FROM CLARENDON AMERICA INSURANCE COMPANY! PRINCETON EXCESS INSURANCE COMPANY TERM: FORMAT: NAMED INSURED: December 1, 2006 - December 1, 2007 Occurrence City of Temecula Temecula Community Services District Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Industrial Development Authority SELF-INSURED RETENTION (SIR): $150,000 TOTAL LIMITS/COVERAGE: $10,000,000 (per occurrence) CLARENDON AMERICA INSURANCE COMPANY MUNICIPAL GENERAL LIABILITY: ...................................................... $201,191 PUBLIC OFFICIAL'S ERRORS & OMISSIONS:................................. INCLUDED MUNICIPAL AUTOMOBILE LIABILITY:............................................. INCLUDED EMPLOYMENT PRACTICES LIABILITY: ..........................................INCLUDED $5,000,000 Occurrence or Wrongful Act or Combination of Both $5,000,000 Aggregate for Personal Injury, Products/Completed Operations Hazard and Public Officials' Errors and Omissions Combined PRINCETON EXCESS INSURANCE COMPANY EXCESS FOLLOWING FORM OVER (GENERAL LIABILITY, ERRORS & OMISSIONS, AND AUTOMOBILE) $5,000,000 Occurrence/Aggregate ........................................................... $51 ,588 TOTAL COMBINED ANNUAL PREMIUM COST .................$252,779 ITEM NO.4 Approvals City Attorney Director of Finance City Manager 1#~ /112- CJo...- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 28, 2006 SUBJECT: Financial Statements for the Three Months Ended September 30, 2006 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the three months ended September 30, 2006. 2. Approve an increase of $15,000 for investment interest and $565,000 for Traffic congestion relief in the State Transportation Fund. 3. Approve an increase of $350,000 for investment interest in the Development Impact Fees Fund. 4. Approve an increase of $120,000 for investment interest in the Measure "A" Fund. BACKGROUND: The attached Financial Statements reflectthe unaudited activity of the City for the three months ended September 30, 2006. Please see the attached Financial Statements for an analytical review offinancial activity. The revenue increase is a result of Interest revenue not included in the original budget. FISCAL IMPACT: Budget savings in General Fund will offset the operating budget transfers for the City Manager and Human Resources budgets. ATTACHMENTS: Combining Balance Sheet as of September 30, 2006 Statement of Revenues, Expenditures and Changes in Fund Balance for the three months ended September 30, 2006 Combining Balance Sheet (Internal Revenue Service) as of September 30, 2006 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) for the three months ended September 30, 2006 CITY OF TEMECULA Combining Balance Sheet as of September 30, 2006 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 2006 and the Statement of Revenues, Expenses and Changes In Retained Earnings for the Three Months Ended September 30, 2006 (Unaudited) Prepared by the Finance Department City ofTemecula Combining Balance Sheet As of September 30, 2006 General Gas Tax State Trans Dev Impact CDBG Fund Fund Fund Fund Fund Assets: Cash and investments $ 40,408,735 $ 980,459 $ 10,450,870 Receivables 3,867,371 $ 303,536 5,416 87,070 Due from other fimds 303,536 Advances to other fimds 1,900,556 Deposits 61,758 Total assets $ 46,541,956 303,536 $ 985,875 $ 10,537,940 Liabilities and fimd balances: Liabilities: Due to other fimds $ 303,536 Other current liabilities $ 12,589,686 Deferred revenue 1,084,706 $ 565,018 $ 3,541 T otalliabilities 13,674,392 303,536 565,018 3,541 Flllld balances: Reserved $ 1,962,314 Designated 16,364,069 $ 420,857 $ 10,534,399 Undesignated 14,541,181 Total fimd balances 32,867,564 420,857 10,534,399 Total liabilities and fimd balances $ 46,541,956 $ 303,536 $ 985,875 $ 10,537,940 $ Please note that these balances are unaudited City ofTemecula Combining Balance Sheet As of September 30, 2006 AB 2766 AB3229 Measure A elP Fund Fund Fund Fund Total Assets: Cash and investments $ 318,749 $ 3,337,660 $ 18,933,225 $ 74,429,698 Receivables 2,373 243,647 5,235,375 9,744,788 Due from other fimds 303,536 Advances to other fimds 1,900,556 Deposits 61,758 Total assets $ 321,122 $ 3,581,307 $ 24,168,600 $ 86,440,336 Liabilities and fimd balances: Liabilities: Due to other fimds $ 200,000 $ 503,536 Other current liabilities 2,618,936 15,208,622 Deferred revenue 202,000 1,855,265 T otalliabilities 3,020,936 17,567,423 Flllld balances: Reserved $ 1,962,314 Designated $ 321,122 $ 3,581,307 $ 21,147,664 52,369,418 Undesignated 14,541,181 Total fimd balances 321,122 3,581,307 21,147,664 68,872,913 Total liabilities and fimd balances $ 321,122 $ $ 3,581,307 $ 24,168,600 $ 86,440,336 Please note that these balances are unaudited 2 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual GeneralFlllld For the Three Months Ended September 30,2006 Annual Amended YTD Percent Budget Activity of Budget Revenues: Sales tax - State $ 22,942,500 3,353,613 15% Sales tax - Triple Flip 7,647,500 0% Developmental services: Planning 1,356,480 266,174 20% Building & Safety 2,442,531 559,999 23% Land Development 2,096,250 296,723 14% Police 354,010 110,509 31% Fire 800,000 225,353 28% Grants 137,147 5,858 4% Motor vehicle in lieu - State 543,600 169,138 31% Motor vehicle in lieu - Triple Flip 6,010,000 0% Property tax 5,786,000 652,415 11% Property transfer tax 1,000,000 193,315 19% Franchise fees 2,605,000 427,740 16% Transient occupancy tax 2,100,000 568,691 27% Reimbursements - Financing 162,500 40,625 25% Reimbursements - Others 181,600 186,209 103% Reimbursements from RDA 225,000 56,250 25% Reimbursements from CIP 2,281,508 548,670 24% Investment interest 1,500,000 831,699 55% Business licenses 300,000 26,550 9% Vehicle code fines 1,200,000 313,788 26% Miscellaneous 21,000 4,520 22% AdvertisingiRental Income 67,000 23,892 36% Operating transfers in 2,181,850 444,524 20% Total Revenues 63,941,476 9,306,255 15% (1) (2) (3) (4) (5) (2) (2) (6) (7) (8) (9) (10) (11) Notes: Revenues: 1) Sales tax advances were received for July and August. The September reconciliation payment is scheduled to received by the end of November. 2) Property taxes and "Triple flip "revenues are scheduled to be received in January and May. 3) The variance in Land Development revenue is due to timing of plan check improvements, inspections and encroachments permits collected during this quarter. 4) The variance in Police revenue is due to increasing activities in parking citations and vehicle impolllld fees during this quarter. 5) The Office Tmffic Safety grant is expected to received by the end of December. 6) The variance in property tax transfer is due to timing of documents transfer received this quarter. September payments have not yet been received and expected by the end of December. 7) The variance in franchise fees is due to annual payments from Adelphia and the Gas Company are scheduled to be received later part of the fiscal year. 8) The variance is due to T ASIN/SB 621 reimbursements for Police staffing received this quarter. 9) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than estimated. 10) The variance in Business License revenue is due to the processing of renewals in December and January of each fiscal year. 11) The operating transfers from Gas Tax Flllld and AB 3229 Flllld is processed based on available cash balances from those individual fimd. AB 3229 (COPS) fnnds have not yet been received. 3 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual GeneralFlllld For the Three Months Ended September 30,2006 Annual YTD Amended YTD Activity Percent Budget Activity Encumbr. + Encumbr of Budget Expenditures: CityCollllcil $ 434,715 $ 111,971 $ 5,153 $ 117,124 27% Community Support 400,750 63,717 20,676 84,393 21% City Manager 1,203,989 280,165 67,865 348,030 29% Economic Development 935,582 248,777 138,908 387,685 41% (12) City Clerk 1,063,383 237,736 19,798 257,534 24% City Attorney 800,000 196,456 196,456 25% Finance 2,086,755 454,007 28,194 482,201 23% Human Resources 638,035 162,307 74,590 236,897 37% Planning 3,790,821 731,380 265,580 996,960 26% Building & Safety 3,109,374 663,074 484,529 1,147,603 37% (12) Land Development 2,654,905 515,046 575,669 1,090,715 41% (12) Public Works 7,684,857 1,531,457 947,912 2,479,369 32% (12) CIF Admin 3,042,011 644,871 3,686 648,557 21% Disaster Relief 43,089 36,428 36,428 85% (13) Police 18,473,234 4,384,561 293,683 4,678,244 25% Fire 5,323,274 1,244,323 206,337 1,450,660 27% Animal Control 160,000 25,000 25,000 16% Non-departmental 11,383,127 2,172,823 2,172,823 19% Total Expenditures (Excluding Transfers) 63,227,901 13,704,099 3,132,580 16,836,679 27% Revenues Over/(Under) Expenditures 713,575 (4,397,844) Operating Transfers Out 1,660,000 805,000 Revenues Over/(Under) Expenditures and Operating Transfers (946,425) (5,202,844 ) Beginning Flllld Balance, July 1, 2006 38,070,408 38,070,408 Ending Flllld Balance, Sept 30, 2006 $ 37,123,983 $ 32,867,564 Notes: Expenditures: 12) The variance in expenditures is primarily due to encumbrances for consulting services and routine maintenance that are recorded for the fiscal year. 13) The variance in disaster relief is due to payments made for stonn damage, restoration and excavation during this quarter. 4 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Gas Tax Flllld For the Tmee Months Ended September 30,2006 Revenues: Section 2105-2107 Investment interest Total Revenues Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 1,631,850 $ 443,876 $ 443,876 27% 596 596 1,631,850 444,472 444,472 27% 1,631,850 444,472 444,472 27% Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Beginning Flllld Balance, July 1, 2006 Ending Flllld Balance, Sept 30, 2006 $ 5 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual State Transportation Flllld For the Tmee Months Ended September 30,2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Traffic congestion relief Investment Interest 5,721 5,721 1) Total Revenues 5,721 5,721 Expenditures: Operating transfers out 450,000 (2) Revenues Over/(Under) Expenditures (450,000) 5,721 Beginning Flllld Balance, July 1, 2006 415,136 415,136 Ending Flllld Balance, Sept 30, 2006 $ (34,864) $ 420,857 Notes: 1) Investment interest was not budgeted due to conservative budgeting. An increased in budgeted revenues has been requested. 2) The Slurry Seal Street Project budgeted lNith this fimd has not yet started during this quarter. 6 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Development Impact Flllld For the Tlrree Months Ended September 30,2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Open Space $ 511,345 $ 27,415 $ 27,415 5% Investment interest 91,978 91,978 Quimby 2,182,798 94,333 94,333 4% Street improvements 4,212,520 510,773 510,773 12% Traffic signals 615,656 72,225 72,225 12% Parks 1,602,962 46,713 46,713 3% Corporate facilities 679,538 64,568 64,568 10% Fire protection 383,278 27,046 27,046 7% Library 757,651 40,777 40,777 5% Public Art 33,000 14,253 14,253 43% Police 360,448 24,596 24,596 7% Total Revenues 11,339,196 1,014,677 1,014,677 9% (1) Expenditures: Operating transfers out 22,157,682 1,090,000 1,090,000 5% (2) Revenues Over/(Under) Expenditures (10,818,486) (75,323) Beginning Flllld Balance, July 1, 2006 10,609,722 10,609,722 Ending Flllld Balance, Sept 30, 2006 $ (208,764) $ 10,534,399 Notes: 1) The variance in revenues is due to timing of developers pulling permits for residential homes and commercial. 2) The variance in expenditures is due to Capital Improvements Projects fimded with DIF that have started but not completed during this quarter. 7 City ofTemecula Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual Community Development Block Grant For the Three Months Ended September 30,2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Investment Interest Grant revenue $ 1,653,837 $ $ 0% (1) Total Revenues 1,653,837 0% Expenditures: Other outside services 73,837 (2) Total Expenditures (Excluding Transfers) 73,837 Revenues Over/(Under) Expenditures 1,580,000 Operating Transfers Out 1,580,000 41 Revenues Over/(Under) Expenditures and Operating Transfers (40) Beginning Flllld Balance, July 1, 2006 40 40 Ending Flllld Balance, Sept 30, 2006 $ 40 $ Notes: 1) The CIP projects fimding with this fimd for the Temecula Community Center Expansion and Sam Hicks Monument have not yet started. Revenues are based on reimbursements related to the projects. 2) Reimbursements to third party recipients have not yet disbursed during this quarter. 8 City ofTemecula Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual AB 2766 Flllld For the Three Months Ended September 30,2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: AB 2766 $ 96,000 (1) Investment interest $ 2,509 $ 2,509 (2) Total Revenues 96,000 2,509 2,509 3% Expenditures: Operating transfers out 304,324 (3) Revenues Over/(Under) Expenditures (208,324 ) 2,509 Beginning Flllld Balance, July 1, 2006 318,613 318,613 Ending Flllld Balance, Sept 30, 2006 $ 110,289 $ 321,122 Notes: 1) The first quarterly payments from South Coast Air Quality is not scheduled to be received until December. 2) Investement interest was not budgeted due to conservative budgeting. An increased in budgeted revenues has been requested. 3) The Temecula Park and Ride, Rancho Vista Sidewalk CIP projects, budgeted with this fund have not yet started. 9 City ofTemecula Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual AB 3229 COPs For the Three Months Ended September 30,2006 Annual Amended Budget Revenues: AB 3229 - COPS Investment interest Total Revenues $ 100,000 100,000 Expenditures: Operating transfers out 100,000 Revenues Over/(Under) Expenditures Beginning Flllld Balance, July 1, 2006 Ending Flllld Balance, Sept 30, 2006 YTD Activity Total Activity 11 (11) 11 11 11 Note: 1) Revenue from state is not scheduled to be received until January ofthis fiscal year. 10 Percent of Budget 1) 11 0% (1) City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Measure "A" For the Tmee Months Ended September 30,2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Measure" A" $ 3,739,000 $ 689,803 $ 689,803 18% (1) Investment Interest 43,562 43,562 (2) Total Revenues 3,739,000 733,365 733,365 20% Expenditures: Debt service - principal 494,211 123,072 123,072 25% Debt service - interest 72,389 18,229 18,229 25% Total Expenditures (Excluding Transfers) 566,600 141,301 141,301 25% Revenues Over/(Under) Expenditures 3,172,400 592,064 Operating Transfers Out 7,433,065 2,705,000 Revenues Over/(Under) Expenditures and Operating Transfers (4,260,665) (2,112,936) Beginning Flllld Balance, July 1, 2006 5,694,243 5,694,243 Ending Flllld Balance, Sept 30, 2006 $ 1,433,578 $ 3,581,307 Notes: 1) The variance is due to September revenue not received and expected by the end of November. 2) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than estimated. 11 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Capital Improvement Projects Flllld For the Three Months Ended September 30,2006 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Operating transfers in $ 60,203,747 $ 5,235,087 $ 5,235,087 9% Grants 11,354,299 607,974 607,974 5% Reimbursements 5,780,911 800,280 800,280 14% Reimbursements- TUMF 11,083,399 2,256,888 2,256,888 20% Reimbursements- AD 1,910,898 528,072 528,072 28% Reimbursements-TASIN SB62l 4,825,303 4,830,678 4,830,678 100% (1) Reimbursements-BOND Proceeds 6,643,200 0 0% Investment interest 58,960 58,960 Total Revenues 101,801,757 14,317,939 14,317,939 14% (2) Expenditures: Munieta Creek Bridge/Overland Ext 165-602 145,465 6,021 $ 126,406 132,427 91% Pauba Rd Improvements II 165-606 858,293 365,832 244,306 610,138 71% Intersection Monitoring System 165-607 149,167 141,287 141,287 95% Rancho Ca Wide Old Town Front 165-624 1,040,614 3,376 11,432 14,808 1% 79 South Medians 165-625 4,432,040 1,262,157 3,066,212 4,328,369 98% Western Bypass Conidor-Phase I 165-628 316,023 12,580 273,051 285,631 90% Bus Bench Upgrades 165-629 48,089 808 808 2"/0 Pala Road bridge 165-631 19,649 15,967 3,682 19,649 100% Diaz Realignment Vincent Moraga 165-632 2,753,844 51,474 654 52,128 2% Auxiliary Lanes on Interstate 15 165-634 200,000 0 0% Closed Caption TV Install SR79S Pechanga 165-635 183,679 0 0% Old Town Infrastructure-Mercedes St.iMain 165-636 3,171,000 266,543 266,543 8% SR 79 S Pechanga Prbvy Dual Right Turn Lanes 165-637 400,000 0 0% Winchester Rd SR 79 N Conidor Beautification 165-638 185,000 0 0% Alternative Fueling Station 165-639 150,000 0 0% Emergency Communications Projects 165-640 40,000 0 0% 1-15 Sign Replacement T emecula Pkwy/H \V)' 79S 165-641 165,000 0 0% Munieta Creek Flood Control Basin 165-642 750,000 0 0% Old Town Infrastructure Projects - Civic Plaza 165-643 300,000 2,428 284,596 287,024 96% Old Town Infrastructure- Parking Structure/officeiRetail 165-644 1,970,500 1,538,146 1,538,146 78% Old Town Infrastructure - Relocate/Grading/Demo. 165-645 1,084,000 50,222 50,222 5% Old Town Infrastructure - Undergrolllld Utilities 165-646 162,500 1,455 5,545 7,000 4% Signal- Meadows Parkway@ Campanula Way 165-652 200,000 0 0% Tmffic Signals-79S@Winchester/Redhawk 165-653 6,912 0 0% Pavement Rehabilitation 165-655 2,992,515 2,358,471 521,685 2,880,156 96% Pavement Rehabilitation - De Portola Road 165-656 2,062,000 2,625 2,625 0% Pavement Rehabilitation-STPL Project 165-657 216,000 19 19 0% Tmffic Signals-Redhawk/Overland Trail 165-658 191,570 1,438 189,982 191,420 100% Tmffic Signals-J efferson@Sanbom 165-659 188,649 1,016 171,502 172,518 91% Western Bypass BridgeiMunieta Crk 165-660 443,841 15,657 367,812 383,469 86% I15/79S Interchange- Ultimate 165-662 188,004 8,683 147,384 156,067 83% Rancho Vista Rd Sidewalk 165-663 253,975 28,847 213,037 241,884 95% Temecula Park & Ride/Transit Center 165-664 207,000 0 0% TemeculaPolice Storefront 165-665 44,461 44,461 44,461 100% Santiago Detention Basin 165-666 470,000 0 0% Theater Concession Area 165-667 65,000 0 0% Pechanga Parbvay Improvements 165-668 12,330,095 252,233 273,008 525,241 4% Flashing Beacons 165-670 20,000 0 0% 12 City of Temecula Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Capital Improvement Projects Flllld For the Three Months Ended September 30,2006 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Temecula City Entry Monumentation 165-671 175,000 0 0% Diaz Road Extension at Cherry St 165-684 323,057 460 460 0% Tmffic Signal Equipment Installation 165-712 344,986 0 0% Localized Stonn Drain Improvements 165-715 119,899 109 109 0% French Valley Parkway S.B. Off Jefferson 165-719 3,844,992 114,152 114,152 3% Bridge Barner Rail Replacement 165-722 215,869 198,881 569 199,450 92% Butterfield Stage Rd Extension 165-723 20,825,000 0 0% French Valley Parkway 1-15 Overcrossing 165-726 8,739,365 69,248 214,204 283,452 3% Fire Station Wolf Creek 165-733 4,589,503 44,257 4,275,831 4,320,088 94% Pedestrian Bicyc1e Bridge - CHS 165-738 677,160 328 4,480 4,808 1% Fire Station Roripaugh Ranch 165-741 853,674 1,180 536,883 538,063 63% Maintenance Facility Expansion 165-742 7,799,953 39,397 7,476,223 7,515,620 96% Main St Bridge/Munieta Creek 165-743 3,320,244 4,002 100,347 104,349 3% Long Canyon Detention Basin 165-746 238,650 0 0% TemeculaPark & Ride 165-747 131,000 0 0% Santiago Rd. Improvements 165-749 268,000 0 0% Old Town Properties Master Plan 165-751 66,043 31,020 35,023 66,043 100% Rancho Ca. Wide 1-15 E. Ynez 165-752 302,870 263,254 27,373 290,627 96% Roller Hockey Rink 190-137 150,000 0 0% Sam Hicks Monument Park Playgrolllld Replacement 190-138 150,000 0 0% Santa Gertrudis Creek Trail Reseal and Restriping 190-139 85,000 0 0% SantiagoiYnez Park Site Design 190-140 55,000 0 0% Munieta Creek Multi-Purpose Trail 190-142 3,104,377 6,751 1,402 8,153 0% Red hawk Park Improvements 190-144 1,025,962 16,518 4,503 21,021 2% Public Art 190-148 50,000 0% Vail Ranch Park Site D 190-160 150,000 0% Children's Museum 190-165 6,620 6,620 6,620 100% Community Theater 190-167 12,725 589 589 5% Patricia H Birdsall Sports Park 190-173 2,072,012 935,864 638,852 1,574,716 76% Play Structure Retrofit at Various Parks 190-179 60,000 0% Multi-Trails System Citywide 190-185 37,792 3,863 2,341 6,204 16% Old Town Gymnasium 190-186 162,000 0% Ronald Reagan Sports Channel Silt 190-187 490,279 2,040 2,040 0% Veteran's Memorial Pavers- Phase 2 190-189 52,000 36,502 36,502 70% Dog Parks Areas Various City Parks 190-190 195,046 4,007 750 4,757 2% Kent Hindergardt Memorial Park 190-191 89,575 14,159 67,416 81,575 91% L oma Linda Play Structure Surface 190-192 25,033 0 0% Roripaugh Rancho Open Space Trails 190-195 175,000 11,496 11,496 7% Temecula Community Center Expansion 190-197 1,409,912 3,665 129,255 132,920 9% TES- Swimming Poll Renovation 190-198 153,010 1,398 15,000 16,398 11% Library 199-129 8,632,513 2,313,259 4,493,888 6,807,147 79% Old Town District Acquisition 199-130 56,477 0 0% Old Town Land Acquisition 199-131 275,599 50,605 32,851 83,456 30% Total Expenditures 109,916,082 8,394,892 26,167,963 34,562,855 31% (2) Revenues Over/(Under) Expenditures (8,114,325) 5,923,047 Beginning Flllld Balance, July 1, 2006 15,224,617 15,224,617 Ending Flllld Balance, Sept 30, 2006 $ 7,110,292 $ 21,147,664 Notes: 1) The variance is due to T ASIN/SB 621 funding budgeted for this year received in July ofthis fiscal year 2) The variances in the Capital Improvement Flllld revenues and expenditures are due to the timing of when the various projects are actually started and costs are incurred. 13 Internal Service Fllllds Combining Balance Sheet As of September 30, 2006 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Assets: Cash and investments $ 1,590,022 $ 749,217 $ 1,089,836 $ 272,875 $ 199,208 $ 3,901,158 Receivables 11,396 5,269 8,023 2,517 1,855 29,060 Prepaid assets 125,169 125,169 Property, plant and equipment (net of 1,165,544 284,421 55,662 1,505,627 accumulated depreciation) Total assets $ 1,726,587 $ 1,920,030 $ 1,382,280 $ 331,054 $ 201,063 $ 5,561,014 Liabilities and fimd equity: Liabilities: Current liabilities $ 489,343 191 $ 184,428 $ 19,366 $ 54,830 $ 748,158 Capital leases payable 79,033 79,033 Total liabilities 489,343 191 184,428 98,399 54,830 827,191 Flllld equity: Contributed capital Retained earnings 1,237,244 1,919,839 1,197,852 232,655 146,233 4,733,823 Total fimd equity 1,237,244 1,919,839 1,197,852 232,655 146,233 4,733,823 Total liabilities and fimd equity $ 1,726,587 $ 1,920,030 $ 1,382,280 $ 331,054 $ 201,063 $ 5,561,014 Please note that these balances are llllaudited. 14 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Fllllds For the Tmee Months Ended September 30,2006 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Revenues: Investment interest $ 12,006 $ 5,553 $ 6,293 $ 1,961 $ 729 $ 26,542 Charges for services 147,350 73,556 552,611 53,195 161,457 988,169 Miscellaneous 400 1,864 17 2,281 Total Revenues 159,756 80,973 558,921 55,156 162,186 1,016,992 Expenses: Salaries & wages 13,384 294,718 35,321 95,547 438,970 Operating expenses 145,364 225,523 6,917 66,630 444,434 Interest 813 813 Depreciation 71,660 59,500 8,032 139,192 Total Expenses 158,748 71,660 579,741 51,083 162,177 1,023,409 Revenues Over/(Under) Expenditures 1,008 9,313 (20,820) 4,073 9 (6,417) Retained Earnings, July 1, 2006 1,236,236 1,910,526 1,218,672 228,582 146,224 4,740,240 Retained Earnings, Sept 30, 2006 $ 1,237,244 $ 1,919,839 $ 1,197,852 $ 232,655 $ 146,233 $ 4,733,823 15 ITEM NO.5 Approvals City Attorney Director of Finance City Manager J#.r /J~ ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 28, 2006 SUBJECT: Authorization to Execute the Supplemental Agreement for Fiscal Year 2006-07 for the use of Community Development Block Grant (CDBG) Funds PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council authorize the Mayor to execute the Supplemental Agreement for Fiscal Year 2006-07 for the use of Community Development Block Grant (CDBG) Funds. BACKGROUND: On January 24, 2006, the City Council recommended funding for Fiscal Year 2006-07 Community Development Block Grant (CDBG) projects. This recommendation was forwarded to the Riverside County Economic Development Agency for review and processing with the U.S. Department of Housing and Urban Development (HUD). HUD provides CDBG funding for local projects, which meet at least one of the following nationally established goals: 1. The activity benefits fifty-one percent of low to moderate income individuals; or, 2. The activity aids in the prevention or elimination of slums or blight; or, 3. The activity meets an emergent community development need. The Economic Development Agency (EDA) has processed the City's recommendation and has submitted the attached supplemental agreement for signature. The projects and levels of funding approved by the (EDA) are as follows: Operation School Bell Boys And Girls Club Court Appointed Special Advocates (CASA) Rape Crisis Center Alternatives Domestic Violence Safe Teen Connection (Family Support Program) Senior Citizen Emergency Food Pantry Circle of Care YMCA Summer Camp $ 10,000 $ 10,000 $ 2,000 $ 4,000 $ 4,000 $ 11,000 $ 9,000 $ 6,000 $ 4,000 American Red Cross Sam Hicks Monument Park Playground Replacement Temecula Community Center Expansion Total CDBG Funding $ 3,337 $150,000 $208.970 $422.307 The total funding of $422,307 is a 14 percent decrease from the City application submittal amount of $492,252, and the reduction was spread as determined by the EDA to all CDBG projects. This decrease was a HUD and countywide decrease which was the result of a Federal spending cutback for CDBG funding. Execution of the fiscal year 2006-07 Supplemental Agreement and Sub-Recipient Agreement facilitates CDBG funding for these projects. FISCAL IMPACT: CDBG funds will be budgeted in a special revenue fund for the approved programs and projects. ATTACHMENTS: -Supplemental Agreement for Fiscal Year 2006-07 -City of Temecula Agenda Report dated January 24, 2006 1 2 3 4 5 File:3.TMI40-3.TMI43 0.726,0.728,0.735,0.743-0.744,0.746-0.747,0.749 SUPPLEMENTAL AGREEMENT FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 6 The COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," 7 and the CITY OF TEMECULA, herein called "CITY," mutually agree as follows: 8 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated 9 July 12,2005, whereby CITY elected to participate with COUNTY, which has qualified as an 10 "Urban County" for purposes of receiving Community Development Block Grant (CDBG) 11 funds, and to assist and undertake essential community development and housing assistance 12 activities pursuant to the Housing and Community Development Act of 1974, as amended, 13 hereinafter referred to as "Act". Said Cooperation Agreement dated July 12, 2005, is 14 incorporated herein by reference and made a part of this Agreement as if each and every 15 provision was set forth herein. 16 2. PURPOSE. CITY promises and agrees to undertake and assist with the 17 community development activities, within its jurisdiction, by utilizing the sum of $422,307, 18 CDBG Entitlement Funds, as specifically identified in Exhibits A, B, C, D, E, F, G, H, I, J, K 19 and L are attached hereto and by this reference are incorporated herein, for the projects: 20 3.TM140 Temecula Communi tv Center (TCC) Exoansion. $208.970. 21 3.TM14l Familv SUDoort Program. $11.000. 22 3.TM142 YMCA Dav Camo & Swim Lessons. $4.000. 23 3.TM143 Sam Hicks Monument Park Plavground Reolacement. $150.000. 24 0.726 Casa De Paz. $4.000. 25 0.728 CASA Volunteer Recruitment. $2.000. 26 0.735 Emergencv Services Provision Proiect. $3.337. 27 0.743 Emergencv Food and Storage. $9.000. 28 0.744 Ooeration School Bell- Temecula Vallev. $10.000. Page 1 of9 I 0.746 Circle of Care. $6.000. 2 0.747 Raoe Prevention Education. $4.000. 3 0.749 The Learning Connection. $10.000. 4 5 3. TERM OF AGREEMENT. The tenn of this Agreement for the projects shall be 6 for a period of one (1) year from July I, 2006 to June 30, 2007, and proceed consistent with the 7 completion schedule set forth in Exhibits A, B, C, 0, E, F, G, H, I, J, K and L. In the event that 8 the projects are not substantially completed by the time set forth in the completion schedule due 9 to unforeseen or uncontrollable causes, the COUNTY may consider extending the schedule for 10 the completion of the project. Times of perfonnance for other activities may also be extended in 11 writing by COUNTY. If substantial progress toward completion in confonnance with the 12 completion schedule, as detennined by COUNTY, of the projects are not made during the term I3 of the Supplemental Agreement, COUNTY may suspend or tenninate this agreement by the 14 procedures set forth in the Section titled "Tennination", of this agreement and the entitlement 15 funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is 16 given. 17 4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall detennine 18 the final disposition and distribution of all funds received by COUNTY under the Act consistent 19 with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic 20 Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in 21 Exhibits A, B, C, D, E, F, G, H, I, J, K and L; (2) It is the CITY's responsibility to monitor all 22 project activities of Exhibits A, B, C, 0, E, F, G, H, I, J, K and L to ensure compliance with 23 applicable federal regulations and the tenns of this Agreement. CITY shall comply with timely 24 drawdown of funds by submitting monthly requests for reimbursement. All disbursements of 25 grant funds will be on a reimbursement basis and made within thirty (30) days after the CITY 26 has submitted its letter identifying payments and documentation which supports expenditures. 27 All authorized obligations incurred in the perfonnance of the Agreement for projects 28 eligible under the following regulations must be reported to COUNTY no later than by June 5. Page 2 019 1 2007: 2 a. Public Services [24 CFR 570.201 (e)J 3 b. Acquisition [24 CFR 570.201 (a)J 4 c. Clearance Activities [24 CFR 570.201 (d)J 5 d. Interim Assistance [24 CFR 570.201 (1)J 6 e. Code Enforcement [24 CFR 570.202 (c)J 7 All other eligible activities under this Agreement must be implemented, completed, and 8 obligations reported by the CITY no later than the completion schedules set forth in the Exhibits 9 to this Agreement. 10 3) The COUNTY will directly manage and monitor projects identified in Exhibits E, F, 11 G, H, I, J, K and L. These projects have been determined to be Countywide, receiving grant 12 funding from multiple sources; therefore, these projects will be managed and monitored by the 13 COUNTY. 14 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with 15 COUNTY in undertaking essential community development and housing assistance activities, 16 specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying 17 out its Strategic Plan of the Consolidated Plan and other requirements of the Community 18 Development Block Grant Program. 19 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA 20 ENVIRONMENTAL OUALITY ACT (CEOA). Pursuant to Section 15051(d) ofTitle 14 of the 21 California Administrative Code, CITY is designated as the lead agency for the projects that are 22 the subject matter of this Agreement. 23 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all 24 applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY 25 and its agency members and their respective agents, servants and employees of and from any and 26 all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever 27 kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the 28 defense of said parties, and the payment of attorney's fees, arising out of or in any manner Page 3of9 I 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 connected with the performance by CITY under this Agreement. 8. RECORDS AND INSPECTIONS. a. CITY shall establish and maintain records in accordance with 24 CFR Part 570, Part 85, OMB Circular A-87, and 24 CFR 91.105, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. b. CITY shall maintain a separate account for CDBG Entitlement funds received as set forth in Exhibits (A, B, C, D, E, F, G, H, I, J, K and L). c. CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HOD), or other authorized representative, for the examination and copying all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. e. The CITY shall ensure that at least fifty-one percent (51%) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [570.208(a)(2)(i)]are of low and moderate income and meet the program income guidelines attached as Exhibits (A, B, C, D, E, F, G, H, I, J, K and L). The CITY must provide the required direct benefit documentation. 9. FEDERAL REOUIREMENTS. CITY shall comply with all applicable federal, state and local laws, regulations and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above-mentioned Cooperation Agreement. CITY will comply with Section 3 of the Housing & Urban Development Act of 1968, as Page4of9 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 amended, attached hereto as Exhibit "S". CITY will comply with the provisions of24 CFR Part 570.2000), attached as Exhibit "R," pertaining to inherently religious activities. 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the tenn of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. 11. TERMINATION. a. CITY. CITY may not tenninate this Agreement except upon express written consent of COUNTY. b. COUNTY. Notwithstanding the provisions of Paragraph 11a, COUNTY may suspend or tenninate this Agreement upon written notice to CITY of action being taken and the reason for such action: (1) In the event CITY fails to perfonn the covenants herein contained at such times and in such manner as provided in this Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs I and 2 above is tenninated or otherwise becomes unavailable. c. Upon suspension of this Agreement, CITY agrees to return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Agreement. d. Upon suspension of this Agreement, CITY agrees not to incur any additional cost with regard to the projects that are cited in the written notice as necessitating the suspensions. 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of Page 50t9 1 Title 24 of the Federal Code of Regulations which requires that no person in the United States 2 shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be 3 denied the benefits of, or be subjected to discrimination under any program or activity funded in 4 whole or in part with Community Development funds. 5 13. PROHIBITION AOAINST CONFLICTS OF INTEREST 6 a. CITY and its assigns, employees, agents, consultants, officers and elected 7 and appointed officials shall become familiar with and shall comply with the COSO regulations 8 prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "CI" 9 and by this reference incorporated herein. lOb. CITY and its assigns, employees, agents, consultants, officers, and elected 11 and appointed officials shall become familiar with and shall comply with Section A-II of the 12 County's COSO Policy manual, attached hereto as Exhibit "CI" and by this reference 13 incorporated herein. 14 c. CITY understands and agrees that no waiver of exception can be granted 15 to the prohibition against conflict of interest except upon written approval of HUD pursuant to 16 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by 17 COUNTY to determine whether such request is appropriate for submission to HOD. In 18 determining whether such request is appropriate for submission to HUD, COUNTY will consider 19 the factors listed in 24 CFR 570.611 (e). 20 d. Prior to any funding under this Agreement, CITY shall provide COUNTY 21 with a list of all employees, agents, consultants, officers and elected and appointed officials who 22 are in a position to participate in a decision making process, exercise any functions or 23 responsibilities, or gain inside information with respect to the CDSO activities funded under this 24 Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including 25 even the appearance of conflict, that may arise with respect to the CDSO activities funded under 26 this Agreement. 27 e. Any violation of this section shall be deemed a material breach of this 28 Agreement, and the Agreement shall be immediately terminated by the COUNTY. Page 6 019 I 14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no 2 liability for any later detennination by the United States Government, the Department of 3 Housing and Urban Development or any other person or entity that CITY is or is not eligible 4 under 24 CFR Part 570 to receive CDBG funds. 5 15. USE OF PROPERTY. Whenever federal CDBG funds or program income are 6 used, in whole or in part, for the purchase of equipment or personal property, the property shall 7 not be transferred from its originally funded use, by CITY or subrecipient, for a period of five (5) 8 years from the close-out date of the grant from which CDBG assistance was provided. The 9 CITY shall maintain a current inventory for COUNTY monitoring and review. 10 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY 11 agrees to notify and to require any lessee or assignee to notify Riverside County Workforce 12 Development Center of any and all job openings that are caused by this project. 13 17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant 14 to this Agreement, during the tenn of this Agreement, will make reference to the Contribution of 15 the County of Riverside, the Economic Development Agency, and the Community Development 16 Block Grant Program in making the project possible. 17 18. PROGRAM MONITORING AND EVALUATION. CITY and its subrecipients 18 shall be monitored and evaluated in tenns of its effectiveness and timely compliance with the 19 provisions of this Agreement and the effective and efficient achievement of the Program 20 Objectives. Quarterly reports shall be due on the last day of the month immediately following 21 the end of the quarter being reported. The quarterly written reports shall include, but shall not be 22 limited to, the following data elements: 23 a. Title of program, listing of components, description of 24 activities/operations. 25 b. The projected goals, indicated numerically, and also the goals achieved 26 (for each report period). In addition, identify by percentage and description, the progress 27 achieved towards meeting the specified goals and identify any problems encountered in meeting 28 goals. Page 7 019 1 c. If the CDBO-funded Activity meets a National Objective under 24 CFR 2 570.208 (a)(2)(i), CITYwill report the following: 3 I) Total number of direct beneficiaries (clientele served) with 4 household incomes at: 5 . Above 80% MHI 6 . Between 50% and 80% MHI (Low-Income) 7 . Between 30% and 50% MHI 01ery Low-Income) 8 . Less than 30% MHI (Extremely Low-Income) 9 2) Total number and percent (%) of the clientele served that have 10 household incomes at or below 80% MHI 1 I 3) Racial ethnicity of clientele 12 4) Number of Female-Headed Households 13 CITY and its subrecipients shall report beneficiary statistics monthly to EDA on the pre- 14 approved Direct Benefit Form and Self-Certification Form (certifying income, family size, and 15 racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by EDA should 16 HUD implement changes during the term of this agreement. 17 CITY and subrecipients will collect and provide all necessary data required by HUD 18 pertaining to the Specific Outcome Indicators as identified in the CPD Outcome Performance 19 Measurement System. 20 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with 21 the cooperation Agreement between the parties, embodies the entire agreement of the parties in 22 relation to the subject matter thereof, and that no other Agreement or understanding, verbal or 23 otherwise, relative to this subject matter, exists between the parties at the time of execution. 24 20. MINISTERIAL ACTS. The Assistant County Executive Officer/EDA or 25 designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to 26 implement the terms, provisions, and conditions of this Agreement as it may be amended from 27 time to time by COUNTY. 28 21. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval Page 8 of 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from the Economic Development Agency prior to implementing the following "high risk" activities funded with CDBG assistance: a. Construction of public facilities (project plans and specifications); b. Acquisition of real property; c. Historic Preservation; d. Relocation; and e. Economic Development 22. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. DATED: COUNTY OF RIVERSIDE CITY OF TEMECULA By: By: Deputy Director Mayor SH:JT:JM:bf S \CDBG\FORMS\AgrecmenlJ Revised\06-07 Supplemental Agrument'SuppJemental Agreemenl,06. Template.doc Page 9 of 9 Prohibition Against Conflicts of Interest EXHIBIT CI . page I of 4 ~ 570_ 611 Conflict of interest. (a) Aoolicabilitv. (I) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at ~ 570.204(c)), the conflict ofinterest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-llO, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to ~ 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to ~ 570-203, ~ 570.204 or ~ 570.455). (b) Conflicts prohibited. Except for the use ofCDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient, or of any designated public agencies, or subrecipients which are receiving funds under this part. (d) Exceotions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. Prohibition Against Conflicts ofInterest EXHIBIT CI. page 2 of 4 (e) Factors to be considered for exceotions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (l) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. Prohibition Against Conflicts of Interest Exhibit CI, page 3 of 4 TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" require that grantees and sub-grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved. 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub-grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub-agreements except as noted in Section 4. 4) A grantee's or sub-grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. TOPIC: DATE: iii) iv) v) Prohibition Against Conflicts ofInterest Exhibit CI. page 4 of 4. CONFLICT OF INTEREST CODE RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY October 1989 Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on tenns available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. Any donor of, or any intennediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page I of2 In accordance with First Amendment Church/State Principles, as a general rule, CDBGIESG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. The following restrictions and limitations therefore apply to the use of CDBGIESG funds. (I) CDBGIESG funds may not be used for the acquisition of property or the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures to be used for religious purposes or which will otherwise promote religious interests. This limitation includes the acquisition of property for ownership by primarily religious entities and the construction or rehabilitation (including historic preservation and removal of architectural barriers) of structures owned by such entities (except as permitted under paragraph (j) (2) of this section with respect to rehabilitation and under paragraph (j) (4) of this section with respect to repairs undertaken in connection with public services) regardless of the use to be made of the property or structure. Property owned by primarily religious entities may be acquired with CDBGIESG funds at no more than fair market value for a non- religious use. (2) CDBGIESG funds may be used to rehabilitate buildings owned by primarily religious entities to be used for a wholly secular purpose under the following conditions: (i) The building (or portion thereot) that is to be improved with the CDBGIESG assistance has been leased to an existing or newly-established wholly secular entity (which may be an entity established by the religious entity); (ii) The CDBGIESG assistance is provided to the lessee (and not the lessor) to make the improvements; (iii) The leased premises will be used exclusively for secular purposes available to persons regardless of religion; (iv) The lease payments do not exceed the fair market rent of the premises as they were before the improvements are made; (v) The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the lessor; (vi) The lessor enters into a binding agreement that unless the lessee, or a qualified successor lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the lessor will pay to the lessee an amount equal to the residual value of the improvements; (vii) The lessee must remit the amount received from the lessor under subparagraph (2)(vi) of this section to the recipient or subrecipient from which the CDBGIESG funds were derived. EXHIBIT "R" CONSTITUTIONAL PROHIBITION Page 2 of2 Th lessee can also enter into a management contract authorizing the lessor religious entity to use the building for its intended secular purpose, e.g., homeless shelter, provision of public services. In such case, the religious entity must agree in the management contract to carry out the secular purpose in a manner free form religious influences in accordance with the principles set forth in paragraph (j)(3) of this section. (3) As a general rule, CDBG/ESG funds may be used for eligible public services to be provided through a primarily religious entity, where the religious entity enters into an agreement with the recipient or subrecipient from which the CDBG/ESG funds are derived that, in connection with the provision of such services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; (iv) The portion of a facility used to provide the public services shall contain no religious symbols or decorations, other than those permanently affixed to or part of the structure. (4) Where the public services provided under paragraph (j)(3) of this section are carried out on property owned by the primarily religious entity, CDBG/ESG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terms only an incidental portion of the CDBGIESG expenditure for the public services. EXHIBIT "S", page 1 of 1 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A The work to be perfonned under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients ofHUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in M applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, tennination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work perfonned in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Detennination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be perfonned under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian- owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). EXHIBIT A Page 1 of6 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: riry nf 'l'"m"","l", ADDRESS: d'3?on l3""in"'''' P"'r" nr Ternecula,CA 92590 PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager PHONE: (951) 694-6430 E-MAIL: FAX: PROJECT NAME: Tp.rnp.cllla Community Center (TCC) F.xoansion. 3.TM140 PROJECT LOCATION: 28816 Puiol Street, Ternecula, CA LEVEL OF ENVIRONMENTAL CLEARANCE: Environmental Assesment CDBG ELIGIBILITY CODE: 24 CFR 570.201 (c) Public Facility PROJECT FUNDING SUMMARY: 1 ST District 2nd District 3 rd District $0 $0 $0 4th District 5th District City Funding $0 $0 $208,970 Project to be administered by County (EDA) on behalf of City: YES 0 NO 1RI II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Temecula Community Center Expansion in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: Activity #1 The City of Temecula operates the Temecula Community Center in the Old Town (low/mod income) section of the city. CDBG funds will be used for the design and construction of a 2,800 square foot expansion to the existing facility. EXHIBIT A Page 2 of 6 B. National Objective All activities funded with CDBO funds must comply with one of more of the CDBO program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: Low Mod Area CFR Reference: 570.208(a)(2)(i) C. Levels of Accomplishment - Goals and Performance Measures The City agrees to implement and complete the following activity (ies): Activity #1 Construction of a 2,800 square foot expansion to the Temecula Community Center. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): [8] Creating Suitable Living Environments o Providing Decent Affordable Housing o Creating Economic Opportunities Outcome (select one): 0 Availability/Accessibility o Affordability [8] Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and pennitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBO funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's perfonnance under this Agreement. Any changes in the above items are subject to the prior approval of the County. E. Performance Monitoring The County of Riverside will monitor the perfonnance of the City and its subrecipients against goals and perfonnance standards as stated above. Substandard perfonnance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or tennination procedures will be initiated. EXHIBIT A Page 3 of6 F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $208.970. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount: DesignlEngineering Costs Project Administration Costs Construction Costs $208.970 Acquisition Costs Relocation Costs Capital Equipment Costs Other TOTAL CDBG BUDGET $208.970 III. ADMINISTRATIVE REQillREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," A-2l, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal EXHIBIT A Page 4 of6 Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and Vl1. Other records necessary to document compliance with Subpart K of24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure EXHIBIT A Page 5 of6 The City understands that client infonnation collected under this contract is private and the use or disclosure of such infonnation, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and detennining the custodianship of records. Not withstanding the foregoing, the tenns of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during nonnal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. EXHIBIT A Page 6 of6 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre-approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Comoletion Date Implement Project Activities Upon Notification from EDA Execute Supplemental Agreement & Notice to Incur Cost Novemeber 2006 November 2006 Submit Quarterly Performance Reports to County October 15,2006 Janaury 31, 2008 County Monitoring of City ProgramlPerformance Ongoing City Submits Reimbursement Requests Monthly Submittal 0 Other Schedule IRI TBD CDBG-funded Project Complete May 2008 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS City will submit necessary documentation for EDA to conduct NEP A environmental reviews and review and approve constructionibidding documents. EXHIBIT B Page 1 of6 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 43200 Business Park Dr. Temecula,CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager SUBRECIPIENT NAME: ADDRESS: PROGRAM CONTACT: FAX: PROJECT NAME: Fam; 1 y Sllppnrt Prngram. :1 TM141 PROJECT LOCATION: ?RR1f; Plljnl St . Tpmp""1,,, LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: 15T District 2nd District 3'd District $0 $0 $0 4 ,h District 5th District City Funding $0 $0 $11,000 Project to be administered by County (EDA) on behalf of CITY: YES 0 NO lEI II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Family Support Program in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: EXHIBIT B Page 2 of6 Activity #1 The Safe Alternative For Everyone (SAFE) program provides resource development, planning, and support in the areas of family case management, anger management, tutoring, community service, teen programs, and general assistance (food, housing, transportation, child care). The program offers services to abused children, battered spouses, and homeless persons. CDBG funds will be used for staff salaries, benefits, and program supplies. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.2oo(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: I nw Mod I.imited Cliente'e Pre~llmed CFR Reference: 570.208(a)(2)(i)(A) C. Levels of Accomplishment - Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units oer Month Total Units/Year Total Unduvlicated Persons Activity #1 660 660 Unit of Service is defined as: Participants in the SAFE program CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): I8l Creating Suitable Living Environments o Providing Decent Affordable Housing o Creating Economic Opportunities Outcome (select one): I8l Availability/Accessibility o Affordability o Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. EXHIBIT B Page3 of 6 E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $ 11.000 . Drawdowns for the payment of eligible expenses shaH be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount: Direct Program Expenses Salaries $ 10.000 Fringe Office Space (Program only) Utilities Communications ReproductioniPrinting Supplies and Material 1.000 Mileage Equipment (Program Only) Other (Specify) Total Direct Program Costs Indirect Costs (Specify)* Total Indirect Costs TOTAL CDBG BUDGET II .000 * All indirect costs must be pre-approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. EXHIBIT B Page 4 of6 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in confonnance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping 1. Records to be Maintained The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: Records providing a full description of each activity undertaken; n. Records demonstrating that each activity undertaken meets one of the National Objectives ofthe CDBG program; 111. Records required to detennine the eligibility of activities; IV. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vn. Other records necessary to document compliance with Subpart K of24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual perfonnance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained EXHIBIT B Page 5 of 6 until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for detennining eligibility, and description of service provided. Such infonnation shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client infonnation collected under this contract is private and the use or disclosure of such infonnation, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and detennining the custodianship of records. Not withstanding the foregoing, the tenns of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during nonnal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-B3. EXHIBIT B Page 6 of 6 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre-approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Comoletion Date Execute Subrecipient Agreements July I, 2006 June 30, 2006 (EDA must approve) Implement Program Activities July 1, 2006 June 30, 2006 Execute Supplemental Agreement November 2006 November 2006 & Notice to Incur Cost City Submit Quarterly October 15,2006 July 31, 2007 Performance Reports to County County Monitoring of City Ongoing Performance City submit Monthly Direct Benefit Reports September 2006 July 2007 City Submits Reimbursement Requests Monthly Submittal [&l September 2006 Mav 15, 2007 Other Schedule 0 CDBO Program Services Complete June 30, 2007 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS EXHIBIT C Page I of6 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMA nON CITY NAME: City of Temecula ADDRESS: 43200 Business Park Dr. Temecula,CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager SUBRECIPIENT NAME: YMCA ADDRESS: PROGRAM CONTACT: PHONE: (951) 694-6430 FAX: E-MAIL: PROJECT NAME: YMCA Dav Camp & Swim Lessons. 3.TM142 PROJECT LOCATION: Various I,ocations LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: I ST District 2nd District 3'd District $0 $0 $0 4th District 5th District City Funding $0 $0 $4,000 Project to be administered by County (EDA) on behalf of CITY: YES 0 NO [E] II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the YMCA Day Camp and Swim Lessons in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: EXHIBIT C Page 2 of6 Activity #1 The YMCA Day Camp and Swim Lesson Program offers day camp and swim lessons to children during school breaks. This project will allow low-income families to receive a scholarship to help offset program fees. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: I.ow Mod T imited Clientele Income Certification CFR Reference: 570.208(a)(2)(i)(B) C. Levels of Accomplishment - Goals and Performance Measures The City agrees to provide the following levels of program services: Activity Units ocr Month Total UnitsN ear Total Undul1/icated Persons Activity #1 150 150 Unit of Service is defined as: Children participating in the YMCA programs. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): [lD Creating Suitable Living Environments o Providing Decent Affordable Housing o Creating Economic Opportunities Outcome (select one): [lD Availability/Accessibility o Affordability o Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it and its subrecipients have the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and pennitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact City's perfonnance under this Agreement. Any changes in the above items 'are subject to the prior approval of the County. E. Performance Monitoring EXHIBIT C Page 3 of6 The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $ 4.000 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Salaries $ Fringe Office Space (Program only) Utilities Communications Reproduction/Printing Supplies and Materials Mileage Equipment (Program Only) Audit Transportation Scholarships 4.000 Total Direct Program Costs Line Item Direct Program Expenses Indirect Costs (Specify)- Total Indirect Costs Amount: TQTAL CDBG BUDGET 4.000 * All indirect costs must be pre-approved by the County. City must submit an Indirect Cost Allocation Plan to County, in a form specified by County, demonstrating the appropriate share of general and administrative costs. EXHIBIT C Page 4 of6 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122. "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping 1. Records to be Maintained The City and its subrecipients will maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: Records providing a full description of each activity undertaken; 11. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; 111. Records required to determine the eligibility of activities; IV. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained EXHIBIT C Page 5 of6 until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case ofa minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Inspections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports m11st be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-133. EXHIBIT C Page 6 of 6 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre-approved by County, CITY will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks I Milestone Start Date Completion Date Execute Subrecipient Agreements July 1,2006 June 30, 2006 (EDA must approve) Implernent Program Activities July 1,2006 June 30, 2006 Execute Supplemental Agreement November 2006 November 2006 & Notice to Incur Cost City Submit Quarterly October 15, 2006 July 31, 2007 Performance Reports to County County Monitoring of City Ongoing Ongoing Performance City submit Monthly Direct Benefit Reports September 2006 July 2007 City Submits Reimbursement Requests Monthly Submittal IRI September 2006 Mav 15. 2007 Other Schedule 0 CDBG Program Services Complete June 30, 2007 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS EXHIBIT D Page 1 of6 CDBG SUPPLEMENTAL AGREEMENT SCOPE OF WORK (NON-PUBLIC SERVICE) I. GENERAL INFORMATION CITY NAME: (,iti' nf ,!,pmpf'111", ADDRESS: A~?nn Q119in~~c: P:::Irv nl" Temecula,CA 92590 PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager PHONE: (951) 694-6430 E-MAIL: FAX: PROJECT NAME: Sam Hicks Monument Park PlaYQround Replacement 3.TM143 PROJECT LOCATlON: 41970 Moreno Dr., Temecula LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion CDBG ELIGIBILITY CODE: 24 CFR 570.201 (c) Public Facility PROJECT FUNDING SUMMARY: I ST District 2nd District 3rd District $0 $0 $0 4th District 5th District City Funding $0 $0 $150,000 Project to be administered by County (EDA) on behalf of City: YES 0 NO IRI II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Sam Hicks Monument Park Playground Replacement in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: EXHIBIT D Page 2 of 6 Activity #1 The City of Temecula will use CDBG funds to pay costs associated with the renovation of areas surrounding the play structures at Sam Hicks Monument Park. The improvements will remove barriers and bring the facility into compliance with ADA accessibility requirements. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: Low Mod Limited Clientele - Architectural Barriers CFR Reference: 570.208(a)(2)(i)(A) C. Levels of Accomplishment - Goals and Performance Measures The City agrees to implement and complete the following activity (ies): Activity #1 Renovation of areas surrounding the play structures at Sam Hicks Monument Park. The improvements will remove barriers and bring the facility into compliance with ADA accessibility requirements. CPD OUTCOME PERFORMANCE MEASUREMENT Objectives (select one): IRI Creating Suitable Living Environments o Providing Decent Affordable Housing o Creating Economic Opportunities Outcome (select one): 0 Availability/Accessibility o Affordability IRI Sustainability (promoting livable or viable communities) D. City Capacity By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds. City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient's performance under this Agreement. Any changes in the above items are subject to the prior approval of the County. EXHIBIT D Page 3 of 6 E. Performance Monitoring The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated. F. Program Budget It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $ 150.000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City. Line Item Amount: Designffingineering Costs 12.500 Project Administration Costs 7.550 129.900 Construction Costs Acquisition Costs Relocation Costs Capital Equipment Costs Code Enforcement Clearance Interim Assistance Other TOTAL CDBG BUDGET 150,000 EXHIBIT D Page 4 of 6 III. ADMINISTRATIVE REQUIREMENTS A. Accounting Standards The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Cost Principles The City shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations," A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis C. Documentation and Record Keeping I. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: I Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; 111. Records required to determine the eligibility of activities; IV. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; VI. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and vii. Other records necessary to document compliance with Subpart K of24 CFR Part 570. 2. Records Retention The City shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of five (5) years. The retention period begins on the date of the submission of the County's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained EXHIBIT D Page 5 of6 until completion of the actions and resolution of all issues, or the expiration of the five- year period, whichever occurs later. 3. Client Data The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request. 4. Disclosure The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County's or City's responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The City's obligation to the County shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income. 6. Audits & Insoections All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Comptroller General ofthe United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits and OMB Circular A-B3. EXHIBIT D Page 6 of 6 IV. PROJECT IMPLEMENTATION AND SCHEDULE Unless pre-approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below: Tasks / Milestone Start Date Completion Date Implement Project Activities Upon Notification from EDA Execute Supplemental Agreement & Notice to Incur Cost November 2006 November 2006 Submit Quarterly Performance Reports to County October 15,2006 July 31,2007 County Monitoring of City Prograrn/Performance Ongoing City Submits Reimbursement Requests Monthly Submittal 0 Other Schedule [g] TBD CDBG-funded Project Complete May 2008 V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS EXHIBIT E Page I of2 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 43200 Business Park Drive Temecula, CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, fiscal Services Manager SUBRECIPIENTNAME: Alternatives to Domestic Violence (ADV) ADDRESS: P.O. Box 910, Riverside, CA 92502 PROGRAM CONTACT: Eliza Daniely Woolfolk, Executive Director PHONE: (951) 694-6430 FAX: E-MAIL: PROJECT NAME: Cas" Of> P"". 0 7?f, PROJECT LOCATION: !IncH ".-1 n"pel fnr ('1; pnt Prntp.-ti nn LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $40.560 I ST District 2nd District 3 rd District $5,000 $10,0000 $5,000 4th District 5th District City Funding $0 $5,000 $4,000 Other Cities: $11, 560 Project to be administered by County (EDA) on behalf of CITY: YES IRI NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Casa De Paz in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will. include the following activities eligible under the Community Development Block Grant program: EXHIBIT E Page 2 of2 Activity #1 Casa De Paz will provide victims of domestic violence and their children access to emergency shelters and other resources. CDBG funds will be used for staff salarieslbenefits (direct service), counseling, space cost, utilities, transportation (to and from shelter), supplies, food and clothing. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: T .ow Mod T .imited Clientele Pre,"med CFR Reference: 570.208(a)(2)(i)(A) EXHIBIT F Page I of2 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 43200 Business Park Dr. Temecula, CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager SUB RECIPIENT NAME: CASA (Court Appointed Soecial Advocates) for Riverside County, Inc. ADDRESS: P.o. Box 3008, Indio.CA 92202 PROGRAM CONTACT: Marilynn Yeates, Executi ve Director PHONE: (951) 694-6430 FAX: E-MAIL: PROJECT NAME: CAS/\. Vnlllntf>",r R"'''rllitmf>nt 0 7?R PROJECT LOCATION: V",rinll" lnr",tiCln" thrnllghnl1t Rivpr"irlp rnllnty LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)) CDBO ELIGIBILITY CODE: 24 CFR 510.201 (e) Public Services PROJECT FUNDING SUMMARY: $37,000 ISTD' . Istnct 2nd District 3 rd District $5,000 $15,000 $0 4th District 5th District City Funding $10,000 $5,000 $2,000 Project to be administered by County (EDA) on behalf of CITY: YES IRI NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the CASA Volunteer Recruitment in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: EXHIBIT F Page 2 of2 Activity #1 CASA is an independent organization providing volunteers for children that are in the court system due to abuse, delinquency, or neglect. CASA provides a consistent and supportive adult so that each child has an advocate to ensure compliance with court orders, as well as, court records,fiIes, and school records. CDBG funds will be used to pay costs necessary to recruit and train 15 new volunteers. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: J .ow Mod J ,imited C.lientele Pr"~nmed CFR Reference: 570.20g(a)(2)(i)(A) EXHIBIT G Page I of2 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 43200 Business Park Dr. Temecula, CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager SUBRECIPIENTNAME: American Red Cross Riverside County Chapter ADDRESS: P.O. Box 55040, Riverside.CA 92517 PROGRAM CONTACT: Pamela A. Anderson, CEO FAX: PROJECT NAME: F.mp.rgp.nr.y Sp.rvir.ps Provision Projp.r.t. 0 71') PROJECT LOCATION: V",r;nll" T,nr.;,t;nn" thrnllghnllt R;vpr"ir!p ('nllnty LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $23.337 I ST District 2nd District 3rd District $5,000 $0 $0 4th District 5th District City Funding $10,000 $5,000 $3,337 Project to be administered by County (EDA) on behalf of CITY: YES IRI NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Emergency Services Provision Project in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: EXHIBIT G Page 2 of2 Activity #1 Red Cross provides direct emergency assistance to individuals and families that are victims of such disasters as, residential fires, floods, etc. CDBG funds will be used for emergency shelter, food, c1othing/household items, hygiene products, crisis counseling, and medical supplies. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: I,ow Mod I.imited rlientele Income rertifi"ation CFR Reference: 570.208 (a)(2)(i)(B) EXHIBIT H Page 1 of2 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 43200 Business Park Dr. Temecu1a, CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager SUBRECIPIENT NAME: Temecula Senior Ci ti zens Service Center ADDRESS: 41538 Eastman Drive, Murrieta,CA 92562 PROGRAM CONTACT: Buel F. Pettit, Board Chairman FAX: PROJECT NAME: F.mo>rqo>nr.y Fnnrl anrl Stnrrlqo>. 0 741 PROJECT LOCATION: 4''i1R !':;o<:tm;on Or;vp Mllrr;pt;o ('/\ 'P'ih? LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $14.000 ISTD' . Istn ct 2nd District 3rd District $0 $0 $5,000 4th District 5th District City Funding $0 $0 $9,000 Project to be administered by County (EDA) on behalf of CITY: YES IRI NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Emergency Food and Storage in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: EXHIBIT H Page 2 of2 Activity #1 Emergency Food and Storage addresses the basic needs of needy low-income individuals of the Greater Murrieta-Temecula Valley. Services include emergency food, utility assistance, general health care products, and other essential needs. CDBG funds will be used for supplies, vouchers, utility costs, and other operational expenses. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: I.ow Mod r.1ientel" Income r.ertification CFR Reference: 570.208 (a) (2) (i) (B) EXHIBIT I Page I of2 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 43200 Business Park Dr. Temecula, CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager SUBRECIPIENTNAME: Assistance League of Temecu1a Valley ADDRESS: 28720 Via Montezuma, Temecula.CA 92590 PROGRAM CONTACT: Lyn Metzler, President FAX: PROJECT NAME: Opp.rrit;on Sr.hool Rp.ll - 'T'p.mp.r.1l1ri Vrillf'Y. 0 744 PROJECT LOCATION: ~1 pmpntriry C;,..hnnl " LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)] CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $29.982 1sT Distri ct 2nd District 3rd District $0 $0 $5,000 4thD' . Istrlct 5th District City Funding $0 $0 $10,000 Other Cities $14,982 Project to be administered by County (EDA) on behalf of CITY: YES IRI NO 0 II. SCOPE OF SERVICE A. ~ctivities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Operation School Bell- Temecula Valley in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: EXHIBIT I Page 2 of2 Activity #1 The Operation School Bell Program will provide clothes and school supplies to children of low-income families in the Temecula Valley Unified School Districts. CDBG funds will be used to purchase clothing, backpacks, and school supplies. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: I,ow Mod I imited Clientele Income Certification CFR Reference: 570.208 (a) (2) (i) (B) EXHIBIT J Page 1 of2 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 43200 Business Park Dr. Temecula, CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager SUBRECIPIENT NAME: Vineyard of the New Wine Church of God ADDRESS: P.o. Box 218, Temecula.CA 92593 PROGRAM CONTACT: Terri Keim, Director FAX: PROJECT NAME: C;rr:lp of Care. 074h PROJECT LOCATION: ?7hl<; 0;;07 Rei :fl:R 'T'pmp(",111;=1 rn q?SqO LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $11.000 I ST District 2nd District 3rd District $0 $0 $5,000 4th District 5th District City Funding $0 $0 $6,000 Project to be administered by County (EDA) on behalf of CITY: YES IRI NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for the Circle of Care in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program wiil include the following activities eligible under the Community Development Block Grant program: EXHIBIT J Page 2 of2 Activity #1 Vineyard of the New Vine Circle of Care assists low-income persons with groceries, clothing and household items. CDBG funds will be used for supplies and operational expenses. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: f .ow Mod f .imited (Clientele fncome (Certification CFR Reference: 570.208 (a)(2)(i) EXHIBIT K Page I of2 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 43200 Business Park Dr. Temecula, CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager SUBRECIPIENTNAME: Riverside Area Rape Crisis Center ADDRESS: 1485 Spruce Street, Suite C, Riverside.CA 92507 PROGRAM CONTACT: Larry McAdara, Executive Director PHONE: (951) 694-6430 FAX: E-MAIL: PROJECT NAME: Rap'" Pr",v",nt ion F:cJllC"t ion. 0 747 PROJECT LOCATION: Wpc;tprn rOl1nty (]nifipc! >;rhnnl nic;tri,..tc; LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT [24 CFR 58.34 (a)(4)) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $9.000 I ST District 2nd District 3'dD' . Istnct $0 $5,000 $0 4th District 5th District City Funding $0 $0 $4,000 Project to be administered by County (EDA) on behalf of CITY: YES IRI NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Cornmunity Development Block Grant for the Rape Prevention Education in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: EXHIBIT K Page 2 of2 Activity #1 The Rape Prevention Education program proactively educates young men between the ages of 14 and 18 in the prevention of violence against women. Target schools are those of student's from families identified as 51% Low- income. CDBG funds will be used for staff salarieslbenefits, space costs, rent, and program costs. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: T.ow Mocl T .imh..cl C1i..nt..l.. In com.. C...rtification CFR Reference: 570.208(a)(2)(i) EXHIBIT L Page I of2 SUPPLEMENTAL AGREEMENT SCOPE OF WORK - PUBLIC SERVICE I. GENERAL INFORMATION CITY NAME: City of Temecula ADDRESS: 43200 Business Park Dr. Temecula, CA 92590 CITY PROGRAM CONTACTS: Gus Papagolos, Fiscal Services Manager SUBRECIPIENTNAME: Boys & Girls Clubs of Southwest County ADDRESS: P.O. Box 892349, Temecula. CA 92589 PROGRAM CONTACT: Kathleen Smith, Director of Finance FAX: PROJECT NAME: Thp T.parning (:onnp,",tion. 0 749 PROJECT LOCATION: 40'1'10 (';01 O;okc; Rei Mllrript;o (:1\ 9?'ifi? LEVEL OF ENVIRONMENTAL CLEARANCE: EXEMPT (24 CFR58.34 (a)(4)) CDBG ELIGIBILITY CODE: 24 CFR 570.201 (e) Public Services PROJECT FUNDING SUMMARY: $41.228 1 ST District 2nd District 3 ,d District $0 $0 $5,000 4th District 5'h District City Funding $0 $0 $10,000 Other Cities $26,228 Project to be administered by County (EDA) on behalf of CITY: YES IRI NO 0 II. SCOPE OF SERVICE A. Activities City will be responsible for administering a 2006-2007 Community Development Block Grant for The Learning Connection in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program: EXHIBIT L Page 2 of2 Activity # I The Boys & Girls Club of Southwest Riverside County provides before and after school programs to underserved youth in Southwest Riverside County. CDBG funds will be used for program scholarships for eligible youth grades 1-8 in Southwest Riverside County. B. National Objective All activities funded with CDBG funds must comply with one of more of the CDBG program's National Objective Criteria as required under 24 CFR 570.200(a)(2). CITY certifies that the activity (ies) carried out under this Agreement will meet the following National Objective: National Objective Criteria: I llW Mod I imitp.d Clientele Income Cp.rtification CFR Reference: 570.208 (aX2)(i) C. Levels of Accomplishment - Goals and Performance Measures '. . I 7 ( ) () Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: January 24, 2006 SUBJECT: Community Development Block Grant Application Proposals for FY 2006/07 PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Approve the Community Development Block Grant (CDBG) funding recommendation from the Finance Committee and staff. 2. Authorize the Director 0 f Finance to execute Sub-Recipient Agreements and to reprogram CDBG funds in accordance with the current budget resolution for general administration of the Fiscal Year 2006-07 Community Development Block Grant Funds. BACKGROUND: The CDBG program is a federal grant program administered by the Department of Housing and Urban Development (HUD) in which funding is allocated to the City annually through the Economic Development Agency (EDA) of Riverside County. The application requests were reviewed for eligibility for CDBG funding by our program representative at the EDA and all of the applications are eligible for funding. In order for a project to be considered for funding, it must meet one of the following national goals: 1. The activity benefits 51 percent low/moderate income persons; or, 2. The activity aids in the prevention or elimination of slums or blight; or, 3. The activity meets an emergent CO,mmunity development need. A total of ten (10) applications were submitted to the City for consideration and all were determined to be eligible for CDBG funding. The City's allocation for FY 06/07 is anticipated to be $492,252. CDBG regulations impose a 1 5 percent cap from the total allocation for Public Services. The Finance Committee is recommending a total expenditure of $73,837 for Public Services, which is within the 15% cap and the balanceof$418,415 isforpublicfacilities and , () C) capital improvement projects (refer to the table on the following page). > FY 06/07 CDSG ALLOCATION FUNDING CATEGORY FUNDING . ALLOCATION 2006-07 COSG Allocation - estimate $492,252 Less Public Services (15% CAP) -73,837 Project Funding available for Public Facilities/Infrastructure $418,415 Due to the possibility that the City's allocation may be reduced, it is recommended that all projects be reduced equally, according to the percentage in allocation reduction. All projects are subject to final approval at a future Riverside County Soard of Supervisors meeting. The EDA will submit a supplemental agreement to the City identifying the projects approved for funding in July 2006. Also. for general information this FY 2006/2007 CDSG funding cycle begins the first year of a three-year cooperation agreement with the County EDA. At the term of this agreement the City will review the benefits for application of entitlement status with HUD. The Finance Committee composed of Council member's Mike Naggar, and Maryann Edwards, met on December 13, 2005 and after thorough review, are proposing CDSG funding for ten (10) public service organizations and two (2) City capital projects as described in the attachment. It is further noted that COSG funding for the Volunteer Center of Riverside County, 211 program, is not recommended by the Finance Committee and that funding for this program will be considered during the City annual operating budget review. FISCAL IMPACT: The COSG funds allocated to outside agencies have no impact on the City, other than staff time needed to administer program requirements. ATTACHMENTS: ,1. Finance Committee Recommendations 2. FY 06/07 COSG Applications Funding Summary (Available Upon Request) , ,. t / ..', ) ( ) l , -; , FINANCE COMMITTEE FUNDING RECOMMENDATIONS Prior Year Public Services Award Funding Requested Finance Committee Funding Recommendation Alternatives to Domestic Violence (ADV) $10,000 $69,222 $5,000 Operation School Bell 11,000 15,000 11,000 Boys & Girls Club of Temecula 11,000 30,000 11,000 Court Appointed Special Advocates 2,000 12,000 2,000 Rape Crisis Center 4,000 5,000 5,000 Safe Alternative For Everyone 8,000 15,000 13,000 Emergency Food Aid 10,000 10,000 10,000 Circle of Care 7,500 22,380 7,500 YMCA 4,773 10,000 5,000 American Red Cross 4,000 10,000 4,337 Volunteer Center of Riverside County 0 15,123 0 Total Public Services Projects (15% Cap = $72.273 $213.734 $73.837 73.8371 Non-Public Service Projects Prior Year City Facility Award Funding Requested Finance Committee Funding Recommendation Old Town Gym $209,990 0 Temecula Community Center Expansion $209,989 $268,415 $268,415 Sam Hicks Monument Park 0 $150,000 $150,000 $419.979 $418.415 $418.415 Total Non-Public Service Grand Total $492.252 $632.149 $492.252 (Total projected COBG Allocation = $492,252) ITEM NO.6 Approvals City Attorney Director of Finance City Manager V IJI!.. au..- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: November 28, 2006 SUBJECT: Parcel Map 33405, Located at the North West Corner of Dendy Parkway and Diaz Road PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer - Land Development RECOMMENDATION: That the City Council approve 1) Parcel Map No. 33405 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement, and 3) Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Parcel Map No. 33405 is a ten (10) parcel subdivision located at the north west corner of Dendy Parkway and Diaz Road. The map contains ten (10) parcels for a combined education center, commercial and residential project. Certain street improvements associated with the development of this map are required. The survey monuments are required to be set. On June 28, 2005, the City of Temecula Planning Commission approved Tentative Parcel Map 33405, with the appropriate Conditions of Approval. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1) Development Fee Checklist 2) Fees & Securities Report 3) Project Vicinity Map 4) Parcel Map 33405 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 33405 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) To Be Paid. Development Impact Fee Not Paid. This fee will be collected prior to issuance of building permits. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 33405 DATE: November 28,2006 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 382,500.00 $ 191,250.00 Water $ 0 $ 0 Sewer $ 0 $ 0 TOTAL $ 382,500.00 $ 191,250.00 Monumentation $ 20,500.00 - DEVELOPMENT FEES RCFC&WCD (ADP) Fee $ *TBP Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 291.00 Fire Fee $ 206.00 TCSD Fee $ 141.00 Plan Check Fee $ 3,395.00 Monumentation Inspection Fee $ 1,025.00 Fees Paid to Date $ 5,058.00 Balance of Fees Due $ 0.00 *To Be Determined ~ ~ >- enwa... OCOW>Of- I')~a...a::: -"'......=>z . . a... en f'-."" .... ~~8ci~ en 10 f'-. Z f- ~ 5~;;;"".!Q.U ON 10 ~ ~ en "'--" (QI~$ .l9P'Sl~lpl ,,~e'ef:.SO.SO N DOUGLAS AVE. ,,--.... Q - >- ~ enwa... N~lf~~ *1O....:JZ . . a... en.... """"0 . 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"l<"~;:: ~ I~!~~ ~ ~ -~~~~~ c::;\..... - ~ .~~; - -cr ~ I..........~ __ -----:-3""0 ~~ ... 2; ..J - "';><'9~9i'N> o::\6"L6L I 0 <, \9Y-"1 "oc,g;:,~ <,\ooz~~ ~;\',91'.9\W ,60L6 (,91.J&lt.1";&:W.go...'Q" {,~,~ll~ l~'" 91 Q ,00 .H"19~~' e w ~ s: ~ ~ ~ u ~ ~ '30~\ld ~1'M~ --- - Q\lm! Z\110 '1 o~ \I 10, rf'. !i { < ~ 8 ~ ""'S'o Q mi' 8 I~~!! 5{ l!lU~~ l!l ~ .l~.l. "N'~" ~~!'~.~ ': '~2 Ii :1' '-i~"'~ ie:t; _3e; ~ o ~ EJ---.; ,IF(}l ,(9'1001 t -w 0 / 91191' 'ON eM'( 73:>>Jlfd 131 / ._--~~ / / ~/ gL/9 'S'Wd ~ ITEM NO.7 Approvals City Attorney Director of Finance City Manager ~ IJ~ Qo..." CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: November 28, 2006 SUBJECT: Intention to Vacate a Portion of a Ynez Road south of Equity Drive 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 OF NOTICE OF INTENTION TO VACATE A PORTION OF YNEZ ROAD LOCATED SOUTHERLY OF THE INTERSECTION OF YNEZ ROAD AND EQUITY DRIVE IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON ATTACHED EXHIBITS AND SETTING A PUBLIC HEARING ON THE VACATION BACKGROUND: On October 28,2003 the City Council approved Tract Map No. 29639- 2 as part of the Harveston Specific Plan, including acceptance of dedicated right-of-way for the re- alignment ofYnez Road south of Equity Lane. The re-alignment of approximately 800 lineal feet of Ynez Road at this location was necessary to allow forthe proposed intersection ofYnez Road atthe extension of Date Street. Construction of the re-aligned road has been completed and is currently open for public use. On September 6, 2006 the underlying fee owner of the old Ynez Road alignment, Winchester Hills I LLC, submitted a formal request petitioning the City to vacate the remainder portion to the underlying owners. Staff has determined that the old alignment is no longer necessary for roadway purposes and therefore recommends vacating the remainder portion ofYnez Road as depicted on the attached Exhibits "A" and "B". Necessary access to public utility, service, and drainage facilities for the purposes of constructing, placing, operating, inspecting, maintaining, repairing, replacing, and removing such aerial and underground facilities will be provided by reserving easements for these purposes as provided under Section 8330 of the Streets and Highways Code. Pursuantto the requirements of the Streets and Highways Code, the City may vacate its interests in identified public right-of-way if the City finds that such a vacation conforms to the General Plan; that the street in question is no longer necessary for present or prospective public use due to having minimal affect on the circulation element, and not denying access to any parcels. The Planning Commission has considered the General Plan and finds that the proposed vacation is consistent with the General Plan in that the existing grid street pattern surrounding the site provides adequate circulation without the street portion. The portion of Ynez Road to be vacated is described and depicted on Exhibits "A" and "8" which are attached to this report. With the adoption of Resolution 06- , the City Council sets a public hearing to be held on January 9,2006, at 7:00 p.m. in the Council Chambers at Temecula City Hall. At the public hearing, any and all interested persons may present evidence or object to the proposed vacation. In addition, the adoption of the resolution directs the Director of Public Works to cause to be posted conspicuously along the portion of Ynez Road proposed to be vacated, at least 14 days before the date set for hearing, notices of the proposed vacations, and the time and place of the public hearing. Such notices shall be posted no more than 300 feet apart and at least three such notices shall be posted in the manner set forth in Streets & Highways Code Section 8323. FISCAL IMPACT: None ATTACHMENTS: Resolution 06-_ with Exhibits "A" and "8" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF NOTICE OF INTENTION TO VACATE A PORTION OF YNEZ ROAD LOCATED SOUTHERLY OF THE INTERSECTION OF YNEZ ROAD AND EQUITY DRIVE IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON ATTACHED EXHIBITS AND SETTING A PUBLIC HEARING ON THE VACATION THE CITY COUNCil OF THE CITY OF TEMECUlA DOES RESOLVE, DETERMINE AND ORDER AS FOllOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare in response to petition by the underlying fee owner, its intention pursuant to Chapter 3, Part 3, Division 9, commencing at Section 8300 of the Streets and Highways Code to vacate a portion of Ynez Road located southerly of Equity Drive and more specifically described as Exhibit "A" and depicted on Exhibit "B", all said Exhibits which are attached hereto and incorporated herein by this reference; Section 2. Necessary access to public utility, service, and drainage facilities for the purposes of constructing, placing, operating, inspecting, maintaining, repairing, replacing, and removing such aerial and underground facilities will be provided by reserving easements and excepting from the proposed vacation of said portion of street portion for these purposes as provided under Section 8330 of the Streets and Highways Code. Section 3. The Planning Commission has considered the General Plan and finds that the vacation of said portion of Ynez Road is consistent with The General Plan adopted by the City ofTemecula on ApriI1ih'2005. Section 4. It can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment and thus this decision is not subject to the provisions of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b). Section 5. Notwithstanding the foregoing, and in addition to the foregoing, the proposed street vacation of such portions of right-of-way is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15305. Section 6. The City Council hereby sets a public hearing on the vacation of the said portion of Ynez Road for January 9, 2007 at 7:00 p.m., or as soon hereafter as the matter may be heard, at the City Council Chambers, 43200 Business Park Drive, Temecula, for the purpose of hearing evidence from interested person on the proposed vacation. The date of the public hearing shall not be less than 15 days from the date of this Resolution. Section 7. The City Clerk is hereby authorized and directed to publish a "Notice of Public Hearing" in a newspaper of general circulation within the City of Temecula and shall be published twice in two (2) successive weeks prior to the hearing pursuant to Section 8322 of the Streets & Highways Code. The notice of public hearing shall contain the information set forth in the text of this Resolution. Section 8. No less than 14 days prior to the public hearing on the vacation, the Director of Public Works shall post conspicuously notices of the public hearing on the vacation of the Street along the line of the Street proposed to be vacated. The notices shall be posted not more than 300 feet apart, but a least three notices shall be posted. The notices posted shall contain the information set forth in the text of this Resolution. Section 9. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 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. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of November, 2006, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RBF CONSULTING 40810 County Center Drive, Suite 100 Temecula, CA 92591 October 2, 2006 IN 15101075-M04 Page 1 of 1 EXHIBIT "A" YNEZ ROAD STREET VACATION That certain parcel of land situated in the City of T emecula, County of Riverside, State of California, being that portion of Lot 50 of Tract No. 29639-2 filed in Book 345, Pages 1 through 19 of Maps in the Office of the County Recorder of said County of Riverside, shown as being an easement for public road and public utility purposes in favor of the City ofTemecula per Parcel Map No. 19677 filed in Book 135, Pages 85 and 86 of Parcel Maps in the office of said County Recorder, described as a whole as follows: BEGINNING at the most easterly corner of said Lot 50; thence along the southeasterly line of said Lot 50 South 30007'24" West 401.59 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1625.00 feet; thence continuing along said southeasterly line and along said curve southwesterly 403.88 feet through a central angle of 14014'26" to the non-tangent intersection with the easterly line of Ynez Road (110.00 feet wide) as shown on said Tract No. 29639-2; thence along said easterly line of Ynez Road North 11023'13" East 466.77 feet; thence North 30007'24" East 359.29 feet to the northerly line of said Lot 50; thence along said northerly line South 59052'36" East 100.00 feet to the POINT OF BEGINNING. CONTAINING: 1.231 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. H:\PDA TA\1510 1 075\Admin\Iegals\1075Ig1004.doc 150 150 300 450 I I I I .>.. I GRAPHIC SCALE ~ 0 ... ~~ t-3 ji" CJ ... @ ~ ~ c~ . ~ ~ ~ ~ ~~ ... (l) ..'.. IS co ~ EXHIBIT 60' ~ t ~\ ~\ \ \ ~ , "L , \ 'B' STREET VACATION OCTOBER 2, 2006 g ,Lu .C!i "- .0 Ii? <: . l(] Ol !!l <D EQUITY DlU~ P.O.B. . Ol It) o ... 6; 1 ,~ f8 ~.... ~ ;... -- C'O .0 -:-l -. Ii? i( lZi CIl ~ 0.,' DATA TABLE BEARING/DELTA RADIUS S86"36'01"E 26"43'25" 300.00' S30"07'24"W S59"52'36"E @) 1 2 3 4 LENGTH 55.12' 139.92' 39.00' 100.00' 18 ~ ..J .... 10 I'J .... C\/ <p, e <::' ~. -- a. g I2 ~ ~ & .>- . \I .>- 'b_ E ~ ~ .., '" ~ ~ ~ ,..Jj;j i(/il Of ~ o ~ N7,," -Z07' (ry; Qg"W ~ o .. o o x w ~ iO ;;- f!! in '" x ~ '" z PLANNING . DESIGN . CONSTRUCTION 8: "' ~ o '" "' ~ ~ iO 1; '" ;;- ;! "' o ~ i' SHEET 1 OF 1 SHEET . 40810 COUi'lTY CENTER DRIVE, SUITE 100 lEMECULA. CAUFORNIA 92591-6022 909.676.8042 . FAX 909.676.7240 . wwwRBF.com . . CONSULTING SCALE 1"=150' JOB NO. 15101075-M4 ITEM NO.8 Approvals City Attorney Director of Finance City Manager ~f'"" /J~ (Ja.... CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: November 28, 2006 SUBJECT: Western Riverside County Freeway Strategic Study - Phase II PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Approve the Memorandum of Understanding (Agreement No. 07-31-052-00) between the Riverside County Transportation Commission (RCTC), the County of Riverside and the City of Temecula to fund the Western Riverside County Freeway Strategic Study - Phase II. 2. Approve an appropriation in the amount not to exceed $241,501 from General Fund Reserves for the City's 1/3,d participation in funding the study effort. 3. Authorize the City Manager to execute the final MOU. BACKGROUND: On June 14,2005 the City Council approved an MOU with RCTC and the County of Riverside to share one-half of the cost of preparing Phase I of the Western Riverside County Freeway Strategic Study with Parsons, Brinckerhoff, Quade and Douglas (PBQ&D). The purpose of the study was to assess the congestion impacts of growth and new development on the current freeway system (Routes 60, 91 and Interstates 10, 15 & 215 in Western Riverside County; and the eastbound 91 to northbound Route 71 connector) and determine the feasibility of establishing a traffic impact fee to the address future funding needs. At its Commission meeting on July 12, 2006, RCTC was presented with the results and recommendations of the Phase I Western Riverside County Freeway Strategic Study report. In summary, the major findings of the Phase I report are as follows: o The study found that growth and development has a measurable impact on freeway capacity; and o By 2030 an additional 652 lane miles of freeway are needed in Western Riverside County. The cost of the improvements is estimated between $8 and $13 billion. Based on this information, RCTC approved the following recommendations: D Develop a comprehensive funding strategy to address how future freeway capacity needs for Western Riverside County can be delivered. D Request the City of Temecula and the County of Riverside to participate with RCTC on a 1/3'd share basis to fund the Phase II Western Riverside County Freeway Strategic Plan effort; and D Provide the Commission with a scope of services and cost proposal from PBQ&D for the development of Phase II of the Western Riverside County Freeway Strategic Study. On October 11 , 2006 RCTC awarded an Agreement with PBQ&D for the development of Phase II of the Western Riverside County Freeway Strategic Study in the amount of $724,504 which includes a contingency of $242,138. The larger contingency amount is due to the unknowns associated with identifying the issues and potential challenges associated with the proposed freeway-to-freeway interchange improvements, SR 91 capacity issues to Orange County, and the 1-215/60 Box Springs grade. The Commission also approved the MOU with the County of Riverside and CityofTemecula for their respective 1/3'd participation in funding the study effort (up to $241,501 each). The second phase of the study will quantify the freeway improvement needs and associated costs to address future freeway needs, more accurately identify current funding sources and funding shortfalls, and establish the nexus for a new freeway impact mitigation fee consistent with the requirements of the State of California Mitigation Fee Act. Attached for your review is the MOU with RCTC and the County of Riverside, the scope of services, project schedule, and cost of the Phase II Western Riverside County Strategic Freeway Study. The term of the Agreement shall be from the effective date until the Study is completed, or until April 30, 2008, whichever occurs first. FISCAL IMPACT: The total cost of the Phase II Western Riverside County Strategic Freeway Study is estimated at $724,504 to be shared equally by RCTC, the County of Riverside and RCTC. An appropriation of funds, in the amount of $241,501 from General Fund Reserves, is necessary to cover the City's 1/3'd share of costs with RCTC and the County of Riverside. ATTACHMENTS: 1. MOU (Agreement No. 07-31-052-00) with RCTC and the County of Riverside. 2. RCTC Staff Report (October 11, 2006). Agreement No. 07-31-052-00 MEMORANDUM OF UNDERSTANDING FOR THE FUNDING AND PREPARATION OF PHASE II OF THE FREEWAY STRATEGIC STUDY FOR THE WESTERN RIVERSIDE COUNTY AREA 1. Parties and Date. 1.1 This Memorandum of Understanding ("Agreement") is executed and entered into this _ day of , 2006, by and among the Riverside County Transportation Commission ("Commission"), the City of Temecula ("City") and the County of Riverside ("County"). Commission, City and County are sometimes referred to in this Agreement, individually as "Party" and collectively as the "Parties". 2. Recitals. 2.1 On April 12, 2005 City and County entered into that Cooperative Agreement Between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County (the "Cooperative Agreement") in settlement of City's challenge to County's adoption, on October 7, 2003, of the new County General Plan. 2.2 Pursuant to the terms of the Cooperative Agreement, City and County jointly agreed to fund the Freeway Strategic Study for the Western Riverside County area (the "Study"). 2.3 The Study includes an analysis of current freeway capacity, establishment of specific goals for developing increased freeway capacity in order to accommodate anticipated traffic from new housing development expected under the anticipated build-out of City and County general plans, and an assessment of current funding options, all for the Western Riverside County area. Additionally, a primary outcome of the Phase II study effort is the producing a nexus between development and a potential fee on development to support freeway improvements. 2.4 City and County desire to engage Commission to render such services for the Study, as set forth in this Agreement 2.5 Commission desires to perform and assume responsibility for the provision of the services for the Study, as set forth in this Agreement. 3. Terms. RVPUB\HA VN A.SHANE\694081.2 1 3.1 Effective Date. This Agreement shall take effect on the date on which this Agreement is approved and executed by all of the Parties ("Effective Date"). 3,2 Term. The term of this Agreement shall be from the Effective Date until the date the Study is completed, or until April 30, 2008, whichever occurs first. 3.3 Description of Study. The Study shall include (i) an analysis of current freeway capacity; (ii) the establishment of specific goals for developing increased freeway capacity in order to accommodate anticipated traffic from new housing development; and, (iii) the establishment of a framework for cooperation amongst City, County and other federal, state and local agencies in funding the development of additional freeway capacity, all for the Western Riverside County area. 3.4 Commission's Responsibilities. 3.4.1 Services. Commission shall furnish, or shall cause to be furnished, the technical and professional services, including labor, material, equipment, transportation, supervision and expertise, and incidental and customary work necessary to fully and adequately supply the services necessary to complete the Study ("Services"). The Study and the Services are more fully described in Exhibit "A" attached hereto and incorporated herein by reference. 3.4.1.1 City and County may request, in writing, the provision of services in additional to those Services described in Exhibit "A". Changes or additions to the Services are subject to the approval of Commission's Representative, which approval shall not be unreasonably withheld. Any change or addition to the Services may require a revision to the Total Compensation, as set forth in Section 3.5.1. 3.4.2 Invoicinq. Commission shall submit a monthly invoice statement to City and County, each for one-third of the total amount due, which indicates the work completed by Commission and its consultants in support of the Study. 3.4.3 Monthly Meetinqs. Following commencement of the Services, as described in Section 3.6, a member of Commission's staff shall meet monthly with City and County to discuss the progress of the Services, and other matters related to the Study. 3.5 City's and County's Responsibilities. 3,5.1 Fundinq of the Study. City and County hereby agree to reimburse Commission for its staff and consultant costs incurred to complete the Study 3.5.2 Payment of Compensation. City and County shall pay all invoices submitted by Commission to City and County, as described in Section 3.4.2, within thirty (30) days of the date the invoice is deemed given under Section 3.16 of this RVPUBIHA VN A.SHANE\694081.2 2 Agreement. City and County shall each be jointly and severally liable for the total amount due to Commission. 3.5.3 Execution of Joint Request. City and County shall execute the Joint Request for Commission to commence the Services for the Study. 3.6 Commencement of Services. Commission shall commence the Services for the Study following receipt, by Commission, of the Joint Request. 3.7 Schedule of Services. Commission shall take all reasonable steps to complete the Study within ten (10) mOl1ths following receipt of the Joint Request, unless otherwise agreed upon, in writing, by the Parties. 3.8 Party Representatives. 3.8.1 Commission's Representative. Commission's Executive Director, or his or her designee, shall serve as Commission's Representative and shall have the authority to act on behalf of Commission for all purposes under this Agreement. 3.8.2 Citv's Representative. City hereby designates the City Manager, or his designee as City's Representative to Commission. City's Representative shall have the authority to act on behalf of City for all purposes under this Agreement. City's Representative shall work closely and cooperate fully with Commission's Representative. 3.8.3 County's Representative. County hereby designates the or his designee as County's Representative to Commission. County's Representative shall have the authority to act on behalf of County for all purposes under. this Agreement. County's Representative shall work closely and cooperate fully with Commission's Representative. 3.9 Termination. 3.9.1 Termination by Commission; Notice. Commission may, by written notice to City and County, terminate this Agreement for cause in whole or in part at any time, by giving written notice to City and County of such termination and specifying the effective date thereof. 3.9.2 Termination by City or County; Notice. City or County may, by written notice to Commission signed by both City and County, terminate this Agreement for cause in whole or in party at any time, by giving written notice to Commission of such termination and specifying the effective date thereof. Upon receipt of a written notice of termination signed by both City and County, Commission shall cease expenditure of funds on the Study. RVPUBIHA VN A.SHANE\694081.2 3 3.9.3 Commission's Obliqations Upon Termination. Upon termination of this Agreement, Commission shall provide to City and County copies of all materials, documents, research, and data produced by Commission, or under Commission's direction, for the Study. 3.9.4 City and County Obliqations Upon Termination. City and County shall reimburse Commission for all Services completed, and for all costs incurred by Commission, up to the effective date of the termination, as set forth in the final invoice submitted to City and County by Commission. 3,10 Copies of Materials. Each Party shall have the right to inspect and to obtain for its record copies of all records and materials which may be prepared by the other Party under this Agreement. 3.11 Indemnification. 3.11.1 City's Indemnification Responsibilities. City agrees to indemnify and hold harmless County and Commission, their officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement, due to negligent acts, errors OJ omissions or willful misconduct of City, or any of its officers, agents, consultants, and employees. City will reimburse County and/or Commission for any expenditures, including reasonable attorneys' fees, incurred by County and/or Commission, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of City or any of its officers, agents, consultants, and employees. 3.11.2 County's Indemnification Responsibilities. County agrees to indemnify and hold harmless City and Commission, their officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement, due to negligent acts, errors or omissions or willful misconduct of County, or any of its officers, agents, consultants, and employees. County will reimburse City and/or Commission for any expenditures, including reasonable attorneys' fees, incurred by City and/or Commission, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of County or any of its officers, agents, consultants, and employees. 3.11.3 Commission's Indemnification Responsibilities. Commission agrees to indemnify and hold harmless City, County and their officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement, due to negligent acts, errors or omissions or willful misconduct of Commission, or its officers, agents, consultants and employees. Commission will reimburse City and/or County for any expenditures, RVPUB\HA VN A.SHANE\694081.2 4 including reasonable attorney's fees, incurred by City and/or County, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of Commission, its officers, agents, consultants and employees.. 3,12 ProQress Reports. City and/or County may request Commission to inform City and County of delays in the Study and provide City and County with progress reports. 3.13 Governinq Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in County of Riverside. 3.14 Attornevs' Fees. If any Party commences an action against any other Party arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs of suit. 3.15 HeadinQs. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.16 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: City of T emecula P.O. Box 9033 43200 Business Park Drive Temecula, California 92589-9033 ATTN: City Manager County of Riverside County Administrative Center 4080 Lemon Street Riverside, California 92501 A TTN: Transportation Land Management Agency Director Riverside County Transportation Commission 4080 Lemon Street, 3'd Floor Riverside, California 92501 A TTN: Executive Director Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. RVPUBIHA VN A.SHANE\694081.2 5 3.17 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 3.18 Entire Aareement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 3.19 Validitv of AQreement. The invalidity in whole or in parr of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 3,20 Independent Contractors. Any person or entities retained by Commission or any consultant shall be retained on an independent contractor basis and shall not be employees of City or County. Any personnel performing the Services, or any work on the Study shall at all times be under the exclusive direction and control of Commission or a co'nsultant retained by Commission, whichever is applicable. Commission or consultant shall pay all wages, salaries and other amounts due such personnel in connection with their performance of the Services or any work on the Study and as required by law. Commission or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. [signatures on the following page] RVPUB\HA VN A.SHANE\694081.2 6 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING CITY OF TEMECULA COUNTY OF RIVERSIDE By: By: Ron Roberts Mayor Chairman, Bob Buster Board of Supervisors APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Peter M. Thorson, City Attorney County Counsel RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Marion Ashley, Chairman APPROVED AS TO FORM: By: Legal Counsel RVPUBIHA VN A.SHANE\694081.2 7 EXHIBIT "A" DESCRIPTION OF SERVICES AND COSTS PBQ&D WESTERN COUNTY FREEWAY STRATEGIC STUDY SCOPE & COST (SEE ATTACHMENT TO ITEM #10 - October 11, 2006 COMMISSION AGENDA) RVPUB\11A VN A.SHANE\694081.2 Exhibit "A" Freeway Strategic Study Phase II Work Outline This wo,k outline summarizes the technical services recommended by PB to support RCTC during the development ot a Freeway strategic Plan. The primary purpose ot the study is to develop an integrated strategy to address future freeway infrastructure needs. A key element of this strategy is consideration of a deveiopment impact fee program to mitigate the cumulative regional impact of new development on the freeway system in Western Riverside County. Key tasks associated with Phase II of the Freeway Strategic Plan include: 1 . Refining the examination of current freeway capacities and deficiencies 2. Identifying feasible improvement options for meeting future freeway capacity needs 3. Preparing concept level improvement cost estimates 4. Identifying available funding opportunities and determining the approximate freeway improvement funding shortfall 5. Establishing a rational nexus and fair share fee for a f,eeway impact fee program 6. Preparing the Freeway Strategic Plan documentation Phase I of this study has determined the feasibility of establishing a traffic impact mitigation fee as part of a comprehensive package of funding opportunities to address future freeway needs. This second phase of the study will quantify in detail the freeway improvement needs and associated costs to address future freeway needs. more accurately identify current funding sources and funding shortfall, and establish the nexus for a new freeway traffic impact mitigation fee consistent with the requirements of the State of California Mitigation Fee Act thereby allowing the Commission to enact a fee should a fee be deemed necessary, The following work outline summarizes the general elements recommended to complete Phose II of the Freeway Strategic Plan. The outline includes the development of conceptual plans that will be necessary to better assess project feasibility and refine cost estimates. While the relative magnitude of future freeway needs can be reasonably determined ot a planning level, completion of these conceptual plans establish a more accurate assessment of future funding needs os the basis for developing a Freeway Strategic Plan. The task budget proposes completing conceptual engineering for a limited number of locations (with actual locations to be determined based on where information is not available f,om other study efforts) to support Phase II. The task budget also established a contingency that could be utilized to complete conceptual engineering for additionollocations should this information be deemed necessary. PARSONS BRINCKERHOFF REVISED: OCTOBER 2, 2006 Task 1: Project Coordination, Meeting and Presentations Objective: Coordinate the exchange at technical information and facilitate decision- making on the specific elements of the F,eeway Strategic Pian between the participating jurisdictions and within the RCTC Committee structure. Products: 1. Regular progress meetings with RCTC technicol staff and the study's Advisory Group 2. Presentation of final Phase II resuits to the appropriote RCTC Committee and Commission Activities: 1. Participate in regular Technical Staff and Advisory Group meetings to report study progress and to support the technical aspects of the study 2. Develop PowerPoint presentations to facilitate the presentation of technical information. study findings and recommendations to the various relevant RCTC committees Task 2: Freeway Capacities and Deficiencies Objective: Exomine current and future freeway capacities and identify freeway system deficiencies Products: 1. Table of existing freeway volume to capacity ratios and levels of service 2. Table of future freeway volume to capacity ratios and levels of service for various alternative improvement strategies 3. Recommended list of future freeway capacity needs Activities: 1. Update and tabulate existing freeway traffic count data from available sources based on information deveioped as port of Phase I 2. In cooperation with RCTC (or SCAG), obtain, review and validate the most current version of the regional travel demand model developed for Riverside County as the basis for evaluating future freeway system deficiencies 3. Prepare GIS-model graphics interface matrix for each model link node pair corresponding to each of the 119 study segments 4. Using the RCTC (or SCAG) model, evaluate four future year (2030) alternative network scenarios including a future baseline. future with TUMF arterial improvements, future with CETAP corridor improvements and future combined TUMF/CETAP scenario 5. Using the existing conditions data and future forecast data described previously, quantify existing and future freeway system deficiencies and capacity needs PARSONS BRINCKERHOFF 2 REVISED: OCTOBER 2, 2006 Task 3: Future Freeway Improvement Needs Objective: Identify feasible improvement options for meeting future freeway capacity needs Products: 1. Table of feasible future freeway improvement options 2. Concept level plans for future freeway improvement needs Activities: 1 . Based on future freeway system deficiencies determined as part of the previous task, identify future freeway capacity needed to meet demand 2. Review related RCTC study documents (including SR-91 MIS and Mid- County Parkway EIS) and assemble a summary of relevant project information 3. Complete a qualitative screening evaluation of various improvement options for meeting future freeway capacity needs, including freeway to freeway interchange locations 4. Obtain aerial photography at a suitable resolution (I ";500' or similar) to support preparation of conceptual plans 5. Develop concept level plans for future freeway capacity needs (including freeway to freeway interchanges) in select corridor locations not subject to detailed evaluation as part of a related RCTC study effort 6. Develop a table of conceptually feasible improvement options for meeting future freeway capacity needs Task 4: Project Cost Estimates Objective: Prepare concept level cost estimates for recommended freeway improvements Products: 1. Table of concept level cost estimates for freeway capacity improvements Activities: 1. Coordinate with RCTC and Caltrans staff to obtain appropriate unit cost standards as basis for developing conceptual cost estimates 2. Prepare concept level cost estimates for freeway improvement needs (including freeway to freeway interchanges) identified as part of the p,evious task PARSONS BRINCKERHOFF 3 REVISED: OCTOBER 2, 2006 Task 5: Funding Opportunities and Shortfall Objective: Determine anticipated funding levels from available funding opportunities as the basis for quantifying funding shortfall Products: 1. Table of anticipated future funding levels from available opportunities 2. Table quontifying anticipoted future freeway needs funding shortfall Activities: 1 . Review results of related RCTe initiatives (including revised Measure A revenue projection, public/private partnership examination), othe, local initiatives IWRCOG TUMF program) and state initiatives (November 2006 transportation bond issue) to quantify and determine anticipate levels of funding for future freeway projects 2. Compare anticipated funding levels with estimated project costs prepared as part of the previous task to determine potentiol funding shortfall 3. Summarize other potential opportunities for additional funding gene,ation based on future freeway capacity needs including development impact fees (to mitigate the impact of new development within Western Riverside County) and regional funding programs (to address the impact of pass th,ough trips on Western Riverside County as a result of economic activity and development occurring outside of Western Riverside County) Task 6: Freeway Impact Fee Nexus Determination Objective: Establish a rational nexus and fair share fee for a freeway impact fee program Products: 1. Technical memorandum establishing a rational nexus and fair share fee for a freeway impact fee program 2. Peer review of nexus findings Activities: 1. Coordinate with SCAG staff to obtain most current population and employment forecast information as basis for determining anticipated growth in Western Riverside County 2. Quantify the impact of future development on the freeway system in Western Riverside County based on the findings of previous tasks 3. Quantify the impact of existing needs and pass through trips on the freeway system in Western Riverside County building upon information developed as part of previous tasks. 4. Determine the share of future freeway improvement needs and associated costs attributable to the impact of new development in Western Riverside County 5. Calculate the fair share fee to mitigate the impact of new development on the freeway system in Western Riverside County 6, Summarize the finding of this task in 0 technicol memorandum 7. Conduct a peer review of the nexus study findings to verify consistency with state statutes and legal precedents PARSONS BRINCKERHOFF 4 REVISED: OCTOBER 2, 2006 Objective: Task 7: Strategic Plan Documentation Products: Activities: PARSONS BRINCKERHOFF Document the findings and recommendations of Phase II of the Freeway Strategic Plan 1. Study report documenting the findings and recommendations of this phase of the F,eeway Strategic Pian 1 , Document the findings of the study including future f,eeway improvement needs. estimated costs. funding opportunities, funding shortfall and recommended actions in a consolidated study report 2. Complete final revisions to the draft study report based on comments provided by the client agencies and other participating inte,ests 5 REVISED: OCTOBER 2, 2006 = w ~ c -" .. >- "C :> w v; "5 u "C ';;, W -" W u 1! '" v; u w ~ "e ~ .. w i!! .. ~ u '" ~ - f- f- " - f- f- 0 ~ . - f- ~ I- - - ~ I- - - . I- - L C , 0 " I- - ~ ~ - " - - . - ~ - N ~ C - .9 - - :E - c c . ~ 0 = = = = - = = ~ C .. . 13 c " 'u "0 E c c . I;; L L C W . 'E '" ~ ~ 'U z 0 .. 0 OJ 0 0 ~ 1; "" Q ~ c ~ (j 1; :a; ~ W ~ .'" ~ ~ 0 C E Q E 0 " , 0 E . ~ w " ~ 0 0 c " c ~ " '5 0 ~ 0 E .0 0 is w 0 0 c ." w E " -'< ,. c 0 u 8 .u ~ z .2 0 0 -E 0 z E 0. ~ . 0 0. ~ C U .. 0 0 '5. 0 ~ ; ." t " :0 e 0 II " 0 ~ .Ii " 0 ; 0 " t 0 0 a. 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(j > .., 0 > 0 .. '" . 0 ~ .... 0 0 " ~ ~ " E ~ w CJ " "' ~ w 0 0 ~ " 0 ~ " ~ 0 ~ " 0 CJ CJ 0 u ~ u " 0 "' . a ~ ~ ~ ~ a a 0 I'- I'- I'- ~ ~ ~ ~ ~ ~ o o ~ " . .0 o 1J o ;; ~ ~ ~ o .2 U ~5 c:;= o u :0::<( 0_ - 0 OJ ili.2 _.f; m(JJE ~Q}~Jt~ 1J ~ W W V> Q)"::: (l) 2 @ ~.~~~~ :=-'0 Q) E.2 Q) c;; 0 ~ .~ '6 E U"E uOE"'EE <( 0 0 0 ~UU2u &:g ~ ~ 5 (j).....t;.!!!a...:.= ~ilio-fj-o.g u g>.~ <( 5 00. <(:;::c>.",,,, -'lC-D-OCC o 0 w.2 .Q 2 ,1::: Task Level Budget - RCTC Freeway Stratgeic Plan, Phase II Parsons Brinckerhoff (PB) Revised: October 2, 2006 DIrect Labor Rate $64.00 $39.50 $62.00 $34.00 $32.00 $32.00 . ~ ~ . , , ~ . , ~ , ~ . <; ~ il. ;; staff Tille , . E , . , .. , , ::i . ~ .l:lii .. . , , 11 <; , <; .... . . ;;Q <; : U . ' , , , ~Q . ! :;; l ~c m m u~ l . , Q~ ~ ~ ~U ~ Task 0 - Project Administration 56 100 0 0 0 88 244 $10,350 Progress Reports/Invoices 20 36 72 128 $5.006 Project Management Plan 16 32 48 $2.288 Project Quality Control Audits 20 32 16 68 $3.056 Task 1 - Project Coordination, Meetings and Presentations 88 88 0 0 32 0 208 $10,132 Advisory Group Meetings 72 72 20 164 $8,092 Results Presentation 16 16 12 44 $2,040 Task 2 - Freeway CapacIties and Deficiencies 116 308 0 0 13' 0 560 $23,942 Inventory Freeway Characteristics 16 28 24 68 $2.898 Review and Validate Model 12 20 32 $1.558 GIS-Model Graphics Interface 16 52 8 76 $3.334 Evaluate Alternative Network Scenarios 44 168 72 284 $11]56 Quantify Freeway Deficiencies 28 40 32 100 $4.396 Task 3 _ Future Freeway Improvement Needs 10' 140 218 394 182 0 1.040 $45,050 Identify Freeway Capacity Needs 20 28 16 64 $2.898 Summarize Relevant Projecllnformation 12 24 20 56 $2.356 Qualitative Evaluation of Improvement Options 48 64 20 132 $6,240 Obtain Base Mapping for Concept Plans 4 4 4 40 52 $1,920 Develop Conceptual Engineering Plans 10 8 214 390 8' 708 $30.236 Tabula1e Concep1ually Feasible Improvement Options 12 16 28 $1.400 Task 4 - Project Cost Estimates 18 0 80 320 0 0 418 $16,992 Develop Unit Cost Standards 2 40 80 122 $5.32B Prepare Concept level Cast Estimates 16 40 240 296 $11.664 Task 5. Funding Opportunities and Shortfall . 76 116 0 0 40 0 232 $10,726 Review Curren1 Funding Initiatves 32 48 16 96 $4.456 Determine Poten1ial Funding Shortfall 24 36 12 72 $3,342 Summarize Potential Funding Opportunities/Needs 20 32 12 64 $2.928 Task 6 - Freeway Impact Fee Nexus: Determination 152 216 0 0 104 0 472 $21.588 Obtain Current Demographic Information 12 20 24 56 $2,326 Quantify Impact of Future Development on Freeways 24 40 16 80 $3,628 Quantify Existing Needs and Pass Through Trips 24 56 16 96 $4,260 Determine Share of Needs Attributable to Growth 12 20 12 44 $1.942 Calculate Fair Share Fee 28 16 16 60 $2,936 Prepare Technical Memorandum 40 48 20 108 $5,096 Conducl Peer Review 12 16 28 $1.400 Task 7 . Strategic Plan Documentation 64 72 0 0 42 0 178 $8,284 Document Findings in Draft Study Report 40 44 30 114 $5,258 Complete Final Revisions to Study Report 24 28 12 64 $3.026 Total Hours .76 1,040 298 714 53. 88 3,352 Total Labor $147,064 Fringe + Overhead (164%) $241,185 Labor + Fringe + Overhead $388,249 Fixed Fee (12%) $4',590 Direct Costs Peer Review $12.000 Aerial Photography IBase Mapping $11.000 Other Direct Costs $24.527 ConHngency $242,138 TOTAL CONTRACT COST $724.504 RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE: October 11, 2006 TO: Riverside County Transportation Commission FROM: Hideo Sugita, Deputy Executive Director THROUGH: Eric Haley, Executive Director SUBJECT: Western Riverside County Freeway Strategic Study Phase II STAFF RECOMMENDA TlON: This item is for the Commission to: 1) Award Agreement No. 07-31-051-00 to Parsons Brinckerhoff Quade and Douglas to perform the Western County Freeway Strategic Plan Phase II effort for $724,504, which includes a contingency of $242,138; 2) Approve Agreement No. 07-31-052-00 with the county of Riverside and the city of Temecula for their 1/3 participation in funding the study effort (up to $241,501 each); 3) Authorize the Chair, pursuant to legal counsel review, to execute the agreements on behalf of the Commission; and 4) Approve adjustments to the FY 2006/07 budget for a $483,002 increase in revenues and a $724,504 increase in expenditures. BACKGROUND INFORMA TION: At its July 12, 2006 meeting, the Commission received a presentation of the Phase I Western Riverside County Freeway Strategic Study report, findings and recommendations. The Phase I report performed a feasibility level review of the questions "does growth have an impact on freeway capacity? If so, what amount of that impact could be attributable to growth/new development?" In summary, the major findings of the Phase I report were: . The study found that growth does have a measurable impact on freeway capacity and the estimated share of its impact on the Western County freeway system was calculated to be in the range of 41 % to 44%. Agenda Item 10 . Analysis of the data output from the SCAG 2004 Regional Transportation Plan model demonstrates in the year 2030, an additional 652 lane miles of freeway capacity are needed in Western Riverside County to provide a Level of Service (LOS) E operating condition on freeways. Additionally, the report included an estimated range of cost for the improvements of $8.234 to $13.346 billion. This estimate is not a complete estimate of the potential costs of providing the future freeway capacity needs as the estimate does not fully account for the seven Western County freeway to freeway interchange improvements needed to support the projected freeway capacity improvements and the estimate only included very rough estimates of what may be required to address the Orange County/Riverside County SR 91 and 1-215/SR-60 Box Springs grade future capacity needs. The Commission received the report at the July 12, 2006 meeting and approved the following recommendations: . Direct staff to develop a comprehensive funding strategy to address how future freeway capacity needs for Western Riverside County can be delivered; the strategy will include but not be limited to the 2009 Measure A Delivery Plan development, the review and possible implementation of PubliclPrivate Partnerships (PPP), an updated Measure A revenue forecast, participation in the development of criteria for project selection by the California Transportation Commission (CTC) for the infrastructure bonds on the November 2006 ballot, and the development of information necessary to support the potential implementation of a development fee to support freeway improvements; . Request the city of Temecula and the county of Riverside to participate with the Commission on a 113 share basis to fund the Phase II Western County Freeway Strategic Plan effort. The estimated budget is $750,000; and . Direct staff to develop a scope of services and cost with Parsons Brinckerhoff, Quade and Douglas for the development of Phase II work for the Freeway Strategic Study and return to the Commission with the scope and cost proposal for consideration at the September 2006 Commission meeting. Attached are the proposed scope, schedule and cost of the Phase II Western County Strategic Freeway Study. The work will be coordinated with the Commission's on-going effort of developing a 10-Year Delivery Plan for the 2009 Measure A program, the Public/Private Partnership effort and the development of an updated Measure A revenue forecast. These efforts, along with knowledge of the November election outcomes (state infrastructure bond Propositions 1A and 1B and Orange County Transportation Authority's (OCTA) Agenda Ilem 10 Measure M extension) will provide a general basis for how the Commission crafts a comprehensive strategy to deliver future Western County freeway capacity needs. The proposed schedule for the study is approximately 12 months and the major components of the analysis work will be completed in approximately 9 months. The total proposed budget is $724,504, which includes a contingency of $242,138. The contingency proposed for this effort is large primarily due to the unknowns associated with identifying issues/challenges associated with delivering the freeway to freeway interchange improvements, SR 91 capacity issues to Orange County and the 1-215/60 Box Springs grade. Financial Information FY 2006/07 Amount: $724,504 Source of Funds: Western County Measure A Highway Budget Adjustment: Yes 222-31-41203 P3018 $483,002 (revenue) GLA No.: 222-31-81501 P3018 $724,504 (expenditure) Fiscal Procedures Approved: ~~ 10/04/06 Attachment: Freeway Strategic Study Phase II Work Outline Agenda Item 10 ITEM NO.9 Approvals City Attorney Director of Finance City Manager fIk<~ /JIZ (J(L.. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: November 28, 2006 SUBJECT: Removal and Replacement of Battery Backup System - Winchester Road (Hwy. 79 North) and Hwy. 79 South PREPARED BY: Ali Moghadam, Principal Engineer RECOMMENDATION: That the City Council: 1. Approve a Contract with DDL Traffic Inc. in the amount of $39,757.50 for removal and replacement of existing battery backup system on Winchester Road (HWY. 79 North) and Hwy. 79 South and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $3,975.75, which is equal to 10% of the contract amount. BACKGROUND: In February of 2005, Caltrans relinquished portions of Winchester Road (Hwy. 79 North) and Hwy. 79 South to the City. Since that time, the City has made several traffic related improvements such as removal and replacement of traffic signal controllers, updating the Engineering and Speed Surveys, implementing a more efficient traffic signal coordination timing and establishing parking restrictions. Although Caltrans used a completely different battery backup system, at the time the existing Caltrans battery backup system was not replaced due to budgetary constraints and the fact that the battery backup system was functional. However, maintaining two (2) different systems requires that we purchase and keep an inventory of two (2) manufactures products for replacement. We believe that replacing the Caltrans' current battery backup system will result in a cost savings to the City in the long run. We solicited and received three (3) bids for the cost of replacing all Caltrans battery backup systems at twelve locations. DDL Traffic Inc. of Chino Hills was the lowest bidder and was involved in the installation of the original battery backup system in 2001. This project will remove and replace the existing Caltrans battery backup system at twelve intersections on Winchester Road (Hwy. 79 North) and Hwy. 79 South, therefore, maintaining a consistent system throughout the City. FISCAL IMPACT: Adequate funds are available in the Public Works Department Traffic Division Traffic I mprovements Fiscal Year 2006-2007 Operating Budget Account No. 001-164-602- 5412. The total project cost is $43,733.25, which includes the contract amount of $39,757.50 plus 10% contingency amount of $3,975.75. ATTACHMENTS: Contract CITY OF TEMECULA CONTRACT AGREEMENT FOR REMOVAL and REPLACEMENT OF TRAFFIC SIGNAL BATTERY BACKUP SYSTEM WINCHESTER ROAD (HWY 79 NORTH) and HWY 79 SOUlli THIS CONSTRUCTION CONTRACT, made and entered into as of November 28, 2006 by and between the City of T emecula, and D D L Traffic Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Term. This Agreement shall commence on November 28,2006 and shall remain and continue in effect until November 28, 2007 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as ExhibitA. ('Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 3. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of Thirty Nine Thousand Seven Hundred Fifty Seven Dollars and Fifty Cents ($39,757.50) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibits A or B is null and void and not part of this Agreement. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) ofthe Agreement, but in no event shall the total sum ofthe Agreement (basic contract amount and change order(s)) exceed twenty-fiv:e thousand dollars ($25,000.00). Change orders exceeding these limits shall be approved by the City Council. 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in R:\Ag~eements\Traffic Ag,eementslO 0 L Traffic Inc Agrmt writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Intemet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends orterminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Coniractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. . 2 R:\Ag'eementsITraffic Ag,eementslD 0 L Traffic Inc Agrrnt 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liabiiity arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to properly which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and properly damage. If Commercial General Liability Insurance or otherform 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 properly damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees ana volunteers are to be covered as insureds as respects: liability arising out of activities 3 R:\Ag,eements\T,affic Ag'eements\D D L T,affic Inc Ag,ml performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coveraae. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. PERFORMANCE AND lABOR MATERIAL BONDS. Prior to commencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract and a labor and Materials Bond in the amount of the Contract from a surety acceptable to the City. 14. TIME OF THE ESSENCE. Time is ofthe essence in this Contract. 4 R:\Ag,eementsITraffic AgreementsID D L Traffic Inc Ag,mt 15. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 16. LEGAL RESPONSIBILITIES. The Contractor shall keep itself infonned of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 17. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial . investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 18. CONTRACTOR'S. AFFIDAVIT. After the completion ofthe Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 19. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 20. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 5 R:\Ag,eementsITraffie Ag,eements\D D L Traffic Ine Agnnt 22. INSPECTION. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made Vvithin a reasonable time after completion of the Work. 23. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 24. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, retum receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, Califomia 92590 Attention: City Manager To Contractor: D D L Traffic Inc. 4677 Willowbend Court Chino Hills, California 91709 Dan Eichmann, President 25. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 26. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 27. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 28. PROHIBITED INTEREST. No officer, or employee ofthe City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 6 R:\Ag,eementsITrafficAg,eementsID D L Traffic IncAg,mt 29. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 30. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. //1/ fill 7 R:\A9,eementsIT,affic Ag,eements\D D L Traffic Inc Agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attomey CONTRACTOR D D L Traffic Inc. 4677 Willowbend Court Chino Hills, CA 91709 Phone: (714) 321-7513 FAX: (909) 606-2576 Dan Eichmann, President 8 R:\AgreemenlsIT,affie Ag,eemenlslD D L Traffic Ine Ag,ml EXHIBIT A SCOPE OF WORK AND SCHEDULE OF PAYMENT REMOVAL and REPLACEMENT OF TRAFFIC SIGNAL BATTERY BACKUP SYSTEM WINCHESTER ROAD (HWY 79 NORTH) and HWY 79 SOUTH 9 R:\Ag,eementsITrafficAg,eemenfsID D L Traffic IncAg,mt DDL TRAFFIC rNC. QUOTE 4677 WiIlowbend Court Chino Hills, Ca 91709 PH # 714-321-7513 FX # 909-606-2576 Date Estimate # 911512006 96 Name 1 Add'ess City OfTemecula 43200 Business Center Or Temecula, Ca 92590 PH # 95 \,694-6411 FX # 951-694-6475 Rep Project DE Description Qly Rate Total Dimensions 24-Ml] Battery Back Up System 12 2,250.00 27.000.00T 12 VDC AGM BAITERY 48 125.00 6,OOO.00T Labor to remove existing Meyers BBS and install Dimensions BBS 12 350.00 4,200.00 and Batteries Laoor to dispose of old batteries 48 0.00 THANK YOU. DAN Please call if you have any questions @ 714-321-7513 Subtotal $37.200.00 Sales Tax (7.75%) $2,55750 Total $39,757,50 2-d 9l.S2-909-606 UUe"W4:q.3 uea "20:ao 90 l.0 ^ofJ ITEM NO.1 0 Approvals City Attorney Director of Finance City Manager V IJIZ. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: November 28, 2006 SUBJECT: First Amendment to Fiscal Year 2006-2007 Citywide Maintenance Contract PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the First Amendment to the Fiscal Year 2006-2007 Annual Citywide Routine Maintenance Contract with I mperial Paving Company, I nc. in the amount of $200,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On May 23,2006 the City Council approved Fiscal Year 2006-2007 Annual Citywide Routine Maintenance with Imperial Paving Company, Inc. in the amount of $200,000.00 to provide Citywide routine and emergency asphalt street repair work throughout the City. This work generally ranges in costs from $1 ,000.00 to under $25,000.00 and involves routine asphalt repairs on City Streets. The First Amendment to the contract with Imperial Paving Company, Inc. is necessary due to an increase in the large number of projects requiring asphalt paving repairs which were larger than anticipated. This amendment is necessaryforthe Public Works Maintenance Division to continue to maintain the asphalt repairs on an as needed basis. Therefore, we are requesting approval of this First Amendment for the remaining Fiscal Year 2006-2007. Although we also have other contractors available under contract, some of the types of services provided by others are limited and Imperial Paving Company, Inc. has been most consistently available and responsive. The First Amendment in the amount of $200,000.00 for Imperial Paving Company, Inc. and the original contract amount of $200,000.00 for a total contract amount of $400,000.00. FISCAL IMPACT: Adequate funds have been budgeted in the FY2006-2007 Operating Budget for the Public Works Maintenance Division, Routine Street Maintenance for I mperial Paving Company, Inc. original contract amount of $200,000.00 plus the First Amendment amount of $200,000.00 for a total contract amount $400,000.00. ATTACHMENTS: Amendment NO.1 FIRST AMENDMENT TO FISCAL YEAR 2006-2007 ANNUAL CITYWIDE MAINTENANCE CONTRACT BETWEEN CITY OF TEMECULA AND IMPERIAL PAVING COMPANY, INC. THIS FIRST AMENDMENT is made and entered into as of November 28, 2006 by and between the City ofTemecula, a municipal corporation ("City") and IMPERIAL PAVING COMPANY, INC. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On May 23, 2006 the City and Contractor entered into that certain agreement entitled "City of Temecula Agreement in the amount of $200,000.00 for Fiscal Year 2006-2007 Citywide Routine Maintenance" ("Contract"). B. The parties now desire to amend the Agreement as set forth in this First Amendment for an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for additional Fiscal Year 2006-2007 Citywide Routine Maintenance. 2. Section 3a of the Agreement is hereby amended to read as follows: a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures setforth in Exhibit "A". The First Amendment amount shall not eJCeed Two Hundred Thousand Dollars and No Cents ($200,000.00) for additional Fiscal Year 2006-2007 Citywide Maintenance. The maximum amount of payment under this Agreement shall not exceed the total contract amount of Four Hundred Thousand Dollars and No Cents ($400,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. I R:IMAINFAlM WKORDERSICONIRACF MASTERS\2006-2007lIMPERIAL FY06-07 AMEND I.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Imperial Paving Company, Inc. 13555 E. Imperial Highway Whittier, CA 90605 (562) 523-4492 Fritz Coy, Secretary/Treasurer 2 R:lMAINTAINIWKORDERSICONTRACI MASTERS\2006-2007lIMPERlAL FY06-(J7 AMEND I.Doe EXHIBIT B LABOR AND EQUIPMENT RATES 3 R:IMAINrAINlWKORDERSICONIRACF MASTERSI2006-2007lIMPERlAL FY06-07 AMEND ],DOC . City ot Temecula PUBLIC WORKS DEPARTMENT P.O. Box 9033 Temecula. CA 92589-9033 AtIn: BRAD BURON Re: Time and Material Sheet lABOR BREAKDOWN All Labor Overtime 1 ~ Time (After 8hrs/Saturdays) Double Time 2 Time (Sunday/Holidays) EQUIPMENT BREAKDOWN (DOES NOT INCLUDE LABOR) Flatbed Truck with Compressor Mount Bob Tail Truck 9 - 11 Yards Concrete Flatbed Truck Dump Truck 8. Pup Trailer Air Compressor Water Truck Flatbed Truck with 3 - 5 Tons Roller Combo (Minimum) Dump Truck with Skiploader 8. Trailer Combo 10 - 12 Ton Roller including Trailer 3 - 5 Ton Roller Including Trailer Berm Machine Minimum Charge Bobcat with Bucket Bobcat with Grinder Arrow Board with Truck $ 52.00 Per Hour $ 78,00 Per Hour $ 104.00 Per Hour $ 325.00 Per Day $ 315,00 Per Day $ 300.00 Per Day $ 390,00 Per Day $ 150.00 Per Day $ 275.00 Per Day $ 505.00 Per Day $ 505.00 Per Day $ 250.00 Per Day $ 245.00 Per Day $ 150,00 Per Day $ 500,00 PerDoy $ 550,00 Per Day $ 250,00 Per Day STANDARD SET (COMMON REPAIR CREW) Four Man Crew Skiploader . Dump Truck 3 - 5 Ton Roller Flatbed with Compressor 8. Tools Less than 8 hrs, (2hr minimum) MATERIALS Asphalt Asphalt Plant Opening on Saturdays Base Rock Class II Tack Materiai Concrete Concrete after 4 Yards $ 2.600,00 Per Day $ 400.00 Per Day $ 55.00 Per Ton $ 1.000.00 $ 12,50 Per Ton $ 1.75 Per Gal $ 500.00 Min. Load $ 90.00 Per Yard NOTE: ABOVE PRICES SUBJECT TO PUC CHANGE. 20% MARK UP ON SUBCONTRACTORS. NOTE: IMPERIAL PAVING PROVIDES THE FOLLOWING SERVICES: EXCAVATION. GRADING. PAVING. CONCRETE. SEAL COATING AND STRIPING. (562) 944-0975 · (714) 523.4492 · (800) 634-3923 . Fax (562) 944-0984 ITEM NO. 11 Approvals City Attorney Director of Finance City Manager V /J1l (JQ.. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: November 28, 2006 SUBJECT: Completion and Accceptance of Construction Contract Pechanga Parkway Phase IIA Storm Drain I mprovements Wolf Valley Creek Channel- Stage 1 - Project No. PW99-11SD PREPARED BY: Amer Attar, Principal Engineer Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the project, Pechanga Parkway Phase IIA Storm Drain Improvements, Wolf Valley Creek Channel- Stage 1, Project No. PW99-11 SD as complete; and 2. File a Notice of Completion, release the Performance Bond and Maintenance Bond; and 3. Release the Materials and Labor Bond seven (7) Months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On March 23, 2004, City Council awarded a construction contract in the amount of $4,187,607.00 to Yeager Skanska, Inc. of Riverside, California for construction of Pechanga Parkway Phase IIA Storm Drain Improvements Wolf Valley Creek Channel 0NVCC)- Stage 1, Project No. PW99-11SD. This project is a part of the overall Pechanga Parkway Street Improvement Project, which is included in the City's Capital Improvement Program. The storm drain project provides a drainage facility from Loma Linda Road to Temecula Creek consisting of a triple-cell box culvert. I n this first phase, only the triple-cell box culvert was constructed. The box culvert starts at Loma Linda Road continues underground along the northeast side of Pechanga Parkway to a point roughly 900 feet north of Muirfield Drive within the road right-of-way for Jedediah Smith Road. In addition to the planned storm drain improvements, the work of this project included the relocation of two Rancho California Water District (RCWD) water lines in conflict with the proposed box culvert. RCWD staff provided design plans and specifications for the necessary relocation work. Incorporating the RCWD relocations into the overall contract, provided an efficient means of coordinating the necessary relocations. A reimbursement agreement with Rancho California Water District was used to cover the cost of relocating their facilities. The contractor has completed the work in accordance with the approved design plans and specifications to the satisfaction of the City Engineer and Riverside County Flood and Water Conservation District. The final construction cost including change orders is $4,393,008.19. FISCAL IMPACT: The Pechanga Parkway Phase IIA Storm Drain Improvements (Wolf Valley Creek Channel - Stage 1) is a Capital Improvement Project and was funded by County of Riverside AD-159 and the Wolf Creek Community Facilities District (CFD). The cost of the RCWD water relocation work was reimbursed to the City from RCWD. The total construction cost of the project is $4,393,008.19. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT . CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW99-11SD WOLF VALLEY CREEK CHANNEL This is to certify that ,Ye~ €("'Sfl.e,lI1~f<:v,.tW: (hereinafter the "CONTRACTOR") declares to the City of Temecu a, under oath, that he/shellt has paid In full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW99-11SD, WOLF VALLEY CREEK CHANNEL, situated in the City of Temecula, State of California, more particularly described as follows: Construction of a three-cell reinforced concrete box culvert, reinforced concrete inlet and outlet works, earthwork operations, asphalt pavement, aggregate base, traffic control, and miscellaneous work. The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code ~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. CONTRACTOR Dated: 9-/2- 2006 Signal ..:rein J/~/,,~ 4r"eh (ilv,>1Oo/!/'''''- Prinl Name and ' e RELEASE R,1 C:\Documents and Settingsyhadley\Local Settlngs\TemporaiY Internet Files\OLK85\PW99-11SD Attidavltdoc CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW99-11SD WOLF VALLEY CREEK CHANNEL KNOW ALL PERSONS BY THESE PRESENT THAT; Yeager Skanska Inc., 1995 Agua Mansa Road, Riverside, CA 92509 NAME AND ADDRESS CONTRACTOR'S a Corporation (/ill in wl'!elher a Corporalian. Partner.ship or individual) , hereinafter called Principal, and Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland, and Federal Insurance Company 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 Four Hundred Twenty Thousand---c---Cc---------- -_u_nn_uu_u_______ DOLLARS and no CENTS ($ 420,000.00 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payabie 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 23rd day of March , 2004, a copy of which is hereto attached and made a part hereof lor the construction of PROJECT NO, PW99. 11SD, WOLF VALLEY CREEK CHANNEL. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of .Q.!}g (1) year after approval of the final estimate on said job, by the OWNER, against ail 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_ April 21, 2005 . XGlll, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void, As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by ~he City of Temecula In successfully enforcing this obligation, all to be taxed as costs and Included in any judgment rendered. MAINTENANCE BONO M-l R:\CIP\PAOJeCTSIPW99\99-11S0 Wolf V.lloy C...k ChannoMIO and ACFC&WCO SPECSIPWlI9-11sd_SPEC2004.dot The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract. or to the work to be performed thereunder, or to the specifications accompanying the same, shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications, Signed and sealed this 11 th day of May ,lOO0J!K 2005. (Seal) S.UR'7JY , BY~~ 8,y Bonnie T. Atnip (Name) Attorney-in-Fact (Title) PRINCIPAL APPROVED AS TO FORM: ~~~ James L. Moore (Name) Vice President (Title) .. B~~~GyL-. MiChei McGrath (Name) Peler M. Thorson, City Attorney Secretary/Treasurer (TItle) MAINTENANCE BOND M.2 RV;:IPlPROJECTSIPW99\99-11S0 Wolf Val~y C,..k ChaM.NlIO and RCFC&WCD SPEC$\PW9!J.llsd.SPEC2004.dol CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On Mav 13. 2005 before me, Patricia Macias , Notary Public, personally appeared James 1. Moore and Michele McGrath . IZI personally known to me -OR- D proved to me on the basis of satisfactory evidence to be Ihe persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in hisIltef/their authorized capacity(ies), and that by hisIltef/their ..................--................... signature(s) on the instrument the person(s), or the I @ PAmlClAMACIAS I o COMM 11472760 ili entity upon behalf of which the person(s) acted, ~ NOTARY PU8UC . CAliFORNIA 0 execuled the instrument. . .. RIVERSIDE COUNTY -; : I My Commission Explres Mar. 24, 2008: WITNESS my hand and official seal. *************************************** ~~/;~tV"M Signature of Notary Public OPTIONAL Though the information be/ow is not required by law, it may prove valuable to persons relying on the document and could prevent Ji-audulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: Mav 11. 2005 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: James 1. Moore Signer's Name: Michele McGrath D Individual D Individual IZI Corporate Officer IZI Corporate Officer Title(s): Vice President Title(s): Secretary/Treasurer D Partner - D Limited D General D Partner - D Limited D General D Attorney-in-Fact D Attorney-in-Fact D Trustee RIGHT THUMBPRINT D Trustee RIGHT THUMBPRINT D Guardian or Conservator OF SIGNER D Guardian or Conservator OF SIGNER D Other: TOP OF TIlUMB HERE D Other: TOP OF THUMB HERE Signer is Representing: Signer is Representing: Yeager Skanska Inc. Yeager Skanska Inc. STATE OF CALIFORNIA r r r r ss. COUN1Y OF ALAMEDA On May 11, 2005, before me, JENNIFER E. DIR1<::ING, Notary Public, personally appeared Bonnie T. Atnip, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~ - - - - - - - - - - - - ~ . JENNIFER E. DIRKING @.~. 't........ Commission # 1398419 ~ ~lf~ . - ~' Notary Public - California 7; z 'P _" 1; . ..', Alameda County - ~ ~ .':.'": ~y :o:m:.EX~ire~Fe~ ~ 2(~d (Seal) Il.{~ -J--- 9. 0i\c..L~~ 'Ii r E. Dirkiiig, Notary Public - California \) Description of Attached Document: Yeager Skanska Inc. City of Temecula Wolf Valley Creek Channel Project Maintenance Bond TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford. Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY. corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Conneclicut, (hereinafter the "Companies") hath made, constituted and appoinled, and do by these presents make, constitute and appoint: James W. Untiedt, Dermod E. Houweling, Jeffrey W. Parkhurst, Bonnie T. Atnip, Jennifer E. Dirking, Nerissa S. Bartolome, of Fremont, California, their true and lawful Atlomey(s)-in-Facl, with full power and aUlhority hereby conferred to sign. execule and acknowledge, at any place within the Uniled States, the following instrument(s): by his/her sole signalure and act, any and all bonds, recognizances. conlracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incidenl thereto and to bind the Companies, thereby as fully and to Ihe same extent as if the same were signed by the duly authorized officers of the Companies, and all the acls of said Atlomey(s)-in-Fact, pursuanl to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of inderrmity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursUant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistanl Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Ill,OO Standard) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the Stale of Maryland, hy WILLIAM J, MILLS, Vice President, and ERIC D, BARNES, Assistant Secretary, in pnrsnance ofanlhority granted by Article VI, Section 2, of the By-Laws of said Company, . are set forth on the reverse side hereof and are hereby certified 10 be in full force and effect on the date des by nominate, constitute and appoint James W. UNTIEDT, Jeffrey W. PARKHURST, Bo~nie NG, Geoffrey R. GREEN and Ralph FLETCHER, JR., all of Fremont, Car'. and Attorney-in-Fact, 10 make, execute, seal and deliver, for, and on its be as . y and all honds and o nndertakings, and the execution of sue n se presents, shall be as binding upon said Company, as fully a~d ampl t i{lj een duly executed and acknowledged by Ihe regularly elected of nip. ore, Md" in their own proper persons. This power of attorney revokes that issued of ' , Dermod E. HOUWELING, Jeffrey W, PARKHURST, Bonnie T, ATNIP, Jennifer E. ~N s , ARTOLOME. Michael A, KENNY, dated September 29,2003. The said Assistanl"~.fues hereby certifY that 1I1e extracl set forth on"the reverse side hereof is a \rue copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunlo subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th day of April, A.D,2005, A TIEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~ /)r~ By: Assistant Secretary William J. Mills JJtfJ Eric D. Barnes Vice President Stale of Maryland } ss: City of Baltimore On this 18th day of April, A.D. 2005, before the subscriber, a Nolary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J, MILLS, Vice President, and ERIC D. BARNES, Assislanl Secretary oflhe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known 10 be the individuals and officers described in and who execuled the preceding instrumenl, and Ihey each acknowledged the execulion of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed 10 the preceding instrument is the Corporate Seal of said Company, and that the said Corporale Seal and their signatures as such officers were duly affixed and subscribed 10 the said instrumenl by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunlo set my hand and affixed my Official Seal the day and year first above ~tten. ) \'I.\\\~~l~~"rilll ~',..:';)';:':":"'~!~11:'''~ ~W~)tl\l\'l '..{-:.: i:l\~/) ,~J3J ~ 4~~. ;")\1'\" ..,~$'.$ "I ~ft.."".~'."l),'" "/";:~~~l~\\" ~a"O~- Constance A, Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 016-41598 .~ Chubb Surety POWER OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn; Surety Department 15 Mountain View Road Warren, NJ 07059 CHUBB Know All by These P,esents. That FEDERAL INSURANCE COMPANY, an Indiana co'po,ation. VIGILANT INSURANCE COMPANY. a New Yo,k corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bonnie T. Atnip. Jennifer E. Dlrklng, Ralph Fletcher Jr., Geoffrey R. Green, Jeffrey W. Parkhurst and James Untiedt of Fremont, Callfornla----.-....---..---...----- each as their true and lawful Attorney- In- Fact 10 execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in Ihe nature thereof (other than bail bonds) given or executed in the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 18th day of April, 2005 ~~fmb:il ~~-~ STATE OF NEW JERSEY County of Somerset 55. On this 18th day of April; 2005 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel; being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with John P. Smith, and knows him to be Vice President of said Companies; and that the signature of John P. Smith. subscribed to said Power of Attorney is in the genuine handwriting of John P. Smith, and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal STEPHEN B. IIRIDT Notary Public, SIaM of "'-....., No. 2321097 rcmminton !xpireI Cd. 25, 2009 ~~~" CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and (;m behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by'facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys. in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is altached.~ I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companiesft) do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward ISland; and (Hi) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 11th day of May, 2005. ~id/~~ , , Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS liSTED ABOVE. OR BY Telephone (908) 903- 3493 Fax (908) 903, 3656 e-mail: suretv@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT 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 Yeager Skanske, Inc., 1995 Agua Mansa Road, Riverside, CA 92509 to perform Ihe following work of improvement: WOLF VALLEY CREEK CHANNEL PROJECT NO. PW99-11 SO 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on November 28, 2006. That upon said contract the Travlers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland and Federal Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: WOLF VALLEY CREEK CHANNEL PROJECT NO. PW99-11 SO 6. The location of said property is: Wolf Valley Creek Channel, Temecula, California Dated at Temecula, California, this 28th day of November, 2006 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 28th day of November, 2006. City of Temecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PW99\99-11$D wvcc Stage 1\Agreements\PW99-' tSD COMPLETION NOTE.docProjects\PW99-11 SD\Agreements\99-11SD Completion Note ITEM NO. 12 Approvals City Attorney Director of Finance City Manager ~ IJIL ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: November 28, 2006 SUBJECT: Acceptance and Filing the Notice of Completion - Rancho California Road Median Modifications between Interstate 15 and Ynez Road Project No. PW05-04 PREPARED BY: Greg Butler, Principal Engineer Mayra De La Torre, Senior Engineer RECOMMENDATION: That the City Council: 1. Accept the construction of Rancho California Road Median Modifications between Interstate 15 and Ynez Road; Project No. PW05-04, as complete. 2. File the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract; and 3. Release the Materials and Labor Bond seven months after the filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On April 25, 2006, the City Council awarded a construction contractto EBS Inc. in the amount of $266,287.75 to complete the Rancho California Road Median Modifications from Interstate 15 to Ynez Road, Project No. PW05-04. The project provided one additional eastbound through lane on Rancho California Road. Improvements included the removal/reduction of the existing raised median, pavement, signage & striping, traffic signalization modifications, landscaping and other associated work, as required. No additional right-of-way was required; existing curb & gutter on the north and south sides of Rancho California Road remained in place. The contractor, EBS Inc., completed the work in accordance with the approved plans and specifications to the satisfaction of the City. One contract change order was issued for a total of $8,380.36. All work is warranted for a period of one year from the date of acceptance by the City. The final project cost is $274,668.11. This amount can be broken down as follows: (a) Initial Contract (b) Contract Change Orders $ 266,287.75 $ 8,380.36 The construction retention for this project will be released on or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: Rancho California Road Median Modifications between Interstate 15 and Ynez Road, Project No. PW05-04 is a Capital Improvement Program Project, which is funded with Measure A funds. Adequate funds are available in Account No. 210-165-752-5804. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit 11/13/2885 18:58 9512795832 EBS PAGE 82/02 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PWO!i-04 RANCHO CAUFORNIA ROAD MEDIAN MOD/RCA nONS BETWEEN INTERSTA TE 15 AND YNEZ ROAD This is to certify that~~~r"U-~(hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/shellt has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to. the execution of it's contract with the City of Temecula, with regard to the buDding, erection, constnJction, or repair of that oertain work of improvement known as PROJECT NO. PWOS..Q4, RANCHO CALIFORNIA ROAD MEDIAN MODIFICATIONS BElWEEN INTERSTATE 15 AND YNEZ ROAD, situated in the City of Temecula, State of California, more particularly described as follows: 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 Notioe against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code ~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. CONTRACTOR Dated:~ By: (I/~ Signature .~~~cWv-tz--/0"uU-I-~ . MAINTENANCE BOND EXECUTED IN TWO COUNTERPARTS FOR PROJECT NO. PW05-04 RANCHO CALIFORNIA ROAD MEDIAN MODIFICA nONS BETWEEN INTERSTA TE 15 AND YNEZ ROAD BOND 117581918 PREMIUM: INCLUDED IN PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENT THAT: ELITE BOBCAT SERVICE, INC., 1320 EAST SIXTH STREET, SUITE 100, CORONA, CA 92879 NAME AND ADDRESS CONTRACTOR.'S a CORPORATION and . hereinafter called Principal, (fill in whether a Corporation, Partnership or individual) FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 NORTH BRAND BLVD., SUITE PENTHOUSE, GLENDALE, CA 91203 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 TWENTY-FOUR THOUSAND NINE HUNDRED SIXTY-NINE DOLLARS and TWENTY CENTS ($ 24,969.20 ) 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 TillS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 9TH day of MAY , 2006, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW05-04, RANCHO CALIFORNIA ROAD MEDIAN MODIFICATIONS BETWEEN INTERSTATE 15 AND YNEZ ROAD. 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 JULY 24 .2006. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otheIWise this instrument shall be void. As a part ofthe obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City ofTemecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension oftime, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 12TH day of OCTOBER ,2006. (Seal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND SURETY BY:~>:U l~ ELITE. BOBCAT SERVI~E)lINC. ::NCIPAL .h Lt J.,.''-'i/h 1'+. N~. (Name) / ,/\L<:>. SR C (Title) DAVID L. CULBERTSON (Name) ATTORNEY-IN-FACT (Title) By: APPROVED AS TO FORM: ~~ f+~ N~c_: (Name) PAD. /~C (Title) Peter M. Thorson, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 10/19/06 before me, Sarah D. Shaw - Notary Public personally appeared Joseph A. Nand personally known to me to be the person whose name is subscribed. to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WIlNESS my hand and official seal. ~~~bliC ~ - - - - - - - - - - - - ~ @ SARAH D. SHAW . ...... Commission # 1437422 ~ . -0. Notary Public - California ~ ~ ' , Riverside County t .....:.. ... ~y:o~m.:.Ex~lre:~~2~7 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn. DESCRIPTION OF ATTACHED DOCUMENT Maintenance Bond- City of Temecula TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 2 DATE OF DOCUMENT 10/12/06 D INDIVIDUAL CAPACITY CLAIMED BY SIGNER ~ CORPORATE OFFICER President / Secretary TITLE(S) D PARTNER(S) D AlTORNEY-IN-FACT D TRUSTEE(S) D OTIIER: SIGNER IS REPRESENTING: Elite Bobcat Service. Inc. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 10-12-06 before me, LElUE SHli<BWQQJ;l - l'JQfM.Y. I;)lim.w~ personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WI~SS my hand and official seal. Sign~{~f2f~(~ L.~E~ . COMM. #1593951 ;: r NOT."'. PUDue . CAUFORN'A ~ . O~ 'NGE COUNTY -" .-vv-~ ~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND TITLE OR TYPE OF lJOCUMENT NVHBER OF P1\GES 2 DATE OF DOCUMENT 10-12-06 CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER TITLE(S) o PARTNER(S) o OTHER: ~ ATTORNEY-IN-FACT 0 TRUSTEE(S) SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(Sj OR ENTITY(S) i { Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuanc~ of authority granted by ArticleVI, Section 2, of the By-Laws of said Company, . are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date des by nominate, constitute and appoint Ricbard A. COON, Cbarles L. FLAKE, David L. CULB P and Lexie SHERWOOD, all of Anabeim, California, EACH its true make, execute, seal and deliver, for, and on its bebalf as surety, and as i undertakings, and the execution of sucb bonds or unde~kings' l'1lIJ'~ 0 ~e s mding upou said Company, as fully and amply, to all intents~d p os flJla<lllee d acknowledged by the regularly elected officers of the Company at its . lti , , . . 0 er persons. This power of attorney revokes that issued on behalf of Richard A ,h . , avid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14, 2005. ~!O)@ The said Assistant $eCr~ does hereby certifY that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their uames and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~}),~ By: Assistant Secretary William J. Mills J-'fJ Eric D. Barnes Vice President. State of Maryland }ss' City of Baltimore . On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and wbo executed the preceding instrument, and tbey each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year frrst above written. \\\\\'~I~~~;iJI.... ~",,,,\~~....:..!!.I.t../';. ~4'::"')t":\'t""/"-:, l1t;,;,)~~~~1~J ';11:<Jii;''iiif;(i;~\\'' ""/IJIII\" ~a.O~ Constance A. Dunn Notary Public My Commission Expires: July 14,2007 POA-F 012-4150H RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOT ICE 0 F COM P L E TI ON 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 Elite Bobcat Service, Inc., 1320 E. Sixth St., Suite 100, Corona, CA 92879 to perform the following work of improvement: RANCHO CALIFORNIA ROAD MEDIAN MODIFICATIONS BETWEEN INTERSTATE 15 AND YNEZ ROAD PROJECT NO. PW05-04 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on November 28, 2006. That upon said contract the Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: RANCHO CALIFORNIA MEDIAN MODIFICATIONS BETWEEN INTERSTATE 15 AND YNEZ ROAD PROJECT NO. PW05-04 6. The location of said property is: Rancho California Road, Temecula, California Dated at Temecula, California, this 28th day of November, 2006 City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 28'" day of November, 2006. City of Temecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PW05\PW05-04 ReR Median Mod\Agreements, Contracts\PW05-04 COMPLETION NOTE.doc Form ITEM NO. 13 Approvals City Attorney Director of Finance City Manager ~ IJIL ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter M. Thorson, City Attorney DATE: November 28, 2006 SUBJECT: Roripaugh Ranch Project--Approval of Fourth Operating Memorandum PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FOURTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR THE RORIPAUGH RANCH PROJECT BACKGROUND: On December 17, 2002, the City and Ashby USA entered into that certain agreement entitled "Development Agreement by and between the City of Temecula and Ashby USA, LLC" (the "Development Agreement.") The Roripaugh Ranch Specific Plan was approved by the City Council on November 26, 2002 and was amended on January 11, 2005 and February 14, 2006 (the "Specific Plan.) The Specific Plan and Development Agreement require Ashby USA to construct certain Public Improvements necessary to support the homes to be built within the Project. The Specific Plan and Development Agreement further provide that the issuance of building permits is dependent on the completion of specific Public Improvements as set forth in the Specific Plan and Development Agreement. Sufficient Public Improvements have been constructed to permit the issuance of 107 building permits for the Phase I Panhandle Area. Ashby USA has requested the City issue of all of the 515 building permits for Phase I of the Project (the "Panhandle") prior to the completion of the Public Improvements required for the issuance of the Phase I building permits ("Phase I Public Improvements"). Ashby USA has completed approximately eighty percent (80%) of the Public I mprovements required to enable the issuance all of the remaining 515 building permits for the Phase I area. Issuance of the 515 building permits at this time pursuant to the terms of the proposed Fourth Operating Memorandum will enable merchant builders in the Panhandle area to purchase several planning areas from the Tanamera Homes entities which have defaulted on their loans and are facing foreclosure by their lenders. The status of the Community Facilities District Bonds and the status of the Project are set forth in the Temecula Public Financing Authority Releases Nos. 1 to 5, the Tanamera Entities Releases and Semi-Annual Report, and the Semi-Annual Report of Ashby USA. City is willing to issue the 515 building permits for the Phase I area provided that it receives certain assurances that the required Public I mprovements will be completed, regardless of the status of the Project and that certain amendments to the 2006 Bond Documents are completed. Major provisions of the proposed Fourth Operating Memorandum between Ashby USA, Ohio Savings Bank, its lender, and the City include: D City shall make the 515 building permits for the Panhandle available to merchant builders. . Ashby USA posts a letter of credit in the amount of $14 million which amount will represent the City's estimated amount of the cost of completing the Public Improvements for the Panhandle plus contingencies and City expenses. (The amount of the Letter of Credit may be modified prior to the Council meeting as the estimated costs are confirmed by the Director of Public Works.) . If Ashby USA does not complete the Public Improvements required for the Panhandle by April 30, 2007, the City may take over the construction of the Public Improvements for the Panhandle and draw on the letter of credit for construction costs. . Ashby USA and Ohio Savings Bank releases the City from all liability arising from the Project. . Ashby USA and Ohio Savings Bank agree never to sue the City for monetary damages arising from an alleged breach of the Fourth Operating Memorandum by the City, but may sue for declaratory relief or specific performance to resolve disputes and compel City's compliance with the Fourth Operating Memorandum. . City retains all legal rights and remedies, including a suit for monetary damages. FISCAL IMPACT: None. Any costs to the City involved in taking overthe construction of the Public Improvements will paid from the letter of credit required by Operating Memorandum NO.4. ATTACHMENTS: 1 Resolution No. _Approving the Fourth Operating Memorandum 2. Fourth Operating Memorandum Attachments RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FOURTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR THE RORIPAUGH RANCH PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves that certain agreement entitled "Fourth Opertaing Memorandum to the Recorded Development Agreement between the City of Temecula and Ashby USA LLC" with such changes in said document as may be mutually agreed upon by the parties, the City Manger and City Attorney as are in substantial conformance with the form of such agreement as presented to the City Council. The Mayor is hereby authorized to execute said Fourth Operating Memorandum on behalf of the City. Section 2. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Fourth Operating Memorandum and to administer the City's obligations, responsibilities and duties to be performed under the Agreements. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 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 28th day of November, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: CONCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM NO. 14 Approvals City Attorney Director of Finance City Manager fA'-.( /J1l (J(.L, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance Howard Windsor, Fire Chief DATE: November 28, 2006 SUBJECT: Fire/EMS Protection Agreement for Fiscal Year 2006-07 RECOMMENDATION: That the City Council approve the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention, rescue service through June 30, 2008. BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been provided through a Cooperative Fire Service Agreement with the California Department of Forestry and Fire Protection (CDFFP) and Riverside County Fire Department (RCFD). Formalization of this agreement is required every three years to appropriately renew the required contract between the City of Temecula and the above-mentioned fire service agencies. The CDFFP has provided the City with a schedule of contract staffing costs (Exhibit "A") to the Fire Protection Agreement for City Council approval, which reflects the service costs for fiscal year 2006-07. The increases for services are due to a transition of 4.0 staffing on engines and reorganization of the Fire Prevention Bureau, with the addition of a Fire Inspection Supervisor. Also included on Exhibit "A" is the estimated Structural Fire Tax Credit which offsets the City's Fire/EMS costs. FISCAL IMPACT: The increased costs associated with the implementation of 4.0 staffing on engines is approximately $350,000. In addition, the annual Fire Tax Audit has increased by $963,285 for the 2006-07 fiscal year. Adequate funds have been appropriated in the fiscal year 2006-07 Fire Services budget. ATTACHMENTS: Cooperative Agreement Exhibit "A" Exhibit "B" A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA THIS AGREEMENT, made and entered into this _ day of 20_, by and between the County of Riverside (hereinafter referred to as "COUNT'I1 and the City of Temecula (hereinafter referred to as "CITY"), whereby it is agreed as follows: SECTION I: PURPOSE The purpose of the Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement ("CDF Agreement") with the California Department of Forestry and Fire Protection ("CDF") to provide CITY with fire protection, fire prevention, rescue, and medical emergency services (hereinafter called "fire protection services"). This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603, 55603.5, 55606, 55632 and 55642, and will provide a unified, cooperative, integrated, and effective fire protection, rescue, and medical emergency services system. COUNTY's ability to perform under this agreement is subject to the terms and conditions of the CDF Agreement. SECTION II: DESIGNATION OF FIRE CHIEF A. The County Fire Chief (hereinafter referred to as "Chief'), appointed by the Board of Supervisors, shall represent COUNTY and CITY during the period of this Agreement and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing fire protection services as deemed necessary to satisfy the needs of both the COUNTYand CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar fire protection services. B. COUNTYwill be allowed flexibility in the assignment of available personnel and equipment in order to provide the fire protection services, rescue and medical emergency services as agreed upon herein. C. CITY shall appoint the County Fire Chief referred to in paragraph A of this Section, to be the designated City Fire Chief. In addition, the Chief shall have the authority and responsibility equal to that of a City Department Head for the purposes of administering CITY expenditures under Exhibit "A" of this Agreement. Cooperative Fire Agreement City of Temecula July 1, 2005 to June 30, 2008 10f7 SECTION III: PAYMENT FOR SERVICES A. ClrY shall annually appropriate a fiscal year budget to support the fire services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit "A." This Exhibit may be amended in writing by mutual agreement by both parties in the event of an increase of salary or expenses or when CITY requests an increase in services. 1. Any changes to the salaries or expenses set forth in Exhibit "A" made necessary by action of the Legislature, CDF or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit "A." There shall be no obligation on the part of CITY to expend or appropriate any sum in excess of Exhibit "A" which exceeds the yearly appropriation of CITY for the purposes of the Agreement. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit "A" as a result of action by the Legislature, CDF or other public agency will exceed the total amount specified therein, and CITY has failed to agree to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced. Personnel reductions resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Exhibit "A" to this Agreement shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described herein, such increase shall be accomplished by an amendment to Exhibit "A" and approved by the parties hereto. 2. In the event CITY requests an increase in services and paragraph A.1. of this Section is not applicable, an amendment to Exhibit "A" may be approved by the parties hereto. B. COUNTY provides fire personnel, equipment and services through its CDF Agreement. In the event CITY desires a reduction in STATE civil service employees or services assigned to CITY as provided for in Exhibit "A," when paragraph A.1. of this Section is not applicable, CITY shall provide one hundred twenty (120) days written notice of the requested reduction. Proper notification shall include the following: (1) The total amount of reduction; (2) The effective date of the reduction; and (3) The number of employees, by classification, affected by the proposed reduction. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by STATE because of the reduction, in addition to any other remedies available resulting from the reduction in services. Cooperative Fire Agreement City of Temecula July 1, 2005 to June 30, 2008 20f7 C. CITY shall pay COUNTY actual costs for fire protection services pursuant to this agreement in an amount not to exceed that set forth in Exhibit "A," as amended. COUNTYshall make a claim to C ITY for the actual cost of contracted services, pursuant to Exhibit "A," on a quarterly basis. CITY shall pay each claim within thirty (30) days after receipt thereof. D. County Fire Chief is authorized to negotiate and execute any amendments to Exhibit "A" of this Agreement on behalf of COUNTY without further authority from the Board of Supervisors. CITY shall designate a "Contract Administrator" who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit "A" on behalf of CITY. E. [Xl (Check only il applicable) Additional terms as set forth in the attached Exhibit "B" are incorporated herein and shall additionally apply to this agreement regarding payment of services. SECTION IV: INITIAL TERM AND RENEWAL A. The term of this Agreement shall be from July 1, 2005, to June 30, 2008. Either party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party hereto no less than one year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNT'except any notice issued because of actions of CDF or CITY, COUNTY agrees to continue to provide fire protection services to CITY until such time as CITY has a reasonable opportunity to implement an alternative fire protection service. In no event shall this Agreement be terminated by either party prior to June 30, 2007. B. One year prior to the date of expiration of this agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new agreement with COUNTY for fire protection services and, if so, whether CITY intends to change the level of fire protection services from that provided by this agreement. C. If CITY fails to provide such notice, as defined in paragraph B above, COUNTY shall have the option to extend this agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as COUNTY determines would be appropriate during the extended period of this agreement. Six months prior to the date of expiration of this agreement, COUNTY shall give written notice to CITY of any extension of this agreement and any changes in the level of fire protections services COUNTY will provide during the extended period of this agreement. Services provided and obligations incurred by COUNTY during an extended period shall be accepted by CITY as services and obligations under the terms of this agreement. Cooperative Fire Agreement City 01 Temecula July 1, 2005 to June 30, 2008 3017 D. The cost of services provided by COUNTY during the extended period shall be based upon the amounts that would have been charged CITY during the fiscal year in which the extended period falls had a new agreement been entered into. Payment by CITY for services rendered by COUNTY during the extended period shall be provided as set forth in Exhibit "A," as amended. SECTION V: TERMINATION FOR CAUSE If CITY fails to remit payments in accordance with any part of this agreement, COUNTY may terminate this agreement and all related services upon 60 days written notice to CITY. Termination of this agreement does not relieve CITY from providing COUNTY full compensation in accordance with terms of this agreement for services rendered. This agreement may be cancelled at the option of either COUNTY or CITY at any time during its term with or without cause, on giving one year written notice to the other party. SECTION VI: COOPERATIVE OPERATIONS All fire protection services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid. SECTION VII: MUTUAL AID When rendering mutual aid or assistance as authorized in Health and Safety Code Sections 13050 and 13054, COUNTY shall, at the written request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel as funded herein, under authority given by Health and Safety Code Sections 13051 and 13054. COUNTY, in seeking said reimbursement, will represent the CITY in following the procedures set forth in Health and Safety Code Section 13052. Any recovery of CITY costs, less extraordinary collection expenses, will be credited to the CITY. SECTION VIII: SUPPRESSION COST RECOVERY As provided in Health and Safety Code Section 13009, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using CITY equipment and personnel under the terms of this agreement, COUNTY may, on request of CITY, bring such an action for collection of costs incurred by CITY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of Cooperative Fire Agreement City of Temecula July 1, 2005 to June 30, 2008 40f7 recovery, COUNTY shall apportion to CITY its pro-rata proportion of recovery, less the reasonable pro-rata costs including legal fees. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Section 13009 to the officer designated by CITY. SECTION IX: PROPERTY ACCOUNTING All personal property provided by CITY and by COUNTY for the purpose of providing fire protection services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the County Fire Department for the segregation, care, and use of the respective property of each. SECTION X: INDEMNIFICATION A. COUNTY, to the extent permitted by law, agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees from any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies in connection with any activities under this agreement; and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by COUNTY in the performance of any activities under this agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to CITY or from acts not within the scope of duties to be performed pursuant to this agreement. B. CITY, to the extent permitted by law, agrees to indemnify, defend and hold harmless COUNTY, its officers, agents and employees from any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies in connection with any activities under this agreement; and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by CITY in the performance of any activities under this agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to COUNTY or from acts not within the scope of duties to be performed pursuant to this agreement SECTION XI: AUDIT COUNTY/CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. COUNTY/CITY agree to maintain such records for Cooperative Fire Agreement City of Temecula July 1, 2005 to June 30, 2008 50f7 possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. SECTION XII: DISPUTES CITY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the County Fire Chief that a situation exists under this agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time (ten days), shall be brought to the attention of the Contract Administrator. Disputes that are unable to be resolved by CITY and COUNTY representatives will attempt to be resolved through arbitration. If arbitration is unsuccessful, venue for litigation will be the County of Riverside. SECTION XIII: DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY County Fire Chief 210 W. San Jacinto Ave. Perris, CA 92570 CITY OF TEMECULA City Manager 43174 Business Park Drive Temecula, CA 92590 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made. SECTION XIV: ENTIRE CONTRACT This Agreement contains the whole contract between the parties for the provision of fire protection services. It may be amended or modified upon the mutual written consent of the parties hereto. This agreement does NOT supplement other specific agreements entered into by both partners for equipment or facilities, and excepting Cooperative Fire Agreement City of Temecula July 1, 2005 to June 30, 2008 60f7 those equipment or facilities agreements, this agreement cancels and supersedes any previous agreement for the same or similar services. IN WITNESS WHEREOF, the duty authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated: CITY OF TEMECULA By: Title: ATTEST: APPROVED AS TO FORM: By: Title: (SEAL) Dated: COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors ATTEST: APPROVED AS TO FORM: NANCY ROMERO Clerk of the Board By: Deputy (SEAL) G.\Property\PSmithIFireICITYStandarctA.greement926.doc Cooperative Fire Agreement City of Temecula July 1, 2005 to June 30, 2008 70f7 EXHIBIT "A" TO THE COORPERA TIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED OCTOBER 16,2006 CAPTAIN ENGINEERS FF II's ------------ ------------ ------------ STA. #12 292,752 2 252,368 2 217,766 2 ST A. #73 292,752 2 126,184 1 217,766 2 (Truck Co.) 439,128 3 378,551 3 653,298 6 ST A. #84 292,752 2 252,368 2 217,766 2 (Relief) 292,752 2 126,184 1 326,649 3 ST A. #92 292,752 2 126,184 1 217,766 2 STA #95 Apr- June 73,188 2 63,092 2 54,442 2 15 12 19 SUBTOTAL STATION COSTS FIRE ENGINE USE AGREEMENT DEPUTY CHIEF BATTALION CHIEF & FIRE MARSHALIBC FIRE SAFETY SUPERVISORS FIRE SAFETY SPECIALIST FIRE SYSTEMS INSPECTOR TOTAL STAFF COUNT SUPPORT SERVICES Ad m inistrative/Operatio nal Volunteer Program Medic Program Fleet Support ECC Support Com milT Support SUPPORT SERVICES SUBTOTAL ESTIMATED DIRECT CHARGES TOTAL ESTIMATED CITY BUDGET . ESTIMATED TEMECULA FIRE TAX CREDIT NET ESTIMATED CITY BUDGET .TAX CREDIT: FIRE TAXES REDEV. TAXES TOTAL 5,725,498 813,281 6,538,779 Exhibit "A" CITY OF TEMECULA Page 1 012 CAPTAIN FAE FF II MEDIC MEDIC MEDIC TOTAL ------------ ------------ ------------ ------------ 249,113 2 1,011,998 8 141,583 1 249,113 2 1,027,397 8 1,470,977 12 162,926 1 249,113 2 1,174,924 9 424,749 3 249,113 2 1,419,446 11 141,583 1 249,113 2 1,027,397 8 81,611 2 272,332 8 - - 1 5 12 7,404,471 64 16,050 each engine 72,225 4.5 166,324 each 41,581 0.25 193,441 each 386,882 2 91,924 each 183,848 2 82,132 each 246,396 3 63,085 each 252,339 4 75 10,879 per assigned Staff ** 696,256 64 8,768 per Volunteer Co. 8,768 1 10,257 per assigned Medics 179,498 17.5 15,768 per Fire Suppression Equip 122,202 7.75 Calls/Station Basis 192,727 Calls/Station Basis 146,814 1,346,265 49,451 9,983,457 (6,538,779) 3,444,678 SUPPORT SERVICES Administrative & Operational Services Finance Public Affairs Training Procurement Data Processing Emergency Services Accounting Fire Fighting Equip. Personnel Office SupplieslEquip. 58 Assigned Staff 6 Sept - June additional staff 64 Total Assigned Staff 4.25 Fire Stations 5,598 Number of Calls Volunteer Program - Support staff, Workers Camp, and Personal Liabiltiy Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications liT Support - Support staff, communications, radio maintenance, computer support functions Exhibit "A" CITY OF TEMECULA Page2of2 EXHIBIT "B" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED ,20_ PAYMENT FOR SERVICES ADDITIONAL TERMS COUNTY shall make a claim to CITY for the actual cost of contracted services as shown on Exhibit "A" during each of the following periods: (1) July 1 through September 30, claim in October; (2) October 1 through December 31 , claim in January; (3) January 1 through March 31, claim in April; and (4) April 1 through June 30, claim in April The claim shall be for the actual costs of services after any deduction for fire taxes. CITY shall pay each claim within thirty (30) days after receipt thereof. COUNTY shall allow a credit in the amount of the Structural Fire taxes as determined by COUNTY to be collected in each fiscal year of this Agreement. The allowed credit shall not exceed the cost of contracted services. Exhibit "8" CITY OF TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 15 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT NOVEMBER 14, 2006 A regular meeting of the City of Temecula Community Services District was called to order at 9:58 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 28 Minutes RECOMMENDATION: 28.1 Approve the minutes of October 10, 2006. 29 Professional Services Aqreement - Bonterra Consultinq - Environmental Clearance for the Ronald Reaqan Sports Park Desiltinq Basin - Proiect No. PW05-13 RECOMMENDATION: 29.1 Approve a Professional Services Agreement with Bonterra Consulting in an amount not to exceed $67,340.00 to prepare the Environmental Clearance for the Ronald Reagan Sports Park Desilting Basin, Project No. PW05-13, and authorize the President to execute the agreement; 29.2 Authorize the General Manager to approve extra work authorizations not to exceed the contingency amount of $6,734.00, which is equal to 10% of the agreement amount; 29.3 Advance $74,000.00 from TCSD - Citywide Fund to fund the project until such time Federal Emergency Management Agency (FEMA) provides funding through its reimbursement program. R:\Minutes\111406 30 Renovation at the Temecula Elementary School Pool RECOMMENDATION: 30.1 Approve the Agreement with Jeff Kerber Pool Plastering, Inc., for $70,000.00 for the Renovation at the Temecula Elementary School Pool. 31 Acceptance of Landscape Bonds and Aqreement for Deer Hollow Road Parkway RECOMMENDATION: 31.1 Accept the surety bonds and agreement from Wolf Creek Development, LLC to improve the parkways along Deer Hollow Road. 32 Acceptance of Landscape Bonds and Aqreement for Butterfield Ranch Landscaped Medians RECOMMENDATION: 32.1 Accept the surety bonds and agreement from BRSC, LLC to improve the landscaped medians on State Highway 79 South and Butterfield Stage Road. 33 Acceptance of Landscape Bonds and Aqreement for Wolf Creek Linear Park South (Phase ill RECOMMENDATION: 33.1 Accept the surety bonds and agreement from Wolf Creek Development, LLC to improve the Linear Park South along Wolf Creek Drive (South). 34 Acceptance of Landscape Bonds and Aqreement for Parkways alonq Wolf Creek Drive South - (Phase II) RECOMMENDATION: 34.1 Accept the surety bonds and agreement from Wolf Creek Development, LLC to improve perimeter slopes and parkways along Wolf Creek Drive (South). 35 Community Services Guide to Leisure Activities Brochure RECOMMENDATION: 35.1 Award an Amendment to the Agreement with Graphics Unlimited Lithography, Inc. to extend the term of the Agreement to June 30, 2007, to increase the number of brochure copies, and to include a cultural arts insert for an additional amount of $19,739. R:\Minutes\111406 2 36 Patricia H. Birdsall Sports Park Fees RECOMMENDATION: 36.1 Adopt a resolution entitled: RESOLUTION NO. CSD 06-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA APPROVING A FEE SCHEDULE FOR THE USE OF THE PATRICIA H. BIRDSALL SPORTS PARK MOTION: Director Washington moved to approve the Consent Calendar. Director Roberts seconded the motion and electronic vote reflected unanimous approval. CSD DEPARTMENTAL REPORT 37 Community Services Department Monthly Report Director of Community Services Parker invited the public to attend the 9th Annua/ Tree Lighting Ceremony to be held at the Temecula Duck Pond on Thursday, November 30, 2006, from 7:00 p.m. to 8:00 p.m.; and Santa's E/ectric Light Parade on Friday, December 1, 2006, at 7:00 p.m. on Jefferson Avenue between Del Rio Road and Overland Drive. CSD GENERAL MANAGER'S REPORT No additional comment. CSD BOARD OF DIRECTORS REPORTS No additional comments. CSD ADJOURNMENT At 10:00 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, November 28, 2006, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL R:\Minutes\111406 3 ITEM NO. 16 Approvals City Attorney Director of Finance City Manager V 1JJ2. ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: November 28, 2006 SUBJECT: Financial Statements for the Three Months Ended September 30, 2006 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the three months ended September 30, 2006. BACKGROUND: The attached Financial Statements reflectthe unaudited activity of the Community Services District for the three months ended September 30, 2006. Please see the attached Financial Statements for an analytical review of financial activity. FISCAL IMPACT: None. ATTACHMENTS: Combining Balance Sheet as of September 30, 2006 Statement of Revenues, Expenditures and Changes in Fund Balance for the three months ended September 30, 2006 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of September 30, 2006 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 2006 (Unaudited) Prepared by the Finance Department T emecula Community Services District Combining Balance Sheet As of September 30, 2006 Parks & Service Service Service Recreation Level B Level C Level D Assets: Cash and investments $ 744,330 $ 64,169 $ 11 ,892 $ 59,391 Receivables 134,145 1,086 2,728 790 Due from other fnnds Total assets $ 878,475 $ 65,255 $ 14,620 $ 60,181 Liabilities and fnnd balances: Liabilities: Due to other fnnds Other current liabilities $ 366,929 $ 251 $ 163,528 $ 52,644 366,929 251 163,528 52,644 Fnnd balances: Reserved Designated 511,546 65,004 (148,908) 7,537 Total fund balances 511,546 65,004 (148,908) 7,537 Total liabilities and fnnd balances $ 878,475 $ 65,255 $ 14,620 $ 60,181 Please note that these balances are unaudited T emecula Community Services District Combining Balance Sheet As of September 30, 2006 Service Service Debt Level R Level L Library Service Iotal Assets: Cash and investments $ 31,316 $ 307,7 82 $ 414 $ 382,035 $ 1,601,329 Receivables 250 2,905 54 141,958 Due from other fnnds Total assets 31,566 $ 310,687 $ 414 $ 382,089 $ 1,743,287 Liabilities and fnnd balances: Liabilities: Due to other fnnds Other current liabilities $ 2,225 $ 585,577 2,225 585,577 Fnnd balances: Reserved 382,089 Designated 31,566 308,462 414 775,621 Iotal fund balances 31,566 308,462 414 382,089 1,157,710 Total liabilities and fnnd balances 31,566 $ 310,687 414 $ 382,089 $ 1,743,287 Please note that these balances are unaudited 2 T emecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Three Months Ended September 30, 2006 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Special tax $ 3,050,122 (I) TCSD adrnin fee credit/"REST" 5,553,415 $ 1 ,388,354 $ 1 ,388,354 25% Recreation programs 1,215,400 401,986 401,986 33% Investment interest 6,000 8,048 8,048 134% (2) Development services 133,180 14,060 14,060 11% (3) Lease Income 35,760 9,235 9,235 26% Reimbursements/CIP 35,000 0"10 (4) Total Revenues 10,028,877 1,821,683 1,821,683 18% Expenditures: Parks, medians and arterial street lighting 5,942,424 1,108,463 650,966 1,759,429 30"10 (5) Seniors 209,610 48,210 14,831 63,041 30% Community Recreation Center (CRC) 510,514 120,265 24,149 144,414 28% Recreation programs 71 0,766 259,225 28,722 287,947 41% (5) Temecula Community Center (TCC) 187,290 34,950 12,849 47,799 26% Museum 236,279 62,209 19,647 81,856 35% Aquatics 579,642 194,742 21,590 216,332 37% Sports 294,033 43,055 25,466 68,521 23% Children's Museum 269,736 74,255 19,263 93,518 35% Community Theater 835,522 278,7 63 60,425 339,188 41% (5) Cultural Arts 158,507 42,675 2,425 45,100 28% Total Expenditures 9,934,323 2,266,812 880,333 3,147,145 32% Revenues Over/(Under) Expenditures 94,554 (445,129) Operating Transfers Out 501,500 375,000 Revenues Over/(Under) Expenditures and Operating Transfers (406,946) (820,129) Beginning Fund Balance, July 1, 2006 1,331,675 1,331,675 Ending Fund Balance, Sept 30, 2006 $ 924,729 $ 511,546 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than originally projected. 3) The variance is due to the timing of plan checks fees and inspections collected during this quarter. 4) The variance is due to no capital project allocation for Landscape maintenance inspectors during this quarter. 5) The variance in recreations programs is due to encumbrances for special events and outside services that are recorded for the entire year during this quarter. 3 T emecula Community Services District Service Level B - Residential Street Lights Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Three Months Ended September 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Assessments $ 617,617 (I) Investment Interest 800 $ 1,141 $ 1,141 143% (2) Street lighting fees 8,200 6,948 6,948 85% (3) 1vIiscellaneous 400 Total Revenues 627,017 8,089 8,089 1% Expenditures: Salaries & Wages 6,123 1,519 1,519 25% Street lighting 673,000 102,854 102,854 15% (4) 1vIiscellaneous 24,900 Total Expenditures 704,023 104,373 104,373 15% Revenues Over/(Under) Expenditures (77 ,006) (96,284) Beginning Fund Balance, July 1, 2006 161,288 161,288 Ending Fund Balance, Sept 30, 2006 $ 84,282 $ 65,004 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than originally projected. 3) The increase in street lighting fees is due to the timing of developers pulling permits for estimated lighting fees for the fiscal year. 4) The variance is to only 2 months posted for Street lighting during this quarter. 4 T emecula Community Services District Service Level C - Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Three Months Ended September 30, 2006 Annual Amended YTD Total Percent Budget Activity Encumbrances Activity of Budget Revenues: Assessments $ 1,333,446 (I) Investment interest 1,200 $ 861 $ 861 72% (2) Plan check and inspections 30,000 2,500 2,500 8% (3) Total Revenues 1,364,646 3,361 3,361 Expenditures: Salaries and wages 235,350 62,161 62,161 26% Landscape maintenance 792,000 117,942 245,810 363,752 46% (4) Utilities 330,000 127,659 127,659 39% (5) Other expenditures 113,900 6,522 39,146 45,668 40% (4) Total Expenditures 1,471,250 314,284 284,956 599,240 41% Revenues Over/(Under) Expenditures (106,604) (310,923) Beginning Fund Balance, July 1, 2006 162,015 162,015 Ending Fund Balance, Sept 30, 2006 $ 55,411 $ (148,908) Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than originally projected. 3) The variance in plan check and inspection fees is due to the timing of developers pulling permits. 4) The variance is primarily due to encumbrances that are recorded for landscape maintenance and consulting services for the remainder of the year. 5) Utilities costs were higher than anticipated due to more than anticipated water meter usage for landscape and slope maintenance during the summer. 5 T emecula Community Services District Service Level D - Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Three Months Ended September 30, 2006 Arumal Amended YTD Total Percent Budget Activity Encurnbr. Activity of Budget Revenues: Assessments $ 4,882,790 0% (I) Grants 21,800 $ 21,841 $ 21,841 100% (2) Investment interest 1,000 730 730 73% (3) Recycling Program 5,000 (4) Total Revenues 4,910,590 22,571 22,571 Expenditures: Salaries and wages 46,060 11,177 11,177 24% Refuse hauling 4,812,486 0% (5) Other expenditures 60,202 14,161 $ 1,950 16,111 27% Total Expenditures 4,918,7 48 25,338 1,950 27,288 1% Revenues Over/(Under) Expenditures (8,158) (2,767) Beginning Fund Balance, July 1, 2006 10,304 10,304 Ending Fund Balance, Sept 30, 2006 $ 2,146 $ 7,537 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The recycling grant was received in August of this fiscal year. 3) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than originally projected. 4) The CR & R recycling grant is scheduled to be received by January of this fiscal year. 5) Refuse hauling payments are made semi-annually in January and Jnne of each fiscal year. 6 T emecula Community Services District Service Level R - Streets and Roads Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Three Months Ended September 30, 2006 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $ 9,476 (I) Investment interest 100 $ 264 $ 264 264% (2) Total Revenues 9,576 264 264 3% Expenditures: Emergency Street 1.1aintenance 12,100 $ 6,000 6,000 50"10 (3) Other expenditures 100 Total Expenditures 12,200 6,000 6,000 49% Revenues Over/(Under) Expenditures (2,624) 264 Beginning Fund Balance, July 1, 2006 31,302 31,302 Ending Fund Balance, Sept 30, 2006 $ 28,678 $ 31,566 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than originally projected. 2) The variance in Street Maintenance is due to encumbrances that are recorded for the entire fiscal year. 7 T emecula Community Services District Service Level L -Lake Park 1.1aintenance Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Three Months Ended September 30, 2006 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $ 213,232 $ 1,000 $ 1,000 0% (I) Investment interest 500 2,855 2,855 571 % (2) Total Revenues 213,732 3,855 3,855 2% Expenditures: Salaries & Wages 27,632 6,931 6,931 25% Lake maintenance 51,700 7,120 $ 14,239 21,359 41% (3) Other expenditures 134,400 32,981 44,057 77,038 57% (3) Total Expenditures 213,732 47,032 58,296 105,328 49% Revenues Over/(Under) Expenditures (43,177) Beginning Fund Balance, July 1, 2006 351,639 351,639 Ending Fund Balance, Sept 30, 2006 $ 351,639 $ 308,462 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than originally projected. 3) The variance is due to encumbrances that are recorded for maintenance and outside services for the remainder of the year. 8 T emecula Community Services District T emecula Library Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Three Months Ended September 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: TCSD adrnin fee credit/"REST" $ 1,275,439 $ 7,000 $ 7,000 1% (I) Library Concessions 16,800 (I) Library Facilities Rental 25,000 (I) Library Services 168,375 (I) Total Revenues 1,485,614 7,000 7,000 Expenditures: Salaries & Wages 25,395 (I) Other expenditures 1,460,219 6,586 6,586 (I) Total Expenditures 1,485,614 6,586 6,586 Revenues Over/(Under) Expenditures 414 Beginning Fund Balance, July 1, 2006 Ending Fund Balance, Sept 30, 2006 $ $ 414 Notes: 1) The Library grand opennig day for the public is scheduled for December 14, 2006. 9 T emecula Community Services District Debt Service Frmd Statement of Revenues, Expenditures and Changes in Frmd Balance - Budget and Actual For the Three Months Ended September 30, 2006 Armual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment interest $ 59 $ 59 Operating transfers in $ 501,500 375,000 375,000 75% (I) Total Revenues 501,500 375,059 375,059 75% Expenditures: Debt service - principal 250,000 (2) Debt service - interest 245,200 (2) Other expenditures 6,800 $ 6,350 6,350 93% (3) Total Expenditures 502,000 6,350 6,350 1% Revenues Over/(Under) Expenditures (500) 375,059 Beginning Fund Balance, July 1, 2006 7,030 7,030 Ending Fund Balance, Sept 30, 2006 $ 6,530 $ 382,089 Notes: 1) The operating transfer is processed this quarter for principal and interest payment due in October. 2) Debt service principal and interest are scheduled to paid on October 1,2006. 3) The variance is primarily due to encumbrances that are recorded for Trustees Fees services for the entire year. 10 ITEM NO. 17 Approvals City Attorney Director of Finance City Manager ~ IJIL au...- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 28, 2006 SUBJECT: Fourth Amendment to the Midori Gardens, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors approve the Fourth Amendment with Midori Gardens, Inc., to provide a 3.4% Consumer Price Index (CPI) price increase and allow for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $867,922.35 plus a 10% contingency. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Midori Gardens, Inc. to provide landscape maintenance services for neighborhood parks in the amount of $360,000.00 annually. The First Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $411,600.00 which provided for an annual 3% CPI increase and allowed for continued landscape maintenance services of neighborhood parks. The Second Amendmentwas approved on June 28, 2005 in the amount of$71 ,574.00 to authorize the addition of the Redhawk Park Sites (A, B, E, F) and general maintenance of the tennis courts at the Temecula Valley High School through December 31,2005. The Third Amendment was approved on November 22, 2005 in order to authorize the annual expenditure of$659,383.00 which provided for an annual 4.7% CPI price increase and to allow for continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through December 31,2006. The Fourth Amendment is now requested to authorize the annual expenditure of $867,922.35 to provide for an annual 3.4% CPI price increase and to allow for continued landscape maintenance services for neighborhood parks Patricia H. Birdsall Sports Park new and supplemental landscape maintenance areas through December 31, 2007. The original contract allows for an annual price adjustment based upon the CPI for the Riverside County area on January 1" of each year for the term of the agreement. Based upon a projected CPI increase for the Riverside County Area of 3.4%, Midori Gardens has requested and staff is recommending an annual price increase of 3.4% to their Maintenance Services Contract. Midori Gardens, Inc. continues to provide consistent satisfactory landscape maintenance services throughout our neighborhood parks. Due to their proven performance and the increased cost of labor and materials for other services staff feels that their request for 3.4% increase is justified. FISCAL IMPACT: The cost of the Fourth Amendment for services to be provided through December 31, 2007 is $867,922.35 plus an additional ten percent (10%) contingency. While the agreement period is on a calendar basis, there are sufficient funds in the TCSD Budget through June 30, 2007 in the following accounts: 190-180-999-5415 190-180-999-5212 196-180-999-5415 196-180-999-5212 ATTACHMENTS: 1) Amendment No 4. FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND MIDORI GARDENS, INC. FOR MAINTENANCE SERVICES THIS FOURTH AMENDMENT is made and entered into as of November 28, 2006 by and between the Temecula Community Services District, a municipal corporation ("City") and Midori Gardens, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $360,000 annually. B. The first amendment was approved on December 14, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $411,600.00 C. The second amendment was approved on June 28, 2005 in the amount of $71,574.00 to authorize the addition of the Redhawk Park Sites (A, B, E, F) and general maintenance of the tennis courts at the Temecula Valley High School. D. The third amendment was approved on November 22, 2005 to increase the payment for the annual 4.7% Consumer Price Index (CPI) adjustment and for additional services in the amount of $659,383.00 and amend the Agreement as set forth in this Amendment. E. The parties now desire to increase the payment for the annual 3.4 % Consumer Price Index (CPI) adjustment and for additional services in the amount of $867,922.35 and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2008. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT". of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payments rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The fourth amendment amount shall not exceed Eight Hundred Sixty Seven Thousand Nine Hundred Twenty Two and 35/100 dollars ($867,922.35) through December 31,2007. The total contract amount is Two Million Three Hundred Seventy Thousand Four Hundred Seventy Nine and 35/100 dollars ($2,370,479.35) All subsequent years of this Agreement may be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1" of each year for the term of this Agreement unless additional payment or change order is approved as c:\ WINDOWS\apsdoc\nettemp\4948 $ASQpdf827694.doc provided in this Agreement". The City Manager may approve additional payment up to ten (10%) of the agreement. 4. Except for the changes specifically set forth herein, all other terms and condition of the Agreement shall remain in full force and effect. ////// c:\ WINDOWS\apsdoc\nettemp\4948 $ASQpdf827694.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Midori Gardens, Inc. 3231 S. Main Street Santa Ana, CA 92707 (714)751-8792 (phone) (714)751-4167 (fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) c:\ WINDOWS\apsdoc\nettemp\4948 $ASQpdf827694.doc EXHIBIT A Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site # Site Name Monthly Price Annual Price P-1 Veterans Park $ 1,579.75 $ 19,601.54 P-2 Sam Hicks Monument Park 1,760.61 21,127.35 P-3 Calle Aragon Park 145.25 1,742.95 P-4 Bahia Vista Park 145.25 1,742.95 P-5 Loma Linda Park 1,320.46 15,845.51 P-6 Riverton Park 2,200.77 26,409.19 P-7 John Magee Park 440.14 5,281.71 P-9 Voorburg Park 110.03 1,320.34 P-10 Nicolas Road Park 1,320.46 15,845.51 P-11 Butterfield Stage Park 1,320.46 15,845.51 P-12 T emecula Duck Pond 3,081.07 36,972.86 P-13 Rotary Park 264.08 3,169.00 P-14 Nakayama Park 110.03 1,320.34 P-15 Winchester Creek Park 1,760.61 21,127.35 P-16 Long Canyon Creek Park 1,376.21 16,514.55 P-17 Vail Ranch Park 6,778.08 81,336.92 P-18 Stephen Michael Linen Jr. Memorial Park 880.30 10,563.55 P-19 Pablo Apis Park 880.30 10,563.55 P-20 Crowne Hill Park 1,584.53 19,014.39 P-21 Meadows Park 2,200.77 26,409.19 P-22 Pauba Ridge 2,200.77 26,409.19 P-23 Serena Hills Park 1,430.49 17,165.85 P-24 Harveston Lake Park 3,680.83 44,170.00 SS-1 Via Eduardo Streetscape 140.07 1,680.79 FC-1 Nada Lane 111.51 1,338.08 T-1 Santa Gertrudis Trail 256.46 3,077.56 P-25 Sunset Park 787.04 9,444.47 P-26 Paseo Gallante Park 884.47 10,613.68 P-27 Temecula Creek Trail Park 3,513.03 42,156.30 P-28 Redhawk Community Park 7,091.02 85,092.20 SP-8 Patricia H. Birdsall Sports Park 15,510.00 186,120.00 SC-4 Temecula Valley High School Tennis Court 638.73 7,664.79 P-29 Wolf Creek Linear Park (North) 1,582.02 18,984.24 *P-29A Wolf Creek Linear Park (South) 1,830.18 21,962.16 *P-30 Wolf Creek Neighborhood Park 3,122.68 37,472.16 c:\ WINDOWS\apsdoc\nettemp\4948 $ASQpdf827694.doc *T-2 Temecula Creek Village Trail (* Supplemental Area) c:\ WINDOWS\apsdoc\nettemp\4948 $ASQpdf827694.doc EXHIBIT A (Continued) TOTAL 234.72 2,816.62 $ 72.326.86 $ 867.922.35 Authorized Signature Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. Includes trash removal). c:\ WINDOWS\apsdoc\nettemp\4948 $ASQpdf827694.doc Price per Square Foot Monthly Annually NOBID sq. ft. .0103 .123 sq. ft. .0155 .186 sq. ft. NOBID sq. ft. NOBID sq. ft. .0072 .086 sq. ft. NOBID per field NOBID per field Authorized Signature Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) 1. Mowing (Including bagging of clippings) 2. Edging 3. String Trimming 4. Aerification (Core/3") 5. Aerification (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement only) 9. Materials (Fertilizer, Soil Amends) Unit Cost $ .0244 .0055 .0053 .0005 .0078 21.15 33.40 .0007 20% II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) $ 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. Pruning/Trees (To 18') 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) .0055 .0166 .0334 55.68 21.15 33.40 .0007 .0334 20% III. Plant Material (Installed. all areas) 1. Annual Color (4" Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon 6. 24" Box Tree 7. Seeded Turf 8. Sodded Turf 9. Hydroseed 10. Soil Preparation (Existing area) 11. Soil Preparation (New area) 12. Wood Mulch $ 1.737 17.81 6.68 17.81 72.38 278.40 .3340 1.113 .6680 .3340 .4446 55.68 IV. Irrigation System Maintenance $ 27.83 27.83 20% 1. Inspection 2. Repair (Main line, Lateral line, Sprinklers) 3. Parts V. General Pest Control 1. Written Recommendation by PCA $ 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material 66.81 38.97 27.83 20% c:\ WINDOWS\apsdoc\nettemp\4948 $ASQpdf827694.doc sq. ft. linear ft. linear ft. sq. ft. sq. ft. per man hr. per man hr. sq. ft. mark-up linear ft. sq. ft. sq. ft. each per man hr. per man hr. sq. ft. sq. ft. mark-up each flat each each each each sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. cu. yd. (applied) per hr. per hr. mark-up each per hr. per hr. mark-up ITEM NO. 18 Approvals City Attorney Director of Finance City Manager fM<~ /112. (J(L,. TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 28, 2006 SUBJECT: Fourth Amendment to the Excel Landscape, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Maintenance Coordinator RECOMMENDATION: That the Board of Directors approve the Fourth Amendmentwith Excel Landscape, Inc., to provide a 3.4% Consumer Price Index (CPI) price increase and allow for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $1 ,721 ,107.00 plus a 10% contingency. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Excel Landscape, Inc. to provide landscape maintenance services for medians, facilities and the south slope areas in the amount of $480,350.00 annually. The First Amendment was approved on May 11 , 2004 in order to increase payment in the amount of $406,205.00 for the addition of landscape maintenance services of sports parks, north slope areas and to allow for the addition of supplemental landscape services. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1 ,397,340.00 which provided for an annual 3% CPI price increase and allowed for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. The Third Amendment was approved on November 22, 2005 in order to authorize the annual expenditure of $1,833,238.00 which provided for an annual4. 7% CPI price increase and to allow for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through December 31, 2006. The Fourth Amendment is now requested to authorize the annual expenditure of $1 ,721 ,107.00 to provide for an annual 3.4% CPI price increase and to allow for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new supplemental landscape maintenance areas through December 31,2007. The original contract allows for an annual price adjustment based upon the CPI for the Riverside County area on January 1" of each year for the term of the agreement. Based upon a projected CPI increase for the Riverside County Area of 3.4%, Excel Landscape has requested and staff is recommending an annual price increase of 3.4% to their Maintenance Services Contract. Excel Landscape continues to provide satisfactory landscape maintenance services throughout our city. Due to their proven performance and the increased cost of labor and materials for other services staff feels that their request for 3.4% increase is justified. FISCAL IMPACT: The cost of the Fourth Amendment for services to be provided through December 31,2007 is $1 ,721,107.00 plus an additional ten percent (10%) contingency. While the agreement period is on a calendar basis, there are sufficient funds in the TCSD Budget through June 30, 2007 in the following accounts: 190-180-999-5415 193-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 197-180-999-5415 190-185-999-5415 190-188-999-5415 190-189-999-5415 340-701-199-5415 340-702-199-5415 ATTACHMENTS: 1) Amendment No 4. FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE INC. FOR MAINTENANCE SERVICES THIS FOURTH AMENDMENT is made and entered into as of November 28, 2006 by and between the Temecula Community Services District, a municipal corporation ("City") and Excel Landscape Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $480,350.00 annually. B. The First Agreement was approved on May 11, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $406,205.00 through December 31, 2004. C. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1,397,340.00 for landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. D. The Third Amendment was approved on November 22, 2005 to increase the payment for the annual 4.7% Consumer Price Index (CPI) adjustment and for additional services in the amount of $ 1,833,238.00 and amend the Agreement as set forth in this Amendment. E. The parties now desire to increase the payment for the annual 3.4% Consumer Price Index (CPI) adjustment and for additional services in the amount of $1,721.107.00 and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2008. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT". of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The forth amendment amount shall not exceed One Million Seven Hundred Twenty One Thousand One Hundred Seven and 00/100 dollars ($1,721,107.00) through December 31,2007. The total contract amount is Five Million Eight Hundred Thirty Eight Thousand Two Hundred Forty and 00/100 dollars ($5,838,240.00) All subsequent years of this three (3) year agreement shall C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1 st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement". The City Manager may approve additional payment up to ten percent (10%) of the agreement. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. //// C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. Jose Alfaro, President 710 Rimpau Ave, Suite 108 Corona CA 92879 (909) 735-9650 (909) 735-0469 (Fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SPORTS PARKS/SCHOOL SITES SERVICE AREA Site # Site Name Monthly Price Annual Price SP-1 Ronald Reagan Sports Park $11,046.82 $132,561.86 SP-2 Paloma Del Sol Park $ 4,812.14 $ 57,745.72 SP-3 Pala Community Park $ 2,995.54 $ 35,946.47 SP-4 Kent Hintergardt Park $ 4,557.74 $ 54,692.85 SP-5 Margarita Community Park (TES) $ 4,324.97 $ 51,899.69 SP-6 Temeku Hills Park $ 4,822.97 $ 57,875.63 SP-7 Harveston Community Park $ 8,166.60 $ 101,331.17 SC-1 Temecula Middle School $ 469.84 $ 5,638.07 SC-3 James L. Day Middle School $ 560.70 $ 6,729.35 SC-6 Vail Ranch Middle School $ 934.28 $ 11,211.37 SC-7 Paloma Elementary School $ 934.28 $ 11,211.37 SC-8 Pauba Valley Elementary School $ 467.68 $ 5,612.14 TOTAL $44.371.31 $532.455.69 Authorized Signature C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc Site # M-01 M-02 M-03 M-04 M-05 M-06 M-07 M-08 M-09 M-10 M-11 M-12 M-13 FW-1 *M-03A M-10A *M-14 *M-15 *M-16 *M-17 EXHIBIT A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site Name Rancho California Road Medians Ynez Road Medians (includes Solana Way) Butterfield Stage Road Medians Margarita Road Medians (North) Margarita Road Medians (South) Winchester Road at Jefferson Median Pechanga Parkway Medians Meadows Parkway Medians (North) Paseo Del Sol Medians Harveston Medians (Date St/Margarita Rd) Jefferson Avenue Medians Overland Drive Medians/Bridge Redhawk Medians Interstate 15 Butterfield Stage Road Medians (Crowne Hill) Harveston Medians (Date St / Ynez Rd) 79 South Medians Wolf Valley Road Median Diaz Road Median / Parkway Meadows Parkway Medians (South) (*Supplemental Area) TOTAL C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc Monthly Price $ 684.20 $ 740.50 $ 163.48 $ 767.62 $ 163.48 $ 163.48 $ 163.48 $ 767.56 $ 767.56 $1372.74 $ 162.39 $ 270.65 $ 541.30 $4,105.32 $ 506.66 $ 1240.80 $ 2,084.75 $ 40.33 $ 603.86 $ 175.78 $ 15.485.91 Annual Price $ 8,210.37 $ 8,885.99 $ 1,961.70 $ 9,211.45 $ 1,961.70 $ 1,961.70 $ 1,961.70 $ 9,210.71 $ 9,210.71 $16,472.86 $ 1,948.68 $ 3,247.79 $ 6,495.59 $49,263.85 $ 6,079.92 $ 14,889.60 $ 25,017.00 $ 483.91 $ 7.246.27 $ 2,109.36 $ 185.830.88 Authorized Signature EXHIBIT A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthly Price Annual Price F-1 Community Recreation Center $ 1,929.19 $ 23,150.23 F-2 Mary Phillips Senior Center $ 636.57 $ 7,638.86 F-3 City Hall/Maintenance Facility $ 1,561.10 $18,733.23 F-4 Temecula Community Center $ 407.05 $ 4,884.66 F-5 Fire Station #84 $ 625.75 $ 7,508.95 F-6 Old Town Temecula / Gate Way $ 2,351.24 $18,222.24 F-10 Temecula Children's Museum $ 334.52 $ 4,014.24 F-12 Temecula Community Theater $ 87.98 $ 1,054.68 F-13 Temecula Public Library $ 1,206.08 $ 14,472.96 *F 14 Roripaugh Ranch Fire Station $ 496.32 $ 5,955.84 *F 15 Wolf Creek Fire Station $ 444.62 $ 5,335.44 F-20 Fire Station #92 $ 198.11 $ 2,377.37 F-22 Fire Station #73 $ 204.60 $ 2,455.20 (*Supplemental Area) TOTAL $ 10.483.66 $ 125.803.89 Authorized Signature C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site # Site Name Monthly Price Annual Price S-3 Rancho Highlands $ 1,617.22 $19,408.84 S-8 The Villages A and B $ 7,220.93 $ 86,651.14 S-12 Vintage Hills $ 4,729.87 $ 56,758.41 S-13 Presley (Viranda, Country Glen, Bridlevale) $ 1,469.09 $17,629.04 S-16 Tradewinds $ 941.86 $11,302.32 S-20 Crowne Hill $ 1,491.82 $17,901.89 S-20A Crowne Hill (Phase 2 & 3) $ 4,969.12 $ 59,629.50 S-21 Vail Ranch $11,221.13 $134,653.60 S-23 Pheasant Run $ 290.14 $ 3,481.68 S-26 Gallery Homes Traditions $ 173.22 $ 2,078.59 'S-28 Wolf Creek (North) $ 1,240.80 $ 14,889.60 'S-28A Wolf Creek (South) $ 889.24 $ 10,670.88 'S-28B Wolf Creek Channel $ 6,896.78 $ 82,761.36 'S-29 Gallery Homes Portraits $ 113.74 $ 1,364.88 TOTAL $ 43.265.15 $ 519.181.74 ('Supplemental Area) Authorized Signature C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (NORTH) Site # Site Name Monthly Price Annual Price S-1 Saddlewood/Pavillion Point $ 2,554.93 $ 30,659.18 S-2 Winchester Creek I and II $ 1,705.10 $ 20,461.16 S-4 The Vineyards $ 370.17 $ 4,442.93 S-5 Signet Series $ 3,904.93 $ 46,859.18 S-6 Woodcrest Country $ 893.15 $ 10,717.78 S-7 Ridgeview $ 1,057.70 $ 12,692.39 S-9 Rancho Solana $ 64.96 $ 779.47 S-10 Martinique $ 318.29 $ 3.819.43 S-11 Meadowview Estates $ 203.53 $ 2,442.39 S-14 Mirada $ 577.02 $ 6,924.28 S-15 Barclay Estates $ 601.92 $ 7,223.07 S-17 Monte Vista $ 89.85 $ 1,078.26 S-18 Temeku Hills $ 5,043.82 $ 60,525.85 S-19 Campos Verdes $ 2,421.77 $ 29,061.27 S-22 Sutton Place/Lennar $ 251.16 $ 3,013.90 S-24 Harveston (Phase I) $ 2,732.48 $ 32,789.75 S-24A Harveston (Phase 2) $ 4,034.67 $ 48,416.02 S-25 Serena Hills $ 2,185.76 $ 26,229.15 S-27 Richmond American (26828) $ 361.59 $ 4,339.08 *S-30 Valdemosa $ 446.69 $ 5,360.26 TOTAL $29.819.57 $357 .834.81 (*Supplemental Area) Authorized Signature C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc EXHIBIT A Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat and Sun. Includes trash removal). Price per Square Foot Monthly Annually .0127 .1476 sq. ft. .0103 .1236 sq. ft. .0083 .0996 sq. ft. .0155 .1860 sq. ft. .0155 .1860 sq. ft. .0041 .0492 sq. ft. 1,076.39 12,916.68 per fld. *1,032.95 12,395.52 per fld. * Up to three (3) fields for same amount. C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc Authorized Signature Plant Material (Installed. all areas) 1. Annual Color (4" Container) $ 1.670 each 2. Ground Cover 22.37 flat 3. One (1) Gallon 6.66 each 4. Five (5) Gallon 20.03 each 5. Fifteen (15) Gallon 83.51 each 6. 24" Box Tree 222.72 each 7. Seeded Turf .1670 sq. ft. 8. Sodded Turf .9461 sq. ft. 9. Hydroseed .1114 sq. ft. 10. Soil Peparation (Existing area) .2227 sq. ft. 11. Soil Preparation (New area) .1670 sq. ft. 12. Wood Mulch 38.97 cu. yd. Irriqation System Maintenance 1. Inspection $ 44.54 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 38.97 per hr. 3. Parts 20% mark-up General Pest Control 1. Written Recommendation by PCA $ 222.72 each 2. Qualified Applicator (QAC) 50.10 per hr. 3. Trained Applicator 38.97 per hr. 4. Material 20% mark-up EXHIBIT A Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) 1. Mowing (Including bagging of clippings) 2. Edging 3. String Trimming 4. Aerification (Core/3") 5. Aerification (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement only) 9. Materials (Fertilizer, Soil Amends) Unit Cost $ .0022 .0055 .1114 .0022 N/A 22.27 38.97 .0010 20% II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) $ 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. Pruning/Trees (To 18') 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) .1670 .0222 .0445 44.54 22.27 38.97 .0022 .0207 20% III. IV. V. C.\WllmO"WS\apsdocmettemp\5016\$ASQpdfB27692.doc sq. ft. linear ft. linear ft. sq. ft. sq. ft. per man hr. per man hr. sq. ft. mark-up linear ft. sq. ft. sq. ft. each per man hr. per man hr. sq. ft. sq. ft. mark-up ITEM NO. 19 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY NOVEMBER 14, 2006 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 10:00 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 38 Minutes RECOMMENDATION: 38.1 Approve the minutes of October 10, 2006. MOTION: Agency Member Washington moved to approve the Consent Calendar. The motion was seconded by Agency Member Comerchero and the electronic vote reflected unanimous approval. RDA BUSINESS 39 Issuance of Two Series of Tax Allocation Bonds by the Redevelopment Aqency of the City of Temecula for the Temecula Redevelopment Proiect NO.1 39.1 Adopt a resolution entitled: RESOLUTION NO. RDA 06-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE ISSUANCE AND SALE OF TWO SERIES OF TAX ALLOCATION BONDS IN CONNECTION WITH TEMECULA REDEVELOPMENT PROJECT NO.1, AND APPROVING RELATED DOCUMENTS AND ACTIONS MOTION: Agency Member Comerchero moved to approve the staff recommendation, including the adoption of Resolution No. RDA 06-10. The motion was seconded by Agency Member Roberts and the electronic vote reflected unanimous approval. R:\Minutes\111406 RDA DEPARTMENTAL REPORT 40 Redevelopment Aqencv Departmental Report 40.1 Redevelopment Department Monthly Report No additional comments. RDA EXECUTIVE DIRECTOR'S REPORT No additional comment. RDA AGENCY MEMBERS' REPORTS No additional comments. RDA ADJOURNMENT At 10:02 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, November 28, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\111406 2 REDEVELOPMENT AGENCY ITEM NO. 20 Approvals City Attorney Director of Finance City Manager ~ OIZ ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Genie Roberts, Director of Finance DATE: November 28, 2006 SUBJECT: Financial Statements for the Three Months Ended September 30, 2006 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager That the Board of Directors: RECOMMENDATION: 1. Receive and file the Financial Statements for the three months ended September 30, 2006. 2. Approve an appropriation of $120,000 for Debt Service Interest in the Debt Service Fund. BACKGROUND: The attached Financial Statements reflectthe unaudited activity of the Redevelopment Agency for the three months ended September 30, 2006. Please see the attached Financial Statements for an analytical review of financial activity. The additional budget request for Debt Service Interest is a result of accrued interest from the 6th Street Promissory Note. FISCAL IMPACT: ATTACHMENTS: None Combining Balance Sheet as of September 30, 2006 Statement of Revenues, Expenditures and Changes in Fund Balance for the three months ended September 30, 2006 TEMECULAREDEVELOPMENTAGENCY Combining Balance Sheet as of September 30, 2006 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 2006 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of September 30, 2006 Low/Mod CIP Debt Fund Fund Service Total Assets: Cash and investments $ 9,472,061 $ 571,076 $ 1,815,126 $ 11,858,263 Receivables 1,028,553 279,291 16,423 1,324,267 Land held for resale 98,484 98,484 Total assets $ 10,500,614 $ 948,851 $ 1,831,549 $ 13,281,014 Liabilities and fimd balances: Liabilities: Due to other flUlds Other current liabilities $ 356,812 $ 25,920 $ 1,700,556 $ 2,083,288 Deferred revenue 596,672 125,000 721,672 Total liabilities 953,484 150,920 1,700,556 2,804,960 FlUld balances: Reserved 9,547,130 797,931 130,993 10,476,054 Designated Undesignated Total fund balances 9,547,130 797,931 130,993 10,476,054 Total liabilities and fund balances $ 10,500,614 $ 948,851 $ 1,831,549 $ 13,281,014 Please note that these balances are lUlaudited City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Three Months Ended September 30, 2006 Annual Amended YTD Total Percent Budget Activity EnclUllbr. Activity of Budget Revenues: Property tax increment $ 2,822,210 $ 5,783 $ 5,783 0% (1) Investment interest 100,000 86,845 86,845 87% (2) Rental income 126,000 (3) Forgivable Loan Repayment/Misc 45,000 33,711 33,711 75% (4) Reimbursements 2,690,295 (5) Total Revenues 5,783,505 126,339 126,339 2% Expenditures: Salaries and benefits 311,117 77,118 77,118 25% Operating and administrative expenditures 408,314 41,928 $ 55,774 97,702 24% Homebuyer programs 300,000 0% (6) Affordable housing / future obligation 305,000 305,000 305,000 100% (7) Residential rehabilitation programs 391,862 66,438 74,645 141,083 36% (8) Affordable housing -Pujol Neighbor 250,000 0% (9) Old Town Mixed Use 961 961 961 100% Temecula Education Center 2,818,491 48,252 879,972 928,224 33% (10) Old Town Mixed Use- Dalton 2 3,000,000 0% (9) Total Expenditures 7,785,745 538,736 1,011,352 1,550,088 20% Revenues Over/(Under) Expenditures (2,002,240) (412,397) Beginning Fund Balance, July 1, 2006 9,959,527 9,959,527 Ending Fund Balance, Sept 30, 2006 $ 7,957,287 $ 9,547,130 Notes: 1) Property Tax incrementis received in January and May of this fiscal year. 2) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than estimated. 3) The annual rent from Temecula Gardens is expected to be received in April of this fiscal year. 4) The variance in forgivable loan is due to more than expected residential rehab loans refmanced during this quarter. 5) Reimbursement from R.C.W.D and Developer for the Education Center is expected to received in October of this fiscal year . 6) The variance in homebuyer programs is due to most applicants do not meet the requirements to participate in the program. 7) The variance is due to the annual contribution to :Mission Village Project rehabilitation made during this quarter. 8) The variance in residential rehabilitation programs is due to several affordable projects that were approved during this quarter. 9) Pujol neighbor housing and Dalton 2 projects have not yet started during this quarter. 10) The variance in Temecula Education Center, is due to enclUllbrances that are recorded for the remainder of the year. 2 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual Redevelopment Agency-CIP For the Three Months Ended September 30, 2006 Annual Amended YTD Total Budget Activity EnclUllbr. Activity Revenues: Investment interest $ 28,000 $ 6,042 $ 6,042 Loan interest 15,000 3,935 3,935 Reimbursements/Misc 10,000 10,000 10,000 Operating transfers in 2,800,000 200,000 200,000 Total Revenues 2,853,000 219,977 219,977 CapItal Projects Old Town Building Fa,ades 280-813 80,450 8,114 $ 40,477 48,591 Erie Stanley Gardner 280-834 88,202 2,064 2,979 5,043 Wireless Fidelity WIFI Hot Zone 280-839 19,960 18,600 18,600 Old Town Sixth Street Bollards 280-841 30,000 Operating Expenditures: Salaries and wages 174,353 36,517 36,517 Operating and administrative expenditures 385,443 82,132 99,559 181,691 Old Town plan implementation 192,282 51,200 51,200 Banner program 1,000 Total Expenditures 971,690 198,627 143,015 341,642 Revenues Over/CUnder) Expenditures 1,881,310 21,350 Beginning Fund Balance, July 1, 2006 776,581 776,581 Ending Fund Balance, Sept 30, 2006 $ 2,657,891 $ 797,931 Notes: 1) Reimbursement for Erie Stanley Gardner was received in September of this fiscal year. 2) Transfer in is done based on available cash balance from the Debt service fimd during this quarter. 3) The Old Town Building Facades variance is due to enclUllbrances that are recorded for the entire year. Wireless Fidelity project was completed during this quarter. The Erie Stanley Gardner project is in process. 4) The Old Town Sixth Street Bollards project has not yet started during this quarter. 5) The variance in operating expenditures is due to enclUllbrances that are recorded for the remainder of the year. 3 Percent of Budget 22% 26% 100% (1) 7% (2) 8% 60% (3) 6% (3) 93% (3) 0% (4) 21% 47% (5) 27% 0% 35% City ofTemecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in FlUld Balance - Budget and Actual Redevelopment Agency - Debt Service For the Three Months Ended September 30, 2006 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Property tax increment $ 11,288,840 $ 23,132 23,132 0% (1) Investment interest 40,000 17,919 17,919 45% (2) Total Revenues 11,328,840 41,051 41,051 0% Expenditures: Trustees adrnin fees 8,000 3,850 3,850 48% (3) Property Tax adrnin Fees 136,000 Pass-through agreements 7,876,560 16,543 16,543 0% (1) Debt service - principal 415,000 415,000 415,000 100% (4) Debt service - interest 1,361,161 711,950 711,950 52% (4) Total Expenditures 9,796,721 1,147,343 1,147,343 12% Revenues Over/CUnder) Expenditures 1,532,119 (1,106,292) Operating Transfers Out 2,800,000 200,000 Revenues Over/CUnder) Expenditures and Operating Transfers (1,267,881) (1,306,292) Beginning Fund Balance, July 1, 2006 1,437,285 1,437,285 Ending Fund Balance, Sept 30, 2006 $ 169,404 $ 130,993 Notes: 1) Property tax increment is received in January and May of each fiscal year. Pass-through agreements obligations are not paid lUltil January and May. 2) Interest earnings were conservatively estimated and due to interest rates holding longer than expected after seventeen straight increases, these earnings are higher than estimated. 3) Trustees adrnin fees for RDA Tabs are due in August of each fiscal year. 4) Debt service principal and interest are due in August of this fiscal year. 5) Transfer out is done based on available cash to Redevelopment Capital Project fimds during this quarter. 4 RDA DEPARTMENTAL REPORT ITEM NO. 21 Approvals City Attorney Director of Finance City Manager ~ IJIL (J(0 TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: November 28, 2006 SUBJECT: Redevelopment Departmental Monthly Report Attached for your information is the monthly report as of November 28,2006 for the Redevelopment Department. First Time Homebuyers Program Funding in the amount of $100,000 is available for FY 06 -07. Residential Improvement Programs The program budget for FY 06-07 is $350,000, with $119,120 funded on 18 units. The amount available to each participant is$7500. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to develop a home-ownership project within the Pujol Neighborhood. The project located on the northwest corner of Pujol and First Streets, will consist of 5 new single-family detached homes. The houses are arranged along Pujol Street and a private lane. The preliminary grading permit has been issued. Dalton Mixed-Use II On May 28, 2005, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project will consist of 24 units over 5,000 sq. ft. of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes. It is estimated that construction will be completed in February/March 2007. Dalton Mixed-Use III On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft. of retail/commercial. Vertical construction has begun with the installation of vertical steel. The project is located on the north side of Fifth Street, west of Mercedes. Temecula Education Center The City Council awarded the construction contract and approval of a soil excavation and temporary entry agreement with the Rancho California Water District for the Temecula Education Center Rough Grading on April 11, 2006. The grading process began on May 1, 2006. Public Works issued the gO-Day Notice/Letter to Agee Kading acknowledging completion of work required of the City. Facade Improvement/Non-Conforming Sign Program The following facade improvement/sign projects are in process or have recently been completed: Palomar Hotel - Paint Exterior, New Windows and Doors The Emporium - Paint Exterior and New Front Fayade Temecula Valley Goldsmith - Design and Install Wood Sandblasted Signs State Farm Insurance - Design and Install Three Wood Signs. Old Town Promotions/Marketing Erie Stanley Gardner Weekend The Erie Stanley Gardner Mystery Weekend was held on November 3, 4 and 5 in Old Town. The weekend kicked off Friday evening with "Where in the World is Erie Stanley Gardner?" and reception at the Temecula Valley Museum. The mysteries unfolded at the Perry Mason Radio Studios in Old Town Temecula at the Temecula Museum and the Country Porch at 3rd and Front. Participants in the mystery contest picked up leads throughout Old Town to uncover who did it, and if they were hot on the trail, entered the mystery contest with the hopes of winning $500 of Old Town Temecula prizes of gifts and gift certificates. The final radio episode and the mystery solved was held at the Old Town Temecula Community Theater on Sunday, November 5 at 3 p.m. free of charge. Mystery writing workshops, editors, writing coaches and authors were at the Senior Center offered on Saturday, November 4 at 10:00 a.m. and 1 :00 p.m. A CBS Film interview with Charles Collingwood and Erie Stanley Gardner was shown at 3:00 p.m. The writing seminars were free of charge. The rooms for the writing workshops were filled to capacity, which nearly tripled the attendance. The Erie Stanley Gardner exhibition will be displayed at the Temecula Valley Museum from November 3, 2005 - January 7, 2006. Dickens of a Christmas began on November 18 with Santa Claus being pulled by a horse drawn carriage followed by strolling carolers. Santa will be at his workshop every Saturday and Sunday from 11 a.m. to 3 p.m. at the Country Porch located at Third and Front Streets. Santa Photos will be available for both children and pets alike. Musicians Workshop will perform every Saturday from 12:00 p.m. to 1 :00 p.m. atthe Wild Cactus, and every weekend will include that Giant Elf Dynamite Dave. It will be a Dickens of a Christmas every weekend through December 17, 2006 where dozens of carolers will greet with song and fill Old Town with holiday cheer. The event will include performers such as the Vintage Singers, dressed in Victorian era holiday clothing strolling and caroling along Main Street; as well as other musical performers. Community Music Day will feature local schools and community performance groups in a full day of musical celebration to include Jazz and symphonic bands from Vail Ranch Middles School, followed byTemecula Middle School, Temecula Valley High School and Murrieta Valley High School Jazz Bands. Sponsored by ...ARROWHEAD . D.'".,.,,, '.""g m.m'"" '"''' w..", .~ 2qJsensie'lit & !J{itzeman . .,~' Can gOll find the differences between these two? " rc ~ res51{)7J~ '.L,'Y11~ ./\f' . <for gifts . , . f -~ ,... ~ .JJ FREE REINDEER ANTLERS For Kids. While Supplies Last Coloring Contest On Other Side Shopping * Dining Year-round Entertainment Call (951) 694-6412 www.temeculacalifornia.com TEMECULA, CA. Designed by ~Jelody's Ad Works. Inc. ~ ~ . . . . ... . . . - Sponsored by The Country Porch gu~dch:l,~ '8)BlOJ8G 'prezzHg 'laapu~a-a WEEKLY ENTERTAINMENT SATURDAY, Noy. 25 Full Measure Handbell Choir 12:30 p.m. to 2 p.m. SATURDAY, DEC. 9 Community Music Day - 10 a.m. to 6 p.m. Temecula Middle School Jazz Band Vail Ranch Middle School Jazz Band Valley Winds Symphonic Band Erie Stanley Gardner Middle School Temecula Valley High School Choir Calvary Chapel Choirs SATURDAY, DEC. 16 Fine Arts Network Caroleers y 12 noon - 2 pm SUNDAYS Nov. 19. 26, Dec. 3rd F. A. N. CAROLEERS SUNDAY, Dec. 10TH Mt San Jacinto Jazz Band 12 noon to 3 p.m. SUNDAY, DEC. 17 A Celtic Christmas at the Mercantile 4051 Main Street - Free Fine Arts Network Caroleers y 12 noon - 2 p.m. COLORING CONTEST Free Reindeer Antlers for Kids. While Supplies Last For More Information CALL (951) 694- 6412 or visit www.temeculacalifornia.com '" *I: IE a ~ Z s::: In 0 .- ..s: In c:L += ~ ~ L m ~ ~ ~ of- L~ C ~ O"'C"'C ttcc =r c:J .e"'C"'C"'C of-aCL '- c:J (Y) g"' ~ '" c '_ (Y) V) 0 15 c .~ ~ o L 0"'1 "'C 0.. ~ J2 ao~:= -Cof->E V) V) c:J ... L ~ U _-, 0 ~~~~~ Uo ~ 0"'1 C ,~ ><c:JC t; _V) 0 V') ~ ~c:J3tof-....- 1:: 1:: I- c:J';; 0"'1 c:J ,-C U 'L: V') ~ rt:: J2 ..c L 'r::...... =r LOo..L~ 5'tc:J~E >-~CE~ -c ~ 'i ~ ' of- u 3t ,- V') "'C ~ 3t 3tcCD3t ~ ,- c:J c:J "'Cof- S:E I ~ 'in of- -c "'C ,_ U......of-L> '- (Y) 0 c:J 0..0 ...... 3t ~ V) N L c:J '- :S:~~V)~ of-of-..c~c of- c:J E,~ ~ ,~ ~ ~ ct ~ &. 0 ~ '0 of-D~E ~V') >,~L ~.:t: c:J....- 0 L ,_ "'C 0 LL 18~~~i ~O>-~L ~ '- ..c >- of- of-V) V') ...... c:J V) of- N ~ L~~"""of- 8a.~~~ ~Eof-LL DHV')oLL TEMECULA PUBLIC FINANCING AUTHORITY TEMECULA PUBLIC FINANCING AUTHORITY ITEM NO. 22 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY NOVEMBER 14, 2006 A regular meeting of the City of Temecula Public Financing Authority was called to order at 10:02 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AUTHORITY MEMBERS: Edwards, Naggar, Roberts, Washington, and Comerchero ABSENT: o AUTHORITY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. TPFA CONSENT CALENDAR 41 Minutes RECOMMENDATION: 41 .1 Approve the minutes of July 25, 2006. MOTION: Authority Member Comerchero moved to approve the Consent Calendar. Authority Member Washington seconded the motion and electronic vote reflected unanimous approval. TPFA BUSINESS 42 Issuance of Two Series of Tax Allocation Bonds by the Redevelopment Aqency of the City of Temecula for the Temecula Redevelopment Proiect NO.1 RECOMMENDATION: 42.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 06-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA AUTHORIZING THE PURCHASE AND SALE OF TWO SERIES OF TAX ALLOCATION BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND APPROVING OTHER MATTERS RELATED THERETO Director of Finance Roberts provided a brief staff report (of written record). R\M inutes.tpfa\111406 MOTION: Authority Member Naggar moved to approve staff recommendation. Authority Member Comerchero seconded the motion and electronic vote reflected unanimous approval. ADJOURNMENT At 10:04 p.m., the Temecula Public Financing Authority Meeting was formally adjourned. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R\M inutes.tpfa\111406 2 ITEM NO. 23 Approvals City Attorney Director of Finance City Manager V /il!.. (J(L, TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Peter Thorson, City Attorney DATE: November 28, 2006 SUBJECT: Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch), 2006 Special Tax Bonds--Amendment of Bond Documents PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING AMENDMENTS TO BOND DOCUMENTS FOR THE $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH), 2006 SPECIAL TAX BONDS BACKGROUND: On April 27, 2006, the Authority, on behalf of Community Facilities District No. 03-02 (Roripaugh Ranch), issued $51,250,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) 2006 Special Tax Bonds (the "Bonds") to finance various public improvements required for the Roripaugh Ranch Project. The Bonds were marketed to prospective investors pursuant to an Official Statement, dated April 13, 2006 (the "Official Statement") which described the terms of the Bonds, the development expected to occur in the CFD and other matters material to an investment decision with respect to the Bonds. In connection with the Bonds, Ashby and the Authority also entered into an Acquisition Agreement, dated as of March 1, 2006 (the "Acquisition Agreement") relating to the use of a portion of the proceeds of the Bonds to acquire various public improvements constructed or to be constructed by Ashby. Subsequent to the closing of the sale of the Bonds, the Authority was advised that some of the information included in the Official Statement was inaccurate and incomplete. Various actions may need to be taken in order to correct any deficiencies in the Official Statement, which actions may include a restructuring of the Bonds and the preparation of new disclosure documents in connection with a restructuring. A more detailed description of the status of the Bonds and the status of the Project is contained in the Temecula Public Financing Authority Releases Nos. 1 to 5, the Tanamera Entities Releases and Semi-Annual Report, and the Semi-Annual Report of Ashby USA. The proposed amendments to the Bond Documents will enable the Authority to deal with the disclosure issues, provide for possible restructuring of the Bonds, as well as for a possible repurchase of the Bonds by Ashby USA or a third party. New Deposit AQreement A new deposit agreement is proposed which would provide for the possible remarketing or repurchase of the Bonds in which provides for Ashby USA's payment of the Authority's costs. Amendments to Acquisition AQreement Amendments are proposed for the Acquisition Agreement which would provide for the following terms: D The letter of credit securing debt service payment for the first two years would not be reduced until completion of the Public Improvements. . Money in the Improvement Fund, which would normally be used for construction of Public Improvements, may also be used to pay debt service if needed. . Money in the Improvement Fund may be used to repurchase the Bonds, if necessary or for costs of the remarketing or repurchase of the Bonds. . Ashby USA's indemnification of the Authority would include claims for misstatements or omissions of material fact in the Official Statement and Releases and claims from Ashby USA's lenders. . Authority will receive greater rights to terminate the Acquisition Agreement. . Authority is fully released from any known or unknown claims related to the Bonds or the Bond documents. . Ashby USA's may not sue the Authority for monetary damages and its legal remedies are limited to specific performance and declaratory relief to resolve disputes pertaining to the Authority's obligations under the Agreement. FISCAL IMPACT: None. Any costs to the City involved in the remarketing or the repurchase of the Bonds will paid by Ashby USA pursuant to the Deposit Agreement. Ashby USA is currently paying the expenses of the City and Authority in resolving the current issues affecting the Bonds and the Project. ATTACHMENTS: 1. Resolution No. TPFA 06-_ Approving Amendments to the Bond Documents 2. Deposit Agreement 3. Amendment to Acquisition Agreement RESOLUTION NO. TPFA 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING AMENDMENTS TO BOND DOCUMENTS FOR THE $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03- 02 (RORIPAUGH RANCH), 2006 SPECIAL TAX BNDS THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves those certain agreements entitled (1) "Deposit Agreement," and (2) "Amendment to Acquisition Agreement," (collectively "Agreements") with such changes in said documents as may be mutually agreed upon by the parties, the Executive Director, Bond Counsel, and City Attorney as are in substantial conformance with the form of such agreements as presented to the Authority. The Chairman is hereby authorized to execute said Agreements on behalf of the Authority. Section 2. The Executive Director (or his designee), is hereby authorized, on behalf of the Authority, to take all actions necessary and appropriate to carry out and implement the Agreements and to administer the Authority's obligations, responsibilities and duties to be performed under the Agreements. Section 3. The Authority Secretary shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 28th day of November , 2006. Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 28th day of November, 2006, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary DEPARTMENTAL REPORTS ITEM NO. 24 ........... ..... ...__'...c,____.'.~..._....,.__.,..u,.-_-". . . Approvals City Attorney Director of Finance City Manager V IJk- (jU..- CITY OF TEMECULA AGENDA REPORT City Manager/City Council TO: Debbie Ubnoske, Director of Planning FROM: DATE: SUBJECT: , November 28, 2006 Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of October. CURRENT PLANNING ACTIVITIES New Cases The Division received 62 new applications for administrative, other minor cases, and home occupations including 7 applications for public hearings during the month of October. The new public hearing cases are as follows: 4 1 2 . DEVELOPMENT PLAN CONDITIONAL USE PERMIT MAJOR MODIFICATION Special Projects & LOnll Ranlle Planninll Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: . Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. (PAPP) Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. This is expected to include significance thresholds and procedures for the City to contract for the preparation of environmental impact reports. (PAPP) . . Project environmental reviews and permitting: .:. 1-15/ SR79 South Ultimate Interchange project- Staff continues to prOVide comments to the Public Works Department on the issues that need to be addressed in the NEPAlCEQA document that is to be prepared for this project. (EA111 - WEST) . Mixed Use Development Standards and Traditional Neighborhood Design Criteria - Staff is in the process of developing Mixed Use Development Standards by reviewing existing projects and guidelines. This is expected to result in a recommended approach for areas of the City that are designated for Mixed Use development. (WEST) . Transit Oriented Development Demonstration Project - Staff is involved with the Southern California Association of Governments and the Western Riverside Council of Governments to study issues .and opportunities associated with implementing transit-supportive development adjacent to the proposed Temecula Transit Center. (WEST) . Noise Ordinance - Staff has researched other jurisdictions noise ordinances and is in the process. of developing a noise ordinance that incorporates the goals and objectives contained in the General Plan. The proposed ordinance is expected to contain provisions that would clearly define acceptable noise parameters and will permit Code Enforcement and/or the Temecula Police Department to Issue citations for noise violations. (PAPP) . Massage Ordinance - Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will.be implemented and monitored directly by the Police Department. The proposed ordinance will require each employee to undergo several. hundred hours oftraining, to wear identification at all times and includes more severe penalties for violators and business owners. (PAPP) . Nicolas Valley Rural Preservation Area - Staff is undergoing an opportunities and constraInts analysis of the properties contained within the Nicolas Valley Rural Preservation Plan area to develop strategies to assist property owners with the construction of needed infrastructure and services. This area is lacking paved roadways, water transmission lines, wastewater collection, cable television, etc. Because of the reiatively few properties in the area, assessment districts may be too costly for property owners. Staff is currently preparing maps and exhibits of the area and will work with a Council Subcommittee to develop strategies for bringing much needed services into the area. (PAPP) . General Plan Land Use Map Amendment - This City initiated project proposes making corrections to the Land Use Map to make the land use information "parcel specific." Several areas of the Land Use map have had tract or parcel maps recorded since the Comprehensive General Plan Update was adopted. Many of these areas currently show parcels with more than one land use. Staff is correcting these "split" land use parcels and proposing other changes to reflect the actual built environment. The proposed land use changes will be scheduled for Planning Commission in January or February after the Council Members have been fully briefed on the extent of the proposed changes. Staff anticipates a February 2007 City Council hearing. (PAPP) . General Plan Community Design Element Amendment - This City initiated project proposes to eliminate policy language regarding environmental constraints in the Chaparral Policy Area of the Community Design Element. Proposed changes include removing the current 25% or greater slope constraint, and removing the policy regarding encroachment into constrained areas. Staff feels that the Western Riverside Multi Species Habitat Conservation Plan goals and policies address and/or mitigate issues the Chaparral Policy Area intended to protect. As a result, the Chaparral Area policies and are no longer considered necessary. The proposed amendment will be scheduled for Planning Commission in January or February after the Council Members have been fully briefed on . the extent of the proposed changes. Staff anticipates a February 2007 City Council hearing. (PAPP) . WQMP Development Code Consistency. Staff is reviewing the Development Code to determine if any WQMP requirements should be added to the development standards. (WEST) . Liberty Quarry - Staff released a request for proposal (RFP) for air quality and transportation consulting services for review of the Liberty quarry EIR. (WEST) . Old Town SpecifiC Plan Amendment - Staff is incorporating pedestrian scale design guidelines and an in-lieu parking fee for commerCial development into the Old Town Specific Plan. (WEST) Planning Agenda Report 10101/2006 through 10/31/2006 . PA06-0326 Honda Parking/Modular TUP 921730068 BETSY LOWREY A MajOr Temporary Use Permit for a sales and car inventory lot with.a triple wide moduiar saies building and canvas shade structure on 5.2 acres located at 26925, 26957, and 26989 Ynez Road; generally located on the west side of Ynez Road, approximately 1000 feet south of Solana Way (A.P.N. 921-730-067, 921-730-068, and 921-730-069). Submitted Date Anticipated DRC Meeting Date No Hearing Planned 10/31/2006 APN# .. PA06-0329 Temecu/a Professional Bldg II 959050013 KATIE LECOMTE A Development Plan for a one-story 12,000 square foot office building to be built on parcel 2 of Parcel Map 31711 . generally located on the northeast comer of Margarita and De Portola Road (APN: 959-050-013). Submitted Date Anticipated DRC Meeting Date No Hearing Planned 11/1/2006 APN# . PA06.0333 Margarita Professional B/dg 955150027 DANA SCHUMA A Major Modification to an approved Development Plan to relooate the site access at 43040 Margarita Road. The application proposes to move both access driveways to the east Into an existing MWD easement access (APN 955- 150-027). Submitted Date Anticipated DRC Meeting .Date . No Hearing Planned 11/3/2006 . P A06-0336 Blue Marlin Minor CUP APN# 910130035 KATIE LECOMTE A Minor Conditional Use Permit for dancing, live entertainment (small musical combo or a disk jockey) and and to authorize an upgrade to an existing type-41 liquor license (on sale beer and wipe) to a typeA71iquor license (on- sale general) to authorize the sale of beer, wine and distilled spirits at an existing restaurant (Blue Marlin) located at 27590 Jefferson Avenue. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 11/6/2006 -c- APN-# . PA06-0338 OLD TOWN PLAZA ONE 922033009 CHRISTINE DAMKO A Development Plan for a proposed mixed use building (retail, office, and residential) totaling 38,157 square feet on a 12,750 square foot lot located at the south west corner of Front and 5th Street. (APN: 922-033-009) Submitted Date Anticipated ORe Meeting Date No Hearing Planned 11i7i2006 1217/2006 6016 Planning Agenda Report 1 0/01/2006 through 10/31/2006 APN # . PA06-0201 Abbott (GuidanV East Campus 921680019 DANA SCHUMA . A Development Plan to construct a 419,341 square foot office building to Include research and development 'laboratories and custom light manufacturing on 27.5t gross acres. The project consists of two five-story office wings with a four-story connector lobby, a central landscaped courtyard, and two service areas located at 41852 & 41872 . Motor Car Parkway. (APNs 921-680-019 & 20) (Parcels 4&5 of PM30107and portion of Parcel 2 of PM23354). (Related: PA06-0096). Submitted Date 7/11/2006 Approved Date 1 0/26/2006 . PA06-0209 RACE FOR THE CURE 2006 APN# 910130072 KNVTE NOLAND .A Major Temporary Use Permit for a non-profit run to be heid at the Promenade Mali and adjacent public streets on October 1.5, 2006 (APN: 910-130-072). Submitted Date 7/19/2006 Approved Date . PA06-0213 TEMECULA WATER PARK APN# 910271002 CHRISTINE DAMKO A Development Plan with a Conditional Use Permit for a 13,000 square foot water park located at the northwest . intersection of Ynez Road and County Center Drive. (Former Pre-App, PR06-0015) Submitted Date , Approved Date 7/21/2006 10/18/2006 APN# 922035019 KNUTE NOLAND . PA06-0256 TEMECULA FALL.CAR SHOW/CRUiSE , ,A Major Temporary Use Permit for the 2006 Temecuia Fall Car Show & Old Town Cruise to be held on October 6, 2006 from 1 :00 p.m. to 8:30 p.m. and October 7,2006 from 5:00 a.m.to 4:30 p.m. In Old Town Temecula. APN 922 -035-019 . Submitted Date 8/30/2006 Approved Date APN#, 'PA06-0270 VSPI Used Car Tent Sale /I 910130072 KATIE LECOMTE .' A Major Temporary Use Permit for the VSPI Used Car Tent Sale to be held at the Promanade Mall in the parking lot , between Sears Department Store and Edward's Cinema's at 40820 Winchest<er Road, beginning on' Friday October' '20th, 2006 and lasting through Sunday October 22,2006. Hours of operation inciude Frtday, October 27 from 12 .noon to 9 p.m. and Saturday and Sunday October 28 and 29 from 9 a.m. to 9 p.m. Submitted Date Approved Date '9/1212006 .' 10/4/2006 APN# . PA06-0287 CHRISTMAS TREE LOT 959070012 KNUTE NOLAND A Major Temporary. Use Permit for a Christmas Tree Lot to be operated from 11/25/06 to 12/25/06 at31300 Rancho , Community Way (APN; 959-070-012). . 1016 Planning Agenda Report 10/01/2006 through 10/31i2006 Submitted Date 9/26/2006 Approved Date . . PA06.0298 CAMP BOW WOW MCVP APN# 921030032 DALE WEST A Minor Conditional Use Permit to authorize Camp Bow Wow to conduct business (dog day care, overnight care, kennel services) in an existing buiding located at 42192 Sarah Way.'(APN: 921-030-032) Submitted Date 10/4/2006 Approved Date 10/26/2006 APN# . PA06.0301 RANCHO CHRISTMAS TREES 920100025 KNUTE NOLAND A Major Temporary Use Permit to operate a Christmas Tree Lot on vacant property at 27229 Winchester Road (920 ,100-025,026). Submitted Date 10/4/2006 Approved Date 2016 Planning Agenda Report 10/01/2006 through 10/31/2006 . . PA06-0221 RANCHO PUEBLO CONDO MAP CHERYL KITZEROW/MATT PETERS A Condominium Map to subdivide four buildings into commercial condominiums (Rancho Pueblo Office Building) located on the north side of Highway 79 South, east of Avenida de Missions. (TPM 35065) Submitted Date DRC Meeting Date No Hearing Planned 7/31/2006 APN# . PA05-0402 Downs Energy 921040040 DANA SCHUMA A Development Plan application for a liquid natural gas facility and a 14,776 square foot office spec buiiding, located at the northwest comer of Rancho Way and Diaz Road. APN 921-040-040 & 921-040-041. Submitted Date DRC Meeting Date Planning Commision 12/22/2005 1/26/2005 11/15/2006 APN# . PA06-0101 Hemmingway at Redhawk TR23064 KATIE LECOMTE Home Product Review for 108 single-family homes with four product types on 26.0 acres generally located on the north side of Deer Hollow Way, approximately 800 feet east of Peppercorn Drive. Submitted Date DRC Meeting Date Directors Hearing 4/7/2006 5/18/2006 -:- 11/16/2006 APN# . PA06-0135 Downs Energy CUP 921040040 DANA SCHUMA A Conditional Use Permit with a Deveiopment Plan application for the storage and distribution of fuel (liquid natural gas). The project is located on the northwest corner of Diaz Road and Rancho Way. (PA05-0402) Submitted Date DRC Meeting Date Planning C!,mmislon 5/10/2006 11/15/2006 APN# . PA06-D137 Stratford at Redhawk 962450001 DANA SCHUMA A Home Product Review for 106 residential lots on 29,53 acres within the Redhawk Specific Plan (TR23065-3) located generally at the southern end of the city limits on Peachtree Street and Primrose Avenue. Submitted Date DRC Meeting Date Directors Hearing 5/10/2006 6/15/2006 11/30/2006 APN# . PA05-01'09 Mira Lorna Condos 944060006 . STUARTFISK A Tentative Tract Map for condominium purposes to subdivide 7.24 acres into three lots (one residential condominium lot, one recreation lot, and one open space lot) on property located at the northeast corner of Rancho Vista Road and Mira Loma Drive (APN # 944-060-006) Submitted Date DRC Meeting Date No Hearing Planned 4/13/2005 . . PA05-0172 REDHAWK T/RE STORE AND CAR WAS APN# 959090007 CHRISTINE DAMKO 3016 Planning Agenda Report 10/01/2006lhrough 10/31/2006 PROPOSED DEVELOPMENT PLAN WITH A CUP FOR A TIRE STORE AND SELF SERVE CAR WASH (3 SLDGS TOTALING 8353 SF) LOCATED ON MARGARITA RD NEAR DE PORTOLA RD Submitted Date DRC Meeting Date Direclors Hearing 6/7/2005 11/30/2008 APN# . PA05.0234 MIRA LOMA PDO 944060006 STUART FISK A PLANNED DEVELOPMENT OVERLAY TO CHANGE THE ZONING OF A 7.24 ACRE SITE LOCATED AT 29601 MIRA LaMA ROAD FROM HIGH DENSITY RESIDENTIAL TO PDO-11 TO CHANGE THE DEVELOPMENT STANDARDS FOR THE SITE (APN # 944-060-006) Submitted Date DRC Meeting Date No Hearing Planned .' 8/8/2005 4016 Planning Agenda Report 1010112006 through 10/31/2006 . PA06-0290 OLD TOWN SALON MODULAR OFFICE A Major Temporary Use Permit for a modular office building to be located adjacent to the rear alley of the Old Town Teme.cula Salon & Day Spa located at 41925 3rd Street (APN: 922-044-021). KNUTE NOLAND Submitted Date Anticipated DRC Meeting'Date No Hearing Planned 9/27/2006 . PA06-0305 TEMECULA VILLAGE MAJOR MOD APN# 944290012 CHERYL KITZEROWIMATT PETERS A Major Modification to eliminate Condition of Approval #80 for Planning Application No . PA06-0018 in order to Increase the overall building height of the multi-family residential units an additional 5-feet, based on the revised approved roof design. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 10/9/2008 APN# . P A06-0306 Jefferson Ave Bldg Remor:Jel 921050003 OANA SCHUMA A Major Modification application for the renovation of an exisitng 25,000 square foot commercial building located at 27901 Jefferson Avenue on the southwest corner of.Jefferson and Via Montezuma. The project proposes to improve circulation on the site, add landscaping and a trash enclosure, and enhance the exterior of the building by painting and adding a cornice, stone column accents, and canopies. (APN 921-050-003) (Related PA06-0313). Submitted Date Anticipated DRC Meeting Date No Hearing Planned .' 10/11/2006 11/3012008 , . PA06-0313 VIA MONTEZUMA APN# 921050004 DANA SCHUMA A Development Plan application for the construction of a 20,820 square foot industrial building located on the south side of Via Montezuma west of Jefferson Ave. (APN 921050004) (Related PA06-0306) Submitted Date Ant/dpilted DRC Meeting Date No Hearing Planned 10/18/2006 11/30/2006 APN# . . PA06-0316 Springhill Suites 921060047 CHERYL KITZEROWIMATT PETERS A Development Plan for a 128 unit, 3 story hotel located at 28220 Jeffferson Avenue (associated with Pre-App PR05 -0007). . '. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 10/23/2008 . 12/14/2006 APN' . PA06-032t Quality Nissan Vehicle Storage 921050004 STUART FISK A Major Temporary Use Permit to allow storage of new and used vehicles for Quality Nissan on a vacant located on . 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'.\5 ('[lUll ---- '/ ~ \ \. -JI' ~, '<.^ J' J:i: r-J~/J J ~~ 1. ~:>OO-O221 trf:: - -\uJ ~~ ~/[ I ).../...----' '\ ~/\.\.'^'^_~ / ./ W{ I ~-Y\~~ I ~V1 v"' ~~~~ hfl:~ ,'~l!J;::''( ',v")"i.lli,' Y I ~~",., ~\\~'., ~5'W~ k21 I" 1 ~'> \' , ""'" r /' .. ~~1''ll VI K\ ~,'J_ ,~~ ~~I ~ \~ ". ~. ~ ~ ~ /'. ~~di ^ ~A~ /c " O' 1'\ l / \." / V/", .~.Y "'<, a~ ~ A"Jit \\\\\ ~'" (Ii/ ~~ /' ,,7' \.'''',~.<<,~ r/ I l /' ,,,)j' "\ // "'.)~JJ *+0oYo~^V 7 ~' ~ ./': 0 .V, Y, \ ;t~v r( yt:;~>"~ ,01 1 I !/;R ~.o,~ I I ///1 H~, II~ I~ I i >~p~ \~ / ~ ~/~ Planning Status - October o 1. Recently Approved o 2. Scheduled for Hearing . 3. New Submittals Pending ORe Meeting ~~. \ ., /~ t~t ~~. ""'4" ITEM NO. 25 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Anthony Elmo, Director of Building and Safety DATE: November 28, 2006 SUBJECT: Departmental Report - October 2006 The month of October 2006 showed a gain of construction activity as compared to previous months. The following is an overview of permit and inspection activity for October. M.O.M. ProQram The Community Development Technicians distribute M.O.M. packets which include a building permit application and an outline of the minimum plan review requirements. The Building and Safety Staff initiated 11 M.O.M related phone calls in October to customers for plan submittals, plan checks, issuance of permits, addressing and certificates of occupancy. SinQle Familv Development - Tracts In October, the City issued 26 new single family home permits for a total square footage of 87,249. The homes are primarily in Wolf Creek with 176 homes and 161 homes under construction in Harveston. There are a total of 418 single family homes under construction throughout the City at the current time. Custom SinQle Familv Homes As of October, we have 13 custom homes under construction for a total of 59,898 square feet. Multi-Familv Development In October there were a total of 116 apartmentslcondominiums under construction. Temecula Ridge Apartments has 3 buildings with a total of 36 units and 12 under construction. Temecula Creek has completed most of their condominium construction and have 3 buildings with 60 units under construction. Commercial Development There were 7new commercial permits issued in October for a total valuation of $6.441,707.26. Plan check activity included submittals for Abbot Vascular Inc., located at 41872 Motor Car Parkway, and the Recreation Building for the Temecula Lane Development located at 31145 Sunflower Way. Total Permit and Inspection Activitv During the month of October inspection staff performed 5,141 inspections and 263 permits were issued representing a construction valuation of $15,659,386.15. The total building permit and plan check fees collected in the month of October were $196,665.16. ITEM NO. 26 Approvals City Attorney Director of Finance City Manager ~r fill ~ CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: William G. Hughes, Director of Public WorkslCity Engineer DATE: November 28, 2006 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of October, 2006. TO: MEMORANDUM Bill Hughes, Director of Public Works/City Eugiueer FROM: i:l1t Brad Burou, Maintenance Superintendent DATE: SUBJECT: November 8, 2006 Monthly Activity Report - October, 2006 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnei for the month of October, 2006: " 1. SIGNS A. Total signs replaced ---1& B. Total signs installed ~ C. Total signs repaired -11 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns ~ III. ASPHALT REPAIRS A. B. Total square feet of A. C. repairs Total Tons 6.442 ~ A. IV. CATCH BASINS Total catch basins cleaned ---1ZJ A. V. RIGHT-OF-WAY WEED ABATEMENT ----2 Total square footage for right-of-way abatement VI. GRAFFITI REMOVAL A. B. Total locations ~ 5,068 Total S.F. vn. STENCILING A. 258 New and repainted legends B. 3,507 L.F. of new and repainted red curb and striping R:\MAINTAIN\MOACTRPT Also, City Maintenance staff responded to ~ service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to -.&L service order requests for the month of SeDtember. 2006. The Maintenance Crew has also put in 181 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of October. 2006 was $10.615.00 compared to $34.370.00 for the month of SeDtember. 2006. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 10,615.00 $ -0- $ - 0- cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (Traffic) Greg Butler, Senior Engineer (Capital Improvements) Amer Attar, Senior Engineer (Capital Improvements) Jeny Alegria, Senior Engineer (Land Development) R:\MA1NTAIN\MOACTRPT '" o o N a)!Ba 1l-a::; E "", wJ:-o i:; == ~ Z"'~ ~ ~ ;;, 'Q .E lD 1E; .g:lilal (J):t:.... Q) E 1l. ro.g~ ClClla. ~O cc otrfc:i ...'" ~ o ~ N ... .... a. " .... ~ o :;; z '" .... Z j " cc ",c c::id M'" '" oS "' ... '" '" ..; '" "' ... "' '" ... C CC C CC cO cia) "' C'" '" "'''' M~ ..,;- en '" ...~ ... '" C M c", c::iN c", ....... ~cD ~... ... cc ",c t--:c:i "'c M", ~..,;- "'''' "'''' ... C C ~ C en ci '" ... oct ~ ... ~ M .. '" '" o '" ... C M C M c::i ui C '" '" ... ... uS '" "!. Z; C C ~ C -cici ....... ~ M" '" '" C C C C do ...... ... "' ..; '" '" ~ ~ ... C C '" C c"' ci cicci '" c"' '" ....'" o ati'r' ~ ~... ... '" CN c... ON cc "'''' (l'f~ "'... 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" " .. <r 0000 "" Ov 000 00 COC\l(Y).....OOO a; "''''' 10 I'-.-o;tl'-OO 10 V'" 0 ~ U? 0 0 ~ '" ~ 0 I>: 0 cri '" 0 0 06 N w '" (it 0> '" '" 0> '" 0> "" 0 "" '" .... '" V U <.; '" 0 Cl en w 00C\l0 000 000 00 ~~gt(10~ '" "'''' .... '" "'::j: ;;; ~ w 0 0 0 0 ~ '" ~ I>: ...J... .,.; 0 0 0 N ci ~ 1>.0 '" '" '" '" 0 :;;0 '" ~ O'l' '" ci u <.; '" ::; U~ '" ~O '" 1>:'" => o !if I>. u. ==w 000 000 01'--0 00 Ol'-I'-O)OCO '" "'''' V C\l O)C\lOv '" V,," 0 w>- 0 '" 0 ..... C\l.....CO(Y) ~ 0 '" .... U;;! 0 of 0 "" cri <Vi z '" '" '" '" w ::i!u '" '" :;; zen N <6 w- '" V .... ....u. ." !if z I>. <( W :;; Cl 000 000 "''''0 00 C\l1'-1OC\l0C\l "" ~O '" '" '" I'- .....10 10 '" "''''' 0 0 '" V ~ '" 0 0 ,...: 0 ,.: a:i ." '" ." '" ~ V N "" '" '" ." -$ illu.,!2 u. Ql Ql Q) .... CCf) .... CO C I- co:J COen S-S"cjO en Q) Q)O '" Ql "'.... CO .... CO<t -a g .!:}- (I) 0 ~O <(00.... Cl z a: it! lii .... ~ .... z o () $ u.. $ ~ LL .!: tJ) ~...J.... ill "'en C .!:O :::i1i.io "'.!ll.... .!: :g~ .9- C I- .;:: coO en en.... '0 '0 en Ql Ql.... E f5 en E EO .t: Q)O ....I>:;;! ill ill.... ~ ~O ............ en I>: ~ ~ .... z o u w w I>: .... .... w w u.. d en (!) z ~en I>:lii 0.0 en() :;i;;! q5 1>:.... == W I>: () W o ::i! z w .... z <( :;; ~ 13 c~ Q) 55 ,fa it al ~iil'.l'JiIlC' C 1O...J:J:J CI) ill .calOg, ""0 <3""O<(_=sO::16 Ql'O Ql'OC'O~> UQ)(I)EQ)"ffiUQ)O ~19.~ E~ at f!?"E ~ Q) (I) CO"t: > 0:: :J 00:: 0::..5: co I- . 0 Q) (I)(I).r.~sca::_gi.E CC.BQ)O;:Q)2:~ ~~8t=!i~~~c> en lii o () g .... STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of October, 2006 MIE ACCOUNT CONTRACTOR: STREET/CHANNELIBRIDGE BECKER ENGINEERING DESCRIPTION OF WORK TOTAL COST SIZE Date: 10/27/06 # 5402 CITYWIDE CITYWIDE SANDBAGGING FOR NPDES COMPLIANCE TOTAL COST $ 18,880.00 Date: 1011 1/06 HWY 79 SO. AT OLD TOWN FRONT STREET REPLACE 125 STRAW HAY BALES FOR NPDES COMPLIANCE # 5402 TOTAL COST $ 3,735.00 Date: # TOTAL COST Date: # Date: 10/06 CITYWIDE ROWS DEBRIS, TRASH AND WEED ABATEMENT ALONG CITY ROWS # 5402 TOTAL COST $ 5,000.00 Date: # TOTAL COST Date: # TOTAL COST Date: # TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 TOTAL COST - 0- $ 10,615.00 -0- R:\MAINTArNIMOACTRPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF OCTOBER, 2006 ;i ,. iC)ii.'i)ii}".i'i~ii:~.'!'~"..' .,.... .i.)........),. .'...,...... "?}'}'.."'f.. ..."..}.. <")" DATE WORK T{'\, ,.,.... '.~~~ " . < .... REQUEST COMPLETED 10/03/06 YNEZ 8/0 PAUBA MANHOLD LOOSE 10/03/06 10/03/06 TIERRA ROBLES AT MIRA LOMA POTHOLE 10/03/06 10/04/06 A VENIDA VISTA LADERA AT TOLANO S.N.S. MISSING 10/04/06 10/04/06 VAIL RANCH PARKWAY DEBRIS REMOVAL 10/04/06 10/04/06 31850 CORTE POLLENSA TREE TRIMMING 10/04/06 10/0406 30545 IRON BARK COURT ROOT PRUNING 10/04/06 10/05/06 BUTTERFIELD STAGE ROAD SIGN DOWN , 10/05/06 10/05/06 LA SERENA REPAINT WALL 10/05106 10/06/06 40465 CHAUNCEY WAY POTHOLE 10/06/06 10/09/06 42368 RIO NEDO CONCRETE REPAIR 10/09/06 10/09/06 2971 0 DA WNCREST CIRCLE S.N.S. REPAIR 10/09/06 10/10/06 DE PORTOLA ROAD DEBRIS PICK-UP 10/1 0/06 10/10/06 39734 SAVANNA WAY KEYS IN STORM DRAIN 10/10/06 10/11/06 31265 HIAWATHA COURT TREE REMOVAL 10/11/06 10/11/06 VIA CORDOBA WEED ABATEMENT 10/11/06 10/12/06 30135 MILANO ROAD STORM DRAIN CLEANING 10/12/06 10/12/06 MOTOR CAR PARKWAY POTHOLE 10/16/06 10/16/06 43105 AGENA STREET TREES . 10/17/06 10/16106 LIEFER ROAD ROAD MAINTENANCE 10/17/06 10/17/06 P ASEO BRILLANTE AT MARGARITA TREE BRANCH 10/17/06 10/17/06 P ASEO BRILLANTE AT VIA PUEST A DEL SOL MISCELLANEOUS DEBRIS 10/17/06 10/17/06 30899 AVENIDA BUENA SUERTE TREES 10/17/06 10/17/06 42126 SWEETSHADE TREE 10/17/06 10/17/06 RANCHO CALIF. ROAD AT TEMEKU IDLLS ENTRANCE STRIPPING 10/18/06 10/19/06 BUTTERFIELD STAGE ROAD AT CROWNE HILL DEBRIS 10/19/06 . , , R:\MAINTAIN\WRKCOMPLTD\SORS\06.07 rh..;",; Ii \\1 ","" __.""';'72~i;ii;.'tiU;;' ,,::j;~':';"j'1i ..,.'.. .... ....... DATE WORK i,'}.. '."". ,...'" ." "i'i'ii~, ,..... ~C'J) Ii",. ..': ,;"...'.. [it'..'.,.... .. ,..,', .. iT COMPLETED 10/19/06 30540 A VENIDA ESTRADA POTHOLE 10/19/06 10/20/06 WINCHESTER DEBRIS PICK-UP 10/20/06 10/20/06 33299 CORTE YACA TREE TRIMMING 10/20/06 10/20/06 RANCHO VISTA AT MIRA LOMA TRAFFIC CONTROL 10/20/06 10/20/06 DE PORTOLA ROAD AT VIA ANGELES MANHOLE COVER OFF 10/20/06 10/23/06 YNEZAT TOWER PLAZA TREE REMOVAL 10/23/06 10/23/06 RANCHO CALIFORNIA ROAD AT TARGET CENTER A.C. REPAIR 10/23/06 10/23/06 30518 A VENIDA ESTRADA A.C. REPAIRS 10/23106 10/23/06 ANACONDA AT HUMBER S.N,S. DOWN 10/23/06 10/24/06 LIEFER ROAD GRADING 10/24/06 10/24/06 MARGARITA AT HWY 79 SO. PAINT SPILL 10/24/06 10/24/06 CORTE TORTOSA REQUEST FENCE 10/24/06 10/27/06 41797 CORTE CAMARA TREE REMOVAL 10/27/06 10/27/06 29825 SANTIAGO ROAD SIGN DOWN 10/27/06 10/27106 41459 CHENIN BLANC TREE REMOVAL 10/27/06 10/30/06 MOTOR CAR PARKWAY POTHOLE 10/30/06 10/30/06 44698 CALLE HILARIO TREE REMOVAL 10/30/06 , . , TOTAL SERVICE ORDER REQUESTS 42 R:\MA1NTAINIWRKCOMPLTD\SORSI06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF OCTOBER, 2006 10/02/06 TEMEKU DRIVE AT BERKSHIRE REPLACED R-26, R-I, GOLF CARG 10/02/06 BUTTERFIELD STAGE ROAD AT RANCO VISTA INSTALLED R2-55 10/03/06 CITYWIDE NEW SPEED LIMIT INSTALLED 8 R2-45 10/03/06 WINCHESTER AT PROMENADE MALL REPLACED W-33 10/04/06 ALHAMBRA AT A VENIDA DE LA REINA REPLACED R-I,S.N.S. 10/04/06 MERCEDES AT 6TH STREET REPLACED R2-25 10/04/06 OLD TOWN FRONT AT HWY 79 SO. REPLACED R-26 10105/06 CAMPANULA AT DE PORTOLA ROAD REPLACED S.N.S. 10/05/06 JEFFERSON AT WINCHESTER REPLACED R7, "K" MARKER 10/05/06 MARGARITA AT DE PORTOLA ROAD REPLACED R7 10105/06 CITYWIDE NEW SPEED LIMIT INSTALLED 5 R-2 10/09/06 MARGARITA AT PAUBA REPLACED 2 DELINEATORS 10/09/06 SOLANA AT RYCREST REPLACED R-I 10/09/06 TOLANO AT VISTA LADERA REPLACED S.N.S. 10/09/06 CITYWIDE REPAIRED 12 SIGNS 10/10/06 REDHA WK AREA INSTALLED 3 R-2-40 10/11/06 OLD TOWN FRONT AT 2ND STREET REPLACED R-I 10/11/06 ANZA ROAD AT SHARON INSTALLED R2-40 10/12/06 MARGARITA AT SOLANA REPLACE 11 DELINEATORS 10/12/06 MARGARITA AT GEORGETOWN REPLACE R-7 10112/06 MEADOWS PARKWAY REPLACE R-7 10/12/06 CITYWIDE SPEED LIMITS INSTALLED 4 R2-55 10/13/06 MARGARITA AT GEORGETOWN REPLACED 2 DELINEATORS R:\MAINT AINIWKCMPLTD\SIGNS\.06.07 10/13/06 MARGARITA AT OVERLAND REPAIR R4-7 10/13/06 MARGARITA AT SOLANA REPLACED R4-7 10/13/06 SOLANA AT MOTOR CAR PARKWAY REPLACED 2 R-26 10/13/06 SOLANA AT MOTOR CAR PARKWAY REPAIR W3-3 10/13/06 WINCHESTER AT PROMENADE E. REPLACE R-26 10/13/06 MARGARITA AT WINCHESTER INSTALL 6 DELINEATORS 10/13106 RACE FOR THE CURE ROUTE REPAIR 10 MISC. SIGNS (STICKERS) 10/16/06 REDHAWKPARKWAY INSTALL Wll-I 10/17/06 32007 MOLNAR INSTALL I WWS 10/17/06 LOWER 79 SO. AT A VENIDA DE MISSIONES INSTALL R2-55 10/17/06 W/B 79 SO. AT JEDEDIAH SMITH INSTALL R2-55 10/17/06 79S0.ATPEC~GAPARKWAY INSTALL R2-55 10/17/06 WINCHESTER AT YNEZ INSTALL R2-40 10/18/06 RANCHO CALIFORNIA ROAD AT JEFFERSON REPLACED 3 DELINEATORS 10/18/06 RANCHO CALIFORNIA ROAD AT BUTTERFIELD REPLACED 3 DELINEATORS 10/18/06 RANCHO CALIFORNIA ROAD AT BUTTERFIELD REPAIR 2 DELINEATORS 10/18/06 PAUBA AT VIA RAMI REPLACED 8 DELINEATORS 10/18/06 RANCHO CALIFORNIA ROAD AT BUTTERFIELD REPLACED 10 DELINEATORS 10/18/06 WINCHESTER AT MARGARITA INSTALL I R2-40 10/19/06 WINCHESTER AT MARGARITA REPLACE I R4-7 10/19/06 WINCHESTER BETWEEN 15 FWY & MARGARITA INSTALL 3 R2-40 10/19/06 LA SERENA AT SO. GENERAL KEARNY REPAIR I RI-I 10/19106 LA SERENA AT DEL REY REPLACED 2 L-MARKERS 10/20/06 REDHA WK AT VIA RIO TEMECULA REPLACED R-7, "K"MARKER 10/23/06 OVERLAND AT V AIL RANCH REPLACED R4-7 10/24/06 BUTTERFIELD AT CHANNEL REPLACED R-I 10/24/06 MARGARITA AT CIMA DEL SOL REPLACED R-I,S.N.S. 10/25/06 WINCHESTER E/O YNEZ INSTALLED R2-40 10/27/06 29825 SANTIAGO REPLACED R-26 COMBO R:\MAINT AIN\WKCMPLTD\SIGNSI.06.07 10/27/06 JEFFERSON AT WINCHESTER 10/30106 OLD TOWN FRONT STREET AT MORENO 10/30106 YNEZ A T VALLEJO 10/30106 WINCHESTER EIO YNEZ 10/30106 VIA CORDOBA AT CORTE BELLA DONNA REPLACED R4-7 REPLACED R-26 REPLACED RZ-45 INSTALLED 3 RZ-40 REPLACED R-I, R-I-4, W-31 TOTAL SIGNS REPLACED ....Jj, TOTAL SIGNS INSTALLED ~ TOTAL SIGNS REPAIRED 27 R:\MAINTAIN\WKCMPL TD\$IGNSI,06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF OCTOBER, 2006 10/02/06 MIRA LOMA AT EDISON PLANT REMOVED 605 S.F. OF GRAFFITI 10/02/06 OVERLAND BRIDGE AT I-IS FWY REMOVED 335 S.F. OF GRAFFITI 10/02/06 SANTA GERTRUDIS CREEK AT CHAPARRAL REMOVED 70 S.F. OF GRAFFITI 10/03/06 YNEZ AT QUIET MEADOW REMOVED IS S.F. OF GRAFFITI 10/09/06 HUMBER CHANNEL REMOVED 19 S.F. OF GRAFFITI 10/09/06 RANCHO VISTA AT MIRA LOMA REMOVED 121 S.F. OF GRAFFITI 10/09/06 SANTA GERTRUDIS CREEK AT WINCHESTER REMOVED 30 S.F. OF GRAFFITI 10/09/06 N. GENERAL KEARNY BRIDGE AT NICOLAS REMOVED 100 S.F. OF GRAFFITI 10/09/06 SANTA GERTRUDIS CREEK AT JOSEPH REMOVED 90 S.F. OF GRAFFITI 10/09/06 I-15FWY ATHWY79 SO. REMOVED 45 S.F. OF GRAFFITI 10/12/06 GOLDS GYM REMOVED 50 S,F, OF GRAFFITI 10/13/06 SOLANA AT MOTOR CAR PARKWAY REMOVED 20 S.F. OF GRAFFITI 10/13/06 NIB 15FRWY AT LOWER 79 SO. REMOVED 300 S.F. OF GRAFFITI 10/13/06 VINEYARD AT ZINFANDEL REMOVED 17 S.F, OF GRAFFITI 10/16/06 NIB IS FWY AT 79 SO. OFF RAMP REMOVED 45 S.F, OF GRAFFITI 10/16/06 NIB IS FWY AT OVERLAND BRIDGE REMOVED 45 S.F. OF GRAFFITI 10/16/06 31144 LOHANTAN COURT REMOVED 50 S.F. OF GRAFFITI 10/16/06 PECHANGA PARKWAY AT CASINO) REMOVED 5 S.F. OF GRAFFITI 10/16/06 RANCHO CALIFORNIA BRIDGE AT DIAZ REMOVED 40 S.F. OF GRAFFITI 1O/I7 /06 RANCHO CALIFORNIA BRIDGE AT DIAZ REMOVED 25 S.F. OF GRAFFITI 1O/I7/06 OVERLAND TRAIL AT REDHA WK REMOVED 180 S.F. OF GRAFFITI 10/23/06 I ST STREET BRIDGE REMOVED 77 S.F. OF GRAFFITI 10/23/06 6TH STREET IN CREEK REMOVED 167 S.F. OF GRAFFITI R:\MAINTAIN\WKCMPLTD\GRAFFITII06.07 10/23/06 MIRA LONA AT EDISON PLANT REMOVED 67 S.F. OF GRAFFITI 10/23/06 TEHACHAPI AT V AIL RANCH REMOVED 60 S.F. OF GRAFFITI 10/23/06 TARGET CENTER REMOVED 210 S.F. OF GRAFFITI 10/23/06 MARGARITA AT SANTA GERTRUDIS BRIDGE REMOVED 405 S.F. OF GRAFFITI 10/23/06 CALLE KA TRINA EASEMENT REMOVED 300 S.F. OF GRAFFITI 10/24/06 LYNDIE LANE APARTMENTS REMOVED 455 S.F. OF GRAFFITI 10/24/06 1-15 FWY AT RANCHO CALIFORNIA ROAD REMOVED 10 S.F. OF GRAFFITI 10/24106 RANCHO VISTA AT PASEO GOLETA REMOVED 8 S.F. OF GRAFFITI 10/24/06 RANCHO VISTA AT CAMINO ROMO REMOVED 78 S.F. OF GRAFFITI 10/25/06 TlERRA VISTA AT CUL-DE-SAC REMOVED 250 S.F. OF GRAFFITI 10/26/06 COUNTY CENTER DRIVE AT YNEZ REMOVED 45 S.F. OF GRAFFITI 10/26/06 RANCHO CALIFORNIA ROAD BRIDGE REMOVED 24 S.F. OF GRAFFITI 10/30/06 NO. GENERAL KEARNY BRIDGE REMOVED 35 S,F, OF GRAFFITI 10/30/06 WINCHESTER BRIDGE AT SANTA GERTRUDIS REMOVED 660 S.F. OF GRAFFITI 10/30/06 PASEO GOLETA AT CORTEPOSITAS REMOVED 10 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 5,068 TOTAL LOCATIONS 38 R:\MA1NT AIN\WKCMPLTD\GRAFFlTI\06,07 I I I I I I I 1.1 I I I I I I 1.1 1 1 I I I I 1 1 I ...:l <~ ...:lO ~~ ~~ ~~ ~E-l E-l~ ~~ O~ ~~ E-lC-' ~'..e UQ Q N " ill c > 0 Z l- t) 0 I- 0.. LU en Cl ~ >- I- ..J LL ;:) C1 .., LU en Z + ;:) .., ~ :;; ..J ir 0.. <( 0:: <( :;; al LU u.. Z <( .., cccccccccccccccccccccccccc CCCCCCCCCCCCCCCCCCCCCCCCCC CCCCCCCCCCCCCCCCCCCCCCCCCC ~~~~M~~~~M~~~~M~~~~M~~~~M~ ~~~~~~MMMMMNNNNN~~~~~ 00 ...l :;J U :;J Eo< o Eo< tnN:-O\OO("f)-r---oao ("f)OON.('f')("f)-.:t"('i')-.:t"("f') t-- \C \0 '<I" III ... 0 \C '<I" .. 0 on '" (".l ~ t-- ...... '" -= :> .... Z ... oS '" '" a; I>J) - '" .. .. ..... .... 0 <> <> <> Eo< 0 f;I;, '" - Eo< 0- -; rn U - '" 0 00 '" " 0 N '" 00 0 '" " '" " '" 00 .-.. '" '" '" '" 0 0 " '" '" 0 " 0 ~i~ "," .. .. "," r-: "," .-.." 0;- N" .n - - p,'"' '0'0 Ii Ii ... ",0 j " f'I< i - 'S Ii 'S 'S fi ~ .g 'B iO' " ~ ~ " " 1;; Jl ..Q fr - > <.> ~ <.> 0 " >-, u.. ::E ::E ..:; <<: '" 0 Z 0 t t I-t ;>-; ,.Q I-t ..0.(1,) ~a,.<; 'inS 2,s "S ::t.8. ~. ..13. >. (I,) ...>' 5bB-S. .!1:?... 8 ~ ..~,..;:g ..~ ~ ...~'.;g.il1r~o i:o CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF OCTOBER, 2006 TOTAL TONS 10/02/06 OLD TOWN A.C. OVERLAYS 659 3 10/03/06 OLD TOWN A.C. OVERLAYS 680 3,5 10/04/06 OLD TOWN A.C. OVERLAYS 688 3.5 10/05/06 LOS RANCHITOS AREA A.C. OVERLAYS 403 2.5 10/09/06 NO. GENERAL KEARNY AT CAMINO CAMPOS R & R AC 136 4 10/1 0/06 MARGARlTA AT SOLANA A.C. OVERLAYS 244 3.5 10/11/06 LA COLIMA AT NO. GENERAL KEARNY R&RAC. 98 2 10/12/06 MARGARITA AT MORAGA AC. OVERLAY 441 3 10/13/06 30660 MILKY WAY FILLED POTHOLE 10/16/06 MARGARlTA AT SONOMA R&R A.C. 140 3.5 10 17/06 FRONT AT LOWER 79 SO. (PARK-N-RIDE) DOWN SPOUT 200 3 10/18/06 NIB MARGARlTA AT CIMADEL SOL R&RAC 310 8 10/19/06 NIB MARGARITA AT CIMA DEL SOL R&RAC 120 3.5 10/23/06 OLD TOWN FRONT AT HWY 79 SO. A.C. OVERLAY 511 4 10/24/06 MARGARITA AT A VENIDA CIMA DEL SOL R&R A.C. 450 12,5 10/25/06 MARGARITA AT AVENIDACIMA DEL SOL R&R A.C. 470 11.5 10/30/06 MARGARITA AT A VENIDA CIMA DEL SOL R&R AC. 432 11.5 10/31/06 PECHANGAPARKWAY A.C. OVERLAY 459 3.5 TOTAL S.F. OF REPAIRS 6.442 TOTAL TONS 86 R:\MAINT AINIWKCMPL TD\ASPHAL T.REPAIR\06,07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF OCTOBER, 2006 10/02/06 CITYWIDE CLEANED & CHECKED 13 CATCH BASINS 10/04/06 OLD TOWN CLEANED & CHECKED 4 CATCH BASINS 10-105/06 AREA #2 CLEANED & CHECKED 16 CATCH BASINS 10/09/06 CITYWIDE CLEANED & CHECKED 19 CATCH BASINS 10/10/06 AREA #3 CLEANED & CHECKED II CATCH BASINS 10/11/06 AREA #4 CLEANED & CHECKED 12 CATCH BASINS 10112/06 AREA #1 CLEANED & CHECKED 16 CATCH BASINS 10/16/06 AREA #1 CLEANED & CHECKED 14 CATCH BASINS 10/18/06 AREAS #1 & #2 CLEANED & CHECKED 3 CATCH BASINS 10/1906 AREAS #2 & #3 CLEANED & CHECKED 5 CATCH BASINS 10/1906 AREA #1 CLEANED & CHECKED 3 CATCH BASINS 10/23/06 CITYWIDE CLEANED & CHECKED 17 CATCH BASINS 10/26/06 AREA #1 CLEANED & CHECKED 3 CATCH BASINS 10/30/06 CITYWIDE CLEANED & CHECKED 16 CATCH BASINS 10/31/06 AREA #1 CLEANED & CHECKED 21 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED -...!1J. R:\MAfNTAIN\WKCMPLETD\CATCHBAS\06.07\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS I STRIPING MONTH OF OCTOBER, 2006 10/02/06 CITYWIDE (NEW SPEED LIMIT LEGENDS) REPAINTED 13 LEGENDS 10/03/06 AREA #3 REPAINTED 31 LEGENDS 10/05/06 RANCHO CALIFORNIA ROAD E & W OF 1-15 FWY REPAINTED 10 LEGENDS 10/09/06 REDHA WK AREA REPAINTED 12 LEGENDS 10/1 0/06 V AIL RANCH AREA REPAINTED 45 LEGENDS 10/11/06 V AIL RANCH AREA REPAINTED 6 LEGENDS 10/12/06 V AIL RANCH AREA REPAINTED 12 LEGENDS 10/16/06 V AIL RANCH AREA REPAINTED 34 LEGENDS 10/18/06 V AIL RANCH AREA REPAINTED 23 LEGENDS 10/19/06 DEER HOLLOW AT PEPPERCORN REPAINTED 13 LEGENDS 10/20/06 RAINBOW CANYON REPAINTED 360 L.F. OF RED CURB 10/23/06 BUTTERFIELD STAGE ROAD AT CHANNEL STREET REPAINTED 26 LEGENDS 10/24/06 AREA #1 REPAINTED 1,437 L.F. RED CURB 10/25106 AREA #1 REPAINTED 24 LEGENDS 10/26106 RANCHO VISTA REPAINTED 9 LEGENDS 10/31/06 AREA #1 REPAINTED 1,710 L.F. RED CURB TOTAL NEW & REPAINTED LEGENDS NEW & REPAINTED RED CURB & STRIPING L.F. ~ 3.507 R:\MAINTAIN\WRKCOMPLTD\STRJPINQ\06.07 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF OCTOBER, 2006 10/05/06 RANCHO VISTA AT MIRA LOMA TRlMMED 3 R.O.W. TREES 10/05106 MARGARITA AT STONEWOOD TRIMMED 2 RO.W, TREES 10/1 0/06 LA SERENA TRIMMED 5 R.O.W, TREES 10/16/06 MARGARITA AT JEDEDIAH SMITH TRIMMED RO.W. TREES 10/17106 SIB MARGARITA BETWEEN SANTIAGO AND SAN FERMAN TRIMMED 10 RO.W. TREES 10/17/06 SIB MARGARITA BETWEEN SANTIAGO AND SAN FERMAN TRIMMED 19 R.O.W. TREES 1018/06 SIB MARGARITA BETWEEN SANTIAGO AND SAN FERMAN TRIMMED 6 R.O,W. TREES 10/18/06 FRONT STREET AT MORENO TRIMMED R,O.W, TREES 10/18/06 SIB MARGARITA BETWEEN SANTIAGO AND SAN FERMAN TRIMMED 25 RO.W, TREES 10/19/06 SIB MARGARITA BETWEEN SANTIAGO AND SAN FERMAN TRIMMED 6 R.O.W. TREES 10/26/06 CAMINO CAMPOS VERDE TRIMMED 3 RO.W, TREES TOTAL R.O.W. TREES TRIMMED ~ R:\MAINT AfN\WRKCOM?LTD\TREESI06.07 ITEM NO. 27 Approvals City Attorney Director of Finance City Manager ~ IJ~ 00....- CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Shawn Nelson, City Manager DATE: November 28, 2006 SUBJECT: City Council TravellConference Report - October 2006 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On October 12 Mayor Ron Roberts traveled to Sunrise, Florida to attend the National League of Cities Transportation Infrastructure and Services Fall Steering Committee Meeting (TIS). Attachments: Meeting Agenda Transportation Infrastructure and Services (TIS) FaD Steering Committee Meeting Thursday-Saturday, October 12-14.2006 9rowne Plaza Hotel- Fort Lauderdale at Sawgrass Mills . Preliminary Agenda PIIJ tJ() r 4TT0v9 Af.1</IlLG> ~T /~J'Y'7 Thursdav. October 12. 2006 I L 6:00 PM Taste of Sunrise, Grand Ballroom, City of Sunrise ~ Center (Transportation will leave from hotel at 5:30 pm) Fridav. October 13. '6 8:00 AM - 8:30 AM J 8:30 AM - 8:45 AM 8:45 AM- 9:00 AM / 9:00 AM,- 10:45 AM j Breakfast Welcome and Meeting Overview Bill Brooks, Chair Mayor, City of Belle Isle, Florida . Federal Study Commission Update David Parkhurst Principal Legislative Counsel, NLC Surface Transportation Financing Port of Miami PPP Project Javier Rodriguez, P.E. Director of Transportation Development for District VI, Miami-Dade and Monroe Counties . , ,j Policy Discussion 10:45AM-II:00AM j Break , 1l:00AM-ll:15 AM Board Update , Marcia Marcoux Councilmember; Rochester, Minnesota . 3 Frida October 13 ' 11:15 AM-Noon Noon - I :00 PM 1:00 PM - 2:45 PM 2:45 PM - 3:00 PM 3:00 PM - 3:30 PM 3:30 PM":'4:0() PM 6:00 PM Saturdav. October 14. 200 8:30 AM -9:00 AM 9:ooAM-IO:15AM 10:15 AM - 10:30 AM 10:30AM-11:30AM ' 11:30 AM,- Noon Legislative Update David Parkhurst PrinCiPjgiSlatiVe Counsel, NLC Lunch Intermodal!Freight Movement.J Introduction and Background Video Ron Roberts Councilmember, Temecula, California & , J Wendy Greuel "J CounciImember, Los Angeles, CaliJa Alternative Uses for Container Fees ~ Steve Adams "" Councilmember, Riverside, CA ,Policy jiscussion Break J Mass Transi Policy Discussion Transportation secUriJ Policy Discussion ,~ J)).{) rfdT }j-TruJD . S7JJ-!u:> AT)J&7FL ~ NHL Florida Panthers OpenlngNight, BankAtlantic Center (fransportation will leave froin hotel at 5:30 pm) - Breakfast Additional Policy Discussion Break Review Resolutions Wrap-up and Adjourn 4 ITEM NO. 28 Approvals City Attorney Director of Finance City Manager V /)/2 OR- CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Mitch Aim, Chief of Police DATE: November 28, 2006 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Departmentforthe month of October 2006. PATROL SERVICES Overall calls for police service ................................................................................................. 3,556 "Priority One" calls for service ....................................................................................................... 35 Average response time for "Priority One" calls.............................................................5.06 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 411 Community Action Patrol (CAP) hours .......................................................................................230 Special Event hours ....................................................................................................................209 Total Volunteer hours.................................................................................................................. 902 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ........................................................................................ 4 Residentiallbusiness security surveys conducted ....................................................................... 2/0 Businesses visited.......................................................................................................................... 7 Businesses visited for past crime follow-up.................................................................................. 13 Crime prevention articles ................................................................................................................1 Total square footage of graffiti removed.................................................................................. 5,068 OLD TOWN STOREFRONT Total customers served............................................................................................................... 326 Sets of fingerprints taken .............................................................................................................. 23 Police reports filed ........................................................................................................................ 17 Citations signed off ....................................................................................................................... 18 Total receipts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... .... ... ... ... ... ... ..... ..... $7,280 STREET ENFORCEMENT UNIT On sight felony arrests ....................................................................................................................9 On sight misdemeanor arrests...................................................................................................... 10 Felony arrest warrants served ...................................................................................................... 20 Follow-up investigations................................................................................................................ 12 Drugs Seized 45 pounds Marijuana 55 grams Methamphetamine 10 items of drug paraphernalia SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests ....................................................................................................................1 On sight misdemeanor arrests........................................................................................................3 Felony arrest warrants served ........................................................................................................0 Misdemeanor arrest warrants served ............................................................................................. 4 Follow-up investigations.................................................................................................................. 0 Drugs Seized None TRAFFIC Citations issued for hazardous violations ................................................................................ 1,645 Non-hazardous citations............................................................................................................. 508 Stop Light Abuse Program (SLAP.) citations........................................................................... 342 Neighborhood Enforcement Team (N.E.T.) citations ................................................................. 443 Parking citations.. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... .... 869 Injury collisions.............................................................................................................................. 15 INVESTIGATIONS Total cases assigned .................................................................................................................... 84 Total case closure rate.................................................................................................................. 54 Current total of all open cases (as of end of month) .................................................................. 235 Presentations (Investigator Gray- Sexual Predators) ...................................................................1 PROMENADE MALL TEAM Calls for service........................................................................................................................... 493 Felony arrest/filings......................................................................................................................... 6 Misdemeanor arrest/filings............................................................................................................ 17 Vehicle burglaries........................................................................................................................... 3 Vehicle thefts. ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... .... ... ... ... ... ... ..... ... ... ... ..... 0 PreventionlSuppression Programs Promenade Mall High Visibility Program Promenade Mall Holiday Hot Spot Crime Awareness for Retail Merchants Course Theft Decoy Program PROMENADE MALL STOREFRONT Total customers served............................................................................................................... 207 Sets of fingerprints taken ............................................................................................................ 138 Police reports filed........................................................................................................................ 48 Traffic Citations ........................................................................................................................... 212 Total Receipts........................................................................................................................ $7,356 SCHOOL RESOURCE OFFICERS Arrests....................................................................................................................... .................... 17 Citations..................................................................................................................... ................... 96 Files............................................................................................................................................. 247 Presentations Disaster PreparednesslActive Shooter Response .................................................... Administration Bullying/Gangs................................................................................................................... 6'h Grade Say No To Drugs.......................................................................................................................... K-5 Stranger Danger................................................................................................................. 2,d Grade Domestic Violence ........................................................................................................... 11'h Grade Law Enforcement Job Opportunities/Drugs............................................................................... 9-12 Drug Awareness......................................................................................................................... K-12 McGruff Presentation ................................................................................................................... K-5 Personal Safety ... ... ... ... ... ... ..... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ... ... ... .... ... ... ... ... ... ..... ..... K-4 Drugsl Alcohol....................................................................................................................... ........ 5-8 Back to School Night.................................................................................................................. 9-12 YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members .......................................................................... 3 School visits.................................................................................................................................. 49 Home visits.................................................................................................................................... 16 Presentations Parent Project BullyinglGangs