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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
DECEMBER 12, 2006 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Section:'
1. Conference with real property negotiator pursuant to Government Code
l?ection 54956.8 regarding real property negotiations for the property
identified as APN 909-370-002 and located at the northwest corner of Diat
Road and Oendy ,Lane. The negotiating parties are the City of
TemeculaJRedevelopment Agency and AGK Group. Under negotiation are
the price and terms of payment of reai property interests. The CitY/Agency
negotiators are Shawn Nelson and John Meyer.
2. Conference with City Attorney pursuant to Government Code Section
54956.9(b) with respect to one matter of potential litigation. With respect to
such matter, the City"Attorney has determined that a point has been reached
where there is a significant exposure to litigation involving the City and City
related entities based on existing facts and circumstances. With respect to
such matter, ,the City Council will also meet pursuant to Government Code
Section 54956.9(c) to decide whether to initiate litigation.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents Mid by the City
Clerk.
Next in Order:
Ordinance: 06-13
Resolution: 06-103
CALL TO ORDER:
Mayor Ron Roberts
Prelude Music:
Invocation:
Broadway Bound presented by Temecula Performing Arts Company
Pastor John Ruhlman of Life Church
Flag Salute:
Mayor Pro Tem Washington
1
Special Presentation to Eve Craiq
Government Finance Officers Association Distinquished Budqet Presentation Award
Special Recoqnition to Ron Parks
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 Minutes
RECOMMENDATION:
2,1 Approve the minutes of November 14, 2006,
3 Resolution approvinq List of Demands
RECOMMENDATION:
2
3,1 Adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report as of October 31, 2006
RECOMMENDED:
4,1 Approve the City Treasurer's Report as of October 31, 2006,
5 Aqreement for Consultinq Services between the Citv of Temecula and Fehr and Peers
Transportation Consultants (at the request of Council Members Naqqar and Comerchero)
RECOMMENDATION:
5,1 Approve the contract with Fehr and Peers Transportation Consultants in the amount
of $37,660,00;
5,2 Authorize the City Manager to approve additional services up to 10% of the amount
of the agreement not to exceed $3,766,00; additional services that exceed this
amount will require City Council approval.
5,3 Approve a budget appropriation of $41,426 from General Fund Designated Fund
Balance,
6 Aqreement with the Friends of the Temecula Librarv to Operate the Friends Bookstore
RECOMMENDATION:
6,1 Approve an agreement with the Friends of the Temecula Library for the operation of
the Friends Bookstore at the Temecula Public Library,
7 Donation of Artwork at the Temecula Public Librarv
RECOMMENDATION:
7,1 Approve an agreement with the Friends of the Temecula Library for the donation of
commissioned artwork for display at the Temecula Public Library,
8 Concessions Aqreement with European Cafe
RECOMMENDATION:
8,1 Approve an agreement with European Cafe to provide concession services at the
Old Town Temecula Community Theater and the Temecula Public Library,
3
9 Tract Map No, 33124 (located east of Pechanqa Parkwav within the Wolf Creek Specific
Plan)
RECOMMENDATION:
9,1 Approve Tract Map No, 33124 in conformance with the Conditions of Approval;
9,2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement;
9,3 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
10 Tract Map No, 34062 (located at 42140 Lvndie Lane)
RECOMMENDATION:
10,1 Approve Tract Map No, 34062 in conformance with the Conditions of Approval.
11 Acquisition of Tax-Defaulted Propertv for Open Space Habitat/Preservation
RECOMMENDATION:
11,1 Adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
OBJECTING TO THE PUBLIC SALE OF CERTAIN TAX-DEFAULTED
PROPERTY LYING WITHIN THE CITY OF TEMECULA, OFFERING TO
PURCHASE THE PROPERTY FOR OPEN SPACE HABITAT/PRESERVATION
PURPOSES
12 Approval to the Plans and Specifications and Authorization to Solicit Bids for the Wideninq of
the South Side of Rancho California Road from Interstate 15 to Old Town Front
Street/Jefferson Avenue - Proiect No, PW02-19
RECOMMENDATION:
12,1 Approve the Plans and Specifications and authorize the Department of Public
Works to solicit construction bids for the widening of the south side of Rancho
California Road from Interstate 15 to Old Town Front Street / Jefferson Avenue -
Project No, PW02-19,
13 Amendment No, 3 for Consultant Services for the French Vallev Parkwavll-15 Overcrossinq
and Interchanqe Improvements and Interim Southbound Off-Ramp to Jefferson Avenue -
Proiect No, PW02-11
RECOMMENDATION:
4
13,1 Approve Amendment No, 3 to the consultant agreement with Moffatt & Nichol
Engineers in an amount not to exceed $283,982,52 for additional services
necessary to complete the Project Report and Environmental Document for the
French Valley Parkwayll-15 Overcrossing and Interchange Improvements and
Interim Southbound Off-Ramp to Jefferson Avenue - Project No, PW02-11;
13,2 Authorize the Mayor to execute the amendment to the agreement.
14 Acceptance and Filinq the Notice of Completion for the Slurrv Seal Project FY2005-2006,
Redhawk Area - Project No, PW06-01
RECOMMENDATION:
14,1 Accept the Slurry Seal Project FY 2005-2006 - Redhawk Area - Project No, PW06-
01, as complete;
14,2 File the Notice of Completion, release the Performance Bond, and accept a one-
year Maintenance Bond in the amount of 10% of the contract;
14,3 Release the Materials and Labor Bond seven months after the filing of the Notice of
Completion, if no liens have been filed,
15 Parcel Map No, 33386 (located on the north side of Lolita Road, in an urbanized area of Los
Ranchitos)
RECOMMENDATION:
15,1 Approve Parcel Map No, 33386 in conformance with the Conditions of Approval;
15,2 Accept the Certificate of Deposit Agreement for Monumentation and accept the
Subdivision Monumentation Certificate of Deposit as security for the agreement.
16 Purchase and Implementation of Handheld Traffic Citation Svstem
RECOMMENDATION:
16,1 Approve the Purchase and Installation Agreement with Crossroads Software Inc, in
the amount of $63,130,96 to purchase and implement a handheld traffic citation
system;
16,2 Authorize the City Manager to approve additional work up to 10% of the amount of
the Agreement, not to exceed a total amount of $6,313,10,
17 Ball Field Naminq-Patricia H, Birdsall Sports Park (at the request of Mavor Pro Tem
Washinqton)
RECOMMENDATON:
5
17,1 Authorize the naming of the championship softball field at the new Patricia H,
Birdsall Sports Park to become known as the "Jacob A. Nelson Championship
Field,"
18 Park and Ride Aqreement - Rancho Communitv Church
RECOMMENDATION:
18,1 Approve in substantial from the attached Park and Ride agreement for (100) spaces
at the Rancho Community Church property,
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
19 Minutes
RECOMMENDATION:
19,1 Approve the minutes of November 28, 2006,
20 Rizzo Construction, Inc, Aqreement
RECOMMENDATION:
20,1 Adopt a resolution entitled:
RESOLUTION NO. CSD 06-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
6
COMMUNITY SERVICES DISTRICT APPROVING A CONSTRUCTION
AGREEMENT WITH RIZZO CONSTRUCTION FOR THE PATRICIA H. BIRDSALL
SPORTS PARK CONCESSION STAND IMPROVEMENTS
CSD BUSINESS
21 Appointment of President and Vice President of the Communitv Services District for
Calendar Year 2007
RECOMMENDATION:
21,1 Entertain motions from the Board of Directors to appoint the President, effective
January 1, 2007, to preside until the end of Calendar Year 2007;
21,2 Entertain motions from the Board of Directors to appoint the Vice President,
effective January 1, 2007, who will assume the duties of the President in the
President's absence, and hold this office until the end of Calendar Year 2007,
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
7
22 Minutes
RECOMMENDATION:
22,1 Approve the minutes of November 28, 2006,
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING
Any person may submit written comments to the City Council/Redevelopment Agency
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.
23 Fourth Amendment to the Disposition and Development Aqreement for the Temecula
Education Center
23,1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A FOURTH AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND AGK GROUP, LLC,
FOR THE TEMECULA EDUCATIONAL COMPLEX
23,2 That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 06-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A
FOURTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL
COMPLEX
RDA BUSINESS
24 Appointment of Chair Person and Vice Chair Person of the Redevelopment Aqencv for
Calendar Year 2007
RECOMMENDATION:
24,1 Entertain motions from the Agency Members to appoint the Chair Person to preside,
effective January 1, 2007, until the end of Calendar Year 2007,
8
24,2 Entertain motions from the Agency Members to appoint the Vice Chair Person,
effective January 1, 2007, who will assume the duties of the Chair Person in the
Chair Person's absence, and hold this office until the end of Calendar Year 2007,
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
25 AB 1600 Financial Reports
RECOMMENDATION:
25,1 Approve the AB 1600 Financial Reports,
COUNCIL BUSINESS
26 Appointment of Mavor and Mavor Pro Tem for Calendar Year 2007
RECOMMENDATION:
26,1 Entertain motions from the City Council Members to appoint the Mayor to preside,
effective January 1, 2007, to the end of Calendar Year 2007,
26,2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem,
effective January 1, 2007, who will assume the duties of the Mayor in the Mayor's
absence, and hold this office until the end of the Calendar Year 2007,
27 Amendment to the Citv's Park Ordinance
RECOMMENDATION:
27,1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 06-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 12.04.190 OF THE TEMECULA MUNICIPAL CODE
RELATING TO HOURS OF OPERATION OF CITY PARKS
9
DEPARTMENTAL REPORTS
28 Citv Council Travel/Conference Report - November 2006
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, January 9, 2007, at 5:30 P,M" for a
Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California,
10
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
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 December 12, 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 12th day of December, 2006.
Ron Roberts, Mayor
Susan W. Jones, MMC, City Clerk
Approvals
City Attorney
Director of Finance
City Manager
~('"
11/2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Susan W, Jones, City Clerk/Director of Support Services
DATE:
December 12, 2006
SUBJECT:
Declaration of Results of November 7, 2006 Municipal Election
RECOMMENDATION:
That the City Council:
1, Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON TUESDAY, NOVEMBER 7, 2006,
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
BACKGROUND: The General Municipal Election, held on November 7, 2006, was
conducted as provided for in City Council Resolution No, 06-45, adopted on June 13, 2006, The
attached resolution recites the facts as to the canvass of the returns and certified final results,
The attached resolution is prepared to formalize the process of declaring the results as provided by
the Elections Code of the State of California,
FISCAL IMPACT: To be determined, upon receipt of final billing from the County of
Riverside, Registrar of Voters, A budget allocation in the amount of $80,000 has been set aside to
defray these costs,
ATTACHMENTS:
Resolution No, 06-_
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2006,
DECLARING THE RESULTS AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
Section 1, A General Municipal Election was held and conducted in the City of
Temecula, California, on Tuesday, November 7,2006, as required by law;
Section 2, Notice of the election was given in time, form and manner as provided
by law; that voting precincts were properly established; that election offers were
appointed and that in all respects the election was held and conducted and the votes
were cast, received and canvassed and the returns made and declared in time, form
and manner as required by the provisions of the Elections Code of the State of
California;
Section 3, Pursuant to Resolution No, 06-45, adopted on June 13, 2006, the
County Registrar of Voters canvassed the returns of the election and has certified the
results to this City Council, the results are received, attached and made a part hereof as
"Exhibit A,"
Section 4, The City Council of the City of Temecula, does resolve, declare,
determine and order as follows:
A. That the whole number of ballots cast in the City, including absent voter
ballots, were 19,642,
B, That the names of the persons voted for at the election for Member of the
City Council are as follows:
Ron Roberts
Jeff Comerchero
Maryann Edwards
James "Stew" Stewart
Section 5, That the number of votes given at each precinct and the number of
votes given in the city to each of the persons above named for the offices for which the
persons were candidates was as listed in Exhibit "A" attached,
Section 6, The City Council does declare and determine that Ron Roberts, Jeff
Comerchero, and Maryann Edwards were elected Members of the City Council for a full
term,
Section 7, The City Clerk shall enter on the records of the City Council of the
City, a statement of the result of the election, showing: (1) The whole number of ballots
cast in the City; (2) The names of the persons voted for; (3) For what office each person
was voted for; (4) The number of votes given at each precinct to each person; (5) The
total number of votes given to each person,
Section 8, The City Clerk shall immediately make and deliver to each person so
elected a Certificate of Election signed by the City Clerk and authenticated; that the City
Clerk shall also administer to each person elected the Oath of Office prescribed in the
Constitution of the State of California and shall have them subscribed to it and file it in
the office of the City Clerk, Each and all of the persons so elected shall then be
inducted into the respective office to which they have been elected,
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 12 day ofDecember , 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 ResolutiorNo, 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 12th day of December, 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W, Jones, MMC
City Clerk
BARBARA DUNMORE
Registrar of Voters
2724 Gateway Drive
Riverside, CA 92507-0918
(951) 486-7200' FAX (951) 486-7272
www.voteinfo.net
REGISTRAR OF VOTERS
COUNTY OF RIVERSIDE
CERTIFiCATE OF REGISTRAR OF VOTERS
TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS
State of California )
) ss.
County of Riverside )
I, BARBARA DUNMORE, Registrar of Voters of said County, do hereby certify that, in
pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections
Code, and the resolution adopted by the City Council, I did canvass the returns of the votes
cast on November 7, 2006, as part of the Consolidated General Election in the
City of Temecula
and I further certify that the statement of votes cast, to which this certificate is attached, shows
the whole number of votes for each candidate for elective office at said election in said City
and in each precinct therein, and that the totals as shown for each candidate are full, true, and
correct.
Dated this 2nd day of December 2006.
~kaJ dlmrm/W
BARBARA DUNMORE
Registrar of Voters
12/04/06 6:24 PM
November 7,2006
RIVERSIDE COUNTY Statement of Vote
2006 GENERAL
808 of 905
TEMECULA CITY COUNCIL
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38000 38000 0 0 0.00 0 0 0 0
38000 - Absentee 0 0 0.00 0 0 0 0
38001 38001 328 130 39,63 70 72 62 50
38001 - Absentee 328 4 1,22 2 3 1 2
38004 38004 1399 410 29,31 212 216 232 201
38004 - Absentee 1399 311 22,23 152 172 181 127
38005 38005 0 0 0,00 0 0 0 0
38005 - Absentee 0 0 0,00 0 0 0 0
38006 38006 154 58 37,66 33 31 31 28
38006 - Absentee 154 2 1,30 *********** Insufficient Turnout to Protect Voter Privacy *********
38007 38007 404 171 42,33 84 73 92 91
38007 - Absentee 404 14 3.47 7 13 13 9
38009 38009 450 248 55,11 112 98 129 144
38009 - Absentee 450 5 1,11 5 4 3 3
38010 38010 0 0 0,00 0 0 0 0
38010 - Absentee 0 0 0,00 0 0 0 0
38012 38012 1406 397 28,24 244 220 239 184
38012 - Absentee 1406 296 21.05 202 179 206 102
38017 38017 1262 438 34,71 211 219 238
38017 - Absentee 1262 220 17.43 120 105 130
38020 38020 1086 350 32,23 203 199 162
38020 - Absentee 1086 247 22.74 143 149 158 101
38022 38022 968 210 21.69 111 104 116 97
38022 - Absentee 968 138 14.26 75 70 78 56
38023 38023 1278 351 27.46 212 208 208 195
38023 - Absentee 1278 352 27.54 233 210 231 169
38025 38025 1405 454 32,31 276 252 291 235
38025 Absentee 1405 341 24.27 209 196 216 169
38027 38027 1271 413 32.49 271 239 272 185
38027 - Absentee 1271 404 31.79 249 223 256 178
38028 38028 1586 530 33.42 315 304 317 282
38028 - Absentee 1586 370 23.33 238 221 251 175
38030 38030 1058 381 36.01 235 222 240 211
38030 - Absentee 1058 267 25,24 157 149 175 142
38035 38035 1221 358 29.32 200 214 202 172
38035 - Absentee 1221 213 17.44 115 118 127 96
38036 38036 1477 476 32,23 315 321 303 210
38036 - Absentee 1477 394 26.68 247 237 260 170
38039 38039 1498 529 35.31 303 284 311 267
38039 - Absentee 1498 385 25.70 230 222 259 185
38042 38042 214 128 59.81 79 85 80 59
38042 - Absentee 214 3 1.40 *********** Insufficient Turnout to Protect Voter Privacy *********
38044 38044 1117 384 34.38 230 226 231 207
38044 - Absentee 1117 285 25.51 184 184 193 132
38046 38046 1604 512 31,92 304 281 309 249
38046 - Absentee 1604 390 24,31 222 227 226 187
38049 38049 1253 368 29,37 225 210 233 186
38049 - Absentee 1253 223 17,80 124 121 134 111
38051 38051 1037 364 35.10 213 214 236 166
38051 - Absentee 1037 211 20.35 126 129 120 99
38054 38054 1014 353 34,81 214 187 220 167
38054 - Absentee 1014 163 16.07 89 87 90 85
38055 38055 1294 419 32.38 220 206 245 172
38055 - Absentee 1294 265 20.48 156 161 167 102
38058 38058 1573 520 33.06 288 276 334 228
38058 Absentee 1573 351 22,31 198 198 207 164
38059 38059 1547 491 31.74 319 289 313 223
38059 - Absentee 1547 266 17.19 160 164 167 99
38064 38064 1720 533 30,99 284 292 301 264
38064 - Absentee 1720 301 17.50 158 179 162 158
38065 38065 1339 390 29,13 217 211 216 180
12/04/066:24 PM
November 7,2006
RIVERSIDE COUNTY Statement of Vote
2006 GENERAL
809 of 905
TEMECULA CITY COUNCIL
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380650 Absentee 1339 274 20.46 161 146 167 139
38066 38066 1275 428 33,57 251 238 275 202
38066 - Absentee 1275 258 20,24 154 149 166 107
38070 38070 1365 422 30.92 246 241 255 185
38070 - Absentee 1365 309 22,64 196 198 215 120
38072 38072 1037 320 30,86 186 171 182 149
38072 - Absentee 1037 148 1 82 76 86 62
38078 38078 1347 387 228 214 255 183
38078 - Absentee 1347 309 182 170 183 121
Precinct Totals 38987 11923 32.24 8911 6617 7196 5752
Absentee Totals 38987 7719 20.87 4578 4485 4818 3503
District Totals - Absentee
45th Congressional District 1347 309 22.94 182 170 183 121
49th Congressional District 35640 7410 20.79 4396 4295 4633 3382
36th Senatorial District 36987 7719 20.87 4578 4465 4816 3503
64th Assembly District 6066 1086 17,90 640 650 675 496
66th Assembly District 6633 21.45 3938 3815 4141 3007
3rd SUPERVISORIAL DISTRICT 36987 7719 20.87 4578 4465 4818 3503
City of Temecula 36987 7719 20.87 4578 4465 4816 3503
District Grand Totals
45th Congressional District 1347 696 51.67 410 384 438 284
49th Congressional District 35640 53,16 11079 10698 11574 8971
36th Senatorial District 36987 53,11 11489 11082 12012 9255
64th Assembly District 6066 54.55 1867 1801 2006 1564
66th Assembly District 30921 52.82 9622 9281 10006 7691
3rd SUPERVISORIAL DISTRICT 36987 53,11 11489 11082 12012 9255
City of Temecula 36987 53,11 11489 11082 12012 9255
Grand Totals 36987 19642 53,11 11489 11082 12012 9255
CONSENT CALENDAR
ITEM NO.1
ITEM NO.2
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
NOVEMBER 14, 2006
The City Council convened in Closed Session at 6:00 p,m, and its regular meeting commenced
at 7:00 P,M" on Tuesday, November 14, 2006, in the City Council Chambers of Temecula City
Hall, 43200 Business Park Drive, Temecula, California,
Present:
5
Council Members:
Comerchero, Edwards, Naggar, Washington, and
Mayor Roberts,
Absent:
o
Council Members:
None,
PRELUDE MUSIC
The Prelude Music was provided by Musicians Workshop Youth Orchestra,
INVOCATION
The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula,
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Edwards,
PRESENTA TIONS/PROCLAMA TIONS
Temecula Achievement Proqram Presentation
The following students were presented with a Certificate of Achievement for their completion of
the Temecu/a Achievement Program:
o Joshua Bradshaw
o Matthew Bradshaw
o Isaiah Jackson
o Nicole Marchese
o Jessica Morrill
o Nicholas Ortiz
o Alexander Race
o Auggie Vaccaro
oRiana Youngken
o Sergio Afonso
o Juwan Maxwell
o John Cross
o Gabby Casillas
o Rylie Buckland
o Mateo Rojas
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Navv Chief Pettv Officer Michael McCracken Proclamation
Mayor Roberts, on behalf of the City Council of the City of Temecula, commended Officer
McCracken on his numerous achievements and for his contributions to the City of Temecula,
hereby proclaiming November 14, 2006, to be Chief Petty Officer Michael R. McCracken Day.
In attendance to accept the Proclamation, Chief Petty Officer McCracken thanked the City
Council for its recognition,
Pink Heart Medal - Citv of Temecula Perpetual Plaque
Thanking the City Council and staff for its ongoing support over the past eight years, Ms,
Nottingham, Mr. Fleming, and Ms, Jacob relayed their appreciation and accepted the Pink Heart
Medal.
Familv Niqht in Temecula Proclamation
On behalf of the City Council, Council Member Naggar proclaimed Monday, November 20,
2006, to be the first Monday declared as Family Night and to continue for subsequently one
year from date,
In acceptance of this proclamation were Ms, Fielding, representing Christian Science Society of
Temecula; Mr. Johnson, representing Unity Church of the Valley, Ms, Matthews, representing
Bahai Community of Temecula; Father Simon Poptelecan, representing St, Nicholas Orthodox;
Ms, Slocum, representing Personal Faith; Mr. Slusser, representing Church of Jesus Christ of
Latter Day Saints; Ms, Turley-Trejo, representing Church of Jesus Christ of Latter Day Saints;
and Mr. Abdulla and Mr. Maraba representing the Islamic Center of the Southwest Riverside
County Interfaith Council.
PUBLIC COMMENTS
A. Mr. Randon Lane, Murrieta, spoke regarding recent vandalism in the City of Murrieta and
requested a donation which would be placed in a reward fund for any information leading to the
arrest of individuals involved with the vandalism; and informed that donations could be made by
calling the Chamber of Murrieta at (951) 677-7916 or (951) 830-3485,
Expressing interest in Mr. Lane's request, Council Member Comerchero requested that
the City Manager consider expending $2,000,
In response to Council Member Comerchero's request, City Attorney Thorson noted that
in order to contribute towards a reward fund, under California Law, his request would need to be
placed on an agenda for separate action,
B, Mr. John Dedovesh, Temecula, referenced an article in the Valley News with regard to
red light violations and requested that the City Council explore the possibility of implementing
red light cameras in the City of Temecula,
C, Mr. Jason and Paul Rossi, Temecula, extended an invitation to the City Council to attend
the Great Oak High School Gala which will raise funds for students to attend and participate in
the Fiesta Bowl Band Championship,
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D, Ms, Marsi Yount, Temecula, encouraged the City Council and public to support the spirit
of Great Oak Band,
CITY COUNCIL REPORTS
A. Mayor Pro Tem Washington thanked the City Clerk's Department for its efforts in
ensuring that certificates and proclamations are performed in a timely manner.
Referencing the Thanksgiving Season, Mayor Pro Tem Washington advised that
donations of turkeys and canned goods may be donated to the Temecula Food Pantry at (951)
676-8022,
B, Having requested that the Public Utilities Commission (PUC) reexamine itsliered rate
structure regarding Temecula and its surrounding cities, Council Member Comerchero reported
that Western Riverside Council of Governments (WRCOG) prepared a study as the first step
that will demonstrate a new way to calculate differences in temperatures between cities; and
advised that more information will be provided, as it becomes available,
Council Member Comerchero announced that The Children's Museum will be hosting
Pennypickle's Winter Wonderland on Friday, December 8, 2006, from 5:30 p,m, to 9:00 p,m,
Thanking the public for their votes, Council Member Comerchero pledged to serve the
City for the next four years,
C, Speaking highly of the Great Oak High School Band and Color Guard, Council Member
Edwards also encouraged the public to attend the fundraiser on Saturday, November 18, 2006,
at South Coast Winery and Resort, advising that more information may be found at
www.spiritofqreatoak.com.
Expressing her appreciation to those who voted for her, Council Member Edwards noted
that she will work hard to serve the citizens of Temecula for the next four years,
Relaying his appreciation for his reappointment, Mayor Roberts stated that he, as well,
will work hard to serve the citizens of Temecula,
Mayor Roberts also advised that he had an opportunity to present Dustin Lewis with a
proclamation that proclaimed Dustin Michael Lewis Day in the City of Temecula, expressing his
heartfelt thoughts to Dustin who is a senior at Chaparral High School who suffers from an Auto
Immune Disease; noting he was a gymnast who has competed and won many medals at the
Southern California Elite Gymnast Association, and will continue to pursue his dream as a
graphic designer.
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At this time, Agenda Item Nos. 7 and 43 were addressed out of order.
CONSENT CALENDAR
7 Adoption of 1 st Reconnaissance Marine Battalion (at the request of Mavor Pro Tem
Washinqton)
RECOMMENDATION:
7,1 Adopt the 1 st Reconnaissance Marine Battalion as the official battalion for the City
of Temecula,
Mayor Pro Tem Washington provided a staff report (of written record),
MOTION: Mayor Pro Tem Washington moved to adopt the 1" Reconnaissance Marine
Battalion as the official battalion for the City of Temecula, Council Member Comerchero
seconded the motion and electronic vote reflected unanimous approval.
At this time, Mayor Pro Tem Washington presented Sergeant Major Miller with a certificate,
adopting him as the City's Official Marine Battalion,
Accepting the position of the City's Official Marine Battalion, Sergeant Major Miller thanked the
City Council for the opportunity to serve,
Mayor Pro Tem Washington requested that the Director of Information Systems explore the
feasibility of adding a link to the City's website so that cards to Marines may be disbursed in the
proper format.
PUBLIC HEARING
43 Appeal of Planninq Commission Approval of Planninq Application No, PA06-0213, a
Development Plan with a Conditional Use Permit for the development of a water park
located on 15.4 acres at the northwest corner of Ynez Road and Countv Center Drive
consistinq of pools, slides, and other tvpes of water rides, concession stands, qift shop,
partv room, chanqinq room with lockers, restrooms, picnic areas, service vard, and a 433
space parkinq lot.
RECOMMENDATION:
43,1 Adopt a resolution entitled:
RESOLUTION NO. 06-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DENYING THE APPEAL OF PLANNING COMMISSION APPROVAL OF
PLANNING APPLICATION NO. PA06-0213, A DEVELOPMENT PLAN WITH A
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A WATER PARK
LOCATED ON 15.4 ACRES AT THE NORTHWEST CORNER OF YNEZ ROAD
AND COUNTY CENTER DRIVE
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Director of Planning Ubnoske provided a staff report (of written record),
City Attorney Thorson announced that a letter was received today by Attorney David Hubert,
representing the Ynez Business Center. City Attorney Thorson noted that the issues that he will
be addressing would pertain to the CC&Rs and aesthetic impacts of the appeal.
City Attorney Thorson stated the following:
o That the CC&Rs would be private restrictions that have been imposed on the land
through an agreement among the land owners within the business park; that itwould not
function as zoning; that CC&Rs would not function as City imposed conditions; and that,
therefore, the City would not have any authority to enforce them or to take them into
consideration, reiterating that the CC&Rs would be private restrictions between the land
owners and the Association, not the City of Temecula
o That the City would only be able to enforce zoning ordinances which have been
approved by the City Council pursuant to public hearing procedures imposed by law
o That if the City Council were to enforce private CC&Rs or use them as a basis for
deciding whether to approve or not approve a project, the City Council would be
advocating police powers and delegating the City's zoning authority to a private party
o That although CC&Rs would be important to a property owner, they would not be
restrictions that the City could enforce or use as a basis for approving or denying a
project
o That the CC&Rs referred to in this case would be standard CC&Rs that would be
imposed on all projects in the mid 1980s,
With regard to aesthetic impacts, City Attorney Thorson noted the following:
o That aesthetic impacts would fail to address the CC&Rs; noting that the CC&Rs would
not be City imposed conditions; that CC&Rs would not be a document that the City could
enforce
o That the issues of traffic would be legitimate issues, but that the CC&Rs would be strictly
private between the Association and its members,
In response to Council Member Comerchero's query, Director of Planning Ubnoske noted that
the property owners have never raised the issue of keeping the proposed site vacant.
Helping to clarify for Council Member Naggar, Director of Planning Ubnoske stated that the
proposed use would be consistent with the City's General Plan; that the proposed use would
generate less traffic than any other allowable use; and that the proposed use would only be
open four months out of the year.
Referencing the Mitigated Negative Declaration (MND), City Attorney Thorson noted that based
on the Initial Study, the City has addressed all environmental impacts,
Responding to Mayor Pro Tem Washington's query with regard to planning, Director of Planning
Ubnoske noted that from a planning perspective, trip generations would be based on zoning,
vacant property, and the most intense use,
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Director of Public Works Hughes noted that in terms of the General Plan and Circulation
Element and the impact on the existing land uses, the Public Works Department would average
the expected trip generation of future undeveloped properties; that some uses would generate
more than expected and some uses would generate less than expected; that in this case, the
proposed use would not generate any trips until 10:00 a,m, and that the p,m, hours would
generate considerably less than any other permitted use,
With regard to the Harveston project, Director of Public Works Hughes advised that millions of
dollars were expended on infrastructure to mitigate new homes that would be developed in that
project; that the Harveston project also made improvements to mitigate the commercial areas to
the west of Harveston which included additional turning movements at Winchester Road and
Ynez Road, widening at Margarita Road and Winchester Road, improvements of Date Street
which would allow for six lanes, improvements of Ynez Road from the northern city limits to
Winchester Road, and some funding of the design for the French Valley Interchange,
Reiterating previous comments, Director of Public Works Hughes stated that the Harveston
project not only took into account what impacts would be made by its project, but the existing
business park, and any development of the site in question; and that the proposed site would be
adequate to handle the proposed project,
At this time, the public hearing was opened,
Mr. Dan Hunter, representing Clearwater Waterpark Development, offered the following
comments:
o That the proposed project would employ 300 of Temecula's youth
o That the traffic impacts would be off-peak hours
o That the applicant has and will continue to make a good faith effort with regard to the
business park's CC&Rs
o That the proposed project will be secured
o That the applicant's experience would be that individuals who pay to enter a water park
would not be there to loiter but to have fun
o That the applicant addressed noise issues which would be below what the City would
require
o That the applicant has made every effort to be a good neighbor and will continue this
policy; and that the applicant would be willing to address any parking impacts that may
arise,
Expressing appreciation to the Planning Commission and staff, Mr. Hunter stated that his team
would be available to answer any questions,
In response to Mayor Roberts, Mr. Hunter advised that the applicant has been conservative with
regard to capacity limit in the park and parking lot, noting that the Fire Department would have
its own capacity level.
For Council Member Naggar, Mr. Hunter noted that the water park would appeal to families and
that it would not be comparable to Raging Waters, Irvine; that this water park would be a small
park for its local residents; and that with an approval, the proposed park would be anticipated to
be completed mid summer of 2007,
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Mr. Hunter noted that during the months that the park is closed, there would be staff on site and
that the park will be secured,
Mr. David Hubbard, appellant representing Ynez Business Center, highlighted on the following:
o That although the City cannot enforce the CC&Rs, the City should acknowledge that
they exist and analyze the project in comparison to what the CC&Rs state
o That there would be potential land use impacts that have not been addressed
o That there would be potential aesthetic impacts that have not been addressed because
the CC&Rs establish strict aesthetic standards
o That as per the California Environmental Quality Act (CEQA), the Mitigated Negative
Declaration (MND) would not be sufficient and would need to be addressed by
preparation of an Environmental Impact Report (EIR)
o That with regard to the traffic analysis provided in the Initial Study, the traffic generation
numbers were not generated or derived from any established standard that would be
accepted by the Institute of Traffic Engineers
o That the traffic generation numbers were provided by the applicant; and that City staff
should have confirmed the traffic numbers that were provided
o That staff assess the proposed project against existing development
o That any project on the proposed site would exacerbate the already failing traffic
condition
o That the environmental documentation that was prepared would not be adequate
o That the parking situation was not adequately addressed in the Environmental Impact
Report (EIR)
o That the CC&Rs cannot be ignored; that they would be a part of the existing conditions
and should have been assessed in the Initial Study; that the traffic study would be
inadequate; and that the document would also be inadequate for its failure to provide an
adequate parking assessment.
Disagreeing with Mr. Hubbard, City Attorney Thorson stated that as per CEQA, the City would
be required to evaluate the existing conditions; that the existing conditions would be the
buildings that are built and the buildings that may be built under the City's zoning; that it would
be his opinion that the City cannot be beholden to private CC&Rs and undertake an
Environmental Analysis where the City would have no control over the conditions; that the City
would consider the existing buildings, along with the allowable uses under the zoning code and
then evaluate this information,
Reiterating, Director of Public Works Hughes stated the following:
o That the traffic study analysis was performed by a professional engineering firm;
advising that City staff would participate in the study process
o That in this case, he would be confident that the traffic study was adequately prepared,
Speaking with all fairness, Mr. Hubbard stated that his client, Ynez Business Center, would not
be in favor of the proposed project, but that the point of the appeal would be whether the
Mitigated Negative Declaration (MND) would be adequate under CEQA, stating that the
environmental documentation would not be adequate as a matter of law; that the project must
comply with CEQA; and that CEQA would require that any project be assessed against existing
conditions,
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Offering more information with regard to traffic, Director of Public Works Hughes informed that
the traffic analysis considered traffic traveling north of Murrieta and the French Valley area; that
this would be a Mitigated Negative Declaration and that all impacts have been reviewed;
advising that staff would be confident with the analysis and would be of the opinion that the
proposed project has mitigated all its impacts,
Noting that the City's General Plan was recently updated, Deputy City Manager Thornhill stated
that it included a major traffic analysis circulation study and Environmental Impact Report (EIR)
for all the land uses in the City; and that he would be confident with the studies that have been
performed by the applicant and staff,
Relative to the comments made by Mr. Hubbard with regard to CC&Rs, City Attorney Thorson
stated that the City Council sets zoning requirements, planning, and all development standards
in the General Plan and Zoning Ordinance; that large developments impose CC&Rs which
would be approved by the City, but that the approval would be limited to the items that would be
required from maintenance of certain public improvements,
With regard to parking for the proposed project, Director of Planning Ubnoske noted that
because not every conceivable use would be included in the Development Code, staff examined
similar uses; that the applicant provided in excess of what the Development Code would
require; and reiterated that staff would be confident that parking will not be an issue,
Clarifying for the record, Mr. Maury Alcheck, representing Ynez Business Park, noted that Mr.
Hubbard would not be the attorney for the Rancho California Corporate Park, but the attorney
for the Ynez Business Center. Mr. Maury also stated the following:
o That he would be aware that it would be the responsibility of the Ynez Business Park
Association to enforce the CC&Rs and not the responsibility of the City
o That he would be of the opinion that there would be significant negative impacts that
would be associated with the proposed project
o That as a property owner he would be opposed to the proposed project at the proposed
location
o That he would be of the opinion that an Environmental Impact Report (EIR) would be
required of the proposed project,
Representing Clearwater Waterpark Development, Mr. Greg Briggs clarified the park's parking
structure, After interviewing adjacent neighbors of the Wild Rivers Waterpark in Irvine, the
business owners expressed no concerns with negative impacts as a result being adjacent to the
Wild Rivers Waterpark,
In response to Council Member Naggar's query, Mr. Briggs noted that if problems were to arise
with regard to parking, loitering or vandalism, the applicant would be more than willing to
address any negative impacts,
The following individuals spoke in favor of the proposed project:
o Mr. David Neault, Temecula
o Mr. Jeff Linton, Temecula
o Mr. Robert Bledsoe, Temecula
o Mr. Kory Roberts, Temecula
o Mr. Michelle Arellano, Temecula
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o Mr. Larry Slusser, Temecula
oMs, Melanie Sanchez, Temecula
The above-mentioned individuals spoke in favor of the proposed project for the following
reasons:
o That the proposed project would be a quality project that will enhance the City of
Temecula
o That the Board of the Boys and Girls Club would be in full support of the proposed
project, noting that it will be a positive environment for the City's youth
o That the proposed project will offer the City's youth fun and interesting activities during
the summer months
o That the proposed project will be a family-oriented environment
o That the proposed project will offer the City's youth employment opportunities
o That the proposed attractions at the park will offer fun for the whole family,
Mr. Hunter noted that he did not have any additional comments,
At this time, the public hearing was closed,
Council Discussion
The City Council thanked the speakers for their attendance,
Having listened to all comments, Mayor Pro Tem Washington noted that it would be his opinion
that all issues noted by the appellant have been addressed,
MOTION: Mayor Pro Tem Washington moved to denv the appeal upholdinq the decision of
the Planninq Commission. Council Member Naggar seconded the motion, (Additional
discussion ensued; see below.)
The City Council made its findings on the below mentioned facts:
o That the proposed water park would be consistent with the City's General Plan and
Development Code
o That the proposed project will work with the City to provide park and ride spaces during
the months when the park is non-operational
o That noise and parking concerns have been addressed
o That the proposed project will provide the City's youth job opportunities during the
summer months
o That the proposed water park will provide a fun, safe, and wholesome, family experience
o That the CC&Rs would be a private matter between the business park and its
Association
o That the applicant agreed to address any parking issues that may arise,
At this time, the electronic vote on the previously made motion reflected unanimous
approval.
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CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1 ,1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda,
2 Minutes
RECOMMENDATION:
2,1 Approve the minutes of September 26, 2006;
2,2 Approve the minutes of October 10, 2006,
3 Resolution approvinq List of Demands
RECOMMENDATION:
3,1 Adopt a resolution entitled:
RESOLUTION NO. 06-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report as of September 30, 2006
RECOMMENDATION:
4,1 That the City Council receive and file the City Treasurer's Report as of September
30, 2006,
5 FirelEMS Protection Aqreement for Fiscal Year 2006-07
RECOMMENDATION:
5,1 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,
(Item No.5 was continued to the December 12, 2006, City Council meeting.)
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6 2006-07 Communitv Service Fundinq Proqram
RECOMMENDATION:
6,1 That the City Council review and approve the 2006-07 Community Service Funding
Program grants pursuant to the attached spreadsheet outlining the Subcommittee's
recommendations of $120,000 to 41 organizations,
7 Adoption of 1 st Reconnaissance Marine Battalion (at the request of Mavor Pro Tem
Washinqton)
RECOMMENDATION:
7,2 Adopt the 1 st Reconnaissance Marine Battalion as the official battalion for the City
of Temecula,
(Item No.7 was addressed on page 3 and 4.)
8 First Amendment to Aqreement with GIM Business Interiors
RECOMMENDATION:
8,1 Approve the First Amendment to the Purchase and Installation Agreement between
the City of Temecula and GIM Business Interiors for a total purchase amount of
$35,217,58,
9 Police Department OTS Sobrietv Checkpoint Mini Grant Fundinq
RECOMMENDATION:
9,1 Increase estimated General Fund Grant Revenue by $20,028;
9,2 Appropriate $20,028 from General Fund Grant Revenue to the Police Department.
10 Completion and Acceptance of the Pavement Rehab Proqram FY2005/06 - Diaz Road,
Proiect No, PW05-06
RECOMMENDATION:
10,1 Accept the construction of the Pavement Rehab Program FY 2005/06 - Diaz Road -
Project No, PW05-06 - as complete;
10,2 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond and accept a one year Maintenance Bond in the amount of 10%
of the contract amount;
10,3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion if no liens have been filed,
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11 Quitclaim Portion of Wolf Creek Fire Station Site (APN 962-010-009) from Citv of Temecula
to Wolf Creek Development. LLC
RECOMMENDATION:
11,1 Adopt a resolution entitled:
RESOLUTION NO. 06-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE QUITCLAIM OF PORTIONS OF ASSESSOR'S PARCEL
NUMBER 962-010-009 TO WOLF CREEK DEVELOPMENT, LLC AND
RESERVING AN EASEMENT FOR PUBLIC PURPOSES OVER SAID PROPERTY
12 Acceptance of certain Public Streets into the Citv-Maintained Svstem within Tract Map Nos,
29928, 29928-1, 29928-2, and 29928-3 (Located west of Marqarita Road, south of Date
Street and north of Harveston Wav within the Harveston Subdivision)
RECOMMENDATION:
12,1 Adopt a resolution entitled:
RESOLUTION NO. 06-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NOS. 29928, 29928-1, 29928-2 AND 29928-3)
13 Acceptance of certain Public Streets into the Citv-Maintained Svstem within Tract Map Nos,
29929, and 29929-1 (Located west of Marqarita Road, south of Date Street and north of
Harveston Wav within the Harveston Subdivision)
RECOMMENDATION:
13,1 Adopt a resolution entitled:
RESOLUTION NO. 06-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NOS. 29929 AND 29929-1)
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14 Authorize Temporarv Street Closures for Santa's Electric Liqht Parade on December 1,
2006, and Deleqate Authoritv to issue Special EventslStreet Closures Permit to the
Director of Public Works/Citv Enqineer
RECOMMENDATION:
14,1 Adopt a resolution entitled:
RESOLUTION NO. 06-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE
AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO
OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA
MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S HOLIDAY LIGHT PARADE
ON DECEMBER 1, 2006, AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKSICITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
15 Cooperative Aqreement with the Countv of Riverside to Mitiqate Traffic Impacts in Western
Riverside Countv - Amendment No, 1
RECOMMENDATION:
15,1 Approve Amendment No, 1 to the Cooperative Agreement between the City of
Temecula and the County of Riverside to Mitigate Traffic Impacts in Western
Riverside County and authorize the Mayor to execute the documents,
16 First Amendment to Professional Consultant Services with Leiqhton Consultinq, Inc, for the
Temecula Public Librarv - Proiect No, PWOO-07
RECOMMENDATION:
16,1 Approve the First Amendment to the agreement with Leighton Consulting, Inc, in an
amount not to exceed $30,262.21 to provide additional Geotechnical and Special
Inspection Services to complete the Temecula Public Library - Project No, PWOO-
07;
16,2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $3,062.22, which is equal to 10% contingency of the
amendment amount.
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17 Consultant Services Aqreement for Enqineerinq Desiqn Services for DePortola Road
Pavement Rehabilitation Proiect from Jedediah Smith Road to Marqarita Road - Proiect
No, PW06-10
RECOMMENDATION:
17,1 Approve an agreement with GFB-Friedrich & Associates, Inc, in an amount not to
exceed $146,100,00 to design De Portola Road Pavement Rehabilitation Project
between Jedediah Smith Road and Margarita Road, Project No, PW06-10, and
authorize the Mayor to execute the agreement;
17,2 Authorize the City Manager to approve extra work not to exceed the contingency
amount of $14,610, which is equal to 10% of the agreement amount.
18 Completion and Acceptance of Citv Maintenance Facilitv ExpansionlField Operations Center
- Phase 1 - Proiect No, PW03-06
RECOMMENDATION:
18,1 Accept the City Maintenance Facility ExpansionlField Operations Center - Phase 1,
Project No, PW03-06 - as complete;
18,2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract amount;
18,3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed,
19 Acceptance of certain Public Streets into the Citv-Maintained Svstem within Tract Map No,
30088 (Located west of Marqarita Road, south of Date Street and north of Harveston Wav
within the Harveston Subdivision)
RECOMMENDATION:
19,1 Adopt a resolution entitled:
RESOLUTION NO. 06-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED
SYSTEM (WITHIN TRACT NO. 30088)
R:\Minutes\111406
14
20 Summarv Vacation of a Drainaqe Easement located as shown at Lot 1 and 2 of Parcel Map
No, 23354 (Abbott Vascular, Inc, at Motor Car Parkwav)
RECOMMENDATION:
20,1 Adopt a resolution entitled:
RESOLUTION NO. 06-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO
SUMMARILY VACATE AN EASEMENT FOR DRAINAGE PURPOSES LOCATED
AS SHOWN AT LOT 1 AND 2 OF PARCEL MAP NO. 23354 PURSUANT TO THE
AUTHORITY PROVIDED BY CHAPTER 4, PART 3, DIVISION 9 OF THE
STREETS AND HIGHWAY CODE
21 Completion and Acceptance of the Temecula Police Department Sub-Station at the
Promenade Mall
RECOMMENDATION:
21,1 Accept the construction of the Temecula Police Department Sub-Station at the
Promenade Mall as complete;
21,2 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond and accept a one year Maintenance Bond in the amount of 10%
of the contract amount;
21,3 Release the Materials and Labor Bond seven (7) months after the filing of the Notice
of Completion if no liens have been filed,
22 First Amendment to Contract with Charles Abbott for Fire Plan Check Services
22,1 Approve the First Amendment for fire plan check services with Charles Abbott in the
amount of $60,000,
23 Temecula Public Librarv Fees
RECOMMENDATION:
23,1 Adopt a resolution entitled:
RESOLUTION NO. 06-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING A FEE SCHEDULE FOR THE TEMECULA PUBLIC LIBRARY
R:\Minutes\111406
15
24 Librarv Operatinq Aqreement
RECOMMENDATION:
24,1 Approve an operating agreement, in its substantial form, with the Riverside County
Library System for the operations of the Temecula Public Library,
25 Two-Year Cell Phone Contract Renewal with Sprint
RECOMMENDATION:
25,1 Approve a two-year agreement with Sprint for the renewal of City Cellular Services,
26 Communitv Grant Aqreement with the Temecula Sister Citv Association
RECOMMENDATION:
26,1 Approve a grant in the amount of $7,500,00 for the Temecula Sister City
Association for fiscal year 2006-2007,
27 Additional Authorized Position
RECOMMENDATION:
27,1 Approve the addition of one (1) Assistant City Manager position to the City's
schedule of authorized positions,
MOTION: Mayor Pro Tem Washington moved to approve the Consent Calendar. Council
Member Comerchero seconded the motion, (Additional discussion ensued prior to the vote;
see below.)
Per the request of the City Attorney, Item No, 5 will be continued to the December 12, 2006,
City Council meeting,
For Council Member Naggar, City Attorney Thorson advised that because he would no longer
be a Board Member of the Boys and Girls Club, he would not be precluded from voting on Item
No,6,
City Attorney Thorson also advised that Council Member Edwards would not have a conflict of
interest with Item No, 6 and therefore, would eligible to vote,
MOTION: Mayor Pro Tem Washington moved to extend the meeting to 10:15 p,m, Council
Member Comerchero seconded the motion and voice vote reflected unanimous approval.
At this time, the electronic vote for the previously made motion reflected unanimous
approval.
At 9:58 p,m" the City Council convened as the Temecula Community Services District, the
Temecula Redevelopment Agency, and the Temecula Public Financing Authority, The City
Council resumed with regular business at 10:04 p,m,
R:\Minutes\111406
16
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
(Item No. 43 was addressed on pages 4-9.)
43 Appeal of Planninq Commission Approval of Planninq Application No, PA06-0213, a
Development Plan with a Conditional Use Permit for the development of a water park
located on 15.4 acres at the northwest corner of Ynez Road and Countv Center Drive
consistinq of pools, slides, and other tvpes of water rides, concession stands, qift shop,
partv room, chanqinq room with lockers, restrooms, picnic areas, service vard, and a 433
space parkinq lot.
RECOMMENDATION:
43,2 Adopt a resolution entitled:
RESOLUTION NO. 06-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DENYING THE APPEAL OF PLANNING COMMISSION APPROVAL OF
PLANNING APPLICATION NO. PA06-0213, A DEVELOPMENT PLAN WITH A
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A WATER PARK
LOCATED ON 15.4 ACRES AT THE NORTHWEST CORNER OF YNEZ ROAD
AND COUNTY CENTER DRIVE
COUNCIL BUSINESS
44 PubliclTraffic Safetv Commission Appointment
RECOMMENDATION:
44,1 Appoint one applicant to serve a full three-year term on the Public/Traffic Safety
Commission through October 10, 2009,
City Clerk Jones provided a staff report (of record),
The City Council thanked the applicant's for their submittals,
MOTION: Mayor Pro Tem Washington moved to appoint Mr. Bob Hagel to serve as a Public
Traffic Safety Commissioner for a full three-year term, Council Member Naggar seconded the
motion and electronic vote reflected unanimous approval.
R:\Minutes\111406
17
45 Issuance of Two Series of Tax Allocation Bonds bv the Redevelopment Aqencv of the Citv of
Temecula for the Temecula Redevelopment Proiect No, 1
RECOMMENDATION:
45,1 Adopt a resolution entitled:
RESOLUTION NO. 06-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA OF TWO SERIES OF TAX ALLOCATION BONDS
Director of Finance Roberts provided a staff report (of written material),
City Attorney commended the Finance Department for the hours of dedication associated with
the two series of Tax Allocation Bonds,
MOTION: Council Member Naggar moved to approve staff recommendation, Council Member
Comerchero seconded the motion and electronic vote reflected unanimous approval.
DEPARTMENTAL REPORTS
46 Planninq Department Monthlv Report
47 Economic Development Department Monthlv Report
48 Citv Council TravellConference Report - September 2006
49 Buildinq and Safetv Department Monthlv Report
50 Public Works Department Monthlv Report
51 Police Department Monthlv Report
CITY MANAGER REPORT
City Manager Nelson thanked the Council, City staff, and the public for the support they have
bestowed on his family during a difficult time,
CITY ATTORNEY REPORT
With respect to closed session, City Attorney Thorson advised that there was no formal action to
report,
R:\Minutes\111406
18
ADJOURNMENT
At 10:10 p,m" the City Council meeting formally adjourned to Tuesday, November 28, 2006, at
5:30 p,m" for a Closed Session with the regular session commencing at 7:00 p,m" in the City
Council Chambers, 43200 Business Park Drive, Temecula, California,
Ron Roberts, Mayor
ATTEST:
Susan W, Jones, MMC
City Clerk
R:\Minutes\111406
19
ITEM NO.3
Approvals
City Attorney
Director of Finance
City Manager
V
1112.
CJa..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
December 12, 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 $2,540,216,20,
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 12th day ofDecember , 2006,
Ron Roberts, Mayor
ATTEST:
Susan W, Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W, Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No, 06- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 12th day of December, 2006, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W, Jones, MMC
City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
11/22/2006 TOTAL CHECK RUN, $ 1,211,807.87
11/30/2006 TOTAL CHECK RUN, 883,026.57
11/30/2006 TOTAL PAYROLL RUN, 445,381.76
TOTAL LIST OF DEMANDS FOR 12/12/06 COUNCIL MEETING: $ 2,540,216.20
DISBURSEMENTS BY FUND:
CHECKS,
001 GENERAL FUND $ 501,092.83
165 RDA LOW /MOD - 20% SET ASIDE 24,157.28
190 TEMECULA COMMUNITY SERVICES DISTRICT 270,281.65
192 TCSD SERVICE LEVEL B 99.83
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 81,395.36
194 TCSD SERVICE LEVEL D 51,652.49
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,128.95
210 CAPITAL IMPROVEMENT PROJECTS FUND 819,805.81
280 REDEVELOPMENT AGENCY - CIP PROJECT 24,678.15
300 INSURANCE FUND 5,780.08
310 VEHICLES FUND 218,668.56
320 INFORMATION SYSTEMS 28,994.41
330 SUPPORT SERVICES 1,681.67
340 FACILITIES 6,398.17
460 CFD 88-12 DEBT SERVICE FUND 23.00
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 55,996.20
$ 2,094,834.44
001 GENERAL FUND $ 304,7 61.16
165 RDA LOW /MOD - 20% SET ASIDE 5,370.29
190 TEMECULA COMMUNITY SERVICES DISTRICT 86,329.69
192 TCSD SERVICE LEVEL B 119.49
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 4,752.63
194 TCSD SERVICE LEVEL D 866.21
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 542.13
210 CAPITAL IMPROVEMENT PROJECTS FUND 222.03
280 REDEVELOPMENT AGENCY - CIP PROJECT 2,881.70
300 INSURANCE FUND 1,142.31
320 INFORMATION SYSTEMS 27,025.85
330 SUPPORT SERVICES 3,274.77
340 FACILITIES 8,093.50
445,381.76
TOTAL BY FUND: $ 2,540,216.20
apChklst Final Check List Page: 1
11/22/2006 9:01:12AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
111723 11/22/2006 004765 ACTIVE NETWORK INC, THE Refund:Ardigo, Dnaiel :Tap Jazz 80.00
Refund:Alexander, lucas:Creative Beg. 30.00
Refund:Bettge,A. class: Tap Jazz 10.00 120.00
111724 11/22/2006 005058 ADAMS, AARON Reimb: Process Impr Gov't:10/31-11/01 169.74 169.74
111725 11/22/2006 003679 AEI CASC ENGINEERING Plan Check & Inspection Services 348.25 348.25
111726 11/22/2006 001281 ALHAMBRA GROUP Architectural Design Dog Park MCP 86.04 86.04
111727 11/22/2006 004601 ALL THE KING'S FLAGS Calif Flags: library flag w/eagle 510.53 510.53
111728 11/22/2006 008314 AQUATIC DESIGN GROUP Design: TES Swimming Pool 15.80 15.80
111729 11/22/2006 003203 ARTISTIC EMBROIDERY Staff shirts and jackets 598.01 598.01
111730 11/22/2006 007513 ATTAR, AMER Computer Purchase Prog- INV.3644710 873.34 873.34
111731 11/22/2006 002648 AUTO CLUB OF SOUTHERN Membership: Sullens, ladonna 47.00 47.00
CALIF
111732 11/22/2006 003984 BENOIT, VINCENT H.- Entertainment: Santa Claus Old Town 300.00
Entertainment: Santa Claus Old Town 300.00
En! :Child Support Pmt:16-28-86 -150.00
Ent.:Child Support Pmt:16-28-86 -150.00 300.00
111733 11/22/2006 003138 CAL MAT PW- Patch truck materials 187.32 187.32
111734 11/22/2006 005384 CALIF BAGEL BAKERY & DELI Refreshments:TCC Workshop/Events 1,800.00 1,800.00
111735 11/22/2006 009067 CALIF BANK & TRUST Rei Retention Esrw Edge Devel:T.Library 3,710.00 3,710.00
111736 11/22/2006 000790 CALIF DEPT OF PESTICIDE Pesticide License renewal- Harrington, K 60.00 60.00
111737 11/22/2006 010509 CALIFORNIA PHARMACY MGMT First aid care for employee 55.56
LLC
First aid care for employee 15.96
First aid care for employee 15.96 87.48
111738 11/22/2006 008644 CANTRELL, ROGER, AlA, AICP Architectural plan review:Planning 3,250.00 3,250.00
Page:1
apChkLst Final Check List Page: 2
11/22/2006 9:01:12AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111739 11/22/2006 000131 CARL WARREN & COMPANY INC Claim adjuster services 4,271.80
Claim adjuster services 368.88 4,640.68
111740 11/22/2006 000137 CHEVRON USA INC City vehicles fuel: 205.61 205.61
111741 11/22/2006 005708 CLEAR CHANNEL Radio broadcasting-Halloween Old ToVvTl 80.00 80.00
BROADCASTING INC
111742 11/22/2006 001193 COMP USA INC Computer Supplies for the library 43.46 43.46
111743 11/22/2006 002945 CONSOLIDATED ELECTRICAL Elec light supplies/maint:fire stn 84 36.10 36.10
DIST
111744 11/22/2006 001264 COSTCO WHOLESALE Spark of Love Toy Drive Supplies 264.80
Supplies-Theater activities and events 63.99 328.79
111745 11/22/2006 003945 DIAMOND ENVIRONMENTAL Portable restrooms-Redhwk Prk 59.02
SRVCS
Portable restrooms-Veterans Prk 57.98
Portable restrooms- Vail Ranch Prk 57.98
Portable restrooms- Riverton Prk 57.98
Portable restrooms-Lng Cyn Prk 57.98 290.94
111746 11/22/2006 010458 DRAPERY SHOP, THE Furniture: FS 73- replace vertical 666.98 666.98
111747 11/22/2006 001669 DUNN EDWARDS CORPORATION Graffiti removal supplies for Public 46.87 46.87
111748 11/22/2006 005880 EDGE DEVELOPMENT INC. Oct 06 prgss: Library construction 538,706.37
Refund: Ovrtime depst not used 995.00 539,701.37
111749 11/22/2006 000478 FAST SIGNS Signs:Old Town 589.97
Magnetic signs:code enforce vehicle 64.91 654.88
111750 11/22/2006 000206 FEDEX KINKOS INC Invitations:PBSP Grand Opening 575.17
Office Supplies:Ctrl Svs 49.37
Office Supplies:Ctrl Svs 14.64 639.18
111751 11/22/2006 004000 FENCING BY ACREY INC Res Imp Prog: Schwartz, Ed and Patricia 5,745.00 5,745.00
111752 11/22/2006 006531 FORMOE, GARY Reimb: ICC certification renewal 170.00 170.00
111753 11/22/2006 010326 G E 10NICS INC Reverse osmosis washer:Fire stn 73 3,528.23 3,528.23
Page2
apChkLst Final Check List Page: 3
11/22/2006 9:01:12AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111754 11/22/2006 000177 GLENNIES OFFICE PRODUCTS Office supplies/furniture: PW Admin 5,123.82
INC
office supplies- Fire Stn/Prev 962.19
Office supplies- Planning dept 893.22
Office Supplies: TCSD 725.63
Office Supplies- Human Resources 462.62
Office Supplies: GIS/IS 328.50
office supplies: RDA-Low/Mod 251.06
Office Supplies-City Clerk 244.26
Office supplies: library 191.73
Office Supplies: Records Mgmt 67.90
Office Supplies for the TCC 32.62
office supplies: CRC 18.51
Office Supplies- Finance Dept 12.92 9,314.98
111755 11/22/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 175.55 175.55
111756 11/22/2006 002659 GOVERNING Subscription: Roberts, Genie -#183111 16.00 16.00
111757 11/22/2006 003792 GRAINGER Sound equip supplies:theater 44.09 44.09
111758 11/22/2006 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 437.50
CLUB
TCSD instructor earnings- w/e 10/30/06 44.80 482.30
111759 11/22/2006 010548 GRAVES, ROXANNE Refund: Security DeptTCC:11/14/06 150.00 150.00
111760 11/22/2006 004552 H M S CONSTRUCTION INC Oct prgss:Trffc signals: Jefferson/Sanbor 119,250.00 119,250.00
111761 11/22/2006 005311 H20 CERTIFIED POOL WATER Pool srvcs & supplies:CRC & TES 900.00 900.00
SPCL.
111762 11/22/2006 004053 HABITAT WEST INC Oct Long Canyon Detention Basin 554.00 554.00
111763 11/22/2006 006250 HAZ MAT TRANS INC PW - Hazardous Waste Disposal 960.00 960.00
111764 11/22/2006 001135 HEALTH POINTE MEDICAL First aid care for employee 121.65
GROUP INC
First aid care for employee 72.25 193.90
111765 11/22/2006 004811 HEWLETT PACKARD Library: ProCurve Switch 500yl-48G-PWR 5,252.81 5,252.81
111766 11/22/2006 003198 HOME DEPOT, THE Res Imp Prog: Casteel-install side door 763.21 763.21
Page:3
apChkLst Final Check List Page: 4
11/22/2006 9:01:12AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111767 11/22/2006 001517 HORIZON HEALTH Employee Assistance Program 11/06 880.00 880.00
111768 11/22/2006 004406 IGOE & COMPANY INC Feb flex benefit plan pmt 301.40 301.40
111769 11/22/2006 004624 INGERSOLL-RAND EQUIPMENT PW - patch truck materials 207.24 207.24
SALES
111770 11/22/2006 006713 INTEGRATED MEDIA SYSTEMS Projector: Main Cant. Room 4,079.47 4,079.47
111771 11/22/2006 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemical:CRCfTES pools 305.15
INC
Pool sanitizing chemical:CRCfTES pools 205.00
Pool sanitizing chemical:CRCfTES pools 187.22
Pool sanitizing chemical:CRCfTES pools 187.22
Pool sanitizing chemical:CRCfTES pools 179.73
Pool sanitizing chemical:CRCfTES pools 172.24 1,236.56
111772 11/22/2006 003266 IRON MOUNTAIN OFFSITE Info sys tape storage: IS Backup Tape 373.00 373.00
111773 11/22/2006 001186 IRWIN, JOHN TCSD instructor earnings-w/e 11/11/06 151.20 151.20
111774 11/22/2006 000203 JOBS AVAILABLE INC recruitment ads-Principal Planner 102.00 102.00
111775 11/22/2006 000820 K R W & ASSOCIATES Prof Engineering Plan Check, Map & 3,360.00 3,360.00
111776 11/22/2006 002424 KELLEY DISPLAY INC Street Banners-Car Show 3,358.40
Banners - Old Town events 169.40 3,527.80
111777 11/22/2006 001091 KEYSER MARSTON ASSOCIATES consulting srvcs:RDA real estate 5,047.50
INC
consulting srvcs:RDA housing 815.00 5,862.50
111778 11/22/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 11/5 Bagdasarian 638.00
Temp help PPE 10/29 Board 600.30 1,238.30
111779 11/22/2006 001085 L N CURTIS & SONS Fire Station 84 - Supplies 61.35 61.35
111780 11/22/2006 000482 LEIGHTON CONSULTING INC Feb-Jul Test/Inspection-Library 50,646.18 50,646.18
111781 11/22/2006 010551 LENTINE, KATHERINE Refund: Annual Civil War Christmas 20.00 20.00
111782 11/22/2006 003726 LIFE ASSIST INC Paramedics-Medical supplies 342.79 342.79
Page:4
apChklst Final Check List Page: 5
11/22/2006 9:01:12AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111783 11/22/2006 002634 L1TELlNES INC Banners for Old Town Temecula Banner 210.11 210.11
111784 11/22/2006 004087 LOWES INC Tem Citizen Corps drill supplies 407.10 407.10
111785 11/22/2006 003782 MAIN STREET SIGNS Misc sign supplies: public works 4,072.14
Misc sign supplies: public works 1,631.07 5,703.21
111786 11/22/2006 004141 MAINTEX INC Custodial supplies: library 1,376.69 1,376.69
111787 11/22/2006 001967 MANPOWER TEMPORARY Temp help PPE 10/29 Puentes 81.95 81.95
SERVICES
111788 11/22/2006 010552 MARLBROUGH,BECKY Refund: Annual Civil War Christmas 20.00 20.00
111789 11/22/2006 006571 MELODY'S AD WORKS Marketing: aT Erie Stanley event 397.68
Marketing: aT Santa Booth 349.90 747.58
111790 11/22/2006 008091 MILLMORE'S WAA CREW City vehicle detailing svcs:PVV Depts 75.00
City vehicle detailing svcs:B&S 50.00 125.00
111791 11/22/2006 010103 MIRAN ENTERPRISES INC Res Imp Prog: Maggie Gonzales 2,520.73 2,520.73
111792 11/22/2006 001892 MOBILE MODULAR Fire Stn 92- mobile office rental 832.40 832.40
111793 11/22/2006 004586 MOORE FENCE COMPANY Install Fence @ RR Sports Park 63,395.36 63,395.36
111794 11/22/2006 000727 NATIONAL FIRE PROTECTION Misc publication for fire- MAGNET06 47.47 47.47
ASSN
111795 11/22/2006 010273 NIXON PEABODY LLP Oct '06 legal services 6,428.00 6,428.00
111796 11/22/2006 003570 NORM REEVES 4WD 1/2 Ton Quad Cab:PVV land 25,196.52
4WD 1/2 Ton Quad Cab:PW land 25,196.52
4WD 1/2 Ton Quad Cab:PW land 25,196.52 75,589.56
111797 11/22/2006 006721 OFFICEMAX - A BOISE COMPANY Office Supplies: Finance 335.44
Office Supplies: Finance 54.52 389.96
111798 11/22/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs:land 200.58
City Vehicle Repair/Maint Svcs:TCSD 79.27 279.85
111799 11/22/2006 005819 ORANGE CO DA FAMILY Child Support Pmt:16-28-86 150.00
SUPPORT
Child Support Pmt:16-28-86 150.00 300.00
PageS
apChkLst Final Check List Page: 6
11/22/2006 9:01:12AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111800 11/22/2006 006073 PAPP, EMERY EE Computer Purchase Prgm 1,581.77 1,581.77
111801 11/22/2006 010547 PARKS, RON Reimb:Process Impr Gov't:10/31-11/2 464.73 464.73
111802 11/22/2006 000254 PRESS ENTERPRISE COMPANY Oct var. recruitment ads for H.R. 5,869.42
INC
Oct display ads:Erle Stanley Gardner 1,284.60
Credit: Ovrchged 10/22 Ad -84.00 7,070.02
111803 11/22/2006 000262 RANCHO CALIF WATER DISTRICT Fire Stationn 73 Water Meters 304.00 304.00
111804 11/22/2006 002654 RANCHO FORD LINCOLN Utility Truck, 2VVD, 07-TCSD Maint. Diy. 26,073.35
MERCURY
2VVD 1/2-Ton EXT. Cab Truck: B&S 17,234.61 43,307.96
111805 11/22/2006 002412 RICHARDS WATSON & GERSHON Sept 2006 legal services 121,656.89 121,656.89
111806 11/22/2006 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 880.07
TCSD Instructor Earnings 822.50 1,702.57
111807 11/22/2006 001288 SAN DIEGO BUSINESS JOURNAL Subscription 52 issues: Eco Deyel. 69.00 69.00
111808 11/22/2006 000278 SAN DIEGO UNION TRIBUNE Oct var. recruitment ads for H.R. 5,304.98 5,304.98
111809 11/22/2006 010089 SECURITAS SECURITY SRVCS Security srvcs: Fire Station 95 1,345.81
USA
Security S1VCS: Fire station 95 1,337.96 2,683.77
111810 11/22/2006 008823 SILVER STAR PAINTING Res Imp Prgm: Starr, Sharon 2,280.00 2,280.00
111811 11/22/2006 000645 SMART & FINAL INC Supplies for Santa's Elec Light Parade 286.23
Recreation supplies: MPSC 174.08 460.31
111812 11/22/2006 000537 SO CALIF EDISON Nay 2-25-393-4681 TES Pool 809.71
Noy2-1G-331-1353 Fire Stn 84 561.91
Nay 2-28-397-1315 Redhawk Pkwy 12.93 1,384.55
111813 11/22/2006 004511 SO CALIF GAS COMPANY Installation fee:Field Oper Gas Line 799.96 799.96
111814 11/22/2006 000519 SOUTH COUNTY PEST CONTROL Pest Control Service -Fire Station 92 42.00 42.00
INC
111815 11/22/2006 001546 STRAIGHT LINE GLASS Glass repair: Community Theater 201.29 201.29
Page:6
apChkLst Final Check List Page: 7
11/22/2006 9:01:12AM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111816 11/22/2006 000305 TARGET BANK BUS CARD SRVCS Supplies-Library Kitchen/community room 208.87
Recreation supplies - High Hopes pgrm 118.62
Recreation supplies: Teen pgrm 96.87
Recreation SuppliesC.Museum 88.50 512.86
111817 11/22/2006 001035 TEMECUlA ENVIRONMENTAL RVSD recyclables revenue portion 50,860.08 50,860.08
111818 11/22/2006 010276 TIME WARNER CABLE 11/16-12/15 high speed Internet Theater 339.90
11/15-12/17 high speed internet Stn 92 46.95 386.85
111819 11/22/2006 010526 TUCKER,DON Santa carriage/pony Old Twn escort 750.00 750.00
111820 11/22/2006 007118 US TElPACIFIC CORPORATION Nov Internet IP Addresses Block 2,461.09 2,461.09
111821 11/22/2006 010468 VAN DEN BERGH, RAY Refund: Youth Dining & Social Etiquette 48.00 48.00
111822 11/22/2006 004261 VERIZON Nov xxx-0073 general usage 219.61
Novxxx-4723 Police Storefront 29.79
Novxxx-5473 Moraga Rd 28.87
Nov xxx-8573 general usage 28.87 307.14
111823 11/22/2006 009663 VERNON LIBRARY SUPPLIES INC EZ drop book return: library 27,842.25 27,842.25
111824 11/22/2006 009101 VISION ONE INC ShoWare ticketing srvcs: Theater 1,283.60 1,283.60
1003548 11/16/2006 010554 GIMLA, GESINE Refund: Hatha Yoga 45.00 45.00
1012855 11/17/2006 010556 PIETERSE, ElKE Refund: Tiny Tots-Terrific 3's 45.00 45.00
1013016 11/17/2006 010553 CAMillO, JULIA Refund: Fairy tale Princess Dance Class 84.00 84.00
1012080 11/17/2006 010555 JOHNSTON, JIM Refund: Teen Excursion-Magic Mt. 25.00 25.00
Grand total for UNION BANK OF CALIFORNIA: 1,211,807.87
Page:?
apChkLst
11/22/2006
9:01:12AM
Final Check List
CITY OF TEMECULA
Page: 8
106
checks in this report.
Grand Total All Checks:
1,211,807.87
Page:8
apChkLst Final Check List Page: 1
1113012006 2:27:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
777 11/30/2006 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,789.72 2,789.72
NATIONWIDE RETIREMENT
778 11/30/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 113,183.35 113,183.35
RETIREMENT)
779 11/30/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 81,483.66 81,483.66
780 11/30/2006 000444 INSTATAX (EDD) State Disability Ins Payment 21,109.83 21,109.83
111825 11/30/2006 003859 ALL ABOUT SELF STORAGE 11/17-12/16 storage/A67 & A74:Library 230.00 230.00
111826 11/30/2006 008526 ALL STAR PROMOTIONS Recognition shirts:HR/CM dept 279.07 279.07
111827 11/30/2006 009374 ALLEGRO MUSICAL VENTURES Piano Tuning Srvcs:Theater 180.00
Piano Tuning Srvcs:Theater 120.00 300.00
111828 11/30/2006 009033 ALLEN, STEVEN L. photography srvcs:Harvest Festival 230.00 230.00
111829 11/30/2006 006915 ALLIE'S PARTY EQUIPMENT Chair rental:K-9 trials event 173.28 173.28
111830 11/30/2006 001375 AMERICAN CONSTRUCTION Membership renewal: Ryan, Patrick 125.00 125.00
111831 11/30/2006 004240 AMERICAN FORENSIC NURSES Dec 06 Stand-by DUI Drug & Alcohol 700.00
Blood & alcohol draws: Police 638.00
Blood & alcohol draws: Police 530.00 1,868.00
111832 11/30/2006 008595 AMERICAN INTL GROUP INC Worker's Comp pmt Nov 2006 36,380.00 36,380.00
111833 11/30/2006 002187 ANIMAL FRIENDS OF THE Animal control services - October 2006 12,500.00 12,500.00
VALLEYS
111834 11/30/2006 000101 APPLE ON E INC Temp help wle 11/04 C. Gonzales 621.13
Temp help wle 11/04 X. Henry 420.56
Temp help wle 11/04 P. Hoenig 307.09 1,348.78
111835 11/30/2006 004623 AQUA TECH ENTERPRISES Pool supplies:Aquatics Program 576.44 576.44
111836 11/30/2006 009828 BAHR, LISA Refund: Spark of Love Toy Drive 60.00 60.00
Page:1
apChkLst Final Check List Page: 2
1113012006 2:27:45PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111837 11/30/2006 002541 BECKER CONSTRUCTION SRVS Street maint:Pechanga Pkwy 19,430.00
INC
Repairs for PW Maint Backhoe 883.24 20,313.24
111838 11/30/2006 004262 BIO-TOX LABORATORIES DUI drug & alcohol screening 1,345.32
DUI drug & alcohol screening 611.00
DUI drug & alcohol screening 402.36 2,358.68
111839 11/30/2006 010339 BRISTOW, STEFANIE Refund: Miss Sue's Tap, Jazz 25.00 25.00
111840 11/30/2006 004176 BROADWING Long distance & internet svcs 749.15 749.15
TELECOMMUNICATIONS
111841 11/30/2006 003138 CAl MAT PW patch truck materials 376.05
PW patch truck materials 250.44
PW patch truck materials 197.32 823.81
111842 11/30/2006 004248 CALIF DEPT OF JUSTICE- Sep '06 Drug & Alcohol Analysis: Police 1,575.00 1,575.00
ACCTING
111843 11/30/2006 000518 CARE ANIMAL HOSPITAL K-9 Medical Services 504.10 504.10
111844 11/30/2006 006114 CASEY, MARGIE Refund: Info Systems Supplies 379.57 379.57
111845 11/30/2006 004381 CENTER FOR HEAL THCARE ACLS Instr Workshop - Brandt, M 11/8 210.00 210.00
111846 11/30/2006 005417 CINTAS FIRST AID & SAFETY First-Aid kits PW Maintenance Yard 214.28 214.28
111847 11/30/2006 010563 CLUBHOUSE, THE Rfrshmnts:P.B.Sprts Prk Grand Open 12/2 2,100.00 2,100.00
111848 11/30/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00
111849 11/30/2006 001193 COMP USA INC Software for the library 64.93 64.93
111850 11/30/2006 000447 COMTRONIX OF HEMET PWVehicles: mobile radios/antennas 2,336.77 2,336.77
111851 11/30/2006 001264 COSTCO WHOLESALE Supplies: Theater activities/events 44.47 44.47
111852 11/30/2006 010559 DARE, lEO Refund: Cite 52131 Hearing dismissal 325.00 325.00
Page2
apChkLst Final Check List Page: 3
1113012006 2:27:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111853 11/30/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:PW Maint 1,036.19
INC
Fuel for City vehicles:Bldg & Safety 445.76
Fuel for City vehicles:PW Depts 375.24
Fuel for City vehicles:PW CIP 173.31
Fuel for City vehicles:Pln/Code Enf 114.05
Fuel for City vehicles:PW Maint 40.56 2,185.11
111854 11/30/2006 002528 EAGLE GRAPHIC CREATIONS Recognition mugs: HR new employees 78.77
INC
Recognition mugs: HR new employees 16.49 95.26
111855 11/30/2006 002390 EASTERN MUNICIPAL WATER 190304-02 Seraphina Rd 550.34
DIST
95366-02 Diego Dr Ldscp 247.88 798.22
111856 11/30/2006 000164 ESGIL CORPORATION Plan check srvcs:B&S 27,629.44 27,629.44
111857 11/30/2006 001056 EXCEL LANDSCAPE Oct Idscp maint:R.R.Sports Park 42,912.29
Oct Idscp maintSouth Slopes 33,002.50
Oct Idscp maintR.R. Sports Park 28,407.04
Oct Idscp maintMedians 9,735.12
slope Idscp repairsVail Ranch/R.Hghlnds 1,549.63
irrigation repairs:Redhawk 1,034.29
irrigation repairs:Margarita/Overland 206.10 116,846.97
111858 11/30/2006 003665 EXCEL TELECOMMUNICATIONS Oct long distance phone svcs 6.43 6.43
111859 11/30/2006 000478 FAST SIGNS Apply vehicle id leUerslnumbers:B&S 322.86
Magnetic vehicle signs:code enforce 68.16 391.02
111860 11/30/2006 004310 FEDEX GROUND INC Express Mail Service 187.52 187.52
111861 11/30/2006 000206 FEDEX KINKOS INC Invitations:PBSP Grand Opening 575.17
Misc Paper/Office Supplies:Ctrl Svs Ctr 6.24 581.4 1
111862 11/30/2006 004000 FENCING BY ACREY INC Res Imp Prog: Hilton, Maria 2,242.00 2,242.00
111863 11/30/2006 003747 FINE ARTS NETWORK EntertainmentDickens holiday 11/19 300.00
EntertainmentDickens Holiday 11/18 300.00 600.00
111864 11/30/2006 010361 FITZSIMONS, JOHN Refund: Main Street Security Deposit 100.00 100.00
111865 11/30/2006 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
111866 11/30/2006 000170 FRANKLIN QUEST COMPANY INC Calendars for Planning staff 328.50 328.50
Page:3
apChkLst Final Check List Page: 4
1113012006 2:27:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111867 11/30/2006 007866 G C S SUPPLIES INC toner/cartridge supplies: Info Sys 544.01 544.01
111868 11/30/2006 010028 G M BUSINESS INTERIORS Adult/Children's Furniture: Library 9,760.93
Adult/Children's Furniture: Library 9,581.30
Furniture for new Library 3,902.42
Furniture for new Library 3,737.79 26,982.44
111869 11/30/2006 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Building & Safety 1,131.08
INC
Paper:public safety expo event 1,084.89
Office Supplies: Theater 98.88 2,314.85
111870 11/30/2006 002659 GOVERNING Subscription: #183135 Ubnoske, 0 16.00 16.00
111871 11/30/2006 000186 HANKS HARDWARE INC Misc. tools & equip:pw traffic div 99.25
Maintenance supplies:CRC 59.53
Maintenance supplies:C.Museum 20.70
Maintenance supplies:C. Museum 17.53
Maintenance supplies:Theater 17.32
Hardware supplies: City Hall 15.02
Hardware and supplies-Theater 2.10 231.45
111872 11/30/2006 001135 HEALTH POINTE MEDICAL Oct Pre-employment physicals 255.00 255.00
GROUP INC
111873 11/30/2006 004811 HEWLETT PACKARD HP Compaq Workstation:Police Storefront 3,487.82 3.487.82
111874 11/30/2006 007792 HINTON, BEVERLY L. TCSD instructor earnings 208.60 208.60
111875 11/30/2006 005748 HODSON, CHERYL A Support Payment 31.92 31.92
Page:4
apChkLst Final Check List Page: 5
1113012006 2:27:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111876 11/30/2006 003198 HOME DEPOT, THE Res impr prgm: MF small tools & equip 529.02
Small tools & equip:tem public library 400.22
Misc. supplies for PW Maint. Division 312.48
Misc. supplies PW Maintenance Division 312.48
small tools & equip: l\/\ITCM 272.20
small tools & equip: l\/\ITCM 240.83
Maint. supp: aquatics 182.49
Maintenance supplies-various parks 142.10
Misc. supplies for PW Maint. Division 118.31
Maintenance supplies-various parks 23.24
Maintenance supplies-various parks 20.58
Maintenance supplies-various parks 19.70
Misc. supplies for PW Maint. Division 19.36
Maintenance supplies-various parks 13.73
Maintenance supplies-various parks 12.91
Maintenance supplies-various parks 11.25
Maintenance supplies-various parks 8.75
Credit/Equipment Returned: l\/\ITCM -226.27 2.413.38
111877 11/30/2006 001123 INDUSTRIAL DISTRIBUTION Misc. supplies: PW Maintenance Division 99.04
GROUP
Misc. supplies: PW Maintenance Division 88.66 187.70
111878 11/30/2006 009693 INLAND VALLEY CLASSICAL Nutcracker 11/24-26:Theater stlmnt 5,484.45 5.484.45
BALLET
111879 11/30/2006 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemical:CRCfTES pools 457.73
INC
Pool sanitizing chemical:CRCfTES pools 167.56 625.29
111880 11/30/2006 010206 JARCO ROOFING Res Imp Prog: Radabaugh, Scott/Estella 1,250.00 1,250.00
111881 11/30/2006 010095 JEWELL FENCE COMPANY Res Imp Prog: Crookshank, \l\lilliam 350.00 350.00
111882 11/30/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 11/12W. Wedeking 765.60
Temp help PPE 11/12 M. Board 495.90 1,261.50
111883 11/30/2006 001282 KNORR SYSTEMS INC diving board for CRC pool 2,497.03 2.497.03
111884 11/30/2006 000488 KNOTTS BERRY FARM Summer Day Camp excursion 7/27/06 2,021.90 2,021.90
111885 11/30/2006 010569 LA CAD "Civil 3D 2007" S.Harvey 12/11-13/06 275.00 275.00
111886 11/30/2006 006744 LAMAR CORPORATION, THE Billboard advertising: Special Event 495.00 495.00
PageS
apChkLst Final Check List Page: 6
1113012006 2:27:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111887 11/30/2006 004412 LEANDER, KERRY D. TCSD instructor earnings 281.75
TCSD instructor earnings 252.00
TCSD instructor earnings 225.75 759.50
111888 11/30/2006 003286 LIBRARY SYSTEMS & SERVICES Oct svcs-library system agrmnt 1,792.52 1,792.52
111889 11/30/2006 004905 LIEBERT, CASSIDY & WI-HTMORE Oct HR legal svcs for TE06G-#1 52.00 52.00
111890 11/30/2006 004141 MAINTEX INC custodial supplies:City Hall 353.95 353.95
111891 11/30/2006 002693 MATROS, ANDREA TCSD Instructor Earnings 84.00
TCSD Instructor Earnings 42.00 126.00
111892 11/30/2006 010567 MAXIMINO, FORTINO refund :sec.depositlCRC 150.00 150.00
111893 11/30/2006 001924 MAXIMUS INC State mandated c1aims:Finance 2,466.00 2,466.00
111894 11/30/2006 010148 MCLANE, PEGGY Reimb:Thanksgiving supplies 59.17 59.17
111895 11/30/2006 006571 MELODY'S AD WORKS Reimb Expenses:Dickens Holiday 292.34 292.34
111896 11/30/2006 007210 MIDORI GARDENS Oct Idscp maint:Neighborhood Prks 49,931.61
Irrigation repairs:Vail Ranch Prk 10/18 500.96
irrigation repairs:Vail Ranch Prk 10/10 363.16
irrigation repairs:Michael Linden Prk 254.65 51,050.38
111897 11/30/2006 007669 MILES, KATRINA TCSD Instructor Earnings 192.50 192.50
111898 11/30/2006 008091 MILLMORE'S WAX CREW City vehicles detailing svcs:PW Depts 125.00 125.00
111899 11/30/2006 001384 MINUTEMAN PRESS windowenvelopes:Finance 562.22
Bus. cards:M.Parker, J.Grove, Z.Smith 130.11
business cards:R. Graciano 116.96
business cards:B. Lowrey 43.37 852.66
111900 11/30/2006 004020 MISSION INN FOUNDATION Mission excursion: MPSC 12/12/06 151.00 151.00
111901 11/30/2006 003135 MOORE WALLACE printing:PoIice ntc to appear cite books 2,458.21
printing:Police parking citation books 1,019.32
printing:PoIice ntc to appear cite books 351.69 3,829.22
111902 11/30/2006 007096 MUSICIANS WORKSHOP 11/16 Holiday Concert:Theater stlmnt 500.95 500.95
Page:6
apChkLst
1113012006
2:27:45PM
Final Check List
CITY OF TEMECULA
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
111903 11/30/2006 010565 NAKAISHI, JACKIE
refund:Sec.DepositfTCC Rental
246.00
246.00
111904 11/30/2006 002037 NEXUS INTEGRATION SERVICES Cable installation srvcsTheater
149.09
149.09
111905 11/30/2006 010566 NGUYEN, TAM THANH refund:Cert. of Occupancy issued 132.80 132.80
111906 11/30/2006 003570 NORM REEVES 4WD 1/2 Ton Truck:PW 25,514.38 25,514.38
111907 11/30/2006 002139 NORTH COUNTY TIMES annual subscrTheater #117663 106.80 106.80
111908 11/30/2006 010334 OBMANN, REBECCA Reimb:Spark of Love Toy Drive 71.98 71.98
111909 11/30/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 641.37
City Vehicle Repair/Maint SVcs 288.42
City Vehicle Repair/Maint SVcs 200.62
City Vehicle Repair/Maint SVcs 78.82
City Vehicle Repair/Maint SVcs 34.57 1,243.80
111910 11/30/2006 007959 ONEIL SOFTWARE INC 2,000 add'tl barcodes:Rcrds Mgmt 138.81 138.81
111911 11/30/2006 009694 ONSTAGE MUSICALS N ov.Home/Holidays/CabaretlAII-starThtr 5,989.63
Davy Crockett/storybookThtr stlmnt 321.99 6,311.62
111912 11/30/2006 001171 ORIENTAL TRADING COMPANY supplies for Veterans Memorial 145.41
INC
misc supplies for Team PACE 125.10 270.51
111913 11/30/2006 002297 OVERLAND PACIFIC & CUTLER Oct Consulting:Civic Center TEM-006 1,095.00
INC
Oct Consulting:Civic Center TEM-007 760.00 1,855.00
111914 11/30/2006 002331 PEP BOYS INC misc. parts & supplies:PWMaint 151.24 151.24
111915 11/30/2006 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55
PROGRAM
111916 11/30/2006 000249 PETTY CASH purchase toys:Spark of Love Toy Drive 3,000.00 3,000.00
111917 11/30/2006 000249 PETTY CASH Petty Cash Reimbursement 343.27 343.27
111918 11/30/2006 001999 PITNEY BOWES Jan-Mar '07 postage mtr rental:Cntrl Svc 269.11 269.11
Page:?
apChkLst Final Check List Page: 8
1113012006 2:27:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111919 11/30/2006 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 220.50 220.50
111920 11/30/2006 010380 QUALITY TRAILER SALES Cargo trailer:Police 4,102.54 4,102.54
111921 11/30/2006 002012 ROO EQUIPMENT COMPANY Repairs to Backhoe & tractor:PW Maint 8,000.00 8,000.00
111922 11/30/2006 009897 RAMIREZ, ELlGIO PAES Res Imprv Prgm:Plourde, Harvey 3,350.00 3,350.00
111923 11/30/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 10/06-11/07/06 22,779.28
Various Water Meters 10/19-11/20/06 2,433.22
Nov 01-04-47210-0 T.E.S. Pool 999.46
Nov01-02-98010-0 Fire Stn 84 483.08
Nov 01-04-10033-2 Margarita Rd 242.66
Nov 01-08-38009-0 Fire Stn 92 72.66
Nov 01-02-98000-0 Fire Stn 84 14.04 27,024.40
111924 11/30/2006 002654 RANCHO FORD LINCOLN 4WD %.. Ton TruckTCSD 20,216.06
MERCURY
2VVD 1/2-Ton Truck:Fire 17,234.61
2VVD 1/2-Ton Truck:Code Enf XX639 17,234.61
2VVD 1/2-Ton Truck:Code Enf XX640 17,234.61 71,919.89
111925 11/30/2006 004498 REPUBLIC INTELLIGENT Oct street light maint:Citywide 7,766.50
materials/equipment: PW Traffic 3,620.35
furnish/deliver 26 yellow LEDS:PWTraf. 3,510.00
traffic sgnl mntc:W1nchester/Jefferson 1,750.00
traffic signal maintR.C./Ynez 1,333.19
furnish/deliver pullboxes:PWTraffic 475.00 18.455.04
111926 11/30/2006 000352 RIVERSIDE CO ASSESSOR Nov assessor maps:Bldg & Safety 21.00 21.00
111927 11/30/2006 000418 RIVERSIDE CO CLERK & May-Jun '06 recording/copy fees:PW 42.00 42.00
RECORDER
111928 11/30/2006 000411 RIVERSIDE CO FLOOD CONTROL encroachment permit:Mur.Crk Trail 2,000.00 2,000.00
111929 11/30/2006 004773 RIVERSIDE CO SHERIFFS Oct 06 Booking Fees 31,276.53 31,276.53
111930 11/30/2006 000406 RIVERSIDE CO SHERIFFS DEPT Traf.Collision Reconstr:J.Joyner 12/4-15 423.00 423.00
111931 11/30/2006 001365 RIVERSIDE COUNTY OF Jul-Sep '06 vector control svcs 2,072.81 2,072.81
Page:8
apChkLst Final Check List Page: 9
1113012006 2:27:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111932 11/30/2006 003587 RIZZO CONSTRUCTION INC projection wiring/cabinet mods:C.H.conf 1,500.00 1,500.00
111933 11/30/2006 003544 ROBERT SHEA PERDUE REAL Real estate appraisal:RDA 4,400.00 4,400.00
ESTATE
111934 11/30/2006 007113 RYLE, SHEILA H. TCSD Instructor Earnings 570.50
TCSD Instructor Earnings 114.10 684.60
111935 11/30/2006 009196 SACRAMENTO THEATRICAL theatrical lighting parts:Theater 74.38 74.38
LIGHTING
111936 11/30/2006 001500 SAN DIEGO REGIONAL TRAIN Regist:"C/S Skills" 1 0/25 Var Depts staff 525.00 525.00
CTR
111937 11/30/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File #2005033893 150.00 150.00
111938 11/30/2006 009746 SIGNS BY TOMORROW "field closed renovation" sign:TCSD 389.49 389.49
111939 11/30/2006 010564 SINGLE MOTHERS UNITED IN refund :Sec. DepositlMPSC 150.00 150.00
111940 11/30/2006 010492 SKADDEN, ARPS, SLATE, Oct '06 legal services 187.00 187.00
MEAGHER
111941 11/30/2006 000645 SMART & FINAL INC Misc supplies:High Hopes Prgm 259.52 259.52
111942 11/30/2006 000537 SO CALIF EDISON Nov 2-02-351-4946 MPSC 919.47
Nov 2-18-937-3152 T.Museum 624.18
Nov 2-27-615-1750 Fire Stn 73 618.44
Nov 2-23-365-5992 Fire Stn 92 418.56
Nov 2-11-007-0455 6th St 306.20
Nov 2-21-911-7892 Old Tovvn Prk Lot 184.50
Nov 2-21-981-4720 Hwy 79S 72.68
Nov 2-19-171-8568 Wedding Chpl 70.95
Nov2-14-204-1615 Front st Rdio 48.06
Nov 2-27-371-8494 Offsite Storage 19.58 3,282.62
111943 11/30/2006 001212 SO CALIF GAS COMPANY Nov 091-024-9300-5 CRC 2,856.82
Nov 095-167-7907-2 Fire Stn 84 135.56
Nov 021-725-0775-4 MPSC 124.39
Nov 026-671-2909-8 Community Theater 78.46
Nov 101-525-0950-0 TCC 69.07
Nov 101-525-1560-6 Fire Stn 73 61.07
Nov 133-040-7373-0 Maint Fac 40.57
Nov 181-383-8881-6 T. Museum 18.85 3,384.79
Page:9
apChklst Final Check List Page: 10
1113012006 2:27:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
111944 11/30/2006 000519 SOUTH COUNTY PEST CONTROL pest control service:Spy GlassfTemeku 94.00
INC
pest control services:Code Enf 94.00
pest control service:Fire Stn 84 80.00 268.00
111945 11/30/2006 007851 SOUTH COAST HEATING & AIR thermostat covers:Harveston Park 202.61 202.61
111946 11/30/2006 005786 SPRINT 10/15-11/14/06 Acct level Chrgs 31.33 31.33
111947 11/30/2006 008164 SUN CITY GRANITE INC Paver maint:veterans memorial 3,400.00 3,400.00
111948 11/30/2006 010568 T-MOBILE USA, INC refund:dup.paymentlsite SO-460-01 1,739.90 1,739.90
111949 11/30/2006 000305 TARGET BANK BUS CARD SRVCS recreation supplies:C. Museum 119.51
recreation supplies:C. Museum 39.22
Hospitality supplies:Theater 19.38 178.11
111950 11/30/2006 009054 TEIMORIAN, NAIEREH Refund:T ap/BalletlJazz 85.00 85.00
111951 11/30/2006 006465 TEMECULA AUTO REPAIR City vehicle maint:Fire Prev 1,017.12
City vehicle maint:Paramedics 397.46
City vehicle maint:Paramedics 65.00
City vehicle maint:Fire Prev 15.00 1,494.58
111952 11/30/2006 005412 TEMECULA GARDEN & POWER misc. repairs & parts:PW Maint 31.98 31.98
111953 11/30/2006 006305 TEMECULA SISTER CITY ASSN FY 06/07 Sponsorship 7,500.00 7,500.00
111954 11/30/2006 004260 TEMECULA STAMP & GRAPHICS signature stamp:Fire Prev 28.55 28.55
111955 11/30/2006 007340 TEMECULA VALLEY FIRE EQUIP. Fire Extinguisher:TCSO 49.51 49.51
CO
111956 11/30/2006 010276 TIME WARNER CABLE Nov-Oec high speed intemet MN 46.95 46.95
111957 11/30/2006 005937 TOMCZAK, MARIA T. TCSO Instructor Earnings 61.60 61.60
111958 11/30/2006 008317 TRUEVINE PENTECOSTAL Refund :Sec. OepositfTCC 150.00 150.00
CHURCH
111959 11/30/2006 000325 UNITED WAY United Way Charities Payment 210.15 210.15
Page:10
apChkLst Final Check List
1113012006 2:27:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid
111960 11/30/2006 004261 VERIZON Novxxx-2016 reverse 911 1,625.63
Novxxx-0074 general usage 258.84
Nov xxx-3526 fire alarm 86.61
Nov xxx-3564 alann 57.72
Novxxx-0714 PO Mall Alarm 30.86
Nov xxx-5275 PO DSL 29.79
Novxxx-7786 C. \/Vashington 29.56
Nov xxx-2676 general usage 28.87
Novxxx-5696 Sports Complex 28.87
Nov xxx-3984 M.Naggar 28.87
Novxxx-9074 McLaughlin Bldg 28.87
Nov xxx-6084 general usage 27.94
111961 11/30/2006 004789 VERIZON ONLINE Internet svcs/EOC backup @ Library 600.51
Internet svcs xx2527 Police DSL 39.95
111962 11/30/2006 010560 WEISSMAN, DORIS Refund: Cite 51932 Hearing dismissal 325.00
111963 11/30/2006 008402 WESTERN RIVERSIDE COUNTY Oct '06 MSHCP payment 13,642.80
111964 11/30/2006 007701 WOLF CREEK DEVELOPMENT, Developer costs/issuance:CFD 03-3 55,996.20
LLC
111965 11/30/2006 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 142.80
Page: 11
Grand total for UNION BANK OF CALIFORNIA:
Check Total
2,262.43
640.46
325.00
13,642.80
55,996.20
142.80
883,026.57
Page:11
apChkLst
1113012006
2:27:45PM
Final Check List
CITY OF TEMECULA
Page: 12
145
checks in this report.
Grand Total All Checks:
883,026.57
Page:12
ITEM NO.4
Approvals
City Attorney
Director of Finance
City Manager
~
IJIl
(J(L,
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
December 12, 2006
SUBJECT:
City Treasurer's Report as of October 31, 2006
PREPARED BY:
Jason Simpson, Assistant Finance Director
Shannon Buckley, Accountant
RECOMMENDATION:
October 31,2006,
That the City Council approve the City Treasurer's Report as of
BACKGROUND: Government Code Sections 53646 and 41004 require reports to the
City Council regarding the City's investment portfolio, receipts, and disbursements respectively,
Adequate funds will be available to meet budgeted and actual expenditures of the City for the next
six months, Current market values are derived from the Local Agency Investment Fund (LA IF)
reports, Union Bank of California trust and custody statements, and from USBank trust statements,
Attached is the City Treasurer's Report that provides this information,
The City's investment portfolio is in compliance with the statement of investment policy and
Government Code Sections 53601 and 53635 as of October 31,2006,
FISCAL IMPACT:
None,
ATTACHMENTS:
City Treasurer's Report as of October 31, 2006
City of Temecula, California
Portfolio Management
Portfolio Summary
October 31, 2006
City ctTemecula
43200 6usirtess Park [);rve
PO 60x9033
Temecula, CA, 92590
(951)694-6430
Reporting period 10/01/2006-1013112006
Portfolio TEME
CP
PM (PRF_PM1)SyrnRer<5.4U02a
ReportVer.5.00
Run Date: 12!05!2000-11:37
City of Temecula, California
Portfolio Management Page 2
Portfolio Details - Investments
October 31, 2006
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Managed Pool Accounts
104348013 01-2 COI First American Treasury 09/01/2006 125,846.27 125,846.27 125,846.27 4.720 4.655 4.720
104348008 01-2 IMP First American Treasury 09/01/2006 2,967,687.23 2,967,687.23 2,967,687.23 4.720 4.655 4.720
104348006 01-2 RES A First American Treasury 09/01/2006 442,078.03 442,078.03 442,078.03 4.720 4.655 4.720
104348016 01-2 RES B First American Treasury 09/01/2006 203,506.98 203,506.98 203,506.98 4.720 4.655 4.720
104348000 01-2 SP TAX First American Treasury 09/01/2006 45,069.02 45,069.02 45,069.02 4.720 4.655 4.720
94669911-1 03-1 ACO A1 First American Treasury 3,674.69 3,674.69 3,674.69 4.720 4.655 4.720
94669921-1 03-1 ACO B1 First American Treasury 14,117.70 14,117.70 14,117.70 4.720 4.655 4.720
94669902 03-1 BOND First American Treasury 0.34 0.34 0.34 5.880 5.799 5.880
94669908-1 03-1 CAL TR 1 First American Treasury 538,467.39 538,467.39 538,467.39 4.720 4.655 4.720
94669916-1 03-1 CITY 1 First American Treasury 839.44 839.44 839.44 4.720 4.655 4.720
94669906-1 03-1 RES A1 First American Treasury 13.55 13.55 13.55 4.720 4.655 4.720
94669916 03-1 RES B First American Treasury 232,787.81 232,787.81 232,787.81 4.720 4.655 4.720
94669900 03-1 SP TAX First American Treasury 99,587.09 99,587.09 99,587.09 4.720 4.655 4.720
SYSCFD 03-04-1 AD 03-04-1 First American Treasury 2,603.41 2,603.41 2,603.41 4.720 4.655 4.720
SYSCFD 03-04-2 AD 03-04-2 First American Treasury 8,095.21 8,095.21 8,095.21 4.720 4.655 4.720
SYSCFD 03-04-3 AD 03-04-3 First American Treasury 5,022.60 5,022.60 5,022.60 4.720 4.655 4.720
SYSCFD 03-04-5 AD 03-04-5 First American Treasury 1,813.24 1,813.24 1,813.24 4.720 4.655 4.720
SYSCFD 01-2-1 CFD 01-2-1 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720
SYSCFD 01-2-2 CFD 01-2-2 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720
SYSCFD 01-2-3 CFD 01-2-3 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720
SYSCFD 01-2-4 CFD 01-2-4 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720
SYSCFD 01-2-5 CFD 01-2-5 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720
SYSCFD 01-2-9 CFD 01-2-9 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720
SYSCFD 03-02-10 CFD 03-02-10 First American Treasury 689,255.60 689,255.60 689,255.60 4.720 4.655 4.720
SYSCFD 03-02-11 CFD 03-02-11 First American Treasury 38,472,381.13 38,472,381.13 38,472,381.13 4.720 4.655 4.720
SYSCFD 03-02-13 CFD 03-02-13 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720
SYSCFD 03-02-3 CFD 03-02-3 First American Treasury 14,796.53 14,796.53 14,796.53 4.720 4.655 4.720
SYSCFD 03-02-6 CFD 03-02-6 First American Treasury 3,572,322.01 3,572,322.01 3,572,322.01 4.720 4.655 4.720
SYSCFD 03-02-7 CFD 03-02-7 First American Treasury 1,083,477.42 1,083,477.42 1,083,477.42 4.720 4.655 4.720
SYSCFD 03-02-9 CFD 03-02-9 First American Treasury 1,408,002.72 1,408,002.72 1,408,002.72 4.720 4.655 4.720
94669900 CFD 03-03-1 First American Treasury 82,532.14 82,532.14 82,532.14 4.720 4.655 4.720
SYSCFD 03-03-11 CFD 03-03-11 First American Treasury 681,584.01 681,584.01 681,584.01 4.720 4.655 4.720
SYSCFD 03-03-2 CFD 03-03-2 First American Treasury 140.44 140.44 140.44 4.720 4.655 4.720
SYSCFD 03-03-3 CFD 03-03-3 First American Treasury 0.00 0.00 0.00 4.830 4.764 4.830
SYSCFD 03-03-6 CFD 03-03-6 First American Treasury 4.25 4.25 4.25 4.710 4.645 4.710
SYSCFD 03-03-6 CFD 03-03-7 First American Treasury 45.94 45.94 45.94 4.720 4.655 4.720
SYSCFD 03-03-9 CFD 03-03-9 First American Treasury 3,140.05 3,140.05 3,140.05 4.720 4.655 4.720
SYSCFD 03-06-0 CFD 03-06-0 First American Treasury 759.43 759.43 759.43 4.720 4.655 4.720
Portfolio TEME
CP
Run Date 12/05/2006-1137 PM (PRF _PM2) SymRept 6.41.202a
ReportVer.5.00
City of Temecula, California
Portfolio Management Page 3
Portfolio Details - Investments
October 31, 2006
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Managed Pool Accounts
SYSCFD 03-06-1 CFD 03-06-1 First American Treasury 0.00 0.00 0.00 4.380 4.320 4.380
SYSCFD 03-06-2 CFD 03-06-2 First American Treasury 340,590.76 340,590.76 340,590.76 4.720 4.655 4.720
SYSCFD 03-06-3 CFD 03-06-3 First American Treasury 6,462.27 6,462.27 6,462.27 4.720 4.655 4.720
SYSCFD 03-06-8 CFD 03-06-8 First American Treasury 4.10 4.10 4.10 4.630 4.567 4.630
SYSCFD 88-12-1 CFD 88-12-1 First American Treasury 605.93 605.93 605.93 4.720 4.655 4.720
SYSCFD 88-12-3 CFD 88-12-3 First American Treasury 71,438.78 71,438.78 71,438.78 4.720 4.655 4.720
SYSCFD 88-12-5 CFD 88-12-5 First American Treasury 0.01 0.01 0.01 4.720 4.655 4.720
SYSRDA TABS-1 RDA TABs-1 First American Treasury 711.10 711.10 711.10 4.720 4.655 4.720
SYSRDA TABS-3 RDA TABs-3 First American Treasury 0.00 0.00 0.00 2.300 2.268 2.300
SYSTCSD COPS-1 TCSD COPs-1 First American Treasury 430.66 430.66 430.66 4.720 4.655 4.720
SYSTCSD COPS-2 TCSD COPs-2 First American Treasury 0.00 0.00 0.00 4.090 4.034 4.090
SYSRDA TABS-2 RDA TABs-2 MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190
---
Subtotal and Average 50,930,637.56 51,119,896.28 51,119,896.28 51,119,896.28 4.655 4.720
Letter of Credit
SB2339BE 02008 ASSURANCE CO BOND INSURANCE 09/01/2006 1.00 1.00 1.00 0.000 0.000
09652213 02006 Citibank, N.A. 07/01/2006 1.00 1.00 1.00 0.000 0.000
CA 2006-012 02005 Ohio Savings Bank 07/01/2006 1.00 1.00 1.00 0.000 0.000
---
Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000
Local Agency Investment Funds
94669911-2 03-1 ACO A2 CA Local Agency Investment Fun 1,377,935.20 1,377,935.20 1,377,935.20 5.098 5.028 5.098
94669921-2 03-1 ACO B2 CA Local Agency Investment Fun 3,476,272.25 3,476,272.25 3,476,272.25 5.098 5.028 5.098
94669908-2 03-1 CAL TR 2 CA Local Agency Investment Fun 6,396.60 6,396.60 6,396.60 5.098 5.028 5.098
94669916-2 03-1 CITY 2 CA Local Agency Investment Fun 180,872.42 180,872.42 180,872.42 5.098 5.028 5.098
SYSCFD 03-03-10 CFD 03-03-10 CA Local Agency Investment Fun 3,919,538.68 3,919,538.68 3,919,538.68 5.098 5.028 5.098
SYSCFD 03-03-12 CFD 03-03-12 CA Local Agency Investment Fun 10,037,854.98 10,037,854.98 10,037,854.98 5.098 5.028 5.098
SYSCFD 03-03-4 CFD 03-03-4 CA Local Agency Investment Fun 0.00 0.00 0.00 5.098 5.028 5.098
SYSCFD 03-03-8 CFD 03-03-8 CA Local Agency Investment Fun 3,783,356.36 3,783,356.36 3,783,356.36 5.098 5.028 5.098
SYSCFD 03-06-4 CFD 03-06-4 CA Local Agency Investment Fun 1,800,938.02 1,800,938.02 1,800,938.02 5.098 5.028 5.098
SYSCITY CITY CA Local Agency Investment Fun 31,969,695.60 31,948,448.60 31,969,695.60 5.098 5.028 5.098
SYSRDA ROA CA Local Agency Investment Fun 2,083,783.92 2,082,399.05 2,083,783.92 5.098 5.028 5.098
SYSRDA TABS-4 RDA TABs-4 CA Local Agency Investment Fun 0.00 0.00 0.00 5.098 5.028 5.098
SYSTCSD TCSD CA Local Agency Investment Fun 7,436,608.73 7,431,666.37 7,436,608.73 5.098 5.028 5.098
SYSTCSD COPS-3 TCSD COPs-3 CA Local Agency Investment Fun 0.00 0.00 0.00 3.324 3.278 3.324
---
Subtotal and Average 66,800,056.51 66,073,252.76 66,045,678.53 66,073,252.76 5.028 5.098
Run Date 12/05/2006-1137
Portfolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management Page 4
Portfolio Details - Investments
October 31, 2006
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Federal Agency Callable Securities
31331VSQ5 01054 Federal Farm Credit Bank 10103/2006 2,000,000.00 1,998,120.00 2,000,000.00 5.250 5.178 5.250 884 04/0312009
31331V6R2 01055 Federal Farm Credit Bank 10104/2006 1,450,000.00 1,446,824.50 1,450,000.00 5.250 5.178 5.250 1,433 1010412010
31331XBC5 01056 Federal Farm Credit Bank 10/19/2006 2,000,000.00 1,996,260.00 2,000,000.00 5.500 5.425 5.500 1,813 10/1912011
3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 2,981,375.00 3,050,000.00 3.100 3.058 3.101 433 01/0812008
3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,895,500.40 2,965,000.00 3.000 2.960 3.001 432 01/07/2008
3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,930,640.00 3,000,000.00 3.000 2.960 3.001 422 12/28/2007
3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 976,880.00 1,000,000.00 3.000 2.960 3.001 422 12/28/2007
3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 977,810.00 1,000,000.00 3.150 3.108 3.151 439 01/14/2008
3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,953,760.00 2,000,000.00 3.070 3.029 3.071 440 01/15/2008
3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 977,500.00 1,000,000.00 3.125 3.083 3.126 441 01/16/2008
3133X5QF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,951,880.00 2,000,000.00 3.000 2.960 3.001 447 01/22/2008
3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,963,760.00 2,000,000.00 3.520 3.473 3.521 455 01/30/2008
3133XAY84 01026 Federal Home Loan Bank 03/23/2005 1,000,000.00 994,060.00 999,750.00 3.850 3.810 3.863 142 03123/2007
3133XAZ91 01027 Federal Home Loan Bank 03/28/2005 1,000,000.00 997,500.00 999,750.00 3.785 3.750 3.802 57 12/28/2006
3133XBY66 01029 Federal Home Loan Bank 06/15/2005 2,000,000.00 1,996,260.00 2,000,000.00 4.000 3.781 3.833 44 12/15/2006
3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,976,570.00 2,997,360.00 4.250 4.238 4.296 280 08108/2007
3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 953,404.80 960,000.00 4.380 4.320 4.380 317 09/14/2007
3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,976,570.00 2,998,125.00 4.375 4.347 4.407 415 12/21/2007
3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 615,740.60 620,000.00 4.400 4.340 4.400 331 09/28/2007
3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,985,620.00 2,000,000.00 4.500 4.438 4.500 513 03128/2008
3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 990,630.00 1,000,000.00 4.230 4.174 4.232 422 12/28/2007
3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 992,810.00 1,000,000.00 4.140 4.086 4.143 240 06129/2007
3133XDA84 01040 Federal Home Loan Bank 09/28/2005 1,000,000.00 998,130.00 1,000,000.00 4.200 4.147 4.204 57 12/28/2006
3133XDAB7 01041 Federal Home Loan Bank 09/29/2005 1,000,000.00 998,130.00 1,000,000.00 4.120 4.068 4.124 58 12/29/2006
3133XDBQ3 01044 Federal Home Loan Bank 10/14/2005 1,000,000.00 997,810.00 1,000,000.00 4.250 4.196 4.255 70 01/10/2007
3133XDBX8 01045 Federal Home Loan Bank 10/12/2005 1,000,000.00 997,500.00 1,000,000.00 4.150 4.097 4.154 72 01/12/2007
3133XDB67 01046 Federal Home Loan Bank 10/12/2005 1,000,000.00 994,690.00 999,375.00 4.150 4.136 4.193 162 04/12/2007
3133XDKQ3 01047 Federal Home Loan Bank 11/09/2005 1,000,000.00 997,810.00 1,000,000.00 4.500 4.443 4.505 100 02/09/2007
3133XEG94 01053 Federal Home Loan Bank 01/26/2006 1,000,000.00 998,440.00 1,000,000.00 4.750 4.685 4.750 86 01/26/2007
3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 989,200.00 998,000.00 3.750 3.784 3.837 275 08103/2007
3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 989,110.00 1,000,000.00 4.050 3.993 4.048 327 09/24/2007
3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 992,610.00 1,000,000.00 4.375 4.315 4.375 351 10/18/2007
3136F6M63 01028 Federal National Mtg Assn 04/05/2005 1,000,000.00 994,380.00 1,000,000.00 4.000 3.945 4.000 155 04/05/2007
---
Subtotal and Average 48,961,553.55 50,045,000.00 49,477,285.30 50,037,360.00 3.885 3.939 432
Treasury Coupon Securities
912828DT4 02004 U.S. Treasury 03/14/2006 725,000.00 711,635.66 711,635.66 3.750 4.586 4.650 561 05115/2008
912795YQ8 02007 U.S. Treasury 08/01/2006 100,000.00 97,635.08 97,635.08 4.877 9.887 10.024 85 01/25/2007
Portfolio TEME
CP
Run Date 12/05/2006-1137 PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
October 31, 2006
Page 5
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Subtotal and Average 809,270.74 825,000.00 809,270.74 809,270.74 5.226 5.298 504
Federal Agency Bullet Securities
31331 SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 991,880.00 1,000,000.00 3.820 3.768 3.820 212 0610112007
31331 S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 994,060.00 1,000,000.00 4.000 3.947 4.002 166 04/1612007
---
Subtotal and Average 2,000,000.00 2,000,000.00 1,985,940.00 2,000,000.00 3.857 3.911 189
Investment Contracts
94669906-2 03-1 RES A2 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,800 08/31/2033
SYSCFD 03-03-5 CFD 03-03-5 IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 10,165 08/31/2034
SYSCFD 88-12-2 CFD 88-12-2 IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.499 5.575 3,957 09/01/2017
SYSCFD 88-12-4 CFD 88-12-4 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 3,957 09/01/2017
---
Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.288 4.348 7,614
Total and Average 180,901,978.76 175,129,640.80 174,504,562.61 175,106,271.54 4.559 4.622 349
Run Date 12/05/2006-1137
Portfolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management Page 6
Portfolio Details - Cash
October 31, 2006
Average Purchase Stated YTM VTM Days to
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity
Retention Escrow Account
SYSRJ NOBLE RJ NOBLE Bank of Sacramento 0.00 0.00 0.00 1.250 1.233 1.250
SYSRJ NOBLE RJ NOBLE CO Bank of Sacramento 08/07/2006 233,685.63 233,685.63 233,685.63 1.250 1.233 1.250
SYSBARNHART1 BARNHART 1 California Bank & Trust 639,683.51 639,683.51 639,683.51 3.200 3.156 3.200
SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 651,901.36 651,901.36 651,901.36 1.250 1.233 1.250
SYSRIV CONST 1 RIV CONST 1 Community National Bank 0.00 0.00 0.00 3.000 2.959 3.000
PREMIER BANK PREM IER BAN K PREMIER BANK 08/18/2006 201,859.38 201,859.38 201,859.38 1.830 1.805 1.830
Passbook/Checking Accounts
SYSPetty Cash Petty Cash City ofTemecula 07/01/2006 2,210.00 2,210.00 2,210.00 0.000 0.000
SYSFlex Ck Acct Flex Ck Acct Union Bank of California 07/01/2006 15,357.42 15,357.42 15,357.42 0.000 0.000
SYSGen Ck Acct Gen CkAcct Union Bank of California 07/01/2006 927,963.81 927,963.81 927,963.81 0.000 0.000
OLD TOWN CK ACC OLD TOWN CHK Union Bank of California 07/01/2006 44,570.75 44,570.75 44,570.75 0.000 0.000
SYSParking Ck Parking Ck Union Bank of California 07/01/2006 17,465.50 17,465.50 17,465.50 0.000 0.000
Average Balance 0.00
Total Cash and Investmentss 180,901,978.76 177,864,338.16 177,239,259.97 177,840,968.90 4.559 4.622 349
Run Date 12/05/2006-1137
Portfolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
CASH AND INVESTMENT REPORT
CITY OF TEMECULA
THROUGH OCTOBER 2006
001 GENERAL FUND
100 STATE GAS TAX FUND
101 STATE TRANSPORTATION FUND
120 DEVELOPMENT IMPACT FUND
140 COMMUNITY DEV BLOCK GRANT
150 AB 2766 FUND
160 AB 3229 COPS
165 RDADEVLOW/MOD200/0 SET ASIDE
170 MEASURE A FUND
190 TEMECULA COMMUNITY SERVICES DISTRICT
192 TCSD SERVICE LEVEL "B" STREET LIGHTS
193 TCSD SERVICE LEVEL"C" LANDSCAPEISLOPE
194 TCSD SERVICE LEVEL "D" REFUSEIRECYCLING
195 TCSD SERVICE LEVEL "R" STREETIROAD MAINT
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT,
197 TEMECULA LIBRARY FUND
210 CAPITAL Il\1PROVEMENT PROJECT FUND
261 CFD 88-12 ADMIN EXPENSE FUND
272 CFD 01-2 HARVESTON A&B Il\1PROVEMENT FUND
273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND
274 AD 03-4 JOHN WARNER IMPROVEMENT FUND
275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND
276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
277 CFD-RORIPAUGH
280 REDEVELOPMENT AGENCY - CIP PROJECT
300 INSURANCE FUND
310 VEHICLES FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
380 RDA 2002 TABS DEBT SERVICE
390 TCSD 2001 COP'S DEBT SERVICE
460 CFD 88-12 DEBT SERVICE FUND
471 CFD 98-1 WINCHESTER HILLS DEB SERVICE
472 CFD 01-2 HARVESTON A&B DEBT SERVICE
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND
474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE
475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
477 CFD- RORIPAUGH
GRAND TOTAL
FUND TOTAL
42,595,750,39
151,399,10
986,313.49
10,903,278,66
321,265,21
9,511,467,73
3,582,899,38
130,513.48
12,346,30
798,70
50,465,04
31,579,70
298,389,68
414,18
20,228,737,00
88,398.45
2,967,687,23
5,598,575,69
95,17
18,425,520,02
1,807,400,29
40,963,861.27
538,116,51
1,583,512,63
740,443,67
908,424.41
255,731.09
152,122,32
1,843,852,69
7,547,50
3,103,741.09
900,528,67
1,313,471.83
137,618,27
2,337,805,71
356,060.44
4,403,126,98
177 ,239,259.97
ITEM NO.5
Approvals
City Attorney
Director of Finance
City Manager
~
/112.
a-0
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Debbie Ubnoske, Director of Planning
DATE:
December 12, 2006
SUBJECT:
Agreement for Consulting Services Between the City of Temecula and Fehr and
Peers Transportation Consultants (at the request of Council Members Naggar
and Comerchero)
PREPARED BY:
Dale West, Associate Planner
RECOMMENDATION:
That the City Council:
1, Approve the Contract with Fehr and Peers Transportation Consultants in the amount
of $37,660; and
2, Authorize the City Manager to approve additional services up to ten percent of the
amount of the agreement not to exceed $3,766; additional services that exceed this
amount will require City Council approval.
3, Approve a budget appropriation of $41,426 from General Fund Designated Fund
Balance,
BACKGROUND: Granite Construction Company is seeking approval of a surface
mining permit for the 311 acre Liberty Quarry site located in southwest Riverside County. The
Environmental I mpact Report for the proposed quarry is anticipated to be circulated for public review
and comment in the beginning of 2007, In light of the proposed mining operation's proximity to the
City, staff is concerned that the potential air quality and transportation impacts could be significant.
To assist with the review of the EI R technical studies, staff determined that it would be best to bring
a consulting firm on board,
On September 27,2006, staff distributed a Request for Proposal (RFP) to seven consulting firms in
central and northern California for both air quality and transportation services, A t the request of the
City Attorney, out of area consulting firms were selected in order to avoid a potential conflict of
interest. One consulting firm, Fehr and Peers, responded to the transportation component of the
RFP, However, due to the lack of responses received, staff extended the deadline of the RFP to
October 24, 2006, No further responses were received, A subsequent RFP to perform air quality
analysis was released on November 13, 2006, This RFP closes on December 13, 2006, Staff will
bring forward a recommendation for air quality consulting services at a future City Council meeting,
Staff has reviewed the Fehr and Peers qualifications and proposal and feels that no further RFP for
transportation consulting services is necessary, Fehr and Peers has the knowledge and experience
necessary to perform the scope of services as outlined in the RFP, Staff is, therefore,
recommending the City Council approve the attached contract for professional services with Fehr
and Peers,
FISCAL IMPACT: The City reserved $500,000 on June 30, 2006 to fund matters relating
to the Liberty Quarry environmental issues, An appropriation of $41,426 from General Fund
designated for the Liberty Quarry Environmental Analysisllssues,
ATTACHMENTS:
Agreement for Consulting Services
FIN06-14
FOR PROFESSIONAL CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA AND
FEHR& PEERSTRANSPo.RTATION CONSULTANTS
LIBERTY QUARRY ENVIRONMENTAL IMPACT REPORT
THIS, AGREEMENT is made and effective as of December 13; 2006 between
the City of Temecula, a municipal corporation ("City") and Fehr .& Peers Transportation
Consultants ("Consultant"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows: .
1. TERM. This Agreement shall commence on December 13, 2006, and
shall remain and continue in effect until tasks described herein are completed, but in no event
later than December 13,2007, unless sOOner terminated pursuant to the provisions of this
Agreement. .
2, SERVICES. Consultant shall perform the services and tasKs described,
and set forth. in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Consultant shall complete the tasks according to the schedule of performance which is also set
forth in Exh.ibit A. .
3. PERFORMANCE. Consultant shall at all time faithfully, competently and
to the best of his or her ability, experience, and tall'lnt, perform all tasks described herein.
Consultant shall employ, ata minimum, generally accepted standards andptactices.utilized by
persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, iri accordance with the payment
.rates and terms and the. schedule of paymel)t as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in fUll,
based upofl actual time spent on the above tasks. Any terms in Exhibit B other than the scope
of work to be performed, payment rates and schedule of payment are null and void: This
. amount shall not exceed Thirty Seven Thousand Six Hundred and Sixty Dollars and No
Cents ($37,660.00) for the total term of the Agreement unless additional payment is approve!!
. ( ..
as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager. Consultant shall be compensated for any additionalserliices, in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services. The City Manager- may approve
additipnal work up to ten percent (10%) of the amount of the Agreement but in no event shall
the total sum of the agreement exceed the amount approved by City Council. Any additional
work in excess of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual serviCes performed.
'Invoices shall be submitted between the first and fifteenth business day of each month, for
serviCes provided in the; previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees
it shall give written notice to Consultant within 30 days of receipt of a invoice, of any disputed
fees set forth on the invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE.
a. The City may atany time, for any reason, with or without cause, suspend
or ten:ninate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all worik under this Agreement, unless the notice provides otherwise. If the City suspends
. or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to, the City. Upon termination of the Agreement
pursuant to this" Section, the Consultant will submit an invoice. to the City pursuant to Section 5.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provi,sions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of .
this Agreement,City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
. performance of work hereunder arises out,of causes beyond the Consultant's control, and'
without fault or negligence of the Consultant, it shall not be considered a default.
b. . If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days aftefservice
upon it of said notice in which to cure the default by rendering a satisfactory performance. In
the event that the Consultant fails to cure its default within such period of time, the City shall
have the right. notwithstanding' any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under ~his Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. . Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
Services provided in sufficient detail to permit an evaluation of services. ' All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to maKe transcripts there from as
necessary, and shall alloW inspection of all work, data, documents, proceedings and activities
related to, this' Agreement. Such records, together with supporting documents, shall be
,maintained for a period ofthree (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data g~nerated for the work,surveys, notes, and other documents, except accounting records,
prepared in the course of providing the services to be performed pursuant to this Agreement
shall become the sole property of the City and may be used, reused or otherwise disposed of by
the City without ,the permission of the Consultant. With respect to computer files containing data
generated for the work, Cons,ultant shall make available to the City, upon reasonable Written
request by the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
a.INDEMNIFICATION, The Consultant agrees to defend, indemnify,
protect and hold harmless the City, its officers, officials, employees and volunteers from and
against any and all claims, demands, losses, defense costs or expenses, including attorney fees
arid expert witness fees, or liability of ariy kind or nature which the City, its officers, agents and
employees may sustain or incur or which maybe imposed upon them for injury to or death of
, persons, or damage to property to the' extent arising out of Consultanfs negligent or wrongful
'acts or omissions arising 'out of or in any way related to the performance or non-performance of
this Agreement, excepting only liability arising out of the negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain
for the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
,the Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Ser:vices Office Commercial General liability form
No. CG 00 01 11 85 or 8a.
(2)
Insurance Services Office Business Auto Coverage form CA 00
01 0692 covering Automobile liability, ,code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement
to the Generalliabilitypoiicy described above is acceptable.
(3)
Worker's Compensation insurance as required by the State of
Califomia and Employer's Liability Insurance. If the Consultant has
noemplbyees while performing undef this Agreement, worke,r's
compensation insurance is not required, but Consultant shall
eXecute a declaration that it has no employees.
(4)
Professional liability Insurance shall be written on a policy form
providing professional liability for the Consultant's' profession.
b. " Minimum limits of Insurance. Consultant shall maintain limits no less
than:
(1) General Liability: One million dollars ($1,000,000) per occurrence
for bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit. .
(2) Automobile Liability: One million dollars ($1,000,000) per accident
for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident
for bodily injury or disease.
(4) Professional Liability coverage: One million ($1,000,000) per
claim and Two Million ($2,000,000) in aggregate.
c. Deductiblesand Self-Insured Retentions. Any deductibles or self'insured
retentions must be .declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses. Professional Liability = $75,000; CGL=$O .
d. Other-Insurance Provisions. The general liability and auto.mobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees .and volunteers are to be
covered as insured's as respects: liability arising outof activities
performed by or on behalf of the Consultant; products and
completed operations of the Co.nsultant; premises owned,
occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations on the scope of pro.tection afforded
. to. the City, its officers, officials, employees or volunteers.
(2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the. City, its
officers, officials, employees and volunteers. Any insurance or
self-insured maintained by the City,. its officers, officials,
employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisio.ns of the
policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(4) The Consultant's insurance shall apply separate,ly to each insured
against whom claim is made or suitisbrought, 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 City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to .
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
. a. Consult<lnt is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shaU at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees,' or agents except as set forth in this
Agreement Consultant shall not at any time or in any manner represent that it or any of its'
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or, have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement Except for the fees paid to Consultant as provided in. the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. 'LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed
, of all local, State and Federal ordinances, laws and regulations which in any manner affect
those employed by it or in any way affect the performance of its service pursuant to this
Agreement The Consultant shall at aU times observe and comply with ,all such ordinances,
laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this section.
12. PRIVILEGED AND CONFIDENTIAL INFORMATION.
a. . The work described in the Scope.ofWork has been requested by the City
Attorney and the Citis law firm, Richards, Watson,& Gershon, to assist them in the preparation
of documents and information to be used by the attorneys in potential litigation concerning the' ,
proposed Liberty Quarry, Therefore, all work and work product of the Consultant pursuant to
this Agreement shall be confidential and shall be considered to be within the attomey-c1ient
privilege and the attorney-work product privilege. The work and work product of the Consultant
purSuant to this Agreement shall be confidential and shall not be disclosed without the express
written consent ofihe City Attomey. All documents prepared by Consultant pursuant to this
Agreement shall be marked "Confidential Attorney Client Privilege and Attomey Work Product
Privilege" and shall be transmitted to the City and the City's attorneys in confidence.
b. AU information gained by Consultant in performance of this Agreement
Shall be considered confidential and shall not be released by Consultant Without the City
Attorney'spriorwritten authorization. Consultant, its officers; employees, agents or subcontrac-
tors,' shall not without written authorization from the City Attorney; voluntarily provide
declarations, letters of support, testimony at depositions, response to interrogatories or other
information conceming the work performed under this Agreement or relating to any project or
. property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
c. ' Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
. discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant andlor be present at any .
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with. the opportunity to review any response to discovery requests provided by
ConsultanL However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response. .
14. NOTICES. Any notices which either party may desire to give to the other
party. under this Agreement must be in writing and maybe given either by (I) personal service"
(ii) delivery by a reputable document delivery service, such as but not limited \0, Federal
Express, that provides a receipt showing date and .time of deli very, or (Iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address
of the party as set forth below or at any other address as that party may later designate by
Notice. Notice shall be effective upon delivery to the addresses speCified below or on the third
business day following deposit with the document delivery service or United States Mail, as
provided above.
To City:
City of Temecula
Mailing Addres,s: '
P.O. Box 9033
. Temecula, California 92589-9033
43200 Business Park Drive
T emecula, Califomia 92590
Attention: City Manager'
Fehr & Peers Transportation Consultants
604 Mission Street, 4th Floor
. San Francisco, CA 94105
Attn: Seleta Reynolds, Associate
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination ofthisAgreement, Consultant's sole compensation 1ihall be payment .
for actual services performed up to, and inCluding, the dale of termination or as' may be
otherwise agreed to in writing be,tween the City CounCil and the ConsultanL .
To Consultant:
. ,
.16.I..ICENSES. At all times during the term of this Agreement, Consultant
shall have in full fOrce arid effect, all licenses required of it by law for the performance of the
- services described in this AgteemenL
. 17. GOVERNING LAW. The City and Consultant 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 AgreernenL Any litigation
conceming this Agreement sh.1I1 take place inthe municipal, superior; or federal district court
with geographic jurisdiction over the City of T emecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, theprevailing.party, as
detenmined by-theCourfs judgll1ent, shall be entitled to reasonable attorney fees' and litigation .
expenses for the relief granted,
18. PROHIBITED INTEREST. No officer, or employee of the City of
T emecula shall have any finanCial interest, direct or'indirect, in this Agreement, the proceeds
. thereof, the Contractor, or Contractor's sub-contractors for this project, during hislher tenure or
for one year thereafter. The Contractor hereby warrants and represents to the City that no
officer or employee of the City of 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
Agroemem. . ~
.19. ENTIRE. AGREEMENT. This Agreement contains the entire
understanding between the parties relatirig 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. '
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder:
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
. CONSUL TAIIIT
Fehr & Peers Transportati<m Consultants
Altn: Seleta Reynolds, Associate.
604 Mission Street, 4th Floor .
San Francisco, CA 94105
Phone: 415-369-0425
Fax: 415-369-0426
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
EXHIBIT A
Scope of Work
SCOPE OF SERVICES
TRANSPORTATION
The work described in the Scope of Work has been requested by the City Attorney and the
. City's law firm, Richards, Watson & Cershon, to assist them in the preparation of documents
and information to be used by the attomeys in potential litigation concerning the proposed
Liberty Quarry. Therefore, all work and work product of the Consultant pursuant to this
Agreement shall be confidential.and shall be considere!1 to be within the attorney-client privilege
and the attorney-work product privilege. The work and work product of the Consultant pursuant.
to this Agreement shall be Gonfidential.and shall not be disclosed without the express written
consent of the City Attorney. All documents prepared by Consultant pursuant to this Agreement'
shall be marked "Confidential Attomey Client Privile!:le and Attomey Work Product Priviiege"
and shall be transmitted to the City and the Citis attomeys in confidence.
Task 1:
o Obtain ReTC, SANDAG and Caltrans projected truck and vehicular volumes for northbound
and southbound 1-15 and 1-215
o Identify location and capacity of existing and potential processing facilities within 50 mile
radius and determine aggregate operational truck traffic destinations for each facility
o CQmpareregkmal aggregate processing demand vs. available regional aggregate
.' processing facilities to determine absolute need for additional aggregate processing
'D' ReviewElRand develop written comments
Deliverables:
o
Report summarizin!:l findings
Maps illustrating data and findings
o
Task 2:
o Verify and assess truck traffic impacts as it relates to total vehicle volumes, LOS and v/c
raties for existing and future improvements along 1-15 andl-215 and roadway segments.and
intersectionS within the City if it is determined that the project would have an impact on
those roadways and intersections.
. .
. 0 Review and analyze Mitigation Monitoring Program to assure traffic impacts from qperations .
are negligible
Deliverable!;,:
o
Report summarizing results of review
Task 3:
o Coordinate responses with other agencies (Riverside County Transportation Commission,
. San Diego Association of Governments, Caltrans and Save our Southwest Hills)
o Review response to comments and provide ana1ysis ()f response
Deliverables:
o
Initial set of comments to the EJR
Analysis and memo of response to comments
o
Task 4:
o ' Provide expert testimony at County Board of Supervisors public hearing and in court as
necessary
EXHIBIT B
PAYMENT RATES AND SCHEDULE
The City agrees to pay Consultant in accordance with the payment rates, terms, and schedule
of payment as set forth in this Agreement. This amount shall not .exceed Thirty Nine Thousand
One Hundred Sixty Dollars and No Cents ($39,160.00) for the total term of the Agreement
unless additional payment is approved as provided in this Agreement. Pricing shall remain as
quoted within the cost proposal provided by the Consultant, attached hereto and incorporated
herein as though set forth in full, for the total term of this Agreement.
.
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ITEM NO.6
Approvals
City Attorney
Director of Finance
City Manager
~
/JJ2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Herman D, Parker, Director of Community Services
DATE:
December 12, 2006
SUBJECT:
Agreement with the Friends of the Temecula Library to Operate the Friends
Bookstore
PREPARED BY:
Phyllis L, Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve an agreement with the Friends of the
Temecula Library for the operation of the Friends Bookstore at the Temecula Public Library,
BACKGROUND: The Friends of the Temecula Library (Friends) is a local non-profit
organization that exists to promote the local libraries and encourage use of the libraries and reading
by all citizens, For over 14 years, the Friends have provided the Temecula county branch library
with funding for new books, materials, and children and adult programming, A primary source of the
funds raised by the Friends is derived from their operation of a bookstore at the county branch
library,
The Friends desire to support the new Temecula Public Library as they continue to support the
branch library, Through the design process for the new library, space has been allocated at the
facility for a Friends Bookstore, including work and storage areas to support the bookstore functions,
The Friends will continue to operate the existing bookstore at the county branch library as well as
the new one at the Temecula Public Library, using the raised funds to support both facilities, It is
anticipated that the new bookstore will operate Monday through Saturday from 10:00 a,m, to 4:00
p,m,
The proposed agreement outlines the terms and responsibilities under which the Friends will
operate the bookstore at the Temecula Public Library, The term of the agreement is for five years
with two additional five year renewals, Funds raised by the Friends through the operation of the
bookstore shall be used to fund the Friends operating expenses, to purchase library materials, and
to fund special events, programs and services at the library, The Friends may also solicit donations
for special events and programs and direct sponsorships for the Temecula Public Library, The
proposed agreement is similar in scope to other agreements that the City has entered into with other
support friends groups,
FISCAL IMPACT: The Friends of the Library anticipate generating approximately
$25,000 annually from bookstore operations and programs, The Friends will use these funds to
directly purchase books and materials or to provide services and programs, Upon the City's
request, the Friends will provide an annual accounting of the funds expended on behalf of the
Temecula Public Library,
ATTACHMENTS:
Agreement
LICENSE AGREEMENT BETWEEN THE CITY OF
TEMECULA AND FRIENDS OF THE TEMECULA PUBLIC
LIBRARY FOR THE SUPPORT OF THE TEMECULA
PUBLIC LIBRARY AND OPERATION OF THE FRIENDS
OF THE TEMECULA BOOKSTORE
THIS LICENSE AGREEMENT is made and entered into by and between the
City of Temecula, a municipal corporation ("City") and the Friends ofthe Temecula Library, a
California non-profit corporation (" Association") as of December 12, 2006, In consideration of
the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:
1. Recitals. This Agreement is made with respect to the following facts
and purposes which each of the parties acknowledge and agree are true and correct:
a, The City is the owner of certain real property in the City of
Temecula located at 30600 Pauba Road, Temecula, which is known as the Temecula Public
Library,
b, The Association warrants and represents to the City that it is a non-
profit corporation duly incorporated and authorized to do business in the State of California,
Association is a volunteer group that is dedicated to promoting the Temecula Public Library and
raising funds to support the Temecula Public Library, by purchasing library materials and
funding programs, services and events for the benefit ofthe Temecula Public Library, its patrons
and potential patrons,
c, The City and Association desire to enter into this Agreement to
provide the terms and conditions upon which Association will support the Temecula Public
Library and operate a bookstore within the Temecula Public Library building,
d, The area to be used for the Friends of the Temecula Library
Bookstore ("Bookstore") is designated and described on Exhibit A and shall be known as the
"Premises," The area ofthe Bookstore shall be approximately 900 square feet. Exhibit A is
attached hereto and incorporated herein by this reference as though set forth in full,
e, The City and Association shall mutually establish the hours of the
week during which Association shall operate the Bookstore,
f As used in this Agreement, "Director" shall mean the Director of
Community Services ofthe City of Temecula,
2. Grant of License.
a, City hereby grants to Association a license to use the Premises on
the terms and conditions and for the uses hereinafter specified in this License Agreement.
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b, Except as specifically provided hereinafter to the contrary,
Association shall have the exclusive right and obligation to use the Premises to operate the
Bookstore in the Temecula PublicLibrary, Association shall not use the Premises for any other
uses without the prior written consent of the Director.
3. Tenn. Association may utilize the Premises from the date the City issues
a certificate of occupancy for the Temecula Public Library until June 30, 2012 unless sooner
terminated pursuant to this Agreement. City may extend the term for two (2) additional five (5)
year terms, Association shall not be entitled to begin use ofthe Premises until all insurance
documents required by Section 16 ofthis License Agreement have been duly completed and are
on file with the Director.
4. Accountinl!.
a, Association shall keep complete and accurate records, in
accordance with standard and customary retail business practices, of each transaction or receipt
of revenue at the Bookstore by means of a hand written ledger or cash register receipts or
numbered receipts so as to allow accurate determination of the gross revenues, expenses and Net
Revenue from which to determine that all Net Revenues are used for the benefit of the Temecula
Valley Library, Association shall keep and secure all records relating to the Bookstore, including
but not limited to, cash register and revenue receipts, for three (3) years from end of the
Association's fiscal year in which the record was prepared, The Association's revenue accounting
procedures and documentation requirements shall be approved in writing by the City's Director
of Finance prior to commencement of possession of the Premises, Any changes in the
Association's revenue accounting procedures and documentation shall also be approved in
writing by the City's Director of Finance prior to implementation, The City may, at its discretion,
conduct annual financial and accounting reviews ofthe Bookstore operations, including audits, at
its sole cost and expense, to ensure proper accounting and compliance with the terms of this
Agreement. City may request and accept Association's financial statements in lieu of City-
conducted audit.
b, As used in this License Agreement, "Net Revenues" shall mean all
income or revenue of whatever kind and from any source received by the Association arising
from the Association's operation ofthe Bookstore, including but not limited to revenue from the
sale of merchandise at the Bookstore, less the operating expenses for the Bookstore, including
but not limited to, employee salaries and benefits, employer taxes, taxes and assessments,
insurance, business supplies, equipment, accounting and bookkeeping expenses, fixtures,
utilities, inventory expenditures, and such other customary and reasonable expenditures
necessary for the efficient functioning of a retail bookstore,
c, The President ofthe Association and the Director of Finance of the
City are authorized to enter into implementation agreements to establish accounting procedures
and further specific definitions for determining Net Revenues and other matters affecting this
License, provided the terms of such implementation agreements are not in conflict with the terms
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ofthis License,
d, Association agrees that all Net Revenues from the Bookstore shall
be used by the Association, in its discretion, to fund the Association's operating expenses, to
purchase library materials and to fund events, programs and services, for the benefit of the
Temecula Public Library, Association and Director shall work cooperatively in the planning of
such events, programs and services, Director shall approve such events, programs and services,
President ofthe Association and the Temecula Public Library Manager will meet periodically to
determine where additional Bookstore revenues may be used to support Temecula Public
Library's operations or programs,
5. Use Pennits. This Agreement is not in lieu of obtaining a Use Permit or
Outdoor Event Permit from the City for uses other than a Bookstore, Association shall procure
all permits and licenses required by the City of Temecula or other governmental entities to
conduct special events for fundraising for the Temecula Valley Library, Except as provided in
this Agreement, Association shall comply with all governmental rules, regulations, statutes,
ordinances and conditions of approval of permits, Association agrees to pay all facility use fees
applicable to its Use Permit, pursuant to such ordinances and resolutions ofthe City Council
setting fees for use of City facilities, Association may obtain a temporary Alcoholic Beverage
Control License for use ofthe Premises or Property, subject to any conditions imposed in the
ABC permit and any permits issued by the City,
6. Sponsorships/Donations
a, Association may solicit sponsorships for the Temecula Public
Library, The sponsor and terms of the sponsorship, including, without limitation, signage, shall
be approved in writing by the Director prior to the commencement ofthe sponsorship, The
Director's approval shall not be unreasonably withheld,
b, The City may solicit donations for specific events or programs, In
the event the City receives unsolicited donations for the Temecula Public Library, the City shall
hold these funds in a dedicated account for the benefit ofthe Temecula Public Library,
7. Fixtures. The Premises has been improved with certain store fixtures, all
of which are listed on Exhibit B, attached hereto and incorporated herein as though set forth in
fulL These fixtures are the property ofthe City, Association may use these fixtures, and will be
responsible for maintaining and repairing said fixtures during the period it uses the Premises,
New fixtures purchased with Association funds shall become the property ofthe City upon
termination ofthis License Agreement.
8. Use of Premises.
a, Association shall use the Premises only as a Bookstore in the
Temecula Public Library building, Association shall not interfere with the use and enjoyment of
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the portion of the Property outside the Premises,
b, Association shall be authorized to sell new and used books, audio
visual materials and other merchandise that is appropriate for a bookstore, Association agrees
that all sales of merchandise for sale in the Bookstore shall be of good quality and condition,
City retains the right to require Association to discontinue sale or use ofthose items the Director
reasonably determines the condition ofthe merchandise or services are not of good quality,
condition, or appropriateness, upon five (5) days written notice by the Director. Association
shall maintain at all times an inventory adequate to operate the Bookstore, Upon termination of
this Agreement, for any reason, all inventory and merchandise shall become the property of the
City so as to enable the Bookstore operations to continue,
9. Association Officers, Emplovees. A!!ents and Volunteers. Association
shall use its best efforts to ensure that its officers, employees, agents and volunteers conduct
themselves in a professional manner. Association shall ensure that its officers, employees,
agents and volunteers shall at all times conform to all applicable statutes, ordinances and
regulations now applicable to the Property and the operation ofthe Bookstore, including, without
limitation, the mandatory fingerprinting of all employees and volunteers, at Association's
expense, pursuant to state law, Association shall maintain a staff adequate to operate and
administer all facilities located on the Premises in a safe and orderly manner. Association shall
ensure that its employees and volunteers are properly trained to provide quality customer service
and assistance,
10. Third Partv A!!reements. Association shall not, without the express
prior written consent of the Director enter into agreements with third parties concerning, among
other things, advertising and signage at the Premises, operation of concessions, and sale of food,
beverage, and concession items at the Premises,
11. Dama!!e Provisions. Association shall pay for the repair andlor
replacement of any damaged structure, fixtures, equipment or facilities in areas occupied or used
by Association, which are damaged through any act of Association, its officers, employees,
agents, volunteers, subcontractors, and persons attending or participating in any Association
event.
12. Liens. Association shall not directly or indirectly, create or permit to be
created or to remain, and will promptly discharge, at its expense, any mortgage, lien,
encumbrance, charge, or pledge ofthe Premises or fixtures or furnishings, or any part thereof
13. Improvements. Repairs and Maintenance. Association shall make no
substantial alteration or repair to the Premises without the prior written consent of the Director,
including but not limited to carpentry, electrical, sewer, paving and painting, Association shall, at
its sole cost and expense, repair and maintain in good order the interior ofthe Premises and the
fixtures provided by the City,
14. Return of the Premises. Upon the termination ofthis Agreement,
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Association shall return the Premises in as good as condition and repair as the Premises now
exist, reasonable wear and tear excepted,
15. Indemnification. To the maximum extent permitted by law, City shall
not be liable for any loss, damages, or injury to person or property of any person occasioned by or
arising out of any act of Association or of anyone holding under Association, nor the occupancy
or use of the Premises or any part thereof by or under Association, nor directly or indirectly from
any state or condition of said Premises or any part thereof during the term of this Agreement.
Association shall defend, indemnify, protect and hold City and its officers, agents, volunteers,
and employees harmless from any and all damages arising out of any act or omission of
Association, its officers, employees, agents subcontractors, volunteers and persons attending
Association events on the Premises, except as the same may arise from the City's sole negligence,
gross negligence, recklessness, or intentional misconduct (or that of City's agents or employees),
16. Liabilitv Insurance. Association shall procure and maintain for the
duration ofthis Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the use ofthe Premises by Association, its
agents, representatives, employees or sublicensees,
a, Minimum Scope of Insurance, Coverage shall be at least as broad
as the following coverages and any updated insurance industry standard policies:
(I) Insurance Services Office Commercial General Liability
coverage provided on ISO-CGL Form No, CG 00 01 II 85 or 88,
(2) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance,
b, Minimum Limits of Insurance, Association shall maintain limits
no less than:
(I) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage, If Commercial General Liability Insurance or other
form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this projectllocation or the general aggregate limit shall be twice the required
occurrence limit. The general liability policy shall include non-owned automobile
liability insurance,
(2) 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 ofthe
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
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Association shall procure a bond guaranteeing payment oflosses and related investigations,
claim administration and defense expenses,
d, Other Insurance Provisions, The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
(I) The City, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising out of activities performed by
or on behalf ofthe Association; products and completed operations ofthe Association;
premises owned, occupied or used by the Association; or automobiles owned, leased,
hired or borrowed by the Association, 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 Association's
insurance coverage shall be primary insurance as respects the City, its officers, officials,
employees and volunteers, Any insurance or self-insured maintained by the City, its
officers, officials, employees or volunteers shall be excess of the Association's insurance
and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of
the policies including breaches of warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers,
(4) The Association'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, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City,
e, Acceptabilitv of Insurers, Insurance is to be placed with insurers
with a current AM, Best's rating of no less than A: VII, unless otherwise acceptable to the City,
f Verification of Coverage, Association shall furnish the City with
original endorsements effecting coverage required by this clause, The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf The endorsements
are to be on forms provided by the City or ISO form CG 201011 85.. All endorsements are to
be received and approved by the City before use commences, As an alternative to the City's
forms, the Association's insurer may provide complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications,
Association shall not be entitled to use the Premises until all required insurance documents are
on file with the Director.
1 1086-0090\921 168vl.doc
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g. Failure to Complv with Insurance Requirements. In the event
the Association fails to submit the required documentation for insurance to the Director within
the times required by this Agreement or the Director receives notice or is made aware of the
termination of any required insurance policy, the Director may immediately suspend
Association's right to use the Premises and shall cause a notice of default to be issued to the
Association.
17. Assi!!llment and Sublettinl!. Association shall not assign its interest in
this Agreement or in the Premises to any person or entity without first obtaining the Director's
written consent. Any assignment or sublicense without the Director's prior written consent shall
be voidable and, at the Director's election, shall constitute a default.
18. Default and Ril!ht to Terminate.
a. This Agreement may be terminated by either party, for any reason,
with or without cause, by providing forty-five (45) days prior written notice of termination to the
other party.
b. If Association should fail to perform, keep or observe any ofthe
terms, conditions or covenants as set forth in this Agreement, City shall give Association notice
to correct the failure within said thirty (30) days, and if such action is not cured by Association
within thirty (30) day period, Association shall be in default of this Agreement and Association's
rights hereunder shall at the option ofthe City, be terminated and forfeited. Such election to
terminate shall not be construed as a waiver of any claim the City may have against Association,
consistent with such termination. If, however, any failure is of such nature that it cannot be
physically remedied within thirty (30) days, except for the payment of money, and if Association
shall have commenced the elimination of such failure promptly after the receipt of such notice,
and shall continuously and diligently proceed in good faith to eliminate such default, then the
period for correction shall be extended for such length of time as is reasonably necessary to
complete such correction. The failure of Association to fund the necessary corrections shall not
justify an extension of the time to cure beyond the initial 30 day period.
c. Upon any termination of this Agreement, Association covenants
and agrees to surrender and to forfeit this Agreement, and deliver up the Premises peaceably to
the City immediately upon any such termination. If said Association shall remain in possession
of said Premises after any termination ofthis Agreement, Association shall be deemed guilty of
an unlawful detention of the Premises.
d. Notwithstanding any other provision of this Agreement to the
contrary, the City shall not be deemed to be in default until thirty (30) days after notice of default
is given by the Association to the City. If such default cannot be cured within such thirty day
period, the City shall not be deemed to be in default provided that, within such thirty (30) day
period, the City shall commence and thereafter diligently prosecute efforts to cure the default.
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19. Le!!al Remedies. Each party shall have all remedies as may be allowed by
law or equity to enforce its rights in this Agreement. No legal action shall be filed by one party
against the other party until such time as the other party has received the notice of default as
provided in this Agreement. Any such action shall be filed in Riverside County, California. The
prevailing party in a court action shall be entitled to reasonable attorney's fees and costs.
20. Use Restrictions. Association agrees to maintain the Premises in a clean
and neat condition, free and clear of garbage and debris. No dumping, storage of hazardous or
toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. No
rights across any contiguous parcels are granted by this Agreement and Association agrees to
secure all such required access at its sole cost and expense.
21. Utilities and Maintenance. City shall pay for electric, telephone, gas,
trash and water service for the Premises. City shall be responsible and pay for the cleaning ofthe
Premises.
22. Covenants for Non-Discrimination. The Association covenants by and
for itself and any successors in interest that there shall be no discrimination against or
segregation of any person or group of persons on account of race, color, creed, religion, sex,
marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment ofthe Premises, nor shall the Association itself or any person
claiming under or through it establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of tenants, les-
sees, subtenants, sublessees or vendees of the Premises.
23. Taxes; Assessments. Association shall pay when due all applicable
federal, state, or local taxes, fees, charges, or assessments arising from Association's use of the
Premises or operations upon the Premises, including, but not limited to, any possessory interest
tax which may be imposed upon Association's use of the Premises.
24. Notice. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service,
(ii) delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of
the party as set forth below or at any other address as that party may later designate by Notice:
City:
City of Temecula
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
Attention: Director of Community Services
1 1086-0090\921 168vl.doc
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Association:
Friends ofthe Temecula Library
P.O. Box 817
Temecula, CA 92593
Attention: President
25. Entire A!!reement This Agreement, and the documents attached hereto
or mentioned herein, contain all of the agreements ofthe Parties hereto with respect to any matter
covered or mentioned in this Agreement, and no prior agreement or understanding pertaining to
any such matter shall be effective for any purpose.
26. Amendments. No provision ofthis Agreement may be amended or added
to except by an agreement in writing, duly approved by the City Council and the Board of
Directors ofthe Association.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
ofthe date first written above.
CITY OF TEMECULA
Ron Roberts
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
1 1086-0090\921 168vl.doc
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FRIENDS OF THE TEMECULA VALLEY
LIBRARY, INC., a California Non-Profit
Corporation
By:
Name:
Title:
By:
Name:
Title:
1 1086-0090\921 168vl.doc
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Grace Mellman
President
Stanlev Williams
Vice President
EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION OF PREMISES
Temecula Public Library
30600 Pauba Road
Temecula, CA 92592
1 1086-0090\921 168vl.doc
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EXHIBIT B
BOOKSTORE FIXTURES SUPPLIED BY CITY
1 - HP dc 7600 Ultra Slim Desktop PC
1 - License of Microsoft Office XP
1 - Community Services Director Parker 1320 or equivalent B/W laser printer
1 - Shoretel OP530 black desk phone
1 - Brodart square patron table
2 - Brodart wooden chairs
2 - Hermann Miller Mira chairs
2 - Tackable board
1 - 6-foot Mity Lite table
2 - Flat-shelf book truck
1 - Slanting-shelf book truck
1 - Hand truck
1 - Wood and glass display case
6 - 4shelf Yamada stack shelving units
11 - 7 -shelf storage and sorting wall units
ITEM NO.7
Approvals
City Attorney
Director of Finance
City Manager
IM<~
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
December 12, 2006
SUBJECT:
Donation of Artwork at the Temecula Public Library
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION: That the City Council approve an agreement with the Friends of the
Temecula Library for the donation of commissioned artwork for display at the Temecula Public
Library.
BACKGROUND: The Friends of the Temecula Library (Friends) is a local non-profit
organization that exists to promote the local libraries and encourage use of the libraries and reading
by all citizens. The Friends were instrumental in funding-raising for the current county branch library
within Temecula and have worked diligently in the planning and design of the new Temecula Public
Library scheduled to open in the near future.
The Friends also pledged to raise at least $250,000 from their capital campaign for the new library.
Through their fund-raising efforts, the Friends developed a plan to commission a large, one-of-a-
kind fused glass art piece comprised of several individual panels and tiles. The panels and tiles
were offered to supporters for specific donation amounts. The revenue collected from the donations
will be used to pay the artist for the artwork with the additional funds raised to be given to the City as
part of the fund-raising effort for the library. In addition, the artwork is to be donated to the City for
display in the entry of the new Temecula Public Library.
The proposed agreement between the City and the Friends provides for the donation of the artwork,
known as "IMAGINATION", to the City as the sole and exclusive owner of the art. In exchange, the
City agrees to display the artwork at the location in the Temecula Public Library as agreed to
between the City and the Friends.
A separate agreement exists between the Friends and the artist which provides for the clear transfer
of ownership rights in the artwork, its use and reproduction to the Friends. This provides the needed
mechanism for the Friends to now transfer their ownership rights to the City.
The City has worked with the artist in the selection of an appropriate location for the artwork at the
library. As part of the construction, the City has provided the frame for the art piece and the artist
will be responsible for its installation of the artwork and lighting prior to the grand opening of the
Temecula Public Library.
Because the artwork was obtained through fund raising efforts and donors to the artwork were
assured that the art piece would be displayed in the new library, the agreement provides that the
City will not alter or remove the artwork without the Friends written agreement. It further provides
that in the eventthatthe artwork is damaged, the Friends shall have 90 days to repair the artwork. If
the Friends are unable or choose not to repair the artwork, City may, at its sole discretion, alter,
repair or remove the artwork.
FISCAL IMPACT: There is no fiscal impact to the City as a result of the commissioning
and payment for the artwork. The City will be the sole and exclusive recipient of a valuable piece of
artwork and of the pledged funds in the amount of $250,000 raised by the Friends through their
capital campaign on behalf of the Temecula Public Library.
ATTACHMENTS:
Agreement between the City of Temecula and the Friends of the
Temecula Library
AN AGREEMENT BETWEEN THE CITY OF
TEMECULA AND THE FRIENDS OF THE
TEMECULA LIBRARY FOR THE ASSIGNMENT
OF ALL RIGHTS IN ARTWORK
COMMISSIONED FOR THE TEMECULA
PUBLIC LIBRARY
This assignment of artwork agreement (the "Agreement"), effective December 12, 2006
("effective date") is between the City of Temecula ("City") and Friends of the Temecula Library
("Donor")
RECITALS
A. Donor is the sole and exclusive owner of a piece of artwork ("Artwork") entitled
"IMAGINATION" and created and designed by Vikki Sylva ("Artist"). The Artwork is an 18
foot long brilliantly colored mural consisting of seven (7) fused glass panels surrounded by 57 -
nine (9) inch square fused glass tiles depicting all that is imaginable in our universe. The
Artwork is depicted in Exhibit A.
B. Donor desires to donate to the City, free of charge, a work of art to be placed in
the new Library which will enhance the physical beauty of the new Library and contribute to the
appreciation of arts within the City of Temecula.
C. Pursuant to Government Code Sections 37354 and 37355, the City may accept
such a gift under the terms and conditions prescribed in this Agreement.
D. The City will gratefully accept the Artwork when completed and recognize the
generosity ofthe Friends and the talent ofthe Artist.
E. The City is hereby made an express beneficiary ofthis Agreement.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual promises
and undertakings contained herein and for other good and valuable consideration, the adequacy
of which is hereby acknowledged, the parties, each intending to be legally bound, hereby
promise and mutually agree as follows:
Section l. Assignment. Donor hereby irrevocably and unconditionally donates,
transfers and assigns, subject to the provisions of Section 5 ofthis Agreement and free of charge,
all rights, title and interest in the Artwork to the City.
Section 2. Acceptance. Pursuant to Government Code Section 37354, City hereby
accepts the donation ofthe Artwork upon its delivery to the City.
Section 3. Recognition of Donation. City gratefully accepts the donation of the
Artwork and agrees to recognize the generosity of Donor by installing a plaque at the base of the
Artwork.
I
11086\0090\812742-1
Section 4. Ownership Rights. Any and all rights in and to the Artwork are hereby
reserved by City. Donor acknowledges City's exclusive rights in the Artwork and further
acknowledges that the Artwork is unique and original and that City is the owner thereof. Donor
agrees that the Artwork is, and shall remain, the property of City and that Donor obtains no right,
title, or interest in or to the Artwork, except as set forth in this Agreement. Donor waives all
claim of and to ownership of any rights in the Artwork and agrees that it shall not at any time
dispute or contest, directly or indirectly, City's ownership of the Artwork, City's exclusive right
and title to the Artwork and right to use the Artwork, or the validity of the Artwork, nor shall
Donor assist others in doing so.
Section 5. Displav of Artwork. City agrees to and shall display the Artwork at the
location in the new Library as agreed to between the City and Donor. City shall not alter or
remove the Artwork without the written agreement of the Donor, except as set forth in this
section. If the artwork is damaged, City shall give Donor written notice to repair the Artwork,
which notice shall give the Donor a time limit within which to repair the Artwork, which time
limit shall be at least ninety (90) days. If Donor does not repair the Artwork within the time limit
given by City, then Donor's rights under this section shall be terminated, and thereafter City, at
City's sole option, may alter, repair or remove the Artwork.
Section 6. Indemnification. Donor represents and warrants that Donor is the lawful
owner of the Artwork and that no claim or controversy exists as to Donor's right, title and
interest to the Artwork and that Donor has the legal authority to transfer title to the Artwork to
the City. To the full extent authorized by law, Donor shall defend, indemnify and hold harmless
the City, its City Council and each member thereof, and every officer, employee, attorney,
representative and agent of the City from any and all claims relating to the ownership of the
Artwork, including, but not limited to, all claims, losses, damages, causes of action, liabilities,
costs and expenses or actions by creditors of Donor and others claiming any right, title or interest
in the donated Artwork. Said indemnification shall include but not be limited to all costs and
expenses required to perfect title to the donated Artwork including attorney fees and costs.
Section 6. Cooperation. Donor, at its sole cost and expense, will cooperate fully and
in good faith with the City for the purpose of securing, preserving and protecting the City's rights
in and to the Artwork.
Section 7. Entire Agreement. This Agreement constitutes the entire agreement and
understanding of the parties with respect to the subj ect matter hereof, and supersedes all previous
negotiations and agreements, oral or written, with respect thereto. No representation, promise,
inducement, statement or intention has been made by any parties hereto that is not embodied
herein, and no party shall be bound or liable for any alleged representation, promise, inducement,
or statement not set forth herein. There are no representations, warranties, promises, covenants
or understandings other than those contained herein.
Section 8. Modifications. This Agreement may be modified, amended, superseded,
or cancelled only by a written instrument signed by both of the parties hereto, and any of the
terms, covenants, representations, warranties or conditions hereto may be waived only by a
written instrument executed by the party to be bound by any such waiver.
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11086\0090\812742-1
Section 9. Attornevs' Fees. In the event of any dispute between the parties hereto
arising out of the subject matter of this Agreement, the out-of-pocket costs, expenses, and
reasonable attorneys' fees of the prevailing party incurred in resolving, settling or litigating the
dispute shall be paid by the losing party in addition to any other relief or damages to which the
prevailing party may be entitled.
Section 10. Jurisdiction and Disputes. The laws ofthe State of California shall govern
this Agreement. All disputes under this Agreement shall be resolved by the courts of the State of
California, including the United States District Court for the Central District of California, and
the parties consent to the jurisdiction of such courts, agree to accept service of process by mail,
and hereby waive any jurisdiction or venue defenses otherwise available to them.
Section II. Third Parties. The City shall not be obligated or liable under this
Agreement to any third parties under this Agreement.
Section 12. Notices. All notices, requests, demands and other communications
hereunder shall be in writing and shall be deemed given (i) if delivered personally or sent by
facsimile transmission (confirmed electronically), on the date given, (ii) if delivered by a courier
express delivery service, on the date of delivery, or (iii) if by certified or registered mail, postage
prepaid, return receipt requested, seven (7) days after mailing, to the parties addressed as
follows, or to such other addresses as such party may designate by written notice in the manner
provided herein:
Ifto City: City of Temecula
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
Attention: Herman Parker
Director of Community Services
Attention: Director of Community Services
Copy to: Peter M. Thorson, City Attorney
City of Temecula
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
Ifto Donor: To Friends: Friends ofthe Temecula Library
c/o Grace Mellman, President
P.O. Box 817
Temecula, CA 92593
OR
Friends ofthe Temecula Library
c/o Grace Mellman, President
36500 De Portola Road
Temecula, CA 92592
3
11086\0090\812742-1
Section 13. Non-Waiver. The waiver, express or implied, by any ofthe parties hereto
of any right hereunder or with respect to any failure to perform or breach hereof by the other
party hereto, shall not constitute or be deemed a waiver of any other right hereunder or of any
other failure to perform or breach hereof by any such other party hereto, whether of a similar or
dissimilar nature thereto.
Section 14. No Agencv or Joint Venture. The parties hereto understand and agree that
this Agreement does not make them an agent or legal representative of each other for any
purpose whatsoever, and that no partnership, franchise or joint venture is intended to be created
hereby. No party hereto is granted, by this Agreement or otherwise, any right or authority to
assume or create any obligation or responsibility, express or implied, on behalf of or in the name
ofthe other party hereto, or to bind the other party hereto in any manner whatsoever.
Section 15. Authoritv. Each party hereto represents and warrants that its execution,
delivery and performance of this Agreement has been duly and validly authorized, and that this
Agreement is binding upon and enforceable against such party in accordance with the terms
hereof.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
each caused this Agreement to be signed in its name by a duly authorized officer or
representative thereof.
CITY OF TEMECULA
Ron Roberts
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
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11086\0090\812742-1
FRIENDS OF THE TEMECULA VALLEY
LIBRARY, INC., a California Non-Profit
Corporation
By:
Name:
Title:
By:
Name:
Title:
11086\0090\812742-1
Grace Mellman
President
Michael Shirlev
Treasurer
5
EXHIBIT A
Depiction of Artwork
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11086\0090\812742-1
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ITEM NO.8
Approvals
City Attorney
Director of Finance
City Manager
V
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G\:l..-
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
December 12, 2006
SUBJECT:
Concession Agreement with European Cafe
PREPARED BY:
Martin Betz, Cultural Arts Administrator
RECOMMENDATION: That the Board of Directors approve an agreement with European
Cafe to provide concession services at the Old Town Temecula Community Theater and the
Temecula Public Library.
BACKGROUND: On July 10, 2006 the City of Temecula released a Request for
Proposal (RFP), soliciting proposals from concessionaires for the operation of two coffee carts at
City facilities; the Old Town Temecula Community Theater and the Temecula Public Library. The
RFP outlined the needed services at these facilities to include menu development, food, coffee and
other beverage service, and staffing and management of the carts.
Staff received and reviewed three proposals from qualified concessionaires. The top two ranked
firms were invited to participate in an interview process. Based upon experience, menu offerings
and proposed hours of operation, European Cafe was ranked as the number one firm to offer
concession services at the City's two locations. It is anticipated that European Cafe will provide food
and beverage services at the Temecula Public Library from 10:00am-5:00pm Monday through
Saturday. They will offer the same services at the Old Town Temecula Community Theater prior to
and during intermissions for ticketed performances. The vendor will be responsible for all set up,
clean up and operational maintenance of the coffee carts. The carts will remain the property of the
City.
FISCAL IMPACT: Annual revenues to the City from the operations of the two coffee carts atthe
library and theater are estimated to be $35,000 and $21,000, respectively.
ATTACHMENTS:
Professional Services Agreement.
FOOD AND BEVERAGE SALES AGREEMENT BETWEEN
CITY OF TEMECULA AND EUROPEAN CAFE, INC. FOR
THE TEMECULA PUBLIC LIBRARY AND THE OLD
TOWN TEMECULA COMMUNITY THEATER
THIS AGREEMENT is made and effective as of December 12, 2006, between
the City of Temecula, a municipal corporation ("City") and European Cafe, Inc., a California
corporation ("Concessionaire"). In consideration ofthe mutual covenants and conditions set
forth herein, the parties agree as follows:
1. RECIT ALSo This Agreement is made with respect to the following facts
and for the following purposes, which each of the parties acknowledge to be true and correct:
a. The City has constructed and operates the Old Town Temecula
Community Theater. It has also constructed and has an operating agreement with the County of
Riverside to operate the City of Temecula Public Library.
b. City circulated a request for proposal for the food concession at the
library and the theater, and following receipt and evaluation ofthe responses, selected a
Concessionaire to provide high quality food and beverage services for both venues.
d. City desires to have a Concessionaire, and Concessionaire desires,
to provide for the sale of high quality food and beverages at the library and theater from Food
Concession carts located in the facilities.
2. Defmitions. As used in this Agreement the following words and phrases
shall be defined as follows:
a. "City Supplied Equipment" shall mean the equipment provided by
the City for the operation ofthe food and beverage sales operation as described in Exhibit B, City
Supplied Equipment.
b. "Concessionaire Supplied Equipment" shall mean such equipment
as is necessary for the providing of food and beverage sales as required by this Agreement,
except for the City Supplied Equipment.
c. "Director" shall mean the Director of Community Services ofthe
City of Temecula or his or her designee.
d. "Director of Finance" shall mean the Director of Finance of the
City of Temecula or his or her designee.
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11086/0001/892183.4
e. "Food Concession area" shall mean the equipment designated as
the food concession cart which is described and depicted in Exhibit A, Food Concession Area.
f. "Gross Revenue" shall mean all the money or other things of value
received by or owed to Concessionaire for the food and beverages sold pursuant to this
Agreement prior to payment of expenses.
g. "Library" shall mean the Temecula Public Library, located at
63600 Pauba Road Temecula, California.
h. "TCSD" shall mean the Temecula Community Services District.
i. "Theater" shall mean Old Town Temecula Community Theater,
located at 42051 Main Street, Temecula, California.
J. "Concession" Shall mean sale of food and beverage directly to the
consumer.
k. "Caterer" Shall mean to provide food and beverage under contract
with the City of Temecula or other facility user.
3. EXCLUSIVE AGREEMENT FOR FOOD AND BEVERAGE SALES
AT FOOD CONCESSION AREA. Concessionaire shall have an exclusive agreement to
provide for the sale of high quality food and beverages from the Food Concession Cart to patrons
ofthe Library and Theater and members ofthe public in accordance with the terms ofthis
Agreement. The City reserves and facility users reserve the right to contract with other food
vendors in areas ofthe Library and Theater outside ofthe Food Concession Area for special
events. The City shall provide notice of each Special Event to the Concessionaire two (2) weeks
prior to each Event.
4. MAINTENANCE OF EQUIPMENT AND PHYSICAL PLANT OF
FOOD CONCESSION AREA
a. The City shall provide equipment for the operation ofthe food and
beverage sales operation as described in Exhibit B, City Supplied Equipment ("City
Equipment"). City shall maintain the City Supplied Equipment in good working order and
replace such items ofthe City Supplied Equipment when the equipment cannot be repaired;
provided, however, Concessionaire shall be responsible for the repair or replacement of City
Supplied Equipment damaged or destroyed by the negligent or willful acts of Concessionaire or
its employees or agents, excepting normal wear and tear. Concessionaire shall clean the City
Supplied Equipment in accordance with applicable law and standard commercial food handling
practices.
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11086/0001/892183.4
b. Concessionaire shall provide such equipment as is necessary for
the providing of food and beverage sales as required by this Agreement, except for the City
Supplied Equipment ("Concessionaire Supplied Equipment"). At the termination or expiration
ofthis Agreement, the City shall have the option, but not the obligation, to purchase the
Concessionaire Supplied Equipment at its then fair market value.
c. City shall arrange for and be responsible for the timely payment of
electricity, water, gas, security system and exterior pest control for the Food Concession Area.
d. All signage for the Concessionaire's food and beverage operation
at the Food Concession Area, including sign content, shall be approved in writing by the Director
prior to placement.
5. FOOD AND BEVERAGE SALES OPERATIONAL
REQUIREMENTS. In performing the services required by this Agreement, Concessionaire
shall comply with the following operational requirements:
a. Concessionaire shall provide food and beverages at the Food
Concession Area during the following hours: Theater (I) I hour prior to an event through
Intermission and Yz hour following the event Additional hours shall be provided upon the prior
written approval ofthe Concessionaire and the Director. A calendar of events will be provided
on a bi-monthly basis. Library (2) Monday through Friday 10:00am -5:00pm, Saturday and
Sunday I :OOpm -5:00pm. Director shall approve any changes to the hours of operation.
b. Prior to commencement ofthe sales from the Food Concession
Area and not less than calendar quarter thereafter the Director shall review and, after consulting
with Concessionaire, approve the menus and quality of offerings for the Theater and Library
operations. Concessionaire shall not sell any items from the Food Concession Area without the
prior written consent of the Director.
c. Director shall approve in writing the food and beverage price lists,
which approvals shall not be unreasonably withheld. Concessionaire's prices for food and
beverages shall not exceed the prices on this approved list.
d. Concessionaire shall at all times faithfully, competently and to the
best of its ability, experience and talent, perform all services described herein. Concessionaire
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar high quality food and beverage services as are required of
Concessionaire in meeting its obligations under this Agreement.
e. As ofthe date ofthis Agreement, the Riverside County Health
Department is requiring the City to obtain all applicable health permits and licenses as the owner
ofthe facility in which the food and beverages services described in this Agreement will be
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11086/0001/892183.4
conducted. City shall obtain such permits and license. Concessionaire shall cooperate with the
City in providing information which might be required to obtain such permits and licenses.
Concessionaire shall operate and manage the food and beverage services described in this
Agreement in full compliance with the terms of such permits and licenses and with any changes
or modifications to said permits and licenses. To the extent the laws, regulations or opinions of
the Riverside Health Department may change, Concessionaire shall obtain such permits and
licenses as required by applicable laws and regulations.
f. Concessionaire shall at its own cost and expense procure and keep
in force during the term ofthis Agreement all necessary permits and licenses and shall require
any subcontractors to have all necessary permits and licenses during the course of the term of the
Agreement, including, without limitation: (l) City of Temecula business license; (2) County of
Riverside Health Department food handler permits; and (3) California State Board of
Equalization sellers permit.
g. Concessionaire shall be responsible for the payment of all
applicable taxes for products or services under its control, including without limitation, any
possessory interest tax which might be imposed, and for the maintenance of appropriate records
showing payment oftaxes. Concessionaire shall pay and discharge before delinquency all taxes
and assessments, if any, which may be levied during the term ofthe Agreement as a result of
Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against
City's property during the term ofthis Agreement.
h. Employees of Concessionaire shall at all times be neatly and
cleanly uniformed at no expense to City. The style and colors of uniforms for employees shall be
approved by the Director.
i. Concessionaire shall train and closely supervise all employees so
that they are aware of and continually practice high standards of cleanliness, courtesy and
service. Concessionaire's employees shall follow all applicable sanitary practices, rules and
requirements governing restaurant employees. Concessionaire's employees shall at all times
reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated
by the City. The City shall provide written notice regarding any unkempt and unclean employees
to the Concessionaire.
j. Concessionaire's employees shall not, either by act or language,
offend or disturb patrons of normal sensitivity during the course of providing services at the
Library and Theater. Concessionaire's employees shall not interfere with a program or special
event presented at the Library or Theater. The Director shall be the sole judge in the
determination of such matters.
k. To the extent required by law, Concessionaire's employees shall be
fingerprinted and undergo the State required background check for working in a public facility.
1. Concessionaire shall provide an adequate number of personnel to
properly service and attend to the patrons.
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m. Concessionaire shall respond promptly to all complaints from
patrons and shall report to City on each complaint and the resolution thereof. If City believes a
complaint to be of a serious nature, City shall notify Concessionaire in writing. Concessionaire
shall respond to such notification within four (4) calendar days.
n. Notless than once each calendar month during the first year of the
term ofthis Agreement, the Director and Concessionaire shall meet to discuss the operation of
the food and beverage services and the financial viability ofthe operation.
o. All promotions with other food vendors or any subcontracts shall
be approved in advance and in writing by the Director.
p. Concessionaire shall allow City Staff access to the Food
Concession area as necessary or convenient to the City to insure compliance with the terms of
this Agreement.
6. TERM.
a. This Agreement shall commence on December!, 2006 and shall
remain and continue in effect until June 30, 2008, unless sooner terminated or extended pursuant
to the provisions of this Agreement. City shall have the right to extend this Agreement for two
one (I) year periods with the first beginning on July I, 2008 and the second beginning on July I,
2009. City shall exercise its option to extend the Agreement on or before April I of the year of
expiration.
7. PAYMENT TO THE CITY.
a. Concessionaire shall sell its food and beverages to patrons of the
Library and Theater and members ofthe public from the Food Concession Area. City shall not
be required to payor otherwise compensate Concessionaire for providing food and beverage
services at the Library and Theater.
b. For the privilege of operating the Food Concession Area pursuant
to the terms of this Agreement, Concessionaire shall pay to the City ten percent (10%) ofthe
Gross Revenues of the Concessionaire from its sales pursuant to this Agreement. Said sum shall
be paid to the City within ten (10) calendar days following the end of each calendar quarterly.
c. As used in this Agreement, "Gross Revenue" shall mean all the
money or other things of value received by or owed to Concessionaire for the food and beverages
sold pursuant to this Agreement prior to payment of expenses; provided, however, sales taxes
pursuant to Section 7200 et seq. ofthe Revenue and Taxation Code shall not be included in
Gross Revenues.
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11086/0001/892183.4
d. Concessionaire shall maintain a system of books and records in
accordance with generally accepted accounting principles showing all Concessionaires' revenues
received in connection with the sales of food and beverages pursuant to this Agreement. The
Director of Finance shall review and approve the system of books and records and shall be
authorized to require the preparation and maintenance of additional accounting records and
reports. Said records shall be kept for not less than three (3) years after the expiration ofthe term
ofthis Agreement and any extensions thereof. City and its authorized agents may inspect or audit
such books and records at any time during regular business hours upon one (I) business day's
notice. If a City audit uncovers an underreporting of Gross Revenues in the amount of five
percent (5%) or more during a one year period, Concessionaire shall pay the City's costs in
performing the audit.
8. TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause,
terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least
ninety (45) calendar days prior written notice. Upon receipt of said notice, the Concessionaire
shall continue to provide the services required by this Agreement, unless the notice provides
otherwise.
b. Concessionaire may at any time, for any reason, with or without
cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the City at
least ninety (45) calendar days prior written notice. Upon receipt of said notice, the
Concessionaire shall continue to provide the services required by this Agreement, unless the
Director otherwise agrees in writing.
c. In the event this Agreement is terminated pursuant to this Section,
the Concessionaire shall pay to the City the amounts which may be due to the City under this
Agreement through the time oftermination.
9. DEFAULT OF CONCESSIONAIRE.
a. Concessionaire's failure to comply with the provisions ofthis
Agreement shall constitute a default.
b. If the Director determines that Concessionaire is in default in the
performance of any of the terms or conditions of this Agreement, he or she shall serve the
Concessionaire with written notice of the default. Concessionaire shall have (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Concessionaire fails to cure its default within such period of
time, the City shall have the right, notwithstanding any other provision ofthis Agreement, to
terminate or suspend this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
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11086/0001/892183.4
c. In the event the Director determines that Concessionaire's default
poses an immediate risk to the health or safety of patrons of the park, the Food Concession
Facility or the public, he may suspend the Agreement without prior written notice to
Concessionaire. Upon such immediate suspension, the Director shall initiate the default
procedures set forth in this Section.
d. The City and Concessionaire agree that waiver by the City or
Concessionaire of any breach or violation of any term or condition of this Agreement shall not be
deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent
breach or violation of the same or any other term or condition.
10. INDEMNIFICATION. Concessionaire agrees to defend, indemnify,
protect and hold harmless the City, Temecula Community Services District ("TCSD"), their
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or
liability of any kind or nature which the City or TCSD may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of
Concessionaire's negligent or wrongful acts or omissions arising out of or in any way related to
the performance or non-performance ofthis Agreement, excepting only liability arising out ofthe
negligence of the City, TCSD, their officers, officials, agents, employees and volunteers.
11. INSURANCE REQUIREMENTS. Concessionaire shall procure and
maintain for the duration ofthe contract insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by the Concessionaire, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
(l) Insurance Services Office Commercial General Liability form
No. CG 0001 II 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 0 I
0692 covering Automobile Liability, code I (any auto). If the
Concessionaire owns no automobiles, a non-owned auto
endorsement to the General Liability policy described above is
acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
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11086/0001/892183.4
b.
limits no less than:
Minimum Limits of Insurance. Concessionaire shall maintain
(I)
General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident
for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the Director of Finance. At the
option of the Director of Finance, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, TCSD, their officers, officials,
agents, employees or volunteers; or the Concessionaire shall procure a bond guaranteeing
payment oflosses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
(I) The City, the TCSD, their officers, officials, agents, employees and
volunteers are to be covered as insured's as respects: liability
arising out of activities performed by or on behalf of the
Concessionaire; products and completed operations ofthe
Concessionaire; premises owned, occupied or used by the
Concessionaire; or automobiles owned, leased, hired or borrowed
by the Concessionaire. The coverage shall contain no special
limitations on the scope of protection afforded to the City, TCSD,
their officers, officials, agents, employees or volunteers.
(2) For any claims related to this Agreement, the Concessionaire's
insurance coverage shall be primary insurance as respects the City,
TCSD, their officers, officials, employees and volunteers. Any
insurance or self-insured maintained by the City, TCSD, their
officers, officials, agents, employees or volunteers shall be excess
ofthe Concessionaire's insurance and shall not contribute with it.
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11086/0001/892183.4
(3) Any failure to comply with reporting or other provisions ofthe
policies including breaches of warranties shall not affect coverage
provided to the City, TCSD, their officers, officials, agents,
employees or volunteers.
(4) The Concessionaire's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits ofthe insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the
City. Self insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Concessionaire shall furnish the City
with original endorsements effecting coverage required by this clause. The endorsements
are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City. All endorsements are to be
received and approved by the City before work commences. As an alternative to the
City's forms, the Concessionaire's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by
these specifications.
12. INDEPENDENT CONTRACTOR
a. Concessionaire is and shall at all times remain as to the City a
wholly independent Contractor. The personnel performing the services under this Agreement on
behalf of Concessionaire shall at all times be under Concessionaire's exclusive direction and
control. Neither City nor any of its officers, employees, agents, or volunteers shall have control
over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents
except as set forth in this Agreement. Concessionaire shall not at any time or in any manner
represent that it or any of its officers, employees or agents are in any manner officers, employees
or agents ofthe City. Concessionaire shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Concessionaire in
connection with the performance ofthis Agreement. Except for the rights of Concessionaire as
provided in the Agreement, City shall not pay salaries, wages, or other compensation to
Concessionaire for performing services hereunder for City. City shall not be liable for
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11086/0001/892183.4
compensation or indemnification to Concessionaire for injury or sickness arising out of
performing services hereunder.
13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself
informed of all applicable local, State and Federal laws, ordinances, and regulations which in
any manner affect those employed by it or in any way affect the performance of its obligations
pursuant to this Agreement. Concessionaire shall at all times observe and comply with all such
ordinances, laws and regulations. The City, and its officers and employees, shall not be liable
for any failure ofthe Concessionaire to comply with this section.
14. RELEASE OF INFORMATION.
a. All information gained by Concessionaire in performance ofthis
Agreement shall be considered confidential and shall not be released by Concessionaire without
City's prior written authorization. Concessionaire, its officers, employees, agents or
subcontractors, shall not without written authorization from the Director or unless requested by
the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement or relating to any proj ect or property located within the City. Response to a subpoena
or court order shall not be considered "voluntary" provided Concessionaire gives City notice of
such court order or subpoena.
b. Concessionaire shall promptly notify City should Concessionaire, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the work
performed there under or with respect to any project or property located within the City. City
retains the right be present at any deposition, hearing or similar proceeding. Concessionaire
agrees to cooperate fully with City and to provide City with the opportunity to review any
response to discovery requests provided by Concessionaire. However, City's right to review any
such response does not imply or mean the right or obligation by City to control, direct, or rewrite
said response.
15. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service,
(ii) delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of
the party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business
day following deposit with the document delivery service or United States Mail as provided
above.
10
11086/0001/892183.4
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: Director of Community Services
To Concessionaire:
European Cafe Inc.
28410 Old Town Front Street
Temecula, California 92590
Attention: President
16. ASSIGNMENT. Due to the special services being performed by
Concessionaire pursuant to this Agreement, and the importance of providing quality food and
beverage services, Concessionaire shall not assign the performance of this Agreement, nor any
part thereof, nor any monies due hereunder, without prior written consent ofthe Director.
17. GOVERNING LAW; LITIGATION. The City and Concessionaire
understand and agree that the laws ofthe State of California shall govern the rights, obligations,
duties and liabilities ofthe parties to this Agreement and also govern the interpretation ofthis
Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior,
or federal district court with geographic jurisdiction over the City of Temecula. In the event such
litigation is filed by one party against the other to enforce its rights under this Agreement, the
revailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney
fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee ofthe City of
Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds
thereof, the Concessionaire, or Concessionaire's sub-contractors, during his/her tenure or for one
year thereafter. The Concessionaire hereby warrants and represents to the City that no officer or
employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business ofthe Concessionaire or
Concessionaire's sub-contractors for the services to be provided under this Agreement.
Concessionaire further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations ofthe parties described in this
Agreement. All prior or contemporaneous agreements, understandings, representations and
II
11086/0001/892183.4
statements, oral or written, are merged into this Agreement and shall be of no further force or
effect. Each party is entering into this Agreement based solely upon the representations set forth
herein and upon each party's own independent investigation of any and all facts such party deems
material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or
persons executing this Agreement on behalf of Concessionaire warrants and represents that he or
she has the authority to execute this Agreement on behalf of Concessionaire and has the authority
to bind Concessionaire to the performance of its obligations hereunder.
21. EXHIBITS. The following Exhibits are attached to this Agreement and
incorporated herein as though set forth in full:
a.
Exhibit A
Description of Food Concession Area
b.
Exhibit B
City Supplied Equipment
1/1/
1/1/
12
11086/0001/892183.4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
13
11086/0001/892183.4
CONCESSIONAIRE
European Cafe
Countryside Gourmet Catering
28410 Old Town Front Street #112
Temecula, CA 92590
(951) 695-0669
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
14
11086/0001/892183.4
EXHIBIT A
DESCRIPTION OF FOOD CONCESSION AREA
The Old Town Temecula Community Theater.
l. An 8 foot Van San Concession Cart located in the courtyard between the
Mercantile and Auditorium complex.
2. Storage area located in original concession area behind the mercantile
building.
The Temecula City Library
I. An 8 foot Van San Concession Cart to be located in the sitting area in the
North West corner ofthe main room.
15
11086/0001/892183.4
EXHIBIT B
CITY SUPPLIED EQUIPMENT
I. The city will supply two Van San 8 foot Concession Carts.
Each cart is equipped with a built-in refrigerator unit, an ice dispenser, and a MSU unit for the
removal of waste water.
16
11086/0001/892183.4
ITEM NO.9
Approvals
City Attorney
Director of Finance
City Manager
f)I-.('"
liJ2
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
December 12, 2006
SUBJECT:
Tract Map No. 33124, Located East of Pechange Parkway within the Wolf Creek
Specific Plan
PREPARED BY:
Chris White, Assistant Engineer - Land Development
RECOMMENDATION: That the City Council approve 1) Tract Map No. 33124 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: Tract Map No. 33124 is an eighty nine (89) lot subdivision located at
East of Pechanga Parkway and West of Wolf Creek Drive S. within the Wolf Creek Specific Plan
No. 12. The map contains eighty nine (89) lots for a residential development project. Certain street
improvements associated with the development of this map are required. The survey monuments
are required to be set.
Tract Map No. 33124 is located within Tract 29305 of the Wolf Creek Specific Plan No. 12. As part
of Specific Plan, Tract Map No. 33124 is subjectto all Specific Plan Amendments and Agreements.
On January 23, 2001 the City Council approved Tentative Tract Map 29305, on December 16, 2003
the City Council approved Final Map 29305-1.
The owners of the property:
Woodside Wolf Creek 77, Inc., A California Limited Liability Company has met all of the Conditions
of Approval. This final map is in conformance with the approved tentative tract map. The approval of
a final subdivision map, which substantially complies with the approved tentative map, is a
mandatory ministerial act under State Law.
The site is currently vacant.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Development Fee Checklist
2. Fees & Securities Report
3. Project Vicinity Map
4. Tract Map No. 33124
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TRACT MAP NO. 33124
Staff reviewed the following fees relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
Paid.
Development Impact Fee
This fee will be collected prior to issuance of
building permits.
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 33124
DATE: December 12,2006
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY
SECURITY
Street and Drainage $ 305,000.00 $ 152,500.00
Water $ 84,500.00 $ 42,250.00
Sewer $ 195,500.00 $ 97,750.00
TOTAL $ 585,000.00 $ 292,500.00
Monumentation $ 27,000.00 -
DEVELOPMENT FEES
RCFC&WCD (ADP) Fee $ Paid
Development Impact Fee $ *TBD
SERVICE FEES
Planning Fee $ 588.00
Fire Fee $ 215.00
TCSD Fee $ 1,022.00
Plan Check Fee $ 8,874.00
Monumentation Inspection Fee $ 1,350.00
Fees Paid to Date $ 8,450.00
Balance of Fees Due $ 3,599.00
*To Be Determined
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VICINITY MAP
NOT TO SCALE
ITEM NO.1 0
APPROVAL 0.,/
CITY ATTORNEY "..... ,
DIRECTOR OF FINANCE_.6'fz' .
CITY MANAGER
-w...,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
December 12, 2006
SUBJECT:
Tract Map No. 34062, Located at 42140 Lyndie lane
PREPARED BY:
Gerald L. Alegria, Senior Engineer - Land Development
RECOMMENDATION: Thatthe City Council approve 1) Tract Map No. 34062 in conformance
with the Conditions of Approval.
BACKGROUND: Tract Map No. 34062 is a one (1) lot subdivision for a condominium
project located at 42140 Lyndie Lane. The street improvements associated with this map are in
place. The survey monuments have been set. No offsite improvements were required for this map.
On February 1, 2006 the City of Temecula Planning Commission approved the above reference
project. Tentative Tract Map 34062, 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.
The 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 the State law
AL TERNATIVES CONSIDERED
No alternatives were considered
FISCAL IMPACT: None
ATTACHMENTS:
1. Development Fee Checklist
2. Fees & Securities Report
3. Project Vicinity Map
4. Tract Map 34062
r:\agdrpt\2004\0810\pm31639,map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. PM 34062
Staff reviewed the following fees relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
N/A
Development Impact Fee
Paid
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $ 0.00
RCFCD (ADP) Fee $ 0.00
Development Impact Fee $ Paid
SERVICE FEES
Plan Check Fee $ 3,393.00
Planning Fee $ 588.00
Fire $ 215.00
TCSD $ 1,022.00
Monument Inspection Fee $ 287.00
Fees Paid to Date $ 5,505.00
Balance of Fees Due $ 0.00
2
r:\agdrpt\2004\0810lpm31639,map
3
r:\agdrpt\2004\0810lpm31639,map
CONDOMINIUM PLAN
SHEET 1 OF 1
PALM VALLEY CONDOMINIUM PROJECT
, IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE
" STA TE OF CALiFORN/A
M.A 00/'.0
/'fRCARITA \'
PROJECT
SITE
1 f'ND/E
lANE
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COUNP5
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~J 43460 Ridge Park Drive, Suite 170, Temecula, CA 92~90
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ITEM NO. 11
Approvals
City Attorney
Director of Finance
City Manager
~
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G:1.-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
December 12,2006
SUBJECT:
Acquisition of Tax-Defaulted Property for Open Space Habitat/Preservation
PREPARED BY:
Beryl Yasinosky, Management Analyst
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OBJECTING TO THE PUBLIC SALE OF CERTAIN
TAX-DEFAULTED PROPERTY LYING WITHIN THE CITY OF
TEMECULA, OFFERING TO PURCHASE THE PROPERTY FOR
OPEN SPACE HABITAT/PRESERVATION PURPOSES
BACKGROUND: The City has received notice from the County of Riverside Treasurer-
Tax Collector of certain parcels lying within the City limits that are in tax-default and offered for
public sale. One parcel has been identified as useable property to mitigate Open Space Habitat
Creation and Preservation requirements for Capital Improvement Projects.
The vacant 15.72 acre parcel is located in the southwest area of the City and is not suitable for
building. Rather than allow the propertyto be sold at public auction, it is recommended thatthe City
acquire the parcel pursuant to an Agreement of Sale with the County for the minimum purchase
price of $7,724.09. Additional costs include $150.00 for publication of the legal notices and lot book
reports required by the County. The Treasurer-Tax Collector has indicated the actual purchase
amount will be due and payable to the County in approximately 6-9 months, or after the beginning of
Fiscal Year 2007-08.
However, in order for the City to enter into an Agreement of Sale for this parcel, the County requires
that the City Council approve the attached resolution which indicates the City's objection to the
public sale of the property; the intended offer to purchase the property; and the public purpose for
which the land will be devoted. This action does not interfere in any way with the property owner's
ability to cure the tax default. Rather, this action places the City in first position should the property
owner not redeem the property.
FISCAL IMPACT: Appropriation of the required funds for the acquisition of this property
and the related costs associated with the legal notices and reports will be identified in the Fiscal
Year 2007-08 Capital Improvement Program.
ATTACHMENTS:
1. Resolution No. 06-_
2. Vicinity Map of APN 922-220-029-6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA OBJECTING TO THE PUBLIC SALE OF
CERTAIN TAX.DEFAULTED PROPERTY LYING WITHIN
THE CITY OF TEMECULA, OFFERING TO PURCHASE
THE PROPERTY FOR OPEN SPACE
HABITAT/PRESERVATION PURPOSES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The Riverside County Treasurer and Tax Collector's Office has
determined that certain parcels within the City of T emecula are in tax default status and
may be acquired by the City for public purposes.
Section 2. The City of Temecula does hereby object to the public sale of one
(1) parcel of land located in the City of Temecula as described below:
Assessor's Parcel Number: 922-220-029-6 (vacant property)
Leqal Description:
Portions of Lots 26 and 27 in Book 1 as per map of subdivision of land of the
Pauba Land and Water Company recorded in Map 11, Page 507 of San Diego
County.
Beginning at the Westerly corn~r of Lot 26, thence North 440 50'01" East, 500.00
feet along the Northwesterly line of said Lot 26; thence South 48011'55" East,
790.00 feet to the true point of beginning; thence continuing South 48011'55"
East, 110.00 feet; thence South 45037'16" East, 635.23 feet to that parcel of land
conveyed to the State of California by deed recorded March 30, 1948, in Book
905, Page 101, Official Records of Riverside County; thence Southerly along the
following three (3) courses of the Westerly line of the State Freeway Right of
Way; South 6024'00" West, 250 feet; thence along a curve concave Easterly
having a radius of 1,700.00 feet, through an angle of 5055'27", a distance of
175.77 feet to a radial bearing South 89031'27" East, thence South 0028'33"
West, 550.82 feet to the Southwesterly line of Lot27; thence Northwesterly along
the Southeasterly line of Lots 27 and 26, North 40045'36" West, a distance of
1,403.58 feet to a point 793.54 feet Southeasterly of the most Westerly corner of
Lot 26; thence North 44036'56" East, 602.76 feet to the true point of beginning
and containing 15.715 acres.
Purchase Price: $7,724.09
Section 3. The City of Temecula does hereby offer to purchase the parcel
identified in Section 2 above from the Riverside County Treasurer and Tax Collector
pursuant to the provisions of Section 3698.5(a) of the California Revenue and Taxation
Code, in such forms as the Riverside County Treasurer and Tax Collector shall specify.
Section 4. The City of Temecula hereby certifies to the Riverside County
Treasurer and Tax Collector that the piJblic purpose for which the parcel will be devoted
is as follows:
Open Space Habitat Creation and Preservation Area
Section 5. The City Manager of the City of Temecula is hereby authorized to
execute any and all such Agreements of Sale, documents or other certifications
required or desirable to carry out the purposes of this Resolution, and to forthwith pay to
the Riverside County Treasurer and Tax Collector the full purchase price as specified in
Section 2, together with all costs of giving notice pursuant to statute, in full recognition
that such costs are in addition to, and not included within the purchase price. In
addition, the City agrees to pay publication costs incurred even if the property is
redeemed, and therefore not conveyed to the City, and to pay the full costs of Lot Book
reports, which the City further recognizes to be non-refundable fees,
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
T emecula this 12th day of December, 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 12th day of December, 2006, by the
following vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
/
----,
ITEM NO. 12
Approvals
City Attorney
Director of Finance
City Manager
V
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(JR..
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
December 12, 2006
SUBJECT:
Approval of the Plans and Specificaitons and Authorization to Solicit Bids for the
Widening of the South Side of Rancho California Road from Interstate 15 to Old
Town Front Street/Jefferson Avenue - Project No. PW02-19
PREPARED BY:
Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION: That the City Council approve the Plans and Specifications and
authorize the Department of Public Works to solicit construction bids for the widening of the south
side of Rancho California Road from Interstate 15 to Old Town Front Street / Jefferson Avenue,
Project No. PW02-19.
BACKGROUND: The project involves the widening of the Rancho California Road, from
Interstate 15 to Old Town Street / Jefferson Avenue, to provide a dedicated right turn only lane to
the southbound Interstate 15, and a second left run lane from westbound Rancho California Road to
southbound Old Town Front Street. More specifically, the improvements involve construction of a
retaining wall, traffic signal modifications, landscaping and median modifications, and curb, gutter,
sidewalk, roadway, and storm drain improvements necessary to widen the road.
The plans and specifications are complete, the City has received an approved encroachment permit
from the California Department of Transportation to undertake the work, and the project is ready to
be advertised for bids. The construction cost is estimated at $950,000.
The completed project will significantly improve traffic flow through the area; however, despite the
specifications requiring a majority of this work to be completed at night, there will be an
inconvenience to the traveling public during the four to six months it takes to complete this project.
Also because this project involves a significant amount of relocation of underground facilities (City
and Caltrans Traffic Facilities and Utilities) that cannot be specifically located until they are
unearthed, there is a potential for additional expense and time delays to address conflicts that arise.
FISCAL IMPACT:
Improvement Project
Improvement funds.
ATTACHMENTS:
The Rancho California Road Widening Project is a Capital
funded through Measure A and Development Impact Fees - Street
1.
2.
Project Description
Project Location
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ITEM NO. 13
Approvals
City Attorney
Director of Finance
City Manager
JM.?
CIl
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
December 12, 2006
SUBJECT:
Amendment NO.3 for Consultant Services for French Valley Pkwy/I-15
Overcrossing and Interchange Improvements and Interim Southbound Off-Ramp
to Jefferson Avenue - Project No. PW02-11
PREPARED BY:
Amer Attar, Principal Engineer
Avlin R. Odviar, Associate Engineer
RECOMMENDATION: That the City Council approve Amendment NO.3 to the consultant
agreement with Moffatt & Nichol Engineers in an amount not to exceed $283,982.52 for additional
services necessary to complete the Project Report and Environmental Document for the French
Valley Parkway/I-15 Overcrossing and Interchange Improvements and Interim Southbound Off-
Ramp to Jefferson Avenue - Project No. PW02-11; and authorize the Mayor to execute the
amendment to the agreement.
BACKGROUND: On January 14, 2003 the City Council approved an Agreement for
Professional Consultant Services (Agreement), in the amount of $1,091,693.00, with Moffatt &
Nichol Engineers to develop the Project Report and Environmental Document for the proposed
French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements and to prepare
the Plans, Specifications, and Estimate (PS&E) for the Interim Southbound Off-Ramp to Jefferson
Avenue - Phase 1. Two amendments and five contract change orders have since been approved
for additional services not included in the original Agreement or as needed to supplement existing
tasks per requirements by outside agencies, bringing the total Agreement amount to $1 ,923,849.40.
Amendment NO.3 is necessary to cover additional or supplemental engineering and environmental
studies necessary to continue project development including Paleontological Resources Evaluation,
Visual I mpact Study, Air Quality Analysis PM2.5, Noise Assessment, and Environmental Processing.
FISCAL IMPACT: The City of Temecula has identified the French Valley Parkway /
Interstate-15 Overcrossing and Interchange Improvements within its Capital Improvement Program.
Adequate funds are available in Account No. 210-165-726-5802 to cover the amount of
Amendment No.3, $283,982.52.
ATTACHMENTS:
1. Project Location
2. Project Description
3. Amendment NO.3
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THIRD AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
MOFFAT & NICHOL ENGINEERS
FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE
IMPROVEMENT, PROJECT NO. PW02.11
AND
FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF.RAMP TO
JEFFERSON AVENUE - PHASE I
THIS THIRD AMENDMENT is made and entered into as of December 12, 2006 by and
between the City of Temecula, a municipal corporation ("City") and Moffat & Nichol Engineers
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On January 14, 2003 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for design services ("Agreement") in the
amount of One Million Ninety One Thousand Six Hundred Ninety Three Dollars and No
Cents ($1,091,693,00).
B. The Agreement was amended on May 24, 2005 (Amendment #1) for
additional design services in the amount of Seven Hundred Ten Thousand Five Hundred
Fifty Three Dollars and Forty Cents ($710,553.40), and again on February 14, 2006
(Amendment #2)for additional design services for the Project Report (PR), Environmental
Documents (ED), and to complete the design (Plans, Specifications & Estimate) in the amount
of Twenty One Thousand Six Hundred Thirty Dollars and No Cents ($21,630.00).
C. The parties now desire to increase the payment for design services to
complete the Project Report and Environmental Document in the amount of Two Hundred
Eighty Three, Thousand Nine Hundred Eighty Two Dollars and Fifty Two Cents
($283,982.52) and amend the Agreement as set forth in this Amendment.
2. Section 5a Pavment of the Agreement is hereby amended to read as follows:
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth in Exhibit B for services
described in Section B of Exhibit A, attached hereto and incorporated herein by
this reference as though set forth in full. The Third Amendment amount shall not
exceed Two Hundred Eighty Three Thousand Nine Hundred Eighty Two
Dollars and Fifty Two Cents (283,982.52) for additional design services to
complete the PR and ED for a total agreement amount, of Two Million One
Hundred Seven Thousand Eight Hundred Fifty Eight Dollars and Ninety
Two Cents ($2,107,858.92).
3. Exhibit A and B to the Agreement is hereby amended by adding thereto the items
set forth on Attachment "A" to this amendment, which is attached hereto and
incorporated herein as though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
1
R:ICIPIProjectsIPW02-11IConsultantDocI3'" AmendMoffat & Nichol
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Moffat & Nichol Engineers
P,O. Box 22648
Long Beach, CA 90801
(909) 937-0125
Shing-Ching R. Chan, P.E Principal in Charge
Timothy J. Rellaford, P.E., Sr. Vice President
George R. Hale, P.E. Project Manager
(Two Signatures Required For Corporations)
2
R:\CIPIProjeclsIPW02-11IConsultantDocI3" AmendMoffal & Nichol
ATTACHMENT A
FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE
IMPROVEMENT, PROJECT NO, PW02-11
AND
FRENCH VALLEY PARKWAY INTERIM SOUTHBOUND OFF.RAMP TO
JEFFERSON AVENUE - PHASE I
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
3
R:ICIPIProjectsIPW02-11IConsullantDocI3" AmendMoffat & Nichol
PW02-11 French Vallcy Parkway/Interstate-15 Overcrossing and Interchange
Improvements and Interim Southbound Off-Ramp to Jefferson Avenue
Consultant shall not begin any task described in this Amendment No.3, Scope of Work,
without a separate, written notice to proceed.
~~IIIi'41 MOFFATT & NICHOL
Attachment 3A
French Valley Parkway Phase 2.1 Design
Environmental Documentation
Scope of Work
Date: Tuesday, October 24, 2006
BonTerra is providing the Environmental Processing for the French Valley Parkway Project.
Additional efforts continue to be required to process the Environmental Document through Caltrans.
Those specific efforts are described in detail in the attached scope of work. Throughout the
environmental process Moffatt & Nichol will provide oversight, review of submittals, administration,
and meeting attendance.
The following work breakdown shows the subtasks required for Environmental Documentation:
SCOPE OF WORK
Moffatt & Nichol will provide coordination of the Environmental Documentation for the following
items:
1.1 Provide Coordination
a.) Attend environmental meetings (limit 3)
b.) Provide internal coordination
c,) Prepare technical portions of the environmental document
This scope does not include the following items:
. Permits (see Work Task 6, Environmental Permitting, attached)
. Field Inspections
3780 Kilroy Airport Way, Suite 600, Long Beach, California 90806 (562) 426-9551 Fax: (562) 424-7489
Attachment 3B
French Valley Parkway Phase 2,1 Design
Environmental Documentation
Scope of Work
TASK 1 PALEONTOLOGICAL RESOURCES EVALUATION (WBS 165,10,65)
$9,800.00
Additional work effort has been required to satisfy Caltrans requirements for the evaluation of
paleontological resources. This effort can be divided into two subtasks: completion of the
Paleontological Identification Report and the completion of the Paleontological Evaluation Report.
Applied EarthWorks, Inc. (,lE) has submitted an augment request for $1,800 to cover the cost
associated with coordination on the Paleontological Identification Report prepared by the San
Bernardino County Museum (SBCM). Initially, ,lE's scope was for the completion of the Historic
Properties Survey Report/Archaeological Survey Report (HPSRlASR). Subsequently, Caltrans
requested that the Paleontological Identification Report be completed ,lE was asked to oversee and
coordinate the paleontological studies, A scope of work for SBCM to prepare the report was
submitted but it did not include any time for ,lE oversight. ,lE has indicated that it has taken 24 hours
of staff time to oversee the preparation and processing of the paleontological studies for the project,
which was not included in their original scope of work.
The Paleontological Identification Report identified that the project study area is of high sensitivity for
paleontological resources. As a result of that finding, Caltrans requires the preparation of a
Paleontological Evaluation Report, This cost for work effort is $7,000.
In addition to the work effort of subconsultants, BonTerra Consulting has spent extensive time
coordinating on the cultural resources and paleontological work effort. Just focused on the
paleontological studies BonTerra Consulting is requesting an additional 1 0 hours of staff time for the
coordination of the PER. This is at a cost of $1 ,000.
TASK 2 VISUAL IMPACT ASSESSMENT (WBS 165.20.05.05)
$17,300.00
No visual simulations were included in original scope of work for the Visual Impact Assessment.
These were identified as out of scope work and the need for the simulations would be determined
after the preliminary review of the assessment. Caltrans identified the need for simulations at a
number of sites. Through the coordination process it was narrowed down to two sites, Each visual
simulation will include a photograph of the site before the proposed improvements are constructed,
another photograph showing the detailed improvements based on engineering plans, and a third
photograph with the improvements and the proposed mitigations (if the improvements are
determined to have adverse visual impacts). The KTU+A costfortwo visual simulations is $15,000.
BonTerra Consulting estimates 20 hours of coordination and review time for the additional study and
summarization costs, for a total cost of $2,300,
TASK 3 AIR QUALITY ANALYSIS (WBS 165.10.30)
$6,500.00
Mestre Greve Associates has submitted a proposal for preparing a memo report for presentation to
the Southern California Association of Governments (SCAG) Transportation Conformity Working
Group (TCWG) addressing the PM2.5 analysis that is required per the Federal Air Quality
Page 1 of4
Transportation Conformity Requirements (40 CFR 51.390). Federal Highway Administration (FHWA)
notified Caltrans that this requirement would go into effect for all projects not ready to list by April 5,
2006. The federal Environmental Protection Agency (EPA) released preliminary guidance for PM2.5
on March 30, 2006. The approach for French Valley Parkway is to have the TCWG define the
project as not being a project of air quality concern, as defined by the EPA guidance. Both Mestre
Greve Associates and BonT erra Consulting will attend the TCWG meeting at SCAG and present the
findings. This information will then be incorporated into the Air Quality Technical Report and the
Initial Study/Environmental Assessment. The cost for Mestre Greve Associates to prepare the
analysis is $4,080. BonTerra Consulting will coordinate this effort, review the analysis, consult with
Caltrans and SCAG as necessary, and attending the SCAG meeting, for a cost of $2,420.
TASK 4 NOISE ASSESSMENT (WBS 165.10.20)
$7,680.00
Due to changes in the Caltrans noise protocol and in put from Caltrans staff, portions of the noise
analysis needed to be redone. This included evaluation of additional sound walls at the top-of-slope
adjacent to several residential properties. The analysis had originally assumed that all soundwalls
would be at the edge of and within Caltrans right-of-way. Additionally. the cost basis for determining
the reasonableness of soundwalls was revised from when the analysis was initiated in 2004, As a
result the 12 soundwalls that were found not be meet the reasonableness criteria had to be
reevaluated with new cost data. As a result the noise assessment needed to be revised and
resubmitted for Caltrans review. To complete this work effort, Wieland Associates requires an
additional $5,610. In addition. BonTerra Consulting had increased coordination efforts, reviews, and
two meetings to review this analysis. BonTerra Consulting is requesting 18 additional hours to
accommodate this work effort resulting in an additional cost of $2.070.
TASK 5 ENVIRONMENTAL PROCESSING (WBS 165.25)
$18,850,00
The processing of the environmental document has been substantially more involved and complex
than originally anticipated. More technical studies have been required than originally anticipated and
more coordination with the entire team has been required than provided for in the scope of work.
The screencheck Initial Study/Environmental Assessment (IS/EA) was submitted for review on
December 23, 2005 for review. The current schedule identifies five additional versions of the draft
environmental document prior to release for public review. The following hours are assumed to be
necessary to revise the document at each of the submittal dates:
· The June 26, 2006. submittal will incorporate revisions to the technical studies that have
occurred since the submittal of the December 22, 2005 document, as well as respond to
comments from Caltrans. The effort is expected to take 40 hours of the project manager
time, 24 hours of technician time, and 16 hours of word processing time.
· Since Caltrans has already reviewed the document once and has approved the technical
studies, it is assumed that there would be fewer revisions for the July 28, 2006, submittal.
Therefore, it is assumed that effort would take 24 hours of the project manager time,
20 hours of technician time, and 12 hours of word processing time. Should Caltrans provide
extensive comments, additional time may be required.
· By the time Caltransreviews the document to be submitted on August 1 0,2006, they would
have reviewed it three times. Therefore, only minor edits are expected. A total four hours of
project manager and two hours of word processing/document assembly time are expected to
be necessary.
· T!1~nextllet Qf revisions will be in response to comments by FHWA. This will be the first
time this agency has seen the document.. It is assumed that effort would take 20 hours of the
Page 2 of 4
project manager time, 16 hours of technician time, and 12 hours of word processing/
document assembly time. Should FHWA provide extensive comments, additional time may
be required.
TASK 6 PERMITTING (WBS 205)
Total $66,556,00
The jurisdictional delineation and pre-application meeting tasks have been completed. The original
scope of work and cost estimate was based on authorization from the U.S. Army Corps of Engineers
under a Nationwide Permit for the Winchester Road off ramp improvements only. At a pre-
application meeting on January 2006, the USACE evaluated the Jurisdictional Delineation for the
project as part of a site visit and determined that project impacts to Waters of the United States must
be authorized under one permit for the entire project and would require an Individual Permit The
tasks described below represent the additional efforts and costs associated with the preparation and
processing of an individual permit:
Task 6.1 U,S. Army Corps of Engineers 404 Permit Application
$14,696.60
BonTerra Consulting will prepare and submit a permit application to the USACE. following review
and approval of the application by the City and consulting engineer. to satisfy the requirements of
Section 404 of the Clean Water Act The project engineer shall provide a CAD file of the project that
includes the project limits, project elements and features sufficient for assessing both permanent
and temporary impacts to jurisdictional resources and preparing the appropriate exhibits for the all
permit applications. The USACE permit typically includes a jurisdictional delineation. Also, the
USACE permit requires the preparation and submittal of a RWQCB Section 401 Water Quality
Certification for the completion of the Section 404 Permit Therefore, this proposal includes these
tasks. An additional cost of $2,580.00 is identified to complete this task.
Task 6.2 California Department of Fish and Game 1602 Permit Application
Included
CDFG Section 1602 Agreement application for Streambed Alteration (also known as a Streambed
Alteration Agreement) will be prepared and submitted to the CDFG following review and approval of
the application by the City and consulting engineer. The submittal package will include: (a) Form FG
2023, (b) vicinity map, (c) project description, (d) jurisdictional delineation map, and (e) site photos.
This task does not include the permit-filing fee, No additional fees are requested for this task.
Task 6.3 San Diego Regional Water Quality Control Board
Section 401 Certification
$4,174.20,00
A Section 401 ofthe Clean Water Act certification application will be prepared and submitted to the
San Diego RWQCB following review and approval by the City and consulting engineer. This
certification is necessary prior to the USACE concurring with discharges of fill material under the
USACE Section 404 permit process. BonTerra Consulting will work with City and consulting
engineer to identify appropriate construction and post construction Best Management Practices
(BMPs). This task does not include the permit-filing fee. This permit is associated with the USACE
permit in Task 1. An additional cost of $2,580.00 is identified to complete this task.
Task 6,4 Resource Agency Permit Processing
$48,685.70
Regulatory services will include processing of the USACE, the CDFG. and the RWQCB permits
including preparation of correspondence, and telephone calls between the agency staff assigned to
process the permit These services also include any meetings with assigned regulatory agency staff,
the City and the consulting engineer during the review process. During the pre-application meeting,
the USACE informed the City that the project impacts to Waters of the United States were too large
Page 3 of4
to authorize under a Nationwide Permit and must be processed as an Individual Permit (IP). An IP
requires a greater amount of analysis, involves public review, response to public comments, and
alternatives analysis that leads to a determination of the "Least Environmental Damaging Practical
Alternative" in accordance with the USACE Section 404(b)(1) Guidelines. In addition. the process
can take from 6 months to a year or more to complete. Also, it is very difficult to estimate the amount
of effort involved to complete this task. Therefore, the costs associated with this effort have been
increased by $50,000.00. Ifthis amount is exceeded due to the USACE's or CDFG's requirement to
identify appropriate mitigation associated with project impacts, or the City revises the project design
requiring additional analysis. work shall continue on a time and materials basis, subject to client
approval.
TASK 7 PROJECT MANAGEMENT AND MEETINGS (WBS 100,05)
$18,875.00
The current contract assumed the work would be completed in 2005. As a result of the extended
project schedule, BonTerra Consulting is requesting additional budget to accommodate project
management and meeting time. BonTerra Consulting assumes continued participation in the
monthly Project Development Team (PDT) meetings with Caltrans. as well as up to four additional
meetings in 2006 for focused issues such as project schedule, biological resources, or other
environmental concerns. The current project schedule assumes the project will continue through the
first quarter of 2007. Therefore, a total of 19 meetings are assumed for a total of 95 hours of
meeting time.
In addition to meeting attendance. the prolong schedule has required more management effort for
the project. BonTerra Consulting is requesting an hour a week of project manager time and one
hour for administrative staff per a month for the additional 15 months of the project schedule. This
time is required for proper oversight of the project and management of the environmental tasks.
Should the project extend beyond the first quarter of 2007, additional management time would be
required.
TOTAL COSTS TASKS 1 THROUGH 7
$145,561.00
Page 4 of 4
rr.~."I MOFFATT & NICHOL
Attachment 3C
French Valley Parkway Phase 2.1 Design
Environmental Documentation
Fee Summary
Below is our fee summary for Phase 2.1 Design French Valley Parkway Environmental
Documentation:
Task Total
1. Moffatt & Nichol Project Management $ 18040
2. . BonTerra Environmental Documentation $ 146486
Total
$ 164,526
3780 Kilroy Airport Way, Suite 600, Long Beach, California 90806 (562) 426-9551 Fax: (562) 424-7489
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Attachment 3E
French Valley Parkway Phase 2.1 Design
Enrironmental Documentation
BonTerra Fee Summary
Task Total
IT1'~:1>::].=qrlhjIJlIlti:G1::ITYr(-~lQ~__-~' ~ :~'~.T~'~~__ -.~ -__, _ ~~~~~~=-=-==~_-<_:':'~?~::
KTU+A
KTU+A
KTU+A
KTU+A
BonTerra Consultin
$145.00 4
$115.00 8
$90.00 50
$90.00 100
$115.00 20
Task Total
$580.00
$920.00
$4,500.00
$9,000.00
$2300.00
$17,300.00
Task Total
]ill~~~ 0-~iillli~~~f-"lr ~-~ ~-=- ~-------~_-~~::.._-~---~=-~--.~=~~:.. _~.~-:.-_,~_~-=
Wieland Assoc.
Wieland Assoc
Wieland Assoc.
Wieland Assoc.
BonTerra Consultin
Sr, Noise S ecialist
Princi al
GIS
Word Processin
Princi al actin as PM
BonTerra Consultin
BonTerra Consultin
BonTerra Consultin
Princi al actin as PM
Technician
Word Processin
$105.00 40
$140.00 8
$80.00 3
$50.00 1
$115.00 18
Task Total
$115.00 88
$100.00 60
$65.00 42
Task Total
$4 200.00
$1,120.00
$240.00
$50.00
$2 070.00
$7,680.00
$10,120.00
$6,000.00
$2.730.00
$18,850.00
Directs 2%
Task 6.2 CDFG A Iication
$140.00 80
$105.00 24
$65.00 24
$85.00 30
Labor total
Subtotal
Less revious a roved
Au ment Re uest
$11,200.00
$2,520.00
$1,560.00
$2,550.00
$17,830.00
$356.60
$18,186.60
$3,490.50
14696.10
Task 6.3 RWQCB A Iieation
This task is covered b the work effort the Task 6.1.No additional funds are bein re uested.
Page 1 of2
Attachment 3E
French Valley Parkway Phase 2.1 Design
EnJ'ironmentaJ Documentation
BonTerra Fee Summary
Staff Title Rate Hours Total
Ga.v Medeiros Sen PrOl Mnr $140.00 30 $4,200.00
Amber Oneal Biolonist $105.00 24 $2,520.00
Kathv Linklater WP $65.00 24 $1 560.00
Jennifer Gomez GIS $85.00 8 $680.00
Labor total $8,960.00
Directs 12%\ $179.20
Subtotal $9,139.20
Less nrevlous annroved $4,965.00
Subtask Auoment Reauest , t4174.20
Task 6.4 Resource
Kathleen Bradev Princioal $185.00 60 $11,100.00
Ga.v Medeiros Sen Pro/Mar $140.00 220 $30,800.00
Amber Oneal Senior Biolnnist $105.00 90 $9,450.00
Sandv Leathemlan Senior Biolonist $110.00 90 $9,900.00
Kathv Linklater WP $65.00 24 $1,560.00
Jennifer Gomez GIS $85.00 40 $3,400.00
Labor total $56,110.00
Directs 12%1 $1,102.20
Mileane $200.00
Subtotal $56,412.20
Less nrevious 8noroved $7 726.50
Subtask Aunment Renuest $48,685.70
I I
Total Additional Amount Task 6 "67 556.00
BonTeJ
$65.00 15 $975.00
$18800.00
TOTAL AUGMENT REQUEST $146,486,00
Page2of2
~1IlIIr."1 MOFFATT & NICHOL
Attachment 6A
French Valley Parkway Phase 2.1 Design
Environmental Permitting
Scope of Work
Date: Tuesday, October 24, 2006
BonTerra is providing the Environmental Processing for the French Valley Parkway Project.
Additional/modified environmental requirements will require BonTerra to provide an expanded work
effort for the Air Quality Analysis, Environmental Processing, Project Management, and Meetings.
Additionally, the United States Army Corps of Engineers (USACE) is requiring the preparation of an
Enviromnental Assessment pursuant to their guidelines. Generally, these documents are done by
USACE. It should be noted that the USACE format will require the evaluation of at least one
additional alternative beyond those evaluated in the Environmental AssessmentlInitial Study prepared
for Caltrans and the Federal Highway Administration.
A detailed scope of work outlining the additional work effort is provided in Attachment 6B.
Attachments 6D and 6E provide breakdowns of the hours required for each task.
SCOPE OF WORK
Moffatt & Nichol will provide Enviromnental Permitting coordination for the following items:
I.) Meetings attendance (limit 2)
2.) Provide internal coordination
3.) Preparation of alternatives analysis (No additional alternatives are included. The Project
report alternatives will be reused)
This scope does not include the following item:
. The Permitting effort may need to be augmented in the future to complete the Determination of
Biologically Equivalent of Superior Preservation (DBESP) Report. At this time, the precise
Scope of Work for that effort cannot be determined.
3780 Kilroy Airport Way, Suite 600, Long Beach, California 90806 (562) 426-9551 Fax: (562) 424-7489
Attachment 6B
French Valley Parkway Phase 2,] Design
Environmental Permitting
Scope of Work
AIR QUALITY ANALYSIS (WBS 165,10,30)
$4,390,00
In February 2006 the Federal Highway Administration (FHWA) advised the FHWA Division Offices on the
need to start evaluating Mobile Source Air Toxics (MSA T). Interim Guidance has been provided; however
because the MSAT science is evolving a full methodology has not been developed. Based on our
October 11, 2006 meeting with Caltrans and subsequent follow up by Mestre Greve Associates with Tony
Louka, it has been determined that new analysis is required. This work could not have been foreseen
because it is being completed in compliance with new regulations, Mestre Greve Associates will prepare
an analysis of potential MSA T impacts of the proposed French Valley Interchange project. The analysis
will be presented as an addendum to the air quality technical study previously prepared for the project and
will follow the guidance. "Interim Guidance on Air Toxic Analysis in NEPA Documents" published by the
FHWA. It is assumed the project will be considered a "project with low potential MSAT effects" as
discussed in the FHWA guidance and that only one Caltrans comment/revision cycle will be required, If
for some reason, Caltrans feels that the project is considered a "project with higher potential MSAT
effects" or more than one comment/revision cycle is required a contract augment will be required. For
BonTerra Consulting this work effort assumes 12 hours time for a Principal serving as the Project
Manager and 2 hours of administrative time. The work effort will include the meeting to discuss the
documentation needs, coordination, review, and summarization of the findings in the Environmental
Assessment/Initial Study. Mestre Greve Associates estimates this work effort will require 24 hours of
Associate time.
ENVIRONMENTAL PROCESSING (WBS 165.25)
$9,680.00
The processing of the environmental document has been substantially more involved and complex than
anticipated even at the time of the June 2006 augment request. The augment request assumed limited
revisions to the screencheck Initial Study/Environmental Assessment (IS/EA) would be required on the
August 10th version of the document because Caltrans would have seen the document on three prior
occasions and all the comments have been responded to with the various submittals. To facilitate the
comments, BonTerra Consulting held a "page turner" meeting at Caltrans so there would be full
agreement on the changes that were being requested. By projecting the document all the participants in
the page turner were able to see the revisions being made to the document and concurrence on the
wording was obtained. At this meeting. BonTerra Consulting was asked to revise the document from
being a Mitigated Negative Declaration to a straight Negative Declaration. This level of change was far
more substantial than four hours of project manager and two hours of word processing/document
assembly time requested in the June 2006 au~ment request. BonTerra Consulting is requesting thatthe
hour allotment for revisions to the August 10 document be increased to 24 hours of project manager
time and 10 hours of word processing/document assembly time. These revisions were reflected in the
August 25, 2006 document.
The original processing assumed the August 10th document would be the final review by Caltrans and the
document would be forwarded to FHWA. Not only did the change in the document outlined above
necessitate submitlal of an additional screencheck on August 25th, upon review that document it was
determined that the Mitigated Negative Declaration was the appropriate type of environmental document
and a new set of comments were submitted on the document. The resubmitlal of the document will need
to address the comments received from Caltrans in writing, as well as three subsequent emails. In
addition, BonTerra Consulting will be coordinating with the United States Fish and Wildlife Service to
demonstrate that the Section 7 consultation is complete and complete a compliance form (estimated at
Page 1 of2
37 page long) for submittal of the document to the Federal Highway Administration (FHWA). The effort is
expected to take 60 hours of the project manager time, 20 hours of technician time, and 12 hours of word
processing time. It is assumed that once this is complete the document will be signed by the District and
forwarded to FHWA.
PROJECT MANAGEMENT AND MEETINGS (WBS 100.05)
$2,875.00
The augment requests assumed meeting and management time through the first quarter of 2007. Based
on the needs the additional documentation, it is assumed that participation by BonTerra Consulting will
continue through the second quarter of 2007; therefore, 12 hours for additional meetings and additional
13 hours of project management time are requested. Should the project extend beyond the second
quarter of 2007, additional time would be required.
ARMY CORPS OF ENGINEERS ENVIRONMENTAL ASSESSMENT
$78,568.30
A Jurisdictional Delineation was performed within the project boundaries to determine the limits of
jurisdictional "waters of the United States," including wetlands resources, located within the areas ofthe
project sites that may be temporarily and permanently effected by construction activities associated with
the construction of the French Valley Parkway project. The delineation was performed in accordance with
the requirements of the 1987 Army Corps of Engineers (USACE) Wetland Delineation Manual. Based on
the impacts of the proposed project on the delineated waters and wetlands resources. and in consultation
with the U.S. Army Corps of Engineers (USACE) regulatory staff. it was determined that impacts to these
resources could be authorized through the approval of an Individual Permit (IP) under Section 404 of the
Clean Water Act. As part of the Section 404 application, an Environmental Assessment must be
prepared that identifies the purpose and need for the project, analyzes to impacts to resources identified
in a checklist by the USACE, contains an alternatives analysis of a reasonable range of alternatives
including avoidance and minimization, and measures to reduce project impacts that will serve as the
basis for determining the Least Environmentally Damaging Practicable Alternative (LEDPA) by the
USACE.
BonTerra will utilize the data in the EAIIS prepared for the City ofTemecula, Caltrans, and FHWA to the
maximum extent possible for the preparation of the EA for the USACE. However. it should be noted that
the requirements and the orientation ofthe analysis are slightly different because the focus of the USACE
and the applicable regulations. While it is anticipated that the Purpose and Need in the EAIIS will be
generally adequate, it must be approved by the USACE and provides the basis for the Environmental
Assessment.
The EA will contain a description of the proposed action and alternatives that were considered including
but not limited to No Project, the Proposed Action with No Federal Funding, the Proposed Action, and at
least two other alternatives aimed at avoidance and minimization of project impacts to the existing
environmental conditions/topics provided by the USACE. The EA will include an analysis of the affected
environment. environmental consequences, and avoidance, minimization, and/or mitigation measures.
BonTerra Consulting will also coordinate with the USFWS, City of Temecula and Caltrans on an "as-
needed basis" during the preparation of the EA, response to comments received by the USACE on the
EA, and comments and questions raised the EA process. This will include but not be limited to
coordination meetings, site visits. and response to voice mail messages and em ails as part of the
preparation of the EA.
TOTAL COSTS
$95,513.30
Page 2 of2
1a.~.'4 MOFFATT & NICHOL
Attachment 6C
French Valley Parkway Phase 2.1 Design
Environmental Permitting
Fee Summary
Below is our fee summary for Phase 2.1 Design French Valley Parkway Environmental Permitting:
Task Total
1. Moffatt & Nichol Proiect Manaaement $ 23 943.22
2. BonTerra Environmental Permittlna $ 95,513.30
Total $ 119,456.52
3780 Kilroy Airport Way, Suite 600, Long Beach, California 90806 (562) 426-9551 Fax: (562) 424-7489
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Attachment 6E
French Valley Parkway Phase 2.1 Design
EnJ'ironmentaJ Permitting
BonTerm Fee Summary
Pre aration of EA
Kathleen Brad
Ga Medeiros
Amber Oneal
Allison Rudalevi e
Jennifer Gomez
An ie Hernandez
Kath Linklater
Princi al
Associate Princi al
Biolo ist
Associate Princi al
GIS S ee
Adm
WP
$185.00 40
$145.00 250
$105.00 40
$70.00 40
$85.00 50
$65.00 12
$85.00 35
Labor Subtotal
$7,400.00
$36,250.00
$4,200.00
$2,800.00
$4,250.00
$780.00
$2275.00
$57 955.00
Pro eet Mana ement, Meefin and A ene Coordination
Kathleen Brad Plinei al
Ga Medeiros Associate Princi al
Amber Oneal Biolo ist
Kath Linklater Adm
Directs 2%
Re reduction
Milea e
$185.00 20
$140.00 80
$105.00 12
$65.00 20
Labor Subtotal
$3,700.00
$11,200.00
$1,260.00
$1,300.00
$17460.00
$1,508.30
$1,200.00
$445.00
$3,153.30
$78,568,30
1000
Direct Cost Total
Task Total
r~-==~' =_:::='m___::=~~. '.:::....: ::]~~~]i.lE:_:.:::Z~l'1~
Page 1 of 1
ITEM NO. 14
Approvals
City Attorney
Director of Finance
City Manager
~
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
December 12, 2006
SUBJECT:
Acceptance and Filing the Notice of Completion Slurry Seal Project FY 2005-
2006, Redhawk Area - Project No. PW06-01
PREPARED BY:
Greg Butler, Principal Engineer
Mayra De La Torre, Senior Engineer
RECOMMENDATION:
That the City Council:
1. Accept the Slurry Seal Project FY 2005-2006, RedhawkArea, Project No. PW06-01,
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 March 21,2006, the City Council awarded a construction contract
to All American Asphalt, I nc. in the amount of $563,690.50 to complete the Slurry Seal Project - FY
2005-2006, Redhawk Area, Project No. PW06-01.
This project included surface cleaning and crack sealing designated roadways in the Redhawk area,
applying Type II Rubberized Emulsion - Aggregate Slurry (REAS) and replacing striping and
pavement delineation. The intent of this project was to inhibit the infiltration of water into the road
structural section and prolong the service of the pavement.
The contractor, All American Asphalt, 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 $54,999.48. All work is warranted for a period of one year from the date of acceptance by the
City.
The final project cost is $618,689.98. This amount can be broken down as follows:
(a) Initial Contract
(b) Contract Change Order
$563,690.50
$ 54,999.48
The construction retention for this project will be released on or about 35 days after the Notice of
Completion has been recorded.
FISCAL IMPACT: The Slurry Seal Project - FY 2005-2006, Project No. PW06-01, is
funded by the Public Works Department Maintenance Division FY 2005-2006 Budget for Routine
Street Maintenance. The base amount of the contract was $563,690.50. One (1) change order was
issued in the amount of $54,999.48 making the final contract amount $618,689.98.
ATTACHMENTS:
1. Contractor's Affidavit
2. Maintenance Bond
3. Notice of Completion
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW06-01
SLURRY SEAL PROJECT FY2005-2006, REDHAWK AREA
This is to certify that All AIDer; can ARphal to (hereinafter the "CONTRACTOR") declares
to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies,labor,
services, tools. equipment. and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents. employees or subcontractors used or in contribution to the
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO.PW06-01,
SLURRY SEAL PROJECT FY 2005-2006, REDHAWK AREA. situated in the City of Teinecula,
State of California. more particularly described as follows:
slurry seal uroiect FY200'j-2001l REDRAWK AREA. CITY OF TRMRCm A
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR.
Further. in connection with the final payment of the Contract, the CONTRACTOR hereby
disputes the following amounts:
Description
Dollar Amount to Dispute
Pursuant to Public Contract Code 97100, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City. and each ofthem. 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: 11/15/06
By:
Credit Manager
Print Name and Title
RaEASE
R-l R:\CIPlPROJECTS\PW06\PW06-4J1 S1ul'lY Seal PlOject FY2005.ooBKI Docs\Specs1fW06-01 Specs.dOC
BOND NO. 088 28 624
'EXECUTED IN TWO (2) PARTS
CITY OF TEMECULA, PUBLIC WORKS DEPARTMI::NT
MAINTENANCE BONO
FOR
PROJECT NO. PW06..(J1
SLURRY SEAL PROJECT FY 2005-2006, REDHAWI<' AREA
KNOW ALL PERSONS BY THESE PReSENT THAT:
N-<L NlEjlJ,CAN ASJ?HALT, 400 EAST SIXTH STREET. CORONA. CA. ~2879
NAME AND ADDRESS CONTRACTOR'S
a
COICpDl'ati'-<)n
(fRII/I wIIfll,.". a Corpofllllon. Parlnershlp or indirldual)
, hereinafter c: ~lIed Principal. and
FIDELITY AND DErOs'IT COMPANY OF 'MARYLAND
801 NO. BRAND BLVD. GLENDALE. CA. 91203
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held and finnly bound unto CITY OF TE~ 1ECULA,
hereinafter called OWNER, In the penal sum of SIXTY. ONE THOUSAND, ,EIGHT HUNDRED
SIXTY NINE ~~--------~----~~~- DOLLARS and No/lOOths ' CENTS
($ bl,l:l" 1.1 fill ) m ~awftlI mGAey d -the United states. saki sun:i being ..not tess than .tP..n .
(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, md assigns, jointly and
severally, finnty by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
c::ertain Contract with the OWNER, dated the 21st day of March , 2006, a copy
of which Is hereto attached and made a part hereof for the construction ( ,f PROJECT NO. PW06.
01, SLURRY SEAL 'PROJECT FY 2005-2006, REDHAWK AREA.
WHEREAS, said Contract pravides that the Principal will furnish a bond ::ondltioned to guarantee
for the period of ane (1 ) year after approval of the final estimate on s,aid jOb. by the OWNER"
against all defects in workmanship and materials which may become ap~ arent during said period:
and .
WHEREAS, the said Contract has been completed, and was the final es'l mate approved on2.9.tb
~"p'l'''''R''j! , 2006.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS sue; H, that if within one year
from the date af approval of the linal estimate on said job pursuant to the; Contract, the work done.
under the terms of said Contract shall disclose poor workmanship in till I executian of said work.
and .the carrying out oflhe terms of said Contract; or it shall appear that defecUve materials were
furnished thereunder. then this obligation shall 'remain In full force al1d virtue, otherwise this
instrument shall be void.
As a part af the obllgation secured hereby and In addili~n to the face am )unt specified, costs and
reasonable expenses and fees shall be included. including reasonable a1torney's fees incurred by
the City af Temecula In successfullY enfarcing this abligation. all to be taxed as costs and
included In any judgment rendered.
-""'"'
M-' 1l~"J'\'.'''"lM1y''''P<ejO:I'''____
.. ~h_c' ~._<",;" '-M~~,.~"..",..,!d
.1
The Surety hereby stipulates and agrees that no change, extension ,: f tilTle, 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 obllgallons on It Is bond, and it does hereby
waive notice of any sl.!ch change, extension of lime, alteration, or lddltion to the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this
31st
,
'MARYLAND ALL AMERICAN ASPHALT
~~ /
~~boi-\- 1'xnAI /
(Name)
V'it'.Jf (Jrebidrflr
(TItle)
By: --:;r-~ ~
TYl1MI1"'. T~/1S
(Name) .
~~,.. .\'(<24511' f'Y
(TIlle)
day of
(Seal)
OWEN M. BROWN
(Name)
^TTQRNEY~IN-F^CT
(TItle)
.:
APPROVED AS TO FORM:
Peter M. ll1orson, City Attorney
MAl<TINlHCEllO.<l
OCTOBER
._,2006.
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._,.-._..-."".~._.,.",,,",,,,,,~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,
State of Calnomia
County of
ORANGE
}ss.
On
10-31-06
before me,
BARBARA J. BENDER
DalfI Name andTdl8 ofOllleer {e.g.,-Jane Ooe,Notary PubIk:"}
personally appeared OWEN M. BROWN
Name(8) 01' SIgneI1a)
Xipersonally known to me
~DuDl'--r()XX
r-----------~
BARBARA J. BENDER
@ Commission # 1494946
~ .. Notary Public. CaUfomla ~
~ Orange County f
~ _ _ ~:o~m:Ex~r~J~1:2~8
~
'@'- BAIlIAllU.1IENDBI
J eom.l~#l494N6
. NaIaIy PuIlIC. C..aMlIla
0Iange~
MrCGml.___....,a.
to be the person(ej whose name(. i"
subscribed to the within instrument and
acknowledged to me that ho . executed
the same in his/' - authorized
capacity~, and that by hio
signaturell'l on the instrument the person(., or
the n'ty upon behalf of which the person(.
a d. xecuted the inst nt.
~ ""'"
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent
ftaudufent removal and reattachment of this form to another document.
TItle or Type of Document:
Description of Attached Document
M.AJ.NTENA,NCE
BOND NO. 088 28 624
Document Date:
10_3h06
Number of Pages: TWO ( 2 )
Signer(s) Other Than Named Above:
ALL AMERICA,N ASPHALT
Capacity(ies) Claimed by Signer
Signer's Name: OWEN M. BROWN
o Individual
o Corporate Officer - Tllle(s):
o Partner - 0 Limlled 0 General
x!iI Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other.
Top 01 thumb here
Signer Is Representing: 1O'mJr.T.TTv urn mn>n':TT f'm.{P1JOY
OF MARYLAND
01999 NatiDMI NoIaIyAssocialion. 9350 De SotoAve.. P.O. Box 2402 -ChaIsworth. CA 91313-2402- www.natiClnaInolary.OIg
Prod. No. 5907
ReoIdor:CallTalI-Ftgel-800-876-6827
CALIFORNiA ALL-PURPOSE ACKNOWLEDGMENT
>
2
State of California
}
County of Riverside
55.
On November 3, 2006 before me, Debbie A. Matsen, Notarv Public.
Date Name and Title of Officer
Personally appeared Robert Bradlev and Thomas Toscas
Name(s) of Signer(s)
DEBBIE A. MATSEN
@'-"'commISSlon#14525B9
i -,,; ~ NotolV Public, Colifomlo ~
, " . Riverside County
.' MyComm.ExplresNov22,2007
OPTIONAL
~ personally known to me
I3T8"88 te me 9R tJ;:19 basis af
~8t;!.f&Gtol) l;v;d..."cc
to be the person(s) whose name(s)
".JIare subscribed to the within instrument
and acknowledged to me that Ret&l:le/they
executed the same in~their authorized
capacity(ies), and that by _!their
signature(s) on the instrument the person(s)
Of, the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal,
.cJ./~ a. <J'Vl.l)'H'MM. )
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Document Date: October 31, 2006
Title or Type of Document: Maintenance Bond. Citv of Temecula
Number of Pages;2
Signer($) Other Than Named Above: Owen M. Brown
Signer's Name: Robert Bradlev and Thomas Toscas
_Individual
2S,Corporate Officer Title(s): Vice President and Sec./Treasurer
_Partner- _Limited _General
_Attorney-in-Fact
_Trustee
_Guardian or Conservator
_Other:
Signer is Representing: All American Asphalt
Top of thumb here
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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 pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, . are sel forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h des by nominate, constitute
and appoint Owen M. BROWN, of Anaheim, California, its true and act, to make, execute,
seal and deliver, for, and on its behalf as surety. and as its act p: takings, and the
execution of such bonds or undertakings in pursuan ..~. > s,s " pOll said Company, as fully and
amply, to all, intents and purposes, as if t > ~ec >~ e ged hy the regularly elected officers of
the Company at its of11cc in Bal' fer ' heir 'r, ~r~. This power of attorney revokes that issued on
behalfofOwenM.~ ~t ru yd;t,)}.4 0
The said Assistant 'sfc IltiThat the extract set forth on the reverse side hereof is a true copy of Artide VI,
Section 2, of the By- ~ 0 pany, and is now in lorce.
IN WITNESS W R OF, the said Vice-President and Assistant Secretary have hereunto suhscrihed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of
December, A.D. 2004.
ATIEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
L);,~
lij~J;
Eric D. Barnes
By:
Assistant Secreta!}'
William}. Mills Vice President
State of Maryland } ss'
City of Baltimore ' .
On this 27th day of December, A.D. 2004, 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 thc
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they 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 subseribed 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 Offieial Seal the day and year first above
written.
..\"..'~:'~~II'II~
~...~\:f;"';''''''~f/''''l:
~ ./H(Otl.......~.;.~
~ I ( "'/.'v<"
~H. t, }-'-f
,;~,"'t . ~
~t~..,.'t., j(../~ ~5
..~(~l:.,.....'?-!~,~
('llir,c;W\~\~\'"
~~[)~
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
POA-F 012-4160
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Teme.ule. 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 All
American Asphalt, P.O. Box 2229, Corona, CA 92878 to perform the fOllowing work of improvement:
SLURRY SEAL PROJECT FY2005-2006. REDHAWK AREA
PROJECT NO. PW06-01
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 T emecula and that said work was
accepted by the City Council of the City of T emecula 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:
SLURRY SEAL PROJECT FY2005-2006, REDHAWK AREA
PROJECT NO. PW06-01
6. The location of said property is: Various Redhawk Area, Temecula. California
Dated at Temecula, California, this 12th day of December. 2006
City of Temecula
Susan W. Jones MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
ReCorder of Riverside by said City Council. .
Dated at Temecula, California, this 12th day of December, 2006.
City of Temecula
Susan W. Jones MMC, City Clerk
R:\CtP\PROJECTS\PW06\PW06-01 Slurry Seal Project FY2005-06\Agreements\PWOe-Q1 COMPLETION NOTE.docProjects\PWOe.01\Agreements\PW06-01 Completion Note
ITEM NO. 15
Approvals
City Attorney
Director of Finance
City Manager
~f'"
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(JQ.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
December 12, 2006
SUBJECT:
Parcel Map No. 33386, located on the north side of Lolita Road, in an urbanized
area of Los Ranchitos
PREPARED BY:
Jerry Alegria, Senior Engineer
Chris Vlahos, Junior Engineer - Land Development
RECOMMENDATION: That the City Council approve 1) Parcel Map No. 33386 in
conformance with the Conditions of Approval and 2) Certificate of Deposit Agreement for
Monumentation and accept the Subdivision Monumentation Certificate of Deposit as security for
the agreement.
BACKGROUND: On December 15, 2005 the Director of Planning for the City of
Temecula approved Tentative Parcel Map 33386 subject to the conditions of approval. Parcel Map
No. 33386 is a two (2) parcel residential subdivision of 5.37 gross acres on the north side of Lolita
Road approximately 500 feet east of John Warner Road. Lolita Road is improved to rural standards.
The survey monuments are required to be set. The developer has met all of the Conditions of
Approval for recordation of the parcel map.
The owner of the property:
Michael La Vasani has met all of the Conditions of Approval. This final map is in conformance with
the approved tentative parcel map. The approval of a final subdivision map, which substantially
complies with the approved tentative map, is a mandatory ministerial act under State Law.
Parcel one has an existing residence. Parcel two is currently vacant.
FISCAL IMPACT:
None
ATTACHMENTS:
1. Development Fee Checklist
2. Fees & Securities Report
3. Project Vicinity Map
4) Parcel Map No. 33386
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. PARCEL MAP NO. 33386
Staff reviewed the following fees relative to their applicability to this project.
FEE
Development Impact Fee
Quimby Fee
Flood Control (ADP) Fee
CONDITIONS OF APPROVAL
to be paid prior to issuance of certificate of
occupancy
to be paid prior to issuance of building
permit
Not Applicable
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
PARCEL MAP NO. 33386
DATE: December 12,2006
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY
SECURITY
Street and Drainage $ 0.00 $ 0.00
Water $ 0.00 $ 0.00
Sewer $ 0.00 $ 0.00
TOTAL $ 0.00 $ 0.00
Monumentation $ 2,000.00
DEVELOPMENT FEES
RCFC&WCD (ADP) Fee $ N/A
Development Impact Fee $ *TBD
SERVICE FEES
Planning Fee $ 305.00
Fire Fee $ 216.00
TCSD Fee $ 148.00
Plan Check Fee $ 3,084.00
Monumentation Inspection Fee $ 287.00
Fees Paid to Date $ 4,040.00
Balance of Fees Due $ .00
*To Be Determined
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ITEM NO. 16
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Mitch Aim, Chief of Police
DATE:
December 12, 2006
SUBJECT:
Purchase and Implementation of Handheld Traffic Citation System
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION:
That the City Council:
1. Approve the Purchase and I nstallation Agreement with Crossroads Software Inc. in
the amount of $63,130.96 to purchase and implement a handheld traffic citation system.
2. Authorize the City Manager to approve additional work up to 10% of the amount of
the Agreement, not to exceed a total amount of $6,313.10.
BACKGROUND: The Temecula Police Department has been actively researching
technology solutions in order to streamline processes and meet the growth of our City. One solution
identified is a handheld traffic citation system which will allow our Officers to enter and print citations
electronically in the field, "sync" up with our traffic database at the station and storefronts, and
download the information directly to the courts. This new system will allow us to put our Officers in
the field enforcing laws and educating the public rather than entering citations and compiling
statistics.
In October 2006, the Office ofTraffic Safety awarded the City $122,177 in funding toward education
and enforcement. $48,977.10 of the grant is earmarked toward purchase of 13 handheld traffic
citation systems. The Bureau of Justice Assistance awarded the City an additional grant of $14,966
to purchase six more traffic citation systems. The grant funding equals a total amount of $63,943,
which will equip the entire traffic team.
On October 9th 2006, requests for proposals were sent out to six vendors. The request was also
posted on the City's website. Six proposals were received from qualified vendors. Crossroads
Software, Inc. was selected. Their bid price was the lowest and their solution closely meets the
business processes of the Temecula Police Department. In addition, their system easily interfaces
with the department's existing traffic collision database which is also a Crossroads system.
FISCAL IMPACT: Adequate funds exist within the Police Department budget (001-170-
503-5242 and 001-170-502-5242) and will be reimbursed through grantfunds.
ATTACHMENTS:
Purchase and Installation Agreement
CITY OF TEMECULA
PURCHASE AND INSTALLATION AGREEMENT
This Purchase and Installation Agreement ("Agreement") is made and entered into as
of December 12, 2006 by and between the City of Temecula ("City"), a municipal corporation, and
Crossroads Software, Inc. ("Vendor"). In consideration of the mutual covenants and promises
contained herein, the parties agree as follows:
1. Purchase and Sale of Eauipment. On and subject to the terms and
conditions set forth in this Agreement and the Contract Documents, Vendor agrees to
manufacture, sell and deliver to the City a Handheld Traffic Citation System, that shall perform
as required in Section 3, below ("the System" hereinafter).
2. Purchase/Installation Price. The Purchase and Installation price which City
agrees to pay to Vendor for the Equipment and service is Sixty Three Thousand, One Hundred and
Thirty Dollars and Ninety Six Cents ($63,130.96). The Purchase price is final and shall be paid by
City to Vendor in accordance with Exhibit B. Within thirty (30) days of receipt of an invoice, Vendor
shall be paid thirty-three percent (33%) of the total purchase price upon mutual execution of this
Agreement, thirty-three percent (33%) of the total purchase price upon delivery, fob destination, of
all Hardware in apparently undamaged condition, and nineteen percent (19%) of the total purchase
price upon successful completion of acceptance testing, as required in Section 3, below. The City
shall retain the balance of the total purchase until the System has performed for not less than thirty
days in complete conformance with the Scope of Work, Exhibit A.
The City Manager is authorized to approve additional work up to ten percent (10%) of the amount of
the Agreement but in no event shall the total sum of the Agreement exceed a total purchase amount
of Sixty Nine Thousand, Four Hundred and Forty Four Dollars and Six Cents ($69,444.06). Any
additional work in excess of this amount shall be approved by City Council.
3. Scope of Work. Vendor shall manufacture and install the Equipment as
described in the Scope of Work and Pricing Sheet. When complete, the System shall perform as
described in the Scope of Work/System Description, consisting of the document entitled "Scope of
Work", City's Request for Proposals and Vendor's Proposal, all of which are attached hereto,
marked collectively as Exhibit A and incorporated by reference herein. In the event of any conflict
between terms or conditions of the documents comprising Exhibit A, the Scope of Work/System
Description, then the City's Request for Proposals shall govern. The equipment and software
comprising the System shall include all equipment, software and related materials listed in Exhibit B,
"Pricing Sheet", attached hereto and incorporated by reference herein (collectively, 'the Equipment"
hereinafter). Training and all other deliverables to be provided hereunder are also set forth in
Exhibit B.
Vendor shall provide and furnish all 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/System Description. The Work shall be completed
within the time set forth in Section 7, or an agreed upon schedule. Vendor shall not commence the
Work until such time as directed by the City.
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Prior to acceptance of the System by the City, the Vendor shall successfully complete
acceptance testing, as specified in the Scope of Work/System Description.
4. Representations and Warranties of Vendor. Vendor makes the following
representations and warranties to City:
a. Authoritv and Consents. Vendor warrants that it has the right, power,
legal capacity and authority to enter into and perform its obligations under this
Agreement. No approvals or consents of any persons are necessary in connection
with Vendor's execution, delivery, installation and performance of this Agreement,
except for such as have been obtained on or prior to the date hereof. The execution,
delivery, installation and performance of this Agreement by Vendor have been duly
authorized by all necessary action on the part of Vendor and constitute the legal,
valid and binding obligations of Vendor, enforceable against Vendor in accordance
with their respective terms.
b. Title and Operatinq Condition. Vendor warrants that it has good and
marketable title to, and the legal right to fully convey ownership of, all of the
Equipment manufactured and installed. All of the Equipment are free and clear of
any restrictions on or conditions to transfer or assignment, and, excepting the
Software which is licensed to City pursuant to Exhibit C, "Crossroads Collision
Database Software License Agreement", and any third party licensed software, City
will acquire absolute title to all of the Equipment free and clear of mortgages, liens,
pledges, charges, encumbrances, equities, claims, covenants, conditions and
restrictions except for such as may be created or granted by City. All of the
Equipment are in good operating condition, are free of any defects, and are in
conformity with the specifications, descriptions, representations and warranties set
forth in the Contract Documents. Vendor is aware the City is purchasing the
Equipment for use in issuing and recording traffic citations and that City is relying on
Vendor's warranties that the Equipment is fit for this purpose and the ordinary
purposes for which the Equipment is normally used.
c. Warrantv Aqainst Proprietarv Infrinqement. Vendor hereby expressly
represents that it has sole proprietary interest, or has otherwise paid any and all
applicable licenses or other fees and costs, as to any and all software, hardware and
related materials which it may provide City in the performance of this Agreement.
Vendor agrees to indemnify, defend and hold free and harmless, City and its elected
officials, officers, servants and employees from any and all claims, demands,
liabilities, actions, causes of action, penalties, obligations, costs or expenses claimed
by any person or entity as a result of an alleged infringement of any proprietary or
intellectual property interest arising out of City's use, or Vendor's provision of, any
and all software, hardware and related materials provided by Vendor pursuantto this
Agreement. Vendor may, at City's option, conduct the defense in any such action
with counsel satisfactory to City, and City shall cooperate in good faith with such
defense.
In addition to providing for City's defense in the event of any claim of proprietary
infringement, Vendor shall replace such software, hardware and/or related materials
without additional charge, with a compatible, functionally equivalent and
noninfringing product, modify the software, hardware and/or related materials to
avoid the infringement, or obtain, at Vendor's expense, any necessary license in
order for City to continue to use of such software, hardware and/or related materials.
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d. Vendor further warrants that for the duration of the time the System
and all software is owned by the City of Temecula pursuant to this Agreement, it
shall perform in substantial compliance with the Scope of Work/System Description,
Exhibit A. During this warranty period, Vendor shall, at its sole expense, repair any
part or all of the software necessary in order for the System to perform as required
by this warranty. The Hardware provided by the vendor will be covered by
manufacturer's warranties to include a two year no fault replacement warranty on all
Dell Axioms through Dell Corp.
e. Full Disclosure. None of the representations and warranties made by
Vendor in this Agreement contain or will contain any untrue statement of a material
fact, or omits to state a material fact necessary to make the statements made, in light
of the circumstances under which they were made, not misleading.
5. Performance. Vendor shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Vendor hereunder in meeting its obligations under this
Agreement.
6. Citv Approval. All labor, materials, tools, equipment, and services shall
be furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may
include reasonable tests and use of the Equipment by City. If, in the determination of City, any of
the Equipment is damaged, or based on appearance fails to conform to the Agreement IN ANY
MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the
Equipment to City.
7. Time of Deliverv/Completion. The date of delivery of all of the
Equipment shall be on or before September 1,2007. Installation, including all required training, and
the balance of all work specified in the Scope of Work/System Description shall be completed on or
before September 1, 2007.
8. Place of Deliverv. The Equipment shall be delivered to this location:
Temecula Police Station - 30755-A Auld Rd., Murrieta, CA 92563.
9. Reiection. In the event of such notice of non-conformity by City pursuant
to Section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept
the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the
Equipment and reject the remainder or the Installation. The exercise of any of the above options
shall be "without prejudice" and with full reservation of any rights and remedies of City attendant
upon a breach. In the event of such notice and election by City, City agrees to comply with all
reasonable instructions of Vendor and, in the event that expenses are incurred by City in following
such instructions, Vendor shall indemnify City in full for such expenses.
10. Strict Compliance Required. This Agreement calls for strict
compliance. Vendor expressly agrees that both the Equipment and Installation tendered and the
tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In
the event of rejection by City of the whole of the Equipment or any part thereof pursuant to
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Section 6, City may, but is not required to, accept any substitute performance from Vendor or
engage in subsequent efforts to effect a cure of the original tender by Vendor.
11. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees, agents and volunteers from and against any and
all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its
officers, officials, employees, agents or volunteers 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 or from the use of
the Equipment or Vendor's activities permitted or required by this Agreement, excepting only liability
arising out of the sole negligence of the City.
12. Contract Documents.
a. In addition to this City of Temecula Purchase and Installation
Agreement, the Contract Documents also include the following documents, which
are by this reference incorporated herein and made a part hereof: (1) Scope of
Work/System Description, City's Request for Proposals ("RFP") dated October 9,
2006, Vendor's Proposal dated October 30, 2006 Exhibit A hereto, Pricing Sheet
dated October 30, 2006, Exhibit B hereto, and the Crossroads Collision Database
Software License Agreement, Exhibit C hereto.
b. In the event of a conflict between any term or condition setforth in any
of the Contract Documents, the terms and conditions in this Agreement shall prevail
over the RFP and the Vendor's Proposal in response to the RFP, and the RFP shall
prevail over the Vendor's Proposal in response to the RFP.
13. Default of Vendor.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event the Vendor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder
arises out of causes beyond the Vendor's control (not including failures of any subcontractor or
supplier of Vendor), and without fault or negligence of the Vendor, it shall not be considered a
default.
b. If the City Manager or his delegate determines the Vendor is in default in the
performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with
written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice
in which to cure the default by rendering a satisfactory performance. I n the event the Vendor 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.
14. Liabilitv Insurance. Vendor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Vendor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
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(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. Vendor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Vendor shall procure a
bond or post other security satisfactory to the City, guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Vendor; products and completed
operations of the Vendor; premises owned, occupied or used by the
Vendor; or automobiles owned, leased, hired or borrowed by the
Vendor. 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 Vendor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Vendor's insurance and shall not contribute
with it.
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(3) Anyfailure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
(4) The Vendor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the City.
f. Verification of Coveraqe. Vendor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
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 Vendor's insurer may provide complete,
certified copies of all required insurance policies, including endorsements affecting the coverage
required by these specifications.
15. Survival of Representations and Warranties. All representations,
warranties, covenants and agreements of the parties contained in this Agreement shall survive the
execution, delivery, installation and performance of this Agreement.
16. Leqal Responsibilities. The Vendor shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. The Vendor 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 byfailure of the Vendor to comply with this section.
17. Prohibited Interest. No officer, or employee of the City of Temecula shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or
Vendor's sub-contractors for this project, during his/her tenure or for one year thereafter. The
Vendor 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 Vendor or Vendor's sub-contractors on this project. Vendor
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.
18. Independent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control.
Neither the City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as
set forth in this Agreement. Vendor 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 of
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Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liabilitywhatever
against the City, or bind the City in any manner.
19 Assiclnment. The Vendor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, nor shall Vendor subcontract any
required performance, without prior written consent of the City.
20. Notices. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice:
To City at:
City of Temecula
43200 Business Park Drive
Temecula, California 92589
Attn: City Manager
To Vendor at:
Crossroads Software, Inc.
210 W. Birch Street, #207
Brea, CA 92821
Attn: Jeff Cullen
21. GoverninQ Law and Venue. The City and Vendor 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.
22. Entire AQreement. 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 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. No
representation or promise, express or implied, written or verbal, that is not set forth herein shall be
binding or have any force or effect.
23. Authoritv To Execute This AQreement. The person or persons executing
this Agreement on behalf of Vendor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the
performance of its obligations hereunder.
24. Attornevs Fees. The prevailing party in any litigation brought for breach,
or to enforce any provision, of this Agreement, shall be entitled to recover its reasonable attorneys
fees, experts costs and all other costs of litigation.
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IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on 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
Vendor
Crossroads Software, Inc.
210 W. Birch Street, #207
Brea, CA 92821
Attn: Jeff Cullen
Phone: (714) 990-6433
By:
Name:
Title:
By:
Name:
Title:
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EXHIBIT A
SCOPE OF WORK/SYSTEM DESCRIPTION
The System required to be provided by the Vendor is a fully automated handheld citation system.
This system must be user friendly and compact, allowing motorcycle and patrol Officers to quickly
and easily issue and print traffic citations in the field. The City is looking for a turnkey solution
implemented by a consultant Project Manager which will conform to existing business rules as
outlined by the consultant at the start of the project. The system shall be implemented completely to
include daily synchronization with the City's Traffic citation database (Crossroads) and allowing
Police Department staff to easily upload information to the Riverside County Courts. Implementation
will include working with the Courts to determine the proper data and procedural format. Although
wireless real-time synchronization is not required atthis time, the ability to upgrade in the future is a
consideration.
The system shall be capable of running within the Windows Pocket PC or Windows Mobile 5
operating systems and geared toward personal handheld use and capable of communicating with 4
inch Bluetooth thermal printing devices. All printed citations shall comply with California Judicial
Council requirements as to size and content for form TR-130. Software package shall be modular in
nature with the capacity of adding any possible future application integrations such as collision, DUI,
and field interview applications. The software package shall also provide integration capabilities for
Records Management Systems (RMS), and court records management system. The handheld
system shall integrate with the Crossroads Software Collision Database system for analysis.
The software package shall provide the ability to modify various configurable items with rapid
dissemination methods. The system shall also provide the ability to upgrade, if applicable, any
desktop or handheld application upon use with limited user involvement.
Requirements within the citation application:
The handheld report writing system shall be written in a manner in which the use of configurable
drop down lists and multi-check boxes are used to minimize data entry and maximize officer
productivity. The package shall also provide functionality for reading data presented on the
magnetic strips on the reverse side of an individual's driver's license and populate data fields within
the handheld citation application. Software shall also provide a wealth of configurable items, such as
violation codes, makes, models, styles, hair and eye colors, and court information to include day and
night court dates and court dark date configurability. The software package shall provide a citation
"ticket book" formatting system similar to that of paper tickets issued with the ability to configure
ticket, letter prefix, and with the abilityto issue ticket books of consecutive citations to officers, with a
configurable ticket book size and minimum threshold for number of cites on each handheld before
new books are automatically issued.
The citation system shall also provide violator signature, photo, and fingerprint (at 500 dpi) capturing
capability. The system should provide the capability to write up to four violations per citation and
shall include the ability to create and print a continuation form. Continuation form printouts shall also
comply with California Judicial Council requirements as to size and content for form TR-1 08.
Securitv InteQration:
The system shall provide configuration and options for login security. Desktop security shall provide
a multi-leveled user and authentication methodology for establishing access rights for various
desktop functions. Handheld security shall provide a configurable username and authentication
process prior to gaining entry into any citation software module.
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Acceptance TestinQ:
The Vendor shall perform testing of the System, individually and as an integrated system, pursuant
to an agreed upon schedule and utilizing a testing protocol acceptable to the City. The testing
protocol shall demonstrate that each component of the System, and the entire System, performs as
specified in this Scope of Work/System Description.
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EXHIBIT B
PRICING SHEET
DESCRIPTION UNIT UNIT PRICE QUANTITY EXTENDED PRICE
Handheld Citation Software Crossroads $15,000.00 1 $15,000.00
Citation Software
Handheld Devices - rugged yet Dell Axim x51 $650.00 19 $12,350.00
compact PDAs
Bluetooth Printers with built-on Zebra RW420 $850.00 19 $16,150.00
Mag Stripe Readers
Printer Wall Chargers Zebra Charger $54.00 19 $1,026.00
Printer Car Chargers Zebra Charger $82.00 19 $1,558.00
128MB Secure Memory Cards for Basic SD Card $45.00 19 $855.00
Handheld
Card Readers for Sync Stations Basic card reader $25.00 8 $200.00
Printer paper/Cites Zebra $4.00 30,000 $1,600.00
cites
Thumbprint reader for handheld Biohub $185.00 19 $3,515.00
unit Thumbprint
readers
Sync Software (middleware to Crossroads Sync $1,200.00 1 $1,200.00
Crossroads if required) and Software
Export Software
Installation (include travel costs, if Crossroads Included 1 Included
any)
Training (include travel costs, if Crossroads $450.00 2 $900.00
any) - 19 users
Upgrade maintenance (if Crossroads N/A N/A
available) (Annual Cost)
Tech Support (Annual Cost) Crossroads N/A N/A
System Maintenance and Crossroads $2,000.00 (after 1 $2,000.00
Support (Annual Cost) first year)
PDA Cases Otter Box $170.00 19 $3,230.00
Camera (for CF card slot on Flycam Lifeview $190.00 2 $380.00
handhelds) (optional)
SUBTOTAL $59,964.00
SALES TAX $3,166.96
LABOR $0
OTHER COSTS (PLEASE ITEMIZE ON SEPARATE SHEET) $0
TOTAL PRICE $63,130.96
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PAYMENT SCHEDULE
% of Total
33%
33%
19%
15%
Amount
$20,833.22
$20,833.22
$11,994.88
$9,469.64
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EXHIBIT C
Crossroads Collision Database
Software License Agreement
The software accompanying this License, whether on disk, in read only memory,
or on any other media (the "Software") and related documentation are licensed
byVendor, Crossroads Software, Incorporated. City owns the disk on which the
Software is recorded and Crossroads Software retains title to the software and
related documentation. This License allows City to use the Software on multiple
computers located in a single office or department within a contiguous site (or
multiple offices, departments and sites) as further described in City's purchase
agreement, purchase order and/or contract. It also entitles the holder one copy
of the Software in machine-readable form for backup purposes only. City must
reproduce a copy the Crossroads Software copyright notice and any other
proprietary legends that were on the original copies of the Software. City may
also transfer all its license rights in the Software to another party, provided the
other party reads and agrees to accept the terms and conditions of this license.
The Software contains copyrighted material, trade secrets and other proprietary
material and in order to protect them City may not decompile, reverse engineer,
disassemble or otherwise reduce the Software to human-perceivable form. City
may not modify, rent, lease, loan, distribute or create derivative works based
upon the Software in whole or in part.
This license is effective until terminated. City may terminate this license at any
time by destroying the Software and related documentation and all copies
thereof. This license will terminate immediately without notice from Crossroads
Software if City fails to comply with any provisions of this license. Upon
termination City must destroy the Software and related documentation and all
copies thereof.
This Software is protected by United States Copyright Law and international
treaty provisions. This license agreement shall be construed, interpreted and
governed by the laws of the State of California.
If requested by the City, Crossroads Software enter into an agreement whereby
Crossroads Software shall deposit, and thereafter regularly update, the source
code to the Software, with a reputable software escrow company. City shall pay
for such escrow service, and shall be entitled to access the source code in the
event Crossroads Software ever ceases to maintain the Software at a fair
market rate, provided the City is not then in breach of this License.
(Copyright 1992-2006)
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ITEM NO. 17
Approvals
City Attorney
Director of Finance
City Manager
~
/J1l
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Aaron Adams, Assistant City Manager
DATE:
December 12,2006
SUBJECT:
Ball Field Naming-Patricia H. Birdsall Sports Park (at the request of Mayor Pro Tem
Washington)
RECOMMENDATION: That the City Council authorize the naming of the championship
softball field at the new Patricia H. Birdsall Sports Park to become known as the "Jacob A. Nelson
Championship Field."
BACKGROUND:
name the new state
Championship Field."
At the request of Mayor Pro Tem Washington, it is recommended to
of the art championship softball/baseball field the "Jacob A. Nelson
Jacob A. Nelson, son of City of Temecula City Manager Shawn Nelson, tragically passed away from
a car accident on October 22,2006. Jacob was an accomplished athlete and graphic artist; and his
father Shawn played an instrumental role in developing the City's park and recreation program when
he served as the City's first Community Services Director in 1990. Since that time, over 36 parks
have been added to the City's park and recreation system which continues to make the City of
Temecula a very unique community.
It is envisioned that an appropriate sign be installed on the backstop of this signature field naming it
the Jacob A. Nelson Championship Field. In addition, an appropriate plaque shall be installed
nearby honoring Jacob Nelson further explaining who he was and his legacy.
FISCAL IMPACT: Appropriate funding is remaining within the project budget for the
Patricia H. Birdsall Sports Park. It is estimated the cost for appropriate signage/plaque &
monumentation will not exceed $5,000.
ITEM NO. 18
Approvals
City Attorney
Director of Finance
City Manager
~("""
/112
(JO...,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Aaron Adams, Assistant City Manager
DATE:
December 12,2006
SUBJECT:
Park and Ride Agreement-Rancho Community Church
RECOMMENDATION: That the City Council approve in substantial form the attached Park
and Ride agreement for (100) spaces at the Rancho Community Church property.
BACKGROUND: As a part of the development of the Rancho Community Church site
located on Hwy 79 South, the City placed condition No. 43 of PAOO-0470 that requires the provision
of a park and ride facility in coordination with Public Works.
The mutually agreed upon number of spaces is one-hundred (100) to be located on Parcel 15 of
Parcel Map 30798, a paved parking lot west of Rancho Pueblo Road and north of Highway 79
South.
The growing demand for park and ride options drove this condition being added to the church
development and the City is working with Riverside County Transportation Commission (RCTC) to
add additional spaces to the inventory. Upon execution of the attached agreement by both parties,
the City can begin immediately advertising this available amenity. Appropriate signage and
installation will be procured and coordinated as quickly as possible.
It is staff's intent to utilize the park and ride map on the City's website, mall management and RCTC
to assist in the marketing, promotion and education about this new park and ride option.
FISCAL IMPACT: It is estimated the cost of signage and installation will not exceed
$5,000. Appropriate funding is available within Public Works line item 001-164-601-5244 for the
ordering and installation of appropriate signage.
Attachment: Park and Ride Agreement & Exhibit
THIS AGREEMENT WILL BE RECORDED
WITH THE COUNTY OF RIVERSIDE.
WHEN RECORDED. MAIL TO:
The City of T emecula
43200 Business Park Drive
Temecula, CA 92589
PARK AND RIDE LOT AGREEMENT
BETWEEN THE CITY OF TEMECULA
AND RANCHO COMMUNITY [REFORMED] CHURCH
1. PARTIES AND DATE
This Park and Ride Lot Agreement is made this 12th day of December, 2006
("Effective Date") by and among the City of Temecula ("City"), and the Rancho Community
[Reformed] Church ("Owner").
2. RECITALS
2.1 Owner is the owner of certain real property (the "Site"), located at 31300 Rancho Community
Way, in the City of Temecula, County of Riverside, California, Assessor's Parcel Number
959-070-021, and more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference; and
2.2 Owner desires to offer for public use a portion of the Site for the purpose of providing a Park
and Ride Lot; and
2.3 City desires to accept for public use said portion of the Site for Park and Ride use; and
2.4 City and Owner desire to reduce the full terms of their agreement to writing;
NOW, THEREFORE, in consideration of the above recitals, and the terms and conditions
contained herein, City and Owner agree as follows:
3. TERMS
3.1 Effective Date. This agreement shall be effective as of December 12, 2006, and continue in
effect until terminated at the request of either City or Owner in accordance with Section 3.5
below.
3.2 Reimbursement to Owner. There shall be no obligation on the part of the City for financial
reimbursement to Owner for the proposed use of the Site as a Park and Ride Lot
3.3 Use. The Park and Ride Lot shall be used by the public solely for the purpose of providing
parking for any individuals who commute to and from work The public shall be entitled to
the use of approximately 100 automobile parking spaces within the Site, in the locations
shown on the map attached hereto as Exhibit "B". The Park and Ride Lot shall be used only
as an automobile or vanpool parking lot, and only by members of the public traveling in
carpools or other ride-sharing vehicles for their horne-to-work commute. These members of
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the public shall be entitled to use the designated parking spaces, subject to certain Restrictions
as enumerated in Section 3.7, hereinbelow. The Park and Ride Lot shall not be accessible to
these members of the public for other commuting purposes unrelated to their home-to-work
commute. Owner agrees to provide City with written notice at least 48 hours prior to any
scheduled repairs or improvements or planned incidents that will make the Park and Ride Lot
inaccessible to these members of the public, except in cases of emergency. Owner agrees not
to engage in any other agreement or relationship pertaining to the Site with any other party
which includes any collection of fees or rent of any nature from the party or public related to
the public's home-to-work commute without the written approval of the City.
3.4 Signage. The City shall, at its own expense, place signs (i) within the Site to designate the
perimeters of the Park and Ride Lot and the designated spaces therein; and (ii) outside the
Site, on freeways (viz., I-IS) and streets, to disclose the existence of the Park and Ride Lot
and to provide directions to the Site. Such signs shall be placed in a manner consistent with
local laws and national standards for roadside information services and installations. The OR
Site signs shall be substantially in the locations shown in Exhibit "B", attached hereto and
incorporated by this reference, and shall be in a form used by the City for other park and ride
lots. The City shall retain the right to amend signage so long as such changes are consistent
with local ordinances and state law. Upon termination of this agreement, the City shall
remove such signs at its own expense and repair any damage related to the removal of said
sIgns.
Notwithstanding any other provision in this Agreement, except for the signs placed within or
outside of the Site pursuant to (i) or (ii) of the preceding paragraph in this Section 3.4, the
City may not construct any other improvements without the express written approval of the
Owner in its sole and absolute discretion.
3.5 Term. The term of this Agreement shall be from December 12, 2006, and shall continue
for an indefinite period, until terminated by either the City or the Owner, after a minimum of
sixty (60) days written notice by the terminating party to the other party.
3.6 Maintenance.
3.6.1 Except as provided in Section 3.6.2, throughout the term of this Agreement, Owner
shall maintain the Site and shall promptly and diligently repair, restore or replace
improvements which may become damaged or destroyed by any circumstance which
would render them unusable for the intended purpose of providing park and ride
facilities for public use; provided, however, the City, as applicable, shall promptly
repair and replace any damage they cause to the Site.
3.6.2 The City agrees to maintain and repair all signage improvements to the Park and
Ride Lot made pursuant to paragraph 3.4 above, for the term of this Agreement
3.6.3 Any landscaping, maintenance or repairs performed by Owner shall be carried out in
compliance with all laws, permits, licenses or other governmental authorizations,
rules, ordinances, orders, decrees, and regulations now or hereafter enacted, issued or
promulgated by federal, state, county municipal and other governmental agencies,
bodies and courts having or claiming jurisdiction and all insurance companies
insuring all or any part of the Site.
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3.7 Restrictions on Use. City, and Owner agree, as to the public's use of the Park and Ride Lt
pursuant to Section 3.3 above, the City shall:
3.7.1 Not allow weekend use of the Park and Ride Lot; the Park and Ride Lot shall be
available for use during the hours of 4:00 a.m. to 12:00 a.m. [Midnight], Mondays
through Fridays.
3.7.2 Not allow the overnight parking of automobiles, vans or buses.
3.7.3 Not use or permit or suffer the Park and Ride Lot to be used in any marmer which
would violate any license, permit or other governmental authorization which is
required for the lawful use of all or any portion of the Park and Ride Lot If any
license, permit or other governmental authorization is required for the lawful use of
this Park and Ride Lot for the purposes set forth in Section 3.3, City shall procure
and maintain the same throughout the term of this Agreement
3.7.4 Not permit any waste materials of any nature to be deposited upon or within the
boundaries of the Park and Ride Lot
3.7.5 Not keep, use, sell or offer for sale on the Park and Ride Lot any article, or conduct
any activity which City knows, or should know, is prohibited by any insurance
policy maintained by Owner or City.
3.8 Right of Entrv. Owner shall permit the City, or its agents to enter upon the Park and Ride Lot
at any reasonable time (other than on Sundays) to inspect the same and to cany on all
maintenance as required under this Agreement.
3.9 Utilities. Owner shall pay for all utilities serving the Park and Ride Lot
3.10 [Section deleted - Agreement binds successors and assigns under Section 3.21.l
3.11 Insurance. The City will, at times during the term of this Agreement take out and keep in
force at its own expense; (i) public liability insurance in the aggregate amount of not less than
$5,000,000 to protect the Owner and City, their officers, agents, and employees against any
liability to the public incidental to the use of, or resulting from the installation, maintenance or
use of the Park and Ride Lot; and (ii) property damage liability insurance in the amount of not
less than $1,000,000 to protect Owner and City, their officers, agents and employees against
any liability for damage to property, including property of Owner, caused by or resulting from
the installation, maintenance or use of the Park and Ride Lot City and Owner shall be added
as additional insured on such policy.
3.12 Indemnity.
3.12.1 City agrees, to the extent granted under California law, to indemnify, defend and
hold Owner and its officers, partners, employees, consultants and agents harmless
from any claims, judgments, damages, penalties, fines, costs, liabilities (including
sums paid in settlement claims), or loss including attorneys' fees, consultant fees and
expert witness fees which arise as a result of any negligent acts or omissions or
willful misconduct of City or violation of the terms of this Agreement in connection
with the operation and use of the Park and Ride Lot
3.12.2 Owner agrees, to the extent granted under California law, to indemnify, defend and
hold City and its officers, partners, employees, consultants and agents harmless from
any claims, judgments, damages, penalties, fines, costs, liabilities (including sums
paid in settlement claims), or loss including attorneys' fees, consultant fees and
expert witness fees which arise as a result of any negligent acts or omissions or
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willful misconduct of Owner in connection with the operation and use of the Park
and Ride Lot.
3.12.3 Surrender of Site. At the expiration of the term of this Agreement, City shall quit
and surrender possession of the Park and Ride Lot and its appurtenances thereto in as
good an order and condition as the Park and Ride Lot was delivered to City, and the
City shall remove any improvements or signage and repair any damage to the Park
and Ride Lot; excepting reasonable wear and tear by use and damage by the
elements.
3.12.4 Waiver. No waiver, benefit, privilege or service voluntarily given or performed by
any party shall give any other party any contractual right by custom, estoppel or
otherwise.
3.13 Compliance with Americans with Disabilities Act. Owner shall provide four (4) parking
spaces conforming to ADA Standards for Accessible Design as published in Title 24, Part II,
Volume 1 of the California Building Code Section 1129(b). Said parking spaces shall be a
minimum of 8 feet in width by 20 feet in length. Three of said spaces shall have an adjacent
clear area, 60 inches in width for wheel chair access. One of said spaces shall be for van
access and shall have a minimum clear area of 96 inches to accommodate both a wheel chair
and a mechanical lift hoist. All clear areas shall be diagonally striped and delineated in white
reflective paint on a blue background. Appropriate handicapped sym bols shall be stenciled on
all handicapped parking spaces, and the City shall provide appropriate handicapped signs for
said spaces.
3 14 Emergencv CommumcatIons EaUloment Owner shall provide an emergency wireless call
box, accessible to the physically-disabled and integrated with the Riverside County Service
Authority for Freeway Emergencies (SAFE) call box system. Arrangements shall be made
with the Riverside County Transportation Commission for the installation and maintenance of
said call box.
3.15 Access to Bus Turn-out on SR-79. Owner shall not construct or install any improvements on
the Site or take any other action which would impair the existing handicapped access to the
bus turnout located on the west-bound side of SR-79, southerly of the Park and Ride Lot.
3.16 Attornevs' Fees and Costs. If any legal action or other proceeding is brought for the
enforcement or defense of this Agreement, or because of any alleged dispute, breach, default,
or misrepresentation in connection with any provision of this Agreement, the prevailing party
shall be entitled to recover its reasonable attorneys' fees and other costs incurred in that action
or proceeding, in addition to any other relief to which it may be entitled.
3.17 Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of California. Any lawsuit brought to enforce this
Agreement shall be brought in an appropriate court in Riverside County, State of California.
3.18 Davs. Any term in this Agreement referencing time, days, or period for performance shall
be deemed to be calendar days and not work days.
3.19 Entire Agreement. This written document contains the entire agreement of Owner and City
and supersedes any prior oral or written statements or agreements between the parties. No
supplement, modification, or amendment of this Agreement shall be binding unless executed
in writing by all parties.
3.20 Binding on Assigns. Subject to the provisions of this Agreement relating to assignment, each
and all of the covenants and conditions of this Agreement shall be binding on and shall inure
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to the benefit of the heirs, successors, executors, administrators, assigns, and personal
representatives of the respective parties.
3.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute
one instrurn ent.
3.22 Captions. The captions of the various articles and paragraphs of this Agreement are for
convenience and ease of reference, only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement or of any part or parts of this Agreement.
3.23 Eminent Domain.
3.23.1 If any portion of the Park and Ride Lot is taken by eminent domain and a portion
remains which is usable by City for purposes set forth in paragraph 2, this
Agreement shall, as to the part taken, terminate without further liability or obligation
on the part of Owner or City as of the date title shall be vested in the condemnor, or
the date prejudgment possession is obtained through a court of competent
jurisdiction, whichever is earlier. However, in such event, Owner reserves the right
to terminate this Agreement without further liability or obligation on the part of
Owner or City as of the date when title to the part taken vests in the condemnor or of
such date of prejudgment possession.
3.23.2 lIthe entire Park and Ride Lot is taken by eminent domain, or such portion is taken
so that the Park and Ride Lot is rendered unusable for the purpose set forth in
Section 3.3, this Agreement shall terminate without further liability or obligation on
the part of Owner or City.
3.24 Incorporation of Recitals. The Recitals constitute a material part of this Agreement and are
incorporated by this reference as though fully set forth herein.
File: $ASQpdf831297 .doc
Page 5 of 6
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date first
written above.
CITY OF TEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, MMC
City Clerk
Appraved As to Form:
Peter M. Thorson
City Attorney
Rancho Community Church
By:
Name:
Title:
By:
Name:
Title:
File: $ASQpdf831297 .doc
Page 6 of 6
EXHIBIT "A"
Park and Ride Agreement
Rancho Community Church
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TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NO. 19
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
NOVEMBER 28, 2006
A regular meeting of the City of Temecula Community Services District was called to order at
7:51 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
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.
R:\Minutes\112806
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
maintenance services and the addition of new and supplemental landscape
maintenance service areas for $1 ,721,107.00 plus a 10% contingency.
MOTION: DirectorWashington moved to approve the Consent Calendar. Director Edwards
seconded the motion and electronic vote reflected unanimous approval.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
Director of Community Services Parker invited the community to attend the City's Christmas
Tree Lighting Ceremony to be held on Thursday, November 30, 2006, at 7:00 p.m. at the
Temecula Duck Pond. Mr. Parker also advised of the Christmas Parade to be held on Friday,
December 1, 2006, at 7:00 p.m. Referencing the Patricia H. Birdsall Sports Park, Mr. Parker
informed that the Park Grand Opening will be held on Saturday, December 2, 2006, at 12:00
p.m.
CSD GENERAL MANAGERS REPORT
No additional comments.
CSD BOARD OF DIRECTORS REPORTS
No additional comments.
CSD ADJOURNMENT
At 7:54 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, December 12, 2006, at 5:30 p.m., for a Closed Session, with regular session
commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/District Secretary
[SEAL
R:\Minutes\112806
2
ITEM NO. 20
Approvals
City Attorney
Director of Finance
City Manager
V
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TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D. Parker, Director of Community Services
DATE:
December 12, 2006
SUBJECT:
Rizzo Construction, Inc. Agreement
RECOMMENDATION:
That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. CSD 06-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY
SERVICES DISTRICT APPROVING A CONSTRUCTION AGREEMENT WITH RIZZO
CONSTRUCTION FOR THE PATRICIA H. BIRDSALL SPORTS PARK CONCESSION STAND
IMPROVEMENTS
BACKGROUND: With the completion of the Patricia H. Birdsall Sports Park it is necessary to
provide for tenant improvements for the concession area. These improvements include plumbing
lay-out, window modification and covers, trash enclosure per Health Department requirements for
food service activities, kitchen flooring and food service equipment assembly and installation.
Another specialized improvement is the commercial exhaust hood and fan, and associated fire
suppression system in the attic. By utilizing Rizzo Construction in this capacity the City is saving
approximately $250,000. The estimate from the General Contractor for this additional work was over
$400,000 and would require a contract amendment. As noted, this agreement represents a very
competitive price of $115,020 plus a 10% contingency from a reputable local company, Rizzo
Construction. Rizzo Construction has also been awarded annual City Maintenance Agreements and
is utilized on a regular basis. With this action the concession area tenant improvements will be
completed in timely manner.
FISCAL IMPACT: Adequate funds are available to fund this contract in the amount of $115,020
and the 10% contingency of $11,502 in the Capital Improvement Budget, Patricia H. Birdsall Sports
Park Project..
ATTACHMENTS:
Resolution
Agreement
RESOLUTION NO. CSD 06-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECUlA COMMUNITY SERVICES DISTRICT
APPROVING A CONSTRUCTION AGREEMENT WITH
RIZZO CONSTRUCTION FOR THE PATRICIA H.
BIRDSAll SPORTS PARK CONCESSION STAND
IMPROVEMENTS
THE BOARD OF DIRECTORS OF THE TEMECUlA COMMUNITY
SERVICES DISTRICT RESOLVES AS FOllOWS:
Section 1. The Board of Directors of the Temecula Community Services
District hereby finds, determines and declares that:
a. The Temecula Community Services District ("TCSD")
is currently completing the Patricia H. Birdsall Sports Park ("Sports Park").
A portion of the facilities included the construction of a concessions stand.
The improvements to the interior of the concessions stand was not bid as
part of the original project as the concessionaire had not yet been selected
nor had the specific requirements been established for the food service
areas.
b. It is necessary to specially bid the concession stand
interior improvements so that they may be completed concurrently with the
commencement of play in the Sports Park. It is also necessary to
specially bid the concession stand interior improvements, as the TCSD
was unable to reach agreement with the Sports Park contractor for the
improvements. Rizzo Construction is one of the contractor's on the City's
list of contractors available for informal public works bids pursuant to
Public Contracts Code Section 22304. The bid of Rizzo Construction for
the Sports Park concession building improvements is consistent with the
TCSD engineer's estimate and lower than other quotations received for
the work.
c. Based on the findings set forth above, the Board of
Directors of the Temecula Community Services District hereby finds and
determines that the method of selecting the contractor for the Patricia H.
Birdsall Sports Park concession building interior improvements has
enabled the TCSD to obtain excellent bids from qualified contractors in a
short period of time so as to allow for the prompt completion of the work in
conjunction with the opening of the Sports Park and the protection of the
public health, safety and general welfare. The Board of Directors of the
Temecula Community Services District further finds and determines that
based upon the findings set forth above, full compliance with the otherwise
applicable requirements of the Public Contracts Code would be unavailing,
would not produce an advantage for the City, and would thus be
undesirable, impractical, and impossible. The City's authority to proceed
with the structural renovation in this manner was established in Graydon v.
Pasadena Redevelopment Agency et al. (1980) 104 Cal. App. 2nd 631 and
the cases cited therein.
Section 2. The City of Temecula hereby approves that certain
Agreement between the City and Rizzo Construction, Inc. in the amount of
$115,020.00 for the Patricia H.Birdsall Sports Park concession building interior
improvements and authorizes the President to execute the Agreement in
substantially the form submitted to the Board and further approves a ten percent
(10%) contingency of $11 ,502.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City of Temecula this 1 ih day of December, 2006.
Jeff Comerchero, President
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 Community
Services District of the City of Temecula, do hereby certify that the foregoing Resolution
No. CSD 06-_ was duly and regularly adopted by the Board of Directors of the Temecula
Community Services District of the City of Temecula at a meeting thereof held on the 1 ih
day of December, 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
TEMECULA COMMUNITY SERVICES DISTRICT
MINOR CONSTRUCTION AGREEMENT
WITH RIZZO CONSTRUCTION INC.
THIS CONSTRUCTION AGREEMENT made and entered into as of December 12, 2006
by and between the Temecula Community Services District, ("City") and RIZZO CONSTRUCTION INC.
("Contractor"). In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as
follows:
1. SCOPE OF WORK. Contractor recognizes' and agrees that this Agreement is for the
purpose of establishing a contractual relationship between the City and the Contractor for the future repair,
improvement, maintenance and/or construction upon real and personal property ofthe City ofTemecula. Work
will include emergency repairs, emergency maintenance, maintenance work, and/or minor construction work.
The work under this Agreement is non-exclusive and Community Services District reserves the right to hire
other contractors to perform similar work. The Scope of Work is set forth procedure for assigning work is set
forth in Exhibit" A" attached hereto and incorporated herein as though set forth in full. The Director of
Community Services ("Director"), or his designee, is authorized to approve the work in accordance with the
procedures ofthis Agreement.
2. TERM OF AGREEMENT. This Agreement shall commence as of Decem ber 12,2006
and shall terminate as of June 30, 2007 unless sooner terminated as provided in this Agreement.
3. PAYMENT.
a. Contractor shall be compensated for actual work performed and set forth in Exhibit
"A". The maximum amount of payment under this Agreement shall be One Hundred Fifteen Thousand and
Twenty Dollars and No Cents ($115,020) unless a higher amount is approved by the City Council by
amendment to this Agreement.
b. Contractor will submit invoices monthly for actual services performed. Invoices shall
be submitted between the first and fifteenth day of each month for services provided during the previous
month. The invoice shall describe the approved work assignment under which the work has been performed.
Payment shall be made within thirty (30) days of receipt ofthe invoice as to all non-disputed fees. Ifthe City
disputes any ofthe Contractor's fees, it shall give written notice to the Contractor within thirty (30) days of
receipt ofthe invoice ofthe disputed fees on the invoice. The City Manager may approve additional work up to
ten percent (10%) ofthe amount ofthe Agreement, but in no event shall the total sum ofthe agreement exceed
One Hundred Twenty-Six Thousand Five Hundred Twenty Two Dollars ($126,522). Any additional work in
excess ofthis amount shall be approved by the City Council.
4. PERFORMANCE. Contractor shall at all times 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. Contractor shall cause
a full time experienced Superintendent to be present on the site during all construction and to oversee and
supervise the Work.
5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed subject to the approval of the City or its authorized representatives, and the
quality ofthe workmanship shall be guaranteed for one year from date of acceptance.
6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2.,
above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out ofthis
contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the
c:\ WINDOWS\apsdoc\nettemp\2008\$ASQpdf830549.doc
City under or arising out ofthis Contract except those previously made in writing and request for payment.
Contractor shall be required to execute an affidavit, release and indemnifY agreement with each claim for
payment.
7. PREVAILING W AGES. Pursuant to the provisions of Section 1773 ofthe Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director ofthe Department ofIndustrial Relations. These rates are
on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office ofTemecula. Contractor
shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a
minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 177 5 of the Labor Code, Contractor shall forfeit to the
District, 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 ofthe provisions ofthe Contract.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or tenninate
this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written
notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement,
unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such
suspension or tennination shall not make void or invalidate the remainder ofthis Agreement.
b. In the event this Agreement is tenninated 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 tennination of the Agreement pursuant to this Section, the Contractor
will submit an invoice to the City pursuant to Section 3.
9. 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, the
City shall have no obligation or duty to continue compensating Contractor for any work performed after the
date of default and can tenninate 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 ofthe Contractor, it shall not be considered a default.
b. If the City Manager or his delegate detennines that the Contractor is in default in the
performance of any ofthe terms or conditions ofthis Agreement, it shall serve the Contractor with written
notice ofthe default. The Contractor shall have (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other provision of this
Agreement, to tenninate 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.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnifY, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents
and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions in perfonning or failing
to perform under the terms ofthis Agreement, excepting only liability arising out ofthe sole negligence ofthe
City.
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11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration ofthe
contract insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope ofInsurance. 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) covenng
Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State of Calif ami a and
Employer's Liability Insurance.
b. Minimum Limits ofInsurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily lllJUry and
property damage.
(3) Employer's Liability: $1,000,000 per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City Manager. At the option ofthe 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 oflosses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are
to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or volunteers.
(2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insured maintained by the
City, its officers, officials, employees or volunteers shall be excess ofthe
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
City, its officers, officials, employees or volunteers.
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(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. Acceptability ofInsurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Contractor shall fumish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the
City. All endorsements are to be received and approved by the District 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 effecting 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 ofthe work ofthis Contract."
12. TIME OF THE ESSENCE. Time is ofthe essence in this Contract.
13. 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 the 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 the City in any manner. 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, the City shall not pay salaries, wages, or other compensation to Contractor for performing services
hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for
injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply
with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure ofthe Contractor to comply with this section.
15. 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 the City
for purposes ofletting this Contract out to proposal will be accepted as an excuse for any failure or omission on
c:\ WINDOWS\apsdoc\nettemp\2008\$ASQpdf830549.doc
the part ofthe Contractor to fulfill in every detail all requirements ofthis Contract. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
16. 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 ofthe laws ofthe State of California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as
may be engaged in the performance ofthis Contract, shall at all reasonable times be subject to inspection and
audit by any authorized representative ofthe City.
18. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating
utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate
regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by the City and its
authorized representatives during manufacture and construction and all other times and places, including
without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be
performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made
within a reasonable time after completion ofthe Work.
21. 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
handi cap.
22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party
under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other address as that
party may later designate by N oti ce:
To City:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Rizzo Construction Inc.
30145 Corte Plata
Temecula, CA 92591
c:\ WINDOWS\apsdoc\nettemp\2008\$ASQpdf830549.doc
Phone (909) 676-3001
23. ASSIGNMENT. The Contractor shall not assign the performance ofthis Agreement, nor any
part thereof, nor any monies due hereunder, without prior written consent ofthe City of Temecula.
24. LICENSES. At all times during the term ofthis 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.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws ofthe
State of California shall govern the rights, obligations, duties and liabilities ofthe parties to this Agreement and
also govern the interpretation ofthis Agreement. Any litigation concerning this Agreement shall take place in
the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event of
litigation between the parties concerning this Contract, the prevailing party as detennined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
26. PROHIBITED INTEREST. No member, officer, or employee of the City ofTemecula or of
a local public body shall have any interest, direct or indirect, in the contract ofthe proceeds thereof during
his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, or in the business ofthe contracting party other than the City of Temecula, and
that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest would not be
considered a conflict of interest under Article 4 )cornrnencing with Section 1090) or Article 4.6 (commencing
with Section 1220) of Division 4 of Title I ofthe Government Code ofthe State of California.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations ofthe parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all facts such
party deems material.
28. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the day and
year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Jeff Comerchero, President
Attest:
Susan W. Jones, MMC, City Clerk
c:\ WINDOWS\apsdoc\nettemp\2008\$ASQpdf830549.doc
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
RIZZO CONSTRUCTION INe.
30145 Corte Plata
Temecula, CA 92591
(909) 676-3001
Contact Person Charles Rizzo
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
c:\ WINDOWS\apsdoc\nettemp\2008\$ASQpdf830549.doc
EXHIBIT "A"
See attached pages 1 and 2.
c:\ WINDOWS\apsdoc\nettemp\2008\$ASQpdf830549.doc
Rizzo
Construction Inc.
PROPOSAL
GENERAL CONTRACfOR
BONDED -INSURED - LICENSE NO. 624315
30145 CORTE PLATA - TEMECULA, CA..92951
OFFICE: (951) 676-3001 FAX: (951) 695-9210 (951) 326-7698
TO: CITY OF TEMECULA
COMMUNITY SERVICES DEPT.
43200 BUSINESS PARK DR.
TEMECULA, CA. 92590 .
PROJECT WOLF CREEK SPORTS COMPLEX
CONCESSION BUILFING KITCHEN
PflO}UE: )951)694-6480
PflO}UE:
DATE:
11/30/06
SPECIFICATIONS: PER PLANS & SPECS. & ADDITIONAL NOTES
We propose to furnish aU labor, material and equipment necessary to complete the following:
1. CONCRETE REMOVE & REPLACE AS REQUIRED PER THE PLUMBERS LAY-OUT. - $ 5,647.00
NOTE: I'LL ADJUST INVOICED PRICE UPON COMPLETION, BY WlfAT IS DEMOED.
2. WALLS: FURRING/DRYWALL/ FRP. (EXCLUDES ANY CEILING REPAIRS DO TO HOOD INSTALL) = $ 17,246.00
3. WINDOW MODIFICATION & COVERS ON FOUR ( 4 ) WINDOWS. = $ 30,600.00
4. TRASH ENCLOUSER WALLS & FLOOR (STUCCO & SEAL). = $ 14,252.00
5. KITCHEN FLOOR INSTALL EPOXY WITfl 6" QUARRY TILECOVE BASE (NOT RECOMME}UED) OR
QUARRY TILE FLOOR NON - SKID & 6" QUARRY TILE COVE BASE. = $ 8,287.00
6. FOOD SERVICE EQUlPT ASSEMBLLY & INSTALL (pER LIST) ITEMS #1, 2a, 2b, 4, 5a, 5b, 6,19,21, 32. ~ $ 4,076.00
NOTE: ITEM # 32 IS THE ONLY ITEM TO BE SUPPLIED BY RIZZO CONSTRUCTION INC.
NOTE: ITEM 8 ANSUL SYSTEM & 9 TYPE I flOOD NOT INCLUDED. I'L IIA VE PRICE }UEXT WEEK.
7. SUPERVISIbN TO RUN THE JOB, GET INSPECTIONS FOR BUILDING, HEALTII & FIRE.. ~ $5,000.00
For the total sum of
(Sales Tax Included) Dollars $85,108.00
Terms: CONTRACT P.O. PROGRESSIVE BILLING BI-WEEKL Y ON OUR WORK COMPLETED
-.
Performance of the work to be done in accordance with the best developed industry techniques.
The Company carries Workmans's Compensation and Public Liability and Property Damage Insurance
"- ".'~,;.
This bid is based on the current price oflabor and material. If not accepted within 10 days from date hereof, the right is reserved
to submit a new bid. If the services of an attorney be employed for the enforcement of any of the obligations of the purchaser, or of the
seller, either by suit or otherwise, purchaser agrees to pay reasonable attorney fees.
All orders accepted subject to clearance by our credit deparbnent and subject to signature of an officer of the Company at our direction.
AU agreements contingent upon strikes, accidents, acts of God, or other delays beyond our control.
BY
TITlJ!
NAME OF
OWNER
NAME OF
LENDER
ACCIlPTED
TITlJ!
DATE
12006 00:21
9516959210
RIZZO CONST INC
PAGE 02/02
Rizzo
Construction Inc.
PROPOSAL
GENERAL and INSULATION CONlRACfOR
BONDED . INSURED . LICENSE NO. 624315
P.O. BOX 301 TEMECULA. CA 92953
OFFICE: (909) 676-3001 . FAX: (909) 695-9210
TO: CITY OF lEMtlCULA
43:200 BUSINESS PARK DR.
. TEMBCULA, CA. 92590
A'lT: BRUCE WEDEKING
PROJECT WOLF CREEK SPORTS COMPLEX
CONCESSION Bun..DING KITCHEN
TBMBCULA. CA.
PHONE: 694-6480
PHONE:
DATE: 12/4106
Sl'EClFJCATIONS; EXHAUST HOOD & FIRE Sl.1J':RESSION SYSmM
We propose to WnJish Olllabor, material and equipment necessmy to complete the follOwing:
FURNISH & INSTALL ONE (1) 9' - 6" X 4' STAINLESS S'TlmL EXHAUST HOOD & FANllQUAL TO TIlE SPEC. UNIT.
FURNISH & INSTALL THE FIREPROOF BLANKET IN THE Arnc AROUND 1lJE DUCT.
REPAlR&PAINT ANY DRYWAJ..L CElLNGDAMAGES.
FURNISH & INSTALL ONE (1) FIRE SUPRESSJON SYSTEM EQUAL OR BEITER 11iEN THE SPEC. UN1T.
FURNISH SUPERVISION' FOR THE ABOVE. .
FURNISH CLBA1Il'-UP FOR THE ABOVE.
EXCJ:,UDES ANY & ALL ELECTRICAL F:,OR 1HE ABOVE.
\'\
TOTAL PRICE c $ 29,912.00
.
.
For the total sum of
(Sales T81( Inoluded) Dollars $29,912.00
Tenns: CONTRACT 1 PO
Perfonnance ofthp wotk to be done :in aCcordance with thp bestcle:veloped indusIIy techniques.
The Company carr.ies Wotkmans's Compensation and Publio Liabnily and Property Damage InSlll'lll\ce
~is. bid is basl'd on the current price of labor and material. Ilnot accepted JO days from date bereot: the right is TCServed
~t a new bid. If the services (If an attorney be emplO)'lld for the enforcement of any of the obligations of the purch~ or of the
seller, either by suit or otherwise, pW"Ohaser agrees to pay reaSimeble attorney fees. . ,
All otders aocepted subject to clearance by our cri:dit clep8l'tment lIJld subject 10 sIgnature of an officer ofthc Company at our direction.
All agreements contingent lIpon strikes, aocldeolS, OW of God, or other delays beyond our control. .
NAMBOF
OWNER
N'AMB OJ.'
LBNDER
TI'IUl
AC<:EP1'P,.o.
BY
mtB
""1B
,
DISTRICT BUSINESS
ITEM NO. 21
Approvals
City Attorney
Director of Finance
City Manager
~
I/Il
(J(L,
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Susan W. Jones, City Clerk/Director of Support Services
DATE:
December 12, 2006
SUBJECT:
Appointment of President and Vice President of the Community Services District
for Calendar Year 2007
RECOMMENDATION:
That the Board of Directors:
1. Entertain motions from the Board of Directors to appoint the President, effective January 1 ,
2007, to preside until the end of Calendar Year 2007.
2. Entertain motions from the Board of Directors to appoint the Vice President, effective
January 1, 2007, who will assume the duties of the President in the President's absence,
and hold this office until the end of Calendar Year 2007.
BACKGROUND: The Community Services District Board of Directors appoints a
member to serve as President and Vice President annually. These offices are assumed at the first
meeting of the Community Services District in January and the newly elected officers will preside
through the Calendar Year of 2007.
FISCAL IMPACT:
None.
ATTACHMENTS:
None.
REDEVELOPMENT
AGENCY
ITEM NO. 22
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
NOVEMBER 28, 2006
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:54
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
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.
MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency
Member Edwards seconded the motion and electronic vote reflected unanimous approval.
RDA DEPARTMENTAL REPORT
21 Redevelopment Departmental Monthlv Report
No additional comments.
RDA EXECUTIVE DIRECTORS REPORT
No additional comments.
R:\Minutes\112806
RDA AGENCY MEMBERS REPORTS
No additional comments.
RDA ADJOURNMENT
At 7:55 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, December 12, 2006, at 5:30 p.m., for a Closed Session, with regular session
commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Michael S. Naggar, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\112806
2
JOINT CITY COUNCIL
AND
RDA PUBLIC HEARING
ITEM NO. 23
Approvals
City Attorney
Director of Finance
City Manager
JM.('
IJIl
~
CITY OF TEMECULAlTEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/City Manager
Agency Members/City Council
FROM:
John Meyer, Redevelopment Director
DATE:
December 12, 2006
SUBJECT:
Fourth Amendment to the Disposition and Development Agreement for the
Temecula Education Center
RECOMMENDATION:
That the City Council/Temecula Redevelopment Agency:
1. That the City Council adopt a resolution entitled:
RESOLUTION NO. 06-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A FOURTH AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL
COMPLEX
2. That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 06-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING A FOURTH AMENDMENT TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL
COMPLEX
BACKGROUND: The AGK Group is in final negotiations with Mount San Jacinto
Community College and Concordia University to occupy classroom space within the Temecula
Education Center. Both educational partners are expected to take action in early December
confirming their participation at the Center and sign leases in January. The AGK Group is also
actively negotiating with several other colleges and universities.
Per the Terms of the DDA, prior to acquiring the property the AGK Group must a) have the
Education Towers (buildings 2, 3 & 4) fifty percent pre-leased; b) have the construction funding in
place and c) have approved construction plans for the education building and the apartments. Once
the leases are in place the AGK Group will be able to finalize its construction funding. The
constructions plans are nearly finished.
Because these requirements will not be accomplished prior to the current December 13, 2006
deadline, the proposed fourth amendment provides one final extension oftime until March 30, 2007.
During this time the AGK Group will need to complete the necessary leases, secure construction
funding, complete the construction drawings for buildings 2, 3, 4 and 11 and meet all the other
provisions contained in the DDA as amended and close escrow on the acquisition of the property.
The proposed amendment also removes construction deadlines for the retail buildings, day care
center and conference facility (Buildings 6, 7, 8, 9/10 and 12). This will allow the market to dictate
when these buildings will be constructed. Per the terms of the original DDA, The AGK Group cannot
sell or transfer these parcels until after construction, consistent with the approved Planned
Development Overlay, is completed.
FISCAL IMPACT: The Redevelopment Agency's Affordable Housing Fund will have
contributed nearly $4.2 million for the mass grading and surcharge performed at the Temecula
Education Center site. Three million dollars is the Agency's contribution to the construction of the
affordable housing units and $1.2 million will be reimbursed by the developer atthe close of escrow.
ATTACHMENTS:
Attachments
FOURTH AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT
AGREEMENT (the "Amendment") is dated as of December 12, 2006 and is entered into by and
between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body,
corporate and politic ("Agency") and AGK GROUP, LLC, a California limited liability company
("Developer").
RECITALS
A. Agency and Developer entered into a Disposition and Development Agreement
dated March 16, 2004, an Amendment to Disposition and Development Agreement dated
September 14, 2004, and a Second Amendment to Disposition and Development Agreement
dated December 7, 2004, and the Agency approved and signed a Third Amendment to
Disposition and Development Agreement dated as of June 28, 2005 (collectively, the "DDA").
The DDA provides for, among other things, the sale of certain land and improvements by
Agency to Developer (the "Property"), a loan by Agency to Developer to be used for the
development of a portion of the Property as an affordable rental project (the "Agency Loan"),
and the execution, delivery and recordation of a Regulatory Agreement between Agency and
Developer (the "Regulatory Agreement"). Capitalized terms used herein but not defined shall
have the meanings ascribed thereto in the DDA.
B. Agency and Developer have agreed to further modify the DDA as hereinafter set
forth.
NOW, THEREFORE, in consideration of the foregoing recitals and other consideration,
the adequacy of which is hereby acknowledged, Agency and Developer hereby agree as follows:
1. Close of Escrow and Completion of Certain hnprovements. Exhibit "D"
(Schedule of Performance) to the DDA is hereby revised to provide that the latest date for the
Close of Escrow for all Phases (and Subphases) of the Property shall be 5:00 p.m. on March 30,
2007.
2. Modification of Conditions to Closing; Estimate of Reimbursement Amount
Payable bv Developer as Condition to Closing.
(a) Items (vi) and (x) of Section 3.5 are hereby deleted.
(b) Item (xii) of Section 3.5 is hereby deleted and is hereby replaced with the
following paragraph:
"(xii) delivery to the Agency of evidence acceptable to the Agency that
all permits and governmental approvals for the development of the entire Project,
excluding Buildings 6, 7, 8, 9/10 and 12, in accordance with this Agreement have
been issued or are ready to be issued, all development related fees (excluding
permit fees and DIF and TUMF fees for Buildings 6, 7, 8, 9/10 and 12) have been
11087-0018\856259v6.doc
1
paid, and there are no unsatisfied conditions to the issuance of any such approvals
or permits."
(c) Item (xiv) of Section 3.5 is hereby deleted and is hereby replaced with the
following paragraph:
"(xiv) delivery to the Agency of final plans and specifications for the
Project (excluding the plans and specifications for Buildings 6, 7, 8, 9/10 and 12),
and the approval thereof by the Agency (which shall not constitute approval by
the City)."
(d) The following is hereby deleted from the beginning of item (xviii) of
Section 3.5:
"with respect to the first closing (i.e., the Close of Escrow for Subphases
lA, IB and ID and possibly lC),"
(e) The following is hereby added to the end of Section 3.5:
"(xx) the Developer must deliver to the Agency all subdivision
agreements and bonds required for Parcel Map 33405, approved by the City
Council on November 28, 2006, or required by the conditions of approval for the
Proj ect. "
(f) Agency currently estimates that the sum payable by Developer under
Section 3.4 ofthe DDA (to reimburse Agency for costs incurred by Agency for site development
work) as a condition to the Close of Escrow is $1,200,000. Developer hereby acknowledges
such estimate, and also acknowledges that such sum may increase based on the Agency's final
determination ofthe site development costs actually incurred by the Agency.
3. Developer Acknowledgment, Waiver and Release Regarding Closing Conditions.
DEVELOPER HEREBY ACKNOWLEDGES THAT DEVELOPER SHALL HAVE NO
RIGHT TO ACQUIRE ANY OF THE PROPERTY IN THE EVENT THAT DEVELOPER
FAILS TO STRICTLY AND TIMELY COMPLY WITH ALL OF THE CONDITIONS TO
CLOSING (AS MODIFIED BY THIS AMENDMENT), TIME BEING OF THE ESSENCE.
ACCORDINGLY, DEVELOPER EXPRESSLY W AlVES AND RELEASES, AND
COVENANTS NOT TO ASSERT, FILE OR RECORD, ANY LIS PENDENS OR CLAIM TO
OR AGAINST THE PROPERTY IN THE EVENT DEVELOPER FAILS TO STRICTLY AND
TIMELY COMPLY WITH ALL SUCH CLOSING CONDITIONS.
Developer's Initials
4. Modification of Agencv Loan. The maximum amount of the Agency Loan
(which includes the purchase money loan for the purchase price for Subphase lA) is $6,750,000,
and Developer hereby agrees and acknowledges that such amount includes the $1,078,000
purchase price for Subphase lA (the affordable housing project) and the $3,000,000 already
11087-0018\856259v6.doc
2
expended by the Agency on site development costs for Subphase lA (the affordable housing
proj ect). The entire amount of the Loan will be secured by the Deed of Trust.
5. Judicial Reference. Any and all disputes and claims arising under the DDA or
this Amendment, whether relating to interpretation, application, enforcement or breach, shall be
heard by a reference to the Riverside County Superior Court pursuant to the California Code of
Civil Procedure Section 638, et seq. The parties shall have the rights of discovery and appeal
provided by California Code of Civil Procedure Section 638, et seq. For all judicial reference
proceedings under this clause (v), the Agency and the Developer shall agree upon a single
referee who shall try all issues, whether of fact or law, and report a finding and judgment thereon
and issue all legal and equitable relief appropriate under the circumstances before him or her, all
of which shall be binding on the parties. If the Agency and the Developer are unable to agree on
referee within ten (l0) days after a written request to do so by either party to the other, then
either party may seek to have one appointed pursuant to California Code of Civil Procedure
Section 640. The cost of such proceeding shall initially be borne equally by the parties, but shall
ultimately be borne by the party who does not prevail (as determined by the referee). In
addition, the prevailing party in the judicial reference and in any subsequent legal proceeding
shall be entitled to have its reasonable attorneys' fees and out-of-pocket costs paid by the
nonprevailing party.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING
TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS ABOVE
DECIDED BY NEUTRAL REFEREE AS PROVIDED BY CALIFORNIA
LAW, AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT WITH JURY TRIAL.
BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR
JUDICIAL RIGHTS TO DISCOVERY AND APPEAL WITH RESPECT TO
THE MATTERS SUBJECT TO JUDICIAL REFERENCE, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THIS JUDICIAL REFERENCE
PROVISION. IF YOU REFUSE TO SUBMIT TO JUDICIAL REFERENCE
AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
SUBMIT UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF
CIVIL PROCEDURE. YOUR AGREEMENT TO THIS JUDICIAL
REFERENCE PROVISION IS VOLUNTARY. WE HAVE READ AND
UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES
ARISING OUT OF THE MATTERS INCLUDED IN THE JUDICIAL
REFERENCE PROVISION TO A NEUTRAL REFEREE.
Agency Initials
Developer's Initials
6. Escrow. The escrow shall be at the Riverside office of First American Title
Company, and Debbie Newton shall be the escrow officer.
11087-0018\856259v6.doc
3
7. General Provisions.
(a) General Provisions. This Amendment constitutes the entire agreement
between the parties pertaining to the subject matter hereof, and supersedes all prior agreements
and understandings ofthe parties with respect to the subject matter hereof. This Amendment
may not be modified, amended, supplemented, or otherwise changed, except by a writing
executed by both parties hereto.
(b) Waiver. No failure or delay by any party in the exercise of any right
hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such
right preclude other or further exercise thereof, or any other right.
(c) Counterparts. This Amendment may be executed in two or more counterparts
and by different parties hereto on separate counterparts, each of which when so executed and
delivered shall be deemed an original and all of which, when taken together, shall constitute one
and the same instrument.
(d) Governing Law. This Amendment shall be deemed to be a contract made
under the laws of the State of California and for all purposes shall be governed by and construed
in accordance with the laws of the State of California.
(e) Time of Essence. Time is ofthe essence of each and every provision ofthe
DDA and this Amendment.
11087-0018\856259v6.doc
4
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the
day and year first above written.
DEVELOPER:
AGK GROUP, LLC,
a California limited liability company
By:
A.G. Kading,
Sole Managing Member
AGENCY:
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Mike Naggar
Redevelopment Agency Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk! Agency Secretary
APPROVED AS TO FORM:
Peter Thorson, Agency Counsel
11087-0018\856259v6.doc
5
RESOLUTION NO. RDA NO. 06-
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA APPROVING A FOURTH
AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
AGENCY AND AGK GROUP, LLC, A CALIFORNIA
LMITED LIABILITY COMPANY FOR THE
TEMEUCLA EDUCATION COMPLEX
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors ofthe Redevelopment Agency of the City of
Temecula hereby finds, determines and declares that:
A. Agency and AGK Group, LLC, ("Developer") have entered into a
Disposition and Development Agreement dated as of March 16,2004, as amended on
September 14, 2004, December 7,2004 and February 28,2006 ("DDA") which provided
for, among other things, the City's contribution to Developer of certain real property
described therein (the "Property") for the purpose of pursuing the development of a
mixed use development incorporating affordable housing, higher education and retail
located on a 31 acre site at the northwest corner of Diaz Road and Dendy Lane.
Capitalized terms uses herein but not defined shall have the meaning set forth in the
DDA.
B. City and Developer agree to a final extension of Closing of
Escrow to March 30, 2007 along with certain other adjustments relating to the schedule
of performance for the retail buildings.
C. On December 12, 2006 the Board of Directors ofthe
Redevelopment Agency of the City of Temecula and the City Council held a duly noticed
joint public hearing at which all persons had the opportunity to address the Agency and
the Council on the Fourth Amendment.
Section 2. The Board of Directors ofthe Redevelopment Agency ofthe City
of Temecula hereby approves that certain agreement entitled "Fourth Amendment to
Disposition and Development Agreement" between the Agency and AGK Group, LLC,
with such changes in each document as may be mutually agreed upon by the Developer
and the Executive Director as are in substantial conformance with the form of such
Agreement which on file in the Office ofthe Agency Secretary. The Chairperson of the
Agency is hereby authorized to execute the Agreement, including related exhibits and
attachments on behalf ofthe Agency. A copy of the final Agreement when executed by
c:\ WINDOWS\apsdoc\nettemp\492\$ASQpdf831508.doc
the Agency Chairperson shall be placed on file in the Office ofthe Secretary of the
Agency.
Section 3. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf ofthe Agency, to take all actions necessary and appropriate to carry
out and implement the Agreement and to administer the Agency's obligations, respon-
sibilities and duties to be performed under the Agreement and related documents,
including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement,
acceptances, escrow instructions, certificates of completion and such other implementing
agreements and documents as contemplated or described in the Agreement.
Section 4.
Resolution.
The Secretary of the Agency shall certify the adoption of this
PASSED, APPROVED AND ADOPTED by the Board of Directors ofthe Redevel-
opment Agency of the City of Temecula at a regular meeting held on the 12th day of
December, 2006.
Mike Naggar, Chairperson
ATTEST:
Susan W. Jones, MMC
City Clerk! Agency Secretary
[SEAL]
c:\ WINDOWS\apsdoc\nettemp\492\$ASQpdf831508.doc
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, MMC, Secretary of the Redevelopment Agency of the City of
Temecula, do hereby certify that Resolution No. RDANo. 06- was duly and regularly
adopted by the Board of Directors ofthe Redevelopment Agency ofthe City of Temecula at a
regular meeting thereof, held on the 12th day of December, 2006, by the following vote, to
wit:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
ABSTAIN:
BOARDMEMBERS:
Susan W. Jones, MMC
City Clerk! Agency Secretary
c:\ WINDOWS\apsdoc\nettemp\492\$ASQpdf831508.doc
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING A FOURTH
AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
CITY AND AGK GROUP, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY FOR THE
TEMECULA EDUCATION COMPLEX
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds, determines and declares that:
A. Agency and AGK Group, LLC, ("Developer") have entered into a
Disposition and Development Agreement dated as of March 16,2004, as amended on
September 14, 2004, December 7,2004 and February 28,2006 ("DDA") which provided
for, among other things, the City's contribution to Developer of certain real property
described therein (the "Property") for the purpose of pursuing the development of a
mixed use development incorporating affordable housing, higher education and retail
located on a 31 acre site at the northwest corner of Diaz Road and Dendy Lane.
Capitalized terms uses herein but not defined shall have the meaning set forth in the
DDA.
B. Agency and Developer agree to a final extension of Closing of
Escrow to March 30, 2007 along with certain other adjustments relating to the schedule
of performance for the retail buildings.
C. On December 12, 2006 the Board of Directors ofthe
Redevelopment Agency of the City of Temecula and the City Council held a duly noticed
joint public hearing at which all persons had the opportunity to address the Agency and
the Council on the Fourth Amendment.
Section 2. The City Council hereby approves that certain agreement entitled
"Fourth Amendment to Disposition and Development Agreement" between the Agency and
AGK Group, LLC, with such changes in each document as may be mutually agreed upon by
the Developer and the Executive Director as are in substantial conformance with the form of
such Agreement which on file in the Office ofthe City Clerk.
Section 3.
The City Clerk shall certify the adoption of this Resolution.
c:\ WINDOWS\apsdoc\nettemp\1632\$ASQpdf831510.doc
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula at a regular meeting held on the 12th day of December 2006.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
c:\ WINDOWS\apsdoc\nettemp\1632\$ASQpdf831510.doc
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 06- was duly and regularly adopted by the City Council ofthe City of
Temecula at a regular meeting thereof, held on the 12th day of December 2006, by the
following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, MMC
City Clerk! Agency Secretary
c:\ WINDOWS\apsdoc\nettemp\1632\$ASQpdf831510.doc
AGENCY BUSINESS
ITEM NO. 24
Approvals
City Attorney
Director of Finance
City Manager
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TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
Executive Director/Agency Members
FROM:
Susan W. Jones, City Clerk/Director of Support Services
DATE:
December 12, 2006
SUBJECT:
Appointment of Chair Person and Vice Chair Person for the Redevelopment
Agency for Calendar Year 2007
RECOMMENDATION:
That the Agency Members:
1. Entertain motions from the Agency Members to appoint the Chair Person to preside,
effective January 1,2007, until the end of Calendar Year 2007.
2. Entertain motions from the Agency Members to appoint the Vice Chair Person, effective
January 1, 2007, who will assume the duties of the Chair Person in the Chair Person's
absence, and hold this office until the end of Calendar Year 2007.
BACKGROUND: The Temecula Redevelopment Agency Board of Directors appoints a
member to serve as Chair Person and Vice Chair Person annually. These offices are assumed at
the first meeting of the Temecula Redevelopment Agency in January and the newly elected officers
will preside through the Calendar Year of 2007.
FISCAL IMPACT:
None.
ATTACHMENTS:
None.
PUBLIC HEARING
ITEM NO. 25
Approvals
City Attorney
Director of Finance
City Manager
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
December 12, 2006
SUBJECT:
AB 1600 Financial Reports
PREPARED BY:
Jason Simpson, Assistant Finance Director
Shannon Buckley, Accountant
RECOMMENDATION:
That the City Council approve the AB 1600 Financial Reports.
BACKGROUND: Government Code Sections 66006 requires that an accounting of the
developer impact fees be made public and the information reviewed in a regularly scheduled public
hearing. The Legislature finds and declares that the timely and proper allocation of development
fees promotes economic growth and is, therefore, a matter of statewide interest and concern.
Annually, the City Finance Department staff compiles a report of expenditures made with the
developer impact fees collected and interest accrued during the year. Staff has compiled the AB
1600 Report for this purpose and recommends acceptance and approval of the report of
expenditures made with the developer impact fees after hearing public testimony.
This report covers activity for Fiscal Year Ending June 30, 2006.
FISCAL IMPACT: Monies must be used within five years for specified purposes or
returned to the developer. All funds are all programmed to be spent in accordance with the 2007-
2011 Capital Improvement Program adopted June 13, 2006, by the City Council.
ATTACHMENTS:
AB 1600 Reports
City of Temecula
Open Space
Government Code 66000 Calcuiation
FY 2005-06
Attachment No.1
Fees are collected for open space land acquisitions. The impact fees for open space land are based
on the cost of land needed to maintain the City's existing ratio of open space acreage to population.
Because these fees are population-driven, they apply only to residential development. The fee
is $515.51 per residential attached unit (condominium, apartment, townhouse, and duplex) and $719.56
per residential detached unit (single family), payable at the time of issuance of a certificate of occupancy.
The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees $ 197,857
Interest income $ 21,675
Contributions from property owners
Transfers in
Total Sources $ 219,532
Expenditures & Other Uses:
Capital Projects $ 15,000
Transfers out
Total Uses $ 15,000
Total Available $ 534,317 $ 204,532 $ 738,849
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endinq Fund Balance June 30, 2006
Previous Years Revenues N/A
Revenues Collected from FY2002/03 N/A
Revenues Collected from FY2003/04 $ 187,876
Revenues Collected from FY2004/05 $ 331,441
Revenues Collected from FY2005/06 $ 219,532
Total Ending Fund Balance $ 738,849
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2005-06 % Complete % Funded With Fee
Multi Trails System 210-190-185 $ 15,000 97% 1.74%
Total $ 15,000
City of Temecula
Public Facilities & Road Benefit
Government Code 66000 Calculation
FY 2005-06
Attachment No.2
Fee is collected to provide street system, park and recreation, corporate, fire protection, and library
facilities in an amount sufficient to meet the estimated demand created by residential and non-residential
developments constructed in the City through build out The fee varied depending on development type and
was collected for each building payable upon the issuance of the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees
Interest income $ 15,586
Contributions from property owners
Transfers in
Total Sources $ 15,586
Expenditures & Other Uses:
Capital Projects $ 183,885
Transfers out
Total Uses $ 183,885
Total Available $ 648,098 $ ( 168,299) $ 479,799
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance June 30, 2006
Previous Years Revenues $ 386,552
Revenues Collected from FY2002103 $ 34,938
Revenues Collected from FY2003104 $ 28,492
Revenues Collected from FY2004105 $ 14,231
Revenues Collected from FY2005106 $ 15,586
Total Ending Fund Balance $ 479,799
Result: Five vear spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2005-06 % Complete % Funded With Fee
Maintenance Facility 210-165-742 $ 183,885 100% 63.41 %
Total $ 183,885
City of Temecula
Public Services
Government Code 66000 Calculation
FY 2005-06
Attachment No.3
Fee is collected to provide future space for police facilities and equipment. The fee is $350.25 per
residential attached unit (condominium, apartment, townhouse, and duplex), $197.97 per detached unit
(single family), and $.05-$.20 per square foot of floor area for commercial developments. Fees is payable
upon the issuance of the certificate of occupancy for residential developments and payable at the time the
building permit is issued for commercial developments.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees
Interest income $ 6,227
Contributions from property owners
Transfers in
Total Sources $ 6,227
EXDenditures & Other Uses:
Capital Projects
Transfers out
Total Uses
Total Available $ 199,661 $ 6,227 $ 205,888
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endinq Fund Balance June 30, 2006
Previous Years Revenues $ 187,496
Revenues Collected from FY2002103 $ 4,822
Revenues Collected from FY2003104 $ 2,964
Revenues Collected from FY2004105 $ 4,379
Revenues Collected from FY2005106 $ 6,227
Total Ending Fund Balance $ 205,888
Result: Five vear spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2005-06 % Complete % Funded With Fee
Note: All funds are encumbered to be spent on
projects listed in the FY2007-2011 CIP adopted by
City Council on 6/13/2006.
Total
City of Temecula
Fire Protection
Government Code 66000 Calculation
FY 2005-06
Attachment No.4
Fee is collected to provide fire protection facilities in an amount sufficient to meet the estimated demand
created by residential and non-residential development constructed in the City through build out. The fee
varied depending on development type and was collected for each building payable upon the issuance of
the certificate of occupancy.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees
Interest income $ 9,190
Contributions from property owners
Transfers in
Total Sources $ 9,190
Expenditures & Other Uses:
Capital Projects
Transfers out
Total Uses
Total Available $ 294,621 $ 9,190 $ 303,811
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance June 30, 2006
Previous Years Revenues $ 276,683
Revenues Collected from FY2002/03 $ 7,106
Revenues Collected from FY2003/04 $ 4,372
Revenues Collected from FY2004/05 $ 6,460
Revenues Collected from FY2005/06 $ 9,190
Total Ending Fund Balance $ 303,811
Result: Five vear spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2005-06 % Complete % Funded With Fee
Note: All funds are encumbered to be spent on
projects listed in the FY2007-2011 CIP adopted by
City Council on 6/13/2006.
Total
City of T emecu la
Street Improvements
Government Code 66000 Calculation
FY 2005-06
Attachment No.5
Fee is collected based on the total cost of such improvements and number of peak hour vehicle trips
generated by future development. The fee is $1,047.05 per residential attached unit (condominium,
apartment, townhouse, and duplex), $1,495.79 per residential detached unit (single family),
and $1.63-4.90 per square foot of floor area for commercial development. Fee is payable upon the
issuance of the certificate of occupancy for residential developments and payable at the time the building
permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include
the Builders Cost Index factor for increases.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees $ 3,867,897
Interest income $ 123,012
Contributions from property owners
Transfers in
Total Sources $ 3,990,909
EXDenditures & Other Uses:
Capital Projects $ 1,062,009
Transfers out
Total Uses $ 1,062,009
Total Available $ 2,575,753 $ 2,928,900 $ 5,504,653
Five Year Revenue Test
Using First I n First Out Method
Unspent Funds Represent Endinq Fund Balance June 30, 2006
Previous Years Revenues N/A
Revenues Collected from FY2002103 N/A
Revenues Collected from FY2003104 N/A
Revenues Collected from FY2004105 $ 1,513,744
Revenues Collected from FY2005106 $ 3,990,909
Total Ending Fund Balance $ 5,504,653
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2005-06 % Complete % Funded With Fee
Murrieta Creek 210-165-602 $ 52,964 70% 80.48%
Guardrail Installation 210-165-619 $ 87,370 100.00%
Diaz Realignment 210-165-632 $ 180,000 100% 8.50%
Signal Redhawk@ Overland 210-165-658 $ 20,000 12.50%
Signal Jefferson @Sanborn 210-165-659 $ 20,000 12.50%
Bridge Barrier Rail Replacement 21 0-165-722 $ 51,675 97.73%
Main Street 210-165-743 $ 250,000 90% 50.68%
Rancho Cal Road Widening 210-165-752 $ 400,000 56% 125.00%
Total $ 1,062,009
City of Temecula
Traffic Signals and Traffic Control Systems
Government Code 66000 Calculation
FY 2005-06
Attachment NO.6
Fee is collected based on the total cost of such improvements and number of peak hour vehicle trips
generated by future development. The fee is $148.22 per residential attached unit (condominium,
apartment, townhouse, and duplex), $211.73 per residential detached unit (single family),
and $.23-$.70 per square foot of floor area for commercial development. Fee is payable upon the
issuance of the certificate of occupancy for residential developments and payable at the time the building
permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include
the Builders Cost Index factor for increases.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees $ 548,431
Interest income $ 17,585
Contributions from property owners
Transfers in
Total Sources $ 566,016
Expenditures & Other Uses:
Capital Projects $ 57,000
Transfers out
Total Uses $ 57,000
Total Available $ 333,282 $ 509,016 $ 842,298
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endinq Fund Balance June 30, 2006
Previous Years Revenues N/A
Revenues Collected from FY2002/03 N/A
Revenues Collected from FY2003/04 $ 54,697
Revenues Collected from FY2004/05 $ 221 ,585
Revenues Collected from FY2005/06 $ 566,016
Total Ending Fund Balance $ 842,298
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2005-06 % Complete % Funded With Fee
Signal 79 South @ Country Glen 210-165-654 $ 57,000 100% 35.63%
Total $ 57,000
City of T emecula
Park & Recreation Improvements
Government Code 66000 Calculation
FY 2005-06
Attachment NO.7
Fee is collected for park improvements based on the cost of improvements needed to maintain the City's
existing ratio of improved park acreage to population. The fee for recreation facilities is based on the
existing ratio of facility replacement cost to population. Because these fees are population-driven, they
apply only to residential developments. The fee is $1,768.63 per residential attached unit (condominium,
apartment, townhouse, and duplex) and $2,468.71 per residential detached unit (sin9le family). Fee is
payable upon the issuance of the certificate of occupancy. The fee is adjusted at July 1, each fiscal year
to include the Builders Cost Index factor for increases.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Endin9
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees $ 509,753
I nterest income $ 25,217
Contributions from property owners
Transfers in
Total Sources $ 534,970
EXDenditures & other Uses:
Capital Projects $ 3,711,000
Transfers out
Total Uses $ 3,711,000
Total Available $ 3,159,299 $(3,176,030) $ (16,731)
Five Year Revenue Test
Usin9 First In First Out Method
Unspent Funds Represent Ending Fund Balance June 30, 2006
Previous Years Revenues N/A
Revenues Collected from FY2002/03 N/A
Revenues Collected from FY2003/04 N/A
Revenues Collected from FY2004/05 N/A
Revenues Collected from FY2005/06 N/A
Total Ending Fund Balance N/A
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital I mprovement Proiects FY 2005-06 % Complete % Funded With Fee
Patricia Birdsall Sports Complex 210-190-173 $ 3,500,000 100% 54.43%
Pablo Apis Park 21 0-190-182 $ 5,000 1.13%
D09 Parks Community 210-190-190 $ 10,000 6.67%
Kent Hinder9ardt Memorial Park 21 0-190-191 $ 71,000 100.00%
Loma Linda Park 21 0-190-192 $ 125,000 83.33%
Total $ 3,711,000
City of T emecula
Corporate Facilities
Government Code 66000 Calculation
FY 2005-06
Attachment NO.8
Fee is collected for City administrative and maintenance facilities. The need for future City Hall space is
due to the demand for services housed in City Hall. The need for maintenance facilities is due to increase
in street and park maintenance. The fee is $217.59 per residential attached unit (condominium, apartment
townhouse, and duplex), $405.82 per residential detached unit (sin9le family), and $.11-$.31 per square
foot of floor area for commercial developments. Fee is payable upon the issuance of the certificate of
occupancy for residential developments and payable at the time the building permits is issued for
commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost
Index factor for increases.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Endin9
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees $ 427,635
I nterest income $ 30,475
Contributions from property owners
Transfers in
Total Sources $ 458,110
Exoenditures & other Uses:
Capital Projects $ 1,000,000
Transfers out
Total Uses $ 1,000,000
Total Available $ 1,228,132 $ (541,890) $ 686,242
Five Year Revenue Test
Usin9 First In First Out Method
Unspent Funds Represent Endinq Fund Balance June 30, 2006
Previous Years Revenues N/A
Revenues Collected from FY2002/03 N/A
Revenues Collected from FY2003/04 N/A
Revenues Collected from FY2004/05 $ 228,132
Revenues Collected from FY2005/06 $ 458,110
Total Ending Fund Balance $ 686,242
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital I mprovement Proiects FY 2005-06 % Complete % Funded With Fee
Maintenance Facility 210-165-742 850,000 100.00% 37.85%
Old Town Properties Master Plan 210-165-751 $ 150,000 60.00%
Total $ 1,000,000
City of Temecula
Fire Protection Facilities
Government Code 66000 Calculation
FY 2005-06
Attachment No.9
Fee is collected to provide future fire protection facilities and apparatus. The fee is $238.23 per
residential attached unit (condominium, apartment, townhouse, and duplex), $513.38 per residential
detached unit (single family), and $.07-$.10 per square foot of floor area for commercial developments,
payable upon the issuance of the certificate of occupancy for residential developments and payable at the
time the building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal
year to include the Builders Cost Index factor for increases.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & other Sources:
Developer fees $ 209,331
Interest income $ 38,092
Contributions from property owners
Transfers in
Total Sources $ 247,423
Expenditures & other Uses:
Capital Projects
Transfers out
Total Uses
Total Available $ 1,083,326 $ 247,423 $ 1,330,749
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endina Fund Balance June 30, 2006
Previous Years Revenues $ 250,490
Revenues Collected from FY2002/03 $ 230,112
Revenues Collected from FY2003/04 $ 398,654
Revenues Collected from FY2004/05 $ 204,070
Revenues Collected from FY2005/06 $ 247,423
Total Ending Fund Balance $ 1,330,749
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2005-06 % Complete % Funded \fv1th Fee
Note: All funds are encumbered to be spent on
projects listed in the FY2oo7 -2011 CIP adopted by
City Council on 6/13/2006.
Total
City of Temecula
Library
Government Code 66000 Calculation
FY 2005-06
Attachment No.1 0
Fee is collected to provide future library facilities and materials. Because these fees are population-driven,
they apply only to residential developments. The fee is $471.07 per residential attached unit (condominium,
apartment, townhouse, and duplex), $657.53 per residential detached unit (single family). Fee is payable
upon the issuance of the certificate of occupancy. The fee is adjusted at July 1, each fiscal year to include
the Builders Cost Index factor for increases.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & other Sources:
Developer fees $ 282,358
Interest income $ 7,7 49
Contributions from property owners
Transfers in
Total Sources $ 290,107
Expenditures & other Uses:
Capital Projects $ 1,500,000
Transfers out
Total Uses $ 1,500,000
Total Available $ 1,345,135 $(1,209,893) $ 135,242
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance June 30, 2006
Previous Years Revenues N/A
Revenues Collected from FY2002/03 N/A
Revenues Collected from FY2003/04 N/A
Revenues Collected from FY2004/05 N/A
Revenues Collected from FY2005/06 $ 135,242
Total Ending Fund Balance $ 135,242
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Proiects FY 2005-06 % Complete % Funded V'v1th Fee
Library 280-199-129 $ 1,500,000 84% 89.19%
Total $ 1,500,000
City of Temecula
Public Art
Government Code 66000 Calculation
FY 2005-06
Attachment No. 11
Fees are collected to enhance the quality of life for city residents, workers and visitors by providing for
the acquisition, placement and maintenance of public artwork. The fee is equal to 10% of 1 % of the building
value in excess of $100,000 payable upon the issuance of each building permit.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees $ 118,819
Interest income $ 1,669
Contributions from property owners
Transfers in
Total Sources $ 120,488
Expenditures & Other Uses:
Capital Projects $ 22,000
Transfers out
Total Uses $ 22,000
Total Available $ 544 $ 98,488 $ 99,032
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endina Fund Balance June 30, 2006
Previous Years Revenues N/A
Revenues Collected from FY2002/Q3 N/A
Revenues Collected from FY20Q3/04 N/A
Revenues Collected from FY2004/05 N/A
Revenues Collected from FY2005/06 $ 99,032
Total Ending Fund Balance $ 99,032
Result: Five vear spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2005-06 % Complete % Funded With Fee
Veteran's Memorial 210-190-189 $ 22,000 100% 44.00%
Total $ 22,000
City of Temecula
Police Facilities
Government Code 66000 Calculation
FY 2005-06
Attachment No. 12
Fee is collected to provide future space for police facilities and equipment. The fee is $382.44 per
residential attached unit (condominium, apartment, townhouse, and duplex), $216.16 per detached unit
(single family), and $.04-$.14 per square foot of floor area for commercial developments. Fees is payable
upon the issuance of the certificate of occupancy for residential developments and payable at the time the
building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to
include the Builders Cost Index factor for increases.
The fee is based upon the attached formula and data sheet and varies from project to project.
Beginning Ending
Account Description Fund Balance FY 2005-06 Fund Balance
Revenues & Other Sources:
Developer fees $ 176,173
Interest income $ 7,920
Contributions from property owners
Transfers in
Total Sources $ 184,093
Expenditures & Other Uses:
Capital Projects $ 349,476
Transfers out
Total Uses $ 349,476
Total Available $ 247,969 $ (165,383) $ 82,586
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Endinq Fund Balance June 30, 2006
Previous Years Revenues N/A
Revenues Collected from FY2002/03 N/A
Revenues Collected from FY2003/04 N/A
Revenues Collected from FY2004/05 N/A
Revenues Collected from FY2005/06 $ 82,586
Total Ending Fund Balance $ 82,586
Result: Five year spent test met in accordance with Government Code 66001.
Capital Improvement Facilities Expenditures
Capital Improvement Projects FY 2005-06 % Complete % Funded With Fee
Police Store Front 210-165-665 $ 349,476 100% 100.00%
Total $ 349,476
COUNCIL BUSINESS
ITEM NO. 26
Approvals
City Attorney
Director of Finance
City Manager
~
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(J(G
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Susan W. Jones, City Clerk/Director of Support Services
DATE:
December 12, 2006
SUBJECT:
Appointment of Mayor and Mayor Pro Tem for Calendar Year 2007
RECOMMENDATION:
That the City Council:
1. Entertain motions from the City Council Members to appoint the Mayor to preside,
effective January 1,2007, to the end of Calendar Year 2007;
2. Entertain motions from the City Council Members to appoint the Mayor Pro Tem,
effective January 1, 2007, who will assume the duties of the Mayor in the Mayor's
absence, and hold this office until the end of Calendar Year 2007.
BACKGROUND: The City Council appoints a memberto serve as Mayor and Mayor Pro
Tem annually. These offices are assumed at the first meeting of the City Council in January and the
newly elected Mayor and Mayor Pro Tem will preside through the Calendar Year of 2007.
FISCAL IMPACT:
None.
ATTACHMENTS:
None.
ITEM NO. 27
Approvals
City Attorney
Director of Finance
City Manager
JM.?
CIl
(J(0
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman D. Parker, Director of Community Services
DATE:
December 12, 2006
SUBJECT:
Amendment to the City's Park Ordinance
PREPARED BY:
Phyllis L. Ruse, Deputy Director of Community Services
RECOMMENDATION:
That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 12.04.190 OF THE TEMECULA
MUNICIPAL CODE RELATING TO HOURS OF OPERATION OF
CITY PARKS
BACKGROUND: The City of Temecula's Park Ordinance currently provides for hours of
park operations at all City parks between the hours of dawn and 11 :00 p.m. These hours were
originally set to accommodate sports play in the community parks where lighting was provided for
these activities. As the City and the park system have grown, many smaller, neighborhood parks
have been added to the system. Most of these parks have only limited security lighting for after
hours and provide no facilities for after dark activities.
The Temecula Police Department has become aware of evidence of inappropriate or illegal activities
taking place in some of the park locations during after dark hours. The Police Department has
requested that the City consider closing neighborhood parks at dusk to help prevent inappropriate
use of the parks. The proposed Park Ordinance amendment would not affect operating hours of
community and sports parks which are well lighted and designed for night activities.
The proposed amendment to the Park Ordinance was considered by the Community Services
Commission at their November 13, 2006 meeting. The Commission unanimously recommended
that the City Council approve and adopt the amendment to park hours of operation at neighborhood
parks to be dawn to dusk.
FISCAL IMPACT: It is estimated that there will be a cost of $1 ,000 to $1 ,500 to change
existing park signage to reflect the new hours of park operations at affected park sites. There are
sufficient funds available in the TCSD operating budget.
ATTACHMENTS:
Ordinance Amendment
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTION 12.04.190 OF THE
TEMECULA MUNICIPAL CODE RELATING TO HOURS
OF OPERATION OF CITY PARKS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN
AS FOLLOWS:
Section 1. Section 12.04.190 of Chapter 12.04 of Title 12 ofthe Temecula
Municipal Code is hereby amended to read as follows:
"Section 2.40.190
City Park Hours
No person shall be in or remain in any park, other than a community park,
between the hours of dusk and dawn ofthe following day without permission of
the director. The provisions of Sections 12.04.250 and 12.04.260 shall govern the
granting or denial of such permission.
No person shall be in or remain in any community park between the hours of
11:00 p.m. and dawn of the following day without permission ofthe director. The
provisions of Sections 12.04.250 and 12.04.260 shall govern the granting or
denial of such permission. The following parks are designated as community
parks:
Ronald Reagan Sports Park
Patricia H. Birdsall Sports Park
Margarita Community Park
Paloma del Sol Park
Pala Community Park
Harveston Community Park
Harveston Lake Park
Roripaugh Ranch Community Park"
Section 2. If any sentence, clause or phrase ofthis ordinance is for any reason
held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining provisions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each sentence, clause or phrase thereof irrespective ofthe fact that any
one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 3. The City Clerk ofthe City of T emecula shall certify to the passage
and adoption ofthis Ordinance and shall cause the same or a summary thereofto be published
and posted in the manner required by law.
11086\0001 \662598.1
- 1 -
PASSED, APPROVED AND ADOPTED this
,2006.
day
of
Ron Roberts
Mayor
ATTEST:
Susan Jones, MMC
City Clerk
11086\0001 \662598.1
- 2-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, Susan Jones, CMC, City Clerk ofthe City of Temecula, do hereby certify that
the foregoing Ordinance No. 01_ was duly introduced and placed upon its first reading at a
regular meeting ofthe City Council on the _ day of , 2006, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council
on the _ day of , 2006 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
SUSAN JONES, MMC
CITY CLERK
APPROVED AS TO FORM:
Peter M. Thorson
City Attorney
11086\0001 \662598.1
- 3 -
DEPARTMENTAL
REPORTS
ITEM NO. 28
Approvals
City Attorney
Director of Finance
City Manager
~
/J1l
(J!:G
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Shawn Nelson, City Manager
DATE:
December 12, 2006
SUBJECT:
City Council Travel/Conference Report - November 2006
PREPARED BY:
Sue Steffen, Executive Assistant
RECOMMENDATION:
Receive and file
On November 1 Mayor Ron Roberts traveled to Los Angeles to attend meetings of the Southern
California Association of Governments (SCAG) Administration, Transportation & Communications
Committee and Regional Council. The meeting agendas are attached. SCAG will reimburse the
City for his hotel expense.
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t(213l236-t8oo
f(213)236-1825
,^'WW,sc:ag.ca.gov
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IHM2J*
MEETING OF THE
Thursday, November 2,2006
9:00 a.m. - 10:00 a.m.
SCAG Offices
818 West 7th Street, 12th Floor
Conference Room San Bernardino
Los Angeles, CA 90017
213.236.1800
If members of the public wish to
attachments or have any questions on
agenda items, please contact Lisa
213.236.1891 or tavlorl@scao.ca.oov
review
any of
Taylor
the
the
at
Agendas and Minutes for the Administration Committee
are also available at:
www.scao.ca.oov/committees/ac.htm
SCAG, in accordance with the Americans wijh Disabilities Act (ADA), wiil
accommodate persons who require a modification of accommodation in
order to participate in this meeting. tf you require such assistance, please
contact SCAG at (213) 236-1868 at least 72 hours in advance of the
meeting to enable SCAG to make reasonable arrangements. To request
documents related to this document in an altemative format, please
contact (213) 236-1868.
#1 f0623 v7 ~ Cover Page_Administration C(.mmline
ADM I N 1ST RAT ION Co M M I T TEE
11IIIII
PAGE #
rIME
"Any item listed on the agenda (action or information) may be acted upon
at the discretion of the Committee. "
1.0
CALL TO ORDER & PLEDGE OF
ALLEGIANCE
Hon. Toni Young,
Chair
2.0 '.PUBLIC COMMENT PERIOD
Members of the public desiring to speak on an agenda item or items
not on the agenda, but within the purview of the Committee, must fill
out and present a speaker's card to the Assistant prior to speaking. A
sp~~e~'s c~~d must be turned in before the meeting is called to order.
>Col1lInents will be limited to three minutes. The chair may limit the
t<!~til,11efor. all comments to twenty (20) minutes.
3.0 REVIEW and PRIORITIZE AGENDA ITEMS
4;0 CONSENT CALENDAR
4.1 ADDtovalItem
4.1.1 Minut.es of October 5. 2006 Meeting
Attachment
111
4.1.2 Caltrans Transportation Planning
Grant. Applications
RC Attachment
14
.3 Resolution # 06-480-1 for Application
for Blueprint Planning Grant Funds
RC Attachment
17
4.1.4 Memorandum of Understanding (MOV)
Regarding: the Large Urbanized Area
.Grant Funds RC Attachment
21
4.1.5 Contracts over $250.000
RC Attachment
31
i
#128547 vi - ADMINISTRATION AGENDA NOV 2, 06
IO/24nOO6 10:42 AM
L.Taylor
ADMINISTRATION COMMITTEE
-
4.2 Receive and File
4.2.1 Contracts/Purchase Orders $5.000 to $250.000
and MODs Between $5.000 to $250.000
RC Attachment
4.2.2 2007 Meeting Calendar for the Administration &
policv Comlllittees and the Re(!ional Council
RC Attachment
5.0 ACTION ITEMS
W:,<,,;',-:
5.1' ,~unding Support for the California
.. Regional Progress Report
RC Attachment
Ping Chang,
SCAGStaff
RecomIn~nded Action: Approve the use
of $101,352 from TDA funds as SCAG's
c.ontrihution to join Caltrans and other MPOs
in the state. to support the development of
a California 'Regional Progress Report.
5.2
Draft Delegat.ion Agreement re:
Regional Housing Needs Assessment
(RHNA) RC Attachment
Karen Tachiki
Chief Counsel
Recommended Action: Approve
Compass Blueprint Demonstration Proiect
Selection Attachment
Lynn Harris,
SCAG Staff 114
Recommended Action: Approve
6.0 INFORMATION'ITEMS
6.1
Audit Committee Report
Hon. Paul
Nowatka, Chair
6.2
CFO Monthly Financial Report for
August/Sept.ember 2006 .
RC Attachment
Wayne Moore,
CFO 42
ii
PAGE #
34
39
23
53
TIME
5 Illinutes
10 n,rir!ut~s
5 minutes
#128547 vi- ADMINISTRATION AGENDA NOV 2. 06
10/2412006 10:42 AM
'.' """.L.:Taylor
ADM I N 1ST RAT ION COMMITTEE
-
PAGE #
TIME
7.0 FUTURE AGENDA ITEMS
Any Committee members or staff desiring to place items on a future agenda
may make such request. Comments should be limited to three (3) minutes.
8.0. ANNOUNCEMENTS
9.0 ADJOURNMENT
The next meeting of the Administration Committee will be held on
December 14. 2006 in the SCAG offices in downtown Los Angeles.
111
#128547vl - ADMINISTRATION AGENDA NOV 2, 06
1OJ2412OO6 10;42 AM
L.Taylor
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los. Angeles, California
9OO17~3435
t(2Bi236-1BOO
(/213)236.1825
www.scag.ca.gov
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l;',;)j:l5(\>
Doc # 124959 v4 - Tee
MEETING OF THE
Thursday, November 2, 2006
10:00 a.m. - 11 :45 a.m.
SCAG Offices
818 West ih Street, 12th Floor
Conference Room Riverside B
Los Angeles, CA 90017
213.236.1800
If members of the public wish to
attachments or have any questions on
agenda items, please contact Cathy
213.236.1896 or alvarado@scaa.ca.aov
review the
any of the
Alvarado at
Agendas and Minutes for the Transportation and
Communications Committee are also available at:
www.scaa.ca.aov/committees/tcc.htm
SCAG. in accordance with the Americans wUh Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in
order to participate in this meeting. If you require such assistance, please
contact SCAG at (213) 236-1868 at least 72 hours in advance of the
meeting to enable SCAG to make reasonable arrangements. To request
documents related to this document in an aitemative fonnat, please
contact (213) 236-1868.
TRANSPORTATION
COMMUNICATIONS
&
COMMITTEE
--
PAGE #
TIME
"Any item listed on the agenda (action or information) may be
acted upon at the discretion of the Committee".
1.0
CALL TO ORDER & PLEDGE
OF ALLEGIANCE
Hon. Harry Baldwin,
Chair
2.0 PUBLIC COMMENT PERIOD
M~lDb~rs of the public desiring to speak on an agenda item or items
not on the agenda, but within the purview of the Committee, must
fm out and present a speaker's card to the Assistant prior to speaking.
AS~l!l1){er'scardmust be turned in before the meeting is called to order.
9?!IllDell,ts wmbe limited to three minutes. The Chair may limit the
total time for all comments to twenty (20) minutes.
3.0 REVIEW and PRIORITIZE AGENDA ITEMS
4.0 CONSENT CALENDAR
4.1 ADProvaUtems
4.1.1 Minut.es of October 5. 2006 Meeting
Attachment
1
4.2 Receive and File
4.2.1 Memorandum of Understanding (MOU)
Regarding the Large Urbanized Area
Grant Funds
Attachment
7
Provided for information is the MOU
between SCAG, the Country Transportation
Commissions, and local transit operators for
allocation of large urbanized area grant.
funds. (FIA 5307 Program Funds).
4.2.2 2007 Meeting Calendar for the Administration
and Policv Committees and Regional Council
Attachment
8
i
2r5sOt! November 2006
Created by T A YLORL
10/25/2006 II :51 :38 AM
TRANSPORTATION
COMMUNICATIONS
11III:II
&
COMMITTEE
5.0 ACTION ITEMS
5.1
Proposed 2007 SCAG Legislative
Program
Attachment
The draft of SCAG's 2007 Legislative
Program outlines the Federal and Stat.e
legislative priorities for the agency.
It includes federal priorities such as Goods
Movement, Air-21, and TEA-LV
. appropriations and the full range of
stllte priorities including housing,
transportation, CEQA reform, air qualit.y,
environmental mitigation and other related
issues.
. Recommended Action: Support and refer
t.o the Regional Council.
6.0 INFORMATION ITEMS
6.1
System Management at the Corridor
Level: 1-880 Example
Attachment
A presentation will be gi ven on
corridor-level system management
practices, which include a focus on
performance measurement and
operational strategies, based on a
study of the 1-880 corridor in the
Bay Area.
ii
PAGE #
Don Rhodes,
SCAG Staff
9
Tarek Hatata,
System Metrics
Group
12
TIME
15 minutes
20 minutes
2(550 I ! November 2006
Created by T A YLORL
101251200611:51:38AM
TRANSPORTATION
COMMUNICATIONS
-
&
COMMITTEE
6.0 INFORMATION ITEMS continued
6.1
Status of RTP Update/Gap Analvsis
Attachment
Staff will provide an update on the
status of the RTP update process and
the Gap Analysis to bring the 2004
RTP into SAFETEA-LU compliance.
7.0 MAGLEV TASKFORCE REPORT
8.0 GOODS MOVEMENT TASK
FORCE REPORT
9.0 CHAIR'S REPORT
10.0 STAFF REPORT
10.0 FUTURE AGENDA ITEMS
PAGE #
Naresh Amatya,
SCAG Staff
32
Hon. Robin Lowe,
Chair
Hon. Art Brown,
Chair
Hon. Harry Baldwin
Rich Macias,
SCAG Staff
Any connnittee members or staff desiring to place items on a future agenda
may make such request. Comments should be limited t.o three minutes.
12.0 ANNOUNCEMENTS
13.0 ADJOURNMENT
The next meeting of the Transportation and Communications Connnittee
will beheld on Occember 14,2006 at the SCAG offices in downtownl,.osAngeles.
iii
TIME
10 minutes
2r5s01! November 2006
Created by T A YLORL
I0I25120061l:51:38AM
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t (213) 236-1800
f (213) 236-1825
www.scag.ca.gov
otfIceu: President: Yvonne B. Burke, Los
AngelesCounty.FlrstVicePresldent:GaryDvltt,
San Bemardlno County. SerondVice President:
Richalll Dixon, lake Forest . Immediate Past
Presklent:ToniYo.ung, Port Hueneme
ImperlafCounty: Victor (au1ll0, Imperial
County.JonEdney,E1Centro
Los Angeles County: Yvonne B. BU/Ire, Los
Angeles County.lf.vYaroslavsky,LosAngeles
County. Jim Aldinger, Manhattan Bea.d1. IIarry
'kJwln, San Gabriel. Paul Bowlen.Cerritos.
1Id Campbell,Burbank.Tony Cardenas, Los
Angeles. Stan Carroll,La Habra Heights.
Margaret Oark, Rosemead. Gene Daniels,
Paramount. Mike Oispenza, Palmdale . Judy
Dunlap, IngleWOod.RaeGabelich,Long Beach.
DavidGafin,Downey.ErlcGarcelll,LosAngeles
. Wendy Greuel, Los Angeles - FrankGurur~,
Cudahy.JanlceHahn,LosAngeles.lsadorellall,
Compton. KellhW. Hanks, Alusa.Jose HulZilr,
LosAngeles.TomlaBonge,LosAngeles.Paula
Lantz, Pomona. Paul Nowatka,Torrance-Pam
O'Connor, Santa Monica. Alex Pad1lla, Los
Angeles. BernardParks, LosAngeles.Jan Peny,
Los Angeles. Ed Reyes, LosAngeles. BiU
Rosendahl, Los Angeles. Greig Sm1th, Los
Angeles. Tom Sykes, Walnut. Paul Talbot,
Alhambra. Mike Ten, South Pasadena-Tonia
Reyes Uranga, Long Beath. Antonio
Villaralgosa, Los Angeles. OennisWashbum,
Calabasas. Jack Weiss, Los Angeles. HerbJ.
Wesson, Jr., Los Angeles. DennlsZlne,Los
Angeles
Orange County:Chrls Norby, Drange.Counl)"
Christine Barnes, la Palma . John Beauman,
Brea. Lou Bone,TU5tIn.Art Brown, Buena Park
. Richard Chavez, Anaheim. Debbie Cook,
Huntington Beach - Leslie O<Ilgle, Newport
Beach.RlchardOixon, Lake Forest. Paul Glaab,
lagunaNiguel. Malilynn Poe,losAlamilO5
RlversideCounty:JeffStone,RiversldeCounty
. Thomas Buckley, Lake Elsinore. Bonnie
Flickinger, Moreno Valley . Ron Loverldge,
Rive~ide. Greg Pettls, Cathedral CIty. Ron
Roberts,Temeada
San Bernatdino County: Gary Ovitt, San
Bemardlno County. lawrence Dale, Barstow.
Paul Eaton, Montdalr. Lee Ann Garcia,Grand
Terrace.TimJasper,TownofAppleValfey.Larry
McCallon, Hlghrand. Deborah Robenson, Rlalto
.AlanWapner,Ontarlo
""!lIturaCounty:JIldyMlkels,VenturaCounty.
/IlB&erra,SimiVaUey.CarlMorehouse,San
.<lUenaventura.TonlYoung,PorlHueneme
Orange County Transportation Authotlty:
LOllCotrea,CountyofDrange
Riverside County Transportation
Commission: Robin Lowe, Hemet
Ventura County Transportation
Commission: Keith MlIIhouse, Moorpark
OS.09.06
No. 480
Meeting of the
Thursday, November 2, 2006
12:00 Noon - 1 :30 p.m.
SCAG Offices
818 W. 7th Street, 12th Floor
San Bernardino Conference Room A & B
Los Angeles, California 90017
213.236.1800
Agendas and Minutes for the
Regional Council are also available at
www.scag.ca.gov/committees/rc.htm
If members of the public wish to review the attachments or
have any questions on any of the agenda items, please contact
Shelia Stewart at 213.236.1868 or stewart@scag.ca.gov.
SCAG, in accordance with the Americans with Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in order to
participate in this meeting. If you require such assistance, please contact SCAG at
213.236.1868 at least 72 hours in advance of the meeting to enable SCAG to make
reasonable arrangements. To request documents related to this document in an
alternative format, please contact 213.236.1868.
REGIONAL
Co U N elL
o
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PAGE #
TIME
"Any item listed on the agenda (action or information) may
be acted upon at the discretion of the committee"
1.0
CALL TO ORDER & PLEDGE OF
ALLEGIANCE
Hon. Yvonne Burke
President
2.0 PUBLIC COMMENT PERIOD - Members of the public desiring
to speak on items on the agenda, or items not on the agenda, but
within the purview of the Council, must fill out and present a
speaker's card to the Executive Assistant prior to speaking. A
speaker's card must be turned in before the meeting is called to
order. Comments will be limited to three minutes. The President
may limit the total time for all comments to twenty minutes.
3.0 CONSENT CALENDAR
o
3.1
Approval Items
3.1.1 Minut.es of October 5. 2006 Meeting
Attachment
6
3.1.2 Caltrans Transportation Planning Grant.
Applicat.ions Attachment (Administration) 14
3.1.3 Resolution #06-480-1 Applicat.ion for Blueprint. 17
Planning Grant Funds Attachment (Administration)
3.1.4 Memorandum of Understanding (MOU)
Regarding the Large Urbanized Area
Grant Funds Attachment (Administration)
21
3.1.5 Funding Support for the California Regional
Progress Report Attachment (Administration)
23
3.1.6 Contracts over $250.000
Attachment
31
. (The parenthetical denotes items that have been considered by the listed committee)
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SOUTHERN CALIFORNIA
ASSOCIATION ofGOVERNMEN1S
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3.2 Receive & File
3.2.1 Contracts/Purchase Orders and MOUs between 34
$5.000 - $250.000 Attachment (Administration)
3.2.2 2007 Meetin!! Calendar for the Administration 39
and Policy Comrnit.t.ees and Re!!ional Council
. Attachment (Administration)
3.2.3 CFO Monthlv Financial Report for Au!!ust/
Sept.ember 2006 Attachment (Administration)
42
4.0 PRESIDENT'S REPORT
4.1 Appointments
4.1.1 Informational Hearin!! t.o Senate
Transportat.ion and Housin!! Cornrnit.t.ee
Attachment
48
()
4.1.2 Appointments
5.0 EXECUTIVE DIRECTOR'S REPORT
6.0 ACTION ITEMS
6.1
Administration Committee Report
Hon. Toni
Young, Chair
6.1.1 Draft. Dele!!ation Alrreement re:
Re!!ional Housin!! Needs Assessment
(RHNA) Attachment
53
Recommended Action: Approve
6.2
Transportation & Communications
Committee (TCC) Report
Hon. Harry
Baldwin, Chair
.
,
,
/
ii
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ASSOCIATION of GOVERNMENTS
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6.3
Community. Economic & Human
Development Committee Report
6.3.1 RHNAPilot. Legislation
Attachment
Recommended Action: Approve
final language.
6.3.2 Compass Blueprint Demonstrat.ion
Proiect Selection Attachment
Hon. Paul
Bowlen, Chair
Recommended Action: Approve ranking
of projects; Amend the criteria; and Authorize
negotiation of final project cost.s and if needed
seek additional funds to potentially complet.e
t.he projects.
o
6.4
Energy & Environment
Committee (EEC) Report
6.5
Communications & Membership
Subcommittee Report
6.6
Southwest Compact Task Force
Report
6.6.1 Report on 3rd Annual Bi-Nat.ional
Hearing
7.0 INFORMATION ITEMS
7.1
Hig;hlight.s of the Upcoming 2006
State of the Region Attachment
Staff will present highlight.s of the
upcoming 2006 St.ate of t.he Region
which is currently scheduled for release
on December 11, 2006.
~
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
Hon. Dennis
Washburn, Chair
Hon. Glen
Becerra, Chair
Hon. Jon
Edney, Chair
Hon. Ron
Loveridge,
Chair
iii
PAGE #
TIME
55
60
65
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INFORMATION ITEMS - Cont'd
7.2 Executive Director's Performance
Agreement Julv 1. 2006 to June 30,2007
Attachment
8.0 CLOSED SESSION
A closed session will be held only if necessary to report significant
developments or to take required actions.
8.1 Ratification of Executive Committee Report .
on Performance Evaluation of the Executive
Director Pursuant to Government Code ~54957 (b)(1 )
9.0
EXECUTIVE COMMITTEE REPORT
9.1 Salary and Compensation of Executive Director
10.0 FUTURE AGENDA ITEMS
Any committee member desiring to place items on a future agenda
may make such request. Comments should be limited to three minut.es.
11.0 ANNOUNCEMENTS
12.0 ADJOURNMENT
PAGE #
TIME
104
/')-
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The next meeting of the Regional Council is scheduled for December 14, 2006 at.
the SCAGoffices in downtown Los Angeles.
Iv
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ASSOCIATION of GOVERNMENTS .
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