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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MAY 8,2007 -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.
Next in Order:
Ordinance: 07-07
Resolution: 07-35
CALL TO ORDER:
Mayor Chuck Washington
Prelude Music:
Sienna Naggar
Invocation:
Associate Pastor Jay Cartwright of True Vine Pentecostal Church
Flag Salute and
Flag Ceremony:
Boy Scout Troop 148
ROLL CALL:
Comerchero, Edwards, Naggar, Roberts, Washington
PRESENTA TIONS/PROCLAMA TIONS
Certificate of Achievement oresented to Soencer Lee for attainina the rank of Eaale Scou!
Mental Health Month Proclamation
National Public Works Week Proclamation
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adootion 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 April 1 0, 2007.
3 Resolution aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
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 Reoort as of March 31. 2007
RECOMMENDATION:
2
4.1 Approve and file the City Treasurer's Report as of March 31, 2007
5 A~oointment to the San Diea,o State University Visitor's Center Ad Hoc Sub-Committee - at
the reauest of Council Member Roberts
RECOMMENDATION:
5.1 Appoint City Council Member Roberts to the San Diego State University (SDSU)
Visitor's Center Ad Hoc Subcommittee as well as the appointment of Mayor Pro
Tem Naggar to the SDSU Visitor's Center Ad Hoc Subcommittee.
6 Transoortation Uniform Mitiaation Fee (TUMF) Reimbursement Aareement
RECOMMENDATION:
6.1 Approve the Agreement in the amount $4,078,000 for the Funding of TUMF Zone
Arterial Network Improvements between the Western Riverside Council of
Governments (WRCOG) and the City of Temecula for the Winchester Road/l-15
Interchange Improvement Project;
6.2 Authorize the City Manager to execute the agreement.
7 Contract for Bridae Fencina Architectural Enhancements on the Southerlv Side of the
Overland Bridae over Interstate 15 - Proiect No. PW05-09
RECOMMENDATION:
7.1 Award a contract to Howe Welding & Fabrication to furnish & install architectural
enhancements on the bridge fence on the southerly side of the Overland Drive
Overcrossing, Project No. PW05- 09, in the amount of $168,281.80;
7.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $16,828.18, which is equal to 10% of the contract amount;
7.3 Approve an appropriation of Development Impact Fees - Public Art in the amount of
$155,500 to cover the administrative and furnish & installation costs for this project.
8 Award the Construction Contract for the Slurrv Seal Proiect FY2006-2007 - Meadowview
Area - Proiect No. PW07-03
RECOMMENDATION:
8.1 Award a construction contract for the Slurry Seal Project FY 2006-2007,
Meadowview Area, Project No. PW07-03, to American Asphalt South, Inc. for the
base bid amount of $842,570.00 plus the additive bid amount of $88,400.00 for a
total contract amount of $930,970.00 and authorize the Mayor to execute the
contract;
3
8.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $93,097.00, which is equal to 10% of the contract amount.
9 A~oroval of the Plans and Soecifications and Authorization to Solicit Construction Bids for
the Citywide Concrete Reoairs Phase II - FY2006-07 - Proiect No. PW07-06
RECOMMENDATION:
9.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Citywide Concrete Repairs Phase II - FY 2006-07
- Project No. PW07-06.
10 Temecula Public Librarv Technoloav Maintenance Aareement
RECOMMENDATION:
10.1 Authorize the purchase of a four year maintenance support agreement for the
Vernon Library Systems book return sorter, security gates, self check stations, staff
stations, and inventory wand for an annual amount of $18,384 and a four year total
amount of $73,536.
11 .Second Readina of Ordinance No. 07-03
RECOMMENDATION:
11.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM MEDIUM
DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO-
11) AND ADOPTING SECTIONS 17.22.220 THROUGH 17.22.228 INCLUDING
THE PDO-11 TEXT AND DEVELOPMENT STANDARDS FOR THE
DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED HOMES ON
CONDOMINIUM LOTS ON PROPERTY LOCATED AT 29601 MIRA LOMA ROAD,
GENERALLY LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA
ROAD AND MIRA LOMA DRIVE (APN 944-060-006)
12 Second Readina of Ordinance No. 07-04
RECOMMENDATION:
12.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
PROHIBITING SMOKING IN AND AROUND MULTI-UNIT RESIDENCES AND
4
ADDING CHAPTER 30 TO TITLE 17 OF THE TEMECULA MUNICIPAL CODE
REGULATING SMOKING IN MULTI-UNIT RESIDENCES
13,second Readina of Ordinance No. 07-05
RECOMMENDATION:
13.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
PROHIBITING SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT,
AND CERTAIN OTHER LOCATIONS AND ADDING CHAPTER 36 TO TITLE 8 OF
THE TEMECULA MUNICIPAL CODE REGULATING SMOKING
14 Second Readina of Ordinance No. 07-06
RECOMMENDATION:
14.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTIONS 3.32.010 AND 3.32.050 OF THE TEMECULA MUNICIPAL
CODE REGARDING THE CONSTRUCTION ON PUBLIC PROJECTS
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
5
15 Minutes
RECOMMENDATION:
15.1 Approve the minutes of April 24, 2007.
16 First Amendment to Professional Services Aareement for Environmental Clearance for the
Ronald Reaaan Soorts Park Desiltina Basin - Proiect No. PW05-13
RECOMMENDATION:
16.1 Approve the First Amendment to the agreement with Bonterra Consulting in an
amount not to exceed $25,520.00 to provide additional Environmental Services to
complete the Environmental Clearance phase of the Ronald Reagan Sports Park
Desilting Basin - Project PW05-13;
16.2 Advance $25,520.00 from TCSD - Citywide Fund to fund the project until such time
the Federal Emergency Management Agency (FEMA) provides funding through its
reimbursement program.
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
6
17 Minutes
RECOMMENDATION:
17.1 Approve the minutes of April 24, 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.
COUNCIL BUSINESS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, May 22, 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.
7
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Spencer C. Lee
of Troop #384
We congratulate Spencer for his achievement on receiving the rank of Eagle Scout. Weare proud
to present Spencer with this Award, and we wish him success in his future accomplishments.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 8th day of
May, 2007.
Chuck Washington, Mayor
Susan W. Jones, MMC City Clerk
The City of Temecula
PROCLAMATION
WHEREAS, the President's New Freedom Commission declared that mental disorders and mental health
problems affect people of all backgrOlmds and all stages of life; and
WHEREAS, the World Health Organization fOlmd that mental illnesses rank first in terms of causing disability in
the United States and, collectively, are the most prevalent health problems in America today-more common than
cancer, lung, and heart disease combined; and
WHEREAS, the U. S. Surgeon General has found that a range of effective mental health treatments exists for
most mental disorders; and
WHEREAS, the Riverside County Board of Supervisors has made a commitment to community-based mental
health care for all residents.
NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby
proclaim the month of May, 2007, to be
"Mental Health Month in Riverside County"
and call upon all citizens, government agencies, public and private institutions, businesses, and schools to recommit
our community to understanding mental illness.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seat of the City of Temecula
to be affixed this 8'h day of May, 2007.
Chuck Washington, Mayor
Susan W. Jones, MMC, City Cterk
The City of Temecula
PROCLAMATION
WHEREAS, Public Works services provided in our community are an integral part of our everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of Public
Works systems, such as roadway maintenance and repair, drainage facilities, graffiti removal, tree trimming, weed
abatement, and special event assistance; and
WHEREAS, the health, safety, and comfort of the community greatly depends on these services; and
WHEREAS, the quality and effectiveness of these services, as well as their planning, design, and construction, is
vitally dependent upon the efforts and skills ofthe Public Works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works departments is
influenced by the public's understanding of the importance ofthe work they perform; and
NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby
proclaim the week of May 20th through 26th, 2007 to be
"National Public Works Week"
"Public Works: Moving Life Forward"
in the City of T emecula, and encourage all citizens and civic organizations to acquaint themselves with the
issues involved in providing public works services, and to recognize the contributions which public works officials
make every day to our health, safety, comfort, and quality of life.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the Seal of the City of T emecula to be affixed
this 8th day of May, 2007.
Chuck Washington, Mayor
Susan W. Jones, MMC, City Clerk
CONSENT CALENDAR
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ITEM NO.1
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ITEM NO.2
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
APRIL 10,2007
The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced
at 7:00 p.m., on Tuesday, April 10, 2007, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California.
Present:
5
Council Members:
Comerchero, Edwards, Naggar, Roberts and
Mayor Washington.
Absent:
o
Council Members:
None.
PRELUDE MUSIC
The Prelude Music was provided by Matthew Fagan.
INVOCATION
The invocation was given by Pastor Dominic Occhipinti of Temecula Community Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance and posting of colors was presented by Boy Scout Troop 369.
PRESENTA TIONS/PROCLAMA TIONS
Certificates of Achievement to six recioients of the Arrow of Liaht Award
Congratulating the following individuals for attaining Cub Scouting's highest award, Mayor
Washington presented each individual with a Certificate of Achievement.
o Patrick Baker
oBrian Hizon
o Philip pytak
o David Pletka
Certificate of Achievement oresented to Michael Hansen for attainina the rank of Eaale Scout
On behalf of the City Council, Mayor Washington presented Michael Hansen with a Certificate
of Achievement for receiving the rank of Eagle Scout.
Thanking the Council for its recognition, Michael Hansen relayed how he accomplished the rank
of Eagle Scout.
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Soecial Recoanition to Tonv Elmo
Ms. Alice Sullivan, representing the Temecula Valley Chamber of Commerce, took a moment to
thank Mr. Elmo for his dedication and commitment to the community.
On behalf of the City Council and staff, Mayor Washington honored Mr. Elmo for his 16+ years
of professional and meritorious service to this city; and hereby proclaimed April 1 0, 2007, to be
Tony Elmo Day.
Thanking the City Council and staff for their kind words, Mr. Elmo relayed his appreciation to the
City Council for their years of support and noted that he has thoroughly enjoyed working for the
City of Temecula.
PUBLIC COMMENTS
A. Mr. Jeff Stone, Murrieta, expressed his disappointment with the outcome of the
education center; relayed the importance of an education center in the City; and urged the City
Council to renegotiate the disposition and developmental agreement with the developer.
B. Mr. Roger Ziemer, representing the Murrieta Temecula Group, noted that the
organization will continue to stand behind the hope of an education center in the City of
Temecula.
C. Ms. Cynthia Burch, Temecula, spoke in favor of providing higher education in the City for
its youth and surrounding region.
D. Mr. Greg Morrison, Temecula, urged the City Council to reevaluate the issue of an
education center in the City of Temecula.
E. Ms. Carmela Loelkes, Murrieta, strongly urged the City Council to reconsider the position
and grant the appropriate extensions to allow for an education center.
F. In response to Mr. Armstrong's request, Mayor Washington advised him to leave his
phone number with the City Clerk and that he would contact him for an interview regarding his
school project pertaining to the Liberty Quarry.
G. Mr. Ed Prieboy, Temecula, requested that the City Council work to ensure that the city
provide higher education for its youth and surrounding communities.
H. Mr. Brian McClung, Winchester, reiterated the importance of freedom of speech.
I. Mr. Sterling Roulette, representing Mt. San Jacinto College, relayed the importance of
quality education being offered to the citizens of Temecula.
J. Ms. Barbara Miller, representing the Temecula Valley Garden Club, invited the City
Council to attend its 22nd Annual Flower Show to be held at the Mary Phillips Senior Center on
Saturday, April 28, 2007, at 9:00 a.m.
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K. Mr. Richard Geise, Menifee, relayed the burden of the many students traveling long
distances to college and stated that an education center in town would provide an opportunity
for students to receive local education.
L. Mr. O.B. Johnson also expressed his full support of an educational center in the City.
M. Querying on the fall of the education center, Mr. David Thompson stated that he would
be a long-time supporter of the City of Temecula; relayed that he would be a strong believer of
higher education; and stated that he would be of the opinion that the City Council and developer
must continue to work together to resolve the issues.
N. Mr. Stan Scheer, Murrieta, applauded the City Council on its vision to bring higher
education to the City of Temecula and encouraged the City Council to continue on its path to
bring an education center to the Ciy.
CITY COUNCIL REPORTS
A. Agreeing with the speakers that an education center in the City would be a vital
necessity for its residents and surrounding communities, Council Member Edwards concurred
that an education center would provide prestige for the City of Temecula and the region;
advised that she, as well as the entire City Council have always and continue to be in full
support of the education center in the City; and advised that the proposed site would be
designated as an education center and that she would be hopeful that a developer would come
forward to negotiate a development agreement.
B. Council Member Comerchero thanked the Temecula Valley Garden Club for its
invitation, noting that his wife and he have always enjoyed the show. Commenting on the fall of
the education center, Council Member Comerchero noted that he has been in full support of the
education center in the City; advised that due to the complexity of the project and circumstances
that have been brought forward by the developer, the City Council had no choice but to protect
the public trust; and stated that he would welcome a way to find a solution to the process and
bring an education center to the City.
C. Educating the public with the history of the project, Mayor Washington apprised the
public of the many challenges that the City has faced with the project and those that it has
resolved such as artifacts, soils, Fairy Shrimp, and underground utilities.
Highlighting on Mayor Washington's comments, City Manager Nelson advised that the City
resolved the artifacts issues, utility issues, the Fairy Shrimp issue, and soil problems; that the
City completed the grading on behalf of the developer; and that the City gave the developer five
different amendments and time extensions to allow three years for the project to move forward.
Offering more information, City Attorney Thorson noted that the Redevelopment funds and the
proposed property would be 20% of the redevelopment agencies (set aside) funds for the
generation and rehabilitation of affordable housing; that the funds were held in trust and that the
only reason the City was able to use them was due to the many findings made three years ago;
that the appraisals and performa analyses resulted in an appropriate amount to be used for
affordable housing; that due to an increase in property value, the findings would no longer be
valid; that the City Council would have a fiduciary duty to use the Redevelopment funds in the
best possible way which would be mandated by statutes; and that the developer had to meet
financing and pre-leasing of both buildings.
R:\Minutes\041 007
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City Manager Nelson added that the developer had to meet the development of construction
documents and closing escrow on the site by a date certain; that the developer was advised in
December 2006 as per fourth amendment, that this would be the last and final extension to
March 30, 2007; and advised that the developer concurred by signing an agreement.
Mayor Washington also noted the minutes of June 28, 2005, indicated Mr. Kading's statement
that he would have all financing issues in order.
For Mayor Washington, City Attorney Thorson noted as the expiration date for the close of
escrow approached, Mr. Kading did not submit any financing documents that would indicate that
the developer would be in need of more time.
City Attorney Thorson concurred with Mayor Washington's remark that one of the bankers had
requested a change of use of the property in question in the event the bank would need to
revoke the property and that to remove risk for the bank in that the bank would not be desirous
of having the property solely restricted to an education center.
D. Echoing previously made comments with regard to the need and desire of an education
center in the City of Temecula, Mayor Pro Tem Naggar relayed the history of the education
center; noted that construction of a education center should currently be underway; and advised
that the City Council has had to make decisions as advised by the City Attorney, noting that the
commitment to an education center would remain. Mayor Pro Tem Naggar requested that the
City Manager bring forward a plan exploring the possibility of an education center, explore its
financing, financial commitments, and whether or not schools would be able to enter into long-
term leases.
E. Council Member Comerchero advised the community that the City Council has been
united in an education center in the City; and relayed that it would be important to understand
that decisions made by the City Council were not based on politics, but rather the City Council's
obligation to protect the public trust and treasury of its citizens.
Mayor Washington advised that his State of the City speech was an opportunity to address
positive issues that were occurring in the City; and thanked Mr. Scheer for contacting him and
sharing his thoughts on how to change the education process and engage our children from the
transition of high school to college.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
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2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of March 22, 2007 (Joint CC/Temecula School Board
Meeting);
2.2 Approve the minutes of March 27, 2007.
3 Resolution aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -27
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 Reoort as of Februarv 28. 2007
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of February 28, 2007.
5 Purchase and Imolementation of Two Automated License Plate Recoanition Svstems
RECOMMENDATION:
5.1 Approve the Purchase and Installation Agreement with PIPS Technology in the
amount of $50,665.38 to purchase and implement two Automated License Plate
Recognition Systems.
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6 Tract Mao No. 31946. located at the north eastern corner of the intersection of Loma Linda
Road and Pechanaa Parkwav
RECOMMENDATION:
6.1 Approve the agreement between the City of Temecula and D.R. Horton;
6.2 Approve the Grant of Sewer Easement to Eastern Municipal Water District (EMWD)
through Pala Community Park;
6.3 Approve Tract Map No. 31946 in conformance with the Conditions of Approval;
6.4 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bond as security for the agreement;
6.5 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
(Item No.6 was pulled for separate discussion; see pages 7 and 8.)
7 Parcel Mao 33874. located on the north side of Reminaton Avenue. aooroximatelv 650 feet
west of Diaz Road
RECOMMENDATION:
7.1 Approve Parcel Map No. 33874 in conformance with the Conditions of Approval.
8 Reauest to Adoot Resolutions of Suooort for Hiahwav 79 and the San Jacinto River Levee
Proiect (at the reauest of Council Member Roberts)
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
EXPRESSING THE CITY COUNCIL'S SUPPORT FOR REQUESTING THE
ASSISTANCE OF ASSEMBLYMAN PAUL COOK TO SEEK THE FUNDING FOR
THE CONSTRUCTION OF HIGHWAY 79 FROM THE NORTHERLY CITY LIMIT
OF SAN JACINTO TO ITS PROPOSED SOUTHERLY TERMINUS IN TEMECULA
8.2 Adopt a resolution entitled:
RESOLUTION NO. 07 -29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
EXPRESSING THE CITY COUNCIL'S SUPPORT FOR REQUESTING THE
ASSISTANCE OF ASSEMBLYMAN PAUL COOK TO SEEK FUNDING FOR THE
SAN JACINTO RIVER, STAGE FOUR (4) LEVEE PROJECT
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9 Records Destruction Aooroval
RECOMMENDATION:
9.1 Approve the scheduled destruction of certain City records in accordance with the
City of Temecula approved Records Retention Policy.
10 Second Readina of Ordinance No. 07-02
RECOMMENDATION:
10.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADDING CHAPTER 8.36 TO THE TEMECULA MUNICIPAL CODE PROHIBITING
THE NON-PERMITTED USE, STORAGE, MANUFACTURING, AND SALE OF
FIREWORKS
MOTION: Council Member Comerchero moved to approve Consent Calendar Item Nos. 1-5
and 7-10 (Consent Calendar Item No.6 was considered under separate discussion; see
pages 7 and 8.) Council Member Edwards seconded the motion and electronic vote reflected
approval with the exce~tion of Mayor Pro Tem Naggar and Council Member Roberts who
abstained on Item No. 2.1.
CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION
Due to a conflict of interest, Council Member Comerchero abstained from Item NO.6
6 Tract Mao No. 31946. located at the north eastern corner of the intersection of Loma Linda
Road and Pechanaa Parkwav
RECOMMENDATION:
6.6 Approve the agreement between the City of Temecula and D.R. Horton;
6.7 Approve the Grant of Sewer Easement to Eastern Municipal Water District (EMWD)
through Pala Community Park;
6.8 Approve Tract Map No. 31946 in conformance with the Conditions of Approval;
6.9 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bond as security for the agreement;
6.10 Approve the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
Director of Public Works Hughes provided the City Council with a brief report (as per written
material).
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Mr. Joo S. Lee, Los Angeles, noted that he had previous concerns with the proposed project but
relayed that all concerns have been resolved.
Assistant City Manager Johnson noted that Mr. Lee inadvertently remarked on the wrong item,
advising that he intended to address Item No. 15.
For the record, City Attorney Thorson advised that Council Member Comerchero would be
abstaining on Consent Calendar Item NO.6.
MOTION: Council Member Roberts moved to approve staff recommendation. Council Member
Edwards seconded the motion and electronic vote reflected approval with the exceotion of
Council Member Comerchero who abstained.
At 8:22 p.m., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency. At 8:24 p.m., the City Council resumed with regular
business.
PUBLIC HEARING
15 Plannina Aoolication Nos. PA05-0109 and PA05-0234. a Tentative Tract Mao (33584) for
condominium ourooses to subdivide 7.2 acres into three lots (one residential condominium
lot. one recreation lot. and one o~en soace lot). and a Planned Development Overlav to
orovide for develo~ment standards for the site that are soecific to sinale-familv.. homes on,
condominium lots throuah the adootion of orooosed PDO-11 Sections 17.22.220 throuah
j7.22.228. includina the PDO text and Develooment Standards.
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING TENTATIVE TRACT MAP NO. 33584 TO SUBDIVIDE 7.2 ACRES
INTO THREE LOTS (ONE RESIDENTIAL CONDOMINIUM LOT, ONE
RECREATION LOT, AND ONE OPEN SPACE LOT) FOR THE DEVELOPMENT
OF 62 SINGLE-FAMILY DETACHED HOMES ON A CONDOMINIUM LOT ON
PROPERTY LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY LOCATED
AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA
DRIVE (APN 944-060-006)
R:\Minutes\041 007
8
15.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM MEDIUM
DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO-
11) AND ADOPT PDO-11 SECTIONS 17.22.220 THROUGH 17.22.228
INCLUDING THE PDO-11 TEXT AND DEVELOPMENT STANDARDS FOR THE
DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED HOMES ON
CONDOMINIUM LOTS ON PROPERTY LOCATED AT 29601 MIRA LOMA ROAD,
GENERALLY LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA
ROAD AND MIRA LOMA DRIVE (APN 944-060-006)
Director of Planning Ubnoske provided a staff report (of record).
At this time, the public hearing was opened.
Mr. Joo S. Lee advised that he is the property owner adjacent to the proposed project and that
he had some concerns. Having recently learned that the Planning Department has approved a
10-foot wide paved access road adjacent to the parcel owned by him; he, therefore, no longer
expressed concerns with the proposed project.
Referencing Mr. Lee's previous concern, Director of Planning Ubnoske advised the City Council
that the applicant addressed Mr. Lee's concern.
Mr. Brad Hay, representing the proposed project, advised the City Council that the applicant
agreed to provide a 10-foot paved access road to Mr. Lee's property which would address his
concern.
At this time, the public hearing was closed.
Relaying his support for the project, Mayor Pro Tem Naggar thanked the applicant for the
additional enhancements.
At this time, City Attorney Thorson introduced and read by title only Ordinance No. 07-30 and
Ordinance No. 07-03.
MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member
Edwards seconded the motion and electronic vote reflected unanimous aooroval.
COUNCIL BUSINESS
16 Aoorove the Old Town Civic Center Phase II Master Plan and Aoorove a Professional
Services Aareement with Nichols. Melbura and Rossetto. Architects for Desian of the
Phase II Old Town Civic Center Proiect
RECOMMENDATION:
16.1 Approve the Old Town Civic Center Phase II Master Plan;
R:\Minutes\041 007
9
16.2 Approve a Professional Services Agreement with Nichols, Melburg & Rossetto for
design of the Old Town Civic Center Phase II project in the amount of
$4,279,017.00;
16.3 Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $427,901.70 which is equal to 10% of the Agreement;
16.4 Approve an appropriation in the amount of $4,750,000.00 from the Undesignated
General Fund Balance for administrative and design costs for this project.
Principal Planner Brown provided a brief staff report (of record) and introduced Mr. Less
Melburg.
Mr. Melburg, representing Nichols, Melburg & Rosetto (NMR), Architects for the design of
Phase II Old Town Civic Center Project provided a detailed PowerPoint Presentation,
highlighting on the following:
o Pre-Schematic Site Plan
o Grading Scheme
o Building Plan.
At this time, City Manager Nelson provided the financial planning aspect of the proposed Civic
Center (per staff report), noting the following:
o That construction cost for the Civic Center including contingencies would be estimated to
be $44 million
o That an additional $5 million would be required to support all the data information,
furniture, fixtures and equipment, utility and sewer fee soils, material testing, project
administration, and miscellaneous costs
o That since the City acquired the property supporting the Civic Center project, there has
been nearly $25 million in private investment in Old Town; and that it would further be
estimated that over the next 10 to 20 years there will be an additional $50 million to $100
million in private investment in Old Town as a result of the City's Redevelopment efforts
o That the City will assess the COP financing in mid 2008
o That the debt service cost on the COP bonds would be projected to be $1.7 million to $2
million annually on a 30-year term
o That a new revenue stream to pay for the annual debt service has been identified
o That the existing City Hall facility would be a valuable City financial asset that may be
utilized to potentially off-set construction costs
o That there would be a plan to enter into land leases with parcels that would be outside of
the town square for potential retail and office professional uses; advising that this would
be estimated to generate $150 thousand to $200 thousand on an annual basis to further
off-set operational costs related to the new Civic Center
o That staff has diligently explored every aspect of the proposed project; that staff has an
excellent understanding of the financial requirements of the project; and noted that staff
will be working diligently with NMR to keep the projected costs within the budget targets.
Relaying his enthusiasm for the proposed project, City Manager Nelson recognized Mr. Gary
Thornhill for his passion for building a Civic Center in Old Town and creating a downtown for the
City.
R:\Minutes\041 007
10
Speaking highly of Nichols, Melburg & Rosetto Associates (NMR), Council Member Comerchero
relayed his excitement toward the plan; relayed that he would be looking forward to working with
NMR; and thanked staff for its efforts with regard to the project.
Congratulating the subcommittee for its hard work, dedication, and commitment to the design of
the Civic Center, Mayor Pro Tem Naggar expressed his excitement with NMR developing a
thorough understanding of the City's vision for the Old Town Civic Center; encouraged staff to
explore alternate methods to generate revenue; relayed the importance of the City leasing
property that would generate income to support the Civic Center's funding; and expressed his
enthusiasm to the future of Old Town.
Reminiscing on childhood memories, Council Member Edwards stated that the Civic Center
would not only serve City staff but would be an Old Town square gathering place with a
community room, water features, and court yards to be used by its residents; and relayed her
excitement for the overall project.
Commenting on the projects that MNR have completed, Council Member Roberts relayed his
full support of this project.
Echoing previously made comments regarding the Civic Center, Mayor Washington applauded
City Manager Nelson on the financing process; and relayed his excitement for the citizens of
Temecula being able to enjoy the Civic Center for decades to come.
MOTION: Mayor Washington moved to approve staff recommendation. Council Member
Edwards seconded the motion and electronic vote reflected unanimous aooroval.
CITY MANAGER REPORT
No additional comments.
CITY ATTORNEY REPORT
With respect to closed session, City Attorney Thorson advised that there was no formal action to
report under the Brown Act.
ADJOURNMENT
At 9:14 p.m., the City Council meeting formally adjourned to Tuesday, April 24, 2007, 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.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
R:\Minutes\041 007
11
I~-- .
,
II
ITEM NO.3
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~r-
1112.
(JG....
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
May 08, 2007
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Accounting Manager
Leah Thomas, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
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. 07-
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, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $2,864,615.1 O.
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 8th day ofMay , 2007.
Chuck Washington, 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. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 8th day of May, 2007, 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
04/19/2007 TOTAL CHECK RUN: $ 2,000,837.99
04/26/2007 TOTAL CHECK RUN: 402,398.24
04/19/2007 TOTAL PAYROLL RUN: 461,378.87
TOTAL LIST OF DEMANDS FOR 05/08/07 COUNCIL MEETING: $ 2,864,615.10
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 772,314.68
165 RDA LOW/MOD - 20% SET ASIDE 8,037.35
190 TEMECULA COMMUNITY SERVICES DISTRICT 244,432.61
192 TCSD SERVICE LEVEL B 63,869.39
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 21,384.36
194 TCSD SERVICE LEVEL D 867.62
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 5,222.15
197 TEMECULA LIBRARY FUND 1,446.46
210 CAPITAL IMPROVEMENT PROJECTS FUND 1,066,421.30
280 REDEVELOPMENT AGENCY - CIP PROJECT 9,320.51
300 INSURANCE FUND 11,634.77
320 INFORMATION SYSTEMS 65,710.82
330 SUPPORT SERVICES 14,218.04
340 FACILITIES 8,780.70
460 CFD 88-12 DEBT SERVICE FUND 1,411.27
472 CFD 01-2 HARVESTON A&B DEBT SERVICE 29,326.71
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 48,934.97
474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 3,831.52
475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 9,599.86
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 14.418.39
477 CFD- RORIPAUGH 2,052.75
$ 2,403,236.23
001 GENERAL FUND $ 307,806.52
165 RDA LOW/MOD - 20% SET ASIDE 4,966.39
190 TEMECULA COMMUNITY SERVICES DISTRICT 98,372.29
192 TCSD SERVICE LEVEL B 114.14
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,107.62
194 TCSD SERVICE LEVEL D 841.69
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 576.74
280 REDEVELOPMENT AGENCY - CIP PROJECT 3,115.25
300 INSURANCE FUND 1,231.45
320 INFORMATION SYSTEMS 26,255.16
330 SUPPORT SERVICES 3,758.74
340 FACILITIES 9,232.88
461,378.87
TOTAL BY FUND: $ 2,864,615.10
apChkLst Final Check List Page: 1
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
847 04/17/2007 000444 INSTATAX (EDD) UI & ETT taxes 1st qtr 2007 payment 60,947.43 60,947.43
848 04/11/2007 005460 U S BANK secured prior year FY 06-07 payment 99,953.18 99,953.18
849 04/19/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 80,750.18 80,750.18
850 04/19/2007 000444 INSTATAX (EDD) State Disability Ins Payment 19,915.55 19,915.55
851 04/19/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,929.26 19,929.26
SOLUTION
852 04/19/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 114,992.86 114,992.86
RETIREMENT)
853 04/19/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 3,411.78 3,411.78
NATIONWIDE RETIREMENT
115253 04/19/2007 004765 ACTIVE NETWORK INC, THE Refund:M.Welty#1401.101 track/f1d 100.00
Refund:D.Salazar #1401.101 track/f1d 100.00
Refund:B.Moran #1401.101 trackffld 100.00
Refund:C.Christian #1609.102 76.00
Refund:J.Hernandez #1115.105 42.00
Refund:J.Hernandez #1115.104 35.00
Refund:J.Hernandez #1115.106 25.00 478.00
115254 04/19/2007 009374 ALLEGRO MUSICAL VENTURES Piano tuning/maint svc:Theater 135.00 135.00
115255 04/19/2007 000936 AMERICAN RED CROSS Training materials:aquatics pgrm 1,740.00 1,740.00
115256 04/19/2007 008279 AMERICOMP IN FOSYSTEMS INC Network SMS software upgrades 2,326.32
Computer Supplies: Info Sys 145.46
Computer Supplies: Info Sys 107.75 2,579.53
115257 04/19/2007 000101 APPLE ON E INC Temp Help PPE 3/31 Knorr, M. 300.40
Temp help PPE 3/31 Jepsen, L. 300.40
Temp Help PPE 3/31 Crockett 60.08
Temp Help PPE 3/31 Reed, M. 60.08 720.96
115258 04/19/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs@ maint facility 556.03 556.03
115259 04/19/2007 003203 ARTISTIC EMBROIDERY Promo items:summer concerts 1,946.23 1,946.23
Page:1
apChkLst Final Check List Page: 2
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115260 04/19/2007 010929 ARTS REACH UN LIMITED INC Subscription: 1 yr Arts Reach 119.00 119.00
115261 04/19/2007 002648 AUTO CLUB OF SOUTHERN Membership:Chris Payne 072238014 47.00
CALIF
Membership:Kevin Harrington 88552229 47.00
Membership:Matt Wiechec 88552195 47.00 141.00
115262 04/19/2007 002713 BALLOONS GALORE Misc supplies:spring egg hunt 457.94 457.94
115263 04/19/2007 004040 BIG FOOT GRAPHICS TCSD instructor earnings 805.00 805.00
115264 04/19/2007 004262 BIO-TOX LABORATORIES DUI drug & alcohol screening:PD 750.80
DUI drug & alcohol screening:PD 454.56
DUI drug & alcohol screening:PD 306.69 1,512.05
115265 04/19/2007 010866 BLANCHARD TRAINING & Speaker:executive retreat 4/19 3,500.00 3,500.00
DEVELOP
115266 04/19/2007 008605 BONTERRA CONSULTING Feb/Mar silt removal:rrsp chnl 990.00 990.00
115267 04/19/2007 010731 CAS A COURT APPOINTED, FY 06/07 CSF grant 2,000.00 2,000.00
SPECIAL ADVOCATES FOR
115268 04/19/2007 003138 CAL MAT PW patch truck materials 505.42
PW patch truck materials 450.61
PW patch truck materials 193.79
PW patch truck materials 179.08 1,328.90
115269 04/19/2007 005384 CALIF BAGEL BAKERY & DELI Refreshments:CM mtg 219 94.28 94.28
115270 04/19/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00
115271 04/19/2007 010939 CALIF DEPT OF INDUSTRIAL cert of compliance:crc waterslide 250.00 250.00
115272 04/19/2007 004248 CALIF DEPT OF JUSTICE- Feb '06 fingerprinting svcs:Police 81.00 81.00
ACCTING
115273 04/19/2007 000398 CALIF MUNI TREASURERS ASSN Mb:25240 G.RobertslR.Graciano 150.00 150.00
115274 04/19/2007 005061 CALIF PLANNING FOUNDATION Prof DevWkshp 5/4 SM:D.West
100.00
100.00
115275 04/19/2007 000131 CARL WARREN & COMPANY INC 1/23-4/4 Claim adjuster svcs
90.48
90.48
Page2
apChkLst Final Check List Page: 3
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115276 04/19/2007 000137 CHEVRON USA INC City vehicles fuel: Police 1,304.66
City vehicles fuel: CM & PO 436.89 1,741.55
115277 04/19/2007 005417 CINTAS FIRST AID & SAFETY First aid supplies: PW 571.15 571.15
115278 04/19/2007 004017 COMERCHERO, JEFF Reimb: NLCC Conf:3/1G-14:Wshgtn DC 98.39 98.39
115279 04/19/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05
115280 04/19/2007 000442 COMPUTER ALERT SYSTEMS svc call: t'v1l1 & chapel 299.81
Apr-Jun fire alarm monitoring:pbsp 194.28 494.09
115281 04/19/2007 010932 CONNARY, FRED AND JADE Refund:grading deposit 8/25/03 995.00 995.00
115282 04/19/2007 010940 CORTES, IRMA Refund:Security Dep CRC 3/30 150.00 150.00
115283 04/19/2007 010198 COSSABOOM, JILL Refund:Brooke Lifeguard Trng 130.00 130.00
115284 04/19/2007 001264 COSTCO WHOLESALE Supplies: art show at the Merc 31.53 31.53
115285 04/19/2007 010650 CRAFTSMENT PLUMBING & Plumbing srvcs: PBSP 11,520.00
HVACINC
Water pressure regulator:stn 73 910.00 12,430.00
115286 04/19/2007 008810 CROSSTOWN ELECTRICAL & prgss: intersection monitoring pw05-05 2,160.00 2,160.00
DATA
115287 04/19/2007 004123 D L PHARES & ASSOCIATES May LeaselCAM Chgs:PD OTS 2,556.79 2,556.79
115288 04/19/2007 008943 DGS PROCUREMENT DIVISION admin fee:CMAS contract use 18.81 18.81
115289 04/19/2007 002701 DIVERSIFIED RISK Mar special events premiums 5,088.86 5,088.86
115290 04/19/2007 007495 EARTH RESOURCE MAPPING INC ER Mapper Ann'l Maint:GIS 1,155.00 1,155.00
115291 04/19/2007 000395 ECONOMIC DEVELOPMENT qtrly luncheon NaggarMlolnick 4/26 90.00 90.00
CORP
115292 04/19/2007 007364 EMED COMPANY INC sign:conf room/meeting in session 61.24 61.24
Page:3
apChkLst Final Check List Page: 4
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115293 04/19/2007 000165 FEDERAL EXPRESS INC 3/29-4/3 Express mail svcs 80.86 80.86
Page:4
apChklst
04/1912007
2:32:19PM
Check # Date
Vendor
Bank: union UNION BANK OF CALIFORNIA
115294 04/19/2007 003347 FIRST BANKCARD CENTER
INTL COUNCIL OF SHOPPING
JURYS WASHINGTON HOTEL
CLAIM JUMPER RESTAURANT
MEDIA DISTRIBUTORS
NATIONAL LEAGUE OF CITIES
MILANOS
JVC SERVICE & ENGINEERING
CO
TONY ROMAS
HILTON
VERIZON WIRELESS LLC
RANCHO FORD LINCOLN
MERCURY
CA P 10
JOHNNY CARINO'S LLC
MIRAGE THE HOTEL & CASINO
PAT & OSCARS RESTAURANT
INTL COUNCIL OF SHOPPING
INTL COUNCIL OF SHOPPING
INTL COUNCIL OF SHOPPING
ONTARIO AIRPORT
ONTARIO AIRPORT
TRATTORIA ITALIANO
PICK-UP STIX
TERRACE POINT CAFE
ARRIBA GRILL
BERTOLINI'S
BEST BUY COMPANY INC
BEACH BREAK
FILlPPIS PIZZA GROTTO
Final Check List
CITY OF TEMECULA
(Continued)
Description
SN Regist:lCSC Conf:staff:5-20-23
ME Hotel:NlCC Conf:3/10-14:Wshgtn
ME Refreshments:Business Mtg
TT Audio Tapes - Bulk purchase
ME Regist:NlC Ann'l Cf:11/13-17/07
SJ Refreshment: CityfTVUSD Mtg
TT Camera repairs
SJ Refreshments:Council Closed Session
SJ Hotel:Gwyn Flores:Palm Sprgs Conf
TT 2 blue tooth headsets
WH Warranty Deductible:F650 Truck
TT Award entry fee
TT Refreshments:Budget Mtg
AA Internet:Periormance Inst:3/12-14
RJ Refreshments: Working Mtg
JM Annual Membership dues
ME Annual Membership dues
MN Annual Membership Dues
AA Prkg:Periormance Inst:3/12-14
ME Meal:NlCC Conf:3/1G-14:Wshgtn
ME Meal:NlCC Conf:3/1G-14:Wshgtn
RJ Refreshments: Planning Comm.Mtg
AA Meal:Periormance Inst:3/12-14
JM Refreshments: Budget Mtg
AA Meal:Periormance Inst:3/12-14
AA Treo mobile charger
SJ Retirement Gift for Tony Elmo
TT Refreshments:IS Library Mtg
Page: 5
Amount Paid
Check Total
2,415.00
937.55
603.29
384.67
375.00
286.00
235.14
181.03
138.00
122.92
100.00
85.00
80.85
58.40
52.22
50.00
50.00
50.00
45.00
45.00
43.45
39.87
37.33
37.00
35.25
34.47
32.33
27.62
PageS
apChklst Final Check List Page: 6
04/1912007 2:32:19PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
STADIUM PIZZA INC TT Refreshments:Staff Training 27.51
HilTON ME Meal:NlCC Conf:3/1G-14:Wshgtn 22.15
MARIE CAllENDER SJ Refreshments:Council Closed Session 19.98
RESTAURANT 25
El RANCHO NUEVO JM Refrshmnts:Mtg w/M.Edwards 15.00
SMITHSONIAN INFORMATION ME Meal:NlCC Conf:3/1G-14:Wshgtn 11.11
TT Bank charge credit -2.37 6,675.77
115295 04/19/2007 005977 FISCHER, DONNA Refund:Colby Lifeguard Trng 130.00 130.00
115296 04/19/2007 006531 FORMOE, GARY Reimb: ICBO certification renewal 100.00 100.00
115297 04/19/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
115298 04/19/2007 000172 GASB Subscription: 1 yr GASB 175.00 175.00
115299 04/19/2007 010326 G E 10NICS INC 01 tanks:reverse osmosis washer 112.75
01 tanks:reverse osmosis washer 58.88 171.63
115300 04/19/2007 010936 GALVAN, NANCY Refund: Cite 48073 O\ffpmt 50.00 50.00
115301 04/19/2007 005405 GilLILAND, ROBIN prgm supplies:kids cooking classes 101.83 101.83
115302 04/19/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: TCSO/Library 9,341.82
INC
Hardware supplies: TCSO 689.52
Office supplies: Econ Oev/CM 228.03 10,259.37
115303 04/19/2007 003792 GRAINGER Floor EquipmentFire Stn 92 1,076.99 1,076.99
115304 04/19/2007 010934 GUTIERREZ, RICHARD Reimb:MCSE training program 215.49 215.49
115305 04/19/2007 005311 H20 CERTIFIED POOL WATER Pool svcs/supplies:CRC & TES 900.00 900.00
SPCl.
115306 04/19/2007 004053 HABITAT WEST INC Feb biological svcs:long Cnyn Basin 554.00
Mar biological svcs:long Cnyn Basin 554.00 1,108.00
115307 04/19/2007 000378 HAFELI, THOMAS computer supplies: info sys 267.19 267.19
Page:6
apChkLst Final Check List Page: 7
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115308 04/19/2007 000186 HANKS HARDWARE INC Hardware supplies: Fire Dept 1,489.71
Hardware supplies: Ch Museum 741.99
Hardware supplies: TCSD parks 354.67
Hardware supplies: CRC 203.42
Hardware supplies: TCC 187.53
Hardware supplies: Ch Museum 136.01
Hardware supplies: Aquatics 15.82 3,129.15
115309 04/19/2007 000366 HARRINGTON, KEVIN Reimb: CPRS Conf:3/6-9/07:Sacr. 364.89 364.89
115310 04/19/2007 004811 HEWLETT PACKARD H P AD Servers: Info Sys 5,021.95 5,021.95
115311 04/19/2007 000871 HILTON natl comm prep cf:6/1D-13 ms,tb,tm 1,620.09 1,620.09
115312 04/19/2007 007792 HINTON, BEVERLY L. TCSD instructor earnings 153.30 153.30
115313 04/19/2007 005748 HODSON, CHERYL A. Support Payment 6.38 6.38
115314 04/19/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 10,437.45 10,437.45
303355
115315 04/19/2007 000863 I PMA Reg:Grant Yates 5/7-5/11 WR Conf 225.00 225.00
115316 04/19/2007 004406 IGOE & COMPANY INC Apr flex benefit plan pmt 407.50 407.50
115317 04/19/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals:crcltes 245.63 245.63
INC
115318 04/19/2007 000199 INTERNAL REVENUE SERVICE PO CAP Team 501c3 user fee 300.00 300.00
115319 04/19/2007 003296 INTL CODE COUNCIL Membership:07 OEC ICC class A 60.00 60.00
115320 04/19/2007 006924 INTL MUNICIPAL SIGNAL ASSOC. traffic signal manuals:PW 40.00 40.00
115321 04/19/2007 003266 IRON MOUNTAIN OFFSITE Info sys tape storage:Records 377.00 377.00
115322 04/19/2007 010119 IRS-OIC Sup Pmt Offer#1 000497587 452379267 140.11 140.11
115323 04/19/2007 001186 IRWIN, JOHN TCSD instructor earnings 138.60 138.60
Page:?
apChkLst Final Check List Page: 8
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115324 04/19/2007 009393 J M DIAZ INC Dec design svcs:pala rd impr II 398.41 398.41
115325 04/19/2007 010857 JACK'S NUTS INC Refreshments:admin lunch mtg 432.50 432.50
115326 04/19/2007 010938 JOHNSTON, KENNETH A Refund: Cite 59028 Dismissed 65.00 65.00
115327 04/19/2007 002424 KELLEY DISPLAY INC Shipping:RDA Banners 82.12 82.12
115328 04/19/2007 002789 KIMCO STAFFING SERVICES INC Temp help PPE 4/8 Kodani, K. 598.13 598.13
115329 04/19/2007 004024 KOCH HEATING & AIR res impr pgm:Lourena Osborne 1,795.00 1,795.00
CONDITION
115330 04/19/2007 010933 KUNYSZ, MADEL YN Refund:Rental Library Room 3/31 105.00 105.00
115331 04/19/2007 007188 LAERDAL MEDICAL CORP. CPR/AED supplies:paramedics 1,036.28 1,036.28
115332 04/19/2007 006284 LEWIS & LEWIS ENTERPRISES equip repair: Police 10.72 10.72
115333 04/19/2007 006897 LORY, SUSAN, J. TCSD instructor earnings 415.80
TCSD instructor earnings 415.80
TCSD instructor earnings 403.20
TCSD instructor earnings 336.00
TCSD instructor earnings 308.00
TCSD instructor earnings 280.00
TCSD instructor earnings 280.00
TCSD instructor earnings 252.00
TCSD instructor earnings 220.50
TCSD instructor earnings 201.60
TCSD instructor earnings 196.00
TCSD instructor earnings 168.00
TCSD instructor earnings 126.00
TCSD instructor earnings 126.00
TCSD instructor earnings 94.50 3,823.40
115334 04/19/2007 010204 M T G L INC Feb geotech srvcs:Field Oper Ctr 6,825.00 6,825.00
115335 04/19/2007 003782 MAIN STREET SIGNS signs & supplies:PWMaint 1,903.94 1,903.94
115336 04/19/2007 004141 MAINTEX INC Custodial Supplies:West Wing 96.41
Custodial Supplies:City Hall 74.67 171.08
Page:8
apChkLst Final Check List Page: 9
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115337 04/19/2007 001967 MANPOWER TEMPORARY temp help PPE 03/25 T.R.Irv1.G. 947.52 947.52
SERVICES
115338 04/19/2007 010819 MARGULIES CONSULTING inspect waterslide for state eert: ere 1,500.00 1,500.00
ENGINEERS
115339 04/19/2007 000220 MAURICE PRINTERS INC brochures printing sves:Tem.Citizen Corp 879.24 879.24
115340 04/19/2007 001384 MINUTEMAN PRESS business eards:T.MiddleeampfT.Walsh 160.89 160.89
115341 04/19/2007 001892 MOBILE MODULAR 3/10-4/8/07 modular bldg rental:Stn 92 832.40 832.40
115342 04/19/2007 010937 MUNOA, KATHRYN A Refund: Cite 55226 Dismissed 300.00 300.00
115343 04/19/2007 010894 NATIONAL CITIZEN CORPS '07 Nat'1 Cf:T.Buekley/M.Seafidi 6/10-13 650.00 650.00
115344 04/19/2007 010504 NEXTEL COMMUNICATIONS Mise cell phone equip:IS 9.60 9.60
115345 04/19/2007 006140 NORTH JEFFERSON BUSINESS Apr-Jun bus.prk assn dues:F.V.l115 xx20 469.35
Apr-Jun bus.prk assn dues:F.V.l115 xx17 345.45 814.80
115346 04/19/2007 009570 o C B REPROGRAPHICS dup blueprints:multi-purpose trail prjt 1,632.95 1,632.95
115347 04/19/2007 002100 OBJECT RADIANCE INC TCSD Instructor Earnings 252.00 252.00
115348 04/19/2007 006721 OFFICEMAX - A BOISE COMPANY mise office supplies:Finanee 228.74 228.74
115349 04/19/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle Repairlrv1aint Sves 769.38
City Vehicle Repair/Maint SVes 384.69
City Vehicle Repair/Maint SVes 349.56
City Vehicle Repair/Maint SVes 242.80
City Vehicle Repair/Maint SVes 160.00
City Vehicle Repair/Maint SVes 49.27
City Vehicle Repair/Maint SVes 34.27
City Vehicle Repair/Maint SVes 34.27 2,024.24
115350 04/19/2007 004805 PEACOCK ENTERPRISES INC Ink Cartridges for Computer Printers 3,022.93 3,022.93
115351 04/19/2007 010869 PELLE, JESSICA refund:see.depositIrv1PSC 2/9 150.00 150.00
Page:9
apChkLst Final Check List Page: 10
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115352 04/19/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 220.12 220.12
PROGRAM
115353 04/19/2007 000249 PETTY CASH Petty Cash Reimbursement 543.89 543.89
115354 04/19/2007 000253 POSTMASTER Express Mail & Postal Svcs 58.70 58.70
115355 04/19/2007 000254 PRESS ENTERPRISE COMPANY 5/3/07-4/30/08 subscr:Cty Clrk 1633708 165.37 165.37
INC
115356 04/19/2007 003155 PRICE CHOPPER INC Wristbands:teen pgrm 156.95 156.95
115357 04/19/2007 004529 QUAID TEMECULA HARLEY- Mar motorcycle maint:Police 4,446.59 4,446.59
DAVIDSON
115358 04/19/2007 001416 QUICK CRETE PRODUCTS INC 8 concrete food court tables: PBSP 10,076.78 10,076.78
115359 04/19/2007 002072 RANCHO CALIF WATER DIST- plan ck:OT Infrastructure prjts 1,SOO.00 1,500.00
FEES
115360 04/19/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 11,336.45
Apr 01-00-00141-3 Redhwk Prkwy 832.37
Apr 01-00-00160-2 N.Gnrl Kearny 222.80
Various PWWater Meters 183.60
Various RDA Water Meters 62.45 12,637.67
115361 04/19/2007 002654 RANCHO FORD LINCOLN refund:eng deposit/26895 Ynez Rd 995.00 995.00
MERCURY
115362 04/19/2007 004498 REPUBLIC INTELLIGENT Mar add'l streetlight 1,016.88
Mar add'l t1sgnl call 586.06 1,602.94
115363 04/19/2007 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 252.00
TCSD Instructor Earnings 98.00 350.00
115364 04/19/2007 000352 RIVERSIDE CO ASSESSOR Mar assessors maps:B&S 369.00 369.00
115365 04/19/2007 000411 RIVERSIDE CO FLOOD CONTROL Nov-Dec '06 prof svcs:Murrieta Crk 4,997.11 4,997.11
115366 04/19/2007 000406 RIVERSIDE CO SHERIFFS DEPT Collision Invest:Kurylovvicz/Burns 422.00 422.00
Page:10
apChkLst Final Check List Page: 11
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115367 04/19/2007 001365 RIVERSIDE COUNTY OF renew permit:R.V.Snack Bar 98.00
renew permit:Harveston Community Pk 98.00
renew permit:Paloma del Sol Prk 98.00 294.00
115368 04/19/2007 009631 RIVIERA HOTEL AND CASINO hll: ICSC Cf-LV 5/18-24/07 T.M./K.N. 1,340.64 1,340.64
115369 04/19/2007 003587 RIZZO CONSTRUCTION INC c/o #3 pmt:PBSP concession 6,116.00
cia #2 pmt:PBSP concession 1,500.00 7,616.00
115370 04/19/2007 000873 ROBERTS, RONALD H. Reimb: SCAG Mtg:4/4-5:Los Angeles 21.95 21.95
115371 04/19/2007 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 756.00 756.00
115372 04/19/2007 001309 RUSE, PHYLLIS Reimb: SCANATOA Cf:1 0/1 0-11/06 106.38 106.38
115373 04/19/2007 000524 SAFETYLlNE INC safety uniform supplies:public works 300.D3 300.03
115374 04/19/2007 000278 SAN DIEGO UNION TRIBUNE Mar recruitment ads for H.R. 905.01 905.01
115375 04/19/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50
115376 04/19/2007 010089 SECURITAS SECURITY SRVCS 3/30-4/5/07 security svcs:fire stn 95 1,357.96 1,357.96
USA
115377 04/19/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt LO File # 2005033893 150.00 150.00
115378 04/19/2007 010941 SHOUPE, NILDA refund:Parent-and-Me English 75.00 75.00
115379 04/19/2007 010952 SMART DOCUMENT SOLUTIONS document retrieval srvcs/#1442691 DA 46.93 46.93
115380 04/19/2007 000537 SO CALIF EDISON Apr 2-01-202-7330 various mtrs 63,747.24
Apr 2-01-202-7603 arterial st lights 22,613.37
Apr 2-26-887-0789 various mtrs 1,019.18
Apr 2-28-171-2620 Police Mall Stn 446.73 87,826.52
115381 04/19/2007 000519 SOUTH COUNTY PEST CONTROL Mar pest control svcs:City Fac's 451.00
INC
pest control svcs:Fire Stn 92 42.00 493.00
115382 04/19/2007 005786 SPRINT Feb 26-Mar 25(3145-6)AcctlEquip Chrgs 10,708.33
Feb 15-Mar 14 (7006-5) Acct Level Chrg -5,737.69 4,970.64
Page:11
apChklst Final Check List Page: 12
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115383 04/19/2007 000293 STADIUM PIZZA INC rirshmnts:cultural arts pgrm 4/5/07 134.25
rirshmnts:CRC youth pgrm 4/6/07 57.00
rirshmnts:CRC youth pgrm 4/4/07 55.92 247.17
115384 04/19/2007 002366 STEAM SUPERIOR CARPET carpet cleaning srvcs:CRC 325.00 325.00
CLEANING
115385 04/19/2007 001546 STRAIGHT LINE GLASS Res Imprv Pgrm: J. & M. labarrie 478.92 478.92
115386 04/19/2007 003599 T Y L1N INTERNATIONAL Feb prof svcs:Roripaugh/Btrfld Stage Br. 1,650.00 1,650.00
115387 04/19/2007 000305 TARGET BANK BUS CARD SRVCS misc. office supplies:PW 639.36
hospitality supplies Theater 207.10
misc office supplies:MPSC pgrms 146.17
misc supplies:Children's Museum 114.67
misc supplies:F.I.T. pgrm 46.28
credit:ltem returned/F.I.T. Prgm -1.08 1,152.50
115388 04/19/2007 010679 TEMECULA AUTO City veh repair & maintParamedics 1,221.05
REPAIR/RADIATOR
City veh repair & maint:Fire Prevention 738.16
City veh repair & maintParamedics 707.52
City veh repair & maint:Fire Prevention 457.65 3,124.38
115389 04/19/2007 000168 TEMECULA FLOWER CORRAL sunshine fund 246.53 246.53
115390 04/19/2007 004260 TEMECULA STAMP & GRAPHICS stamps: Fire Prevention 399.66 399.66
115391 04/19/2007 000307 TEMECULA TROPHY COMPANY (15) Exceptional Volunteers '07 plaques 387.09
Wall of Honor Plaque:GThornhill 37.71 424.80
115392 04/19/2007 000306 TEMECULA VALLEY PIPE & Mar Irrigation/plumbing supplies:Parks 239.09 239.09
SUPPLY
115393 04/19/2007 004274 TEMECULA VALLEY SECURITY locksmith services: BPSP 89.00
CENTR
locksmith services: Theater 89.00
locksmith services: Library 23.49 201.49
115394 04/19/2007 000919 TEMECULA VALLEY UNIFIED Oct-Feb City vehicles fuel usage:PW 1,922.63
SCHOOL
Oct-Feb City vehicles fuel usage:B&S 640.43
Oct-Feb City vehicles fuel usage:Police 145.85 2,708.91
115395 04/19/2007 007636 THERMO ELECTRON CORP equipment: Fire Stn 73 218.74 218.74
Page:12
apChkLst Final Check List Page: 13
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115396 04/19/2007 010951 THURMAN, DAVE Reimb: CPRS Conf:3/6-9/07:Sacr. 210.77 210.77
115397 04/19/2007 003862 THYSSENKRUPP Apr-Jun elev.inspectlmonitor:City Fac's 1,874.40 1,874.40
ELEVATOR.BRNCH 37
115398 04/19/2007 010935 TILTON, SHERI ANN Refund: Cite 46651 Made Dup. Pmt 25.00 25.00
115399 04/19/2007 010276 TIME WARNER CABLE 4/11-5/10 high speed internet RR 44.95
4/15-5/14 high speed internet stn 92 44.95 89.90
115400 04/19/2007 000668 TIMMY D PRODUCTIONS INC Disc jockey srvcs:spring egg hunt 4/7/07 1,000.00
Disc jockey srvcs:rec pgrm 2/2107 450.00 1,450.00
115401 04/19/2007 010013 TOP DAWG TERMITE COMPANY fumigate & replace/paint posts:TCC 5,500.00 5,500.00
INC
115402 04/19/2007 007433 TOVEY SHULTZ CONSTRUCTION Mar prgs pmt #8:Field Oper Ctr PW03-06 952,131.56
INC
Rel.stop ntc:ComtronixlRoripaugh Fire 3,063.66 955,195.22
115403 04/19/2007 003031 TRAFFIC CONTROL SERVICE INC Mar traffic cntrl safety devices:PW 412.14 412.14
115404 04/19/2007 006192 TRISTAFF GROUP temp help w/e 04/08 D. Pinkerton 572.00
temp help w/e 04/01 D. Pinkerton 572.00
temp help w/e 03/25 D. Pinkerton 572.00 1,716.00
115405 04/19/2007 004124 TRUELlNE resurface 2 bsktbl cis: pal a comm park 4,650.00 4,650.00
115406 04/19/2007 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings 218.40 218.40
INC
115407 04/19/2007 002702 US POSTAL SERVICE Postage meter deposit 4,798.17 4,798.17
115408 04/19/2007 010943 U.S. DOJ/OFFICE OF Grant 2004-LB-BX-0505 Closeout 240.32 240.32
COMPTROLLER
115409 04/19/2007 007766 UNDERGROUND SERVICE ALERT Apr undrgrnd svcs alert tickets:PW 393.60 393.60
115410 04/19/2007 008517 UNITED SITE SERVICES OF 3/29-4/25/07 fence rental:Main St Bridge 26.40 26.40
CA,INC
115411 04/19/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00
115412 04/19/2007 004368 VAll COOPER & ASSOCIATES Feb inspection:Fiber Optics FTTP Install 19,757.00 19,757.00
INC
Page:13
apChklst Final Check List Page: 14
04/1912007 2:32:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115413 04/19/2007 010926 VAN WORMER, STEPHEN R. guest lecture @T. Museum 4/19/07 250.00 250.00
115414 04/19/2007 004261 VERIZON Apr xxx-5072 general usage 4,996.05
Aprxxx-1341 Theater 359.25
Apr xxx-2372 Wolf Crk Prk Irrg 215.31
Aprxxx-1941 PTA CDTTACSD 58.11
Apr xxx-6812 general usage 49.94
Apr xxx-391 0 1 st St Irrigation 31.81
Apr xxx-7562 irrigation controller 31.26 5,741.73
115415 04/19/2007 004848 VERIZON SELECT SERVICES INC Apr long distance phone svcs 781.08 781.08
115416 04/19/2007 009101 VISION ONE INC Mar Showare ticketing sIYcs:theater 807.40 807.40
115417 04/19/2007 008900 VOLUNTEER CENTER reglvol.recogn :HudsonfTyler/Chafin 4/26 90.00 90.00
115418 04/19/2007 010925 WATCHORN LINCOLN guest lecture @ T. Museum 3/3/07 300.00 300.00
115419 04/19/2007 001342 WAXIE SANITARY SUPPLY INC custodial supplies:City Hall 347.44 347.44
115420 04/19/2007 003730 WEST COAST ARBORISTS INC 3/1-15/07 tree trimmings:Camino Marea 189.00 189.00
115421 04/19/2007 004826 WEST COAST OVERHEAD DOOR Res ImplY Pgrm: J. & M. labarrie 820.00 820.00
115422 04/19/2007 000621 WESTERN RIVERSIDE COUNCIL Mar '07 TUMF Payment 294,157.36 294,157.36
OF
115423 04/19/2007 000621 WESTERN RIVERSIDE COUNCIL 16th Gen.Assembly:B.Johnson 6/21/07 65.00 65.00
OF
115424 04/19/2007 008402 WESTERN RIVERSIDE COUNTY Mar '07 MSHCP payment 21,463.00 21,463.00
115425 04/19/2007 002109 WHITE CAP INDUSTRIES INC Mar maintenance supplies:PW Maint 58.05 58.05
115426 04/19/2007 003776 ZOLL MEDICAL CORPORATION medical supplies:Paramedics 619.57 619.57
Grand total for UNION BANK OF CALIFORNIA: 2,000,837.99
Page:14
apChkLst
04/1912007
2:32:19PM
Final Check List
CITY OF TEMECULA
Page: 15
181
checks in this report.
Grand Total All Checks:
2,000,837.99
Page:15
apChkLst Final Check List Page: 1
04/26/2007 3:48:52PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
115427 04/26/2007 009604 12MILESOUT.COM MarVideo Svcs:lnfo Sys 1,500.00 1,500.00
115428 04/26/2007 010961 AM J PROPERTIES Refund:Park Security Deposit 4/8 150.00 150.00
115429 04/26/2007 010959 ABDELRAHMAN, GIANNINA Refund:Mourad lntro Track/Field 100.00 100.00
115430 04/26/2007 004765 ACTIVE NETWORK INC, THE G.Lighthipe Crocheting #1592.010 50.00 50.00
115431 04/26/2007 006915 ALLIE'S PARTY EQUIPMENT Equipment rental:bluegrass festival 266.86 266.86
115432 04/26/2007 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 376.00
DUI & drug screenings: Police 252.00 628.00
115433 04/26/2007 000747 AMERICAN PLANNING Mb:apalchaptlcaie Carl Carey 84.00 84.00
ASSOCIATION
115434 04/26/2007 000101 APPLE ON E INC Temp help PPE 4fT Jepsen, L. 296.65
Temp help PPE 3/31 Jepsen, L. 217.79
Temp help PPE 4/7 Smith, A. 60.08 574.52
115435 04/26/2007 005891 ASPEN PUBLISHERS, INC Subs:Payroll Mgr Ltr 7/07-6/08 288.18 288.18
115436 04/26/2007 003814 BALLREICH, MICHAELA Reimb:07 CCAC Cf:4/11-13:PalmSprg 83.56 83.56
115437 04/26/2007 010528 BEDOY ENTERPRISES Misc cleaning supplies: stn 84 251.06
Misc cleaning supplies: stn 12 36.64 287.70
115438 04/26/2007 010962 BILBY, DAVID Reimb:Debt Admin Sem:04/19-20/07 103.15 103.15
115439 04/26/2007 004176 BROADWING Apr Long distance & intemet svcs 749.15 749.15
TELECOMMUNICATIONS
115440 04/26/2007 002363 CCPOA Membership: Officer Lynn Fanene 30.00 30.00
115441 04/26/2007 003138 CAL MAT PW patch truck materials 635.41
PW patch truck materials 606.66
PW patch truck materials 299.15
PW patch truck materials 211.06 1,752.28
115442 04/26/2007 005384 CALIF BAGEL BAKERY & DELI Refreshments:pw staff mtg 773.11
Refreshments:civic center mtg 206.61 979.72
Page:1
apChkLst Final Check List Page: 2
04/26/2007 3:48:52PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115443 04/26/2007 004248 CALIF DEPT OF JUSTICE- Mar fingerprinting svc:hr/pd/library 3,943.00 3,943.00
ACCTING
115444 04/26/2007 002520 CALIF T'S SCREEN PRINTING Recognition shirts:exec staff 614.17 614.17
115445 04/26/2007 004971 CANON FINANCIAL SERVICES, May copier leases:ch/pd/library 4,744.84
INC
Apr Copier Lease: Stn 12 69.96 4,814.80
115446 04/26/2007 009640 CERTIFION CORPORATION Feb investigative dtbase svcs:pd 150.00
Mar investigative dtbase svc:pd 150.00 300.00
115447 04/26/2007 003775 CHAPARRAL HIGH SCHOOL FY 06/07 Community Svc Grant 1,500.00 1,500.00
115448 04/26/2007 009539 CHARLES ABBOTT ASSOCIATES Mar plan check svcs:fire prev 302.25 302.25
INC
115449 04/26/2007 010214 CHllDRENS HOSPITAl- SAN Forensic Exam: Te06055007 732.00
DIEGO
Forensic Exam: TE06240115 373.00 1,105.00
115450 04/26/2007 009735 CONSTRUCTION PROTECTIVE Dec security svcs: library 4,088.95
SERVIC
Billing Adj:Contract Amndmt Required -1,328.78 2,760.17
115451 04/26/2007 003986 COZAD & FOX INC Mar-Apr eng svcs:79s1pechanga 3,120.00 3,120.00
115452 04/26/2007 008810 CROSSTOWN ELECTRICAL & Jul-Aug Repair/Maint:Traffic Cameras 2,405.10
DATA
Dec-Jan Repair/Maint:Traffic Cameras 2,373.80 4,778.90
115453 04/26/2007 003845 CUTTING EDGE MARKETING Magnets:eco dev marketing pgrm 808.13 808.13
115454 04/26/2007 001393 DATA TICKET INC Mar parking citation svcs: pd 4,295.45 4,295.45
115455 04/26/2007 008943 DGS PROCUREMENT DIVISION State admin fee:tcsd bobcat 209.71 209.71
115456 04/26/2007 004222 DIAMONDBACK FIRE & RESCUE, Equipment Repairs: Fire 1,221.08 1,221.08
INC
115457 04/26/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW Maint 1,449.51
INC
Fuel for City vehicles:PW Ind dev 552.82
Fuel for City vehicles: Code Enf 484.73
Fuel for City vehicles: PWCIP 197.23
Fuel for City vehicles: Police 87.93
Fuel for City vehicles: PW 53.53 2,825.75
Page2
apChkLst Final Check List Page: 3
04/26/2007 3:48:52PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115458 04/26/2007 001669 DUNN EDWARDS CORPORATION Painting Supplies: tcsd parks 79.80
painting supplies: tcsd parks 39.90 119.70
115459 04/26/2007 002528 EAGLE GRAPHIC CREATIONS Recognition Plaques:Police 176.06 176.06
INC
115460 04/26/2007 002390 EASTERN MUNICIPAL WATER Apr 190304-02 Seraphina Rd 307.40
DIST
Apr 95366-02 Diego Dr Ldscp 301.78 609.18
115461 04/26/2007 007530 EASTMAN, WENDY M. TCSD instructor earnings 1,890.00 1,890.00
115462 04/26/2007 005880 EDGE DEVELOPMENT INC. Mar Prgss Pmt:Public Library 35,053.90 35,053.90
115463 04/26/2007 002939 ENVIRONMENTAL SYSTEMS Esri Training 4/18-20:KB,JD,AM 1,350.00 1,350.00
RESEARCH
115464 04/26/2007 000165 FEDERAL EXPRESS INC 4/4-4/9 Express mail svcs 168.67 168.67
115465 04/26/2007 000166 FIRST AMERICAN TITLE Lot Bk Report:31954 Via Seron 75.00 75.00
COMPANY
115466 04/26/2007 000173 GENERAL BINDING binding covers/combs:cntrl svc 318.95 318.95
CORPORATION
115467 04/26/2007 003792 GRAINGER water pump/parts:exhibit iwtcm 234.19
water pump/parts:exhibit iwtcm 77.58 311.77
115468 04/26/2007 010966 GUEVARA, TERESA refund:Harveston Pk Rntl 4/8 60.00 60.00
115469 04/26/2007 010744 HEADSETS.COM INC Freight on returned merchandise 8.57 8.57
115470 04/26/2007 001135 HEALTH POINTE MEDICAL Employee physcials:hr 100.00
GROUP INC
Employee physicals:hr 25.00 125.00
115471 04/26/2007 008694 HOLIDAY INN EXPRESS Hotel Rooms:Rda Periomers 3/18 3,167.76 3,167.76
TEMECULA
115472 04/26/2007 003198 HOME DEPOT, THE Hardware supplies: TCSD 32.29 32.29
115473 04/26/2007 000193 I CMA Mb:07 ICMA dues Shawn Nelson 1,400.00 1,400.00
115474 04/26/2007 004833 IMPERIAL PAVING COMPANY INC Street maintenance: PW 40,591.00 40,591.00
Page:3
apChkLst Final Check List Page: 4
04/26/2007 3:48:52PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115475 04/26/2007 006713 INTEGRATED MEDIA SYSTEMS 35% prgss pymt av design:IS 4,428.53
35% prgss pymt av equip:info sys 453.88 4,882.41
115476 04/26/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals:crc 366.55 366.55
INC
115477 04/26/2007 010428 IT'S A DOGS WORLD K-9 TCSD Instructor Earnings 490.00 490.00
ACADEMY
115478 04/26/2007 000203 JOBS AVAILABLE INC asst engineer recruitment ad:hr 71.40 71.40
115479 04/26/2007 010412 JOHNSON POWER SYSTEMS Equipment Repair:Fire Stn 73 471.58 471.58
115480 04/26/2007 002789 KIMCO STAFFING SERVICES INC Temp help PPE 4/15 Kodani, K. 630.03 630.03
115481 04/26/2007 001719 L P A INC Dec Prgss Pmt: Library 8,384.79
Billing Adj:Contract Amndmt Requried -2,484.80 5,899.99
115482 04/26/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 204.75
TCSD instructor earnings 197.75
TCSD instructor earnings 131.25 533.75
115483 04/26/2007 004905 LIEBERT, CASSIDY & WHITMORE Mar HR legal svcs for TE060-01 104.00 104.00
115484 04/26/2007 003726 LIFE ASSIST INC Medical supplies:paramedics 1,771.64
Medical supplies:paramedics 680.70
Medical Supplies:Paramedics 272.43 2,724.77
115485 04/26/2007 009617 LOTUS MUSIC PRODUCTIONS, Periormance:Karla Bonoff 4/6/07 7,978.66 7,978.66
INC.
115486 04/26/2007 003782 MAIN STREET SIGNS Signs: Parks Rules "Dusk To Dawn" 404.06 404.06
115487 04/26/2007 004141 MAINTEX INC custodial supplies: Crc 610.24
custodial supplies: City Hall 462.11
custodial supplies: library 339.63
custodial supplies: C. Museum 263.88
custodial supplies: library 53.24
custodial supplies: MPSC -90.60 1,638.50
115488 04/26/2007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 308.00
TCSD Instructor Earnings 248.50
TCSD Instructor Earnings 136.50
TCSD Instructor Earnings 84.00 777.00
Page:4
apChkLst Final Check List Page: 5
04/26/2007 3:48:52PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115489 04/26/2007 001967 MANPOWER TEMPORARY temp help w/e 04/15 D. Cregut 429.12 429.12
SERVICES
115490 04/26/2007 004929 MARK FISHER COMPANY, THE ad graphic design:Econ Dev 350.00 350.00
115491 04/26/2007 010609 MEADOWS, TERRY reimb:fuel/rental van:Sister Cities 444.94 444.94
115492 04/26/2007 009541 MEYER AND ASSOCIATES Feb dsgn svcs:TCC Expansion 6,990.00 6,990.00
115493 04/26/2007 007210 MIDORI GARDENS Mar Idscp maint svcs:City Parks 67,139.28 67,139.28
115494 04/26/2007 007669 MILES, KATRINA TCSD Instructor Earnings 367.50
TCSD Instructor Earnings 252.00
TCSD Instructor Earnings 168.00 787.50
115495 04/26/2007 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 100.00
City vehicle detailing svcs:PW Depts 75.00 175.00
115496 04/26/2007 001384 MINUTEMAN PRESS letterhead stationary:PW Depts 293.28
business cards:Z.Smith/D.Brovvn 173.46
generic business cards:Police 161.62
business cards:M. Edwards 116.96
business cards:A. Adams 116.96
business cards:H. Parker 116.96 979.24
115497 04/26/2007 000230 MUNIFINANCIAL Apr-Jun '07 assessment srvcs:tcsd 5,578.06 5,578.06
115498 04/26/2007 009443 MUNYON, DENNIS G. Apr-Jun '07 Old Town parking agrmnt 2,050.00 2,050.00
115499 04/26/2007 006077 NTH GENERATION COMPUTING San Software Licences:lnfo Systems 10,728.04
INC
Storage Info Mgmt Sys Support/I.s. 7,732.46 18,460.50
115500 04/26/2007 000727 NATIONAL FIRE PROTECTION "print"subscr:Nat'1 Fire Codes/#2402378 835.D7
ASSN
nat'1 fire codes web base subsc 2402378 775.00 1,610.07
115501 04/26/2007 005006 NBS GOVERNMENT FINANCE Jan-Mar '07 Special Tax Admin Svcs 9,622.29 9,622.29
GROUP
115502 04/26/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 104.39
City Vehicle Repair/Maint SVcs 34.27 138.66
115503 04/26/2007 001171 ORIENTAL TRADING COMPANY misc supplies:camival fun event 288.06 288.06
INC
PageS
apChkLst Final Check List Page: 6
04/26/2007 3:48:52PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115504 04/26/2007 002297 OVERLAND PACIFIC & CUTLER Mar Consulting:Civic Center Plaza 2,628.75 2,628.75
INC
115505 04/26/2007 002734 P V P COMMUNICATIONS INC Motorcycle helmet Police 460.97 460.97
115506 04/26/2007 000472 PARADISE CHEVROLET City vehicle repair svcs:TCSD 231.13 231.13
CADILLAC
115507 04/26/2007 010957 PARTNERSHIP, THE Clean Cities Coalition '07 mbrshp dues 1,000.00 1,000.00
115508 04/26/2007 000249 PETTY CASH Petty Cash Reimbursement 678.14 678.14
115509 04/26/2007 007484 PHILIPS MEDICAL SYSTEMS INC (2) fast response kits: Paramedics 61.85 61.85
115510 04/26/2007 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 252.00
TCSD Instructor Earnings 73.50
TCSD Instructor Earnings 63.00 388.50
115511 04/26/2007 010338 POOL & ELECTRICAL PRODUCTS pool supplieslchemicals:CRCfTES 288.16
INC
pool supplieslchemicals:CRCfTES 184.72 472.88
115512 04/26/2007 007056 PREMIERE PACKAGING copy paper supplies: Ctrl Srvs 3,017.00 3,017.00
INDUSTRIES
115513 04/26/2007 000254 PRESS ENTERPRISE COMPANY Mar display advertising: RDAfTCSD 1,067.30 1,067.30
INC
115514 04/26/2007 009425 PRUDENT PUBLISHING Holiday Cards:Mpsc Rec Program 260.34 260.34
COMPANY
115515 04/26/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 16,808.11
Apr 01-18-02200-1 La Serena Way 2,209.82
Apr 01-04-47210-0 T.E.S. Pool 865.37
Apr 01-02-02001-0 Rancho Vista Rd 390.12
Various RDA Water Meters 311.81
Apr 01-04-10033-2 Margarita Rd 51.77 20,637.00
115516 04/26/2007 002654 RANCHO FORD LINCOLN City Vehicle Repairs:Fire Prevo 5,998.26
MERCURY
credit:amount exceeds purchase order -334.09 5,664.17
115517 04/26/2007 009725 RAZAVI, MANDIS TCSD Instructor Earnings 361.20 361.20
115518 04/26/2007 010960 RENTERIA, LUZ refund:sec.depositlCRC 4/7/07 400.00 400.00
Page:6
apChkLst Final Check List Page: 7
04/26/2007 3:48:52PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115519 04/26/2007 000353 RIVERSIDE CO AUDITOR Feb 2007 parking citation 11,941.69 11,941.69
115520 04/26/2007 000418 RIVERSIDE CO CLERK & ntc/exemption:amending TUMF sched. 64.00 64.00
RECORDER
115521 04/26/2007 000418 RIVERSIDE CO CLERK & exemption ntc:non-smoking ordinances 64.00
RECORDER
Nov-Dec '06 Copy Fees:PW 6.00 70.00
115522 04/26/2007 001365 RIVERSIDE COUNTY OF renew permit:West Wing 567.00 567.00
115523 04/26/2007 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 822.50
TCSD Instructor Earnings 583.97 1,406.47
115524 04/26/2007 009542 SO S SURVIVAL PRODUCTS freight charges 70.00 70.00
115525 04/26/2007 008515 SAM DE FAZIO'S GOODTIME Senior SWing Entertainment 4/27/07 400.00 400.00
BAND
115526 04/26/2007 006176 SANTA ANA COLLEGE Prevo 2C LotTi Larson 5/21-25/07 140.00 140.00
115527 04/26/2007 006176 SANTA ANA COLLEGE Prevo 2C Elsa Wigle 5/21-25/07 140.00 140.00
115528 04/26/2007 004609 SHREDFORCE INC Apr doc. shredding svcs:PD. Mall Stn 24.00 24.00
115529 04/26/2007 000645 SMART & FINAL INC Mise supplies: F.I.T. pgrm 94.44
Supplies:Family Fun Nights 44.79 139.23
115530 04/26/2007 000537 SO CALIF EDISON Apr 2-00-397-5059 various mtrs 16,239.21
Apr 2-25-393-4681 TES Pool 759.61
Apr 2-28-397-1315 Redhawk Pkwy 14.85 17,013.67
115531 04/26/2007 000926 SO CALIF EDISON OfT chrgs-utility reloc:R.C.Widening 2,345.98 2,345.98
115532 04/26/2007 001212 SO CALIF GAS COMPANY Apr 055-475-6169-5 PBSP 187.25 187.25
115533 04/26/2007 000519 SOUTH COUNTY PEST CONTROL pest control svcs: R.C. RdNintage Hills 94.00
INC
pest control svcs: Corte San Luis 94.00
pest control svcs: library 90.00 278.00
115534 04/26/2007 000293 STADIUM PIZZA INC rfrshmnts:cultural arts pgrm 4/13/07 219.36
refreshments:CRC youth pgrm 3/28 60.92 280.28
115535 04/26/2007 003000 STATE WATER RESOURCES 4/1/07-3/31/08 permit:Field Oper Ctr 308.00 308.00
Page:?
apChkLst Final Check List Page: 8
04/26/2007 3:48:52PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
115536 04/26/2007 010895 STATON, STEVE Reimb for SEU phone cards 129.99 129.99
115537 04/26/2007 000305 TARGET BANK BUS CARD SRVCS misc. office supplies:PW Depts 95.79
misc. office supplies:PW Depts 90.70 186.49
115538 04/26/2007 009500 TEMEC ELECTRONICS, INC Computer Supplies:lnfo Sys 25.09
electrrical supplies: C. Museum 14.69 39.78
115539 04/26/2007 010679 TEMECULA AUTO City Vehicle Maint:Fire Prey 154.97 154.97
REPAIR/RADIATOR
115540 04/26/2007 006914 TEMECULA COPIERS INC. Mar '07 copier maintlusage:City Fac's 4,376.73
Mar '07 Copiers Maint & Usage:Library 646.61 5,023.34
115541 04/26/2007 000307 TEMECULA TROPHY COMPANY Recognition awards:H.R. Dept 40.41 40.41
115542 04/26/2007 000876 TEMECULA VALLEY BALLOON & 07 BalloonlWine Festival 6/2-6/4 35,000.00 35,000.00
WINE
115543 04/26/2007 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:Police 105.00 105.00
CENTR
115544 04/26/2007 010276 TIME WARNER CABLE 3/2-4/1 high speed internet MN 104.51 104.51
115545 04/26/2007 000668 TIMMY D PRODUCTIONS INC D.J.srvcs:Middle School Dance 3/16/07 450.00 450.00
115546 04/26/2007 000319 TOMARK SPORTS INC TCSD Sports Equip:PBSP 1,966.31
TCSD Sports Equip:PBSP 650.58
Volleyball netCRC 169.40
TCSD Sports Equip:PBSP 127.66
credit Tennis net returned -112.41
credit Tennis net returned -112.41 2,689.13
115547 04/26/2007 004759 TWIN GRAPHICS Vehicle Graphics for Police Units 511.81 511.81
115548 04/26/2007 009709 U H S OF RANCHO SPRINGS, INC Forensic exams for crimes:Police 900.00 900.00
115549 04/26/2007 007118 US TELPACIFIC CORPORATION Apr Internet IP Addresses Block 1,565.77 1 ,565.77
115550 04/26/2007 008517 UNITED SITE SERVICES OF 3/31/07-4/27/07 Sec.Fencing:Educ Ctr 298.68 298.68
CA,INC
Page:8
apChkLst
04/26/2007
3:48:52PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
115551 04/26/2007 004368 VAll COOPER & ASSOCIATES
INC
115552 04/26/2007 004261 VERIZON
115553 04/26/2007 003730 WEST COAST ARBORISTS INC
115554 04/26/2007 010193 WOOLSTENHULME, LUCIA
Final Check List
CITY OF TEMECULA
(Continued)
Description
Amount Paid
Page: 9
Check Total
Mar Inspect Svcs:R.Ranch ImplY
13,869.00
13,869.00
806.76
31.50
87.50
402,398.24
Apr xxx-0074 general usage
Apr xxx-0073 general usage
Apr xxx-3564 alarm
Apr xxx-0714 PO Mall Alarm
Apr xxx-5275 PO OSL
Apr xxx-5473 Moraga Rd
Apr xxx-3984 M.Naggar
Apr xxx-8573 general usage
Apr xxx-6084 general usage
288.84
251.21
66.19
35.12
34.16
33.10
33.09
33.08
31.97
3/16-31/07 Citywide tree maint svcs
31.50
TCSO Instructor Earnings
87.50
Grand total for UNION BANK OF CALIFORNIA:
Page:9
apChkLst
04/26/2007
3:48:52PM
Final Check List
CITY OF TEMECULA
Page: 10
128
checks in this report.
Grand Total All Checks:
402,398.24
Page:10
I~-- .
,
II
ITEM NO.4
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~
CIl
(JQ.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
May 08, 2007
SUBJECT:
City Treasurer's Report as of March 31, 2007
PREPARED BY:
Rudy Graciano, Revenue Manager
Shannon Buckley, Accountant
RECOMMENDATION:
Approve and file the City Treasurer's Report as of March 31, 2007.
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 US Bank 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 March 31,2007.
FISCAL IMPACT:
None.
ATTACHMENTS:
City Treasurer's Report as of March 31, 2007
City of Temecula, California
Portfolio Management
Portfolio Summary
March 31, 2007
City of Temecula
43200 Business Park Drive
P.O.80X9033
Temecula, CA, 92590
(951)694-6430
p., Market Book %01 Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 350 Equiv. 365 Equiv.
Managed Pool Accolllts 71,970,712.84 71,970,712.54- 71,970,712.84 3B.75 , 4.795 4.8B1
Letter of Credit 3.00 TOG 3.00 0.00 , O.OGG O.OGG
Lccal Agency Inv6<3tmert Funds 70,9BB,112.33 70,951,55B.00 70,9BB,112.33 3B.23 , 5.099 5.170
FederalAgencyCallableSocuriti6<3 43,045,000.00 42,B93,735.2I} 43,037,8BO.00 21,97 1,157 '" 3.938 3.992
TreasuryCol{lonSocuriti6<3 825,000.00 809,232.BB 809,232.BB 041 m en 5.22& 5.299
FederalAgElllcyBuletS~llities 4,GGG,GGO.OG 4,002,510.00 4,GGG,GGO.OG 2.04 m CO, 4.459 4.521
InvestrnentContracts 5,GBB,400.7B 5,GBB,400.7B 5,GBB,4W.7B 2.59 9,33B 7,4B3 4.289 4.349
195,873,316.93 195,494,238.46 195,850,409.59 100.00% 514 301 4.699 4.764
Investments
Cash
Passbook/Chockirr;] 99,94B.11 99,94B.11 99,94B.11 3G.17G 3G.509
(rKltincludooin'yieldcalculatioos)
Total Cash and Investments 195,973,263.04 195,594,184.57 195,950,355.70 51. 301 4.699 4.764
Total Earnings March 31 Month Ending Fiscal Year To Date
Current Year 7g3,3g3.i3 6,5Sg,5Sg.74
Average Daily Balance 199,367,960.79 189,305,148.30
Effective Rate of Return 4.69% 4.64%
Reporting period 0310112007-03/3112007
Portfolio TEME
CP
PM(PRF]Ml)SymFep8.41.2D2a
ReportVer.5.DD
Run Date: D4I30'20D7.D9:24
City of Temecula, California
Portfolio Management Page 1
Portfolio Details - Investments
March 31, 2007
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 01-2COI First American Treasury 09/01/2006 83,974.39 83,974.39 83,974.39 4.740 4.675 4.740
104348008 01-2 IMP First American Treasury 09/01/2006 3,025,770.75 3,025,770.75 3,025,770.75 4.740 4.675 4.740
104348006 01-2 RES A First American Treasury 09/01/2006 450,730.37 450,730.37 450,730.37 4.740 4.675 4.740
104348016 01-2 RES B First American Treasury 09/01/2006 207,490.01 207,490.01 207,490.01 4.740 4.675 4.740
104348000 01-2 SP TAX First American Treasury 09/01/2006 101,722.15 101,722.15 101,722.15 4.740 4.675 4.740
94669911 03-1 ACOA1 First American Treasury 4,069.34 4,069.34 4,069.34 4.740 4.675 4.740
94669921 03-1 ACOB1 First American Treasury 14,394.01 14,394.01 14,394.01 4.740 4.675 4.740
94669902 03-1 BOND First American Treasury 0.34 0.34 0.34 5.880 5.799 5.880
94669906 03-1 RESA1 First American Treasury 0.00 0.00 0.00 4.740 4.675 4.740
94669916 03-1 RES B First American Treasury 237,343.94 237,343.94 237,343.94 4.740 4.675 4.740
94669900 03-1 SPTAX First American Treasury 157,895.78 157,895.78 157,895.78 4.740 4.675 4.740
793593011 03-2 ACO First American Treasury 39,225,361.80 39,225,361.80 39,225,361.80 4.740 4.675 4.740
793593003 03-2 CAP I First American Treasury 48.31 48.31 48.31 4.740 4.675 4.740
793593009 03-2 EMW D First American Treasury 1,435,560.12 1,435,560.12 1,435,560.12 4.740 4.675 4.740
793593007 03-2 IMP First American Treasury 1,104,683.23 1,104,683.23 1,104,683.23 4.740 4.675 4.740
793593010 03-2 PW ADM First American Treasury 680,624.32 680,624.32 680,624.32 4.740 4.675 4.740
793593006 03-2 RES First American Treasury 3,642,239.43 3,642,239.43 3,642,239.43 4.740 4.675 4.740
793593000 03-2 SP TX First American Treasury 02/01/2007 122,727.74 122,727.74 122,727.74 4.740 4.675 4.740
744727011 03-3 ACO 1 First American Treasury 8,660.35 8,660.35 8,660.35 4.740 4.675 4.740
744727002 03-3 BON D First American Treasury 0.51 0.51 0.51 3.920 3.866 3.920
744727007 03-3 CITY 1 First American Treasury 07/01/2006 38,390.09 38,390.09 38,390.09 4.740 4.675 4.740
744727009 03-3 EMW D 1 First American Treasury 1,633.61 1,633.61 1,633.61 4.740 4.675 4.740
744727006 03-3 RES First American Treasury 0.00 0.00 0.00 4.740 4.675 4.740
94669900 03-3 SP TAX First American Treasury 212,371.95 212,371.95 212,371.95 4.740 4.675 4.740
94686001 03-4 ADMIN First American Treasury 17,030.68 17,030.68 17,030.68 4.740 4.675 4.740
94686005 03-4 PREPMT First American Treasury 3,873.82 3,873.82 3,873.82 4.740 4.675 4.740
94686000 03-4 REDEMP First American Treasury 22,746.19 22,746.19 22,746.19 4.740 4.675 4.740
94686006 03-4 RES First American Treasury 7,585.08 7,585.08 7,585.08 4.740 4.675 4.740
78776002 03-6 BON D First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740
786776007 03-6 IMP First American Treasury 6,588.74 6,588.74 6,588.74 4.740 4.675 4.740
786776006 03-6 RES First American Treasury 347,256.79 347,256.79 347,256.79 4.740 4.675 4.740
786776000 03-6 SP TAX First American Treasury 321.74 321.74 321.74 4.740 4.675 4.740
95453510 88-12 BOND First American Treasury 92.72 92.72 92.72 4.740 4.675 4.740
95453515 88-12 DMR 1 First American Treasury 140,834.72 140,834.72 140,834.72 4.740 4.675 4.740
95453516 88-12 RES 1 First American Treasury 0.00 0.00 0.00 4.740 4.675 4.740
107886000 RDA 06 A INT First American Treasury 01/29/2007 26.16 26.16 26.16 4.740 4.675 4.740
107886008 RDA 06 CIP A First American Treasury 12/14/2006 162.22 162.22 162.22 4.740 4.675 4.740
107886018 RDA 06 CIP B First American Treasury 12/14/2006 319.58 319.58 319.58 4.740 4.675 4.740
107886009 RDA 06 COI A First American Treasury 12/14/2006 34,994.64 34,994.64 34,994.64 4.740 4.675 4.740
Portlolio TEME
CP
Run Date: 04/30/2007-09:22 PM (PRF _PM2) SymRept 6.41.202a
ReportVer.5.00
City of Temecula, California
Portfolio Management Page 2
Portfolio Details - Investments
March 31, 2007
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
107886019 RDA 06 COI B First American Treasury 12/14/2006 6,180.57 6,180.57 6,180.57 4.740 4.675 4.740
107886016 RDA 06 RES B First American Treasury 12/14/2006 204,114.40 204,114.40 204,114.40 4.740 4.675 4.740
94434160 RDA TABs INT First American Treasury 179.66 179.66 179.66 4.740 4.675 4.740
94432360 TCSD COPs IN First American Treasury 120,710.47 120,710.47 120,710.47 4.740 4.675 4.740
107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 12/14/2006 17,522,016.58 17,522,016.58 17,522,016.58 5.170 5.099 5.170
107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 12/14/2006 2,779,983.52 2,779,983.52 2,779,983.52 5.170 5.099 5.170
107886006 RDA 06 RES A MBIA Surety Bond 12/14/2006 1.00 1.00 1.00 2.190 2.160 2.190
94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190
---
Subtotal and Average 71,924,872.86 71,970,712.84 71,970,712.84 71,970,712.84 4.795 4.861
Letter of Credit
104348006-1 02008 ASSURANCE CO BOND INSURANCE 09/01/2006 1.00 1.00 1.00 0.000 0.000
793593006-2 02006 Citibank, NA 07/01/2006 1.00 1.00 1.00 0.000 0.000
793593006-1 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
94669911-1 03-1 ACO A2 CA Local Agency Investment Fun 1,395,313.62 1,395,313.62 1,395,313.62 5.170 5.099 5.170
94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,520,946.72 3,520,946.72 3,520,946.72 5.170 5.099 5.170
744727011-1 03-3 ACO 2 CA Local Agency Investment Fun 8,495,446.62 8,495,446.62 8,495,446.62 5.170 5.099 5.170
744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,990,635.32 2,990,635.32 2,990,635.32 5.170 5.099 5.170
744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 1,216,702.97 1,216,702.97 1,216,702.97 5.170 5.099 5.170
786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 1,824,082.34 1,824,082.34 1,824,082.34 5.170 5.099 5.170
SYSCITY CITY CA Local Agency Investment Fun 35,974,223.94 35,964,060.46 35,974,223.94 5.170 5.099 5.170
SYSRDA RDA CA Local Agency Investment Fun 8,510,563.16 8,508,158.75 8,510,563.16 5.170 5.099 5.170
SYSRDA TABS-4 RDA TABs-4 CA Local Agency Investment Fun 0.00 0.00 0.00 5.129 5.059 5.129
SYSTCSD TCSD CA Local Agency Investment Fun 7,038,197.64 7,036,209.20 7,038,197.64 5.170 5.099 5.170
---
Subtotal and Average 70,816,499.43 70,966,112.33 70,951,556.00 70,966,112.33 5.099 5.170
Federal Agency Callable Securities
31331V505 01054 Federal Farm Credit Bank 10/03/2006 2,000,000.00 2,000,000.00 2,000,000.00 5.250 5.178 5.250 733 04/03/2009
31331V6R2 01055 Federal Farm Credit Bank 10/04/2006 1,450,000.00 1,450,000.00 1,450,000.00 5.250 5.178 5.250 1,282 10/04/2010
31331XBC5 01056 Federal Farm Credit Bank 10/19/2006 2,000,000.00 2,000,620.00 2,000,000.00 5.500 5.425 5.500 1,662 10/19/2011
31331XCZ3 01057 Federal Farm Credit Bank 11/13/2006 1,000,000.00 998,750.00 1,000,000.00 5.250 5.178 5.250 957 11/13/2009
31331XMA7 01058 Federal Farm Credit Bank 01/18/2007 2,000,000.00 1,997,500.00 2,000,000.00 5.400 5.326 5.400 1,753 01/18/2012
3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 3,003,304.50 3,050,000.00 3.100 3.058 3.101 282 01/08/2008
3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,917,737.90 2,965,000.00 3.000 2.960 3.001 281 01/07/2008
3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,953,140.00 3,000,000.00 3.000 2.960 3.001 271 12/28/2007
Portlolio TEME
CP
Run Date: 04/30/2007-09:22 PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management Page 3
Portfolio Details - Investments
March 31, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Federal Agency Callable Securities
3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 984,380.00 1,000,000.00 3.000 2.960 3.001 271 12/28/2007
3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 985,000.00 1,000,000.00 3.150 3.108 3.151 2BB 01/14/2008
3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,968,120.00 2,000,000.00 3.070 3.029 3.071 2B9 01/15/2008
3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 984,690.00 1,000,000.00 3.125 3.083 3.126 290 01/16/2008
3133X5QF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,966,880.00 2,000,000.00 3.000 2.960 3.001 296 01/22/2008
3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,974,380.00 2,000,000.00 3.520 3.473 3.521 304 01/30/2008
3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,988,750.00 2,997,360.00 4.250 4.238 4.296 129 08/08/2007
3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 956,400.00 960,000.00 4.380 4.320 4.380 166 09/14/2007
3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,983,140.00 2,998,125.00 4.375 4.347 4.407 264 12/21/2007
3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 617,482.80 620,000.00 4.400 4.340 4.400 1BO 09/28/2007
3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,988,120.00 2,000,000.00 4.500 4.438 4.500 362 03/28/2008
3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 993,440.00 1,000,000.00 4.230 4.174 4.232 271 12/28/2007
3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 997,500.00 1,000,000.00 4.140 4.086 4.143 B9 06/29/2007
3133XDB67 01046 Federal Home Loan Bank 10/12/2005 1,000,000.00 999,690.00 999,375.00 4.150 4.136 4.193 11 04/12/2007
3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 994,970.00 998,000.00 3.750 3.784 3.837 124 08/03/2007
3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 994,350.00 1,000,000.00 4.050 3.993 4.048 176 09/24/2007
3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 995,390.00 1,000,000.00 4.375 4.315 4.375 200 10/18/2007
3136F6M63 01028 Federal National Mtg Assn 04105/2005 1,000,000.00 1,000,000.00 1,000,000.00 4.000 3.945 4.000 4 04/05/2007
---
Subtotal and Average 43,747,360.00 43,045,000.00 42,693,735.20 43,037,860.00 3.938 3.992 448
Treasury Coupon Securities
9545315-2 02004 U.S. Treasury 03/14/2006 725,000.00 711,635.66 711,635.66 3.750 4.586 4.650 410 05/15/2008
912795ZS3 02009 U.S. Treasury 01/29/2007 100,000.00 97,597.00 97,597.00 4.860 9.891 10.028 116 07/26/2007
---
Subtotal and Average 809,232.66 825,000.00 809,232.66 809,232.66 5.226 5.299 375
Federal Agency Bullet Securities
31331SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 997,500.00 1,000,000.00 3.820 3.768 3.820 61 06/01/2007
31331S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 999,380.00 1,000,000.00 4.000 3.947 4.002 15 04/16/2007
31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,005,630.00 1,000,000.00 5.000 4.933 5.002 1,151 OS/26/2010
3133XJRX8 01060 Federal Home Loan Bank 01/30/2007 1,000,000.00 1,000,000.00 1,000,000.00 5.250 5.189 5.261 243 11/30/2007
---
Subtotal and Average 4,000,000.00 4,000,000.00 4,002,510.00 4,000,000.00 4.459 4.521 368
Investment Contracts
94669906-1 03-1 RESA2 American International Group M 04128/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,649 08/31/2033
744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 10,014 08/31/2034
9545315-1 88-12 DMR2 IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,806 09/01/2017
95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531 ,468.76 1,531 ,468.76 1,531,468.76 5.430 5.509 5.585 3,806 09/01/2017
---
Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,463
Portlolio TEME
CP
Run Date: 04/30/2007-09:22 PM (PRF _PM2) SymRept 6.41.202a
CUSIP
Investment #
Issuer
Average
Balance
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
March 31, 2007
Purchase
Date
Par Value
Market Value
Stated
Book Value Rate
Page 4
YTM
360
YTM Days to
365 Maturity
301
Run Date: 04/30/2007-09:22
Total and Average
199,367,960.79
195,873,316.93
195,494,238.46
195,850,409.59
4.699 4.764
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Cash
March 31, 2007
Page 5
Average Purchase Stated YTM YTM Days to
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity
Retention Escrow Account
SYSBARN HART 1 BARN HART 1 California Bank & Trust 131,975.75 131,975.75 131,975.75 3.000 2.959 3.000
SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 113,035.31 113,035.31 113,035.31 1.250 1.233 1.250
PREMIER BANK PREMIER BANK PREMIER BANK 08/18/2006 431,772.17 431,772.17 431,772.17 5.000 4.932 5.000
PFF BANK & TRUS PFF BANK PFF BANK & TRUST 11/13/2006 208,030.06 208,030.06 208,030.06 1.736 1.712 1.736
Passbook/Checking Accounts
SYSPetty Cash Petty Cash City of Temecula 07/01/2006 2,710.00 2,710.00 2,710.00 0.000 0.000
SYSFlex Ck Acet Flex Ck Acet Union Bank of California 07/01/2006 5,786.59 5,786.59 5,786.59 0.000 0.000
SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2006 -821,941.77 -821,941.77 -821,941.77 0.000 0.000
OLD TOWN CK ACC OLD TOWN CHK Union Bank of California 07/01/2006 0.00 0.00 0.00 0.000 0.000
SYSParking Ck Parking Ck Union Bank of California 07/01/2006 28,578.00 28,578.00 28,578.00 0.000 0.000
Average Balance 0.00
Total Cash and Investmentss 199,367,960.79 195,973,263.04 195,594,184.57 195,950,355.70 4.699 4.764 301
Run Date: 04/30/2007-09:22
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
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ITEM NO.5
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Approvals
City Attorney
Director of Finance
City Manager
~f'""
/)/2
CJQ..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Aaron Adams, Assistant City Manager
DATE:
May 8, 2007
SUBJECT:
Appointment to the San Diego State University Visitor's Center Ad Hoc Sub-
Committee - at the request of Council Member Roberts
PREPARED BY:
Tamra Middlecamp, Senior Management Analyst
RECOMMENDATION: That the City Council appoint City Council Member Roberts to the San
Diego State University (SDSU) Visitor's Center Ad Hoc Subcommittee as well as the appointment of
Mayor Pro Tem Naggar to the SDSU Visitor's Center Ad Hoc Subcommittee.
BACKGROUND: This appointment would establish an ad hoc sub-committee which would
examine the possibility of creating a science learning and visitor's center in the northeast portion
of the Santa Margarita Ecological Reserve. This site lies on Temecula's southern border and
reaches south to the county line.
On March 27, 2007, the Temecula City Council approved a contract to study the effects
of annexing this area. The study, an Environmental Impact Report, will describe how the
annexation will affect the area, if at all. The property currently has an estimated 2,500 square
foot house, built in the 1970's. This building will eventually be renovated and retrofitted with the
highest fire safety standards, energy-efficient materials and appliances, as well as alternative
energy sources. This plan fits well with the City's plan to allow residents to take advantage of the
areas open space.
The proposed visitor's center may display many different areas of ecological research
being conducted at the reserve. Fire study, weather research, and botany are studied on the
reserve and researchers have found Native American artifacts near the site.
The site could offer science, art, and cultural displays on a property that is currently
owned by San Diego State University. This site will offer an opportunity for children to see
modern scientific research being done at a natural facility. Those visiting the area will be greeted
by panoramic views of both the City of Temecula and the varied wilderness.
Mayor Pro-Tem Naggar has expressed an interest to volunteer, with Council Member
Roberts, as a member of the San Diego State University Visitor's Center Ad Hoc Sub-
Committee.
FISCAL IMPACT:
ATTACHMENTS:
None.
None.
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ITEM NO.6
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Approvals
City Attorney
Director of Finance
City Manager
~
IJIl
C\(J....-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
May 8, 2007
SUBJECT:
Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement
PREPARED BY:
Beryl Yasinosky, Management Analyst
RECOMMENDATION:
That the City Council:
1. Approve the Agreement in the amount $4,078,000 for the Funding of TUMF Zone
Arterial Network Improvements between the Western Riverside Council of Governments
(WRCOG) and the City of Temecula for the Winchester Road/I-15 Interchange
Improvement Project; and
2. Authorize the City Manager to execute the agreement.
BACKGROUND: The proposed Winchester Road/I-15 Interchange Improvement
Project is identified within the Southwest Zone 5-Year Transportation I mprovement Program for FY
2006-07as a transportation project eligible to receive TUMF funding. On April 2, 2007 the WRCOG
Executive Committee approved the Agreement for the Funding of TUMF Zone Arterial Network
Improvements between the Western Riverside Council of Governments (WRCOG) and the City of
Temecula for the Winchester Road/I-15 Interchange Improvement Project.
The Winchester Road/I-15 Interchange Improvement Project will ultimately provide for the
realignment and reconstruction of existing on- and off-ramps at Winchester Road in both directions
to accommodate the construction of auxiliary lanes and the braiding of proposed on- and off-ramps
associated with the future French Valley Interchange Project. Both interchange projects are
designed to greatly improve freeway operations, reduce congestion and improve motorist safety
between Winchester Road and the 1-15/1-215 Junction. For purposes of this Agreement, TUMF
funding in the amount $4,078,000 is available for the planning, design and engineering phases. In
accordance with the 2005 TUMF Nexus Study, the project is eligible to receive an additional
$12,815,000 for the construction phase, for a total of $16,893,000 in TUMF funding.
FISCAL IMPACT: Upon approval and execution of the final agreement, the City may
submit invoices to WRCOG for the reimbursement of TUMF funds up to $4,078,000 for the
Winchester Road/I-15 Interchange. The Agreement will be amended at a later date to include the
construction phase of the project.
ATTACHMENTS:
1.
TUMF Agreement for the Winchester Road/I-15 Interchange
Improvement Project
05-SW-TEM-1064
TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
REIMBURSEMENT AGREEMENT FOR THE FUNDING OF TUMF ZONE ARTERIAL
NETWORK IMPROVEMENTS WITH THE CITY OF TEMECULA
Winchester Road/l-15 Interchange Improvement Project
J#li1:!1~ AGREEMENT ("Agreement") is made and entered into this ~ day of
.{ , 2007, by and between the WESTERN RIVERSIDE COUNCIL OF
GO RNMENTS ("WRCOG") and the CITY OF TEMECULA, A CALIFORNIA
MUNICIPAL CORPORATION (the "AGENCY"). WRCOG and the AGENCY are
sometimes collectively referred to herein as the "PARTIES".
REelT ALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee
Program of Western Riverside County ("TUMF Program").
B. WRCOG has identified and designated certain transportation improvement
projects throughout Western Riverside County as projects of regional importance
("Qualifying Projects" or "Projects"). The Qualifying Projects are more specifically
described in that certain WRCOG study entitled "TUMF Nexus Study".
C. The TUMF Program is funded by TUMF fees paid by new development in
Western Riverside County (collectively, 'TUMF Program Funds"). TUMF Program
Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.
D. The AGENCY proposed to implement a Qualifying Project, and it .is the
purpose of this Agreement to identify the Project and to set forth the terms and
conditions by which WRCOG will financially assist the AGENCY.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the
conditions contained herein, the PARTIES hereby agree as follows:
1. Descriotion of the Qualifvino Proiect. This Agreement is intended to
distribute TUMF Program Funds to the Agency for the Winchester Roadll-15
Interchanae Imorovement Proiect (the "Project"), a Qualifying Project. A description of
the Project, its implementation schedule, a detailed scope of work and the AGENCY's
estimated project cost thereof, is more particularly described in Exhibit "A" attached
hereto and, pursuant to Section 20 below, is subject to modification as requested by the
Agency and approved by WRCOG. It is understood and agreed that the City shall
expend TUMF Program Funds only as set forth in the Agreement and only for the
Project phases covered under this Agreement. To this end, any use of the funds
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C2C;SlY;'.DOC
05-SW- TEM-1064
provided pursuant to this Agreement shall be subject to the review and approval of
WRCOG.
2. WRCOG Fundina Amount. WRCOG hereby agrees to distribute to
AGENCY, on the terms and conditions set forth herein, a sum not to exceed Four
Million Seventy-Eight Thousand Dollars ($4,078,000), to be used for reimbursing the
AGENCY for eligible project expenses as described in Section 4 herein ("Funding
Amount''). The PARTIES acknowledge and agree that the Funding Amount may be less
than the actual cost of the Project. Nevertheless, the PARTIES acknowledge and agree
that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the
maximum TUMF share identified in the TUMF Nexus Study ("Maximum TUMF Share").
3. AGENCY's Obliaation to Return TUMF Proaram Funds to WRCOG. In
the event the AGENCY, for whatever reason, determines not to proceed with or
complete the Project, the AGENCY shall promptly return all unexpended TUMF
Program Funds to WRCOG, and shall enter into good faith negotiations with WRCOG
for the repayment to WRCOG of all TUMF Program Funds expended on the project.
4. Proiect Costs Eliaible for Advance/Reimbursement. The total Project
costs ("Total Project Cost") may include the following items, provided that such items
are included in the scope of work attached as Exhibit "A": (1) AGENCY and/or
consultant costs associated with direct Project coordination and support; (2) funds
expended in preparation of preliminary engineering studies; (3) funds expended for
preparation of environmental review documentation for the Project; (4) all costs
associated with right-of-way acquisition, including right-of-way engineering, appraisal,
acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and
costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably
incurred if condemnation proceeds; (6) costs incurred in the preparation of plans,
specifications, and estimates by AGENCY or consultants; (7) AGENCY costs
associated with bidding, advertising and awarding of the Project contracts; (8)
construction costs, including change orders to construction contract approved by the
AGENCY; and (9) construction management, field inspection and material testing costs.
5. Ineliaible Proiect Costs. The Total Project Cost shall not include the
following items which shall be borne solely by the AGENCY without reimbursement: (1)
AGENCY administrative costs; (2) AGENCY costs attributed to the preparation of
invoices, billings and payments; (3) any AGENCY fees attributed to the processing of
the Project; and (4) expenses for items of work not included within the scope of work in
Exhibit "A".
6. Procedures for Distribution ofTUMF Proaram Funds to AGENCY.
(a) Initial Pavment bv the AGENCY. The AGENCY shall be
responsible for initial payment of all the Project costs as they are incurred. Following
payment of such Project costs, the AGENCY shall submit invoices to WRCOG
requesting reimbursement of eligible Project costs. Each invoice shall be accompanied
by detailed contractor invoices, or other demands for payment addressed to the
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020507.DOC
05-SW-TEM-1064
AGENCY, and documents evidencing the AGENCY's payment of the invoices or
demands for payment. The AGENCY shall submit invoices not more often than monthly
and not less often than quarterly.
(b) Review and Reimbursement bv WRCOG. Upon receipt of an
invoice from the AGENCY, WRCOG may request additional documentation or
explanation of the Project costs for which reimbursement is sought. Undisputed
amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event
that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a
portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve
the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the
AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to
WRCOG's Executive Director. The AGENCY may appeal the decision of the Executive
Director to the full WRCOG Board, the decision of which shall be final. Additional
details concerning the procedure for the AGENCY's submittal of invoices to WRCOG
and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit
"B", attached hereto.
(c) Fundina AmounUAdiustment. If a post Project audit or review
indicates that WRCOG has provided reimbursement to the AGENCY in an amount in
excess of the maximum eligible TUMF share of the Project, as determined by the TUMF
Nexus Study, or has provided reimbursement of ineligible Project costs, the AGENCY
shall reimburse WRCOG for the excess or ineligible payments within 30 days of
notification by WRCOG.
7. Increases in Proiect Fundina. The Funding Amount may, in WRCOG's
sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus
Study is amended to increase the maximum eligible TUMF share for the Project. Any
such increase in the Funding Amount must be approved in writing by WRCOG's
Executive Director. In no case shall the amount of TUMF Program Funds allocated to
the AGENCY exceed the then-current maximum eligible TUMF share for the Project.
No such increased funding shall be expended to pay for any Project already completed.
For purposes of this Agreement, the Project or any portion thereof shall be deemed
complete upon its acceptance by WRCOG's Executive Director.
8. No Fundina for Temoorarv lmorovements. Only segments or components
of the Program that are intended to form part of or be integrated into the Project may be
funded by TUMF Program Funds. No improvement which is temporary in nature,
including but not limited to temporary roads, curbs, or drainage facilities, shall be funded
with TUMF Program Funds except as needed for staged construction of the Project.
9. AGENCY's Fundina Obliaation to Comolete the Proiect. In the event that
the TUMF Program Funds allocated to the Project represent less than the total cost of
the Project, the AGENCY shall provide such additional funds as may be required to
complete the Project as described in Exhibit "A".
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C20507.DOC
05-SW-TEM-1064
10. AGENCY's Obligation to Reoav TUMF Proaram Funds to WRCOG. In the
event that (i) the AGENCY, for any reason, determines not to proceed with or complete
the Project; or (ii) the Project is not timely completed, subject to any extension of time
granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that
any TUMF Program Funds that were distributed to the AGENCY for the Project shall be
repaid in full to WRCOG. The Parties shall enter into good faith negotiations to
establish a reasonable repayment schedule and repayment mechanism.
11. Term/Notice of Comoletion. The term of this Agreement shall be from the
date first herein above written until: (i) the date WRCOG formally accepts the Project as
complete, pursuant to Section 7; (ii) termination of this Agreement pursuant to Section
15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All
applicable indemnification provisions of this Agreement shall remain in effect following
the termination of this Agreement. '
12. Reoresentatives of the Parties. WRCOG's Executive Director, or his or
her designee, shall serve as WRCOG's representative and shall have the authority to
act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby
designates Shawn D. Nelson, City Manager, or his or her designee, as the AGENCY's
representative to WRCOG. The AGENCY's representative shall have the authority to
act on behalf of the AGENCY for all purposes under this Agreement and shall
coordinate all activities of the Project under the AGENCY's responsibility. The
AGENCY shall work closely and cooperate fully with WRCOG's representative and any
other agencies which may have jurisdiction over or an interest in the Project.
13. Exoenditure of Funds bv AGENCY Prior to Execution of Aoreement.
Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from
expending funds on the Project prior to the execution of the Agreement, or from being.
reimbursed by WRCOG for such expenditures. However, the AGENCY understands
and acknowledges that any expenditure of funds on the Project prior to the execution of
the Agreement is made at the AGENCY's sole risk, and that some expenditures by the
AGENCY may not be eligible for reimbursement under this Agreement.
14. Review of Services. The AGENCY shall allow WRCOG's Representative
to inspect or review the progress of the Project at any reasonable time in order to
determine whether the terms of this Agreement are being met.
15. Termination.
(a) Notice. Either WRCOG or AGENCY may, by written notice to the
other party, terminate this Agreement, in whole or in part, in response to a material.
breach hereof by the other Party, by giving written notice to the other party of such
termination and specifying the effective date thereof. The written notice shall provide a
30 day period to cure any alleged breach. During the 30 day cure period, the Parties
shall discuss, in good faith, the manner in which the breach can be cured.
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(b) Effect of Termination. In the event that the AGENCY terminates
this Agreement, the AGENCY shall, within 180 days, repay to WRCOG in full all TUMF
Program Funds provided to the AGENCY under this Agreement. In the event that
WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the
AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid
invoices which have been received from the AGENCY regarding the Project at the time
of the notice of termination; provided, however, that WRCOG shall be entitled to
exercise its rights under Section 6(b), including but not limited to conducting a review of
the invoices and requesting additional information. This Agreement shall terminate
upon receipt by the non-terminating Party of the amounts due it hereunder.
(c) Cumulative Remedies. The rights and remedies of the Parties
provided in this Section are in addition to any other rights and remedies provided by law
or under this Agreement.
16. Prevailina Wages. The AGENCY and any other person or entity hired to
perform services on the Project are alerted to the requirements of California Labor Code
Sections 1770 et sea., which would require the payment of prevailing wages were the
services or any portion thereof determined to be a public work, as defined therein. The
AGENCY shall ensure compliance with these prevailing wage requirements by any
person or entity hired to perform the Project. The AGENCY shall defend, indemnify,
and hold harmless WRCOG, its officers, employees, consultants, and agents from any
claim or liability, including without limitation attorneys, fees, arising from its failure or
alleged failure to comply with California Labor Code Sections 1770 et sea.
17. Proaress Reoorts. WRCOG may request the AGENCY to provide
WRCOG with progress reports concerning the status of the Project.
18. Indemnification.
(a) AGENCY Resoonsibilities. In addition to the indemnification
required under Section 16, the AGENCY agrees to indemnify and hold harmless
WRCOG, its officers, agents, consultants, and employees from any and all claims,
demands, costs or liability arising from or connected with all activities governed by this
Agreement including all design and construction activities, due to negligent acts, errors
or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY
will reimburse WRCOG for any expenditures, including reasonable attorneys' fees,
incurred by WRCOG, in defending against claims ultimately determined to be due to
negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Resoonsibilities. WRCOG agrees to indemnify and hold
harmless the AGENCY, its officers, agents, consultants, and employees from any and
all claims, demands, costs or liability arising from or connected with all activities
governed by this Agreement including all design and construction activities, due to
negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-
consultants. WRCOG will reimburse the AGENCY for any expenditures, including
reasonable attorneys' fees, incurred by the AGENCY, in defending against claims
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ultimately determined to be due to negligent acts, errors or omissions or willful
misconduct of WRCOG.
(c) Effect of Acceotance. The AGENCY shall be responsible for the
professional quality, technical accuracy and the coordination of any services provided to
complete the Project. WRCOG's review, acceptance or funding of any services
performed by the AGENCY or any other person or entity under this Agreement shall not
be construed to operate as a waiver of any rights WRCOG may hold under this
Agreement or of any cause of action arising out of this Agreement. Further, the
AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for
all damages to WRCOG caused by the AGENCY's negligent performance of this
Agreement or supervision of any services provided to complete the Project.
19. Insurance. The AGENCY shall require, at a minimum, all persons or
entities hired to perform the Project to obtain, and require their subcontractors to obtain,
insurance of the types and in the amounts described below and satisfactory to the
AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this
Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liabilitv Insurance. Occurrence version
commercial general liability insurance or equivalent form with a combined single limit of
not less than $1,000,000.00 per occurrence. If such insurance contains a general
aggregate limit, it shall apply separately to the Project or be no less than two times the
occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials,
officers, employees, agents, and consultants as insured with respect to performance of
the services on the Project and shall contain no special limitations on the scope of
coverage or the protection afforded to these insured;
(Ii) Be primary with respect to any insurance or self insurance
programs covering WRCOG and AGENCY, and/or their respective offiCials, officers,
employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions.
(b) Business Automobile Liabilitv Insurance. Business automobile
liability insurance or equivalent form with a combined single limit of not less than
$1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired
and non-owned automobiles.
(c) Professional Liabilitv Insurance. Errors and omiSSions liability
insurance with a limit of not less than $1,000,000.00 Professional liability insurance
shall only be required of design or engineering professionals.
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(d) Workers' Comoensation Insurance. Workers' compensation
insurance with statutory limits and employers' liability insurance with limits of not less
than $1,000,000.00 each accident.
20. Proiect Amendments. Changes to the characteristics of the Project,
including the deadline for Project completion, and any responsibilities of the AGENCY
or WRCOG may be requested in writing by the AGENCY and are subject to the
approval of WRCOG's Representative, which approval will not be unreasonably
withheld, provided that extensions of time for completion of the Project shall be
approved in the sole discretion of WRCOG's Representative. Nothing in this Agreement
shall be construed to require or allow completion of the Project without full compliance
with the California Environmental Quality Act (Public Resources Code Section 21000 et
seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et
seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not
justify, excuse, or permit a delay in completion of the Project.
21. Conflict of Interest. For the term of this Agreement, no member, officer or
employee of the AGENCY or WRCOG, during the term of his or her service with the
AGENCY or WRCOG, as the case may be, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
22. Limited Scooe of Duties. WRCOG's and the AGENCY's duties and
obligations under this Agreement are limited to those described herein. WRCOG has
no obligation with respect to the safety of any Project performed at a job site. In
addition, WRCOG shall not be liable for any action of AGENCY or its contractors
relating to the condemnation of property undertaken by AGENCY or construction related
to the Project.
23. Books and Records. Each party shall maintain complete, accurate, and
clearly identifiable records with respect to costs incurred for the Project under this
Agreement. They shall make available for examination by the other party, its authorized
agents, officers or employees any and all ledgers and books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or related to
the expenditures and disbursements charged to the other party pursuant to this
disbursements charged to the other party pursuant to this Agreement. Further, each
party shall furnish to the other party, its agents or employees such other evidence or
information as they may require with respect to any such expense or disbursement
charged by them. All such information shall be retained by the Parties for at least four
(4) years following termination of this Agreement, and they shall have access to such
information during the four-year period for the purposes of examination or audit.
24. Eaual Oooortunitv Emolovment. The Parties represent that they are equal
opportunity employers and they shall not discriminate against any employee or
applicant of reemployment because of race, religion, color, national origin, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related
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4080 Lemon Street, Third Floor
Riverside, California 92501-3609
Attention; Deputy Executive Director
Telephone; (951) 955-7985
Facsimile: (951) 787-7991
Any notice so given shall be considered served on the other party three
(3) days after deposit in the U.S. mail, first class postage prepaid, return receipt
requested, and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice occurred regardless of the method of
service.
33. Intearation; Amendment. This Agreement contains the entire agreement
between the PARTIES. Any agreement or representation respecting matters addressed
herein that are not expressly set forth in this Agreement is null and void. This
Agreement may be amended only by mutual written agreement of the PARTIES.
34. Severabilitv. If any term, provision, condition or covenant of this
Agreement is held invalid or unenforceable, the remainder of this Agreement shall not
be affected thereby.
35. Conflictina Provisions. In the event that provIsions of any attached
appendices or exhibits conflict in any way with the provisions set forth in this
Agreement, the language, terms and conditions contained in this Agreement shall
control the actions and obligations of the Parties and the interpretation of the Parties'
understanding concerning the Agreement.
36. Contract Amendment. In the event that the Parties determine that the
provisions of this Agreement should be altered, the Parties may execute a contract
amendment to add any provision to this Agreement, or delete or amend any provision of
this Agreement. All such contract amendments must be in the form of a written
instrument signed by the original signatories to this Agreement, or their successors or
designees.
37. Indeoendent Contractors. Any person or entities retained by the AGENCY
or any contractor shall be retained on an independent contractor basis and shall not be
employees of WRCOG. Any personnel performing services on the Project shall at all
times be under the exclusive direction and control of the AGENCY or contractor,
whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and
other amounts due such personnel in connection with their performance of services on
the Project and as required by law. The AGENCY or consultant shall be responsible for
all reports and obligations respecting such personnel, including, but not limited to: social
security taxes, income tax withholding, unemployment insurance and workers'
compensation insurance.
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4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Deputy Executive Director
Telephone: (951) 955-7985
Facsimile; (951) 787-7991
Any notice so given shall be considered served on the other party three
(3) days after deposit in the U.S. mail, first class postage prepaid, return receipt
requested, and addressed to the party at its applicable address. Actual notice shall be
deemed adequate notice on the date actual notice occurred regardless of the method of
service.
33. Integration: Amendment. This Agreement contains the entire agreement
between the PARTIES. Any agreement or representation respecting matters addressed
herein that are not expressly set forth in this Agreement is null and void. This
Agreement may be amended only by mutual written agreement ofthe PARTIES.
34. Severability. If any term, provision, condition or covenant of this
Agreement is held invalid or unenforceable, the remainder of this Agreement shall not
be affected thereby.
35. Conflictina Provisions. In the event that provIsions of any attached
appendices or exhibits conflict in any way with the provisions set forth in this
Agreement, the language, terms and conditions contained in this Agreement shall
control the actions and obligations of the Parties and the interpretation of the Parties'
understanding concerning the Agreement.
36. Contract Amendment. In the event that the Parties determine that the
provisions of this Agreement should be altered, the Parties may execute a contract
amendment to add any provision to this Agreement, or delete or amend any provision of
this Agreement. All such contract amendments must be in the form of a written
instrument signed by the original signatories to this Agreement, or their successors or
designees.
37. Indeoendent Contractors. Any person or entities retained by the AGENCY
or any contractor shall be retained on an independent contractor basis and shall not be
employees of WRCOG. Any personnel performing services on the Project shall at all
times be under the exclusive direction and control of the AGENCY or contractor,
whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and
other amounts due such personnel in connection with their performance of services on
the Project and as required by law. The AGENCY or consultant shall be responsible for
all reports and obligations respecting such personnel, including, but not limited to: social
security taxes, income tax withholding, unemployment insurance and workers'
compensation insurance.
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38. Effective Date. This Agreement shall not be effective until executed by both
parties. The failure of one party to execute this Agreement within forty-five (45) days of
the other party executing this Agreement shall render any execution of this Agreement
ineffective.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed by their duly authorized representatives to be effective on the day and year
fi rst above-written.
WESTERN RIVERSIDE COUNCIL
OF GOVERNMENTS
CITY OF TEMECULA
By: ~&,it( Date:L1 r,b -01- By:
Rick Bishop,
Executive Director
Date:
Shawn D. Nelson, City Manager
APPROVED AS TO FORM
~ Date:'ljIO!O?
. DeBaun, .
G Legal Counsel
APPROVED AS TO FORM
By:
Date:
Peter Thorson, City Attorney
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EXHIBIT A
SCOPE OF WORK
SCOPE OF WORK: The Scope of Work and TUMF funding under the terms of this
Agreement is for the PA & ED and PS & E phases only for the Winchester Roadll-
15 Interchange Improvement project, as follows:
The City of Temecula is under contract with Moffat & Nichol to prepare the Project
Report, Environmental Document, and Phase I PS&E for the improvements:
PA & ED: The Draft Project Report was approved in June 2006. The Environmental
Document was approved by City and Caltrans in December 2006 and will be submitted
to FHWA for review upon FHWA's acceptance of the New Connection Report. The
New Connection Report is under FHWA review. Final preparation of the Project Report
is pending approval of Environmental Document. Design Exceptions and Geometric
Drawings were approved in July 2006.
Phase I PS&E: PS&E for Phase I is nearing 90% complete. City and Caltrans are
preparing the Construction Cooperation Agreement, Freeway Agreement, and
Maintenance Agreement. Phase I improvements are proposed within the State's
existing right of way.
Remainina Phases of Work:
Phase II PS&E: Following approval of the Project Report and Environmental Document,
City will begin design of Phase II. Acquisition of right of way is anticipated west of 1-15
for the collector-distributor lanes adjacent to the southbound off-ramp.
Phase I Construction: Existing southbound off-ramp to Winchester Road will be
widened to accommodate one additional lane. Construction will involve ramp widening,
bridge widening, and widening the 1-15 mainline for one auxiliary lane on approach to
the off-ramp.
,Phase II Construction: North- and southbound on-ramps will be realigned and widened
as necessary to tie in to the new collector-distributor (CD) system. The CD system will
run parallel on both sides of 1-15 from Winchester Road to the 1-215 Junction, and
involve construction of new bridges and retaining walls, widening existing bridges, along
with construction of the CD system itself.
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Exhibit A-1
ESTIMATE OF COST
(All Phases)
PROJECT FUNDING: The Winchester Road/l-15 Interchange Improvement Project
represents an integral component of the future French Valley Parkway Overcrossingll-
15 Interchange Project. This Agreement covers the PA&ED and PS&E phases only. At
this time, TUMF represents the primary funding source for each phase of work, as
follows:
I PHASE
I PA & ED
I PS & E (Engineering)
Right-of-Way
Construction
I Total
TUMF
$1,165,000
$2,913,000
$0
$12,815,000
$16,893,000
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Exhibit A-2
PROJECT SCHEDULE
Phase
Estimated or Actual
Completion Date
Draft project report completed 06/06.
Environmental Doc approval expected 08/07
Final PR pendinQ approval of Environmental Doc
Phase I is 90% complete
Entire Project Design Estimated 07/09
PA & ED
Design (PS & E)
Right of Way
N/A to this project
Construction
Phase I expected to begin 12/08
Entire Project to begin 02/10
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EXHIBIT "B"
PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES
1. For professional services, WRCOG recommends that the AGENCY incorporate
this Exhibit "B-1" into its contracts with any subcontractors to establish a standard
method for preparation of invoices by contractors to the AGENCY and ultimately
to WRCOG for reimbursement of AGENCY contractor costs.
2. Each month the AGENCY shall submit an invoice for eligible Project costs
incurred during the preceding month. The original invoice shall be submitted to
WRCOG's Executive Director with a copy to WRCOG's Project Coordinator.
Each invoice shall be accompanied by a cover letter in a format substantially
similar to that of Exhibit "B-2".
3. Each invoice shall include documentation from each contractor used by the
AGENCY for the Project, listing labor costs, subcontractor costs, and other
expenses. Each invoice shall also include a monthly progress report and
spreadsheets showing the hours or amounts expended by each contractor or
Contractor for the month and for the entire Project to date. Samples of
acceptable task level documentation and progress reports are attached as
Exhibits "B-4" and "B-5". All documentation from the AGENCY's contractors
should be accompanied by a cover letter in a format substantially similar to that
of Exhibit "B-3". . .
4. If the AGENCY is seeking reimbursement for direct expenses incurred by
AGENCY staff for eligible Project costs, the AGENCY shall detail the same level
of information for its labor and any expenses in the same level of detail as
required of contractors pursuant to Exhibit "B" and its attachments.
5. Charges for each task and milestone listed in Exhibit "A" shall be listed
separately in the invoice.
6. Each invoice shall include a certification signed by the AGENCY Representative
or his or her designee which reads as follows:
"I hereby certify that the hours and salary rates submitted for reimbursement in
this invoice are the actual hours and rates worked and paid to the contractors or
contractors listed.
Signed
Title
Date
Invoice No.
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7. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an
invoice. If WRCOG disputes any portion of an invoice, payment for that portion
will be withheld, without interest, pending resolution of the dispute, but the
uncontested balance will be paid.
8. The final payment under this Agreement will be made only after: (i) the AGENCY
has obtained a Release and Certificate of Final Payment from each contractor or
contractor used on the Project; (ii) the AGENCY has executed a Release and
Certificate of Final Payment; and (iii) the AGENCY has provided copies of each
such Release to WRCOG.
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B-1
Elements of Compensation
[Sample for Professional Services]
For the satisfactory performance and completion of the Services under this
Agreement, Agency will pay the Contractor compensation as set forth herein. The
total compensation for this service shall not exceed ( iNSERT WRITTEN DOLLAR
AMOUNT~ ($_INSERT NUMERICAL DOLLAR AMOUNT~ without written
approval of Agency's City Manager [or applicable position] ("Total Compensation").
1. ELEMENTS OF COMPENSATION.
Compensation for the Services will be comprised of the following elements; 1.1
Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.
1.1 DIRECT LABOR COSTS.
Direct Labor costs shall be paid in an amount equal to the product of the
Direct Salary Costs and the Multiplier which are defined as follows:
1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid
to the Contractor's personnel directly engaged in performance of
the Services under the Agreement. (The range of hourly rates paid
to the Contractor's personnel appears in Section 2 below.)
1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine
the Direct Labor Costs is , and is the sum of
the following components:
1.1.2.1
Direct Salarv Costs
1.1.2.2
Pavroll Additives
The Decimal Ratio of Payroll Additives to Direct Salary Costs.
Payroll Additives include all employee benefits, allowances for
vacation, sick leave, and holidays, and company portion of
employee insurance and social and retirement benefits, all federal
and state payroll taxes, premiums for insurance which are
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05-SW- TEM-1 064
measured by payroll costs, and other contributions and benefits
imposed by applicable laws and regulations.
1.1.2.3
Overhead Costs
The Decimal Ratio of Allowable Overhead Costs to the Contractor
Firm's Total Direct Salary Costs. Allowable Overhead Costs
include general, administrative and overhead costs of maintaining
and operating established offices, and consistent with established
firm policies, and as defined in the Federal Acquisitions
Regulations, Part 31.2.
Total Multiolier
(sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
1.2 FIXED FEE.
1.2.1 The fixed fee is $
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor
Costs expended for services each month, and shall be included on each
monthly invoice.
1.3 ADDITIONAL DIRECT COSTS.
Additional Direct Costs directly identifiable to the performance of the services of
this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Rates for identified Additional Direct Costs are as follows:
ITEM
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs
RVPUB\sCD\693216.1
REIMBURSEMENT RATE
[_insert charges---"l
$ tday
$ Imile
$ Itrip
$ Ihour
$ Icopy
$ tsheet
$ tcall
$ tsheet
$ Isheet
2
05-SW- TEM-1 064
Travel by air and travel in excess of 100 miles from the Contractor's office
nearest to Agency's office must have Agency's prior written approval to be
reimbursed under this Agreement.
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05-SW- TEM-1 064
2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in
determining Direct Salary Costs in Section 1.1.1 above, are given below and are
subject to the following:
2.1 Direct Salary Rates shall be applicable to both straight time and overtime
work, unless payment of a premium for overtime work is required by law,
regulation or craft agreement, or is otherwise specified in this Agreement.
In such event, the premium portion of Direct Salary Costs will not be
subject to the Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the
effective date of the Agreement. Thereafter, they may be adjusted
annually to reflect the Contractor's adjustments to individual
compensation. The Contractor shall notify Agency in writing prior to a
change in the range of rates included herein, and prior to each
subsequent change.
POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
f_sample---1
Principal
Project Manager
Sr. Engineer/Planner
Project Engineer/Planner
Assoc. Engineer/Planner
Technician
Drafter/CADD Operator
Word Processor
$ .00 - $ .OO/hour
$ .00 - $ .OO/hour
$ .00 - $ .OO/hour
$ .00 - $ .OO/hour
$ .00 - $ .OO/hour
$ .00 - $ .OO/hour
$ .00 - $ .OO/hour
$ .00 - $ .OO/hour
2.3 The above rates are for the Contractor only. All rates for subcontractors to
the Contractor will be in accordance with the Contractor's cost proposal.
3. INVOICING.
3.1 Each month the Contractor shall submit an invoice for Services performed
during the preceding month. The original invoice shall be submitted to
Agency's Executive Director with two (2) copies to Agency's Project
Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included
herein, unless otherwise agreed in writing by Agency's Representative.
4
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05-SW- TEM-1 064
3.3 Base Work and Extra Work shall be charged separately, and the charges
for each task and Milestone listed in the Scope of Services, shall be listed
separately. The charges for each individual assigned by the Contractor
under this Agreement shall be listed separately on an attachment to the
invoice.
3.4 A charge of $500 or more for anyone item of Additional Direct Costs shall
be accompanied by substantiating documentation satisfactory to Agency
such as invoices, telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress
Report and spreadsheets showing hours expended by task for each
month and total project to date.
3.6 If applicable, each invoice shall indicate payments to DBE subcontractors
or supplies by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Contractor's
Representative or an officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in
this invoice are the actual hours and rates worked and paid
to the employees listed.
Signed
Title
Date
Invoice No.
4. PAYMENT
4.1 Agency shall pay the Contractor within four to six weeks after receipt by
Agency of an original invoice. Should Agency contest any portion of an
invoice, that portion shall be held for resolution, without interest, but the
uncontested balance shall be paid.
. 4.2 The final payment for Services under this Agreement will be made only
after the Contractor has executed a Release and Certificate of Final
Payment.
5
RVPUBISC;Dl693216.l
EXHIBIT B-2
Sample Cover Letter to WRCOG
Date
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Deputy Executive Director
ATTN: Accounts Payable
Re; Project Title - Invoice #_
Enclosed for your review and payment approval is the AGENCY's invoice for
professional and technical services that was rendered by our contractors in connection
with the 2002 Measure "A" Local Streets and Roads Funding per Agreement No.
effective (Month/DavlYear). The required support documentation
received from each contractor is included as backup to the invoice.
Invoice period covered is from Month/DatelYear to Month/DatelYear.
Total Authorized Agreement Amount:
$0,000,000.00
$0,000,000.00
$0,000,000.00
$0,000,000.00
Total Invoiced to Date:
Total Previously Invoiced:
Balance Remaining:
Amount due this Invoice:
$0,000,000.00
-----------
-----------
I certify that the hours and salary rates charged in this invoice are the actual hours and
rates worked and paid to the contractors listed.
By:
Name
Title
cc:
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EXHIBIT B-3
Sample Letter from Contractor to AGENCY
Month/DatelY ear
Western Riverside Council of Governments
Riverside County Administrative Center
4080 Lemon Street, Third Floor
Riverside, California 92501-3679
Attention: Deputy Executive Director
Attn: Accounts Payable
Invoice #
For [type of services] rendered by [contractor name] in connection with [name of
project] This is per agreement No. XX-XX-XXX effective Month/DatelYear
Invoice period covered is from MonthlDatelYear to
MonthlDatelY ear
Total Invoice to Date:
Total Previously Billed:
Balance Remaining:
$000,000.00
$000,000.00
$000,000.00
$000,000.00
$000,000.00
$000,000.00
$000,000.00
Total Base Contract Amount:
Authorized Extra Work (if Applicable)
TOTAL AUTHORIZED CONTRACT AMOUNT:
Amount Due this Invoice:
----------
----------
I certify that the hours and salary rates charged in this invoice are the actual hours and
rates worked and paid to the employees listed,
By:
Name
Title
7
R VPUB\SCD\693216.1
EXHIBIT B-4
SAMPLE TASK SUMMARY SCHEDULE
(OPTIONAL)
8
RVPUBISCDI693216.1
EXHIBIT B.5
Sample Progress Report
REPORTING PERIOD:
PROGRESS REPORT:
Month/DatelYear to MonthlDatelYear
#1
A. Activities and Work Completed during Current Work Periods
TASK 01'-100% PS&E SUBMITTAL
1. Responded to Segment 1 comments from Department of Transportation
2. Completed and submitted Segment 1 final PS&E
B. Current/Potential Problems Encountered & Corrective Action
Problems
Corrective Action
None
None
C. Work Planned Next Period
TASK 01 -100% PS&E SUBMITTAL
1. Completing and to submit Traffic Signal and Electrical Design plans
2. Responding to review comments
9
RVPUB\SCD\693216.1
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ITEM NO.7
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Approvals
City Attorney
Director of Finance
City Manager
fM<(
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CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
May 08, 2007
SUBJECT:
Contract for Bridge Fencing Architectural Enhancements on the Southerly Side
of the Overland Drive Bridge over Interstate 15 - Project No. PW05-09
PREPARED BY:
Greg Butler, Principal Engineer
William Becerra, Assistant Engineer
RECOMMENDATION:
That the City Council:
1. Award a contract to Howe Welding & Fabrication to furnish & install architectural
enhancements on the bridge fence on the southerly side of the Overland Drive
Overcrossing, Project No. PW05- 09, in the amount of $168,281.80.
2. Authorize the City Manager to approve change orders not to exceed the contingency amount
of $16,828.18, which is equal to 10% of the contract amount.
3. Approve an appropriation of Development Impact Fees - Public Art in the amount of
$155,500 to cover the administrative and furnish & installation costs for this project.
BACKGROUND: At the request of the Infrastructure Beautification Committee, staff
explored ways of ornamentally enhancing the bridge fencing recently installed on the southerly side
of the Overland Drive bridge over 1-15. Staff interviewed several local artists and determined Bob
Morris' conceptual designs depicting rolling hills, clouds and balloon silhouettes fit the surroundings
and the method of installation worked well with the existing fencing. After the prototype was
approved by the committee, staff commissioned engineered drawings and submitted the proposed
architectural enhancement details to Caltrans for review and approval. After their plan check
comments were adequately addressed, Caltrans issued an encroachment permitforthe installation
of the ornamental frames. The original scope of work for this project included a similar installation at
the Rancho California Road bridge. The work at that location will be completed as a future phase.
Because of the nature of this project, it would be mutually beneficial if the artist and fabricator were
both local and have prior experience with each other. Howe Welding & Fabrication was selected as
a sole source contractor because it is a local business that has previously provided material
fabrication for other Caltrans related projects and has substantial experience with the selected artist
for this project.
The project involves the fabrication and installation of roughly 300 linear feet of architectural
enhancement panels on the bridge. Once installed, the fencing on the south edge of the bridge over
the freeway will depict rolling hills with sporadic clouds and balloon silhouettes.
FISCAL IMPACT: The total furnish and install cost for the project is $185,109.98, which
includes the contract amount of $168,281.80 and a 10% contingency of $16,828.18. This project will
be included in the CIP document presently being prepared which covers FY 2007-2012. To fully
fund contract and administration costs priorto the CIP document being adopted, an appropriation of
$155,500 is necessary.
Account No.
210-190-148-
Appropriation/Transfer Details
Available Appropriation
FY06-07 /Transfer
Appropriation
$ 0.00 $
$ 50,000.00 $
$ 0.00 $
$ 0.00 $
$ 50,000.00 $
Adjusted
Balance
I 5801 Admin
I 5802 DesiQn
I 5804 Constr.
I 5805 Constr. EnQ
I TOTALS:
20,000.00
0.00
185,500.00
0.00
205,500.00
$ 20,000.00 I
$ 0.00 I
$ 185,500.00 I
$ 0.00 I
$ 205,500.00 I
ATTACHMENTS:
1. Project Location
2. Project Description
3. Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW05.09
ARCHITECTURAL ENHANCEMENT PANELS ON SOUTHERLY SIDE
OVERLAND DRIVE BRIDGE
OVER INTERSTATE 15
THIS CONTRACT, made and entered into the 8th day of May, 2007 by and between the City of
Temecula, a municipal corporation, hereinafter referred to as 'CITY", and Howe Welding &
Fabrication, hereinafter referred to as 'CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW05.
09, ARCHITECTURAL ENHANCEMENT PANELS ON SOUTHERLY SIDE OVERLAND
DRIVE BRIDGE OVER INTERSTATE 15, Insurance Forms, this Contract, and all
modifications and amendments thereto, the State of California Standard Plans and
Specifications for Construction of Local Streets and Roads, (latest edition), issued by the
California Department of Transportation, where specifically referenced in the Plans,
Special Provisions, and Technical Specifications, and the latest version of the Standard
Specifications for Public Works Construction, including all supplements as written and
promulgated by Public Works Standards, Inc (hereinafter, 'Standard Specifications") as
amended by the General Specifications, Special Provisions, and Technical Specifications
for PROJECT NO. PW05-09, ARCHITECTURAL ENHANCEMENT PANELS ON
SOUTHERLY SIDE OVERLAND DRIVE BRIDGE OVER INTERSTATE 15. Copies of
these Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW05-09, ARCHITECTURAL ENHANCEMENT PANELS ON SOUTHERLY SIDE
OVERLAND DRIVE BRIDGE OVER INTERSTATE 15.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
CONTRACT
C-1
R:\CIPIPROJECTSIPWOS\PWOS-09 Bridge FendnglAgreement\Bridge Artwork ContracldoclBridge Artwork Contract
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW05-o9,
ARCHITECTURAL ENHANCEMENT PANELS ON SOUTHERLY SIDE OVERLAND DRIVE
BRIDGE OVER INTERSTATE 15
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE
HUNDRED SIXTY EIGHT THOUSAND TWO HUNDRED EIGHTY ONE DOLLARS and
EIGHTY CENTS ($168,281.80), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed fifty (50) working
days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not
commence until bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
CONTRACT
C-2
R:ICIPIPROJECTSIPW05\PW05-OO Bridge Fendng\AgreementIBridge Artwork Conllact.doc\Bridge Artwork Conllact
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms
provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and that the amount stated in the certificate is due under the terms of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty (30)
days pursuant to Public Contracts Code Section 20104.50. Public Contract Code
Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to reduce
the retention to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extension of time and will not be assessed liquidated damages for
unforeseeable delays beyond the control of, and without the fault or negligence of, the
CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the
occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty
(30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written
documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to
provide such notice and documentation shall constitute CONTRACTOR'S waiver,
discharge, and release of such delay claims against CITY.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
CONTRACT
C-3
R:\CIPlPROJECTSIPWOSIPWOS-OO Bridge Fenclng\AgreementIBridge Artwork Conllact.doclBridge Artwork Conllact
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
of the Department of Industrial Relations. These rates are available from the California
Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the proviSions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
CONTRACT C-4
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15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, 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 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 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
CONTRACT
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22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Street Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
CONTRACT
C~
R:ICIP\PROJECTS\PW05\PWO~9 Bridge FenclnglAgreementIBridge Artwork Conllact.doclBridge Artwork Conllact
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
Howe Welding & Fabrication
41218 Nick Lane
Murrieta, CA 92562
(951) 698-6997
FAX: (951) 698-0675
Oscar Valerio, Owner
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Chuck Washington, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
CONTRACT
C-?
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ATTACHMENT "A"
COST PROPOSAL
PROJECT NO. PW05.09
ARCHITECTURAL ENHANCEMENT PANELS ON SOUTHERLY SIDE
OVERLAND DRIVE BRIDGE
OVER INTERSTATE 15
EXHIBIT "A" -INSURANCE ENDORSEMENTS & CERTIFICATES
A-1R:ICIP\PROJECTSIPWOSIPWOS.{)9 Bridge FenclnglAgreementIBridge Artwork Conllact.do
.' \ Howe Welding & Fabrication
A Premier Company
" , 41218 Nick Lane
Murrieta, CA 92562
~..~~ Tel: 951-698-6997 Fax: 951-698-0675
www.howewelding.com
Proposal
Date
Proposal #
4/20/2007
P2050
Customer Name
Job Address
City ofTemecula
Department of Public Works
PO Box 9033
Temecula, CA 92589-9033
City of Temecula Architectural
Enhancement for Bridge Fencing
for I overpass.
Attn: William Becerra
P.O. No.
T enns
Rep
FOB
Buyer/ Contact
Net 30
Tim
Murrieta
William Becerra
Project Description
Qty
Unit
Cost
Total
I lot
83,055.50
83,055.50T
Shop fabricate approximately 300'-0" linear feet of architectural
enhancement panels per approved proto-type. Hot dipped
galvanized 1-1/2" X 1/8" angle frame, 14 gage 'perforated fields
and copper edge trim with cut out copper balloon design. Scene
to repeat 4 times over 300' section. Submitted to the City of
Temecula.
Installation of above panels to existing fencing by Cal- Trans.
Night time installation includes lights, and generators.
Installation
I lot
78,789.50
78,789.50
Includes traffic plan or traffic abatement items, signs, cones etc.
Allow 8-10 weeks lead time
Deposit and Purchase Order to start project
Subtotal
$161,845.00
Signature
Sales Tax (7.75%) $6,436.80
Above proposal is valid for 30 days. Please contact us should you have any
Questions (a) 951-698-6997 or via fax (a) 951-698-0675. Thank vou.
Total
$168,281.80
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ITEM NO.8
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Approvals
City Attorney
Director of Finance
City Manager
JM.~
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(J(L.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
May 8, 2007
SUBJECT:
Award the Construction Contract for the Slurry Seal Project FY2006-2007 -
Meadowview Area - Project No. PW07-03
PREPARED BY:
Amer Attar, Principal Engineer
Bill McAteer, Construction Manager
RECOMMENDATION:
That the City Council:
1. Award a construction contract for the Slurry Seal Project FY 2006-2007,
Meadowview Area, Project No. PW07-03, to American Asphalt South, Inc. for the
base bid amount of $842,570.00 plus the additive bid amount of $88,400.00 for a
total contract amount of $930,970.00 and authorize the Mayor to execute the
contract.
2. Authorize the City Managerto approve change orders notto exceed the contingency
amount of $93.097.00, which is equal to 10% of the contract amount.
BACKGROUND: On March 27, 2007, the City Council approved the Construction Plans
and Specifications and authorized the Department of Public Works to solicit construction bids for
Project No. PW07-03, Slurry Seal Project FY 2006-2007, Meadowview Area.
The project involves surface cleaning and crack sealing designated roadways, applying Type II
Rubberized Emulsion - Aggregate Slurry (REAS) and replacing striping and pavement delineation.
This will inhibit the infiltration of water into the road structural section and prolong the service of the
pavement.
In the Plans and Specifications there was also an additive Bid, A01, which provided for the sealing
of several streets in the industrial area West of Diaz Road. This additional work is included in the Bid
prices listed below.
Five (5) bids were received and publicly opened on Monday, April23, 2007 . The results plus the
additive bid were as follows:
1.
2.
3.
4.
5.
American Asphalt South, Inc.
Pavement Recyling System
Bond Blacktop
Pave Coatings Company
All American Asphalt
$ 930,970.00
$ 944,240.00
$1,005,265.00
$1,056,396.00
$1,052,320.00
A copy of the bid summary is available for review in the City Engineer's office.
Staff has reviewed the bid proposals and found American Asphalt South, Inc. to be the lowest
responsible bidder. American Asphalt South, Inc. has extensive experience in the application of
slurry seal and has successfully completed similar projects in the City as well as other city agencies.
The Engineer's estimate for this project was $910,000.00. The specifications allow this forty (40)
working days for the completion of the project.
FISCAL IMPACT: Funds are available in the Public Works Department, Maintenance
Division, Routine Street Maintenance Fiscal Year 2006-2007 Operating Budget Account No. 001-
164-601-5402. The total project contract amount is $930,970.00 which includes the base bid
amount of $842,570.00 plus the additive bid amount of $88,400.00. The total project cost is
$1,024,037.00, which includes the contract amount of plus 10% contingency of $102,403.70.
ATTACHMENTS:
1. Location Map
2. Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW07-03
SLURRY SEAL PROJECT FY 2006-2007, MEADOWVIEW AREA
THIS CONTRACT, made and entered into the 8th day of May, 2007, by and between the City of
Temecula, a municipal corporation, hereinafter referred to as "CITY", and American Asphalt
South, Inc., hereinafter referred to as "CONTRACTOR."
.
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows: .
1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW07-
03, SLURRY SEAL PROJECT FY 2006-2007, MEADOWVIEW AREA, Insurance Forms,
this Contract, and all modifications and amendments thereto, the State of California
Standard Plans and Specifications for Construction of Local Streets and Roads, (latest
edition), issued by the California Department of Transportation, where specifically
referenced in the Plans, Special Provisions, and Technical Specifications, and the latest
version of the Standard Specifications for Public Works Construction, including all
supplements as written and promulgated by Public Works Standards, Inc (hereinafter,
"Standard Specifications") as amended by the General Specifications, Special Provisions,
and Technical Specifications for PROJECT NO. PW07-03, SLURRY SEAL PROJECT FY
2006-2007, MEADOWVIEW AREA. Copies of these Standard Specifications are
available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW07-03, SLURRY SEAL PROJECT FY 2006-2007, MEADOWVIEW AREA.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
CONTRACT
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R:\CIPlPROJECTSIPW07IPW07-cJ3 Slurry Seal. Meadow Vl8WIAgreemenfslContract.doc
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW07-03, SLURRY SEAL PROJECT FY 2006-2007,
MEADOWVIEW AREA
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL.. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULI;. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to be done, the sum of: NINE
HUNDRED THIRTY THOUSAND NINE HUNDRED SEVENTY DOLLARS and NO
CENTS ($930,970.00), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed Forty (40)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
CONTRACT
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about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms
provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and that the amount stated in the certificate is due under the terms of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty (30)
days pursuant to Public Contracts Code Section 20104.50. Public Contract Code
Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to reduce
the retention to the Engineer.
7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extension of time and will not be assessed liquidated damages for
unforeseeable delays beyond the control of, and without the fault or negligence of, the
CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the
occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty
(30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written
documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to
provide such notice and documentation shall constitute CONTRACTOR'S waiver,
discharge, and release of such delay claims against CITY.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGE~. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
of the Department of Industrial Relations. These rates are available from the California
Department of Industrial Relation's Intemet Web Site at http://www.dir.ca.gov.
CONTRACT
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CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum, CONTRACTOR shall comply with the
provisions of Section 1773.8,1775,1776,1777.5,1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIE&. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
13. CONFLICT OF INTERES~. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and SpeCifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed.
by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items,if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
CONTRACT
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16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTIOt'!. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATlOt::!.. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, 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 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 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENT~. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
CONTRACT
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R:\ClP\PROJECTSlPW07IPW07-D3 Sluny Seal. Meadow Vl8W'oAQreementslConlracLdoo
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Streat Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
CONTRACT
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
(909) 427-8276
Jeff Petty, Vice President
Lyle Stone, Secretary
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Chuck Washington, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
CONTRACT
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I~-- .
,
II
ITEM NO.9
II
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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
DATE:
May 8, 2007
SUBJECT:
Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for the Citywide Concrete Repairs Phase II - FY 2006-07
Project No. PW07-06
PREPARED BY:
Greg Butler, Principal Engineer
Avlin R. Odviar, Associate Engineer
RECOMMENDATION: That the City Council approve the plans and specifications and
authorize the Department of Public Works to solicit construction bids for the Citywide Concrete
Repairs Phase 11- FY 2006-07, Project No. PW07-06.
BACKGROUND: This is an annual project which repairs various concrete facilities
maintained by the City. The Public Works Maintenance Division has surveyed the City and compiled
a list of improvements in need of repair. Damaged curb & gutter, sidewalk, drive approaches, under
sidewalk drains, cross gutters, ADA ramps, spandrels, and local depressions at various locations will
be removed and replaced by the project.
Project specifications are complete and the project is ready to be advertised for construction bids.
The contract documents are available for review in the Director of Public Works' office.
The Engineer's Construction Estimate for the project is $140,000.00.
FISCAL IMPACT: Adequate funds are in the Public Works Department Maintenance
Division FY 2006-2007 Budget for Routine Street Maintenance, Account No. 001-164-604-5402.
ATTACHMENTS:
1. Phase II Concrete Repair List. (3 pages)
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ITEM NO.1 0
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Approvals
City Attorney
Director of Finance
City Manager
~
CIl
CJC/...-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
May 8, 2007
SUBJECT:
Temecula Public Library Technology Maintenance Agreement
RECOMMENDATION: That the City Council authorize the purchase of a four year
maintenance support agreement for the Vernon Library Systems book return sorter, security gates,
self check stations, staff stations, and inventory wand for an annual amount of $18,384 and a four
year total amount of $73,536.
BACKGROUND: The City installed a fully automated library system to streamline
circulation and security operations. This system is state-of-the-art and requires Original Equipment
Manufacturer (OEM) updates, telephone support and scheduled maintenance activities. The
projected depreciation life span for this equipment is four years and this service will be funded on an
annual basis. The Vernon Library Systems suite is a Windows-based environment that interacts with
Microsoft SQL databases and complies with state and federal regulations. This product is a propriety
application and may only be obtained from Vernon Library, Inc.
FISCAL IMPACT: The first installment of four payments for $18,384 has been budgeted
in the 2006-07 Fiscal Year Budget for the Information Systems/Library fund.
ATTACHMENTS: Agreement for vendor services between the City of Temecula and
Vernon Library Supplies, Inc.
AGREEMENT
FOR VENDOR SERVICES
BETWEEN THE CITY OF TEMECULA
AND VERNON LIBRARY SUPPLIES, INC.
THIS AGREEMENT is made and effective as of May 8, 2007, between the City of Temecula, a
municipal corporation ("City") and Vernon Library Supplies, Inc. d/b/a Integrated Technology
Group, a ("Vendor"). In consideration of the mutual covenants and conditions setforth herein, the
parties agree as follows:
1. TERM. This Agreement shall commence on May 8,2007, and shall remain
and continue in effect for five (4) years, but not later than November 8, 2011, unless sooner
terminated pursuant to the provisions of this Agreement.
2. SERVICES. Vendor shall perform the services and tasks described and set
forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Vendor shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Vendor shall at all time faithfully, competently and to the
best of his or her ability, experience, and talents, 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.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office of Temecula. Vendor shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as
a minimum. Vendor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Vendor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract
5. PAYMENT.
a. The City agrees to pay Vendor annually, in accordance with the payment rates
and terms as set forth in Exhibit B, Payment Rates, attached hereto and incorporated herein by this
reference as though set forth in full, based upon the equipment items listed in Exhibit B. This
amount shall not exceed $73,536.00, Seventy Three Thousand, Five Hundred Thirty Six Dollars
and Zero Cents for the total term of the Agreement unless equipment items are deleted in writing
from this Agreement.
b. Vendor 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. Vendor shall be
compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Vendor at the time City's written authorization is given to Vendor for the performance
of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement but in no event shall the total sum of the exceed twenty -five thousand dollars
($25,000.00). Any additional work in excess of this amount shall be approved by the City Council.
c. Vendor 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 vendor's fees it shall give written notice to
Vendor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City mayat anytime, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the vendor at least ten (10) days
prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under
this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion
of this Agreement such suspension or termination shall not make void or invalidate the remainder
of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Vendor the actual value of the work performed up to the time of termination, provided
thatthe work performed is of value to the City. Upon termination of the Agreement pursuantto this
Section, the Vendor will submit an invoice to the City pursuant to Section 4.
7. DEFAUL T OF VENDOR.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. I n the event that Vendor is in default for cause under the terms of this
Agreement, 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, and without fault or negligence of the
Vendor, it shall not be considered a default.
b. If the City Manager or his delegate determines that 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 (10) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the eventthatthe 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.
8. OWNERSHIP OF DOCUMENTS.
a. Vendor 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. Vendor 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. Vendor 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 of three (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 generated for the work, surveys, notes, and other documents 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 Vendor. With respect to computer files containing data generated for the work, Vendor 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.
9. INDEMNIFICATION.
a. The Vendor 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 and expert witness fees, 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
Vendor's 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.
10. INSURANCE REQUIREMENTS. Vendor shall procure and maintain forthe
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 SCODe of Insurance. Coverage shall be at least as broad as:
(1) I nsurance Services Office Commercial General Liability form
No. CG 0001 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
0692 covering Automobile Liability, code 1 (any auto). If the Vendor
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. If the Vendor has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Vendor shall execute a
declaration that it has no employees.
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) 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 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 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 insured's 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.
(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 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. Acceotabilitv 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. Self
insurance shall not be considered to comply with these insurance requirements.
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.
11. INDEPENDENT CONTRACTOR.
a. 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 Vendor shall
at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers,
employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendo~s
officers, employees, or agents except as set forth in this Agreement. Vendor shall not at anytime
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. Vendor 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 Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement,
City shall not pay salaries, wages, or other compensation to Vendor for performing services
hereunder for City. City shall not be liable for compensation or indemnification to Vendor for injury
or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Vendor 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
Vendor 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 at law or in equity occasioned by failure of
the Vendor to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Vendor in performance of this Agreement shall be
considered confidential and shall not be released by Vendor without City's prior written
authorization. Vendor, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager 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 project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Vendor gives City notice of such court order or subpoena.
b. Vendor shall promptly notify City should Vendor, 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 obli-
gation, to represent Vendor and/or be present at any deposition, hearing or similar proceeding.
Vendor agrees to cooperate fully with City and to provide City with the opportunity to review any
response to discovery requests provided by Vendor. 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 may be given either by (I) personal service, <ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or <iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Vendor:
Integrated Technology Group
2851 Cole Court
Norcross, GA 30071
Attn: Shai Robkin
15. ASSIGNMENT. The Vendor 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 of this Agreement, Vendor's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Vendor.
16. LICENSES. At all times during the term of this Agreement, Vendor shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. 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 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 prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted.
18. PROHIBITED INTEREST., No officer, or employee ofthe CityofTemecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior
or contemporaneous agreements, understandings, representations and statements, oral or written,
are merged into this Agreement and shall be of no further force or effect. Each party is entering
into this Agreement based solely upon the representations set forth herein and upon each party's
own independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Vendor warrants and represents that he or she has the
authorityto execute this Agreement on behalf of the Vendor and has the authority to bind Vendor 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
Chuck Washington, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Integrated Technology Group
2851 Cole Court
Norcross, GA 30071
Attn: Shai Robkin
(Two Signatures of Corporate Officers Required For Corporations)
By:
Name:
Title:
By:
Name:
Title:
EXHIBIT A
Annual Maintenance and Support for Apex RFID Products
(a) Support. Integrated Technology Group (ITG) will provide Customer maintenance and
support services on an annual basis subject to payment ofthe annual Product Support Fee. The
following maintenance services will be provided during the Period as described below.
(i) All Hardware Product components, with the exception of consumable parts (e.g.,
print heads, ribbons, etc.), which fail, shall be replaced free of charge unless such
failure is caused by Customer, as determined by ITG in consultation with the
Customer. All replacement parts, be they new or parts of equal quality, will be
provided on an exchange basis.
(ii) In the event that Customer reports any material bugs or defects in the Software, ITG
shall use commercially reasonable efforts to correct or replace the Software or
provide the services necessary to remedy any programming error attributable to
ITG and that significantly affects the functionality ofthe Software.
(iii) ITG shall provide points of contact for Customer to report all Product
problems, failures and defects. Customer shall designate specific employees who
will be directly trained directly by ITG in all aspects of the products, including
trouble shooting. 11lese, and only these employees, can contact ITG for matters
related to this Agreement. For the purpose of product ITG is not obligated to
respond to any other employees except those specifically designated.
(iv) ITG support shall be available during all regular operating hours ofthe library. ITG
shall respond within 24 hours to detennine the nature ofthe error or defect in the
product. ITG shall provide the maintenance and support services during the
service period by telephone, facsimile, email, modem, on site visit or any other
means which its deems appropriate, at its sole discretion, to adequately provide
those services.
(v) ITG shall supply Customer without charge any and all updates,
improvements, modifications, and releases to the Licensed Programs that ITG
makes available to its licensees generally without charge, provided that ITG
reserves the right to charge separately for new options or new applications that, in
the discretion ofITG, constitute a new software product.
(vi) Maintenance services to be provided by ITGunderthis Agreement do not
include:
(a) Correction of errors arising from changes, alterations, additions or
modification by persons other than the employees or agents of ITG
or caused by the operation ofthe Product other than in accordance
with the operating specifications;
(b) Correction of errors arising from the fault, neglect, misuse or
omission ofthe Customer or its servants, agents, contractors, or
invitees, or any other person whether or not that person is under
the control or direction ofthe Customer;
(c) Rectification of errors or defects caused by the incorrect or
unauthorized use, modification, revision, variation or translation of
the software by the Customer or its servants, agents, contractors or
invitees;
(d) Repair of damage arising from the failure or surge of electrical
power, fusion, fire, air conditioning malfunction, damage caused in
transportation or any other environmental factor or cause other
than a cause arising from normal use of the Product.
(e) Correction of errors caused by the use of computer programs not
licensed by ITG for use by the Customer.
(b) Assip:lllllent of Warranties on Hardware Products. hl addition to lTG's obligations
under the Maintenance Agreement, ITG hereby assigns to Customer all rights of ITG
under any manufacturer's warranties applicable to Hardware Products purchased under
this Agreement to the eJ\.ient such assignment is pennitted under such warranties. Such
assignment will be effective upon payment ofthe Total Purchase Price and all other
charges invoiced for the shipment ofthe Products. Except as provided hereunder or
pursuant to an executed Maintenance Agreement, ITG shall have no obligation to provide
maintenance support or other services for Hardware Products purchased under this
Agreement.
Limitation on Services. Notwithstanding the above, in the event that Customer or
any third party enhances, modifies, alters or otherwise makes any change to the Products
without the prior express written consent of lTG, ITG shall have no obligation
whatsoever to provide maintenance or support of such Products at any time after such
enhancement, modification, alteration or change. Notwithstanding anything herein to the
contrary, lTG's obligation to provide maintenance and support for the Licensed Programs
shall eJ\.iend only to the most recent version and the neJ\.imost recent version ofthe
Licensed Programs provided to Customer.
(d) UDQI'ades. The information technology industry is very dynamic and marked by
frequent product replacement and upgrades. With respect to hardware and third party
software, Customer retains the responsibility for the costs of purchase and installation of
upgrades necessary to maintain the functionality of system.
(e) Customer Obligations. During the term ofthis Agreement, Customer shall do the
following:
(i) Customer shall provide ITG with sufficient documentation, infomlation, assistance,
support and test time on Customer's computer system, to duplicate any reported
problems, certify that the problem is with the Products, and certify that the problem
has been corrected.
(ii) Customer shall perform problem definition activities, and any remedial or corrective
actions, as described in the Licensed Progranls customer manuals and other system
documentation provided to Customer by lTG, prior to seeking assistance from ITG.
(iii) Customer shall provide lTG's Maintenance personnel with proper and safe access
to the equipment and software at all requisite times for the pUlpose of providing the
maintenance services.
(iv) Customer will provide ITG with at least 30 days written notice ofthe
Customer's intention to move the equipment to a location other than the
premises.
Updated 4/2007
EXHIBIT B
ITG SUPPORT ITEM DESCRIPTION OUANTITY MAINT. TOTAL
May-07 RFIDlOO OneCheck Staff Station 2 $237.60 $475.20
May-07 RFID2l0 FlexCheck Staff Station 4 $324.00 $1,296.00
May-07 RFID300 Apex XpressCheck Countertop 3 $1,620.00 $4.860.00
May-07 RFID4l0ID Security Pedestal 4 $583.20 $2.332.80
May-07 RFID500WC Mobile Inventory Wand System 1 $660.00 $660.00
May-07 RFID700-5 Book Drop 5-Bin Sorter 1 $8. 760.00 $8.760.00
$18,384.0
Updated 4/2007
Ii
-
I.
ITEM NO. 11
I
I
ORDINANCE NO. 07-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE ZONING MAP OF THE
CITY OF TEMECULA FROM MEDIUM DENSITY
RESIDENTIAL (M) TO PLANNED DEVELOPMENT
OVERLAY (PDO-11) AND ADOPTING SECTIONS
17.22.220 THROUGH 17.22.228 INCLUDING THE PDO-11
TEXT AND DEVELOPMENT STANDARDS FOR THE
DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED
HOMES ON CONDOMINIUM LOTS ON PROPERTY
LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY
LOCATED AT THE NORTHEAST CORNER OF RANCHO
VISTA ROAD AND MIRA LOMA DRIVE (A.P.N. 944~60-
006)
Section 1. Procedural Findinas. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. Reza Shera of Pacific Group filed Planning Application No. PA05-0234 on
August 8, 2005, in a manner in accord with the City of Temecula General Plan and
Development Code.
B. The applications for the Project were processed and an environmental
review was conducted as required by law, including the California Environmental Quality
Act.
C. The Planning Commission of the City of Temecula held a duly noticed
public hearing on November 15, 2006, to consider the applications for the Project and
environmental review, at which time the City staff and interested persons had an
opportunity to, and did testify either in support oropposition to this matter.
D. Following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning
Commission adopted Resolution No. 06-62, recommending that the City Council
approve a Planned Development Overlay to amend the land use designation from
Medium Density Residential (M) to Planned Development Overlay (PDO-11) and adopt
Sections 17.22.220 through 17.22.228, including the PDO-11 text and development
standards for property located at 29601 Mira Loma Drive, generally located at the
northeast corner of Mira Loma Drive and Rancho Vista Road.
E. On January 23, 2007, February 27, 2007, and April 10, 2007, the City
Council of the City of Temecula held duly noticed public hearings on the Project at
which time all persons interested in the Project had the opportunity and did address the
City Council on these matters.
R:/Ords 2007/0rds 07-03
F. At the conclusion of the City Council hearings and after due consideration
of the testimony, the City Council approved PA05-0234 subject to and based upon the
findings set forth hereunder.
G. All legal preconditions to the adoption of this Ordinance have occurred.
H. The City Council, in approving the Planned Development Overlay
proposed in Planning Application PA05-0234, hereby makes the following findings:
i. The proposed Planned Development Overlay is consistent with the
land use designation of the General Plan of the City of Temecula in which the use is
located, as shown on the Land Use Map. The site is physically suitable for the type of
uses proposed for the project site, and the proposed Planned Development Overlay
would further the City's long-term economic development goals.
ii. The proposed Planned Development Overlay conforms to the
General Plan and the use is in conformance with the goals, policies, programs, and
guidelines of the elements of the General Plan. The proposed Planned Development
Overlay allows for a use that will provide the diversity of uses desired in the General
Plan and will create a balanced community with additional housing opportunities
available to the community.
Section 2. Environmental Findinqs. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of
the Planned Development Overlay (the "Project"):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval
of the proposed Planned Development Overlay as described in the Initial
Study (the "Project"). Based upon the findings contained in that Study, City
staff determined that there was no substantial evidence that the Project could
have a significant effect on the environment and a Mitigated Negative
Declaration and a Mitigation Monitoring Program was prepared.
B. Thereafter, City staff provided public notice of the public comment period and
of the intent to adopt the Mitigated Negative Declaration as required by law.
The public comment period commenced on September 7, 2006 and expired
on September 28, 2006. Copies of the documents have been available for
public review and inspection at the offices of the Department of Community
Development, located at City Hall, 43200 Business Park Drive, Temecula,
California 92589.
C. One written comment was received prior to the public hearing and a response
to all of the comments made therein was prepared, submitted to the City
Council and incorporated into the administrative record of the proceedings.
R:/Ords 2007/0rds 07-03
2
D. The City Council has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration prior to and
at the April 10, 2007 public hearing, and based on the whole record before it,
finds that: (1) the Mitigated Negative Declaration was prepared in compliance
with CEQA; (2) there is no substantial evidence that the Project will have a
significant effect on the environment; and (3) the Mitigated Negative
Declaration reflects the independent judgment and analysis of the City
Council.
E. Based on the findings set forth in the Resolution, the City Council hereby
adopts the Mitigated Negative Declaration and the Mitigation Monitoring Plan
prepared for the Project. The Director of Community Development is
authorized and directed to file a Notice of Determination in accordance with
CEQA.
Section 3. Adootion of Zone Chanoe and Planned Develooment Overlav
Zone. Pursuant to the provisions of Section 17.02.030 of the Temecula Municipal
Code, the City Council hereby amends the Official Zoning Map of the City for the
property located at 29601 Mira Loma Drive, generally located at the northeast corner of
Mira Loma Drive and Rancho Vista Road (as shown on Exhibit A, which exhibit is
attached hereto and incorporated herein as though set forth in full) from "Medium
Density Residential (M)" to "Planned Development Overlay (PDO-11 )." Additionally, the
City Council hereby adds Sections 17.22.220 through 17.22.228, inclusive, to the
Temecula Municipal Code as said sections read on Exhibit B, which exhibit is attached
hereto and incorporated herein as though set forth in full, as PDO-11 for the for the
property located at 29601 Mira Loma Drive, generally located at the northeast corner of
Mira Loma Drive and Rancho Vista Road (as shown on Exhibit A, which exhibit is
attached hereto and incorporated herein as though set forth in full).
Section 4. Severabilit\!. If any sentence, clause or phrase of this Ordinance
is for any reason held to be unconstitutional or otherwise invalid, such decision shall not
affect the validity of the remaining provisions of this ordinance. The City Council hereby
declares that the provisions of this Ordinance are severable and if for any reason a
court of competent jurisdiction shall hold any sentence, paragraph, or section of this
Ordinance to be invalid, such decision shall not affect the validity of the remaining parts
of this Ordinance.
Section 5. Notice of Adootion. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be published as required by law.
R:/Ords 2007/0rds 07-03
3
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 8th day of May, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 07-03 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 10th day of April, 2007, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 8th day of May, 2007, by the following vote:
AYES: 0
COUNCIL MEMBERS:
NOES: 0
COUNCIL MEMBERS:
ABSENT: 0
COUNCIL MEMBERS:
ABSTAIN: 0
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-03
4
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MIRA LOMA PLANNED DEVELOPMENT OVERLAY
TABLE OF CONTENTS
17 .22.220 TITLE................................................................................................................1
17.22.222 PURPOSE ........................................................................................................1
17.22.224 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE
DESIGN STANDARDS ..................................................................................................1
17.22.226 USE REGULATIONS .......................................................................................1
17.22.228 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS........................... 2
17.22.230 PROJECT SETTING ........................................................................................ 2
A. Setting and Location ............................................................................2
B. Existing Site Conditions ......................................................................3
C. Surrounding Land Uses and Development ........................................ 3
17.22.232 ARCHITECTURAL DESIGN GUIDELINES ..................................................... 3
A. Design Style .......................................................................................... 3
B. Articulation of Design Facades ...........................................................4
C. Streetscape .........................................................................................10
D. Massing and Scale.............................................................................. 1 0
E. Varied Roof Planes .............................................................................1 0
F. Garage Location and Design ............................................................. 1 0
G. Walls and Fences................................................................................ 11
H. Lighting................................................................................................12
I. Mailbox Design ...................................................................................12
17.22.234 LANDSCAPE DESIGN STANDARDS........................................................... 13
A. Landscape Elements ..........................................................................13
B. Entry Monumentation.........................................................................14
C. Private Recreation Area ..................................................................... 14
Planned Development Overlay (PDO,11)
3/8/2007
MIRA LOMA
17.22.220 TITLE
Section 17.22.220 through 17.22.234 shall be known as "PDO-11" (Mira Loma
Planned Development Overlay District). (Ord )
17.22.222 PURPOSE
The Mira Loma Planned Development Overlay District (PDO-11) is intended to
meet the medium density residential criteria contained in the Land Use Element of
the General Plan. These requirements are intended to provide regulations for the
development of attached and detached residential development including single-
family zero lot line, patio homes, duplexes, townhouses, and multi-family garden
apartments within the City.
17.22.224 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE
DESIGN STANDARDS
a) The permitted uses for the Mira Loma Planned Development Overlay District
are described in Section 17.22.226.
b) Except as modified by the provisions of section 17.22.228 the following rules
and regulations shall apply to all planning applications in this area.
1. The Citywide Design Guidelines that are in effect at the time an application
is deemed complete.
2. The approval requirements contained in the Development Code that are in
effect at the time the application is deemed complete.
3. Any other relevant rule, regulation or standard that is in effect at the time an
application is deemed complete.
17.22.226 USE REGULATIONS
The Mira Loma Planned Development Overlay district (PDO-11), located along
Mira Loma Drive and Rancho Vista Road, is intended to provide for the
development of 62 single-family detached homes on condominium lots on 7.4
acres with a proposed density of 8.4 du/ac and a maximum permitted density of
10.0 du/ac. The proposed project is comprised entirely of private residential land
uses designed to enhance housing opportunities, consider natural features,
incorporate private and common open space, private recreation, and develop a
common community theme. The project will provide housing opportunities
consistent with the City's General Plan policies in response to local market
demands and will provide for a visually pleasing environment through adoption of
supplemental performance standards that have been provided to ensure
compatibility with the adjacent neighborhoods.
Planned Development Overlay (PDO,11)
3/8/2007
Page 1 of 14
MIRA LOMA
17.22.228 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS
The residential component shall comply with the development standards set forth
in Table 17.22.228. The maximum residential density shall be 10 units per gross
acre.
Table 17.22.228
Residential Development Standards
Mira Loma Planned Development Overlay District
IResidential Development Standards I PDO-11
ILOT AREA
IMinimum net lot area (square leet) I 2,400 sq. It
IMaximum number 01 dwelling units per gross acre I 10
ILOT DIMENSIONS
IMinimum average width I 40 It.
IMinimum lot depth I 60 It.
IBUILDING SETBACKS
IMinimum lront yard' I 5 It,
IMinimum corner side yard' I 10 It.
IMinimum interior side yard I 5 It,
IMinimum rear yard' I 10 It.
IMinimum building separation I 10 It.
IOTHER REQUIREMENTS
IMaximum height I 25 It.
IOpen space required I 20 %
IPrivate open space/per unit I 200 sq, It.
Notes:
1, Measured lrom back 01 curb,
2, Measured lrom rear 01 building to rear 01 private open space easement.
17.22.230 PROJECT SETTING
A. Setting and Location
The Mira Loma Project is comprised of 7.4 acres located on Mira Loma Drive on
the north side of Rancho Vista Road. A conservation channel runs adjacent to the
eastern boundary of the project site. Mira Loma Drive is a looped road which
borders the project from the northern boundary and continues on the west.
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MIRA LOMA
B. Existing Site Conditions
The property consists of undeveloped land on the south and a small school
(Carden Academy) on the north. The Carden Academy consists of a small asphalt
parking lot, five mobile classroom trailers, a play area and several corrugated sheet
metal storage sheds. The elevation of the property is lower than surrounding
Rancho Vista Road and Mira Loma Drive.
c. Surrounding land Uses and Development
A conservation channel runs along the eastern edge of the project. Vail
Elementary School is located along the south east portion of the channel. The
north east edge is bordered by single family housing (Low-Medium Density).
Located on the north and west of the project site are apartment dwellings (Medium
Density).
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17.22.232 ARCHITECTURAL DESIGN GUIDELINES
A. Design style
The architecture for the project site shall comply with the City's Municipal Code
requirements contained in Section 17.06.070.C (Single Family Detached
Residential Developments). The purpose of residential architectural guidelines is
to provide guidance for the development of the Mira Loma Project Site. The
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MIRA LOMA
architectural style for the project has not been finalized therefore these design
guidelines detail an eclectic mix of architectural styles.
The design criteria and architectural style is not meant to be restrictive, but rather
to encourage a higher level of design direction and quality.
Site Plan elements that shall be considered to produce a great neighborhood
include:
. Street trees
. Pedestrian connectivity
. Variable lot setbacks
Architectural elements/concepts that shall be considered to create a quality
neighborhood include:
. Architecture forward
. Varied garage placement
. 3600 Architecture
. Varied roof heights and pitches
. Color palettes and building materials that reflect the architectural style
B. Articulation of Design Facades
The building design shall incorporate 3600 architecture. The use of elements such
as overhangs, trellises, and awnings will be used to lend character to the building.
Photos and drawings
are for illustration only.
Architectural elements that add interest and character, such as porches, balconies,
and recessed windows shall be provided.
High quality materials shall be used to create a look of permanence within the
project. Variations in color and material will be used in order to create interest and
reduce a monotonous appearance.
Color palettes will be selected per styles. Colors chosen for trim, windows, doors,
and architectural elements will complement the siding and material choices.
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MIRA LOMA
Fixtures and finishes will be selected for their contribution to the overall theme of
the development.
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Photos and drawings are for illustration only.
The builder and the architectural style for this project have not been determined.
Possible architectural styles include, but are not limited to the following:
. American Farmhouse
. Craftsman
. Cottage
. Italianate/Mediterranean
Note: The drawings used to demonstrate a style are meant to be inspirational and not to
be construed as a rigid formula for design.
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MIRA LOMA
AMERICAN FARMHOUSE
STYLE ELEMENTS:
. Simple plan form massing and simple roof design
. Porches with simple wood columns
. Porches with wood railings
. Front to back main gable roof
. 12" overhangs
. Architectural quality wood or asphalt shingles or smooth flat concrete tiles
. Stucco or blended siding and stucco
. Vertical multi-paned windows at front elevations
. Carriage style or similar garage doors
. \I'v11ite vinyl wrapped
aluminum windows
. Garage door pattems
complimentary to style
. Wood window and door trim
. \I'v11ite or dark color accent
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MIRA LOMA
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STYLE ELEMENTS:
. Main roof hip or gable with intersecting gable roofs
. 0" to 12" overhangs
. Architectural quality wood or asphalt shingles or smooth flat concrete tiles
. Vertical shaped windows with simple wood trim at front elevation and high
visibility areas
. Garage door patterns to compliment style
. Whites and earth tones
. White vinyl wrapped aluminum windows
. Entry accents with real or faux stone
. Shutters
. Dark color accents I trim (shutters)
. Garage doors carriage style or similar
. Garage door patterns complimentary to style
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MIRA LOMA
CRAFTSMAN
. 18" to 24" overhangs
. Blended siding and stucco
. Light earth tone colors
. Dark or "interest" color accent
STYLE ELEMENTS:
. Simple two story boxed massing with vertical and horizontal breaks
. Entry porches
. Architectural quality asphalt shingles or flat concrete tiles
. Basic gable roof side to side or front to back with cross gables
. Arts and crafts style lighting fixtures
. Garage doors carriage style or similar
. Garage door patterns complimentary to style
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MIRA LOMA
IT ALlANAN TE/MEDITERRAN EAN
STYLE ELEMENTS:
. "8" shaped concrete tiles
. 24" overhangs, stucco
soffits
. Arched top accent window
. Tapered round or square
simple stucco columns
. Shutters
. Entry Porch
. Mid value saturated colors
. Garage doors carriage
style or similar
. Garage door patterns
complimentary to style
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MIRA LOMA
C. Streetscape
The residential streetscape shall be designed in a manner to create a visually
interesting street frontage. A variety of building designs and model types shall be
used to avoid a monotonous appearance along the streetscape. Placement of the
different models should be varied from contiguous lots and lots directly across from
each other. Following are policies to help achieve an attractive and interesting
streetscape:
a. Minimize the extent to which a garage protrudes from other portions of the
house by placing a second story over the garage.
b. Vary garage door treatments with different design details or by using a
combination of single- and two-door garages.
c. Use substantially different fayade designs throughout the development
which will include a variety of complementary but contrasting colors, varied
entry treatments, varied building heights, and variety of design details and
building forms.
D. Massing and Scale
Box like design shall be avoided by using variations in the building footprint.
The use of a variety of shapes and forms including architectural projections, such
as roof overhangs or stepped facades which provide contrast with vertical walls,
and chimneys shall be used to avoid box-like design. Excessive mass and bulk of
the roof area shall be broken up into smaller areas that reduce the apparent scale
of the house and provide visual interest. This shall be accomplished by varying the
height portions of the roof, varying the orientation of the roof, and by using gables,
or hip roofs.
E. Varied Roof Planes
Varying roof forms/changes in roof plane shall be used to minimize a flat,
repetitious plane. Multiple rooflines can be used to create a visually appealing
silhouette and will be considered when the building elevations are visible from a
public street.
F. Garage Location and Design
Garages will not have the primary focus from the street. The yard space and the
home should be emphasized. Suggestions for garage placement are as follows:
a) Garage Location
. Setting the garage back from the face of the house in relationship to
reduce the overall visual mass.
. Setting the garage back to the middle or rear of the lot.
. The use of side entry garages
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MIRA LOMA
b) Garage Design
. All garage doors shall be carriage style or similar.
. Garage doors shall be consistent with the architectural style of the
home.
The ratio of garage frontage to the width of the house should not be greater than
50%.
G. Walls and Fences
Decorative walls, yard walls, and fencing should be designed to integrate with the
architectural style of the buildings as well as the landscape design. Materials and
finishes will complement the project's overall theme.
. Fences and walls will be minimized along public and private street right-of-
way.
. Walls will be stepped to follow the terrain.
. Use landscaping to help soften the visual impact of walls. Landscape
materials will compliment the project architectural theme.
1. Fence and Wall Materials and Colors
. Stone veneer, masonry, brick, block and wrought iron combination are
acceptable.
. Wood fence materials should be of the quality to stain. Vinyl fencing is
acceptable.
. Walls may be covered with stucco. Stone surfaces may remain natural and
unpainted.
. Vinyl fencing can be used for perimeter and interior conditions.
. Wood fences shall be stained to help prevent rotting and weathering.
. Materials, colors and textures shall be varied to create interest and relieve
visual monotony.
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MIRA LOMA
. Barbed wire, wire, electrically charged fences, corrugated metal. chain link
and grapestake fencing is prohibited.
H. Lighting
. Lighting shall be consistent with the Mount Palomar Lighting Ordinance.
The lighting should not be so intense that it calls attention to the project
site. Timers and sensors shall be used to avoid unnecessary lighting.
. Lighting should be low-voltage/high efficiency whenever possible.
. Flashing, moving, high intensity or exposed light source type luminaries are
not permitted.
. Exterior lighting design shall address the issue of security. Parking areas,
walkways, and building entrances should be well lit for security and safety.
. Exterior lighting should have a variation of fixtures and illumination levels to
define the organization of streets, walkways, and community facilities.
. Neon and similar types of lighting are prohibited per Mount Palomar
Lighting Ordinance.
I. Mailbox Design
. Pedestrian light poles along sidewalks or
pathways shall be between 12' and 15' high
. Fixtures will be selected that compliment the
architectural styles
Common mailboxes shall have enclosures designed similar or complimentary in
material and color to the homes within the project.
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17.22.234 LANDSCAPE DESIGN STANDARDS
A. Landscape Elements
Landscaping of the project shall conform with Section 17.06.060 (Residential
Districts, Landscape Standards) of the City's Municipal Code. Landscape plans
shall be required as part of the Development Plan for the project and shall include
the following:
1. The landscape design of the project consists of a combination of
ornamental plant materials and use of drought-tolerant plant materials.
2. Streetscape landscape for the major streets, Mira Loma Drive and Rancho
Vista Road shall be planted with minimum 24"box specimen size street
trees spaced at 20'-0" o.c. spacing (maximum) with combination of 15
gallon and 5 gallon shrubs and ground cover. Fifteen-gallon hedge shrubs
will be spaced to adequately provide fence type screening along the public
right-of-way line. Flowering ground cover will be provided to fill any voids in
the streetscape landscape.
3. Project entry at "D" Street shall include project entry wall to match
architectural style of the project as well as 48" box specimen trees,
minimum size evergreen flowering variety and combination of 15 gallon, 5
gallon, and 1 gallon shrubs in a interesting design pattern to provide visual
interest at the entry.
4. Common Area slope shall be provided with landscape with an appropriate
trees, shrubs, and ground cover to provide erosion control purpose to meet
the requirements of City's Municipal Code. All slope banks greater than or
equal to 3:1 shall, at a minimum, be irrigated and landscaped with
appropriate plant materials for erosion control and to soften their
appearance as follows:
1. One fifteen gallon or larger tree per each six hundred square feet of
slope area;
2. Five gallon or larger shrub for each one hundred square feet of slope
area;
3. Appropriate ground cover, minimum spacing of 12" on center from flat
size container.
4. Slope banks in excess of eight feet in vertical height with slopes greater
or equal to 2:1 shall also provide one five-gallon or larger tree per each
one thousand square feet of slope area in addition to the requirements
of subsection of this section.
5. Common front yard landscape shall be developed to provide community
landscape theme and landscape character for the project. All common
front yards will have automatic irrigation system maintained by the
Homeowners Association. Appropriate ornamental and drought tolerant
plant materials shall be used as follows:
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MIRA LOMA
a) One - 24"box specimen street tree per unit and an additional two trees
at street corners.
b) Five gallon shrubs for building foundation planting and along the fence
Line,
c) Five gallon shrubs as needed for accent color and mass planting,
d) Sodded turf and ground covers as needed,
All Common Landscape areas shall be landscaped per the above standards and
Maintained by the Homeowners Association for the proposed project.
B. Entry Monumentation
The project entry and site amenities will complement one another and reflect the
overall architectural theme of the project. The use of pilasters, special paving
treatments, and landscaping will be used to create an easily identifiable entry way,
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C. Private Recreation Area
The Recreational Center shall be an active use facility to provide a family
oriented center including the development of a child tot lot with a special play
equipment structure, The center shall include a recreational pool with
generous pool activity areas for social functions, A minimum 20 percent of the
recreation area shall be landscaped with a combination of trees, shrubs, and
ground cover.
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I.
ITEM NO. 12
I
I
ORDINANCE 07 -04
AN ORDINANCE OF THE CITY OF TEMECULA
PROHIBITING SMOKING IN AND AROUND MULTI-UNIT
RESIDENCES AND ADDING CHAPTER 30 TO TITLE 17
OF THE TEMECULA MUNICIPAL CODE REGULATING
SMOKING IN MULTI-UNIT RESIDENCES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The Temecula Municipal Code is amended by the addition of a new
Chapter 30 to Title 17 thereto to read as follows:
"CHAPTER 17.30 SMOKING IN MULTI-UNIT RESIDENCES
17.30.010. Findings and Intent
The City Council finds, determines, and declares that:
A. Tobacco use and exposure to secondhand smoke cause death and
disease and impose great social and economic costs; and
B. More than 440,000 people die in the United States from tobacco-related
diseases every year, making it the nation's leading cause of preventable death; and
C. The World Health Organization estimates that by 2030, tobacco will
account for 10 million deaths per year, making it the greatest cause of death worldwide;
and
D. The United States Environmental Protection Agency has found
secondhand smoke to be a risk to public health and has classified secondhand smoke
as a group A carcinogen, the most dangerous class of carcinogen; and
E. Secondhand smoke is responsible for an estimated 38,000 deaths among
non-smokers each year in the United States, which includes 3,000 lung cancer deaths
and 35,000 deaths due to heart disease; and
F. 87.9% of non-smokers showed detectable levels of cotinine (a metabolite
of nicotine) in their blood, the most likely source of which is secondhand smoke
exposure; and
G. Secondhand smoke exposure adversely affects fetal growth with elevated
risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants
of mothers who smoke; and
H. Secondhand smoke exposure causes as many as 300,000 children in the
United States under the age of 18 months to suffer lower respiratory tract infections,
R:/Ords 2007/0rds 07-04
such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the
risk of acute, chronic, middle-ear infections in children; and
I. The total cost of smoking in California was estimated as $475 per resident
or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs
in 1999 alone; and
J. Cigarettes, cigars, pipes and other smoking materials are the leading
cause of fire deaths in the United States, causing an estimated 31,200 structure fires
and 830 deaths in 2001; and
K. Most Californians do not smoke and a majority favor limitations on
smoking in multi-unit residences, as evidenced by the facts that 84% of Californians are
non-smokers; 70% of Californians surveyed approve of apartment complexes requiring
at least half of rental units be non-smoking; and 67% of Californians surveyed favor
limiting smoking in outdoor common areas of apartment buildings; and
L. Secondhand smoke can seep under doorways and through wall cracks;
and
M. There is no Constitutional right to smoke; and
N. State law prohibits smoking in virtually all indoor places of employment
reflecting the state policy to protect against the dangers of exposure to secondhand
smoke; and
O. California law declares that anything that is injurious to health or obstructs
the free use of property so as to interfere with the comfortable enjoyment of life or
property is an nuisance; and
P. Local governments have broad latitude to declare nuisances and are not
constrained by prior definitions of nuisance; and
Q. It is the intent of the City Council of the City of Temecula in enacting this
ordinance, to provide for the public health, safety, and welfare by discouraging the
inherently dangerous behavior of smoking around non-tobacco users; by protecting
children from exposure to smoking where they live and play; and by protecting the
public from nonconsensual exposure to secondhand smoke in and around their homes;
and
R. It is the intent of the City Council of the City of Temecula to supplement
applicable state and federal laws pertaining to smoking and not to duplicate, contradict,
or frustrate such laws. This Ordinance shall be construed consistently with that
intention.
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2
17.30.020. Definitions
For the purposes of this Chapter the following definitions shall govern unless the
context clearly requires otherwise:
A. "Landlord" means any Person who owns real property that is leased as
residential property, lets residential property, or manages such property, except that
"Landlord" does not include sublessors;
B. "Multi-Unit Residence" means a Premises leased as residential property
and that contains two (2) or more Units, none of which are occupied by a Landlord of
the Premises;
C. "Multi-Unit Residence Common Area" means any indoor or outdoor area
of a Multi-Unit Residence accessible to and usable by residents of different Units;
including but not limited to halls and paths, lobbies, laundry rooms, common cooking
areas, outdoor eating areas, play areas, swimming pools, and parking areas;
D.
corporation,
entity;
"Person" means any natural person, partnership, cooperative association,
personal representative, receiver, trustee, assignee, or any other legal
E. "Premises" means a piece of land and any improvements thereon such as
is usually described in a deed, deed of trust or mortgage, and includes legally separate
but contiguous pieces of land that are owned by the same natural Person or by legal
Persons under common control;
F. "Reasonable Distance" means a distance of at least twenty-five (25) feet
in any direction from an area in which smoking is prohibited. This distance should be
reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking
areas;
G. "Smoking" or to "Smoke" means holding or possessing a lighted tobacco
product or paraphernalia (including but not limited to, a lighted pipe, lighted hookah
pipe, lighted cigar, or lighted cigarette of any kind), or any other lighted weed or plant
the smoke of which is commonly inhaled, or the lighting of a tobacco product, tobacco
paraphernalia, or any other weed or plant the smoke of which is commonly inhaled;
H. "Unit" means either a dwelling space consisting of essentially complete
independent living facilities for one or more persons, including, for example, permanent
provisions for living and sleeping, and any private outdoor spaces like balconies and
patios; or senior citizen housing and single room occupancy hotels, as defined in
California Health and Safety Code section 50519(b)(1), even where lacking private
cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel
or motel that meets the requirements set forth in California Civil Code section
1940(b)(2).
R:/Ords 2007/0rds 07-04
3
17.30.030. No-Smoking Common Areas, Designated Smoking Areas
A. Smoking is prohibited in all Multi-Unit Residence Common Areas except
that a Landlord may designate a portion of the outdoor area of Premises as a Smoking
area as provided in this Section;
B. Designated Smoking areas:
1. Shall be located a Reasonable Distance from any indoor area
where Smoking is prohibited;
2. Shall not include, and must be a Reasonable Distance from,
outdoor areas primarily used by children including, but not limited to, areas improved or
designated for play or swimming;
3. Shall be no more than twenty-five (25) percent of the total outdoor
area of the Premises for which it is designated;
4. Shall have a perimeter that is clearly marked with conspicuous
signs;
5. Shall not overlap with any area in which Smoking is otherwise
prohibited by this Chapter or other provisions of this Code, state law, or federal law.
17.30.040. Smoke-Free Buffer Zones
Smoking is prohibited on the Premises of a Multi-Unit Residence within a
Reasonable Distance of any entrance, opening, or other vent into an enclosed area of a
Multi-Unit Residence in which Smoking is prohibited by this Chapter, other provisions of
this Code, state law, or federal law. For example, and without limitation, Smoking on
balconies, porches, or patios within a Reasonable Distance of a window or door of a
non-smoking Unit is prohibited. This provision does not apply inside a designated
Smoking Unit pursuant to Section 17.30.040 of this Chapter.
17.30.050. Non-Smoking Units Required in Multi-Unit Residences
A. New Multi-Unit Residences
In every Multi-Unit Residence first occupied by a resident or tenant more than six
(6) months after the effective date of this Chapter and containing ten (10) or more Units,
at least twenty-five (25) percent of the Units (including private outdoor spaces
associated with such Units, such as balconies, patios and decks), shall be designated
as non-smoking Units. Notwithstanding this requirement, the Landlord may choose to
designate all Units as non-smoking. Landlords shall submit to the City a floor plan
identifying the relative position of Smoking and non-smoking Units as well as the
location of any designated Smoking Areas within six (6) months of the effective date of
this Chapter. Non-smoking Units must be grouped together (e.g., horizontally and/or
vertically) and physically separated from Smoking Units to the maximum extent
R:/Ords 2007/0rds 07-04
4
practicable. If a Multi-Unit Residence is comprised of multiple buildings, then non-
smoking Units shall be located together in a separate building to the maximum extent
practicable.
B. Existing Multi-Unit Residences
1. In every Multi-Unit Residence currently and previously occupied on
the effective date of this Chapter, not subject to Section 17.30.050(A), and containing
ten (10) or more Units, at least twenty-five (25) percent of the Units (including private
outdoor spaces associated with such Units, such as balconies, patios, and decks), must
be designated as non-smoking Units within five (5) years of the effective date of this
Chapter. Notwithstanding this requirement, the Landlord may choose to designate all
Units as non-smoking. Landlords shall submit to the City a floor plan identifying the
relative position of Smoking and non-smoking Units as well as the location of any
designated Smoking Areas within one (1) year of the effective date of this Chapter.
Non-smoking Units must be grouped together (e.g., horizontally and/or vertically) and
physically separated from Smoking Units to the maximum extent practicable. If a Multi-
Unit Residence is comprised of multiple buildings, then non-smoking Units shall be
located together in a separate building to the maximum extent practicable.
2. A Unit designated non-smoking by action of the Landlord or by the
force of this Chapter shall not be subject to the Smoking restrictions in Section
17.30.050(B)(1) while the legal tenant(s) in occupancy on the effective date of this
Chapter continuously lease(s) the Unit.
3. A Landlord of any Multi-Unit Residence not dedicated to senior
citizen housing may apply for up to three (3) extensions of the time to comply with the
requirement in Section 17.30.050(B)(1) that the at least twenty-five (25) percent of the
Units be designated as non-smoking Units. Each extension shall be for no more than
one (1) year. Application for an extension shall be made before the expiration of the
time to comply and shall be granted if reasonably necessary to obtain compliance with
Section 17.30.050(B)(1).
C. Smoking is prohibited in non-smoking Units in Multi-Unit Residences.
17.30.060. Disclosure of Non-Smoking Units By Landlord
Every Landlord shall maintain a current list of designated non-smoking Units and
a floor plan identifying the relative position of Smoking and non-smoking Units as well
as the location of any designated Smoking Areas. The Landlord shall provide a copy of
the current list and the floor plan to the City and to every tenant.
17.30.070. Prohibitions And Duties Generally
A. No Person shall Smoke or knowingly permit Smoking in an area of the
Premises under his or her legal or de facto control in which Smoking is prohibited by a
lease or agreement term, by this Chapter, this Code, or any other state or federal law
R:/Ords 2007/0rds 07-04
5
provided, however, that this prohibition does not apply to a Person who is already
compelled to act under state or federal law.
B. No Person shall knowingly permit the presence or placement of ash trays,
cans, or other receptacles within Multi-Unit Residence Common Areas under his or her
legal or de facto control in which Smoking is prohibited by this Chapter, this Code, or
any other state or federal law, including, for example and without limitation, within a
Reasonable Distance of any non-smoking area.
C. "No Smoking" signs, with letters of no less than one inch in height or the
international "No Smoking" symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle crossed by a red bar) shall be clearly and
conspicuously posted and maintained by the Landlord in every place on the Premises in
which Smoking is prohibited by this Chapter or by the Landlord, except that signs are
not required inside Units. Signs must be sufficient to make areas where Smoking is
prohibited obvious to a reasonable person.
17.30.080. Medical Marijuana
Notwithstanding any other provision of this Chapter, Smoking marijuana for
medical purposes as permitted by California Health and Safety Code sections 11362.7
et seq in any Unit of a Multi-Unit Residence is not prohibited by this Chapter.
Notwithstanding the forgoing, such use of marijuana may be prohibited by other
provisions of this Code, state law, or federal law.
17.30.090. Enforcement
The remedies provided by this Chapter are cumulative and in addition to any
other remedies available at law or in equity.
A. Violations of this Chapter are subject to penalty pursuant to Chapters 1.21
and 1.24 of the Temecula Municipal Code.
B. No Person shall intimidate, harass, or otherwise retaliate against any
Person who seeks to attain compliance with this Chapter. Moreover, no Person shall
intentionally or recklessly expose another Person to secondhand smoke in response to
that Person's effort to achieve compliance with this Chapter.
C. Causing, permitting, aiding, abetting, or concealing a violation of any
provision of this Chapter is prohibited.
D. A violation of this Chapter is hereby declared to be a public nuisance.
E. In addition to other remedies provided by this Chapter or otherwise
available at law or in equity, any violation of this Chapter may be remedied by a civil
action brought by the City, including, without limitation, administrative or judicial
nuisance abatement proceedings, civil or criminal code enforcement proceedings, and
suits for injunctive relief."
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6
Section 2. Environmental Findings. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section
15061 (b)(3) because it can be seen with certainty that there is no possibility that the
Ordinance will have a significant effect on the environment. The Ordinance will have no
adverse environmental affects because it will reduce the public's exposure to the
harmful effects of second-hand smoke.
Section 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of
the City of Temecula hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of
the fact that anyone or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 4. The City Clerk is directed to certify to the passage and adoption of
this ordinance and to cause this ordinance to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 8th day of May, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
R:/Ords 2007/0rds 07-04
7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify
that the foregoing Ordinance No. 07-04 was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Temecula on the 24th day of April,
2007, and that thereafter, said Ordinance was duly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 8th day of May, 2007, by the following
vote:
AYES:
NOES;
ABSENT:
ABSTAIN:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Susan W. Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-04
8
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ITEM NO. 13
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ORDINANCE 07 -05
AN ORDINANCE OF THE CITY OF TEMECULA
PROHIBITING SMOKING IN PUBLIC PLACES, PLACES
OF EMPLOYMENT, AND CERTAIN OTHER LOCATIONS
AND ADDING CHAPTER 36 TO TITLE 8 OF THE
TEMECULA MUNICIPAL CODE REGULATING SMOKING
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The Temecula Municipal Code is amended by the addition of a
new Chapter 36 to Title 8 thereto to read as follows:
"CHAPTER 8.36 SMOKING IN PUBLIC PLACES
8.36.010.
Findings and Intent
The City Council finds, determines, and declares that:
A. Tobacco use and exposure to secondhand smoke cause death and
disease and impose great social and economic costs; and
B. More than 440,000 people die in the United States from tobacco-related
diseases every year, making it the nation's leading cause of preventable death; and
C. The World Health Organization estimates that by 2030, tobacco will
account for 10 million deaths per year, making it the greatest cause of death worldwide;
and
D. The United States Environmental Protection Agency has found
secondhand smoke to be a risk to public health and has classified secondhand smoke
as a group A carcinogen, the most dangerous class of carcinogen; and
E. Secondhand smoke is responsible for an estimated 38,000 deaths among
non-smokers each year in the United States, which includes 3,000 lung cancer deaths
and 35,000 deaths due to heart disease; and
F. 87.9% of non-smokers showed detectable levels of cotinine (a metabolite
of nicotine) in their blood, the most likely source of which is secondhand smoke
exposure; and
G. Secondhand smoke exposure adversely affects fetal growth with elevated
risk of low birth weight and increased risk of Sudden Infant Death Syndrome in infants
of mothers who smoke; and
H. Secondhand smoke exposure causes as many as 300,000 children in the
United States under the age of 18 months to suffer lower respiratory tract infections,
C:\WI N OOWSlapsdoclnettemp\968\$ASQpdf841795, DOC
such as pneumonia and bronchitis; exacerbates childhood asthma; and increases the
risk of acute, chronic, middle-ear infections in children; and
I. The total cost of smoking in California was estimated as $475 per resident
or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs
in 1999 alone; and
J. Cigarettes, cigars, pipes and other smoking materials are the leading
cause of fire deaths in the United States, causing an estimated 31,200 structure fires
and 830 deaths in 2001; and
K. 84% of Californians are non-smokers; and
L. There is no Constitutional right to smoke; and
M. State law prohibits smoking in virtually all indoor places of employment
reflecting the state policy to protect against the dangers of exposure to secondhand
smoke; and
N. California law declares that anything that is injurious to health or obstructs
the free use of property so as to interfere with the comfortable enjoyment of life or
property is an nuisance; and
O. Local governments have broad latitude to declare nuisances and are not
constrained by prior definitions of nuisance; and
P. It is the intent of the City Council of the City of Temecula in enacting this
Chapter, to provide for the public health, safety, and welfare by discouraging the
inherently dangerous behavior of smoking around non-tobacco users; by protecting
children from exposure to smoking where they live and play; and by protecting the
public from nonconsensual exposure to secondhand smoke in and around their homes;
and
Q. It is the intent of the City Council of the City of Temecula to supplement
applicable state and federal laws pertaining to smoking and not to duplicate, contradict,
or frustrate such laws. This Ordinance shall be construed consistently with that
intention.
8.36.020.
Definitions
For the purposes of this Chapter the following definitions shall govern unless the
context clearly requires otherwise:
"Business" means any sole proprietorship, partnership, joint venture, corporation,
association, or other entity formed for profit-making purposes or that has an Employee,
as defined in this Section.
R:/Ords 2007/0rds 07-05
2
"Dining Area" means any area available to or customarily used by the general
public that is designed, established, or regularly used for consuming food or drink.
"Employee" means any person who is employed; retained as an independent
contractor by any Employer, as defined in this section; or any person who volunteers his
or her services for an Employer, association, nonprofit, or volunteer entity.
"Employer" means any person, partnership, corporation, association, nonprofit or
other entity who employs or retains the service of one or more persons, or supervises
volunteers.
"Enclosed" means:
1. Any covered or partially covered space having more than 50% of its
perimeter area walled in or otherwise closed to the outside such as, for example, a
covered porch with more than two walls; or
2. Any space open to the sky (hereinafter "uncovered") having more than
75% of its perimeter area walled in or otherwise closed to the outside such as, for
example, a courtyard; except that an uncovered space of three thousand (3000) square
feet or more is not Enclosed, such as, for example, a field in an open-air arena.
"Nonprofit Entity" means any entity that meets the requirements of Section 5003
of the California Corporations Code as well as any corporation, unincorporated
association, or other entity created for charitable, religious, philanthropic, educational,
political, social, or similar purposes, the net proceeds of which are committed to the
promotion of the objectives or purposes of the entity and not to private gain. A public
agency is not a nonprofit entity within the meaning of this section.
"Park" means any community park, neighborhood park, special use, or any other
recreational facility maintained by the City of Temecula.
"Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity.
"Place of Employment" means any area under the legal or de facto control of an
Employer, Business, or Nonprofit Entity that an Employee or the general public may
have cause to enter in the normal course of operations, but regardless of the hours of
operation; including, for example, indoor and outdoor work areas, construction sites,
taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities,
long-term health facilities, and warehouses.
"Playground" means any park or recreational area designed in part to be used by
children that has play or sports equipment installed or has been designated or
landscaped for play or sports activities, or any similar facility located on public or private
school grounds, or on City grounds.
R:/Ords 2007/0rds 07-05
3
"Public Place" means any place, public or private, open to the general public
regardless of any fee or age requirement; including, for example, bars, restaurants,
clubs, stores, stadiums, parks, playgrounds, taxis, and buses.
"Reasonable Distance" means a distance of at least twenty-five (25) feet in any
direction from an area in which smoking is prohibited. This distance should be
reasonably sufficient to make it unlikely that secondhand smoke will enter non-smoking
areas.
"Recreational Area" means any area, public or private, open to the public for
recreational purposes regardless of any fee requirement, including, for example, parks,
gardens, sporting facilities, stadiums, and playgrounds.
"Service Area" means any area designed to be or regularly used by one or more
persons to receive or wait to receive a service, enter a public place, or make a
transaction whether or not such service includes the exchange of money; including, for
example, automated teller machines ("ATMs"), bank teller windows, telephones, ticket
lines, bus stops, and cab stands.
"Significant Tobacco Retailer" means any tobacco retailer that derives seventy-
five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco
products and tobacco paraphernalia.
"Smoking" or to "Smoke" means holding or possessing a lighted tobacco product
or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted
cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of
which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia,
or any other weed or plant the smoke of which is commonly inhaled.
8.36.030. Prohibition of Smoking in Public Places, Places of Employment,
and Other Areas
A. Enclosed Places. Smoking is prohibited in the following Enclosed places
except in places listed in subsection 8.36.030(0) below, and except in such places in
which smoking is already prohibited by state or federal law:
1. Public Places;
2. Places of Employment;
3. Enclosed areas that are adjacent to an Enclosed area in which
smoking is prohibited by any other provision of this Chapter, state law, or federal law
and have a common or shared air space; such as, without limitation, openings, cracks,
air ventilation systems, doorways, hallways, and stairways. For these purposes, the
fact that smoke enters one Enclosed area from another Enclosed area is conclusive
proof that the areas share a common or shared air space;
R:/Ords 2007/0rds 07-05
4
4. Enclosed areas that have common or shared ventilation, air
conditioning, or heating system with an Enclosed area in which smoking is prohibited.
Notwithstanding any other provision, the fact that smoke enters one Enclosed area from
another Enclosed area is conclusive proof that the areas share a common or shared air
space.
B. Unenclosed Places. Smoking is prohibited in the following Unenclosed
places except in such places in which smoking is already prohibited by state or federal
law in which case the state or federal law applies:
1. Places of Employment;
2. Service Areas;
3. Dining Areas;
4. Parks, Playgrounds, and Recreational areas;
5. Ticket, boarding, and waiting areas of transit depots; and
6. The sites of public events including, for example, sports events,
entertainment, speaking performances, ceremonies, pageants, and fairs, provided
however that this prohibition shall not prevent the establishment of a separate,
designated smoking area set apart from and no larger than the primary event area.
C. Unless otherwise prohibited by law, smoking is permitted in the following
Enclosed places:
1. Significant tobacco retailers, if minors are prohibited at all times
from entering the store.
2. By performers during theatrical productions, if smoking is a part of
the theatrical production;
3. Private residential property, except when designated as non-
smoking under Chapter 30 of Title 17 of this Code or used as a childcare or health care
facility subject to licensing requirements and children, patients, or Employees are
present;
4. Up to twenty-five percent (25%) of hotel and motel guest rooms, if
the hotel or motel permanently designates particular guest rooms as nonsmoking rooms
such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays
and matches are permanently removed from such nonsmoking rooms. Permanent "no
smoking" signage shall be posted in nonsmoking rooms.
R:/Ords 2007/0rds 07-05
5
8.36.040.
Reasonable Smoking Distance Required
A. Smoking is prohibited in all Unenclosed areas within a Reasonable
Distance of:
1. Any entrance, opening, crack, or vent into an Enclosed area in
which smoking is prohibited, except while the person smoking is actively passing on the
way to another destination and so long as smoke does not enter any Enclosed area in
which smoking is prohibited.
2. Any Unenclosed area in which smoking is prohibited under
subdivision (B) of Section 8.36.030 of this Chapter except while the person smoking is
actively passing on the way to another destination.
B. The prohibitions in subdivisions (A) of this Section shall not apply to areas
of private property that are not part of a Place of Employment or Public Place.
8.36.050.
Prohibitions and Duties Generally
A. No person, Employer, Business, or Nonprofit Entity shall knowingly permit
the Smoking of Tobacco Products in an area which is under the legal or de facto control
of the person, Employer, Business, or Nonprofit Entity and in which smoking is
prohibited by this Chapter.
B. No person, Employer, Business, or Nonprofit Entity shall knowingly or
intentionally permit the presence or placement of ash receptacles, such as, for example,
ash trays or ash cans, within an area which is under the legal or de facto control of the
person, Employer, Business, or Nonprofit Entity and in which smoking is prohibited,
including, without limitation, inside the perimeter of any Reasonable Distance required
by this Chapter.
C. Notwithstanding any other provision of this Chapter, any owner, landlord,
Employer, Business, Nonprofit Entity, or other person who controls any property,
establishment, or Place of Employment regulated by this Chapter may declare any part
of such area in which smoking would otherwise be permitted to be a nonsmoking area.
D. "No Smoking" or "Smoke Free" signs, with letters of no less than one inch
in height or the international "No Smoking" symbol (consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with a red bar across it)
shall be clearly, sufficiently and conspicuously posted in every Enclosed and
Unenclosed place in which Smoking is prohibited by this Chapter, by the person,
Employer, Business, or Nonprofit Entity that has legal or de facto control of such place.
For purposes of this chapter, the City Manager or designee shall be responsible for the
posting of signs in regulated facilities owned or leased in part by the City.
Notwithstanding this provision, the presence or absence of signs shall not be a defense
to the violation of any other provision of this Chapter.
R:/Ords 2007/0rds 07-05
6
8.36.060.
Enforcement
The remedies provided by this Chapter are cumulative and in addition to any
other remedies available at law or in equity.
A. Violations of this Chapter are subject to penalty pursuant to Chapters 1.21
and 1.24 of the Temecula Municipal Code.
B. No Person shall intimidate, harass, or otherwise retaliate against any
Person who seeks to attain compliance with this Chapter. Moreover, no Person shall
intentionally or recklessly expose another Person to secondhand smoke in response to
that Person's effort to achieve compliance with this Chapter.
C. Causing, permitting, aiding, abetting, or concealing a violation of any
provision of this Chapter is prohibited.
D. A violation of this Chapter is hereby declared to be a public nuisance.
E. In addition to other remedies provided by this Chapter or otherwise
available at law or in equity, any violation of this Chapter may be remedied by a civil
action brought by the City, including, without limitation, administrative or judicial
nuisance abatement proceedings, civil or criminal code enforcement proceedings, and
suits for injunctive relief.
Section 2. Environmental Findina. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA"). To the extent that the Ordinance applies to Places of Employment, it
regulates working conditions by ensuring that employees and volunteers are not
exposed to the harmful effects of second-hand smoke and is therefore categorically
exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section
15324(c). The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14
of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with
certainty that there is no possibility that the Ordinance may have a significant effect on
the environment. The Ordinance will have no adverse environmental affects because it
will reduce the public's exposure to the harmful effects of second-hand smoke.
R:/Ords 2007/0rds 07-05
7
Section 3. Severabilitv. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of
the City of Temecula hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of
the fact that anyone or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 4. The City Clerk shall certify the passage and adoption of this
ordinance and to cause this ordinance to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 8th day of May, 2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
R:/Ords 2007/0rds 07-05
8
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify
that the foregoing Ordinance No. 07-05 was duly introduced and placed upon its first
reading at a meeting of the City Council of the City of Temecula on the 24th day of April,
2007, and that thereafter, said Ordinance was duly adopted by the City Council of the
City of Temecula at a meeting thereof held on the 8th day of May, 2007, by the following
vote:
AYES:
NOES;
ABSENT:
ABSTAIN:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Susan W. Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-05
9
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ITEM NO. 14
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ORDINANCE NO. 07-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTIONS 3.32.010 AND
3.32.050 OF THE TEMECULA MUNICIPAL CODE
REGARDING THE CONSTRUCTION ON PUBLIC
PROJECTS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 3.32.010 (Construction on public projects) of the Temecula
Municipal Code is hereby amended to read as follows:
"3.32.010 Construction on public projects.
The provisions of this chapter shall apply to the construction on public
projects not more than one hundred twenty-five thousand dollars
($125,000). Public projects of thirty thousand dollars ($30,000) or less
may be performed by city employees by force account, by negotiated
contract or by purchase order. Public projects of one hundred twenty-five
thousand dollars ($125,000) or less may be let to contract by informal
procedures as set forth in this chapter."
Section 2. Section 3.32.050 (Delegation of authority to award informal
contracts) of the Temecula Municipal Code is hereby amended to read as follows:
"3.32.050 Delegation of authority to award informal contracts.
The city manager is authorized to award bids and enter into informal
construction contracts pursuant to this chapter where the amount of such
contract does not exceed thirty thousand dollars ($30,000), or such other
amount as the council may designate by resolution; provided there exists
an unencumbered appropriation in the fund account against which the
expense is to be charged. Where the amount of any such contract
exceeds thirty thousand dollars ($30,000), or such other amount as the
council may designate by resolution, the contract shall be approved by the
city council."
Section 3. If any sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares
that it would have passed this ordinance and each sentence, clause or phrase thereof
irrespective of the fact that anyone or more sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and
cause it to be published in the manner required by law.
R:/Ords 2007/0rds 07-06
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 24th day of April ,2007.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 07-06 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 24th day of April 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 8th day of May, 2007, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-06
2
TEMECULA COMMUNITY
SERVICES DISTRICT
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ITEM NO. 15
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MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
APRIL 24,2007
A regular meeting of the City of Temecula Community Services District was called to order at
7:33 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington
Comerchero
ABSENT:
o
DIRECTORS:
None.
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
11 Minutes
RECOMMENDATION:
11 .1 Approve the minutes of April 1 0, 2007.
12 TCSD Pro Dosed Rates and Charaes for FY 2007-2008
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 07 -03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA
ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE
PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2007-2008 AND
SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION
THEREWITH
R:\Minutes\042407
13 First Amendment to the Too Dawa Termite Co. Maintenance Services Contract
RECOMMENDATION:
13.1 Approve the First Amendment for $21,560 with Top Dawg Termite Co, for
elimination of drywood termites at the Community Recreation Center.
MOTION: Director Edwards moved to approve the Consent Calendar. Director Roberts
seconded the motion and electronic vote reflected unanimous aooroval.
CSD DEPARTMENTAL REPORT
14 Community Services Deoartmental Monthlv Reoort
No additional comments.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comments.
CSD GENERAL MANAGERS REPORT
No additional comments.
CSD BOARD OF DIRECTORS REPORTS
No additional comments.
CSD ADJOURNMENT
At 7:34 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, May 8, 2007, 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\042407
2
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ITEM NO. 16
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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:
William G. Hughes, Director of Public Works
DATE:
May 08, 2007
SUBJECT:
First Amendment to Professional Services Agreement for Environmental
Clearance for the Ronald Reagan Sports Park Desilting Basin -
Project No. PW05-13
PREPARED BY:
Greg Butler, Principal Engineer
William Becerra, Assistant Engineer
RECOMMENDATION:
That the Board of Directors
1. Approve the First Amendment to the agreement with Bonterra Consulting in an
amount not to exceed $25,520.00 to provide additional Environmental Services to
complete the Environmental Clearance phase of the Ronald Reagan Sports Park
Desilting Basin - Project PW05-13.
2. Advance $25,520.00 from TCSD - Citywide Fund to fund the project until such
time the Federal Emergency Management Agency (FEMA) provides funding
through its reimbursement program.
BACKGROUND: On November 14, 2006 the Board approved a consulting services
agreement with Bonterra Consulting in the amount of $67,340.00 to provide the necessary
Environmental Services necessary to obtain the resource agency permits required for the Ronald
Reagan Sports Park Desilting Basin project.
While processing the necessary permits through the regulatory agencies, Bonterra was informed by
the regulatory agencies that additional studies are necessary to confirm the presence of endangered
species. In an effort to minimize costs and keep the project moving forward staff and Bonterra
attempted to negotiate mitigation measures with the resource agencies under the assumption the
species are present rather than perform the requested studies. The resource agencies were not
receptive to this course of action and are requiring the additional studies. Staff has negotiated an
equitable scope of work and fee for this added work.
FISCAL IMPACT: This project is in the City's Capital Improvement Program, Fiscal Years
2007-2011 and is eligible to be funded with FEMA funds on a reimbursement bases. Funds will be
advanced from TCSD - Citywide Fund balance until such time as the City receives reimbursement
from FEMA. The total cost for this first amendment to the Professional Consultant Services
Agreement is $25,520.00. The total contract amount, including this first amendment, is $92,860.00.
The project contingency of $6,734, established at the time of the award of the original agreement,
will still be available to cover other smaller unforeseen extrawork items that may come up while
finalizing the environmental clearance.
ATTACHMENTS:
1. Location Map
2. Project Description
3. Bonterra Consulting Amendment
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FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
BONTERRA CONSULTING
RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL
AND
DESILTATION POND
PROJECT NO. PW05-13
THIS FIRST AMENDMENT is made and entered into as of May 8, 2007 by and between
the City of Temecula, Community Services District, a municipal corporation ("District") and
Bonterra Consulting ("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 November 14, 2006 the District and Consultant entered into that
certain agreement entitled "City of Temecula, Community Services District Agreement for
Environmental Analysis ("Agreement") in the amount of Sixty Seven Thousand Three
Hundred Forty Dollars and No Cents ($67,340.00).
B. The parties now desire to increase the payment for additional
Environmental Analysis Services in the amount of Twenty Five Thousand Five Hundred
Twenty Dollars and No Cents ($25,520.00) and amend the Agreement as set forth in this
Amendment.
2. Section 5.a Pavment of the Agreement is hereby amended to read as follows:
a. The District 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 first amendment amount shall not
exceed Twenty Five Thousand Five Hundred Twenty Dollars and No Cents
($25,520.00) for additional Environmental Analysis for a total agreement amount,
of Ninety Two Thousand Eight Hundred Sixty and No Cents ($92,860.00).
3. 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:\CIPIProjeclsIPW05-13\Agreemenls\Bonterra Amend 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
COMMUNITY SERVICES DISTRICT
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Bonterra Consulting
151 Kalmus Dr.
Costa Mesa, CA 92626
(714) 444-9199
Joan Patronite Kelly, AICP, Principal
Ann Johnston, Principal
(Two Signatures Required For Corporations)
ATTACHMENT A
RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL
AND
DESILTATION POND
PROJECT NO. PW05-13
Attached hereto and incorporated herein is the additional scope of work and associated cost as
provided by the Consultant.
APril 11 , 2007
Mr. William Becerra
Assistant Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
Subject: Revised Proposal for Additional Environmental Analysis for the Ronald
Reagan Sports Park Desiltation Project, City of Temecula, Riverside
County, California
Dear Mr. Becerra:
BonTerra Consulting appreciates the opportunity to continue to provide you with
biological consulting services for the Ronald Reagan Sports Park Desiltation
project site located in the City of Temecula, Riverside County. Based on
environmental analysis to date, and consultation with the resource agencies, we
have prepared a scope of work and fee estimate to conduct air quality modeling,
focused surveys for southwestern willow flycatcher and least Bell's vireo, and to
prepare a Determination of Biologically Equivalent or Superior Preservation
(DBESP) report, if required.
Please note that the biological tasks included in this scope were provided in the
original scope of work, but were deleted at project initiation based on the direction
provided by the City. We were able to reduce the fees for the southwestern willow
flycatcherlleast Bell's vireo survey based on the extent of the habitat on the project
site.
We are available to begin work upon verbal authorization to proceed. We look
forward to assisting you with this project. If you have any questions or need
additional information, please contact Amber Oneal at (714) 444-9199.
Respectfully submitted,
BONTERRA CONSULTING
d~~
oan Patronite Kelly, Alcf!
Principal
~,cS~
Amber S. Oneal
Project Manager/Ecologist
Attachment A - Scope of Work and Fees
R~T6fl'I&CUJ'\JOOIASOW Nr-lBV-oBESP-Q41107.doc
TASK 1
ATTACHMENT A
SCOPE OF WORK AND FEES
ADDITIONAL ENVIRONMENTAL ANALYSIS
RONALD REAGAN SPORTS PARK
April 11, 2007
AIR QUALITY ANALYSIS
$3,675.00
BonTerra Consulting will develop a peak day construction scenario and will calculate
construction emissions based on estimates of quantity demolition required, amount of graded
and excavated soil, transport of excavated soil off site, construction equipment used, and
employee vehicles traveling to and from the site. The analysis will be consistent with the most
current approved South Coast Air Quality Management District (SCAQMD) Handbook for
California Environmental Quality Act (CEQA) analysis. Based on consultation with SCAQMD
and recent project experience. BonTerra Consulting proposes to assess the localized air quality
impacts of the project. This would require an additional level of analysis consistent with
SCAQMD's localized significance thresholds (LSTs) and recommended LST methodology. It is
assumed that the City of Temecula will prOVide BonTerra Consulting with all necessary
information reqUired for this analysis. The environmental document will briefly describe existing
air quality conditions in the region and the SCAQMD-recommended thresholds of significance.
BonTerra Consulting will also propose and quantify mitigation measures for any impact found to
be significant, sufficient to reduce construction impacts to less than significant.
Deliverable: 1. This analysis will be included with the Initial Study.
Staff:
TASK 2
Sam Stewart. Air Quality Specialist
35 hours
SOUTHWESTERN WILLOW FL YCATCHERI
LEAST BELL'S VIREO SURVEYS
$11,475.00
Focused surveys for the southwestern willow flycatcher and least Bell's vireo will be conducted
within all suitable riparian habitat present on the project site. The purpose of these surveys will
be to determine the presence or absence of any southwestern willow flycatcher or least Bell's
vireo on the project site. The U.S. Ash and Wildlife Service (USFWS) survey protocol for the
flycatcher requires a minimum of five surveys that need to be performed within specified time
periods: Survey 1 from May 15 to May 3t; Survey 2 from June 1 to June 21; and Surveys 3, 4,
and 5 from June 22 to July 17. Tape recordings of southwestern willow flycatcher vocalizations
will be played to solicit a response from any individual that may be present. The USFWS survey
protocol for the least Bell's vireo requires that a total of eight surveys be conducted at
approximately ten-day intervals starting after April 10 and ending by July 31. Because of the
similar ecological requirements, the surveys for the flycatcher and vireo can be conducted
simultaneously; a total of ten surveys is required to comply with both protocols. Surveys for the
southwestern willow flycatcher will be performed by a biologist with the required USFWS permit.
The surveys will be performed during appropriate weather conditions. If either of these species
is detected by visual or auditory means, information pertaining to sex, age, reproductive status,
and habitat will be recorded. If nesting is believed to be occurring, the biologist will Iry to
ascertain the general location of the nest, but will not approach or disturb the nest. Upon
completion of the survey effort. a letter report will be prepared on the survey findings. The letter
will include a methods and results section with locations and descriptions of special species
observed. Per our permit requirements, the report will be submitted to the USFWS, and any
special status species observed will be reported to the California Natural Diversity Database
(CNDDB).
A.1
Deliverable: 1. One copy of the focused survey report submitted to the USFWS and three
copies submitted to the City of Temecula
Staff:
Ta"k 2 A - Fir"t ThrBII Field VI"II"
$3,020.00
Amber Oneal, Project Manager/Biologist
Senior Biologist
Junior Biologist
2 hours
28 hours
2 hours
Staff:
Task 2B - FinAl Seven Field Vi"ll" end DocumentAlion
TASK 3
Gary Medeiros, Associate PrinclpaVRegulatory Services
Amber Oneal, Project ManagerlBiologist
Senior Biologist
GIS Specialist
Word Processing
$8,455.00
1 hour
2 hours
54 hours
2 hours
4 hours
PREPARATION OF THE DETERMINATION OF
BIOLOGICALL V EQUIVALENT OR SUPERIOR
PRESERVATION (DBESP) REPORT
$10,370.00
If it is determined necessary through agency consultation, a Determination of Biologically
Equivalent or Superior Preservation (DBESP) report will be prepared to address potential
impacts on riparian/riverine resources and the least Bell's vireo (if present). The report will
include the following: introduction; description of the proposed project; summary of biological
studies and resource mapping of the project site; demonstration of the infeasibility of avoidance;
quantification of unavoidable impacts; mitigation/conservation measures; and biologically
equivalent or superior alternative conclusion and determination.
One version of report will be submitted to the City of Murrieta. Any additional versions of the
report will be billed on a time-and-materials basis, after prior approval.
Deliverable: 1. DBESP report consistent with the Western Riverside MSHCP guidelines
Staff:
Gary Medeiros, Associate PrincipaVRegulatory Services
Amber Oneal, Project Manager/Biologist
GIS Specialist
Word Processing
8 hours
56 hours
16 hours
18 hours
TOTAL PIlOFESSIONAL FEES AND DIRECT EXPENSES
$25,520.00
A-2
REDEVELOPMENT
AGENCY
Ii
-
I.
ITEM NO. 17
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
APRIL 24,2007
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:34
p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Naggar, Roberts,
Washington, and Edwards
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
15 Minutes
RECOMMENDATION:
15.1 Approve the minutes of April 1 0, 2007.
MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency
Member Washington seconded the motion and electronic vote reflected unanimous aooroval.
RDA DEPARTMENTAL REPORT
16 Redevelooment Deoartmental Monthlv Reoort
No additional comments.
RDA EXECUTIVE DIRECTORS REPORT
No additional comments.
RDA AGENCY MEMBERS REPORTS
No additional comments.
R:\Minutes\042407
RDA ADJOURNMENT
At 7:34 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, May 8, 2007, 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.
Maryann Edwards, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\042407
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