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Home My WebLink About101408 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title I I] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE OCTOBER 14, 2008 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. -Closed Session of the City Council pursuant to Government Cade Sections: Conference with City Attorney pursuant to Government Code Section 54956.9(a} and (c}. The Council will meet pursuant to Government Cade Section 54956.9{b} with respect to one matter of potential litigation in which the City Attorney has determined that a paint has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and pursuant to Government Code Section 54956.9{c} with respect to the same matter in which the City Council will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 08-10 Resolution: 08-90 CALL TO ORDER: Mayor Mike Naggar Prelude Music: To be announced. Invocation: Reverent Jonathan Maxey of Grace Chapel of Temecula Valley Flag Salute: Council Member Washington ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONSIPROCLAMATIONS Operation School Bell Month Proclamation Certificate of Achievement to Michael Alhadeff Abbott Vascular Presentation PUBLIC COMMENTS A total of 3Q 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 an the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 9, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adapt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of August 31, 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of August 31, 2008. 5 Participate in the Cities for Climate Protection Campaign to Develop a Green House Gas (GHG) Emissions Inventory and Climate Action Plan RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO PARTICIPATE IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN TO DEVELOP A GREEN HOUSE GAS EMISSIONS INVENTORY AND CLIMATE ACTION PLAN FOR THE CITY OF TEMECULA 6 Grant of Easement to Southern California Edison Company associated with the Rule 20 Underground Utility District and the Old Town Civic Center, Project No. PW06-07 RECOMMENDATION: 6.1 Approve a Grant of Easement to Edison to allow Edison to maintain their facilities within the Rule 20 Underground Utility District and the Old Town Civic Center, Project No. PW06-07, and authorize the Mayor to execute the aforementioned document. 7 Traffic Signal and Safety Lighting Maintenance Agreement between the City of Temecula and the Pechanga Band of Luiseno Mission Indians RECOMMENDATION: 7.1 Approve the Agreement for Maintenance of Traffic Signal on Tribal Land between the City of Temecula and the Pechanga Band of Luiseno Mission Indians; 7.2 Authorize the Mayor to execute the agreement. 8 Chaparral Village Parcel Map No. 26232-2, Agreement for Utility Undergrounding RECOMMENDATION: 8.1 Approve the Agreement for Utility Undergrounding of existing power poles and utility lines; 8.2 Authorize the Mayor to execute the agreement. 9 Parcel Map No. 34387 (located at the Southwest side of the knuckle of Nicole Lane & Overland Drive) RECOMMENDATION: 9.1 Approve Parcel Map No. 34387 in conformance with Conditions of Approval. 10 Parcel Map No. 35481 (located at the southwest corner of Rancho California Road and Moraga Road) RECOMMENDATION: 10.1 Approve Parcel Map No. 35481 in conformance with Conditions of Approval; 10.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance, Labor and Materials, and Monument Bonds as security for the agreement. 11 Purchase and Sale Agreement and Joint Escrow Instructions for the Purchase of Certain Property Rights Identified as Portion of Assessor's Parcel Number 920-090-002 RECOMMENDATION: 1 1.1 Approve in substantially the form attached hereto the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Temecula and Rancho California Water District {RCWD}, for the purchase of 1.62 Acre {70,654 Square Foot) portion of Assessor's Parcel Number 920-090-002 for the construction of the PedestrianlBicycle Bridge over Santa Gertrudis Creek, City Project Number PW05-11, at a purchase price of $3,293 plus escrow fees; 1 1.2 Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $3,293 to cover the cost of the property plus the associated escrow fees, approve and execute any necessary documents, and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 12 Second Amendment to a Geotechnical and Material Testing Professional Service Agreement far the Old Town Infrastructure Projects PW06-07 (C & E) RECOMMENDATION: 12.1 Approve the Second Amendment to the Agreement with Leighton Consulting, Inc., for professional geotechnical & material testing services, in the amount of $40,000 for the Old Town Infrastructure Projects PW06-07 {C & E) and authorize the City Manager to execute the Amendment. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided sa 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 for the record CSD CONSENT CALENDAR 13 Minutes RECOMMENDATION: 13.1 Approve the minutes of September 23, 2008. 14 Agreement with Musco Lighting for Relamp Baseball and Soccer Field at the Various Parks RECOMMENDATION: 14.1 Approve the Agreement with Musco Lighting in the amount of $33,100 plus a 10% contingency in the amount of $3,310, to Relamp Baseball and Soccer Field at the various City Parks. 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" farm to the City Clerk. When you are called to speak, please come forward and state your name for the record RDA CONSENT CALENDAR 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of September 23, 2Q08 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 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, October 28, 2008, 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. The entire agenda packet (including staff reports} may be available for viewing at City Hall- 43200 Business Park Drive, Temecula-and at the Temecula Library- 30600 Pauba Road, Temecula- during normal business hours. The packet will be available for viewing the Friday before the City Council meeting after 4:00 PM. You may access the packet on the City's website- cityoftemecula.org- which as well vNll be available the Friday before the City Council meeting after 4:00 PM. 7 PROCLAMATIONS AND PRESENTATIONS o ~ ~ o ~ ~ ~ o i G a i~ a~ ~ ~ ~ ~ ~ ~ ~ v o ~ U ~ ~ ~ ~ bb O o a ~ o ,~ ~' O ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~" ° ' ~ ~ ~ U U ~ ~ • ~ ~~ z ~ ~ ~' ~ o ~~~ ° ~ p.. U ~ cOi ~ ~ <C i ~ u. a ~ U O o ~ ~ ~; ~ U ~ ~ G ~ '~ ~ ,~ '~--' ~ . U ti +~ "~ ~ U •~ w ~ , ~ / ~ ~A ~ '~ W ~ °' O p ,;, U u. U ~ ° ~ ~ ~ -C ~o .~ •~ ~ ~ .~ ~ ~ ~ h ~ h ~ ~ ~ ° ~ ~ ~ -~ o ~ ~ "~ ~ ~ ~ ~ ~ ~ ~ ~ a r+.i ~ ~ ~ ~~ o ~ ~ ~ ~ ~a "~ ~ ~ ~ -a ; ~ o o ~ y ~ ~_ ~ ~ ~: ~ Q .~ ~ ~ U U ~~ " ° ~ ~~ ~ o *i: C ~I ~ ~ ~ ° H ` U ~ ~ ~, ° ~ "V o '~ ~ a ~ ~ °' '~-a ~ ~ ' U ~ ~ ~ ~ Q ,~(~II~ ~ a ~ ~ ~ U U ~ c~ `~ r~ % O'~ N ~ a .fl v ~ `~ ~ ~ `h " ° ~ U ~ ~ ~ ~ U~ ~ ~ 4 ~ °' ~' U z ~ U O U 0 0 G ~ S ' ~ ~ U i--~ ~ o ~ ~ ~ ~ -. "' '-` ~ ~ v ~ ~ r i~ •~ U = G ~: N t, U 4l U U U "" ~ U ~ O O . v~ ~ • ~~ • O~ . O U w ~ ~ ~ ~ ~ ~ O ~ S a ~ °~' ~ ~ ~, ;~ Q" ;~ as Asa, W ~ ~ ~c ~~~ ~~~ ~ ~ x x ~ x x~ a x~ x `~ ~" w ~~ w w ~ w ~ x w x ~ o ~ ~a 5 ~ ~ ~ ~ r ~ ~ ° ~ z ~ c3 ~ U G U r o +~ ,s 00 ~ ~ O ~ °` h O N x >°, ~ ~,-'' ~ ~ '~ ~ U "`~ ~ ~ ~ ~ ru • + w v1 ' v ~ T'~ r ~ ~ *y rHrf~~ y ~"'I O n ~ ~ O ti ~~ V ~ ~ ^^,, w ~ ~ ~ ~ . W _ ~ ~ W U /~ ~ O © ~; v~0 O ~1 1""ri M- ~} ~ ~ W ~ ~ N H ~ ti O ,~ /~./ i ~ 'vnel 'tii V Q ~y i2 .~ ~ / O ~ o~ v ~ ~ ~ ~ ~ *.a ~ ~ ~ ° ~~ ~ ~ ~ ~ ~ ~ •,~ o ~ o mo o, ~, ~ .~ ~ ~ © •,~ ~~ ~ ~ ~ v ~ •~ ~ ~ C CU '~` ~ ~ v N ~ 0 *~ cv ~ ~. ~ 4 ~ ~ ~ , r% ~ ~ oy ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ "' 4 .~ ? ~ ~: ~ ~ ~ 4 ,V tU *-~ ' bap ~ w ~ "~ ~., O ~p ~ ~ ~ v • c~ © cvp ~ O CONSENT CALENDAR ITEM R1C~. 1 ITEM R1C~. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 9, 2Q0$ The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, September 9, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None PRELUDE MUSIC The prelude music was provided by Eve Craig I NVOCATIO N The invocation was provided by Rabbi Yitzchok Hurwitz from Chabad of Temecula Valley PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Edwards PTA Membership Month Proclamation Recognizing the Parent Teacher Association {PTA), Mayor Naggar on behalf of the City Council presented Ms. Weersing, representing the City's PTA, with a proclamation proclaiming September, 2008, as PTA Membership Month. On behalf of the PTA members, Ms. Weersing happily accepted the proclamation and thanked the City Council for the recognition. Introduction of Human Services Manager Charles Walker Mayor Naggar introduced newly hired Human Services Manager, Mr. Charles Walker. Thanking the City Council for the warm welcome, Mr. Walker briefly described his past experience as a Human Services Manager. Advising how the Youth Master Plan came to fruition, Council Member Washington relayed the Council's excitement in moving the program forward. R:1Mi n utes1090908 Temecula Wine Month Proclamation, Certificates of Achievement to Wineries, and Presentation to Jim Carter With Governor Schwarzenegger declaring September, 2008, as California Wine Month and with the Temecula Valley Winegrowers Association recognizing September as Temecula Wine Month, Mayor Naggar presented Mr. Ray Falkner, President of the Temecula Winegrowers Association, and Ms. Tomi Arbogast, Executive Director of the Winegrowers Association, with a proclamation. Accepting on behalf of the Temecula Winegrowers Association, Mr. Falkner and Ms. Arbogast thanked the City Council for the proclamation and advised of the upcoming Harvest Wine Tasting event on November 1 Sc and 2"d Commending the outstanding achievement of the following wineries for receiving recognition for its award winning wines that promote and enrich the reputation of Temecula Valley as being one of the finest wine growing regions in California, Mayor Naggar presented the following wineries with a Certificate ofAchievement: • Bailey Winery • Falkner Winery • Keyways Winery • La Cereza Winery • Maurice Carrie Winery • Mount Palomar Winery • Stuart Cellars • Thornton Winery • Wilson Creek Winery In honor of receiving the Golden Bear Winery trophy from the California State Fair Commercial Wine Competition, the oldest and most prestigious wine competition in North America, Mayor Naggar presented South Coast Winery with a digital photo frame. Mr. and Mrs. Carter thanked the City Council for the recognition and gave a special thanks to Jon McPherson, Master Winemaker, and Javier Flores, Winemaker. Representing the Temecula Valley Convention and Visitors Bureau, Mr. Dennis Ferguson commended the Temecula Winegrowers Association. The City Council also commended the Temecula Winegrowers Association for its efforts in raising the bar. PUBLIC COMMENT A. Speaking on behalf of the 14~h Annual Temecula Valley Film and Music Festival, Ms. Ellen Watkins advised that the event will run through September 17 - 21, 2008, at Tower Plaza, advising that more information may be found at www.tvff.com. B. With regard to the 14~h Annual Temecula Valley Film and Music Festival, Ms. Bev Hoffman announced the honorees, provided information with respect to housing film makers, and invited the public to attend the event. R:1Mi n utes1090908 2 C. Ms. Jim McCann, representing Temecula Va11ey Inline Hockey Association, commended the Community Services Department and City Council for the improvements made to the roller hockey rink and pledged to allocate $8,000 to install a permanent score board. D. Mr. Doc Laine, Temecula, queried Mr. Pedersen's comments, made at the 08/26/08 City Council meeting, with respect to Mr. Pedersen suing the City; and questioned Mayor Naggar's previous comments with regard slow growth in the City. E. Thanking the City Council for its efforts in making the City of Temecula a wonderful place to live, Ms. Sarah Barrette, Temecula, commended the City for its state-of-the-art facilities made available to the residents. F. By way of overheads, Mr. Stephen Eldred, Temecula, relayed his amazement with Council Member Washington's comment that the Wine Country is not within the City's sphere of influence; and relayed his concern with the City using its funds to install infrastructure adjacent to the Europa Vinyards Estates and Europa Village, noting that it would be his opinion that certain Council Members have a vested interest and/or conflicts of interest. G. Ms. Lorena Spencer, Temecula, relayed her dismay with Mayor Naggar allowing Mr. Chris Pedersen to continually speak untruths with respect to Mr. Pedersen not suing the City; and queried Mayor Naggar's intent in 1999 to promise to oppose traffic and development but questioned his intent now. H. Ms. Vicki Long, representing Citizens for the Preservation of Open Space, commended the City Council for its continued efforts on the annexation process. I. Mr. Grey Frandsen commended the City Council for its creation of a wonderful foundation for families and for making decisions based on good public policy and encouraged the City Council to continue on its mission. J. Referencing the right to free speech, Mr. Fred Bartz, Temecula, expressed his embarrassment to the comments that have been made by certain individuals at past City Council meetings; further relayed the importance of obtaining the facts before making comments; and applauded the efforts of the City Council. K. Mr. Gary Thornhill, Temecula, echoed comments made by Mr. Bartz; advised that Wine Country is not be in the City's sphere of influence; and reiterated that there would not be any conflicts of interest with respect to Wine Country and the City of Temecula. L. Mr. Carlos Palma, Temecula, referenced a 1966 written document and commended the City Council for creating a thriving and vibrant City for its residents to live. CITY COUNCIL REPORTS A. Council Member Washington shared some history with respect to Old Town and the Farmers' Market and relayed the City Council's vision with respect to the future of the City of Temecula. B. By way of overheads, Mayor Naggar advised of the upcoming Temecula Youth Employment Exp on Saturday, October 4th from 9:00 a.m. to 1:00 pm., at Mt. San Jacinto College Temecula Education Complex. R:1Mi n utes1090908 3 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 12, 2008. 3 List of Demands RECOMMENDATION: 3.1 Adapt a resolution entitled: RESOLUTION NO. 08-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of July 31, 2008 RECOMMENDATION 4.1 Approve and file the City Treasurer's Report as of July 31, 2008. 5 First Amendment to Agreement with Environmental Science Associates (ESA) for Splash Canyon Water Park Environmental Impact Report RECOMMENDATION: 5.1 Approve the First Amendment to the Agreement with Environmental Science Associates (ESA), in the amount of $119,900 for the continued effort of preparing an Environmental Impact Report (EIR} for the Splash Canyon Water Park, Planning Application No. PA08-0037. 6 Approve the Sponsorship Request and Agreement for the 2008 Temecula Fall Rod Run RECOMMENDATION: 6.1 Approve the sponsorship request and agreement for actual City support costs in the amount up to $38,350 for the 2008 Temecula Fall Rod Run and authorize the Mayor to execute the agreement. R:1Mi n utes1090908 7 Amendment No. 3 to the Cooperative Agreement with the Friends of the Temecula Children's Museum RECOMMENDATION: 7.1 Approve Amendment No. 3 to the Cooperative Agreement between the City of Temecula and Friends of the Temecula Children's Museum for the support of the Temecula Children's Museum. Consent Calendar Item No. 8 was addressed under separate discussion; see pages 6-9. 8 Award a Construction Contract for the Old Town Civic Center, Phase II; Project No. PW06- 07 RECOMMENDATION: 8.1 Award a construction contract for Project No. PW06-07, the Old Town Civic Center, Phase II, to Edge Development, Inc., in the amount of $31,555,500 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders cumulatively totaling up to 10% of the contract amount; 8.3 Make a finding that the Old Town Civic Center project and the adjacent Parking Structure Project are exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 9 Secondary Designated Fund Balance Reserve for Economic Uncertainty RECOMMENDATION: 9.1 Receive and file this report regarding a Secondary Designated Fund Balance Reserve for Economic Uncertainty of $9.7 million. 10 Computer Equipment Purchase RECOMMENDATION: 10.1 Authorize the purchase of Hewlett Packard (HP) computer equipment for the total amount of $54,145.45, which includes shipping and applicable sales tax. 11 Reconveyance of four (4) Old Town parcels from the City to the Redevelopment Agency RECOMMENDATION: 11.1 Authorize staff to convey four (4) City-owned properties in Old Town to the Redevelopment Agency: Formerly APN Nos. 922-034-029, -030, -031, -032, -033, and -034, located along the north side of Main Street, west of Mercedes Street, and APN Nos. 922-044-019, -026, -027, and -029, located along the south side of Main Street, west of Mercedes; 11.2 Authorize the Executive Director to execute the Grant Deed an behalf of the Agency and take all other necessary action relating to the conveyance of the property. R:1Mi n utes1090908 5 Referencing Consent Calendar Item No. 9, Mayor Naggar relayed that with Item No. 8 coming in under budget, the extra $9.7 million will be included with the existing $12.6 million reserve, totaling $22.3 million in reserves. MOTION: Council Member Roberts moved to approve the Consent Calendar except for Item No. 8 (discussed separately; see page 6-9). Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Comerchero who abstained on Item No. 7. 8 Award a Construction Contract for the Old Town Civic Center, Phase II; Project No. PW06-07 RECOMMENDATION: 8.4 Award a construction contract for Project No. PW06-07, the Old Town Civic Center, Phase II, to Edge Development, Inc., in the amount of $31,555,500 and authorize the Mayor to execute the contract; 8.5 Authorize the City Manager to approve change orders cumulatively totaling up to 10% of the contract amount; 8.6 Make a finding that the Old Town Civic Center project and the adjacent Parking Structure Project are exempt from Multiple Species Habitat Conservation Plan {MSHCP) fees. Director of Public Works Hughes provided a brief staff report (per agenda packet). The following speakers spoke in favor of the proposed Old Town Civic Center project: • Mr. Michael Caudill, Temecula • Ms. Tomi Arbogast, Temecula • Mr. Bernard Truax, Temecula • Mr. Murphy Gutman, Temecula • Ms. Terri Pebley, Temecula • Mr. Clif Hewlett, Temecula • Mr. Dennis Ferguson, Temecula • Mr. Walt Allen, Temecula • Mr. Ed Dool, Temecula • Ms. Sarah Barrette, Temecula • Mr. David Phares, Temecula • Ms. Alice Sullivan, Temecula • Mr. Paul Jacobs, Temecula • Mr. Neil Clevland, Temecula • Mr. Chris Baily, Temecula • Mr. Jimmy Moore, Temecula • Mr. Ron Walton, Temecula • Mr. Gary Thornhill, Temecula, • Mr. Chris Pedersen, Temecula • Mr. Carlos Palma, Temecula R:1Mi n utes1090908 6 Expressing excitement with the retaillcommercial growth associated with the proposed Old Town Civic Center, the following speakers spoke in favor of the Civic Center project for the following reasons: • That growth will bring economic viability to the City of Temecula • That private investors have invested in the Old Town area because of the Civic Center • That the Civic Center will promote business and tourism in Old Town • That Civic Center will be an asset to the City for decades and will be a major contributor to the conversion and transition of the Old Town Temecula to a downtown area • That Civic Center will provide a cornerstone destination for tourism in the Old Town area • That many of the stake holders in Old Town would be in favor of the proposed Old Town Civic Center • That the Civic Center project was awarded to a local business • That Civic Center will draw more visitors to Old Town which would in turn, be an excellent example of New Opportunities mixing with Old Traditions The below-mentioned speakers spoke in opposition to the proposed Old Town Civic Center project: • Mr. James Stewart, Temecula • Mr. Doc Lain, Temecula • Mr. Albert Abbott, Temecula The above-mentioned speakers spoke in opposition to the proposed Old Town Civic Center project for the following reasons: • The need fora 94,000 square City Hall • Exemption from MSHCP fees, requesting documents confirming exemption fees • Transparency of funding for Civic Center would be desirous Director of Public Works Hughes clarified that currently there is no written confirmation from the Riverside Conservation Authority {RCA) confirmation that the City will not be required to pay MSHCP fees; that the City self determines whether or not the City would be exempt from MSHCP fees; that according to the rules and regulations provided by MSHCP, staff has determined and has made the findings of exemption; and that RCA will at a later time either concur with or deny the findings. With respect to the concerns expressed by speakers regarding the Civic Center, City Manager Nelson advised of the following: • That the City has approximately 200 employees • That an extensive analysis was performed in every department to determine the needs through build-out of the City • That the proposed project will not only be a City Hall but rather a Civic Center; it will offer a community room for civic functions and a town square far community events and cultural activities • That the Civic Center will be able to accommodate the future annexation of the French Valley area • That the Civic Center will create the heart of the community that will transform Old Town to a "Downtown" • That with respect to maintenance and operation of the Civic Center, the land around the town square will be continually owned by the Redevelopment Agency, therefore a long- R:1Mi n utes1090908 7 time land lease with the developer of the site; that the land lease will generate revenue which will assist in offsetting operation and maintenance costs; and that at the end of the term of the lease, the improvements made will revert to the residents of Temecula • That the numbers referenced by Mr. Abbott were generated by the Press Enterprise in June 2006, not by the City of Temecula • That for accurate numbers with respect to the cost of the Civic Center, the April 10, 2007 staff report was referenced ($44 million) which was prepared by the City of Temecula • That the City is financing the proposed project with cash and Certificates of Participation Bonds, paying off this debt within 10 years and leaving the City debt free Council Member Roberts relayed the importance of building astate-of-the-art civic center that will stand the test of time. Commenting on the City's past ability to provide its citizens with state-of-the-art facilities, Council Member Comerchero stated the positive affects that will result from the new civic center and advised of his full support of the proposed project. Echoing comments made by City Manager Nelson, Mayor Pro Tem Edwards also provided information as to how the proposed project will be financed. Mayor Naggar referenced a staff report written by, then Director of Community Services Nelson, dated July 11, 1995, noting that the current City Hall was envisioned as an interim City Hall. Mayor Naggar also referenced a report drafted by Keyser Marston & Associates, dated 1998, with respect to the City considering a future civic center in the Old Town area, development of office uses, and expansion of arts and cultural uses, and creating a downtown environment. Council Member Comerchero commended staff for its efforts in implementing the proposed project. MOTION: Council Member Washington moved to extend the meeting to 10:30 p.m. Mayor Pro Tem Edwards seconded the motion and voice vote reflected unanimous approval. At 10:00 p. m., the City Council took a 5-minute break and reconvened at 10:05 p.m. MOTION: Council Member Washington moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. CITY COUNCIL BUSINESS 18 Agreement for Funding Acquisition of Open Space Property between Western Riverside County Regional Conservation Authority and the Citv of Temecula RECOMMENDATION: 18.1 Adopt a resolution entitled R:1Mi n utes1090908 8 RESOLUTION 08-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR FUNDING THE ACQUISITION OF OPEN SPACE PROPERTY BETWEEN WESTERN RIVERSIDE COUNTY REGIONAL CONSERVATION AUTHORITY AND CITY OF TEMECULA" By way of a PowerPoint Presentation, Director of Planning Ubnoske provided a brief staff report (of record). Thanking Assistant City Manager Johnson for his efforts in moving this project forward, Ms. Vicki Long, Temecula, relayed her approval of staff's recommendation. MOTION: Council Member Comerchera moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there was no formal action to report. ADJOURNMENT At 10:11 p.m. the City Council meeting was formally adjourned to Tuesday, September 23, 2008, 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. ATTEST: Michael S. Naggar, Mayor Susan Jones, MMC City Clerk [SEAL] R:1Mi n utes1090908 9 ITEM R1C~. 3 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: October 14, 2008 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- 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. a8- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLON-ING 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 $5,211,731.69. 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 14th day of October, 20Q8. Michael S. Naggar, 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. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of October, 2Q08, 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 09/18/2008 TOTAL CHECK RUN $ 1,949,074.20 09/25/2008 TOTAL CHECK RUN 922,723.93 10/02/2008 TOTAL CHECK RUN 1,320,322.15 09/18/2008 TOTAL PAYROLL RUN: 507,300.16 10/02/2008 TOTAL PAYROLL RUN: 512,311.25 TOTAL LIST OF DEMANDS FOR 10/14/2008 COUNCIL MEETING: $ 5,211,731.69 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 1,451,826.46 165 AFFORDABLE HOUSING 45,934.44 190 TEMECULA COMMUNITY SERVICES DISTRICT 420,709.36 192 TCSD SERVICE LEVEL B 246.94 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 49,191.27 194 TCSD SERVICE LEVEL D 189,220.29 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 18,985.58 197 TEMECULA LIBRARY FUND 11,956.91 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,681,722.67 280 REDEVELOPMENT AGENCY -CIP PROJECT 55,929.14 300 INSURANCE FUND 2,466.26 310 VEHICLES FUND 11,947.09 320 INFORMATION SYSTEMS 183,142.65 330 SUPPORT SERVICES 13,331.96 340 FACILITIES 32,503.02 460 CFD 88-12 DEBT SERVICE FUND 1,463.81 472 CFD Ol-2 HARVESTON A&B DEBT SERVICE 1,863.05 473 CFD 03-1 CROV/NE HILL DEBT SERVICE FUND 1,596.90 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 657.29 475 CFD033 WOLF CREEK DEBT SERVICE FUND 1,463.81 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 1,463.81 477 CFD- RORIPAUGH 14,497.57 $ 4,192,120.28 001 GENERAL FUND $ 651,656.97 165 AFFORDABLE HOUSING 15,134.57 190 TEMECULA COMMUNITY SERVICES DISTRICT 240,746.50 192 TCSD SERVICE LEVEL B 263.35 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 9,993.95 194 TCSD SERVICE LEVEL D 2,527.51 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 2,858.37 197 TEMECULA LIBRARY FUND 1,484.52 280 REDEVELOPMENT AGENCY -CIP PROJECT 10,361.10 300 INSURANCE FUND 2,680.70 320 INFORMATION SYSTEMS 57,112.62 330 SUPPORT SERVICES 7,606.06 340 FACILITIES 17,185.19 1,019,611.41 TOTAL BY FUND: $ 5,211,731.69 apChkLst 09!1812008 11:57:37AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1126 09!1812008 000444 INSTATAX (EDD) State Disability Ins Payment 23,480.58 23,480.58 1127 09/18/2008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 93,526.92 93,526.92 1128 09118!2008 000389 NATIONWIDE RETIREMENT OBRA-Project Retirement Payment 4,018.31 4,018.31 SOLUTION 1129 09/18!2008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 21,138.59 21,138.59 SOLUTION 1130 09118!2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 129,689.08 129,689.08 RETI REM ENT) 126597 09/1112008 009604 12MILESOUT.COM Council mtg video sues: Info Sys 2,000.00 2,000.00 126598 09/1112008 004973 ABACHERLI, LINDI TCSD instructor earnings 840.00 840.00 126599 09/11/2008 004765 ACTIVE NETWORK INC, THE AGS software maint: Info Sys 5,454.84 5,454.84 126600 09/1112008 011937 ADDISON EQUIPMENT RENTAL Jul const svcs:TCC expansion 3,348.74 3,348.74 126601 09/1112008 008552 ADKINS DESIGN CONSULTING Aug graphic design svcs:Theater 1,720.03 1,720.03 126602 09/11!2008 012270 ADNER, FRED reimb:SROC Cf San Diego 8125-28 73.23 73.23 126603 09/1112008 012283 ADVANCED ANTLYTICAL INC Control 2009298 Pager Sys: Library 1,106.43 1,106.43 126604 09/18/2008 004918 A W DIRECT INC commercial vehicle equip: Police 1,212.94 1,212.94 126605 09/18/2008 007186 AB MAILING SOLUTIONS mailing svcs:Theater-Tem Presents 142.75 142.75 126606 09118!2008 012245 ALEGRIA, GLENDA FAY Support Payment 1,091.00 1,091.00 126607 09/18!2008 003951 ALL AMERICAN ASPHALT Aug Canst SYc:Pechanga Pkwy II 872,689.60 872,689.60 126608 09/18/2008 012317 AMAZONA, BRENDA refund: security dep MPSC 8/31 150.00 150.00 Page:1 apChkLst Final Check List Page: 2 09!18!2008 11:57:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126609 09118!2008 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 71.00 DUI & drug screenings: Police 180.00 Oct stand by fee: Police 1,200.00 1,451.00 126610 09/18/2008 000101 APPLE ON E INC temp help ppe 819: Ortiz, V 284.00 temp help ppe 8123: Ortiz, V 284.00 temp help ppe 8116: Ortiz, V 710.00 temp help ppe 8130: V~Ison, L 1,348.14 temp help ppe 8l30:Tuley-Fuson 600.80 temp help ppe 8130: Ortiz, V 230.75 temp help ppe 7119: Ortiz, V 90.09 3,547.78 126611 09/18/2008 004623 AQUA TECH ENTERPRISES pool chemicals: TES pool 921.16 921.16 126612 09/18/2008 003203 ARTISTIC EMBROIDERY staff uniform shirts: TCSD 232.74 232.74 126613 09/18/2008 002648 AUTO CLUB OF SOUTHERN Membership: 00498832 JY 47.00 CALIF Membership: 14420053 RS 47.00 94.00 126614 09/18/2008 011954 BAKER & TAYLOR INC (212) Book Purchase: Library 3,563.69 3,563.69 126615 09/18/2008 005665 BLACK'S TOWING auto towing sues: Police 162.50 162.50 126616 09/18!2008 006908 G C & COMPANY INC DJ svcs:Hot Summer Nights 1,050.00 DJ svcs:Hot Summer Nights 700.00 DJ svcs:Hot Summer Nights 700.00 2,450.00 126617 09/18/2008 000154 C S M F O 08109 App Fee Annl Op Budget 100.OD 100.00 126618 09/18!2008 000154 C S M F O 08109 App Fee CIP Budget 100.00 100.00 126619 09118!2008 OD3138 CAL MAT PW patch truck materials 156.24 PW patch truck materials 203.11 PW patch truck materials 283.92 PyV patch truck materials 641.92 PW patch truck materials 202.30 1,487.49 126620 09/18!2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 126621 09118!2008 004248 CALIF DEPT OFJUSTICE- Jul fingerprinting svc: HRJPD 3,483.00 3,483.00 ACCTING 126622 09/18!2008 002520 CALIF T'S SCREENPRINTING recognition visars:SMART Pgrm 63.36 63.36 Paget apChkLst Final Check List Page: 3 09!18!2008 11:57:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126623 09118!2008 004228 CAMERON WELDING SUPPLY Helium tanks rental/refill:TCSD 42.96 42.96 126624 09/18/2008 008644 CANTRELL, ROGER, AIA, AICP Aug architectural svcs: Planning 6,290.00 6,290.00 126625 09118!2008 010434 CATERERS CAFE rfrshmnts:S Mgta Annx mtg 912 140.78 140.78 126626 09118!2008 009640 CERTIFION CORPORATION Aug database subscr: Police 150.00 150.00 126627 09/18!2008 004609 CINTAS DOCUMENT Aug doc shredding svc:City/PD 77.50 MANAGEMENT Aug doc shredding svc:City/PD 132.50 210.00 126628 09118!2008 005417 CINTAS FIRST AID & SAFETY First aid supplies: Library 55.35 First aid supplies: Maint Facility 126.73 First aid supplies: Theater 86.22 First aid supplies: City Hall 88.55 First aid supplies: Fld Op Ctr 125.60 482.45 126629 09118!2008 003534 CLOUD PRODUCTIONS PerFormance:Hot Summer Nights 500.00 500.00 126630 09!1812008 008594 COMMUNITY BANK Escrow #1202:Aug-All American Asphalt 96,965.51 96,965.51 126631 09/18/2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00 126632 09/18/2008 000447 COMTRONIXOFHEMET vehicleradio:TGSDF350truck 2,144.15 2,144.15 126633 09118!2008 006303 CONDUIT NETWORKS, INC ShorePhane power adapter:IS 74.45 74.45 126634 09118!2008 011692 CONVERGINT TECHNOLOGIES, Library cabling svcs: Info Sys 3,696.60 3,696.60 LP 126635 09/18!2008 012293 CORNER SQUARE GROUP rental fee:Teen dances 9/18-9/20 800.00 800.00 126636 09118!2008 002631 COUNTS UNLIMITED INC traffic counts svcs: PW Traffic 17,435.00 17,435.00 126637 09/18/2008 011870 CRIME SCENE STERI-GLEAN, LLC Biohazard clean-up: Police 887.46 887.46 126638 09/18/2008 003962 DAVID NEAULT ASSOCIATES ING Aug Idscp insp svc:Pechanga Pkwy 1,615.00 1,615.00 Page:3 apChkLst 09!18!2008 11:57:37AM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126639 09118!2008 003945 DIAMOND ENVIRONMENTAL Aug portable toilet svc:Riverton 55.78 SRVCS Aug portable toilet svc:Lg Cyn Pk 55.78 Aug portable toilet svc:Veterans Pk 55.78 Aug portable toilet svc:Vail Rnch 55.78 Aug portable toilet svc:Redhawk 55.78 278.90 126640 09/18!2008 000684 DIEHL EVANS & COMPANY LLP 08 Rda Cf 10/16:Gosta Mesa RG1PB 550.00 550.00 126641 D9/1812008 OD4469 DISPLAY SALES COMPANY holiday wreaths:Old Town Display 16,524.72 16,524.72 126642 09!1812008 D02528 EAGLE GRAPHIC CREATIONS Recognition Mugs: HR 17.46 17.46 INC 126643 09118!2008 011292 ENVIRONMENTAL SCIENCE Jul cnslt svcs:S Mgita Annex 2,660.00 ASSOC. Jul CEGA Cnslt Svcs: Planning 247.20 2,907.20 126644 09118!2008 000164 ESGIL CORPORATION Aug Plan Review Svcs: B&S 15,269.31 15,269.31 126645 09/18/2008 D03665 EXCEL COMMERCIAL Sept long distance phone svcs 53.23 53.23 126646 09118!2008 003053 FAGAN, MATTHEW performance:Sister Cities Dinner 150.00 150.00 126647 09118!2008 000166 FIRST AMERICAN TITLE Title Srch: 41375 Mccabe Ct 500.00 500.00 COMPANY Page:4 apChkLst Final Check List Page: 5 09!1812008 11:57:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126648 09!1812008 003347 FIRST BANKCARD CENTER FRANKLIN COVEY SJ day planner supplies 122.83 I-215 SOUTH CORRIDOR ME Ticket registration for 9/18!08 135.00 ECONOMIC CONFERENCE MANAGER.COM RJ Gonf call Annexation EIR 12.00 CONFERENCE MANAGER.COM RJ Gonf call Annexation EIR 31.36 CONFERENCE MANAGER.COM RJ Gonf call Waterpark 8.96 CONFERENCE MANAGER.COM RJ Gonf call Mercedes Benz 12.16 MAP BOOKS 4 U RJ 2009 Riverside Thomas Guide 23.65 RAGAN COMMUNICATIONS, INC. RJ Ragan webinar-LifeNVork Balance 169.00 CONFERENCE MANAGER.COM RJ Conf call Annexation EIR 52.48 CONFERENCE MANAGER.COM RJ Conf call Waterpark 1.76 CONFERENCE MANAGER.COM RJ Gonf call Mercedes Benz 6.40 CONFERENCE MANAGER.COM RJ Conf call Annexation EIR 19.36 CONFERENCE MANAGER.COM RJ Conf call Mercedes Benz 6.72 CONFERENCE MANAGER.COM RJ Conf call Mercedes Benz 8.64 MACARONI GRILL SJ council closed session 8/12 183.74 DORAL DESERT PRINCESS SJ accommodations 9118 - 9121 110.88 RESORT LEAGUE OF CALIF CITIES SJ New Law & Elect. Sem: SJ 1713-5 425.DD LEAGUE OF CALIF CITIES SJ New Law & Elect. Sem: MB 1213-5 425.00 1,754.94 126649 09/18/2008 011979 FLORENTINE FLOORS ING Flooring Installation: Stn 84 1,462.00 1,462.00 126650 09118!2008 007274 FORGE, THE rfrshmnts:Emp gtrly luncheon 3,267.63 3,267.63 126651 09/1812008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 126652 D9/18l2008 011967 FULL VALUE ENTERTAINMENT sttlmnt:Live at the Merc 9112 119.70 119.70 Page apChkLst 09!18!2008 11:57:37AM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126653 09118!2008 010326 G E MOBILE WATER, INC Aug maint: Stn 73 osmosis washer 52.00 Jul exchg: Stn 73 osmosis washer 117.06 Aug exchg: Stn 73 osmosis washer 117.06 Jun exchg: Stn 73 osmosis washer 61.03 Aug rent: Stn 73 osmosis washer 23.71 Jul rent: Stn 73 osmosis washer 23.71 Jul maint: Stn 73 osmosis washer 52.00 446.57 126654 09118!2008 004514 G T S I CORP computer equip: Info Sys 79,573.96 79,573.96 126655 09/18!2008 001937 GALLS INC Uniforms: Police Volunteers 67.88 67.88 126656 09118!2008 012301 GALLUP, JENNIFER refund: Parent N Me Swim-Avery 45.00 45.00 126657 09/18/2008 003815 GFB FRIEDRICH & ASSOCIATES Jul design svcs:DePortola Rd 19,276.02 19,276.02 INC 126658 09118!2008 009094 GLENEAGLES CORPORATION, Res Imp Prgm: Thomley, Marvin 2,800.00 2,800.00 THE 126659 09!1812008 003299 HAYES, BARNEY performance:Hot Summer Nights 400.00 400.00 126660 09/18!2008 001135 HEALTHPOINTE MEDICAL pre-employment physicals: HR 25.00 25.00 GROUPING 126661 09118!2008 011991 HEMET FENCE Res Imp Prgm: Lucas, Pauline 3,255.50 Res Imp Prgm: Chichester, Helen 3,D15.50 Res Imp Prgm: Morton, Marvin 2,002.00 8,273.OD 126662 09118!2008 010210 HOME DEPOT SUPPLY INC, THE maintenance supplies: Parks 15.06 maintenance supplies: Parks 116.66 131.72 126663 09/18!2008 OD3198 HOME DEPOT, THE maintenance supplies: Theater 271.28 mist supplies:Old Town maint 461.70 mist supplies:Old Town maint 915.72 1,648.70 126664 09118!2008 001517 HORIZON HEALTH Sept emp assistance pgrm:HR 880.00 880.00 126665 09/18!2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,166.24 11,166.24 303355 126666 09/18!2008 006914 INNOVATIVE DOCUMENT Aug copier maintlrepair: Citywide 3,582.25 SOLUTIONS Aug copier maintlusage: Library 678.46 4,260.71 Page6 apChkLst 09!18!2008 11:57:37AM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126667 09118!2008 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:CRCffES 258.60 258.60 INC 126668 09/18/2008 010119 IRS - OIG Sup Pmt Offer#1000497587 452379267 140.11 140.11 126669 09118!2008 OD6245 J. GETTY TRUST, THE rfrshmnts Bon Appetit:Sister City 9/19 332.87 332.87 126670 09/18/2008 OD8358 JAGUSGH, M.D., CHRISTIAN R. AED medical review: Citywide 4,5D0.00 4,500.OD 126671 09/18!2008 000203 JOBS AVAILABLE INC Recruitment Ads: HR 175.00 175.00 126672 09118!2008 004813 JOLLY JUMPS performance:Hot Summer Nights 195.00 performance:Hot Summer Nights 195.00 390.00 126673 09/18/2008 OD3046 K F R O G 95.1 FM RADIO radio advertising:Hot Smr Nights 224.00 radio advertising:Hot Smr Nights 908.00 radio advertising:Hot Smr Nights 2,368.00 3,500.00 126674 09/18/2008 OD2424 KELLEY DISPLAY INC Rod Run Banners: RDA 6,163.30 6,163.30 126675 09118!2008 001282 KNORR SYSTEMS INC pool maint supplies: CRClfES 100.85 pool maint supplies: CRClTES 155.89 256.74 126676 09/18!2008 001085 L N CURTIS & SONS Fire Equip: Stn 73 644.88 644.88 126677 09!1812008 D12253 LA PRENSA HISPANA Advertising: PW CIP Division 850.00 850.OD NEWSPAPER 126678 09118!2008 OD8809 LAKE ELECTRIC Res Imp Prgm: Bello, Ganiyu 410.00 410.00 126679 09!1812008 D05556 LANDEROS, VERONICA refund: security dep CRC 916 4D0.00 400.OD 126680 09/18!2008 010088 LEA ASSOCIATES appraisal svcs: McOabelMadison 20,700.00 Jul apraisal review svc:Pchga Pkwy 2,000.00 Aug apraisal review svc:Pchga Pkwy 2,000.00 24,700.00 126681 09/18!2008 012164 LECLERC, JOHN MICHAEL Merc performance:film Pest 9120 150.00 150.00 126682 09/18/2008 OD0482 LEIGHTON CONSULTING INC Jul geotech svcs:Old Town 9,594.26 9,594.26 126683 09/18/2008 009263 LOWES HIW INC Hardware supplies: SMART pgrm 4.29 4.29 Page:? apChkLst Final Check List Page: 8 09!18!2008 11:57:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126684 09/18!2008 004087 LOWES INC Hardware supplies: Theater 113.48 Hardware supplies: Theater 4.30 117.78 126685 09/18!2008 012267 MAD DASH CORPORATION Transportaticn:Sister City prgm 9118 607.50 607.50 126686 09!1812008 004141 MAINTEX INC Custodial supplies: crc 74.75 credit:billing adjustmentlcrc -8.16 66.59 126687 09118!2008 009541 MEYER AND ASSOCIATES Reimb.Expenses:Tcc Expansion 3,286.68 3,286.68 126688 09/18!2008 007210 MIDORI GARDENS Mainline repairs: Vail Ranch Park 7!8 112.46 Mainline repairs: Riverton Park 719 283.18 Aug Idscp srvcs: City parks 70,105.00 70,500.64 126689 09/18/2008 011440 MILLMORE'S WAX CREW City vehicle detailing srvcs:PW Dept 60.00 60.00 126690 09/18/2008 001384 MINUTEMAN PRESS qty 2500 window envelopes:finance 224.46 stationery supplies:City Clerk 159.55 384.01 126691 09/18!2008 012264 MIRANDA, JULIO G. TCSD Instructor Earnings 77.00 TCSD Instructor Earnings 500.50 577.50 126692 09/18!2008 001892 MOBILE MODULAR 7120-8l18modularlease:ThePantry 1,033.33 8119-9117 modular Iease:The Pantry 1,033.33 8131-9129 modular Iease:TCC1OAC 832.40 2,899.06 126693 09/18/2008 005887 MOFFATT & NICHOL ENGINEERS 6127-7126 Consultant Srvcs:F.V.Pkwy 10,813.10 10,813.10 126694 09118!2008 001214 MORNINGSTAR PRODUCTIONS, production srvcs:theater 90.00 90.00 LLC 126695 09!1812008 002257 MOST DEPENDABLE FOUNTAINS metered valve: pat Birdsall sports park 430.23 430.23 126696 09/1812008 004490 MUSCO SPORTS LIGHTING INC Sports Lighting:Var Park Sites 4,312.62 4,312.62 126697 09!1812008 002925 NAPA AUTO PARTS City vehicle maint:fire stn 92 67.44 67.44 126698 09118!2008 000727 NATIONAL FIRE PROTECTION 1 yr membership dues:E.Wigle 2508570 150.00 150.00 ASSN 126699 09118!2008 005006 NBS GOVERNMENT FINANCE Reporting fees:CFD 03-2 !.Warner Rd 125.00 125.00 GROUP 126700 09/18!2008 010504 NEXTELGOMMUNICATIONS Ju126-Aug 25 cellularusagelequip 1,489.73 1,489.73 Page:B apChkLst Final Check List Page: 9 09!1812008 11:57:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 126701 09/18!2008 009938 NOBEL SYSTEMS INC (Continued) Description Amount Paid Technical support:gis software sys 5129 910.00 Check Total 910.00 126702 09/18!2008 002139 NORTH COUNTY TIMES Aug ads 9111 rememberance/F.I.T. Prgm 612.86 Aug public ntc ads:PWlPInlCity Clerk 774.04 1,386.90 126703 09!1812008 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children'srnuseum 222.28 222.28 DIV 126704 09118!2008 001171 ORIENTAL TRADING COMPANY Misc Supplies:Harvest Carnival 23.96 INC Misc Supplies:Harvest Carnival 779.91 Misc Supplies:Harvest Carnival 50.97 854.84 126705 09/18!2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 126706 09/18!2008 000249 PETTY CASH Petty Cash Reimbursement 206.39 Petty Cash Reimbursement 415.68 622.07 126707 09/18!2008 001999 PITNEY BOWES Jul-Sep postage mtr rental:cntrl srvcs 269.11 Oct-Dec postage mtr rental:cntrl srvcs 269.11 538.22 126708 09118!2008 010338 POOL & ELECTRICAL PRODUCTS pool supplieslchemicals: aquatics 271.71 INC pool supplieslchemicals: aquatics 124.27 pool supplieslchemicals: aquatics 4.08 400.06 126709 09118!2008 000253 POSTMASTER Express Mail & Postal Svcs 1,292.20 1,292.20 126710 09/18!2008 000254 PRESS ENTERPRISE COMPANY Aug advertising:var csd events 812.81 812.81 INC 126711 09/18!2008 005075 PRUDENTIAL OVERALL SUPPLY credit:billing adjITCSD Maint -8.00 Aug uniform/flr mts/twl rentals:City 1,487.00 1,479.00 126712 09118!2008 004627 PUBLIC SAFETYTECHNOLOGIES Radar certification:Police 142.50 142.50 INC 126713 09/1812008 000262 RANCHO CALIF WATER DISTRICT Aug Various Water Meters 43.05 Aug Various Water Meters 264.71 Aug Various Water Meters 354.17 Aug Various Water Meters 813.37 Aug Various Water Meters 270.45 Sept Various Water Meters 22,194.15 Aug 01-04-47210-0 T.E.S. Pool 308.26 Aug Various Water Meters 42,084.70 66,332.86 126714 09/1812008 000907 RANCHO TEMECULA CAR WASH Aug City vehicles detailing 189.OD 189.00 Page9 apChkLst Final Check List 09!18!2008 11:57:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 126715 09/18!2008 012315 RARE ESSENCE refund:sec.depositlrrsp 9!14/08 126716 09/18/2008 OD0271 RBF CONSULTING Jul englldscp dsgn:sr79 corridor Jul Consulting Svcs:l-15 Ult.lntrchng 126717 09!1812008 003544 ROBERT SHEA PERDUE REAL Appraisal services: PW CIP ESTATE 126718 09118!2008 OD0873 ROBERTS, RONALD H. Reimb: NLCC 914-917 126719 09118!2008 007345 SAN DIEGO STATE U Reimbursement:road grade @ tower FOUNDATION 126720 09/18!2008 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 126721 09/18!2008 010089 SECURITAS SECURITY SRVCS Aug security srvcs:Harveston Lake USA Aug security srvcs:Redhawk dog park 126722 09118!2008 012129 SHAKESPEARE IN THE VINES Taming of the Shrew 911 2-1 410 8 126723 09!1812008 008529 SHERIFF'S CIVIL DIV- CENTRAL Sup Pmt LO File# 2008058526 126724 D9/1 812 00 8 D08529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment: Payment 126725 09/18!2008 OD9213 SHERRY BERRY MUSIC Jazz @ the Merc 9!11!08 126726 09118!2008 OD9746 SIGNS BY TOMORROW sign lettering for EOC logistic trailer 126727 09!1812008 004814 SIMON WONG ENGINEERING INC Jul Dsgn Srvcs:Main Street Bridge 126728 09/18!2008 000645 SMART & FINAL INC Misc supplies: F.I.T. Pgrm Misc supplies: F.I.T. Pgrm Misc supplies:Theater Misc supplies: F.I.T. Pgrm Misc supplies:High Hopes Pgrm Misc supplies:Theater Amount Paid 150.00 6,263.14 5,274.76 7,8D0.00 59.88 3,450.00 12.50 3,237.50 1,820.00 2,125.00 344.97 100.00 504.00 40.79 70,657.28 96.27 38.84 151.04 226.40 415.07 80.72 Page: 10 Check Total 150.00 11,537.90 7,800.OD 59.88 3,450.00 12.50 5,057.50 2,125.00 344.97 100.00 504.OD 40.79 70,657.28 1,008.34 Page:10 apChkLst 09!18!2008 11:57:37AM Final Check List CITY OF TEMECULA Page: 11 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126729 09118!2008 000537 SO CALIF EDISON Sept 2-02-351-5281 CRC 9,202.82 Aug 2-00-397-5059 various mtrs 6,890.92 Sept 2-28-397-1315 Redhawk Pkwy 17.52 Sept 2-27-560-0625 Deerhollow Way 3,441.64 Sept 2-26-887-0789 various mtrs 2,046.29 Sep 2-28-171-2620 Police Mall Stn 691.02 22,290.21 126730 09/18/2008 001212 SO CALIF GAS COMPANY Sept 015-575-0195-2 Fire Stn 92 136.13 136.13 126731 09/18!2008 012252 SOUND SKILZ ENTERTAINMENT Entertainment:Teen Dance 9/19108 750.00 750.00 INC 126732 09118!2008 007341 SOUTH COAST WINERY, INC. rfrshmnts:SisterCities prgm 9121!08 3,789.00 3,789.00 126733 09/18!2008 000519 SOUTH COUNTY PEST CONTROL Aug pest contra) srvcs: City facilities 553.00 553.00 INC 126734 09118!2008 005786 SPRINT Jul 26-Aug 25 cellular usage/equip 6,920.65 6,920.65 126735 09/18/2008 005786 SPRINT Text Message Retrieval 30.00 30.00 126736 09118!2008 006145 STENO SOLUTIONS Aug transcription srvcs:Police 2,490.08 2,490.08 TRANSCRIPTION 126737 09/18/2008 010924 T & D COMMUNICATIONS, INC. Cabling srvcs:Library 1,036.52 Cabling srvcs:City Hall 259.37 Cabling srvcs:TCC 2,253.81 3,549.70 126738 09118!2008 000305 TARGET BANK BUS CARD SRVCS Misc supplies:theater 107.73 Misc supplies:FAM pgrm 160.00 Misc supplies:FAM pgrm 15.65 Misc supplies:Tiny Tots pgrm 34.42 Misc supplies:Tiny Tots pgrm 54.62 Misc supplies:mpsc 64.60 437.02 126739 09/18!2008 009500 TEMEC ELECTRONICS, INC Aug supplies: PW Traffic/Library 313.12 313.12 126740 09/18/2008 010362 TEMECULA RESTAURANT filtration system: stn 84 369.03 369.03 SUPPLY 126741 09!1812008 004788 TEMECULA ROOFING Res Imp Prgm: Hays, Carolyn 2,566.00 2,566.00 126742 09/18/2008 011736 TEMECULA TROPHY INC nameplate: B. Hagel 9.16 Awards & trophies:F1T pgrm 218.73 227.89 Page:11 apChkLst Final Check List Page: 12 09!18!2008 11:57:37AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126743 09118!2008 010046 TEMECULA VALLEY July'08 Bus. Imprv District Asmnts 47,462.60 47,462.60 CONVENTION & 126744 09/18/2008 000978 TIP OF SW RIVERSIDE COUNTY 4th ann'I HeroeswlHearts 9/27 exec 1,000.00 1,000.00 INC 126745 09118!2008 003031 TRAFFIC CONTROL SERVICE INC Aug maint supplies: PW maint div 57.86 57.86 126746 09/18/2008 010276 TW TELECOM Sept high speed Internet Fire Stn 92 44.95 44.95 126747 09118!2008 002702 U S POSTAL SERVICE Postage meter deposit 3,528.67 3,528.67 126748 09/18/2008 010169 UNITED TOWING SERVICE, INC Towing services-Police 240.00 240.00 126749 09/18!2008 000325 UNITED WAY United Way Charities Payment 69.00 69.00 126750 09118!2008 012311 VALDEZ, DEBORAH refund:ballroom dance lessons 112.00 refund:ballroom dance lessons 14.00 126.00 126751 09118!2008 004261 VERIZON Sept xxx-5072 general usage 4,948.20 Sept xxx-7562 irrigation controller 35.83 Sept xxx-6812 General usage 87.94 Sept xxx-2372 Wlf Grk Irrg Cntrl 33.89 Sept xxx-1941 PTA CD TTACSD 68.07 Sept xxx-1341 Theater 420.11 Sept xxx-3910 1st St Irrigation 36.91 Sept xxx-0682 Civic Center Camera 91.78 5,722.73 126752 09118!2008 004848 VERIZON SELECT SERVICES INC Sept Icng distance phone svcs 925.14 925.14 126753 09/18/2008 001890 VORTEX DOORS bay door repairs:Fire Stn 73 2,652.38 2,652.38 126754 09118!2008 003730 WEST COAST ARBORISTS INC Trim trees:nicholas rd/paloma del sol 650.00 Tree removal srvcs:var. City locations 3,084.00 3,734.00 126755 09/18/2008 000621 WESTERN RIVERSIDE COUNCIL WRCOG contribution:clean prgm 5,000.00 OF WRCOG report & membrshp 7,183.00 12,183.00 126756 09/18/2008 011963 YAKAR c/o #1 pmt:roller hockey rink prjt 16,952.65 16,952.65 126757 09118!2008 012297 YOUNGBLOOD, GARY AND release claims agreement pmt 237.01 237.01 KATHLEEN Page:12 apChkLst Final Check List Page: 13 09!1812008 11:57:37AM CITY OF TEMECULA Grand total for UNION BANK OF CALIFORNIA: 1,949,074.20 Page:13 apChkLst Final Check List Page: 14 09!1812008 11:57:37AM CITY OF TEMECIJLA 166 checks in this report. Grand Tatal All Checks: 1,949,074.20 Page:14 apChkLst Final Check List Page: 1 09125/2008 1:09:d 9PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 126758 09!2512008 OD0434 AGCELA.COM Accela training: Info Sys 1,000.00 1,OOO.OD 126759 09/25/2008 001375 AMERICAN CONSTRUCTION AG Plant Insp Cf 10111 Rialto 105.00 105.00 126760 09125!2008 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 765.00 DUI & drug screenings: Police 746.00 1,511.00 126761 09/25!2008 000101 APPLE ON E INC temp help ppe 916: Ortiz, V 284.00 temp help ppe 916: Tuley-Fuson 469.38 temp help ppe 9113: Ortiz, V 71.00 temp help ppe 9113: VUlson, L 1,365.20 temp help ppe 916: Wilson, L 1,058.03 3,247.61 126762 09/25!2008 011237 ARROW CHARTER LINES INC transportation:day camp 8/14 2,714.13 Padres Excursion:Smart Pgm 8125 741.04 3,455.17 126763 09!2512008 OD2648 AUTO CLUB OF SOUTHERN Membership: 56332042 JO 47.00 CALIF Membership: 076766025 DA 47.00 Membership: 045277943 JB 47.00 Membership: 52766099 PJ 47.00 188.00 126764 09125!2008 010923 AXCELERATE NETWORKS, INC Computer Firewall Maint:lnfa Sys 2,013.45 2,013.45 126765 09/25!2008 011954 BAKER & TAYLOR INC (59) Book Purchase: Library 833.93 (28) Book Purchase: Library 512.66 1,346.59 126766 09/25!2008 012303 BAKER, VANESSA E. refund: overpayment cite 61361 300.00 300.00 126767 09125!2008 OD2541 BECKER CONSTRUCTION SRVS Street Maint: PW Maint 7,760.00 7,760.00 INC 126768 09/25/2008 012334 BEILE, MATTHEW Employee Computer Loan Program 2,ODO.DD 2,OOO.OD 126769 09125!2008 011966 BENNY BIRD COMPANY INC, THE Theater Performance: 1014108 18,600.00 18,600.00 126770 09/25/2008 OD4380 BOY SCOUTS OF AMERICA (8) staff Dist Ctzn Awrd dinner 10/1 1,500.00 1,500.OD 126771 09/25!2008 012186 BULLS EYE MANAGEMENT Theater Performance: 10!3!08 9,300.00 9,300.00 126772 09/25!2008 003138 CAL MAT PW patch truck materials 208.77 PW patch truck materials 290.38 PVUpatch truck materials 687.18 1,186.33 Page:1 apChkLst Final Check List Page: 2 09/25/2008 1:09:4 9PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126773 09/25!2008 012328 CALCE, FLORENCE refund: Fit, Fun & Fab 25.20 25.20 126774 09/25/2008 005384 CALIF BAGEL BAKERY& DELI refreshments: Council mtg 919 251.06 251.D6 126775 09/25/2008 002520 CALIF T'S SCREENPRINTING Uniforms: PW Maintenance 60.00 60.00 126776 09/25!2008 011301 CALLAWAY MOTORSPORTS motorcycle repairlmaint: Police 397.50 397.50 126777 09125!2008 004228 CAMERON WELDING SUPPLY Misc Supplies: PUV Maint 370.79 370.79 126778 09/25/2008 004971 CANON FINANCIAL SERVICES, Oct copier leases: City Facilities 4,556.05 4,556.05 INC 126779 09!2512008 009815 CARD QUEST INC ID Card Printer Ribbon: CRG 264.31 264.31 126780 09/25/2008 012327 CARETTO, MINDY refund: Bowers excursion 9/9 24.00 24.00 126781 09/25/2008 011510 CATO GEOSCIENCE INC Aug cnslt svcs:GoronalTem 115 23,043.50 23,043.50 126782 09/25!2008 005708 CLEAR CHANNEL advertising: hot summer nights 1,440.00 BROADCASTING INC advertising: hot summer nights 1,560.00 3,000.00 126783 09/25!2008 012323 COMMERICAL VEHICLE SAFETY 08 Out of Svc Criteria Hndbk:PD 48.76 48.76 126784 09/25/2008 000447 GOMTRONIX OF HEMET earphone kits:PD volunteers 377.13 377.13 126785 09/25!2008 006303 CONDUIT NETWORKS, INC Adobe Acrobat Pro pgrm:Finance 430.00 430.00 126786 09/25/2008 012333 COTA, CHARLEY refund: "Starry Nights" 17.95 17.95 126787 09!2512008 010433 COUNTRYMAN ASSOCIATES INC Microphone Repair: Theater 150.65 150.65 126788 09/25/2008 004123 D L PHARES & ASSOCIATES Oct lease pmt:PD Old Twn store 2,681.52 2,681.52 126789 09125!2008 005774 DEANS WHOLESALE FLOWERS floral arrangements:MPSC event 362.85 362.85 126790 09/25!2008 003006 DEWITT CUSTOM PAINTING Res Imp Prgm: Bosewell, Stella 2,400.D0 2,400.00 Paget apChkLst Final Check List Page: 3 09125/2008 1:09:49PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 126791 09/25!2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW Maint INC Fuel for City vehicles: Code EnfJPln Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW CIP Fuel for City vehicles: PW Lnd Dv Fuel for City vehicles:PW(TCSDICC Fuel for City vehicles: TCSD Fuel for City vehicles: B&S 126792 09/25!2008 012217 DUDEK Aug cnslt secs: MSR-LAFCO 126793 09/25!2008 000523 EASTERN MUNICIPAL WATER DIST 126794 09/25!2008 004068 ECALDRE MANALILI-DE VILLA, AILEEN 126795 09/25/2008 000395 ECONOMIC DEVELOPMENT CORP 126796 09/25/2008 012339 ELLSWORTH, MICHAEL 126797 09/25/2008 002939 ENVIRONMENTAL SYSTEMS RESEARCH 126798 09/25/2008 012304 FIGUEROA, RICARDO Sep 39569 Seraphina Rd Sep 95366-02 Deigo Dr Ldscp TCSD Instructor Earnings TCSD Instructor Earnings-Beg Keikis TCSD Instructor Earnings-Adv. Keikis TCSD Instructor Earnings-AdvAdults TCSD Instructor Earnings-Int Keikis TCSD Instructor Earnings-Beg Teens 9125 (4) Employees:AA1GW/CD1TM Reimb: conference 8125-8128 GIS software maint: Info Sys refund: overpayment cite 63039 Amount Paid 1,869.03 762.59 100.91 245.66 684.38 253.66 2,530.91 455.14 10,148.00 425.46 184.58 157.50 204.75 94.50 94.50 204.75 299.25 160.00 175.50 14,142.87 55.00 Check Total 6,902.28 10,148.00 610.04 1,055.25 160.00 175.50 14,142.87 55.00 Page3 apChkLst Final Check List Page: 4 09125/2008 1:09:49PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 126799 D912512008 003347 FIRST BANKCARD CENTER PAYPAL TT Verisign Payflow Pro Transaction CATERERS CAFE TT interview panel lunch COSTCO WHOLESALE TT Bluetooth-Lnd Dev inspectors BELLAGIO HOTEL TT Lunch-Accela Conference ODS TT Shuttle svcs-Accela Conf. ENOTEGA SAN MARCOS TT Dinner-Accela Conference VERIZON WIRELESS LLC TT Cell Phone accessories CONSTANT CONTACT INC TT monthly service fee TCSD GODFREYGROUPINC TT Black plasticframes SOUTHWEST AIRLINES WHAirFare:8120 OLIVE GARDEN WH lunch interview panel PECHANGA RESORT & CASINO WH Maint.Crew staff safety Mtng CAFE DANIEL INC AA Old Town wkng grp mtng Jul 08 CAFE DANIEL INC AA Old Town wkng grp mtng Aug 08 CAFE DANIEL INC AA Old Town wkng grp mtng Sep D8 COSTCO WHOLESALE AA Award Southcoast Winery VENETIAN CASINO RESORT. LL C MH hotel accomodations:8120 RJ VENETIAN CASINO RESORT. LLC MH hotel accomodations:08/19 DB VENETIAN CASINO RESORT, LLG MH hotel accomodations:8/19 SS VENETIAN CASINO RESORT, LLG MH hotel accamodations:8/19 TR SOUTHWEST AI RLIN ES GREEN BUILDING EDUCATION NATIONAL FIRE PROTECTION ASSN 12680D D9/2512008 01D493 FOREST CITY COMMERCIAL MGMT 126801 09/25/2008 OD7866 G C S SUPPLIES INC MH Airfare:Accela Conf. 8/19 MH school and education services MH Misc publication for fire Oct lease pmt:PD mall storefront toner cartridges: Info Sys toner cartridges: Info Sys Amount Paid 166.60 35.77 113.11 39.48 57.00 172.80 60.24 75.00 219.00 134.50 47.03 188.81 45.00 45.00 45.00 353.85 86.11 259.42 259.42 259.42 162.00 74.90 127.95 1,458.33 838.92 302.02 Check Total 3,027.41 1,458.33 1,140.94 Page:4 apChkLst Final Check List Page: 5 09125!2008 1:09:4 9PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126802 09125!2008 007964 GALLERY RESERVE PARTNERS Refund:Grading Deposit (15) lots 995.00 995.00 126803 09!25!2008 000177 GLENNIES OFFICE PRODUCTS Office Supplies: CM 215.64 INC Office Supplies: B&S 71.86 Office Supplies: Theater 228.36 Office Supplies: TV Museum 96.33 Office Supplies: Library 77.45 Office Supplies: Info Sys 269.94 Office Supplies: Fire Dept 1,016.72 Office Supplies: Records 63.91 Office Supplies: TCSDICRCITCC 509.08 Office Supplies: CRC 40.78 Office Supplies: Finance 339.19 Office supplies: PW CIP/Admin 315.95 3,245.21 126804 09/25!2008 009608 GOLDEN VALLEY MUSIC sttlmnt: Curtain Up 9113 1,252.96 SOCIETY Classics at the Merc 1013 5,250.00 6,502.96 126805 09/25!2008 003792 GRAINGER Misc Supplies: Theater 154.44 Shelving: TCC 643.44 Storage Containers: Paramedics 989.16 1,787.04 126806 09/25/2008 012262 GRISSE, NILS advertising: hot summer nights 1,950.00 1,950.00 126807 09/25!2008 004188 HARRIS & ASSOCIATES Aug eng design svcs:Pvmnt Rehab 9,543.00 9,543.00 126808 09/25!2008 001135 HEALTHPOINTE MEDICAL pre-employment physicals: HR 75.00 75.00 GROUPING 126809 09/25!2008 001013 HINDERLITER DE LLAMAS & 1st qtr sales tax cnslt svc:Finance 2,352.77 2,352.77 ASSOC 126810 09125!2008 011342 I A C ENGINEERING INC. Aug Const:Murr Crk Multi Trail 220,973.64 220,973.64 126811 09/25/2008 003266 IRON MOUNTAIN OFFSITE Aug tape storage:CC/Records 552.27 552.27 126812 09/25/2008 012305 JOHNSON, SUSAN refund: overpayment cite 66069 300.00 300.00 126813 09125!2008 012318 KEHLER, PAUL MasterlCeremonies 9119-20 325.00 325.00 126814 09125!2008 002424 KELLEY DISPLAY INC car show banner maint:eco dev 3,384.66 Race/Cure banner maint:eco dev 1,632.33 5,016.99 Pagea apChkLst Final Check List Page: 6 09/25/2008 1:09:4 9PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126815 09/25!2008 012310 KILLOP, KEVIN refund: overpayment cite 63087 65.00 65.00 126816 09/25/2008 012308 KNURCK, CAROLYN refund: overpayment cite 28475 350.00 350.00 126817 09125!2008 009336 KOPIE SHOP LLC stickers:Temecula Film Festival 242.44 242.44 126818 09/25!2008 007188 LAERDAL MEDICAL CORP. CPR Supplies: Fire 1,236.92 1,236.92 126819 09125!2008 012218 LAKE CHEVROLET repairlmaint: TCSD Bus 115.25 115.25 126820 09/25/2008 012065 LANCE, SOLL & LUNGHARD LLC 07108 City audit svcs: Finance 1,845.00 07108 City audit svcs: Finance 4,311.00 07!08 City audit svcs: Finance 15,204.00 21,360.00 126821 09125!2008 003975 LAWRENCE, JEFF Reimb: FIT Finale 5110k 9114 145.44 145.44 126822 09125!2008 009388 LETS GET PERSONAL Uniforms: Code Enforcement 1,297.98 1,297.98 126823 09125!2008 003726 LIFE ASSIST INC Misc Medical Supplies: Paramedics 1,132.71 1,132.71 126824 09/25!2008 002784 MAILBOX, THE Subscription renewal-CRC 29.95 29.95 126825 09/25/2008 001967 MANPOWER TEMPORARY Temp help:tcsd-Annette Paed 8124 205.62 205.62 SERVICES 126826 09/25/2008 002666 MASON & MASON REAL ESTATE Appraisal srvcs: French Vly Pkwy 47,000.00 47,000.00 126827 09!2512008 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings-JR golf 175.00 TCSD Instructor Earnings-wmns golf 630.00 TCSD Instructor Earnings-Beg. Golf 579.60 TCSD Instructor Earnings-SR golf 84.00 1,468.60 126828 09/25!2008 007210 MIDORI GARDENS install 500 sq ft of sod:sunset park 535.00 Mainline repairs - var park sites 439.21 Mainline repairs - var park sites 188.59 1,162.80 126829 09/25/2008 011440 MILLMORE'S WAX CREW Car wash srvcs: Planning 30.00 Mobile car wash: PUV Department 100.00 Mobile car wash: PVV Department 40.00 170.00 Page6 apChkLst Final Check List Page: 7 09/25/2008 1:09:4 9PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126830 09125!2008 001384 MINUTEMAN PRESS printing service: business cards- Fire 80.81 Business cards: T Ross 44.95 2 boxes of Promenade Mall generic 96.87 222.63 126831 09/25/2008 005006 NBS GOVERNMENT FINANCE Spcl tax admin srvcs:finance dept 10,512.86 10,512.86 GROUP 126832 09!2512008 008528 NICHOLS, MELBURG & ROSETTO Jul Design Svcs: Givic Ctr 17,638.82 Jul Eng Svcs: Civic Ctr 1,538.15 Jul Eng Svcs: Civic Ctr 117,311.30 136,488.27 126833 09/25!2008 009337 NOLTE ASSOCIATES INC Aug Eng Svcs:Tem Creek Crossing 17,940.07 Aug eng svcs:Ped/Bike Bridge 847.06 18,787.13 126834 09/25!2008 002139 NORTH COUNTY TIM ES Advertising:TCSD 124.99 124.99 126835 09/25!2008 009570 O C B REPROGRAPHICS Reproduction svc: PW CIP Division 13,767.83 13,767.83 126836 09/25/2008 012325 OLD TOWN CENTER 1 LLC refund:Plan check fees PA06-0338 2,059.00 2,059.00 126837 09!2512008 002105 OLD TOWN TIRE & SERVICE Veh repairs & maint: tcsd maint div 440.82 Vehicle repair & maint:pw traffic div 278.30 Veh repair & maint:pw land dev div 36.27 Veh repair & maint:pw maint div 79.37 Veh repair & maint:pw maint div 257.57 Veh repair & maint:pw maint div 87.50 Veh repair & maint:pw maint div 102.74 Veh repair & maint:pw maint div 53.72 Veh repair & maint:pw maint div 166.48 Veh repair & maint:pw maint div 667.46 2,170.23 126838 09125!2008 012306 OLSTEAD, HERBERT RICHARD Refund:Parking Cite dismissed 60.00 60.00 126839 09!2512008 001171 ORIENTAL TRADING COMPANY Misc Supplies:Harvest Carnival 19.96 INC Misc Supplies:Harvest Carnival 27.45 Misc rec supplies:children'srnuseum 98.81 146.22 126840 09/25/2008 012326 PENSKE TRUCK LEASING refund:Planning refundable deposit 311.10 311.10 126841 09/25!2008 002498 PETRA GEOTECHNICAL INC Jul geotech svcs:murr creek trails 2,000.00 2,000.00 126842 09125!2008 000249 PETTY CASH Petty Cash Reimbursement 577.50 577.50 Page:? apChkLst Final Check List Page: 8 09/25/2008 1:09:4 9PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126843 09/25!2008 007484 PHILIPS MEDICAL SYSTEMS INC CPR Materials: Fire 989.95 989.95 126844 09!2512008 011660 PLANNET CONSULTING Aug cnslt secs: Civic Cntr Master Plan 147.00 147.OD 126845 09/25/2008 OD0262 RANCHO CALIF WATER DISTRICT Varicus Water Meters 22,075.66 SEP 01-0410033-2 Margarita Rd 53.40 Various Water Meters 438.88 22,567.94 126846 09/25!2008 000262 RANCHO CALIF WATER DISTRICT Habitat Way waterline extension 187.31 187.31 126847 09/25!2008 002110 RENTAL SERVICE Equip rental: pw maint div 77.92 77.92 CORPORATION 126848 09125!2008 004498 REPUBLIC INTELLIGENT Street light maint:citywide 619.50 619.50 126849 09/25!2008 000353 RIVERSIDE CO AUDITOR May '08 prkg citation assessments 10,984.73 Jun'08 prkg citation assessments 8,611.69 19,596.42 126850 09125!2008 001365 RIVERSIDE COUNTY OF Services: April-June 2008 7,615.49 7,615.49 126851 09!2512008 D01365 RIVERSIDE COUNTY OF renew permit: Comm. Rec. Cntr 663.00 663.OD 126852 09/25/2008 012129 SHAKESPEARE IN THE VINES Settlement, Sept 19, 2D & 21, 2008 1,805.72 1,805.72 126853 09/25!2008 009213 SHERRY BERRY MUSIC Settlement, Sept 18, 2008 262.50 262.50 126854 09/25!2008 004814 SIMON WONG ENGINEERING INC Aug Design Svcs: Main St Bridge 24,800.65 24,800.65 126855 09/25!2008 000645 SMART & FINAL INC Misc Supplies:high hopes pgrm 98.77 Misc supplies:mpsc 176.69 Misc supplies: HR event 235.31 510.77 126856 09/25/2008 OD0374 SO CALIF EDISON Electrical service -Town Square area 983.88 983.88 126857 09/25/2008 OD0537 SO CALIF EDISON Sep 2-30-099-3847 Rancho Calif Rd 61.34 Sep 2-28-904-7706 Overland Trail 174.08 Sep 2-28-331-4847 Pauba Rd 113.63 349.05 126858 09/25!2008 001212 SO CALIF GAS COMPANY Sep 05x475-6169-5 PBSP 213.65 Sep 125-244-2108-3 Library 14.79 Sep 09x167-7907-2 Fire Stn 84 134.75 363.19 Page:B apChkLst 09/25/2008 1:09:49PM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126859 09/25!2008 004511 SO CALIF GAS COMPANY new gas svc lateral - Civic cntr 3,055.86 3,055.86 126860 09/25/2008 000293 STADIUM PIZZA ING Refreshments:children mus training 57.70 57.70 126861 09/25/2008 001505 STEEPEN, SUE Refreshemnts:School Brd Mtg 9122 76.62 76.62 126862 09/25!2008 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings-belly dance 201.60 TCSD Instrct Earngs-beg belly dance 336.00 TCSD Instructor Earnings-belly dance 705.60 1,243.20 126863 09/25/2008 000305 TARGET BANK BUS CARD SRVCS Misc supplies:sister cities pgrm 66.59 Misc Supplies: SMART program 57.05 Summer Day Camp supplies 39.79 Misc rec supplies:crc 43.06 Misc Supplies: SMART program 29.97 Misc supplies:high hopes pgrm 25.35 Misc Supplies: SMART program 58.61 Misc Supplies: SMART program 1.19 Misc Supplies: SMART program 26.88 Misc supplies:senicr swing dance 26.72 Misc Teen Rcom Supplies 223.64 598.85 126864 09/25!2008 012329 TELIS, MICHELE refund:meeting Rm cancellation 265.00 265.00 126865 09/25!2008 011275 TEM. VLY GIRLS SOFTBALL Refund: Snack bar deposit 200.00 200.00 ASSOC. 126866 09/25!2008 001035 TEMECULA ENVIRONMENTAL Jan-Jun 08 Trash hauling services 174,691.78 174,691.78 126867 09/25/2008 008218 TEMECULA MO, LLC refund:engnr. dep. 30719 Map Teme 995.00 995.00 126868 09!2512008 011736 TEMECULA TROPHY INC Trophys: Film Festival Awards 667.51 Recognition Awards: HR-emp of qtr 65.67 Recognition ribbons:mpsc anniv event 207.96 name plate: Phil Rawlins 9.16 950.30 126869 09/25/2008 009331 TEMECULA VALLEY AMERICAN Refund: Snack bar Deposit 200.00 200.00 126870 09/25/2008 012330 TEMECULA VALLEY CENTRAL Refund: Snack Bar Deposit 200.00 200.00 126871 09/25!2008 004190 TEMECULA VALLEY FILM Settlement, September 20, 2008 13.00 13.00 FESTIVAL Page9 apChkLst Final Check List Page: 10 09/25/2008 1:09:4 9PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126872 09/25!2008 003067 TEMECULA VALLEY R V SERVICE refund:engineerdep. 3841Tract Map 995.00 995.00 126873 09!2512008 011090 TEMECULA VALLEY Transportation Srvcs:PublicArt Gamm 383.50 383.50 TRANSPORTATION 126874 09/25/2008 000919 TEMECULA VALLEY UNIFIED Jul-Aug City vehicles fuel usage 1,671.78 1,671.78 SCHOOL 126875 09/25/2008 009176 TICKET ENVELOPE COMPANY Window envelapes:theater 1,135.OD 1,135.00 126876 09/25/2008 000668 TIMMY D PRODUCTIONS INC DJ srvcs:middle school dance 9119108 450.00 450.00 126877 09!2512008 010276 TW TELECOM Sep high speed Internet Stn 92 116.75 116.75 126878 09125!2008 004759 TWIN GRAPHICS Veh graphics:pol units 09-083,09-086 1,131.38 1,131.38 126879 09/25!2008 004036 U S FLAG ETIQUETTE Reg:notification serv. Pres.Proc. 60.00 60.00 126880 09/25/2008 012309 VARELA, RUBEN Refund:Parking Gite dismissed 325.00 325.00 126881 09/25/2008 004261 VERIZON Sep xxx-5473 Moraga Rd 34.67 Sep xxx-8573 general usage 33.89 Sep xxx-4723 Police Storefront 34.97 Sep xxx-0073 general usage 257.45 Sep xxx-3143 PD Overland Office 40.31 Sep xxx-5275 PD DSL 34.97 Sep xxx-0074 general usage 292.08 Sep xxx-6084 general usage 32.87 Sep xxx-0714 PD Mall Alarm 35.83 Sep xxx-3564 alarm 67.79 864.83 126882 09/25!2008 004789 VERIZON ONLINE Internet svcslEOC backup @ stn 84 439.95 439.95 126883 09/25/2008 012331 VIENNEAU, MICHELLE refund:cartaoning w/bigfoot-cancel 80.00 Refund:basketball skills- cancelled 30.00 110.00 126884 09/25/2008 010283 W B PRODUCTIONS Timing srvcs:FlT 5 k Run event 1,766.75 1,766.75 126885 09/25/2008 012307 WAGNER, WALLY FRED Refund:Parking Gite dismissed 300.00 300.00 126886 09/25!2008 011879 WELLPROFIT INTERNATIONAL refund:Planning refundable deposit 621.00 621.00 Page:10 apChkLst 09/25/2008 1:09:49PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 126887 09/25!2008 012324 WEST DALLAS INC 126888 09/25/2008 000348 ZIGLER, GAIL 126889 09125!2008 012332 ZUNIGA, BRENDA Final Check List CITY OF TEMECULA Page: 11 (Continued) Description Amount Paid Check Total refund:Bldg/Fire permit 116.00 116.00 Refreshments:l0/4 Encore Event 435.00 435.00 Refund:Tribal Belly Dance-cancelled 35.00 35.00 Grand total for UNION BANK OF CALIFORNIA: 822,723.93 Page:11 apChkLst Final Check List Page: 12 09l25/2U08 1:09:49PM CITY OF TEMECIJLA 132 checks in this report. Grand Tatal All Checks: 922,723.93 Page:12 apChkLst 10lD2(2008 11:55:50AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1131 10/D212008 000642 TEMECULA CITY FLEXIBLE Ohild Care Reimbursement Payment 0.00 Child Care Reimbursement Payment 9,986.41 9,986.41 1132 10!02!2008 OD0246 PERS (EMPLOYEES' PERS ER Paid MemberContr Payment 131,106.91 131,106.91 RETI REM ENT) 1133 10/0212008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 22,673.56 22,673.56 SOLUTION 1134 10/D212008 000389 NATIONWIDE RETIREMENT OBRA-Project Retirement Payment 4,078.22 4,078.22 SOLUTION 1135 10!0212008 000283 INSTATAX(IRS) FederallncomeTaxesPayment 96,830.08 96,830.08 1136 10/0212008 000444 INSTATAX (EDD) State Disability Ins Payment 24,445.69 24,445.69 1137 10!02!2008 OD0245 PERS -HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 79,689.16 Blue Shield HMO Payment 0.00 79,689.16 126890 10/0212008 012348 79 SOUTH MEDICAL PLAZA LLC refund:eng deposit:PM28036 995.00 995.00 126891 10/02/2008 003552 A F L A C AFLAC Cancer Payment 3,277.42 3,277.42 126892 10!02!2008 001700 A PLUS TEACHING MATERIALS Misc Supplies: Tiny Tot Pgrm 70.39 70.39 126893 10/0212008 007186 AB MAILING SOLUTIONS mailing svcs:Temecula Presents 247.11 247.11 126894 10/0212008 008552 ADKINS DESIGN CONSULTING design svcs:Yth Media Arts Fest 1,616.25 1,616.25 126895 10!02!2008 008698 ADVANCED APPLIED Jul eng svcs:79S Park & Ride 6,991.21 6,991.21 ENGINEERING 126896 10/0212008 012245 ALEGRIA, GLENDA FAY Support Payment 1,091.00 1,091.00 126897 10/0212008 004767 ALERT ALL CORPORATION educational items: Fire Prevention 2,973.90 2,973.9D 126898 10/02/2008 003951 ALL AMERICAN ASPHALT Jul const svcs:slurry seal citywide 197,995.50 Aug const svcs:slurry seal citywide 226,840.70 424,836.20 126899 10/0212008 009374 ALLEGRO MUSICAL VENTURES piano maint svc: Theater 140.00 piano maint svc: Library 140.00 280.00 Page:1 apChkLst 10!02(2008 11:55:50AM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126900 10/02!2008 006915 ALLIE'S PARTY EQUIPMENT rental supplies:9l11 Remembrance 46.94 46.94 126901 10102/2008 OD8714 ALPHA CORP SIRE software maint: Info Sys 3,109.07 3,109.07 126902 10/0212008 OD1947 AMERICAS Propane fuel: Stn 73 197.54 197.54 126903 10/0212008 000101 APPLE ON E INC temp help ppe 9113: Tuley-Fuson 600.80 600.80 126904 10/02!2008 002987 ARMSTRONG DEVELOPMENT refund:eng deposit:PM19580 750.00 750.00 SERVICES 126905 10/0212008 003203 ARTISTIC EMBROIDERY staff uniform shirts: TCSD 377.13 377.13 126906 10l0?J2008 D03376 ARTS COUNCIL, THE 1st qtr grant: Cultural Arts 10,000.00 10,OOO.OD 126907 10/02/2008 OD2648 AUTO CLUB OF SOUTHERN Membership: 21309735 RJ 76.00 CALIF credit:AAA Plus cvrg 21309735 -29.00 Membership: 14310604 NF 47.00 Membership: 42114932 DC 47.00 141.00 126908 10/0212008 011438 BAKER, BLYTHE EDEN TCSD Instructor Earnings 150.00 150.00 126909 10/02/2008 OD3466 BASKETS & BALLOONS TOO! promotional basket: Econ Dev 53.88 53.88 126910 10102/2008 OD4386 BEAR COMMUNICATIONS INC Radio Rental: FIT Pgrm 235.90 235.90 126911 10/0212008 OD9998 BEARSHEAR, JEFF Reimb: Traffic Signal training 9/21-23 133.04 133.04 126912 10/0212008 002541 BECKER CONSTRUCTION SRVS erosion control: Montezuma 1,625.00 INC erosion control: citywide 17,430.00 19,055.00 126913 10/0212008 012347 BENDER, CHIEKO refund: Basic Dog Obedience 125.00 125.00 126914 10102!2008 004040 BIG FOOT GRAPHICS Logo design: 3109 Special Games 350.00 350.00 126915 10/0?J2008 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 1,189.60 DUI & drug screenings: Police 1,077.50 DUI & drug screenings: Police 816.22 3,083.32 126916 10/0212008 009127 BOCA SYSTEMS INC ticket printing svcs: Theater 1,570.49 1,570.49 Paget apChkLst Final Check List Page: 3 10!02(2008 11:55:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126917 10/0212008 012350 BREWER CONSULTING INC refund:eng deposit:TM3883 Lot 255 995.00 995.00 126918 10102/2008 004176 BROADWING Long distance & Internet secs 741.OD 741.00 TELECOMMUNICATIONS 126919 10/02/2008 012340 BRYANT, WARREN A. sttlmnt:10/4 Theater performance 600.00 600.00 126920 10102/2008 011373 BURNS, SCOTT Reimb:Crash Data Retrieval 9/15108 21.80 Reimb:Crash Data Retrieval 9116-19 66.36 88.16 126921 10/0212008 005292 BUTLER, GREG Employee Computer Loan Pgrm 2,000.00 2,000.00 126922 10/02!2008 012274 BUTLER, SUMMER refund: All Star Cheer & Dance 15.00 15.00 126923 10/02/2008 009082 C B C TECHNICAL INC mist supplies: Theater 203.21 mist supplies: Theater 32.94 236.15 126924 1010212008 003138 CAL MAT PW patch truck materials 240.29 PVV patch truck materials 361.50 PVV patch truck materials 360.69 962.48 126925 10/0212008 012276 CAL PASEO DEL SOL LLC, C/O refund:eng deposit:TM24188 995.00 995.00 NEWLAND COMMUNITIES 126926 10/0212008 000924 CALIFASSOC OF PUBLIC '09 CAPPO Cf:S.Francisco 1119-23 475.00 475.00 126927 10/0212008 010349 CALIF DEPT OF CHILD SUPPOR T Support Payment Case # DF099118 25.00 25.00 126928 10/0212008 004248 CALIF DEPT OFJUSTICE- DUI & drug screenings: Police 1,435.00 1,435.00 ACCTING 126929 10/0212008 000152 CALIF PARKS & RECREATION CPRS Mini-Cf Bass Lake 1115-8 390.00 390.00 SOC 126930 10/0212008 001590 CALIF REDEVELOPMENTASSN 08109 mb dues:City of Temecula 9,125.00 9,125.00 126931 10l0?J2008 004837 CHERRY VALLEY FEED & PET mist food & supplies: PD K-9 155.12 155.12 SUPLY 126932 10/02/2008 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,794.83 City vehicles fuel: CM 337.54 2,132.37 126933 10/0?J2008 004609 CINTAS DOCUMENT dot shredding svcs: CCIPD 132.50 132.50 MANAGEMENT Page:3 apChkLst Final Check List Page: 4 10!02(2008 11:55:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126934 10/0212008 007044 CLAIM JUMPER RESTAURANT refreshments: l0/4 Theater event 1,803.74 1,803.74 126935 10102/2008 008594 COMMUNITY BANK Aug escrw#1192:A11 American Asphalt 25,204.52 Jul escrw 1192:A11 American Asphalt 21,999.50 47,204.02 126936 10l0?J2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00 126937 10/0212008 000447 COMTRONIX OF HEMET Radio Installation: Info Sys 4,102.08 4,102.08 126938 10/0212008 006303 CONDUIT NETWORKS, INC computer equip: Info Sys 2,180.00 2,180.00 126939 10/02!2008 010865 CONSTANT CONTACT INC Temecula Theater email svc 1 yr 630.00 630.00 126940 10/02/2008 012035 COOLAIR SOLUTIONS INC Res Imp Prgm: Ybarra, Lisa 3,686.00 3,686.00 126941 10102/2008 001264 COSTCO WHOLESALE Supplies:Film Festival 9108 172.76 172.76 126942 10/0212008 003945 DIAMOND ENVIRONMENTAL portable restroom:teen dance 9119 214.56 214.56 SRVCS 126943 10102/2008 004222 DIAMONDBACK FIRE & RESCUE, Fire Equipment: Stn 73 528.01 528.01 INC 126944 10/02/2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Police 106.43 INC Fuel for City vehicles: PW/CC/1S 128.57 Fuel for City vehicles: TCSDIPW 2,436.39 2,671.39 126945 10/0212008 011202 E M H SPORTS & FITNESS TCSD instructor earnings 714.00 TCSD instructor earnings 196.00 910.00 126946 10/0212008 012222 EAGLE PUMP SERVICES INC fountain parts: duck pond 687.98 687.98 126947 10/02/2008 011292 ENVIRONMENTAL SCIENCE Aug CEQA cnslt svcs: Planning 2,053.70 ASSOC. Jul cnslt svcs:Mercedes Benz 17,988.95 20,042.65 126948 10/0?J2008 000165 FEDERAL EXPRESS INC 9112 express mail svcs: Citywide 825.27 825.27 126949 1010212008 001511 FIELDMAN ROLAPP & Financial advisory servs 1,394.40 1,394.40 ASSOCIATES Page:4 apChkLst 10!02(2008 11:55:50AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126950 10/0212008 000166 FIRST AMERICAN TITLE lot book rpt:43945 Northgate Ave 75.00 COMPANY lot book rpt:45492 Tournament Ln 75.00 lot hook rpt:43480 Corte Almeria 75.00 lot book rpt:30406 Danube Ct 75.00 lot book rpt:40185 Tanager Cr 75.00 lot book rpt:39382 Oak Cliff Dr 75.00 lot book rpt:43933 Northgate Ave 75.00 lot book rpt:45033 Putting Gr Ct 75.00 lot book rpt:41080 Ave Verde 75.00 lot book rpt:45577 Tournament Ln 75.00 lot book rpt:30697 E Loma Linda 75.00 lot book rpt:31166 Saho Ct 75.00 lot book rpt:41934 Main St 75.DD lot book rpt:45165 Putting Gr Ct 75.00 lot book rpt:33295 Ave Bicicleta 75.00 lot book rpt:45861 Classic Way 75.00 lot book rpt:45928 Clubhouse Dr 75.00 1,275.00 126951 10/02x2008 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 824.30 824.30 126952 10/0212008 007831 FRIENDS OF THE TEMECULA funds to refurbish exihibts:ChMsm 15,000.00 15,000.00 126953 10/0212008 011967 FULL VALUE ENTERTAINMENT sttlmnt: Peachcake 1013108 250.00 sttlmnt: My Last Revelation 9126 294.00 544.00 126954 10/0212008 007866 G C S SUPPLIES INC toner cartridges: Info Sys 161.63 161.63 126955 1D/0212008 010326 G E MOBILE WATER, INC osmosis washer maint: Stn 73 52.00 osmosis washer rent:Stn 73 23.71 75.71 126956 10/02/2008 010028 G M BUSINESS INTERIORS mist ergonomic equip: Planning 695.34 695.34 126957 10/0212008 004514 G T S I CORP mist vehicle equip: Fire 3,277.73 3,277.73 126958 10/0212008 000177 GLENNIES OFFICE PRODUCTS Office Supplies: PlnlGode Enf 313.29 313.29 INC 126959 10/0212008 003792 GRAINGER mist supplies: Theater 13.10 13.10 126960 10/0212008 004334 GUPTA, ASHOK K. refund:eng deposit:PM28530-1 995.00 995.00 126961 1D/0212008 001135 HEALTHPOINTE MEDICAL pre-employment physicals: HR 25.00 25.00 GROUPING Pagea apChkLst Final Check List Page: 6 10!0212008 11:55:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126962 10/0212008 007792 HINTON, BEVERLY L. TCSD instructor earnings 278.60 TCSD instructor earnings 142.10 420.70 126963 1010?J2008 000963 HOGAN, DAVID Retirement Medical Payment 703.00 703.00 126964 10l0?J2008 003198 HOME DEPOT, THE maintenance supplies: Library 29.95 Hardware supplies: City Hall 277.99 returned supplies: City Hall -277.99 maintenance supplies: City Hall 191.79 maintenance supplies: Library 37.50 259.24 126965 1D/0?12008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,778.41 11,778.41 303355 126966 10102/2008 011433 IGLESIA BAUTISTA JESUCRISTO refund: security dep CRC 9120 150.OD 150.00 126967 10/0?J2008 0044D6 IGOE & COMPANY INC Sept flex benefit plan pmt 382.50 382.50 126968 10/0212008 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:CRCffES 453.47 INC pool sanitizing chemicals:CRCffES 256.12 709.59 126969 10/02!2008 010119 IRS - OIC Sup Pmt Offer#1000497587 452379267 140.11 140.11 126970 10/0212008 001186 IRWIN, JOHN TCSD instructor earnings 88.20 TCSD instructor earnings 352.80 TCSD instructor earnings 367.50 808.50 126971 10102/2008 009467 LANKENAU, STEVE Reimb:ICC Inspector Cert trng 550.OD 550.00 126972 10/0212008 010592 LAREAU, LAWRENCE Reimb:Crash Data Retrieval 9/16-19 73.44 Reimb:Crash Data Retrieval 9115108 21.80 95.24 126973 10/02!2008 004905 LIEBERT, CASSIDY& WHITMORE Aug HR legal svcsforTE060-01 1,269.00 1,269.00 126974 10/0212008 010579 LINENS'N THINGS bedding supplies: Stn 84 974.81 974.81 126975 10102!2008 009904 LIVING DESERT, THE excursion 10113: MPSC 506.00 506.00 126976 10/0?J2008 012143 LOADOMETER CORPORATION weigh station equip: Police 8,590.00 8,590.00 126977 10102/2008 011980 LOOPNET INC Comm prpty srch eng fee:EcDv 750.OD comm prpty srch eng:Econ Dev 9,075.00 9,825.00 Page6 apChkLst Final Check List Page: 7 10!02(2008 11:55:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126978 10/02!2008 012267 MAD DASH CORPORATION Transportation:Sister City Prgm 9118 507.50 507.50 126979 10102/2008 004141 MAINTEX INC Custodial Supplies: CRCIINest Wing 131.67 131.67 126980 10/02/2008 001967 MANPOWER TEMPORARY temp help wle 09114 A.Paed 241.38 241.38 SERVICES 126981 10102/2008 004307 MARINE BIOCHEMISTS Sep water maint srvcs:Harv/Duck Pond 4,855.OD 4,855.00 126982 10/0212008 002046 MASTER K 9 INC Sep training for Police K-9 125.00 125.00 126983 10/0212008 000220 MAURICE PRINTERS INC combs for AOB:finance 169.17 169.17 126984 10l0?J2008 DD6571 MELODY'S AD WORKS reimb expense:Outdoar Quilt Show 414.6D 414.60 126985 10/02/2008 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,458.56 8,458.56 126986 10!0212008 OD7210 MIDORI GARDENS Mainline repairs: Wolf Crk Prk 7/3/OS 430.34 Mainline repairs: Wolf Crk Prk 7!9/08 410.89 841.23 126987 10102/2008 012349 MILLS, LORI refund:sec.depositlcrc 9121/08 150.00 refund:sec.deposit/crc 9!21/08 400.00 550.00 126988 10/0212008 004002 MILNER SIGNS Fac Imp Prgm: Donahoe & Associates 2,278.23 2,278.23 126989 10!02!2008 004586 MOORE FENCE COMPANY Res Imp Prgm: Rigsby, Sterlyn & Janie 1,094.00 Res Imp Prgm: Palmer, George & Mary 2,951.80 4,045.80 126990 10102/2008 010797 MUSSER, DAVID TCSD Instructor Earnings 168.00 168.00 126991 101D?J2008 001986 MU7~,K-SOUTHERN CALIFORNIA Oct "on hold" phone music: City HaII 61.46 Oct "on hold" phone music: FOC 98.18 159.64 126992 10/0212008 002925 NAPA AUTO PARTS mist supplies: stn 84 14.62 14.62 126993 10l0?J2008 OD0727 NATIONAL FIRE PROTECTION Educational promo items:fire prev 543.41 ASSN Nat'l Fire Alarm Code Hndbk:Fire Prev 123.10 666.51 126994 10!0212008 D08528 NICHOLS, MELBURG & ROSETTO Jul dsgn srvs:Givic Center phase II 1,723.16 1,723.16 Page:? apChkLst Final Check List Page: 8 10!02(2008 11:55:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 126995 10/0212008 002139 NORTH COUNTY TIMES Jul advertising: hot summer nights 1,279.88 Aug advertising: hot summer nights 1,279.88 Aug advertising: theater 264.78 2,824.54 126996 10/0?J2008 OD2292 OASIS VENDING Coffee & kitchen supplies:City Hall 487.92 Coffee & kitchen supplies:West Wing 70.01 Coffee & kitchen supplies:FOC 60.32 618.25 126997 10/0212008 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children'smuwum 51.84 51.84 DIV 126998 10/0212008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: TCSD 618.24 618.24 126999 10l0?J2008 OD1958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 127000 10/02x2008 000249 PETTY CASH Petty Cash Reimbursement 289.03 289.03 127001 10!0212008 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 441.00 441.OD 127002 10102!2008 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 476.30 476.30 127003 10/0212008 009717 PSOMAS Weed abatement admin srvcs:code enf 5,000.00 5,000.00 127004 10/02!2008 002072 RANCHO CALIF WATER DIST- Fees/deposit-irrigation meter:O.T. 2,865.00 2,865.00 FEES 127005 10/0212008 002072 RANCHO CALIF WATER DIST- Fees/deposit-domestic meter:O.T. 2,865.00 2,865.00 FEES 127006 10/0212008 000262 RANCHO CALIF WATER DISTRICT Sep Various Water Meters 4,257.49 Sep 01-08-38009-0 T.C.C. 81.17 4,338.66 127007 10/0212008 003591 RENES COMMERCIAL Weed & trash abatement:pw maint 8,070.00 8,070.00 MANAGEMENT 127008 10/0212008 012288 RENT A CENTER #4086 furniture rental:teen dance 9/19!08 429.34 429.34 127009 10102/2008 OD2110 RENTAL SERVICE equip rental: pw maint div 17.50 CORPORATION rental equipment: parks 1,301.63 1,319.13 Page:B apChkLst Final Check List Page: 9 10!02(2008 11:55:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127010 10/02!2008 004498 REPUBLIC INTELLIGENT Traffic signal repair & maint: PW 7/11 1,876.32 Traffic signal repair & maint: PW 8122 1,239.00 Traffic signal repair & maint: PW 7/23 2,478.00 Traffic signal repair & maint: PW 7/23 309.75 Traffic signal repair & maint: PW 7/23 309.75 6,212.82 127011 10l0?J2008 002412 RICHARDS WATSON & GERSHON Jul 20D8 legal services 123,256.54 123,256.54 127012 1010?J2008 012148 RICHARDSON TECHNOLOGIES repair HVAC #19 & #20 @ gym: crc 1,703.04 INC units #4 & #8 HVAC repair:crc 921.66 HVAC maint:city hall (pw ofc) 3,468.92 6,093.62 127013 10/0?J2008 000353 RIVERSIDE CO AUDITOR Aug'08 prkg citation assessments 9,650.56 9,650.56 127014 10/0212008 000418 RIVERSIDE CO CLERK & filing fee:Tem.Pkwy/Pech.Pkwy turn lanes 64.00 64.00 RECORDER 127015 10/0212008 000418 RIVERSIDE CO CLERK & Res Imprv Prgm: Prunty, Jeanette 29.00 29.00 RECORDER 127016 10/0212008 000418 RIVERSIDE CO CLERK & Res Imprv Prgm: Zavala, Uriel 29.00 29.00 RECORDER 127017 10/0212008 001097 ROADLINE PRODUCTS INC misc supplies:pw maint 195.50 195.50 127018 10/0212008 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 875.00 875.00 127019 10!0212008 009196 SACRAMENTO THEATRICAL Misc lighting supplies:theater 32.63 LIGHTING Equipment:film festival 226.00 credit:billing adjlFilm Festival -27.05 231.58 127020 10102/2008 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,056.85 1,056.85 127021 10/0212008 001500 SAN DIEGO REGIONAL TRAIN Oct-Dec, MarSpnisr'sAcdmy:D.Schuma 725.00 725.00 CTR 127022 10/0212008 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 127023 10/0212008 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 588.00 588.00 127024 10/0212008 005051 SEISMIC WARNING SYSTEMS INC Seismic warning system:Fire 12,486.25 12,486.25 Page9 apChkLst Final Check List 10!0212008 11:55:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 127025 10/02!2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File # 08-59437 786.80 127026 10l0?J2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File #2008061152 598.07 127027 10/0212008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File #2008058526 361.89 127028 10102/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File #2007052618 100.OD 127029 10/0?J2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 9125/08 654.00 127030 10102/2008 009746 SIGNS BY TOMORROW building signage: field ops center 81.79 127031 10/0212008 000645 SMART & FINAL INC Misc supplies:Teen Dance 9119108 91.16 Hospitality supplies: Film Festival 9108 114.81 Haspitality supplies: Film Festival 9108 68.42 Misc supplies:high hopes pgrm 102.00 Page: 10 Check Total 786.80 598.07 361.89 100.00 654.00 81.79 376.39 Page:10 apChkLst Final Check List Page: 11 10/0212008 11:55:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 127032 10/0212008 000537 SO CALIF EDISON 127033 10l0?J2008 OD1212 SO CALIF GAS COMPANY 127034 10102/2008 OD7341 SOUTH COAST WINERY, INC. (Continued) Description Sep 2-27-371-8494 Offsite Storage Sep 2-30-520-4414 Temecula Pkwy Sep 2-20-817-9929 Police O.T. Stn Sep 2-02-502-8077 Maint Fac Sep 2-00-397-5042 City Hall Sep 2-29-458-7548 Wolf Crk PED Sep 2-29-295-3510 Walf Vlly Sep 2-29-224-0173 Fire Stn Sep 2-29-223-8607 Old Twn PED Sep 2-29-807-1093 Irrigation Diaz Rd Sep 2-29-807-1226 Diaz Rd Irrigation Sep 2-29-807-1382 Irrigation Meter Sep 2-30-220-8749 N Wolf Creek Sep 2-29-953-84471Mf Vlly Rd PED Sep 2-29-657-2332 Redwood Rd PED Sep 2-1 4204-1 61 5 Front St Rdio Sep 2-02-351-4946 MPSC Sep 2-18-937-3152 T.Museum Sep 2-19-171-8568 Wedding Chpl Sep 2-29-657-2787 Winchester Rd Sep 2-29-933-3831 FOC Sep 2-30-296-9522 Rancho Vista Rd Sep 2-2x393-4681 TES Pocl Sep 2-29-953-8082 Wolf Valley Sep 2-29-953-8249 Walf Grk Dr PED Sep 2-00-397-5067 varicus mtrs Sep various meters Sept 101-525-1560-6 Fire Stn 73 rfrshmntslrental:Sister Cities 127035 10/0212008 000519 SOUTH COUNTY PEST CONTROL pest control srvcs: stn 95 INC 127036 10/0212008 000293 STADIUM PIZZA INC 127037 10/0212008 007762 STANDARD INSURANCE COMPANY 127038 10/0212008 012188 STRONG FAMILIES 127039 1010?J2008 011667 T & T JANITORIAL INC Refreshments:teen pgrms 9116 Mandatory Life Insurance Payment TCSD Instructor Earnings Sep janitorial srvcs: var. City facilities Amount Paid 27.41 1,724.62 317.59 2,856.90 10,028.45 70.52 1,789.52 3,148.95 1,782.52 18.76 17.71 18.65 522.26 16.95 16.95 34.21 2,290.73 1,389.28 97.18 18.08 2,708.71 2,457.50 801.97 22.86 16.95 1,738.98 1,643.11 71.61 1,067.12 90.00 62.70 11,239.15 35.00 7,301.76 Check Total 33,934.21 1,714.72 1,067.12 90.00 62.70 11,239.15 35.00 7,301.76 Page:11 apChkLst Final Check List Page: 12 10!0212008 11:55:50AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127040 10/02!2008 000305 TARGET BANK BUS CARD SRVCS credit:items returnedltcsd -64.64 Misc supplies:FAM pgrm 33.52 Misc supplies:senior swing dance 79.14 Misc supplies:mpsc 199.51 Misc supplies:teen dance 9119!08 906.93 1,154.46 127041 10/0212008 001547 TEAMSTERS LOCAL 911 Union Dues Payment 5,429.00 5,429.00 127042 1010?J2008 008292 TEMECULA DIESEL AUTO & City veh repair & maint:pw maint 234.22 TRUCK City veh repair & maint:pw maint 88.86 323.08 127043 10/02x2008 004260 TEMECULA STAMP & GRAPHICS stamp for Fire Prevention 26.47 26.47 127044 1010?J2008 011736 TEMECULA TROPHY INC nameplate: P. Richardson 16.16 old town chili cook-off event award 73.70 Softball awards:sports pgrm 107.53 Softball awards:sports pgrm 522.70 720.09 127045 10/0212008 003849 TERRYBERRYCOMPANY Employee Recognition: HR Service Pins 195.75 195.75 127046 10l0?J2008 007636 THERMO ENVIRONMENTAL gas sensor battery pck replacemnt:stn 73 92.17 92.17 127047 10/0?J2008 000316 THORNHILL, GARY Retirement Medical Payment 703.00 703.00 127048 10102/2008 011983 THUNDEMORKS MOBILE Vehicle Modification:Fire 5,400.04 5,400.04 ENGINEERING 127049 10/0?J2008 004145 TW TELECOM Sep City phones general usage 4,199.79 4,199.79 127050 10/0212008 010276 TW TELECOM Sep high speed Internet MPSC 38.96 38.96 127051 10/0212008 001561 U S A MOBILITY WIRELESS ING 9!20.12119 paginglrental svcs:pwltcsd 27.35 27.35 127052 10/0212008 011544 U S GREEN BUILDING COUNCIL Leed Publ.seml#90279800 M.Harold 1019 477.50 477.50 127053 10102/2008 008517 UNITED SITE SERVICES OF 9111-10/8 fence rental:Main St Bridge 26.40 26.40 CA,INC 127054 10/02/2008 000325 UNITED WAY United Way Charities Payment 63.00 63.00 Page:12 apChkLst 10!02(2008 11:55:50AM Final Check List CITY OF TEMECULA Page: 13 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 127055 10/0212008 004261 VERIZON Sep xxx-3526 fire alarm 101.70 Sep xxx-5696 Sports Complex 33.89 Sep xxx-2676 general usage 33.89 Sep xxx-2016 reverse 911 120.33 Sep xxx-7786 C. Washington 55.67 345.48 127056 10l0?J2008 004789 VERIZON ONLINE Internet Svcs/EOC backup @ stn 84 39.95 39.95 127057 10/0?J2008 012219 VIERLING, MARIKA trolley srvc:hot summer nights 8/15 750.00 credit:amount exceeds agreement -500.00 250.00 127058 10/0?12008 001342 WAXIE SANITARY SUPPLY INC custodial supplies: var. City facilities 337.19 custodial supplies: city hall 122.81 460.00 127059 10102!2008 012343 WEST COAST PERFORMING Ult. Tribute to Elvis 9/28!08 4,563.62 4,563.62 127060 10/0212008 000339 WEST PUBLISHING CORP Aug Iawlibraryjudicial updates: City 106.68 106.68 127061 10/0212008 007588 WOLNICK, GLORIA reimb:Tem.Youth Expo supplies 10/4 614.14 614.14 Grand total for UNION BANK OF CALIFORNIA: 1,320,322.15 Page:13 apChkLst Final Check List Page: 14 10/0212008 11:55:50AM CITY OF TEMECIJLA 179 checks in this report. Grand Tatal All Checks: 1,320,322.15 Page:14 ITEM R1C~. 4 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: October 14, 2008 SUBJECT: City Treasurer's Report as of August 31, 2008 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of August 31, 2008. 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 (LAIF) 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 August 31, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of August 31, 2008 City of Temecula, California Portfolio Management Portfolio Summary August 31, 2008 City of Temecula 43299 Business Park Drive P.O. BaX 9933 Temecula, CA. 92599 (951)694-6430 Investments Par Value Market Value Book Value a/o of Portfolio Term Days to Maturity YTM 360 Equiv. YTM 365 Equiv. Certificates of Deposit -Bank 873,983.53 873,983.53 873,983.53 0.37 1,177 730 5.saa 5.678 Managed Pool Accounts 113,600,087.65 113,600,087.65 113,600,087.65 48.37 1 1 2.669 2.706 LetterafCredit 3.00 3.00 3.00 a.aa 1 1 a.aoa a.aaa Local Agencylnv~tment Funds 45,967,734.83 45,966,102.91 45,967,734.83 19.57 1 1 2.833 2.872 Commercial Paper - Intermit Bearing 5,940,094.20 5,940,094.20 5,940,094.20 2.53 163 1 2.278 2.309 FederalAgencyCallableSecurities 56,x00,000.00 56,484,250.00 56,396,937.50 24.02 1,371 1,206 4.136 4.194 FederalAgencyBulletSecurities 7,000,000.00 6,995,010.00 6,989,410.00 2.98 1,095 952 3.577 3.627 Investment Contracts 5,066,488.76 5,066,488.76 5,066,488.76 2.16 9,336 6,944 4.289 4.349 234,848,391.97 234,926,020.05 234,834,739.47 100.00% 572 471 3.116 3.160 Investments Cash and Accrued Interest PassbooklChecking 1,406,063.28 1,406,063.28 1,406,063.28 1 1 a.aaa a.aaa (not included in yield calculations) Accrued Interest at Purchase 2,493.20 2,493.20 Subtotal 1,408,556.48 1,408,556.48 Total Cash and Investments 236,254,455.25 236,334,576.53 236,243,295.95 572 471 3.116 3.160 Total Earnings August 31 Month Ending Current Year 639,943.29 Average Daily Balance 240,887,326.72 Effective Rate of Return 3.12% Reporting period 06!01!2008-08!31!2008 Portfolio TEME CP Run Date: 1{U01l2008 -13:2& No fiscal year history available PM (PRF_PM1) SymRept &.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments August 31, 2008 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Certificates of Deposit -Bank 95453518-2 86-12 GENIM2 USBANK 06/12/2007 873,983.53 673,983.53 873,983.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 122216003-2 CITY COP RE2 104348008 01-2 1MP 104348006 01-2 RESA 104348016 01-2 RES B 104348000 01-2 SP TAX 94669911 03-1 ACQ Al 94669921 03-1 ACQ B1 94669902 03-1 BOND 94669916 03-1 RES B 94669000 03-1 SP TAX 793593011 03-2 ACQ 793593009 03-2 EMW D 793593007 03-2 1MP 793593010 03-2 PW ADM 793593006 03-2 RES 793593000 03-2 SP TX 744727011 03-3 ACQ 1 744727002 03-3 BOND 744727007 03-3 CITY 1 744727009 03-3 EMW D 1 94669000 03-3 SP TAX 94686001 03-4 ADMIN 94686005 03-4 PREPMT 94686000 03-4 REDEMP 94686006 03-4 RES 78776002 03-G BOND 786776007 03-6 1MP 786776006 03-G RES 786776000 03-6 SP TAX 95453510 88-12 BOND 95453518 86-12 GEN I 122216009 CITY COP COS 122216003 CITY COP RES 122216000 COP CIP LPF Run Date: 10101(2008 - 13:26 5.600 5.678 730 09.101!2410 5.600 5.678 73p ASSURED GUARANTY 03/13/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 First American Treasury 256,390.21 256,390.21 256,390.21 1.420 1.401 1.420 1 First American Treasury 402.48 402.48 402.48 1.420 1.401 1.420 1 First American Treasury 190.23 190.23 190.23 1.420 1.401 1.420 1 First American Treasury 597,901.26 597,901.26 597,901.26 1.420 1.401 1.420 1 First American Treasury 4,259.80 4,259.80 4,259.80 1.420 1.401 1.420 1 First American Treasury 15,067.76 15,067.76 15,067.76 1.420 1.401 1.420 1 Firsk American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 1 First American Treasury 205.93 205.93 205.93 1.420 1.401 1.420 1 First American Treasury 567,841.16 567,841.16 567,841.16 1.420 1.401 1.420 1 First American Treasury 91,755.09 91,755.09 91,755.09 1.420 1.401 1.420 1 First American Treasury 4,216.76 4,216.76 4,216.76 1.420 1.401 1.420 1 First American Treasury 3,431.54 3,431.54 3,431.54 1.420 1.401 1.420 1 First American Treasury 124.52 124.52 124.52 1.420 1.401 1.420 1 First American Treasury 366.46 366.46 366.46 1.420 1.401 1.420 1 Firsk American Treasury 1,850,526.28 1,850,526.28 1,850,526.28 1.420 1.401 1.420 1 First American Treasury 620.52 820.52 620.52 1.420 1.401 1.420 1 First American Treasury 0.51 0.51 0.51 1.960 1.933 1.960 1 First American Treasury 672.37 872.37 B72.37 1.420 1.401 1.420 1 First American Treasury 458.67 458.67 458.67 1.420 1.401 1.420 1 First American Treasury 1,106,968.73 1,106,966.73 1,106, 968.73 1.420 1.401 1.420 1 First American Treasury 11,329.66 11,329.66 11,329.66 1.420 1.401 1.420 1 First American Treasury 4,059.27 4,059.27 4,059.27 1.420 1.401 1.420 1 Firsk American Treasury 50,031.62 50,031.62 50,031.62 1.420 1.401 1.420 1 First American Treasury 88.16 66.16 68.16 1.420 1.401 1.420 1 First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1 First American Treasury 9,018.11 9,016.11 9,018.11 1.420 1.401 1.420 1 First American Treasury 307.87 307.87 307.87 1.420 1.401 1.420 1 First American Treasury 178,183.77 178,183.77 178,183.77 1.420 1.401 1.420 1 First American Treasury 1,172,870.40 1,172,870.40 1,172,870.40 1.420 1.401 1.420 1 First American Treasury 07/01/2007 24.13 24.13 24.13 1.420 1.401 1.420 1 First American Treasury 03/13!2008 40,686.48 40,686.48 40,686.48 1.420 1.401 1.420 1 First American Treasury 03/13/2008 540.49 540.49 540.49 1.420 1.401 1.420 1 First American Treasury 08/01!2008 536,786.84 536,786.84 536,786.84 1.420 1.401 1.420 1 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments August 31, 2008 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Managed Pool Accounts 94434161 RDA 02 PRIN First American Treasury 07/24/2008 143. 57 143.57 143.57 1.420 1.401 1.420 1 107886000 RDA 06 A INT First American Treasury 199. 85 199.85 199.85 1.420 1.401 1.420 1 107686a1 a RDA 06 B INT First American Treasury 0. 06 0.06 0.06 1.490 1.470 1.490 1 107886008 RDA 06 CIP A First American Treasury 4,050. 79 4,050.79 4,050.79 1.420 1.401 1.420 1 107686a1 B RDA 06 CIP B First American Treasury 6,604. 42 6,804.42 6,604.42 1.420 1.401 1.420 1 107886016 RDA 06 RES B First American Treasury 202,891. 82 202,891.82 202,891.82 1.420 1.401 1.420 1 107886a3a RDA 07 CAP I First American Treasury 11/01/2007 90. 30 90.30 90.30 1.420 1.401 1.420 1 107886029 RDA 07 COI First American Treasury 11/01!2007 0. 00 0.00 0.00 1.820 1.795 1.820 1 107686a27 RDA 07 ESCRO First American Treasury 11/01/2007 453. 47 453.47 453.47 1.420 1.401 1.420 1 107886020 RDA 07 INT First American Treasury 07/01!2008 25. 11 25.11 25.11 1.430 1.410 1.430 1 107886028 RDA 07 PROJE First American Treasury 11/01/2007 17,278. 56 17,276.56 17,278.56 1.420 1.401 1.420 1 107886026 RDA 07 RESER First American Treasury 11/01!2007 91. 19 91.19 91.19 1.410 1.391 1.410 1 94434160 RDA TABS INT First American Treasury 217. 34 217.34 217.34 1.420 1.401 1.420 1 94432360 TCSD COPS IN First American Treasury 22. 65 22.65 22.65 1.410 1.391 1.410 1 793593a11-1 03-2-1 ACOUI CA Local Agency Investment Fun 07/01/2007 41,780,182. 05 41,780,182.05 41,780,182.05 2.767 2.749 2.767 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 07/01!2007 1,517,836. 48 1,517,836.48 1,517,836.48 2.787 2.749 2.787 1 793593a07-1 03-2-1 IMPRO CA Local Agency Investment Fun a7/01/2007 1,167,606. 96 1,167,806.96 1,167,606.96 2.767 2.749 2.767 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01!2007 690,976. 30 690,976.30 690,976.30 2.787 2.749 2.787 1 793593a06-3 03-2-3 RESER CA Local Agency Investment Fun a7/01/2007 3,503,850. 00 3,503,850.00 3,503,850.00 2.787 2.749 2.767 1 122216008 CITY COP CIP CA Local Agency Investment Fun 03/13!2008 22,722,817. 26 22,722,817.26 22,722,817.26 2.787 2.749 2.787 1 122216a03-1 CITY COP RE1 CA Local Agency Investment Fun 03/13/2008 796,633. 27 798,833.27 796,633.27 2.787 2.749 2.767 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 16,238,560. 72 16,238,560.72 16,238,560.72 2.787 2.749 2.787 1 107886a1 B-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,976,625. 97 2,978,625.97 2,978,625.97 2.767 2.749 2.767 1 107886030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 11/01!2007 469,311. 44 469,311.44 469,311.44 2.787 2.749 2.787 1 107686a27-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11/01/2007 4,147,558. 06 4,147,556.06 4,147,558.06 2.767 2.749 2.767 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 11/01!2007 10,011,649. 49 10,011,649.49 10,011,649.49 2.787 2.749 2.787 1 107686a26-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/01/2007 834,080. 08 834,080.08 634,060.06 2.767 2.749 2.767 1 107886006 RDA 06 RES A MBIA Surety Bond 1. 00 1.00 1.00 2.190 2.160 2.190 1 94434166 RDA TABS RES MBIA Surety Bond 1. 00 1.00 1.04 2.190 2.160 2.190 1 Subtotal and Average 112,293,810.97 113, 600, 087.65 113, 600,087.65 113,600,087.65 2.669 2.706 1 Letter of Credit 104348006-1 02a06 ASSURANCE CO BOND INSURANCE 793593006-2 02006 Citibank, N.A. 793593a06-1 02a05 Ohio Savings Bank Subtotal and Average 3.00 a7/01/2007 1.00 1.a0 07/01!2007 1.00 1.00 a7/ou2ao7 1.oa 1.ao 3.00 3.00 1.oa 1.00 1.oa 3.00 a.oao o.ooa o.oao 0.000 o.oao 0.000 Run Date: 10101(2008 - 13:26 0.000 0.000 1 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments August 31, 2008 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date fatal Agency Investment Funds 94669911-1 03-1AC0 A2 CA Local AgencylnvestmentFun 1,475,270.00 1,475,270.00 1,475,270.00 2.787 2.749 2.787 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,772,475.33 3,772,475.33 3,772,475.33 2.894 2.854 2.894 1 744727011-1 03-3 AC02 CA Local Agency Investment Fun 5,239,997.66 5,239,997.66 5,239,997.66 2.787 2.749 2.787 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 1,889,913.18 1,889,913.18 1,889,913.18 2.787 2.749 2.787 1 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 302,962.70 302,962.70 302,962.70 2.787 2.749 2.787 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 505,193.12 505,193.12 505,193.12 2.787 2.749 2.787 1 SYSCITY CITY CA Local Agency Investment Fun 8,924,316.52 8,923,872.26 8,924,316.52 2.894 2.854 2.894 1 SYSRDA RDA CA Local Agency Investment Fun 11,302,685.21 11,302,122.55 11,302,685.21 2.894 2.854 2.894 1 SYSTCSD TCSD CA Local Agency Investment Fun 12,554,921.11 12,554,296.11 12,554,921.11 2.894 2.854 2.894 1 Subtotal and Average 60,994,767.09 45,967,734.83 45,966,102.91 45,967,734.83 2.833 2.872 1 Commercial Paper -Interest Bearing 104348006-2 01-2RESA1 USBANK 03118!2008 441,166.18 441,166.18 441,166.16 2.150 2.150 2.180 1 09!02!2006 104348016-1 01-2 RES B 1 USBANK 03/18!2008 202,728.75 202,728.75 202,728.75 2.150 2.150 2.180 1 09!02!2008 104348000-1 01-2 SP TX 1 USBANK 03/24!2008 44,698.49 44,698.49 44,698.49 2.200 2.200 2.231 1 09!02!2008 104348000-2 01-2 SP TX2 USBANK 03/18!2008 120,570.24 120,570.24 120,570.24 2.150 2.150 2.180 1 09!02!2008 94669916-1 03-1 RES B 1 USBANK 03/18/2008 223,360.03 223,360.03 223,360.03 2.150 2.150 2.160 1 09!02!2006 94669900-1 03-1 SP TX 1 USBANK 03/24!2008 48,423.78 48,423.78 48,423.78 2.200 2.200 2.231 1 09!02!2008 94669900-2 03-1 SP TX2 USBANK 03/18!2008 209,621.44 209,621.44 209,621.44 2.150 2.150 2.160 1 09!02!2008 793593016 03-2 LOC USBANK 03/27!2008 3,412,374.62 3,412,374.62 3,412,374.62 2.370 2.370 2.403 1 09!02!2008 793593000-1 03-2 SP TX 1 USBANK 03/18!2008 416,562.66 418,562.66 418,562.66 2.150 2.150 2.180 1 09!02!2006 744727000-1 03-3 SP TX 1 USBANK 03/18!2008 226,362.05 226,362.05 226,362.05 2.150 2.150 2.180 1 09!02!2008 744727000-2 03-3 SP TX 2 USBANK 03/18!2008 56,681.63 56,681.63 56,681.63 2.200 2.200 2.231 1 09!02!2008 SYS03-4 REDEMP2 03-4 REDEMP2 USBANK 03/03!2008 50,780.20 50,780.20 50,780.20 2.150 2.150 2.180 1 09!02!2008 SYS03-4 RESER-2 03-4 RESER-2 USBANK 03/03!2008 96,467.50 96,467.50 96,467.50 2.150 2.150 2.180 1 09!02!2006 786776006-1 03-6 RES-1 USBANK 03/18!2008 338,657.38 338,657.38 338,657.38 2.150 2.150 2.180 1 09!02!2008 786776000-1 03-6 SP TX-1 USBANK 03/18!2008 11,420.22 11,420.22 11,420.22 2.150 2.150 2.160 1 09!02!2008 786776000-2 03-6 SP TX-2 USBANK 03/24!2008 10,581.77 10,581.77 10,581.77 2.200 2.200 2.231 1 09!02!2008 95453518 86-12 G I ~ USBANK 03/18!2008 27,637.26 27,637.26 27,637.26 2.150 2.150 2.180 1 49!02!2008 Subtotal and Average 5,940,094.20 5,940,094.20 5,940,094.20 5,940,D94.20 2.278 2.309 1 Federal Agency Ca llable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28!2007 1,000,000.00 1,017,500.00 1,000,000.00 5.000 4.932 5.000 1,488 09!28!2012 31331YSC5 01085 Federal Farm Credit Bank 02106.12008 2,000,000.00 1,971,880.00 2,000,000.00 3.590 3.541 3.590 1,253 02!06!2012 31331YQX1 01086 Federal Farm Credit Bank 02/11!2008 2,000,000.00 1,998,120.00 2,000,000.00 3.000 2.959 3.000 528 02!11!2010 31331YTS9 01087 Federal Farm Credit Bank 02/14!2008 2,000,000.00 1,975,620.00 2,000,000.00 3.750 3.699 3.750 1,624 02!11!2013 31331WR5 01091 Federal Farm Credit Bank 03/24!2008 1,000,000.00 990,630.00 1,000,000.00 3.150 3.107 3.150 934 03!24!2011 31331YV49 01096 Federal Farm Credit Bank 06/11/2008 2,000,000.00 1,989,360.00 2,000,000.00 4.150 4.093 4.150 1,379 06!11!2012 Run Date: 10101(2008 - 13:26 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments August 31, 2008 Page 5 CUSIP Investment # Average Issuer Balance Purchase Date Par Value Market Value Baak Value Stated Rate YTM 360 YTM 365 Days to Maturity Maturity Date Federal Agency Callable Securities 31331Y2F6 01099 Federal Farm Credit Bank 06/30/2008 2,000,000.00 2,010,000.00 2,000,000.00 4.230 4.172 4.230 1,032 06/30/2011 31331Y3E8 01103 Federal Farm Credit Bank 07/15!2008 1,000,000.00 1,002,810.00 1,000,000.00 3.950 3.896 3.950 1,047 07!15!2011 31331Y4G2 01106 Federal Farm Credit Bank 07/28/2008 1,000,000.00 1,000,940.00 1,000,000.00 3.300 3.255 3.300 695 07/28/2010 31331Y4H0 01107 Federal Farm Credit Bank 07/28!2008 1,000,000.00 999,690.00 1,000,000.00 3.750 3.699 3.750 1,060 07!28!2011 31331Y5N6 01112 Federal Farm Credit Bank 08120.12008 1,000,000.00 1,005,000.00 1,000,000.00 4.250 4.192 4.250 1,449 08/20/2012 31331Y5J5* 01113 Federal Farm Credit Bank 08,~21I2008 1,000,000.00 1,001,560.00 1,000,000.00 4.020 3.965 4.020 1,268 02!21!2012 31331Y5T3 01115 Federal Farm Credit Bank 08/11/2008 1,000,000.00 1,002,500.00 1,000,000.00 4.000 3.945 4.000 1,074 08/11/2011 31331Y5V8 01117 Federal Farm Credit Bank 08/26!2008 1,000,000.00 1,002,810.00 1,000,000.00 4.400 4.340 4.400 1,820 08!26!2013 3133XLSC]7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,023,130.00 1,000,000.00 5.650 5.573 5.650 1,428 07/30/2012 3133XK2N4 01072 Federal Home Loan Bank 08/24!2007 2,000,000.00 2,020,620.00 2,000,000.00 5.330 5.256 5.329 1,282 03!06!2012 3133XM5R6 01073 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,415,310.00 1,000,000.00 5.080 5.011 5.080 1,089 08/26/2011 3133XM5E7 01074 Federal Home Loan Bank 08/28!2007 1,000,000.00 1,020,000.00 1,000,000.00 5.220 5.135 5.206 1,457 08!28!2012 3133XMDM0 01077 Federal Home Loan Bank 10/02/2007 1,000,000.00 1,002,190.00 1,000,000.00 5.300 5.227 5.300 1,492 10/02/2012 3133XMLM1 01079 Federal Home Loan Bank 10/17!2007 1,000,000.00 1,002,190.00 1,000,000.00 5.000 4.930 4.999 1,141 10!17!2011 3133XMLG4 01080 Federal Home Loan Bank 10/18.12007 1,000,000.00 1,002,500.00 1,000,000.00 5.240 5.128 5.200 1,499 10!09.12012 3133X4EF5 01089 Federal Home Loan Bank 04/02!2008 1,000,000.00 994,690.00 1,000,000.00 3.800 3.748 3.800 1,309 04!02!2012 3133XQY46 01093 Federal Home Loan Bank 04/28/2008 1,000,000.00 996,250.00 1,000,000.00 3.600 3.551 3.600 1,152 10/28/2011 3133XRSM3 01102 Federal Home Loan Bank 07/23!2008 1,000,000.00 1,005,630.00 1,000,000.00 4.050 3.993 4.049 1,239 01!23!2012 3133XRTGt3 01104 Federal Home Loan Bank 07/30/2008 1,000,000.00 1,000,630.00 1,000,000.00 4.000 3.946 4.041 1,337 04/30/2012 3133XRVA5 01109 Federal Home Loan Bank 07/30!2008 1,000,000.00 1,009,060.00 1,000,000.00 4.220 4.162 4.220 1,428 07!30!2012 3133XRWE6 01110 Federal Home Loan Bank 08/12/2008 1,000,000.00 1,006,250.00 1,000,000.00 4.125 4.068 4.125 1,075 08/12/2011 3133XRXX3 01116 Federal Home Loan Bank 08/20!2008 1,000,000.00 1,004,380.00 1,000,000.00 4.070 4.014 4.070 1,449 08!20!2012 3133XRYN4 01118 Federal Home Loan Bank 08/20/2008 1,000,000.00 1,001,560.00 1,000,000.00 3.375 3.329 3.375 718 08/20/2010 3133XRZN3 01119 Federal Home Loan Bank 08/27!2008 1,000,000.00 1,000,940.00 999,750.00 4.000 3.953 4.008 1,274 02!27!2012 3133XS2J6 01120 Federal Home Loan Bank 68/27/2008 1,000,000.00 998,750.00 1,000,000.00 3.375 3.329 3.375 725 08/27/2010 3133XS3A4 01121 Federal Home Loan Bank 08/28!2008 1,000,000.00 1,000,940.00 1,000,000.00 3.625 3.559 3.609 910 02!28!2011 3133XKH24 1062 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,413,440.00 1,000,000.00 5.250 5.178 5.250 1,323 04/16/2012 3128X6ML7 01076 Federal Home Loan Mtg Corp 10/01!2007 1,000,000.00 1,001,660.00 1,000,000.00 5.000 4.932 5.000 760 10!01!2010 3126X6MQ6 01081 Federal Home Loan Mtg Corp 10/18/2007 1,000,000.00 1,001,480.00 1,000,000.00 5.250 5.177 5.249 1,491 10/01/2012 3128X6RP3 01082 Federal Home Loan Mtg Corp 11/28!2007 1,400,606.06 1,402,730.00 1,400,000.00 4.600 4.537 4.600 816 11!26!2010 3126X6L61 01084 Federal Home Loan Mtg Corp 02/04/2008 2,000,000.00 1,990,940.00 2,000,600.00 4.000 3.945 4.000 1,617 02/04/2013 3128X7TY0 01095 Federal Home Loan Mtg Corp 06/04!2008 2,000,000.00 1,995,846.60 2,000,000.00 4.000 3.945 4.000 1,372 06!04!2012 3136F8TE5 01078 Federal National Mtg Assn 10/15/2007 1,000,000.00 1,002,190.00 1,000,000.00 5.002 4.936 5.005 1,047 07/15/2011 3136F9CB7 01088 Federal National Mtg Assn 03/11!2008 2,000,000.00 1,993,760.00 2,000,000.00 4.000 3.945 4.000 1,652 03!11!2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 997,810.00 1,000,000.00 4.000 3.945 4.000 1,668 03/27/2013 3136F9MU4 01094 Federal National Mtg Assn 04/30!2008 1,000,000.00 996,250.00 1,000,000.00 3.000 2.959 3.000 606 04!30!2010 3136F9UF8 01097 Federal National Mtg Assn 06/24/2008 1,000,000.00 1,000,310.00 1,000,600.00 3.600 3.551 3.600 644 12/24/2010 3136F9UP6 01098 Federal National Mtg Assn 06/24!2008 1,000,000.00 1,002,810.00 997,187.50 4.000 4.044 4.101 1,026 06!24!2011 3136F9WV1 01100 Federal National Mtg Assn 07/02/2008 1,000,000.00 1,007,190.00 1,000,600.00 4.000 3.945 4.000 669 07/02/2010 PortfolioTEME GP Run Date: 10101(2008 - 13:26 PM (PRF_P M2} SymR ept 6.41.2024 City of Temecula, California Portfolio Management Portfolio Details -Investments August 31, 2008 Page 6 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3136F9YW7 01108 Federal National Mtg Assn 08/05/2008 1,000,000.00 1,002,190.00 1,000,000.00 4.000 3.945 4.000 1,068 08!05!2011 31398ABC5 1065 Federal National Mtg Assn 05/11!2007 1,000,000.00 1,002,190.00 1,000,000.00 5.300 5.227 5.300 1,344 05!07!2012 Subtotal and Average 50,203,598.79 56,400,000.00 56,484,250.00 56,396,937.50 4.136 4.194 1,206 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26!2007 1,000,000.00 1,032,810.00 1,000,000.00 5.000 4.934 5.002 632 05!26!2010 31331YG46 01092 Federal Farm Credit Bank 04/21/2008 2,000,000.00 1,959,380.00 1,993,700.00 2.630 2.703 2.740 962 04!21!2011 31331Y3P3 01105 Federal Farm Credit Bank 07/15!2008 1,000,000.00 997,500.00 998,140.00 3.500 3.514 3.563 1,127 10!03!2011 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,003,130.00 999,000.00 3.625 3.610 3.661 1,047 07!15!2011 3133XRRU6 01101 Federal Home Loan Bank 07/03!2008 1,000,000.00 999,380.00 998,570.00 3.625 3.626 3.676 1,033 07!01!2011 3136F9ZU0 01114 Federal National Mtg Assn 08/18.12008 1,000,000.00 1,002,810.00 1,400,000.00 4.000 3.945 4.000 900 02!18!2011 Subtotal and Average 6,441,022.90 7,000,000.00 6,995,010.00 6,989,410.00 3.577 3.627 952 Investment Contracts 94669906-1 03-1 RES A2 American International Gro up M 04/28!2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,130 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 9,495 08!31!2034 95453518-1 88-12 GEN IM IXIS Funding Corp 07/24!1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,287 09!01!2017 95453516-1 86-12 RES 2 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,466.76 1,531,468.76 5.430 5.509 5.585 3,287 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 6,944 Total and Average 240,887,326.72 234,848,391.97 234,926,020.05 234,834,739.47 3.116 3.160 471 Run Date: 10/01(2f~08 - 13:26 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(12a City of Temecula, California Portfolio Management Portfolio Details -Cash August 31, 20x8 Page 7 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Retention Escrow Account SYSBARNHART 1 BARN HART 1 California Bank & Trust 0.00 0.00 0.00 2.250 2.219 2.250 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01!2007 2,710.00 2,710.00 2,710.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2007 14,755.34 14,755.34 14,755.34 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 07/01!2007 1,373,232.60 1,373,232.60 1,373,232.60 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 15,365.34 15,365.34 15,365.34 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 2,493.20 2,493.20 1 Subtotal 1,408,556.48 1,408,556.48 Total Cash and Investments 240,887,326.72 236,254,455.25 236,334,576.53 236,243,295.95 3.116 3.160 471 Run Date: 10/01(2f~08 - 13:26 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(12a CASH AND INVESTMENT REPORT CITY OF TEMECULA AS OF AUGUST 31.2008 Fund Total GENERAL FUND $ 44,900,519.99 STATE GAS TAX FUND 928.72 DEVELOPMENT IMPACT FUND 3,577,659.91 AB 2766 FUND 527,083.02 AB 3229 COPS 6,925.80 RDA AFFORDABLE HOUSING 20% SET 8,988,204.13 MEASURE A FUN^ 8,168,810.17 TEMECULA COMMUNITY SERVICES 828,261.00 TCSD SERVICE LEVEL "B" STREET LIGHTS 15,459.47 TCSD SERVICE LEVEL"C" 387,342.87 TCSD SERVICE LEVEL "D" 220,879.35 TCSD SERVICE LEVEL "R" STREETIROAD 39,305.93 TCSD SERVICE LEVEL "L" LAKE PARK 231,765.30 TEMECULA LIBRARY FUND 1,843,883.88 CAPITAL IMPROVEMENT PROJECT FUND 42,116,203.73 CFD 01-2 HARVESTON A&B 256,390.21 CFD 03-1 CROWNE HILL IMPROVEMENT 5,267,072.89 CFD 03-3 WOLF CREEK IMPROVEMENT 7,435,025.10 CFD 03-6 HARVESTON 2 IMPROVEMENT 514,211.23 CFD-ROR IPAUGH 44,565,228.88 REDEVELOPMENT AGENCY - CIP 21,422,694.95 INSURANCE FUND 1,482,295.91 VEHICLES FUND 670,770.94 INFORMATION SYSTEMS 540,285.27 SUPPORT SERVICES 314,667.05 FACILITIES 78,254.89 CITY 2008 COP'S DEBT SERVICE 1,377,061.24 RDA DEBT SERVICE FUND 17,179,137.21 TCSD 2001 COP'S DEBT SERVICE 392,979.63 CFD 88-12 DEBT SERVICE FUND 4,657,065.13 CFD 01-2 HARVESTON A&B DEBT 1,435,767.71 CFD 03-1 CROWNE HILL DEBT SERVICE 1,933,353.61 AD 03-4 JOHN WARNER ROAD DEBT 214,715.65 CFD 03-3 WOLF CREEK DEBT SERVICE 3,862,692.19 CFD 03-6 HARVESTON 2 DEBT SERVICE 559,151.35 CFD- RORIPAUGH 10,321,440.24 CERBT CALIFORNIA EE RETIREE-GASB45 1.081.98 Grand Total: $ 236.334.576.53 ITEM R1C~. 5 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: October 14, 2008 SUBJECT: A Resolution to Participate in the Cities for Climate Protection Campaign to Develop a Green House Gas (GHG) Emissions Inventory and Climate Action Plan PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO PARTICIPATE IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN TO DEVELOP A GREEN HOUSE GAS EMISSIONS INVENTORYAND CLIMATEACTION PLAN FOR THE CITY OF TEMECULA BACKGROUND: At the July 22, 2008 City Council meeting, staff presented an outline of a proposed Sustainability Plan for the City, which will include a series of goals and implementation programs designed to achieve efficiencies and conservation in the following categories: Energy, Water, Air Quality, Materials and Resources, Site and Community, Open Space and Transportation. Additionally, staff explained that on a parallel track with the Sustainability Plan, a Green House Gas (GHG) Emissions Inventory and Climate Action Plan will be completed and that the GHG emission reduction measures identified from this analysis will directly relate to or become implementation programs of the Sustainability Plan. Following staffs' presentation, the City Council supported staffs' efforts and directed staff to bring back a draft Sustainability Plan in July 2009. The GHG Emission Inventory and Climate Action Plan is an evaluation of the City's GHG emissions from City owned facilities and City operations. The GHG Emissions Inventory, also referred to as a "carbon footprint," is the foundation by which actions can be identified to address climate change. A complete, consistent and accurate measurement of GHG emissions will enable the City to assess risks and opportunities, track progress, and create a strategy to reduce emissions in a quantifiable and transparent way. The GHG Emissions Inventory is accomplished through a set of internationally recognized GHG accounting and reporting principles and protocols specifically designed for local governments. The emission inventory accounting and reporting protocols were developed in response to AB 32 {the California Global Warming Solutions Act of 2006} and in partnership with numerous stakeholders including the California Air Resources Board, the California Climate Action Registry, and the Local Governments far Sustainability {ICLEI}. The protocols provide the principles, approach, methodology, and procedures needed to develop a GHG Emissions Inventory of local government operations, that will help achieve the goals of AB 32, which is to reduce statewide GHG emissions back to year 1990 levels by year 2020. In August 2007, the City of Temecula joined The Western Riverside County Clean Cities Coalition, which is administered by Western Riverside Council of Governments {WRCOG). The Coalition assists its member cities with the conversion of fleet vehicles to alternate fuel sources, accelerates the deployment of alternative fuel/advanced technology vehicles, and assists with building a local alternative fuel infrastructure. In addition to assisting member cities with the above strategies that result in a cleaner environment, the Clean Cities Coalition added to their ten-year Strategic Plan, a program that will assist their member cities with the preparation of a GHG Emissions Inventory and Climate Action Plan. To qualifyforthis assistance, a city must become a member of ICLEI {the first year's membership is paid for bythe Clean Cities Coalition) and adopt a Resolution to participate in the Cities for Climate Protection Campaign, which includes the following five milestones: Prepare a baseline GHG Emission Inventory and forecast. Establish a GHG emission reduction target for the forecast year. Develop a Climate Action Plan, which when implemented will meetthe City's GHG reduction target. Implement the Climate Action Plan. Monitor and report progress toward meeting target GHG reductions. The Sustainability Technical Advisory Committee {Green Team), made up of staff members from Planning, Public Works, Community Services, Building and Safety, and Information Systems will work closelywith WRCOG staff during the preparation of the GHG Emissions Inventory and Climate Action Plan to ensure the seamless integration of policies and measures into the City's Sustainability Plan. FISCAL IMPACT: The first year ICLEI membership dues will be paid by the Western Riverside County Clean Cities Coalition. Membership dues are based on the City's population. Based on the current fee structure, future annual membership dues for the City of Temecula would be $1, 750.00. ATTACHMENTS: Resolution RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO PARTICIPATE IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN TO DEVELOP A GREEN HOUSE GAS EMISSIONS INVENTORY AND CLIMATE ACTION PLAN FOR THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find. determine and declare that: A. The Cities for Climate Protection Campaign sponsored by ICLEI -Local Governments for Sustainability has invited the City of Temecula to join ICLEI and become a partner in the Cities and Counties Climate Protection Program. B. The City will join ICLEI as a Full Member and to take a leadership role in promoting public awareness about the causes and impacts of climate change. C. The City will undertake the following five milestones to reduce bath greenhouse gas and air pollution emissions throughout the community: 1. Conduct a greenhouse gas emissions inventory and forecast to determine the source and quantity of greenhouse gas emissions in the jurisdiction; 2. Establish a greenhouse gas emissions reduction target; 3. Develop an action plan with both existing and future actions which when implemented will meet the local greenhouse gas reduction target; 4. Implement the action plan; and 5. Monitor and report progress. D. The City requests assistance from ICLEI's Cities for Climate Protection Campaign as it progresses through the milestones. Section 2. Environmental Findings. A. Staff has determined that this Resolution to participate in the Cities for Climate Protection Campaign would result in positive benefits to the environment, public health, safety and welfare of the community. The City Council hereby finds that this Resolution is exempt from the requirements of the California Environmental Quality Act ("CEQA"} pursuant to Title 14 of the California Code of Regulations, Section 15308, Class 8 -Actions by Regulatory Agencies for Protection of the Environment. The Resolution to participate in the Cities for Climate Protection Campaign and to develop a Greenhouse Gas Emissions Inventory and Climate Action Plan for the City of Temecula will result in the conservation of energy, water, and other natural resources, resulting in positive benefits to the environment, public health, safety and welfare of the community. Section 3. Authorization of Membership. A. The City Council of the City of Temecula hereby authorizes staff to file for membership with ICLEI, to participate in the Cities for Climate Protection Campaign, and to work with the Clean Cities Coalition staff to develop a Green House Gas Emissions Inventory and Climate Action Plan far the City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM R1C~. 6 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 14, 2008 SUBJECT: Grant of Easement to Southern California Edison Company associated with the Rule 20 Underground Utility District and the Old Town Civic Center, Project No. PW06-07 PREPARED BY: Greg Butler, Deputy Director of Public Works, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council approve a Grant of Easement to Edison to allow Edison to maintain their facilities within the Rule 20 Underground Utility District and the Old Town Civic Center, Project No. PW06-07, and authorize the Mayor to execute the aforementioned document. BACKGROUND: On June 27, 2006 the City Council approved the Master Plan for Phase 1 of the Old Town Civic Center, which among other things includes the undergrounding of overhead utilities along various portions of Mercedes, Main and Old Town Front Streets. On September 26, 2006, the Council adopted Resolution No. 06-84 declaring its intent to form the subject underground district. In response to electric service for improvements associated with the Rule 20 Underground Utility District and the Old Town Civic Center project, Southern California Edison (SCE) Company requires the developer (i.e., the City) to execute anon-exclusive Grant of Easement associated with the physical attributes of their system on the developers property in order to permit the construction and maintenance of their proposed electrical facilities. The Grant of Easement is standard of all new developments and will allow Edison to operate and maintain their facilities within the Rule 20 Underground Utility District and the Old Town Civic Center project. The City Attorney and staff do not perceive a negative impact by approval of this Grant of Easement. FISCAL IMPACT: The recommendation has no directfiscalimpact and a negative fiscal impact is not perceived. ATTACHMENTS: Grant of Easement RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON INTER NATIO NAL CUm WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY Corporate Real Estate 14799 Chestnut Street Westminster, CA 92683-5240 Attn: Distribution/TRES GRANT OF EASEMENT DOCUMENTARY TRANSFER TAXS NONE (VALUE AND CONSIDERATION LESS THAN 5700.001 San .laGintO Valley 6477-6258 6-6207 SCE COmpdny FIM 484-1725-0 pppROVED: SIG.OF DECLARANT OR AGENT DETERMINING TAX FIRM NPME ppry g22-032-015,028 CORPORATE REAL ESTATE SLS/BT 09/18/08 g22-077-007 THE CITY OF TEMECULA, a municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, hndholes, and including above- ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows: FOR LEGAL DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTION, SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. This legal description was prepared pursuant to Sec. 8730 (c) of the Business & Professions Code. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. Grantee acknowledges that its use of the Easement Area is non-exclusive and that Grantor may use the Easement Area or grant an easement to another party for a use of the Easement Area that is joint and compatible under the standards of Code of Civil Procedure Section 1240.510 and 1240.530 with Grantee's above-described use of the Easement Area. Grantee will be solely responsible for all costs related to its construction, repair and maintenance of its facilities in the Easement Area described above, and any other professional fees associated with Grantee's work in the Easement Area. Grantor hereby specifically excepts and reserves unto itself and it successors and assigns, and by any other party who has obtained, or may obtain, permission or authority from Grantor or its successors and assigns to construct, operate, maintain, repair, renew and/or relocate water lines, water pipes, water meters, planter boxes, asphalt concrete driveway, irrigation facilities, including but not limited to drip, systems in connection with Grantor's landscaping located in the Easement Area described above. EXHIBIT "A" Southern California Edison Grant of Easement Legal Description DSR800161308 Work Order No. 6477-6258 / A.I. No. 6-6207 STRIP #1 THE NORTHWESTERLY 6.00 FEET OF THAT PORTION OF THE SOUTHEASTERLY HALF OF THAT CERTAIN ALLEY ADJACENT TO LOTS 1, 2, AND 3, IN BLOCK 4, OF THE TOWN OF TEMECULA, AS PER MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS VACATED BY RESOLUTION NO. 79-68, OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, RECORDED APRIL 23, 1979 AS INSTRUMENT NO. 80863 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 15.00 FEET OF SAID LOT 3. STRIP #2 AN 8.00 FOOT WIDE STRIP OF LAND LYING WITHIN LOT 32, 1N BLOCK 7, OF SAID TOWN OF TEMECULA, AND WITHIN A PORTION OF THE NORTHEASTERLY HALF OF MERCEDES STREET ADJOINING SAID LOT 32, AS VACATED BY RESOLUTION NO. 80-166 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE; RECORDED MAY 20, 1980 AS INSTRUMENT NO. 94502 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, THE NORTHWESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY HALF OF SAID MERCEDES STREET WITH THE SOUTHEASTERLY LINE OF SECOND STREET; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE AND ITS NORTHEASTERLY PROLONGATION, A DISTANCE OF 35.00 FEET. ~~Q~v~N M eq~~F~\ co C~ cn m ~ No. Cr-18619 ~ ~Ic Expr2~09 ~ , qTF, HIV 11- ~~F CAS Dated ~ 2008 ~,tj~:Cf%jtifiin ®~ ~c he~~ Glenn M. Bakke R.C.E. # 18619 Exp. 6-30-09 DSR800161308 6477-6258/6-6207 EXECUTED this day of , 20 GRANTOR THE CITY OF TEMECULA, a municipal corporation (Print Name) Title State of California County of On before me, (here insert name and title of the officer) personally who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (This area for notary stamp) 3 DSR800161308 6477-6258/6-6207 ~ ~ ~ EXHIBIT "B" '~' '~ ' i ~ SOUTHERN CALIFORNIA EOISON GRANT OF EASEMENT LEGAL DESCRIPTION DSR800161308 WORK ORDER N0. 6477-6258/ A.I. N0. 6-6207 ~ ~ i / ~~Q~I~-I ~~~ BL~'CK ~n~r SCALE: 1'~ = 20~ VACATED ALLEY PER RESOLUTION N0. 79-68 / ~ 4 / ~S ~\ RECORDED 04/23/1979 AS INST. #80863, O.R. i / ~ \ ~ (RIVERSIDE COUNTY) / ~ \ !~ / i / ~ ~ .` ~\ \T3O/~ ;` //\r ~ / i~~~/ / ~ ~\ ~~\~,/~~ i ! j %%,~ for ~~ STRIP #1 ~ ~II 1 i \~~ '~~ ~~ ~ \ 2 / ~! I I j ~ryJ' /~~pr `~ y / \ ~\ ~ ~ ~ !~ / \ '/' / \ \\ ~6,, ` / \ ~~ / / \ `7 \ ~ ~ \~r \ ~ ~ ~ ~ ~ THE TOWN OF TEMECULA ~~ \` '~'„~ \~~ M.B. 15/726 \ ~tnd \ SAN DIEGO COUNTY ~~, ~ ~. ~ \ ~ sa~~ ~ \ ~ \ ~j, ~ ~ ~ \ \ ~ ` \ ~ ` ~ ~ ` ~ \ ~~ ~ ~ ~o oQRpFESS/pNgl \~ ~ \~~ <v~~ ~N M. 6q ~~~ w ~ No. C-18619 R''`' ~\ \ o: ~ Exp pip ~ .y0 ` 9 * ~~ ~~ s~, C I V 1~- ~~P 9TF 0~ CA~~F~~ ~ \ Dated ~ /f5 2008 \ ~ \ \ D ^°- `/~J~.~J/// ~l,~~1 -~/~ ~ r~-n DENOTES ~,P,r.~9 p(//r ~'~¢~-/V-~ `~ P.O.B~=SP01 TAOFMBEGINNING Glenn M. Bakke R.O.E.'#18619 Exp. 6-30-09 \ SHEET 1 OF 2 EXHIBIT "B" SOUTHERN CALIFORNIA EDISON GRANT OF EASEMENT LEGAL DESCRIPTION ~O^ ~~ \ \ DSR800161308 WORK ORDER N0. 6477-6258 / A.I. N0. 6-6207 SCALE: 1" = 20' \>// ~ THE TOWN OF TEMECULA / ~i M.6.15/726 / / ~ SAN DIEGO COUNTY / \ / VACATED SECOND STREET / PER RESOLUTION N0. 84-254 RECORDED 07/16/1984 ~` '~,~, AS INST. #153463, O.R. ,~ '~~,~ ~\ (RIVERSIDE COUNTY) '~zy \ ~~S \ ~ / `~ '~ s?, i / \ ~.~ \ // \\SSRIWIDE ~pp~ I y~I"~\T \\\\ h ~ III}, \~~ ~ ZN~ s ~I I~,~' ~ \\\ BLOCK `~ `~ Nom, P.O.B. I} 0 7 y F yC STRIP #2 / ~ li~ ~ \ \ \ \ ~ O 9 ~ ` \ c~ y i 5~C4~~ / \ \ \ \ `\ Z9 ~~ i~ ~• \ \ \ O \ ~ \ \ ~O, \ ~ `` \ \ ~ \ \ \ \ \ / / QRpFESS/pN \ \ VACATED MER DES STREET \ V` Q(~O N M. e ~l F \ \ PER RESOLUTION~10. 80-166 / ~ h~ ~~ q~ 2~ \ ~ RECORDED 0 5 /21911 9 8 0 \ a~ v .~ ~ \ AS INST. #94502, R. c~ C~ C~ ~+ \ (RIVERSIDE COUNT `i E a C-1/n~ 9 ~ \ ~ ~ \ \ ~ 1 s~ ~I V IL ~~Q \ . 1 \ ~ \ 9TF OF CA1-~F~~ \ \ ` \ \ 1 p \ Dated/~ %~j~O , ~200/CB~~ \ LEGENQ \ '.1.1_d SCE EASEMENT AREA \ ~~,P.O.B. =POINT OF BEGINNING i~/~%.~P/~`C~4/ ~~~j~T~C/"~~^ \ \ ~~ 7~ DENOTES Glenn M. Bakke R.C.E. #18619 Exp. 6-30-09 \ \ SHEET 2 OF 2 ITEM R1C~. 7 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 14, 2008 SUBJECT: Traffic Signal and Safety Lighting Maintenance Agreement between the City of Temecula and the Pechanga Band of Luiseno Mission Indians PREPARED BY: Ali Moghadam, Principal Engineer -Traffic RECOMMENDATION: That the City Council: 1. Approve the Agreement for Maintenance of Traffic Signal on Tribal Land between the City of Temecula and the Pechanga Band of Luiseno Mission Indians, and 2. Authorize the Mayor to execute the agreement. BACKGROUND: The attached agreement between the City and Pechanga Band of Luiseno Mission Indians is for maintenance of a traffic signal and safety lighting at the intersection of Pechanga Parkway and Pechanga Resort (Pechanga Mini Mart). The agreement grants the City limited access to Pechanga Band property to maintain and operate the traffic signal and safety lighting equipment located on tribal property. The agreement commences July 1, 2008 and may be terminated at any time by either party upon sixty (60) days written notice. FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2008-2009 Budget Account No. 611-602-5405. ATTACHMENTS: Agreement for Maintenance of Traffic Signal on Tribal Land between the City of Temecula and the Pechanga Band of Luiseno Mission Indians ~_ AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNAL ON TRIBAL LAND BETWEEN THE CITY OF TEMECULA AND THE PECHANGA BAND OF LUISENO MISSION INDIANS THIS AGREEMENT is dated as of July 1 2008, by and between the City of Temecula (the "City") and the Pechanga Band of Luiseno Mission Indians (the "Pechanga Band"). In consideration of the mutual covenants and conditions set forth herein, the City and the Pechanga Band do hereby agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each party hereto acknowledges as true and correct: A. The Pechanga Band is a sovereign Indian nation recognized by the United States Government. B. The City is a municipal corporation duly formed and operating under the laws of the State of California. C. The Pechanga Band desires to install a set of traffic lights ("Signal") at the intersection located at the Pechanga Parkway entrance to the Pechanga Mini-Mart ("Intersection"), as depicted in Exhibit "A" attached hereto and incorporated by this reference. D. A portion of the Signal will be located on City property, and a portion of the Signal will be located on Pechanga Band property. E. The City desires to maintain and operate the Signal. F. This Agreement benefits both the City and the Pechanga Band by allowing for uniform and efficient maintenance of the Signal given its unique configuration. 2. Obligations of the Pechanga Band. A. The Pechanga Band agrees to install, at the Pechanga Band's expense, the Signal and related traffic signal improvements, including signage and striping, at the Intersection, in accordance with the City's Public Works Department Encroachment Permit Number LD07-108C0. B. The Pechanga Band hereby grants to the City and its agents a non- exclusive license to enter Pechanga Band property in order to perform the maintenance and operation of the Signal as provided by this Agreement. C. The Pechanga Band agrees to permit, and not to interfere with, the City and its agents to enter onto Pechanga Band property for the limited purpose of, and only to the extent necessary for, maintenance and operation of the Signal 11086-0004\106~130vl.doc Old 106510iv1 /New 1065105v2 D. The Pechanga Band shall ensure that the traffic signal preemption equipment on the Pechanga Band's emergency police and fire vehicles be annually maintained and kept in operational order for traffic safety purposes. 3. Obli;;ations of the City. A. The City shall maintain and operate the Signal located at the Intersection, at the City's sole cost and expense, in accordance with applicable law and the City's roadway and right of way maintenance standards. B. The City shall ensure that any maintenance or repair activities conducted by the City do not interfere with or disrupt the Pechanga Band's business operations or the free ingress and egress to the Pechanga Band's property. C. The City shall give the Pechanga Band reasonable notice of its intent to enter upon the property. For regular, non-emergency maintenance of the Signal, the City shall provide the Pechanga Band with a minimum of seventy-two (72) hours notice. In emergency situations, the City shall provide the Pechanga Band with as much notice as is reasonably possible under the circumstances. 4. Term. This Agreement shall commence on July 1 , 2008 and shall remain and continue into effect unless sooner terminated pursuant to the provisions of this Agreement. 5. Indemnification. A. The Pechanga Band agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Pechanga Band's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the active negligence of the City. B. The City agrees to defend, indemnify, protect and hold harmless the Pechanga Band, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the Pechanga Band, 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 the City's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the active negligence of the Pechanga Band. 6.' Notices to Parties. Written notices, demands and communications among the City and the Pechanga Band, shall be sufficiently given by 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 11086-0004\1065130v1.doc 2 Old 1065105v1 /New 106~IOSv2 Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Director of Public Works Pechanga Band: Pechanga Band of Luiseno Mission Indians Pechanga Office of the General Counsel Post Office Box 1477 Temecula, California 92593 Attention: John Macarro, General Counsel Telephone: (951) 676-2768, Ext. 2138 Via FedEx or Personal Delivery: Pechanga Band of Luiseno Mission Indians 12705 Pechanga Road Temecula, California 92592 Attention: John Macarro, General Counsel 7. Termination. This Agreement may be terminated at any time upon sixty (60) days written notice. 8. Valid and Binding Agreement. The City agrees that this Agreement is legal, valid and binding and is enforceable against the City in accordance with its terms and applicable law. The Pechanga Band agrees that this Agreement is legal, valid and binding and is enforceable against the Pechanga Band in accordance with the terms of this Agreement.: 9. Governing Law. The City and the Pechanga Band understand and agree that federal law and the laws of the State of California shall govern the rights, obligations, duties and liabilities of the City and shall also govern the interpretation of this Agreement. Except as specifically provided in Section 15 (Limited Waiver of Tribal Sovereign Immunity) of this Agreement, nothing in this Agreement is intended or shall be interpreted to waive the sovereign immunity of the Pechanga Band, any of its sovereign immune entities formed under Pechanga tribal law, or their officers, agents, or employees. 10. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between the City and the Pechanga Band respecting the matters contained herein. Any agreements or representations, either oral or written, respecting the matters discussed in this Agreement not expressly set forth in this Agreement are null and void. 11. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of the Pechanga Band and the City, respectively, warrant and represent that he or she has the authority to execute this Agreement on behalf of his or her respective principal and has the authority to bind the party to the performance of its obligations hereunder. The 11086-0004\ 1065130v t.doc Old 1065105v1 /New 1065IOiv2 Pechanga Band warrants and represents to the City that no other government official or government body is required to be obtained prior to the effective date of this agreement. 12. Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, create any right on the part of a third party to bring an action to enforce any of its terms. 13. Amendments. This Agreement may be modified or amended only by mutual and written agreement of the Parties. 14. No Grant of ltiehts to Tribal Land. The City and the Pechanga Band agree that this Agreement is relative to services only, and does not grant any rights to or control of tribal land, legal or beneficial, vested or contingent, or any other rights or entitlements therein or related thereto. 15. Limited Waiver of Tribal Sovereien Immunity. A. The Pechanga Band is a federally recognized Indian tribe and, as such, it possesses sovereign immunity from suit. Nothing in this Agreement is or shall be deemed to be a waiver of the Pechanga Band's sovereign immunity from suit, which immunity is expressly asserted, except that the Pechanga Band agrees to waive its immunity for the limited and sole purposes of compelling arbitration by the City and of enforcing arbitration of any decision rendered pursuant to the terms and conditions of this Agreement. B. Prior to pursuing any arbitration, each party shall, whenever possible, attempt to resolve any grievances, complaints or disputes that are brought to its attention by the other party. Each party shall notify the other party in writing of any material dissatisfaction with the other party's performance at its address of record. Within ten (10) days of receipt of such notice, unless the problem has been resolved, the parties shall meet and confer in good faith to determine what remedial action, if any, is necessary. C. In the event of any dispute between the parties hereto arising under this Agreement, such dispute shall be submitted to mandatory binding arbitration, to be conducted in Riverside County, California, pursuant to the Commercial Rules of American Arbitration Association, provided that the arbitrator shall not have the authority to award money damages. Each party shall initially pay its own arbitration costs and expenses, but the arbitrator may, in its discretion, include such costs and expenses, together with reasonable attorneys' fees, as part of the award to the prevailing party. Any award of the arbitrators may be submitted for enforcement to a court of competent jurisdiction located in Riverside County, CA. D. Judicial remedies are specifically limited to the enforcement of a determination by an arbitrator pursuant to this Agreement that mandates either party to specifically perform any obligation under this Agreement. The arbitrator(s) and/or court shall have no authority or jurisdiction to award money damages, but may award the prevailing party the costs of arbitration, court costs to enforce the arbitration decision and legal fees incurred during arbitration and any subsequent court proceedings to enforce the arbitration decision 11086-0004\1065130v1.doc 4 Old 1065IOwt !New 1065lOSv2 E. The Pechanga Band's limited waiver of its sovereign immunity as provided herein extends only to an arbitration, action to compel arbitration and action to confirm or enforce arbitration awards by the City and no other person or entity, for specific performance or injunctive relief for the Pechanga Band's breach of this Agreement. F. In the event of any dispute between the parties hereto arising under this Agreement, before submitting the dispute to mandatory binding arbitration, the parties shall endeavor to resolve their dispute by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Commercial Rules of American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party with the American Arbitration Association or as agreed to in writing by the parties. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held at a mutually agreed upon location. in the City of Temecula, California. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed at Temecula, California on the day and year first above written. PECHANGA BAND OF L~UI~SE ANO MISSION INDIANS _-~~I~ ~ Mark Macarro Tribal Chairman Attest: 4L11 ~W~~.~ (h ~r re-~ Darlene Miranda Tribal Secretary as to Macarro ral Counsel 11086-0004\] 065130v1.doc Old 1065105v1 /New 1065105v2 CITY OF TEMECULA Michael S. Naggar Mayor Attest: Susan Jones, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney EXHIBIT °`A" DEPICTION OF INTERSECTION Exhibit A Pechanga Parkway @ Mini Mart Drive T 80' 160' MAINTENANC FOR TRAFFIC ; EQUIPMENT N~ ITEM R1C~. 8 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 14, 2008 SUBJECT: Chaparral Village Parcel Map No. 26232-2 Agreement for Utility Under- grounding PREPARED BY: Daniel A. York, Deputy Director/City Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the Agreement for Utility Undergrounding of existing power poles and utility lines. 2. Authorize the Mayor to execute the agreement. BACKGROUND: Per the City Ordinance No. 04-02, all projects that have existing utility poles and lines overhead shall be constructed underground along the frontage of their property. The attached agreement between the City and Chaparral Village Partners describes what the City expects the Developer to construct and gives the Developer a timeline on obtaining additional building permits. FISCAL IMPACT: None ATTACHMENTS: Agreement for Utility Undergrounding RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF TEMECULA Susan W. Jones, MMC City Clerk P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 EXEMPT FROM RECORDER'S FEES PURSUANT TO GOVERN114ENT CODE SECTIONS 6103 AND 27383 Space above this line for Recorder's Use Only AGREEMENT FOR UTILITY UNDERGROUNDING DATE OF AGREEMENT: 9/11/08 NAME OF APPLICANT: Chaparral Village Partners, LLC (referred to as `APPLICANT') NAME OF DEVELOPMENT: Chaparral Village (referred to as "DEVELOPMENT') TRACT NO.: Parcel Map No. 26232-2 PLANNING APPLICATION NO.: PA 06-0346 (referred to as "Resolution ofApprovcxl') ESTIMATED TOTAL COST OF IMPROV"EMENTS: COMPLETION DATE: 3/11/09 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND (Include name, address, phone number and point of contact for surety company): AGREEMENT FOR UTILITY UNDERGROUNDING Page: 2 of 13 This Agreement is made and entered into by and between the City of Temecula, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the APPLICANT. RECITALS This Agreement is made with respect to the following purposes and facts which each party agrees to be true and correct: A. APPLICANT is the owner of that certain real property (the "Property") located in the City of Temecula, County of Riverside, State of California, known as Nicolas Road, Temecula, California and legally described on Exhibit "A", attached hereto and incorporated herein as though set forth in full ("Property"). APPLICANT is constructing a commercial shopping center on the Property. B. A Development Plan has been approved, subject to state laws and to the requirements and conditions contained in the Resolution of Approval for PA06-0346. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. Pursuant to Temecula Municipal Code Section 15.04.080, APPLICANT must underground utilities within the exterior boundary lines of the Property prior to the issuance of Building Permits. D. In addition, APPLICANT must comply with the Resolution of Approval and must (a) complete, in compliance with CITY standards, all the improvements and land development work required by Applicable Laws and the Resolution of Approval; or (b) enter into a secured Agreement with CITY to complete the improvements and land development within a period of time specified by CITY. E. In consideration of CITY's approval of a Development Plan and CITY's issuance of a Building Permit, APPLICANT promises to underground, install and complete, at APPLICANT'S own expense, all of the utility facilities ("Improvements"), listed in subsection b of Section 1 (Applicant's Obligations to Construct Improvements) of this Agreement, as required by CITY in connection with the approved Development Plan and to post security for their completion. F. Complete Improvement Plans for the installation and completion of the Improvements have been prepared by APPLICANT and approved by the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. G. An estimate of the cost of construction of the Improvements and performing land development work in connection with the Improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "B" to this Agreement. H. The CITY has adopted standards for the construction and installation of Improvements within the CITY. The Improvement Plans have been prepared in conformance with the CITY standards in effect on the date of approval of the Resolution of Approval. 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 3 of 13 In consideration of the approval and recordation by the CITY of the DEVELOPMENT, APPLICANT and CITY agree as follows: 1. APPLICANT'S Obligations to Construct Improvements. APPLICANT shall: a. Comply with all requirements of the Resolution of Approval, and any amendments thereto, and with all applicable laws, including but not limited to the Temecula Municipal Code. b. Underground, install and complete by the time established in Section 20 (Time for Completion of Work/Time Extension) of this Agreement and at APPLICANT'S own expense, all the following Improvements in conformance with the Improvement Plans and the CITY standards: The Developer will underground all existing power poles and utility lines along the frontage of Parcels 6, 7 & B in Parcel Map No. 26232-2. 2. Security. APPLICANT shall at all times guarantee APPLICANT'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by applicable laws on forms approved by CITY for the purposes and in the amounts as follows: a. To assure faithful performance of this Agreement in regard to said Improvements in an amount of 100% of the estimated cost of the Improvements; and b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and c. To guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Improvements; and d. APPLICANT shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting monuments as stated previously in this Agreement. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security maybe released. 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 4 of 13 3. Alterations to Improvement Plans. a. Any changes, alterations or additions to the Improvement Plans and specifications or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by the CITY and APPLICANT, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, APPLICANT shall provide improvement security for faithful performance as required by Section 2 (Security) of this Agreement for 100% of the total estimated cost of the Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 5 (Release of Securities) of this Agreement. b. The APPLICANT shall construct the Improvements in accordance with the CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the Development and this Agreement, when necessary to protect the public health, safety and welfare. 4. Inspection. APPLICANT shall at all times maintain proper facilities and safe access for inspection of the Improvements by CITY inspector and to the shops wherein any work is in preparation. Upon completion of the work the APPLICANT may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Improvements to the City Council. No Improvements shall be finally accepted unless aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards. APPLICANT shall bear all costs of inspection and certification. 5. Release of Securities. Subject to approval by the City Council of CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of Subsection (b) hereof. b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application therefore by the APPLICANT; provided, however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security, which would reduce such security to an arnount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six (6} months after the completion and acceptance of the work, be reduced to an amount equal to the total 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 5 of 13 claimed by all claimants for who lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Section 9 (Warranty), the warranty period shall not commence until final acceptance of all the work and Improvements by the City Council. e. The CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 6. Iniury to Improvements, Public Property or Public Utility Facilities. APPLICANT shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utility facilities and surveying which are destroyed or damaged as a result of any work under this Agreement. APPLICANT shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 7. Permits. APPLICANT shall, at APPLICANT'S expense, obtain all necessary permits and licenses for the construction and installation of the Improverents, give all necessary notices and pay all fees and taxes required by law. 8. Default of APPLICANT. a. Default of APPLICANT shall include, but not limited to, APPLICANT'S failure to timely commence construction of this Agreement; APPLICANT'S failure to timely complete construction of the Improvements; APPLICANT'S failure to timely cure any defect in the Improvements; APPLICANT'S failure to perform substantial construction work for a period of twenty (24) calendar days after commencement of the work; APPLICANT'S insohTency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which APPLICANT fails to discharge within thirty (34) days; the commencement of a foreclosure action against the Property or a portion thereof, or any conveyance on lieu or in avoidance of foreclosure; or APPLICANT'S failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of APPLICANT'S obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by APPLICANT. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, CITY damages for APPLICANT'S default shall be measured by the cost of completing the 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 6 of 13 required Improvements. The sums provided by the improvement security maybe used by CITY for the completion of the Improvements in accordance with the Improvement Plans and specifications contained herein. c. In the event of APPLICANT'S default under this Agreement, APPLICANT authorizes CITY to perform such obligation twenty (20) days after mailing written notice of default to APPLICANT and to APPLICANT'S Surety, and agrees to pay the entire cost of such performance by CITY. d. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of APPLICANT, and APPLICANT'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to APPLICANT as may be on the site of the work and necessary for performance of the work. e. Failure of APPLICANT to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against the Property. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITI'. APPLICANT agrees that the choice of remedy or remedies for APPLICANT'S breach shall be in the discretion of CITY. f. In the event that APPLICANT fails to perform any obligation hereunder, APPLICANT agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. g. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of APPLICANT. 9. Warranty. APPLICANT shall guarantee or warranty the work done pursuant to this Agreement for a period of one (1) year after final acceptance by the City Council of the work and Improvements against any defective work or labor done or defective materials furnished. Where certain Improvements are to be constructed in phases or sections, the one (1) year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by APPLICANT fails to fulfill any of the requirements of this Agreement or the Improvement Plans and specifications referred to herein, APPLICANT shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should APPLICANT fail to act promptly or in accordance with this requirement, APPLICANT hereby authorizes CITY at CITY option, to perform the work twenty days after mailing written notice of default to APPLICANT and to APPLICANT'S and agrees to pay the cost of such work by CITY. Should the CITY determine that an urgency requires repairs or replacements to be made before APPLICANT can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and APPLICANT shall pay to CITY the cost of such repairs. 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 7 of 13 10. APPLICANT Not Agent of CITY. Neither APPLICANT nor any of APPLICANT'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of APPLICANT'S obligations under this Agreement. 11. Iniury to Work. Until such time as the Improvements are accepted by CITY, APPLICANT shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by CITY, APPLICANT will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements specified in this Agreement prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by APPLICANT. 12. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to Agreements concurrently or previously executed between the parties, or from entering into Agreements with other Applicants for the apportionment of costs of water and sewer mains, or other Improvements, pursuant to the provisions of the CITY ordinance providing therefore, nor shall anything in this Agreement commit CITY of any such apportionment. 13. Applicant's Dbli~ation to Warn Public During Construction. Until final acceptance of the Improvements, APPLICANT shall give good and adequate warding to the public of each and every dangerous condition existent in said Improvements, and will take all reasonable actions to protect the public from such dangerous condition. 14. Vesting of Dwnershi~ Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the Improvements constructed pursuant to this Agreement shall vest in CITY. 15. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by City Council upon recommendation of the City Engineer after final completion and inspection of all Improvements. The City Council shall act upon the Engineer's recommendation within thirty (34) days from the date the City Engineer certifies that the work has been finally completed, as provided in Section 4 (Inspection) of this Agreement. Such acceptance shall not constitute a waiver of defects by CITY. 16. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for injury to persons or property occasioned by reason of the acts or omissions of APPLICANT, its agents or employees in the performance of this Agreement. APPLICANT further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of APPLICANT, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Property, and the Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by the CITY of the Improvements shall not constitute an assumption by the CITY of 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: S of 13 any responsibility for the design or construction of the Property or the Improvements pursuant to the approved Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the Improvement Plans, unless the particular improvement design was specifically required by CITY overwritten objection by APPLICANT submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Improvements, the APPLICANT shall remain obligated to eliminate any defect in design or dangerous condition causes by the design or construction defect; however APPLICANT shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Improvements. It is the intent of this action that APPLICANT shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 17. Sale or Disposition of Property Sale or other disposition of this property will not relieve APPLICANT fiom the obligations set forth herein. If APPLICANT sells the property or any portion of the property within the Property to any other person, the APPLICANT may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the APPLICANT may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the APPLICANT of the obligations under Section 16 (Indemnity/Hold Harmless) for the work or improvement done by APPLICANT. 18. Time of the Essence. Time is of the essence of this Agreement. 19. Time for Completion of Work/Time Extension. APPLICANT shall complete construction of the Improvements required by this Agreement within six (6) months of this Agreement. In the event good cause exists as determined by the City Engineer, the time for completion of the Improvements hereunder may be extended. The extension shall be made by writing executed by the City Engineer. Any such extension may be granted without notice to APPLICANT'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle APPLICANT to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which APPLICANT, could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by APPLICANT, shall constitute good cause for an extension of time for completion. As a condition of such extension, the City Engineer may require APPLICANT to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 20. Leal Responsibilities. The APPLICANT shall keep itself informed of all local, State and Federal Laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The APPLICANT shall at all times observe and comply with all such laws and regulations. The CITY, and its officers and 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 9 of 13 employees, shall not be liable at law or in equity occasioned by failure of the APPLICANT to comply with this section. 21. No Vestin~ghts. Performance by APPLICANT of this Agreement shall not be construed to vest APPLICANT'S rights with respect to any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the CITY: Notice to CITY: William G. Hughes, Director ofPublic T~orks/City Engineer City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to APPLICANT: Contact Name: Dick Bridy, Manager Company Name: Chaparral Village Partners, LLC Address: 1224 Prospect Street, Suite 150 La Jolla, CA 92037 Telephone No.: (858) 729-1833 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 27. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Manager. 28. Agreement Runs with Land. This Agreement shall be a covenant running with the land and shall be binding upon the Property and any future owners of the Property or successors in interest of APPLICANT, and shall run to the benefit of the CITY, until this Covenant is released or modified by the CITY. This Covenant shall run with the land and shall be a burden upon the 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 10 of 13 Property and shall be for the benefit of all real property owned or controlled by the CITY which is located in the City of Temecula, County of Riverside, State of California. This instrument is intended to be a covenant running with the land and such intention shall be liberally construed in favor of the CITY. 29. Terniination of Agreement. Notwithstanding anything provided herein to the contrary, the burdens of this Covenant may be terminated by the CITY at any time by execution and recordation of a notice terminating this Agreement. 30. CITY's Remedies for Breach. In the event of a violation of any of APPLICANT's obligations set forth herein, the CITY shall be entitled to all remedies at law or equity that may be available to it, including the right to seek an injunction against any violation hereof, an injunction prohibiting the use or occupancy of the Property, an action for specific performance, or an action for damages or calling of the Security. In addition to any other remedies available to the CITY, upon breach of this Agreement the CITY may refuse to issue or revoke any building permit, certificate of occupancy or similar permit, approval or certificate therefore issued for the Improvements to be constructed on the Property. APPLICANT acknowledges and agrees that in the event APPLICANT breaches this provision, the CITY may withhold the issuance of building or grading permits and/or refuse to process any land use applications for the Property. 31. For Benefit of CITY. This Agreement shall be enforceable by and inure to the benefit of the CITY and its successors and assigns and shall bind APPLICANT and APPLICANT's and successors and assigns. This Agreement shall be enforceable by the CITY and any assignee of the rights of the CITY. The CITY shall be entitled to assign its rights hereunder to any governmental agency or subdivision of the CITY or of the State of California. 32. Factual Investigation; Representations. APPLICANT acknowledges and agrees that in entering into this Agreement it has had the opportunity to consult with legal counsel and technical experts and has had the opportunity to thoroughly investigate the factual basis of the viability of the Improvements described in this Agreement. APPLICANT acknowledges and agrees that it has not relied upon any representations or opinions of the CITY, or any CITY employee, agent or consultant in deciding to pursue this alternative. APPLICANT acknowledges and agrees that it is solely responsible for the success or failure of the system. 'Signatures on next page 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 11 of 13 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. APPLICANT*: Chaparral Village Partners, LLC By: DBI Retail Ventures, LLC Name: Dick Bridy Title: By: _ Name: Title: (Proper Notarization of APPLICANT'S signature is required and shall be attached) * Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk RECOMMENDED FOR APPROVAL: William G. Hughes Director ofPublic Works/CityEnginee~ APPROVED AS TO FORM: Peter M. Thorson city Attorney 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 12 of 13 EXHIBIT A LEGAL DESCRIPTION OF PROPERTI' 11086/0004/1082237-2 AGREEMENT FOR UTILITY UNDERGROUNDING Page: 13 of 13 EXHIBIT B COST ESTIA~IATE FOR CONSTRUCTION OF IMPROVEMENTS 11086/0004/1082237-2 Exhibit "A" Legal Description Parcels 6 & 7 together with portions of Parcels 5 & 8 of Parcel Map 26232-2, in the City of Temecula, County of Riverside, State of California, according to map recorded in Book 189 of Parcel Maps at Pages 32 through 34, and Lot Line Adjustments recorded November 29, 2000 as Instrument No. 2000-72937 and November 21, 2001 as Instrument No. 2001-577408, official records of said Riverside County. ~Yt _ ~ ~r _ .-G.`,!_ fir `~~;~. .«~?~~ • . I:T_I?C_`.TF`. rC.l~.f.,. C~K»T.E't/~C-~ {.?.TZ`C, '1 h: C, -- -.-~ July 31, 200$ Primus Contracting Group PCQ # 1q 411 X16 Elrn St Suite D Murrieta Ca Phone: 951 461 0513 Fax: 951 461 X682 Attention: Tom Miistead RE: Chaparral Village Job # 7081 Subject: Scope of Work: Additional coet rcyttired for offsite Edison Work. Scope priC@tl per EgISOr1 Dwawing 7787148. Please s@e atEached sheet for material breakdown Total cast of proposed change: X66,98.5.00 Time extension days requested: p Days ExclusionslNotes Traffic Controlf Sawcut and removal of existing concretelasphalt Verizon Conduits Sincerely, Michael Sharble Operations Approved: AU[hOfized Signature Date Approved_ Printed Ndme, Title Thi9 chaise proposal is bascil uu Uic wool cast clcmcn~ such ~5 labor, ma.crial, cQUipment and allnwltble mark-up. The proposal dots not inCh,de any amount for interrcrcncc, disrOptiott, reSChCdulina, and change In tFc sequenc° OP~~~Ork, delays and/ or acccicrsti0n. We expressly resecve ti,a right to submit our request for any of these itorts should w~c he thced whit performing our work corder any of these renditions. Thi> change proposal ie limited to mrtdifcgtiona im•olving ,cope of Hvrtt. In wluhion, work ttwttrsy be requi:cd to comniete this change order, v,•i,lch is the work nfoihcr trades, i5 not ~rt of this Ch, ngC proposal, This ouotc is valid for 14 eAlcndar dove from the nhnv~date and void therrnFrer (n the event there am ptite fluctuations with;? that period, a~e resen•c the r:¢ht to chance the tiricinE:_ for due cause. prior to arpmval. 1111 wnr)e affrrtrtl by r1,~ acceptance or rcieetion of t:,e enaloped change evtimate quohti0^ is ui~ hold pending nntificsti0n_ 'o work will he erf cored on this rn oenl without written eh n e onlcr. Five star Elec~rica~ Contractar~! (95i) 894 7323" FAX (951) $94 7334 SUMMARY ShtE>~T PCO # 1q PRO.IEGT: Chaparral village JOB #: 713•' DESCRIPTION OF WQRK: Additional cost required >or ofisite Edison Work. Scope priced per E disc _ Drawing 7787148. Please see attached sheet for material bre2kdcsv'n SUBMITTED BY: Michael Sharble -` LABOR DATE: 31-Jul-08 Foreman 0.0 HRS X $fi5 00 Journeyman/Apprentice 192.0 HRS X . $52 00 = ~>0.00 Material Distribution-Labor 0 0 HRS X . $g,!3i14.00 ` Laborer . $0.00 = ; X0.00 Equipment Operator 0.0 HRS X $L}.pp = _ ;;0.00 ` Field Engineer 0.0 HRS X $0.00 = :0.00 CAD Operator 0.0 HRS X $0.00 = ~ 0.00 Estimator (As needed to each revision 0.0 0 0 HRS HRS X $0.00 = ~ 0.00 Productivity Lass . X $o.a0 . ~ i ~ o.oo Premium Time 0.0 HRS X $0.00 = ~ 0.00 0.0 HRS X $0.00 = - X0,00 ~ s~.n _ FRINGE/BURDEN MATERIAUQU~TES STANDARD MATERIALS Adder for Venting on 7x14' Vault QUOTED ITEMS SUB-CONTRACTORS EQUIPMENT EXPENSE SALES TAX JOB EXPENSE SMALL TOOL ~ RENTAUPURCHASE TOTAL SELLING PRICE 0.00% $ ].00 LABOR COST = $g,gg 1,00 ~43,5.~~3.00 _ $1,00).00 _ :6i ).00 _ ;~ci_o0 7.75°!o ti $3,4:i;•.25 MATERIAUQUOTES COST = $48 0' ' 25 - , . --~--_ 0% OF LABOR - - $•C .00 ~- -_... SUBTOTAL . _` 25 OVERHEAD 10% ~ $,'i,799,52 PRIME COST - $83,794.77 FEE 5% _ $3,189 74 SUBTOTAL = `>;r16,984 51 ~~ BOND 0.00% _ $3 00 - --- - PCO:! 1 SU1~T.3ARY ~ N W ('J U. O W Ut N rt ('~ cn F-~ n~ n r, 'C to ~- I-~ h-~ r ti 1--~ ~ ITt ~., ~• F-` O .A W O O O O H k~ ~ cla ~ tOr c ~~ car ~ 0 ~.~-7 n C~ c] ~ ~ _ _ _ m. ~ =+t ~ ~ fD ~ S1. b C7 c7 (~ C'~ c' ~ m n. rs „a cn -- rr y'' ~ ~ ~ Gh I--' J - O ~ ~-C s~. Q, R. R. C 7 - k X '~ O C C C C n' I--' n (D ~ O w N ~~ .~ rt R7 ~ N• ~, r. Imo. "~ rn n ~ W .a ~ N fD W rl t t t I• C'r h rCr nri C k ;~ rt rt r- ~- v co c? n r~ cn - :.: ~ G X m ~. N ~ N a W ~~ N Qt W - (D ~' r W J G1 ~ N W .a. N ~ I-~ ~ 4 a. N O W G1 :1t o co 0 0 Cn fn O O O N v ~.] N 1-' O~ (J7 N Vt 1-' F--~ ~ ~ N N o 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ITEM R1C~. 9 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 14, 2008 SUBJECT: Parcel Map No. 34387, located at the Southwest side of the knuckle of Nicole Lane & Overland Drive PREPARED BY: Daniel A. York, Deputy Director of Public Works/City Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Parcel Map No. 34387 in conformance with Conditions of Approval. BACKGROUND: Tentative Parcel Map No. 34387 proposes to subdivide 6.27 gross acres into three (3) parcels, three (3) developable parcels. The Parcel Map is located at the Southwest side of the knuckle of Nicole Lane & Overland Drive. Certain street monuments and all of the interior monuments were set prior to the map being recorded. On December 7, 2006, the City of Temecula Planning Commission approved Tentative Parcel Map No. 34387, with the appropriate Conditions of Approval. The owners, Creekside Retail Investors, LLC, have met the Conditions of Approval for map recordation. This Parcel Map is in conformance with the approved Tentative Parcel Map. The approval of a subdivision map, which substantially complies with the approved Tentative Map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: Vicinity Map Parcel Map No. 34387 PM 3487 Rp A° HESTER W~Np ~ o p~1ERLAND DRIVE ~ ~ .: o'-`-` W -.-: U Q z :• Z ~ S 7~1~1J~~'Jti r~ LANE w ~I T~ I G ~ARpARlTA Q RpAD 0 ~ Rp AD ~ ~F pRN~ P ~ G P - Fz PNpNp VICINITY MAP NOT TO SCALE ITEM NC}. 1d Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 14, 2008 SUBJECT: Parcel Map No. 35481, located at the Southwest corner of Rancho California Road and Moraga Road. PREPARED BY: Daniel A. York, Deputy Director of Public Works/City Engineer Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Parcel Map No. 35481 in conformance with Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful Performance, Labor and Materials and Monument Bonds as security for the agreement. BACKGROUND: Parcel Map No. 35481 proposes to subdivide 6.11 gross acres into two (2) parcels for commercial purposes. The parcel map is located at the Southwest corner of Rancho California Road and Moraga Road. Certain street improvements associated with the development of this map are required and monuments are required to be set. On October 3, 2007, the City of Temecula Planning Commission approved Tentative Parcel Map No. 35481, with the appropriate Conditions of Approval. The owners, Rancho View Professional Center, L.P., A California Limited Partnership have metthe Conditions of Approval for map recordation. This parcel map is in conformance with the approved tentative parcel map. The approval of a subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. FISCAL IMPACT: None ATTACHMENTS: 1.) Vicinity Map 2.) Parcel Map No. 35481 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 35481 DATE: October 14, 2008 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 323,500.00 $ 161,750.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 323,500.00 $ 161,750.00 Monumentation $ 2,100.00 - DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 329.00 Fire Fee $ 233.00 TCSD Fee $ 160.00 Plan Check Fee $ 3,330.00 Monumentation Inspection Fee $ 309.00 Fees Paid to Date $ 3,969.00 Balance of Fees Due $ 392.00 *To Be Determined VICINITY MAP THOMAS BROS 2008 EDITION: PAGE 958, J6 NOT TO SCALE CITY OF TEMECULA MAP NO. 35481 a ~~~~~ § d#g 8 ~ 41 ~~#` ~~~k~@J ~ aka 3 dEm ~ a $i`b $g E gq~ y~.~~~` S ^tai~~~ oF ~ •~~ggQ '~~~£ b z~ I a30 o ~ a _33 ~ ~~~~ff~~ ' ~E$~~^~~ yo ~.~, Sm ~R. 5 ~~~ w~ Ck E ~ ~. l * w Y ~ ~ i 4 S C~4' E a b y h ~ ~ c 4k " ~'~ a'€~ kk8h ~ ~ ~3[ t6§m ~` z gai 4t`' m w S~Bm~g ~ wh=~ ~~ ~ d ~y ~- 33 M 3 ~ ~~' AA k ~~~~~`~ ~ ~ ~~`k~ h ~ k ~z ~` k~^a ~~ @~ k zF` i ~ ~a m ~ 3~ 3 r w ~~a 3 a d F~~ia§ e ~x o ^ s~ ~4~n~~@e~ s ~ ~~ ~ a o g~ ~ ~ I v s§ $e ~ a Y ~ p kF ~ N L`d£~ 7 F §§k8k ~t~~ $ - J g w ~ Q ~~$~ k O U`eE k ¢E: Ic gg . 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Nab 9• yry // i qj q~5. # /~S'~o_ \ 4g~ \g° i~ Pao VrEZ ~c ~~~ lf; e9S ~u / QP? lN~`'1atE ~ V z q ~ `"~$_~Q•i 4- ~y1~P ~K ' ~.' 4- ITEM NC}. 11 Approvals City Attorney Director of Finance 5~~7~ City Manager /~/~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: October 14, 2008 SUBJECT: Purchase and Sale Agreement and Joint Escrow Instructions for the Purchase of Certain Property Rights Identified as Portion of Assessor's Parcel Number 920- 090-002 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Amer Attar, Principal Engineer RECOMMENDATION: That the City Council: Approve in substantially the form attached hereto the Purchase and Sale Agreement and Joint Escrow Instructions between the City of Temecula and Rancho California Water District (RCWD) forthe purchase of a 1.62 Acre (70,654 Square Foot) portion ofAssessor's Parcel Number 920-090-002 for the construction of the Pedestrian/Bicycle Bridge over Santa Gertrudis Creek, City Project Number PW05-11, at a purchase price of $3,293.00 plus escrow fees. 2. Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $3,293.00 to cover the cost of the property plus the associated escrow fees, approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. BACKGROUND: The Pedestrian/Bicycle Bridge over Santa Gertrudis Creek, City Project Number PW05-11, is included in the Capital Improvement Program for Fiscal Years 2009 -2013. The scope of work for this project includes the construction of an approximately 150' pedestrian/bike bridge over Santa Gertrudis Creek near Chaparral High School. The project includes the design, acquisition, environmental studies, mitigation, and construction of the abutments that will support the pre-cast steel bridge, including the approaches to the bridge. On February 8, 2007, the Rancho California Water District Board of Directors approved the sale of the property to the City for the sum of $3,293.00. This amount constitutes the amount RCWD paid for the portion the City is purchasing. The City delivered the original Purchase and Sale Agreement to on July 31, 2008, to Rancho California Water District for the property interests required for the project. The offer was for the purchase of a 1.62 Acre (70,654 Square Foot) portion of Assessor's Parcel Number 920-090-002. The attached Purchase and Sale Agreement describes the details of the acquisition of the required property interests to construct the Pedestrian/Bicycle Bridge over Santa Gertrudis Creek. FISCAL IMPACT: The Pedestrian/Bicycle Bridge over Santa Gertrudis Creek, City Project Number PW05-11, is funded with Development Impact Fees (DIF) Open Space/ Trails, Reimbursement from the Harveston Development, and the Federal Safe Route To School program. Adequate funds for this acquisition are available in Project Account No. 210-165-738- 5700. ATTACHMENTS Project Location & Description Purchase and Sale Agreement PROJECT LOCATION ProjectTitle PE DESTRIANIBICYCLE BRIDGE OVER SANTAGERTRUDISCREEK TO CHAPARRAL HIGH SCHOOLAND CITY TRAIL SYSTEM / yp~ CT ~ Q~G4 ~j~/sr Q o~ s o Q~'o z sTON PL ~°~ '~ zq pgkks/QF~R 0 m qn+a/NCS S wNSHJp Ro ' ° a a c7Q NICpLgS RD c ~ U4 ~ ~ J RlgN ~ a pN NRJ ~ Sr1AN p~ ~ a a ~ m c~ z ~ ~ ~ p hAR VRS Tp Q'~ U~ 2 a ~ rn kip ~a~p,cs ~ °~'. SqV A'Nq ~ ~ 0°~A n O p QpR RpRj a C ~BfRL,yNb RD A9GCy~ ~ ~ S RpSFegYCT RN~F</p~ ~sgpq R ~~~sr o ~ G~~ FNNq eT pN Cr ~ c' y cT ti ~ ~ ~ F1io ~ = s oRr a ~ =e ~q ~F,y ~N q ~ ~ 4p~'C VALLE pLVERA ~ NFd ~ y ~ ~~. n5, `N~CT Q- , =PO y~ °~ `~PG1R A 2 Zfi LARK T ~<j OFj~~~ ~v U Y p'A~ C~, Y ~ N p s~ ~~~ q s'9H ~~O ~C`FMADRRO e4~~~ O,f, ~ ~\ 114 PROJECT DESCRIPTION Project Title: PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH pRIORITY• II Project Type: Description: Department: Scope of Project: Benefit: Project Cast: Administration Acquisition Construction Construction Engineering Design MSHCP Totals Source of Funds: DIF (Open Space/Trails} Reimbursements/Other (Harveston Contribution} SRTS Total Funding: SCHOOL AND CITY TRAIL SYSTEM • Infrastructure Design and construct apedestrian/bicycle bridge from Margarita Road, near Harveston Way, over Santa Gertrudis Creek, to Chaparral High School and the City trail system on the south side of Santa Gertrudis Creek. Public Works - Account No. 210.165.738 Project will consist of a planning study, the establishment of easements, environmental review, Flood Control District approval, and the design and construction of a pedestrian bicycle bridge spanning approximately 200 feet over the Santa Gertrudis Creek. Project will provide a safe route for pedestrians and bicyclists to access Chaparral High School and the Santa Gertrudis Multi- Purpose Trail from Margarita Road. Actuals to Date 2008-09 2009-10 $ 14,610 $ 68,048 $ 10,000 $ 566,000 $ 15,000 $ 38,248 $ 135,752 $ 28,750 $ 52,858 $ 823,550 $ $ 300,888 $ 52,858 $ 97,142 $ 425,520 $ 52,858 $ 823,550 $ Future O & M Gost: $ 500 Annually Total Project 2010-11 2011-12 2012-13 Cost $ 8z,6ss $ 10,000 $ 566,000 $ 15,000 $ 174,000 $ 28,750 $ - $ - $ - $ 876,408 $ 300,888 $ 150,000 $ 425,520 - $ 115 - $ - $ - $ 876,408 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND RANCHO CALIFORNIA WATER DISTRICT FORA 1.62 ACRE (70,654 SQUARE FOOT) PORTION OF ASSESSOR'S PARCEL NUMBER 920-090-002 THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of (Effective Date") by and between RANCHO CALIFORNIA WATER DISTRICT ("Seller"), and the CITY OF TEMECULA, a municipal corporation ("City"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Company ("Escrow Holder"). RECITALS A. Seller is the sole fee owner and possessor of the property identified as Riverside County Tax Assessor's Parcel Number 920-090-002 ("Larger Parcel") consisting of approximately 2.46 acres. Approximately .84 acres of the westerly portion of the Larger Parcel is currently improved with the Winchester Pump Station and the remainder is vacant land. B. The City wishes to purchase and Seller desires to sell to the City an approximate 1.62 acre (70,654 square foot) portion of the Larger Parcel ("Property") for public purposes, namely for the construction of a pedestrian/bicycle bridge over Santa Gertrudis Creek to provide access to Chaparral High School and the Santa Gertrudis Multi-Purpose Trail from Margarita Road and Roripaugh Road. The Property is described more particularly in Exhibit "A" hereto and depicted on Exhibit "B" hereto. Exhibits "A" and "B" are incorporated in this Agreement by this reference. C. On February 8, 2007, the Board of Directors of Rancho California Water District approved the sale of the Property in fee to the City for the sum of $3,293.00 (Three Thousand Two Hundred Ninety-three Dollars). The $3,293.00 purchase price is calculated as follows: $5,000 (price Rancho California Water District paid for Larger Parcel) times 65.85 percent (representing the portion of the Larger Parcel that the City is acquiring). D. Seller desires to sell and the City desires to buy the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing Recitals and terms and conditions set forth below, which are incorporated herein by this reference, the parties hereto agree as follows: 11086\Ol 11\1057101.2\Santa Gertrudis -1- 1. Purchase and Sale. On the Close of Escrow (as defined below), Seller agrees to grant the Property to the City, and the City agrees to acquire the Property from Seller, on the terms and conditions set forth below. 2. Opening and Closing of Escrow. Within ten (10) days after the Effective Date of this Agreement, the City shall deliver afully-executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, "Opening of Escrow" shall mean the date on which Escrow Holder receives a fully executed copy of this Agreement. The "Close of Escrow" shall be the date that Grant Deed for the Property in favor of the City is recorded in the Official Records of the Riverside County Recorder's Office. The Close of Escrow shall occur after the performance of all duties and obligations under this Agreement. Before the Close of Escrow, Seller shall solely bear all risk of loss and damage to the Property from any source whatsoever. 3. Purchase Price. The total Purchase Price to be paid by the City for the Property is the sum of $3,293.00 (Three Thousand Two Hundred Ninety Three Dollars) ("Purchase Price"), which sum shall be paid to Seller in full in cash on the Close of Escrow. City shall deposit the Purchase Price into Escrow within ten (10) days of the Opening of Escrow. No attempt has been made to assign value to any lesser interest in the Property, including any leasehold estate. The Purchase Price, therefore, is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller shall be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall obtain and issue a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to the City and Seller. The City's fee interest in the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of Title Insurance provided for pursuant to this Section shall insure the City's fee interest in the Property free and clear of all liens, encumbrances, and restrictions, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. Real property taxes for the then current tax fiscal year, which are a lien not then due and payable; b. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and 11086\0111\1057101.2\Santa Gertrudis -2- c. The non-monetary exceptions approved by the City within fifteen (15) business days after the date the City receives from Escrow Holder the title commitment and legible copies of all instruments noted as exceptions therein. If the City unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to the City (less the City's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If the City conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, the City may, at its option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less the City's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, the City's interests in the Property shall be free and clear of all monetary encumbrances. 5. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed for the Property duly executed and acknowledged by Seller, granting to the City the fee title to the Property. The Grant Deed shall be in the form attached as Exhibit "C" hereto and shall be approved by the City prior to recording. 6. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of the City the Policy, showing the City's interests in the Property vested in the City subject only to the Permitted Title Exceptions; b. Escrow Holder shall have received the City's notice of approval or satisfaction or waiver of all of the contingencies to the City's obligations hereunder, as provided for in Section 13; and c. Seller shall have deposited with Escrow Holder the Grant Deed required by Section 5. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 7. Escrow Charges and Prorations. a. The City shall pay the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out- of-pocket expenses for messenger services, long distance telephone, etc. The City shall 1108610111\1057101.21Santa Gertrudis -3- pay any fees or costs relating to recording of the Grant Deed with the Recorder's Office of the County of Riverside. City shall pay any documentary or other local transfer taxes, and any other recording fees. Taxes, assessments, penalties, interest charges, and delinquency charges of every kind levied upon or assessed against the Property, if any, except as otherwise expressly set forth herein, shall be paid by Seller through Escrow to the Close of Escrow. If the Escrow shall fail to close through no fault of either party or the fault of the City, the City shall pay all Escrow cancellation charges. b. Taxes and assessments will be apportioned and prorated with respect to the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if the City were vested with title to the Property during the entire day upon which Close of Escrow occurs. If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller will be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and the City will pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property. c. All prorations will be determined on the basis of a 365-day year. 8. License to Enter. Seller hereby grants to the City and the City's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil or geological tests of the Property and an environmental site assessment thereof, including aPhase Iand/or Phase II environmental assessment. The City will give Seller reasonable notice before going on the Property. The City does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property that is in any way connected with the City's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section 8. If the City fails to acquire the Property due to the City's default, this license will terminate upon the termination of the City's right to purchase the Property. In such event, the City will remove or cause to be removed from the Property all of the City's personal property, facilities, tools and equipment. Seller expressly acknowledges that the City shall have the right to cancel the Escrow in its sole discretion if it does not approve of the soil or 11086\0111\1057101.2\Santa Gertrudis -4- geological tests or the envirorunental assessments, including aPhase Iand/or Phase II. City agrees to pay the Escrow charges relating to any such cancellation. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to the City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Seller hereby warrants and represents to the best of Seller's knowledge that (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. To this end, it is agreed that notwithstanding the conveyance of the Property to the City, Seller shall indemnify, protect, defend and hold harmless the City from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. b. Seller hereby warrants and represents that neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to the City, shall at Close of Escrow violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. c. Seller hereby warrants and represents that there are no mechanics', materialmen's or similar claims or liens presently claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold the City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow by or on behalf of Seller. d. Seller hereby warrants and represents that there are no written or oral leases or contractual right or option to rent, lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons other than Seller has any right of possession to the Property or any part thereof. 11086\011111057101.21Santa Gertrudis -5- e. Seller hereby warrants and represents that Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that is in any way related to the Property. f. Seller hereby warrants and represents that to the best of Seller's knowledge, Seller is the sole owner of the Property, free and clear of all liens, encumbrances, easements, encroachments from adjacent properties, or rights of way of any nature, other than those that may appear of record in the Official Records of the Riverside County Recorder's Office. 10. Representations and Warranties of the City. City hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. City has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. 11. Full Payment of Obligations of City. a. It is understood and agreed between Seller and the City that the payments made by the City to Seller as set forth in this Agreement represent anall- inclusive settlement and is full and complete payment of compensation for the acquisition of the interests pertaining to the Property and includes and satisfies any and all other payments, if any, that may be required by law to be paid to Seller arising out of the acquisition of the Property, and specifically includes, but is not limited to, just compensation for the Property, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, or any other damages of every kind and nature suffered or to be suffered by Seller by reason of the City's acquisition of the Property or the Project for which the City is acquiring the Property. b. The parties acknowledge that the City's acquisition of the Property will not result in the displacement of any person. Accordingly, it is further understood and agreed that the City will have no further obligation to Seller under any federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations). 11086\0111\1057101.2\Santa Gertrudis -6- 12. Releases. a. This Agreement is a voluntary agreement and Seller, on behalf of itself and its heirs, successors and assigns, hereby fully releases the City, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of the City's efforts to acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold the City harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. b. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settl ent with the debtor." Seller's Initials City's Initials c. This Section 11 shall survive the Close of Escrow. 13. City's Contingencies and Satisfaction. For the benefit of the City, the Closing of Escrow and the City's obligation to consummate the acquisition of the Property shall be contingent upon and subject to the occurrence of all of the following (or the City's waiver thereof, it being agreed that the City can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The deposit with Escrow Holder of the Grant Deed pursuant to Section 5 above, the form of which is attached as Exhibit "C" to this Agreement. c. Escrow Holder's commitment to issue in favor of the City of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing the City's fee interest in the Property subject only to the Permitted Title Exceptions. 11086\0111\1057101.2\Santa Gertrudis -7- d. The City's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that the City might perform prior to the Close of Escrow. 14. Seller's Contingencies. For the benefit of Seller, the Close of Escrow and the Seller's obligation to sell the Property to City shall be contingent upon and subject to the occurrence of all of the following (or the Seller's waiver thereof, it being agreed that the Seller can waive any or all such contingencies on or before the Close of Escrow): a. That as of the Close of Escrow, the representations and warranties of City set forth in this Agreement shall all be true and correct. b. City shall have delivered the total Purchase Price for the Property. c. City shall have timely performed all other obligations of City under this Agreement. 15. Certification of Non-Foreisn Status. Seller covenants to deliver to Escrow a certification ofNon-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 16. Default. In the event of a breach or default under this. Agreement by either the City or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if the City is the non-defaulting party, the City shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non- defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 17. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party. The parties agree, however, that if any party gives notice in writing of a change of name or address to the other party, notices to such party shall thereafter be given as demanded in that notice: 11086\0111\1057101.2\Santa Gertrudis -8- CITY: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Shawn Nelson, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SELLER: Rancho California Water District 42135 Winchester Road P.O. Box 9017 Temecula, CA 92589-9017 Attention: Andrew Webster COPY TO: Best Best & Krieger LLP Attention: C. Michael Cowett 655 West Broadway, 15th Floor San Diego, California 92101 ESCROW First American Title Company HOLDER: 3625 14~' Street Riverside, CA 92501 Attention: Debra Dunn, Escrow Officer Tel. No. (951) 787-1757 Fax No. (866) 558-2890 18. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 19. Amendments. Any amendments to this Agreement shall be effective only when duly executed by the City and Seller and deposited with Escrow Holder. 20. Miscellaneous. a. Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. 110861011111057101.2\Santa Gertrudis -9- b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between the City and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein shall be valid or binding on Seller or the City. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. f. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their legal counsel review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or Exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party shall be entitled to recover reasonable attorneys' fees from the other party. 11086\0111\1057101.2\Santa Gertrudis -10- 22. Assignment. The City may assign its rights under this Agreement or may designate a nominee to acquire the Property, provided, however, that any such assignment or designation shall not relieve the City of any of its obligations under this Agreement. 23. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Sections 10 and 11 hereof, and the City and Seller release Escrow Holder from liability or obligation as to Sections 10 and 11 hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER ATTEST: Susan W. Jones, MMC, City Clerk Approved as to Form: Peter M. Thorson, City Attorney hilli .Forbes, Interim General Manager Rancho California Water District CITY OF TEMECULA, a municipal corporation: Shawn Nelson, City Manager 11086\Ol 1111057101.21Santa Gertrudis -11- EXHIBIT "A" Legal Description - APN 920-090-002 Nolte Associates 15070 Avenue of Science, Suite 100 San Diego CA 92128 May 8, 2008 JN: SDB032001/01 Page 1 of 1 City of Temecula Purchase Parcel from Rancho California Water District APN 920-090-002 Legal Description That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being a portion of the land described in a Grant Deed to Rancho California Water District recorded August 8, 1996 as Instrument No. 96-298283 of Official Records in the Office of the County Recorder of said Riverside County, described as follows: COMMENCING at the northerly terminus of that certain course in the westerly right-of- way line of the Santa Gertrudis Flood Control Channel having a bearing and distance of "North 43°17'40" East 267.82 feet" as shown a Record of Survey filed in Book 103, Pages 54 and 55 of Record of Surveys in said Office of the Riverside County Recorder, said northerly terminus being a point on anon-tangent curve concave northwesterly and having a radius of 1904.50 feet, a radial line of said curve from said point bears North 52°47'37" West; thence along said curve and said westerly right-of-way line 222.40 feet through acentral -angle of 06°41'27" to the TRUE POINT OF BEGINNING; thence leaving said westerly right-of-way line North 60°12'30" West 128.56 feet to the easterly right-of-way line of Margarita Road (110 feet wide) as shown on said Record of Survey; thence along said easterly right-of-way line North 321'21" East 665.27 feet to the beginning of a tangent curve concave northwesterly and having a radius of 1655.00 feet; thence along said curve 357.86 feet through a central angle of 12°23'20" to the northerly line of said land conveyed to Rancho California Water District; thence along the northerly and easterly lines of said lands through the following courses: South 70°01'59" East 16.96 feet; thence South 105'26" West 51.42 feet; thence South 23°55'11" West 760.52 feet to the beginning of a tangent curve- concave northwesterly and having a radius of 1904.50 feet; thence along said curve southwesterly 219.24 feet through a central angle of 06°35'45" to the TRUE POINT OF BEGINNING. CONTAINING: 1.622 Acres, more or less. KEVIN D. McHUGH Jr., PLS 6310 License Expires: 9-30-08 N:\SDB032001 \DoC103201g101 20080508.doC EXHIBIT "B" Plat Map - APN 920-090-002 TIME: DATE: OS-08-08 PATH: N:\SDB032001\CADD\SURVEY SERVER: SERVICE: DRAWING NAME: EH-07.DWG ~ ~/ ~ / o° S70'01'59"E / ~/ / / n 16.96' / o° i o° ~ / 0 ~. ~~ ~ 51.42' „~ ,~ ~ v v ~ ^\ '~~~ '~~ ~ ^~O' ~ ~ ~~ f f hry ~\ SCALE: 1" = 200' ,~~ ~ _r-f~ ,~ o /~~ / `J _~ C,~ ~' ry hh ~ ~ ~~ ~ /~`o ~ t~ h~ y Qj ^~~ N'LY LINE INST. N0. 96-298283 O.R. (N71'02'41"W 71.90') 7 ~~ ~,~' ~"~ ~' ~~ ~ INDICATES CITY OF TEMECULA ACQUISITION AREA = 1.622 AC. ti "`~. ~ ~. / ~ ~~ ~~.~~^, ~'~~ ~, / APN 920-090-002 ~o ` N60'12'30"W SS./~"~~ o~ ~~ ~ 128.56' ~ SS. ,?` V / T.V.U.S.D. / _ _~ ,~ 2~ INST. N0. 384757 O.R. ~ ---~~ ~` r,Q' / (9/30/93) o`° oa• °` „~,~~~~ti ~ ,~. `NS`9? i `. 90 / ~ ~ / 80.39' ~ ~ Q `~ ~ l AO ¢ ~~/ \ ~; i /°`~°°~' °o NST. N0. p ~: ~~`~'~ / / o/ 2787 O.R. ~ ~~' ~' (5-28-82 ` S A l ~~ ~ l \A~~~jy ~ ~~. ~~, pC. ~~~J ~,~ ~~S s. ~~~ T.V.U.S.L. ' ~ / INST. N0. 302046 O.R. / ~ V ~ ~~' ~ (8/1 /94) I 4~ I / sf /l / q' I,~.I \ 55 155 / ~ / SAND D~~" H Na 6310 EXP. 9-30-OS CA / \ / PREPARED BY: 6310 P.L.S.. No. DATE NO CITY 0 F TEMECULA SHEET NUMBER R.C.W.D. PURCHASE PARCEL ~ BEYOND ENGINEERING 1.622 Ac. Net OF 1 SHEETS 15010 AIFMIE OF SLIENNCE SlI1TE 100 SAN DIEGO, CA 92128 ,JQB NUMBER ase.~oSDDIEE ~es~.oaooEAx www.NaTECW PREPARED FOR: CITY OF TEMECULA DATE SUBMITTED: 5/08/08 Rev SDB032001 EXHIBIT "C" Grant Deed - APN 920-090-002 Recording Requested by and when recorded return to: CITY OF TEMECULA Attention: City Clerk 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 SPACE ABOVE THIS LINE FOR RECORDER'S USE No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 APN: 920-090-002 [ ]ALL [X] PORTION GRANT DEED WHEREAS, Rancho California Water District, a Public Corporation, organized and operating pursuant to the California Water Code ("Grantor"), is the fee owner of the real properly identified as Riverside County Assessor's Parcel Number ("APN") 920-090-002 ("Grantors' Property"); and WHEREAS, Grantor desires to grant to the City of Temecula, a municipal corporation, located in the County of Riverside, State of California (referred to as "Grantee" below") and Grantee desires to acquire from Grantor an approximate 1.62-acre (70,654 square foot) area in fee from Grantors' Property for a public use, namely for the construction of a pedestrian/bicycle bridge over Santa Gertrudis Creek to provide access to Chaparral High School and the Santa Gertrudis Multi-Purpose Trail from Margarita Road and Roripaugh Road. NOW, THEREFOR, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee the following described real property, which is an approximate 1.62-acre (70,654) square foot portion of APN 920-090-0021ocated in the City of Temecula, County of Riverside, and is described on Exhibit "A" and depicted on Exhibit "B" hereto. Exhibits "A" and "B" are attached hereto and incorporated herein by this reference as if set forth in full herein. 11086\0111 \1085246.1 1 IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of .2008. RANCHO CALIFORNIA WATER DISTRICT ("GRANTOR") Philli .Forbes, Interim General Manager Rancho California Water District APPROVED AS TO FORM: BEST BEST & KRIEGER LLP By: C. Michael Cowett 11086\0111 \1085246.1 2 STATE OF CALIFORNIA } ss. COUNTY OF } On , before me, a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 11086\0111 \1085246.1 CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code § 27281) This is to certify that the above-attached GRANT DEED granted to the City of Temecula, a municipal corporation, by Rancho California Water District, is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: City of Temecula By: William G. Hughes, Director of Public Works/City Engineer ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney 11086\0111 \1085246.1 ITEM NC}. 12 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: October 14, 2008 SUBJECT: Second Amendment to a Geotechnical and Material Testing Professional Service Agreement for the Old Town Infrastructure Projects PW06-07 (C & E) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP David McBride, Senior Engineer RECOMMENDATION: That the City Council approve the Second Amendment to the Agreement with Leighton Consulting, Inc., for professional geotechnical & material testing services, in the amount of $40,000.00 for the Old Town Infrastructure Projects PW06-07 (C & E) and authorize the City Manager to execute the Amendment. BACKGROUND: On April 8, 2008, City Council approved a professional services agreement with Leighton Consulting, Inc., in the amount of $50,130.00 and authorized a contingency amount equal to 10% of the contractor $5,013.00 for geotechnical and material testing services. On July 8, 2008, City Council approved the first amendment to the agreement, for an additional $9,000.00 to perform additional soil borings and testing, required by Caltrans, for the proposed perimeter retaining wall along Interstate 15. While the project is progressing satisfactorily, it has taken significantly more testing hours to rough grade the Town Square then anticipated, the utility work associated with the infrastructure project (i.e. sewer and water) and the utility undergrounding project have expanded beyond what was originally designed or accounted for in the original contract, and with the redesign of the fountain elements we anticipate a greater need for material testing to complete all elements of this project. FISCAL IMPACT: The Old Town Infrastructure Projects (Town Square & Mercedes and Main Street Improvements) PW06-07 (C & E) are funded with Redevelopment Agency Bond Proceeds. The total cost of the original Agreement is $55,143.00, which includes a $5,013.00 contingency. This First Amendment was for an amount of $9,000, bringing the total Agreement authorization to $64,143.00. This Second Amendment is for an amount of $40,000, bringing the total Agreement authorization to $104,143.00. Adequate funds are available within project accounts No. 210-165-636-5805 and 210-165-643-5805 for this request ATTACHMENTS: Second Amendment to a Professional Service Agreement with Leighton Consulting, Inc. SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL GEOTECHNICAL AND MATERIAL TESTING SERVICES BETWEEN CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. OLD TOWN INFRASTRUCTURE PROJECTS {Streets & Town Square Improvements} PROJECT NO. PW06-07{1C} THIS SECOND AMENDMENT is made and entered into as of October 14, 2008 by and between the City of Temecula, a municipal corporation ("City") and Leighton Consulting, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On April 8, 2008 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Professional Geotechnical & Materials Testing Services ("Agreement") in the amount of Fifty Thousand One Hundred Thirty Dollars and No Cents {$50,130.00). B. On July 8, 2008, the Agreement was amended, increasing the total compensation by the amount of Nine Thousand Dollars and No Cents ($9,000), for soil borings and testing associated with the perimeter retaining wall of the Civic Center site along Interstate 15. C. The parties now desire to increase payment for additional geotechnical & material testing services for the additional work anticipated to complete all aspects of the project, in the amount of Forty Thousand Dollars and No Cents {$40,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 5. PAYMENT of the Agreement is hereby amended as follows: A. Replace paragraph 5a with the following: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Tasks to be Performed and Payment Rates, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed Ninety Nine Thousand One Hundred Thirty Dollars and No Cents {$99,130.00), including the original agreement amount of $50,130 and the first amendment amount of $9,000, for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 3. Exhibits A to the Agreement are hereby amended by adding thereto the items set forth on Attachment "A" to this amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. L\Program Files (x86}Weevia.ComlDocument Converterltemp1896918.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson, City Manager ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Leighton Consulting, Inc. 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590 (951) 296-0530 Tom C. Benson, JR. President and CEO Terry Brennan, CFO (Two Signatures Required For Corporations) z C1Program Files (x86}Weevia.ComlDocument Converterltemp1896918.doc ATTACHMENT "A" Tasks to be Performed and Payment Rates AMENDMENT NO. 2 PROFESSIONAL GEOTECHNICAL & MATERIAL TESTING SERVICES OLD TODUN INFRASTRUCTURE PROJECTS (Streets & Town Square Improvements) PROJECT NO. PVN06-07(1C) L\Program Files (x86}W eevia.ComlDocument Converteritemp1896918.doc ATTACHMENT "A" TASKS TO BE PERFORMED AND PAYMENT RATES (AMENDMENT N0.2 ) Old Town Infrastructure Project PW06-07{1 C} Tasks to be Performed and Payment: 1. Additional Geotechnical Observation & Material Testing $40,000.00 Payment TOTAL AMOUNT OF THIS AMENDMENT 40 000.00 These tasks shall be completed by as requested by the City of Temecula L\Program Files (x86}W eevia.ComlDocument Converterltemp1896918.doc TEMECULA COMMUNITY SERVICES DISTRICT ITEM NC}. 13 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT SEPTEMBER 23, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 8:16 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Edwards, Naggar, Washington, Comerchero ABSENT: 1 DIRECTORS: Roberts Also present were Assistant City Manager Adams, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS A. Ms. Lorena Spencer, Temecula, commented on what she viewed as alleged corruption by City Council Members and City Attorney and question the successes of Mayor Naggar and Council Member Comerchero. CSD CONSENT CALENDAR 16 Minutes RECOMMENDATION: 16.1 Approve the minutes of September 9, 2008. 17 Acceptance of a Landscape and Retaining Wall Maintenance Easement Deed for a slope area along La Serena Way RECOMMENDATION: 17.1 Accept the Landscape and Retaining Wall Maintenance Easement Deed for a slope area along La Serena Way adjacent to the Serena Hills Development. MOTION: Director Naggar moved to approve the Consent Calendar. Director Washington seconded the motion and electronic vote reflected approval with the exception of Director Roberts who was absent. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No reports at this time. CSD GENERAL MANAGERS REPORT No reports at this time. R:\Minutes\092308 CSD BOARD OF DIRECTORS REPORTS No reports at this time. CSD ADJOURNMENT At 8:19 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, October 14, 2008, 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\092308 ITEM NC}. 14 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: October 14, 2008 SUBJECT: Agreement with Musco Lighting for Relamp Baseball and Soccer Field at the Various Parks. PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors approve the Agreement with Musco Lighting in the amount of $33,100 plus a 10% contingency in the amount of $3,310 to Relamp Baseball and Soccer Field at the Various City Parks. BACKGROUND: All the existing sports field lighting fixture in the City of Temecula are manufactured by Musco Lighting. This fixture takes special type Musco lamps. To maintain quality of sports parks lighting system the Musco lamps (1500 Watts Z-LA-30ZP-1) should be replaced every 3000 hours. On this time, the 312 Musco lamps at the various baseball and soccerfields exceed the limit and require maintenance by replacement. Currently the Temecula Community Services Department (TCSD) has contract in place with Power Distributors Inc. However, TCSD requested other vendors to provide quotes for replacement of sports field lamps. TCSD received two (2) proposals, one proposal from Power Distributors Inc, and another one from Musco Lighting. The proposals were evaluated to determine the most qualified vendor. Musco Lighting was determined to be the lowest qualified vendor for the required services. The contract will provide maintenance through the replacement of sports field lamps at the baseball and soccer fields which have exceeded the replacement timeframe. I n addition, the Agreement will include a 90-day Warranty on lamps and Labor. FISCAL IMPACT: The amount to provide replacement of sports field lamps is $33,100 plus an additional 10% contingency of $3,310. Sufficient funds have been included in the Annual Operating Budgets for Fiscal Year 2008 - 2009 in the following account: 190-180-999-5250 ATTACHMENTS: 1) Contract R:\SIRE REPORTS ET AL\Maintenance\Agenda Report 2008-2009\Agenda Report Musco Lighting 08-09.doc TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR ELECTRICAL MAINTENANCE SERVICES TH15 MAINTENANCE SERVICES CONTRACT, made and entered into as of October 14, 2008 by and between the Temecula Community Services District, {"District") and Musco Lighting ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on October 14, 2008 and shall remain and continue in effect until June 30, 2009 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. {"Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. 3. PAYMENT. The District agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Thirty Three Thousand One Hundred Dollars and 00 Cents ($33,100.00) for the total term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a farm acceptable to the Director of Finance. Invoices shall be submitted on or about the first 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 District disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice. 4. CHANGE ORDERS. The General Manager may approve additional payment up to ten (10%) of the amount of the Agreement. Change orders exceeding these limits shall be approved by the Board of Directors. 5. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 6. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the District or its authorized representatives. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\895851.doc 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 3., above, Contractor shall submit to District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the District under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages, and the general rate far holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Consultant from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http:llwww.dir.ca.gov. Consultant 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. Consultant 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, Consultant shall forfeit to the City, as a penalty, the sum of $50.00 far each calendar day, or portion thereof, for each laborer, worker, ar mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend ar terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void ar invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\895851.doc b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the District 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. 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District its 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, Agency and/or District its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Contract, excepting only liability arising out of the negligence of the City, Agency, and/or District. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, ar employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: {1) Insurance Services Office Commercial General Liability coverage (CG 00 01 11 85 or 88 (2} Insurance Services Office Business Auto Coverage form CA 00 06 92 01 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-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 Contractor has na employees while performing under this contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\895851.doc (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the General Manager. At the option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, ar be endorsed to contain, the following provisions: (1) The District, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the District, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this Contract shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the District via certified mail, return receipt requested of the changes to or cancellation of the policy. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\895851.doc e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Contractor, by executing this Contract, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. TIME OF THE ESSENCE. Time is of the essence in this Contract 14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the District nor any of its officers, employees ar agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur ar have the power to incur any debt, obligation or liability whatever against the District, or bind District in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial C:\Program Files (x86)\Neevia.Com\Document Converter\temp\895851.doc investigations or reports prepared by the District for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation ar for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the General Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. PROHIBITED INTEREST. No officer, officer, or employee of the District shall have any interest, direct or indirect, in this Contract of the proceeds thereof the Contractor, or Contractor's sub-contractors far this project during his/her tenure or for one year thereafter. The Contractor hereby warrants and represent to the District that no officer or employee of the District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or the Contractor's sub-contractors on this project. Contractor further aggress to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Contract. 19. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 20. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 22. 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. 23. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Contract 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: C:\Program Files (x86)\Neevia.Com\Document Converter\temp\895851.doc To District: Temecula Community Services District 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Contractor: Musco Lighting 100 1 ~ Ave West PO Box 808 Oskaloosa, IA 52577 Phone {800) 825-6020 Fax: (888) 397-8736 Contact Person: Troy Shilling 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal City court with jurisdiction over the City of Temecula. 27. 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. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\895851.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero. President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Musco Lighting 100 1 ~` Ave West PO Box 808 Oskaloosa, IA 52577 Phone (800) 825-6020 Fax: (888) 397-8736 Contact Person: Troy Shilling By: Name: Title: By: Name: Title: (Two Signatures Required for Corporations) C:\Program Files (x86)\Neevia.Com\Document Converter\temp\895851.doc EXHIBIT "A" SCOPE OF WORK Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Contractor for the maintenance services, upon real and personal property of the District. Work will include maintenance services, emergency services and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Community Services ("Director") or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency performance is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency performance undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. • Re-lamp 312 Musca 1500 watt level 8 fixtures (replace lamps, clean lenses and reflectors, lights level survey, old lamp disposal. • This will include 90 day Warranty on lamps and labor. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\895851.doc 100 1 ~` Ave West ~ PO Box 808 ~ Oskaloosa, IA 52577 Phone: {800) 825~i020 ~ Fax: {888) 397-8736 •E-mail troy.shillingQmusco.com City of Temecula Relamp City of Temecula Temecula, ca Date: August 22, 2008 Attention: Jerzy Kanigowski Quotation Price The fee for services rendered including labor, lift, materials, freight and lamp disposal..........$31,329.00 Plus applicable sales tax. Scone of Service Musco proposes the following service: • Re-lamp 312 Musco 1500 Watt Level 8 fixtures {Replace lamps, clean lenses and reflectors, Light level survey, Old lamp disposal) Parks broke out below. • This will include 90 day Warranty on the lamps to include Lamp and Labor. 1. Sports Park Relight NorthlSouth field and Soccer field 82 fixtures 2. Temecula Middle School Baseball and Football 130 fixture 3. Pala Soccer field 24 fixtures 4. Paloma Del Sol baseball #1 and #2 76 fixtures In connection with the Services, Musco will provide basic materials consisting of 312 Musco 1500 watt Z Lamp with painted Arc cap {LA-30ZP-1 }. If additional time or materials are needed to complete the Project, Musco will obtain Customer's consent before proceeding. Notes • Reasonable access to all poles with construction-sized lift if required. • Light level survey must be completed at night the same day asthe re-tamping. • Ground protection {plywood} and assistance to move, if needed, provided by owner. Payment Terms Payment terms net 30 days from delivery. Late payment will be subject to service charges of 1 'h% per month {18% APR). Any additional materials needed will be charged at an additional price. In C:~Program Files (x86)Weevia.Com\Document Converter~fempi895851.doc addition, City of Temecula shall pay and be responsible for when due all local applicable sales, use, franchise, gross receipts, or similar taxes relating to this Agreement. If any payment is not made when due, Customer will pay a delinquent charge of 1-112% for each month, or portion of a month, that a past due balance remains unpaid. Customer agrees to pay all cost (including reasonable attorneys fees and court costs) associated with collecting any delinquent amounts due. Freight Charges have been included in the above prices. Sales tax is NOT included as part of this quote. Licenses and Permits MUSCO, a non-union organization, requires City of Temecula to arrange and secure all licenses, permits andlor applicable labor contracts with local authorities. MUSCO shall not beheld responsible for local union labor and any permits, if required. Nonliabiliiy Before Musco enters the Property to setup its equipment under this Agreement, Customer must notify Musco of any landscaping or surface areas that are to be avoided by Musco in setting up its equipment. Absent Musco's negligence or willful misconduct, Musco is not, at any time or to any extent, liable, responsible or in anyway accountable for any loss, injury, death or damage to persons or property, from any cause that at any time maybe suffered or sustained by Customer, or by any person on or about the Property arising out of the entry or activities on the Property by Musco, or any person or persons permitted on the Property by Musco. Prices are good for acceptance and delivery for 90 days only, unless such time is extended in writing. If you have any questions regarding the quotation, please call me at 800-825-6020 . Sincerely, ~h - d Troy Shilling Lighting Services Representative Musco Sports Lighting 800-825-6020 888-397-8736 fax troy. sh it li n g@m u sco. corn C:1Program Files (x86}1Neevia.ComlDocument Converterltemp1895851.doc REDEVELOPMENT AGENCY ITEM NC}. 15 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY SEPTEMBER 23, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:19 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, ABSENT: 1 AGENCY MEMBERS: Roberts Also present were Assistant City Manager Adams, City Attorney Thorson, and City Clerk Jones PUBLIC COMMENTS No comments at this time. RDA CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of September 9, 2008. 20 Northwest RDA Property Grading and NPDES Compliance, PW06-03 Increase in Contingency Funds and Approval of RCWD Temporary Access Agreement RECOMMENDATION: 20.1 Approve an increase of $91,671.49 in the contingency funds for Skanska construction contract, Project No. PW06-03, and authorize the Executive Director to approve change orders not to exceed the total contingency amount of $622,436.43; 20.2 Approve a Temporary Entry Agreement with the Rancho California Water District, and authorize the Executive Director to execute the Agreement. MOTION: Agency Member Comerchero moved to approve staff recommendation. Agency Member Washington seconded the motion and electronic vote reflected approval with the exception of Agency Member Roberts who was absent. RDA DEPARTMENTAL REPORT No reports at this time. R:\Minutes1092308 RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. RDA ADJOURNMENT At 8:21 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, October 14, 2008, 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 Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City ClerklAgency Secretary [SEAL] R:\Minutes1092308