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HomeMy WebLinkAbout071409 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 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 14, 2009 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. - Closed Session of the City Council pursuant to Government Code Sections: 1) Conference with City Attorney to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. 2) Public Employee Performance Evaluation for the incumbent position of City Manager pursuant to Government Code Section 54957. Conference with designated representatives, Mayor and City Attorney, concerning possible negotiation of adjustments of salary and benefits for the unrepresented position of City Manager pursuant to Government Code Section 54957.6, provided that final action on such matters, if any is proposed, would only take place as an agenda item in open session of the Council. 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: 09-05 Resolution: 09-65 1 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Susan Miyamoto Invocation: Reverend Jonathan Maxey of Grace Chapel of Temecula Valley Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards Parks and Recreation Month Proclamation Business/Industry Recognition Program - Manufacturers PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 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. Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of June 23, 2009. List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of May 31, 2009 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of May 31, 2009. Fifth Amendment to Agreement for Law Enforcement Services RECOMMENDATION: 5.1 Approve the Fifth Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula to include converting one Patrol Officer to a Mall Officer, converting one Patrol Officer to a School Resource Officer, and removing two Special Enforcement Team positions which have remained unfunded for the past year. Annual Purchase Agreement for FY 2009-2010 for the Purchase of Asphalt Products RECOMMENDATION: 6.1 Approve the purchase agreement for FY 2009-2010 with CalMat (dba Vulcan Materials Company) in the amount of $100,000 and authorize the Mayor to execute the agreement. Annual Purchase Agreement for Citywide Street Name Signs, for FY 2009-2010 RECOMMENDATION: 7.1 Approve an annual agreement with Main Street Signs in the amount of $75,000 for FY 2009-2010 and authorize the Mayor to execute the agreement. 8 Settlement Agreement between the City of Temecula and Parker Family Enterprises, LLC RECOMMENDATION: 8.1 Approve the Settlement Agreement between the City of Temecula and Parker Family Enterprises, LLC concerning the real property designated as Assessor's Parcel Number (APN) 922-045-011; 8.2 Approve in substantially the same format as attached, a Quitclaim Deed transferring the City's interest in APN 922-045-011 to Parker Family Enterprises, LLC; 8.3 Approve a Temporary Construction Easement in substantially the same format as attached, allowing the City to encroach upon APN 922-045-011 until the construction of the Main Street Bridge is completed. 9 Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 23064 (located northeasterly of the intersection of Deer Hollow Way and Peppercorn Drive) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23064) 10 Award a Construction Contract for Street Stripina Proaram for FY 2009-2010. Project No. PW09-04 RECOMMENDATION: 10.1 Award a Construction Contract for the Street Striping Program for FY 2009-2010, Project No. PW 09-04, to Pacific Striping, Inc. in the amount of $111,925; 10.2 Authorize the City Manger to approve change orders not to exceed the contingency amount of $11,192.50, which is equal to 10% of the contract amount. 11 Budget Transfer and Change Order No. 12 to the Pechanga Parkway Street Improvements Project, Project No. PW99-11, to Construct the Dual Right Turn Lanes from Temecula Parkway to Pechanaa Parkway RECOMMENDATION: 11.1 Approve a budget transfer of $80,000 of Development Impact Fee - Streets, from the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, Project No. PW00-26, to the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway Project, Project No. PW06-11; 11.2 Approve Change Order No. 12 for $293,500 to construct the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway (CIP Project No. PW06-11) as part of the Pechanga Parkway Street Improvements Project, Project No. PW99-11, and authorize the City Manager to execute the change order; 11.3 Approve a contingency to Change Order No. 12 in the amount of $29,350, which is 10% of the change order amount and authorize the City Manager to approve changes up to the contingency amount. 12 Phlebotomy Services for Fiscal Years 2008-09 and 2009-10 RECOMMENDATION: 12.1 Approve the First Amendment to the Agreement between the City of Temecula and American Forensic Nurses for Phlebotomy Services for FY 2008-09 in the amount of $10,000 for a total contract amount of $40,000; 12.2 Approve the Agreement between the City of Temecula and American Forensic Nurses for Phlebotomy Services for FY 2009-10 in the amount of $40,000. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 13 Action Minutes RECOMMENDATION: 13.1 Approve the action minutes of June 23, 2009. CSD BUSINESS 14 Creating Community - The Community Services Department RECOMMENDATION: 14.1 Receive and file a video report on the programs and services provided by the Community Services Department. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. RDA CONSENT CALENDAR 15 Action Minutes RECOMMENDATION: 15.1 Approve the action minutes of June 23, 2009 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. 16 Weed Abatement Lien Resolution for FY 2008-2009 RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2008-2009 17 Planning Application Number LR08-0019, a proposed Heritage Tree Ordinance, adding new Chapter 8.48 to Title 8 of the Municipal Code RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, July 28, 2009, at 5:30 P.M., for a Closed Session, with the regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (43200 Business Park Drive, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website - www.citvoftemecula.ora Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at City Hall (43200 Business Park Drive, Temecula - 8:00 - 5:00 PM). In addition, such material will be made available on the City's web - www.cityoftemecula.org - and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department - 951-694-6444. PRESENTATIONS ~ -.7~ 'd ] v q) 4-4 U ct ~ 75 Q z i 4; -4 0 4p\ Qq ;z x U CC3 cn G ~j v cn o ct O U as cU G , U O G G o G N .-j O G o U p sU ' ' C" , . d *a. 0 N A U bUi U U N ct r ~ j PrU ~ v ~ a ~ ~ ~ a 0 0. + w o W W W ~C ~C ~ ~ ~C ~ W fx fx ~ W W W . s~ W ~ ~ ct ~ ~ p W W W 75 ~ W a~ ~ o u, l cn, U c~3 ct rd l CONSENT CALENDAR ITEM NO. 1 ITEM NO. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 23, 2009 - 7:00 PM 6:00 P.M. - Closed Session of the City Council pursuant to Government Code Sections: Public Employee Performance Evaluation for the incumbent position of City Manager pursuant to Government Code Section 54957. Conference with designated representatives, Mayor and City Attorney, concerning possible negotiation of adjustments of salary and benefits for the unrepresented position of City Manager pursuant to Government Code Section 54957.6, provided that final action on such matters, if any is proposed, would only take place as an agenda item in open session of the Council. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:06 P.M., Council Member Naggar moved to call the Closed Session to order. The motion was seconded by Council Member Comerchero and voice vote of those present reflected - Council Members Roberts and Washington were absent. The City Council meeting convened at 7:00 PM. CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Joshua Jurkosky Invocation: Pastor Leon Franklin of The Living Word Church Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards Present: Comerchero, Naggar, Edwards Absent: Roberts, Washington Action Minutes City Council 062309 1 PRESENTATIONS/PROCLAMATIONS Jazz Month Proclamation TVUSD Elementary School Teacher of the Year - Denise Dugger TVUSD Middle School Teacher of the Year - Janis Fuhr TVUSD High School Teacher of the Year - Meline Akashian Certificate of Appreciation - Supervisor Jeff Stone PUBLIC COMMENTS Ms. Vicki Long address the City Council with regard to the Elsinore Murrieta Anza Resource Conservation District. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 2.1 Approve the action minutes of June 9, 2009 List of Demands - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 3.1 Adopt a resolution entitled Action Minutes City Council 062309 RESOLUTION NO. 09-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Amend the City of Temecula's Development Impact Fee (DIF) Resolution No. 03-63 to temporarily suspend the automatic annual adjustment of DIF Fees for the fiscal year 2009- 10 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 09-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUSPENDING THE AUTOMATIC ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR THE FISCAL YEAR 2009-10 AND RETAINING THE SAME DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2009-10 AS WERE IN EFFECT FOR FISCAL YEAR 2008-09 Professional Services Agreement between the City of Temecula and Applied Development Economics (ADE) for the Quality of Life Master Plan: Temecula 2030 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 5.1 Approve a one-year contract for facilitation services for the Quality of Life Master Plan: Temecula 2030 with Applied Development Economics (ADE) for a contract amount of $129,597 and a 10% contingency of $12,960. Riverside Transit Authority (RTA) Agreement for Trolley Services - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 6.1 Approve a one-year contract for trolley services with Riverside Transit Authority (RTA) for a total of $300,000 in FY 09/10 Budget as provided by Lennar Homes in their conditions of approval. Action Minutes City Council 062309 Agreement for Consulting Services between the City of Temecula and Roger Cantrell for Architectural Plan Review Services - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 7.1 Approve an agreement for Consultant Services with Roger Cantrell in the amount of $40,000 for Architectural Plan Review Services for Fiscal Year 2009-2010. Agreement for Consulting Services between the City of Temecula and Blanca Y. Price for Landscape Plan Check and Inspection Services - Approved Staff Recommendation (3-0- 2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 8.1 Approve an agreement for Consultant Services with Blanca Y. Price in the amount of $55,000 for Landscape Plan Check and Inspection Services for Fiscal Year 2009- 2010. Authorize Temporary Street Closure of a portion of Main Street for the "Temecula Valley International Jazz Festival" event scheduled for July 11. 2009 and deleaate authority to issue a Special Events/Street Closures Permit to the Director of Public Works - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 09-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF A PORTION OF MAIN STREET FOR THE "TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL" EVENT SCHEDULED FOR JULY 11TH, 2009 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES Action Minutes City Council 062309 10 Award a Construction Contract for the Citywide Concrete Repairs Project FY2008-09 - Proiect No. PW09-03 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 10.1 Award a construction contract for Project No. PW09-03, the Citywide Concrete Repairs Project FY2008-09, to B & T Works, Inc. in the amount of $113,915.55; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $11,391.56, which is equal to 10% of the contract amount. 11 Fiscal Year 2009-2010 Real Estate Appraisal Services for various Capital Improvement Projects Annual Contract Amendments - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 11.1 Approve the Amendments to the Annual Agreements for Real Estate Appraisal Services Fiscal Year 2009-2010 with the following consultants, for the amount shown: 1. BTI Appraisal $ 50,000 2. Lea Associates, Inc. $ 50,000 3. Mason & Mason Real Estate Appraisers & Consultants $ 50,000 4. Robert Shea Perdue Real Estate Appraisal $ 50,000 5. Riggs & Riggs, Inc. $ 50,000 6. Warren Neville $ 50,000 12 Amendments to the Annual Aareements for Geotechnical and Material Testina Services for various Capital Improvement Projects for Fiscal Year 2009-2010 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 12.1 Approve the Amendment to the Annual Agreement with Petra Geotechnical, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services; 12.2 Approve the Amendment to the Annual Agreement with Leighton Consulting, Inc. in the amount of $100,000 to provide as needed geotechnical and material testing services. Action Minutes City Council 062309 13 Amendments to the Annual Agreements for Engineering and Construction Survey Services for various Capital Improvement Projects for Fiscal Year 2009-2010 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 13.1 Approve the Amendment to the Annual Agreement with Hall & Foreman, Inc. in the amount of $100,000 to provide as needed Engineering and Construction Survey services; 13.2 Approve the Amendment to the Annual Agreement with David Evans & Associates, Inc. in the amount of $100,000 to provide as needed Engineering and Construction Survey services. 14 Annual Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2009-2010 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 14.1 Approve an Annual Agreement with David Neault Associates, Inc. in the amount of $100,000 to provide as needed Landscape Plan Check and Inspection Services for Fiscal Year 2009-2010. 15 Third Amendment to Professional Services Agreement - T.Y. Lin International, Preparation of Plans, Specifications and Estimate for the Western Bypass Bridge Over Murrieta Creek - Project No. PW06-04 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 15.1 Approve a Third Amendment with T.Y. Lin International in an amount not to exceed $40,583 for additional services to modify the design of the Western Bypass Bridge over Murrieta Creek, Project No. PW06-04, to accommodate two (2) 12" diameter waterlines for Rancho California Water District (RCWD). Action Minutes City Council 062309 16 Second Amendment to Contract Agreement for On-Call Traffic Signal Maintenance Services for Fiscal Year 2008-2009 - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 16.1 Approve a Second Amendment to the Contract Agreement with Republic ITS to perform On-Call Traffic Signal Maintenance Services for an amount not to exceed $24,500. 17 First Amendment to Fire/EMS Protection Agreement for Fiscal Year 2009-10 -Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 17.1 Approve the First Amendment to the Cooperative Agreement with the County of Riverside to provide fire protection, fire prevention and medical aid. This Exhibit covers services requested for Fiscal Year 2009-10. 18 First Amendment to Agreement for Weed Abatement with Inland Empire Property Services. Inc. - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 18.1 Approve a first amendment to the agreement with Inland Empire Property Services, Inc. to provide weed abatement for Fiscal Year 2008/2009 in the amount of $15,000 for a total agreement amount of $65,000. 19 Application for Reconsideration of the Resolution(s) of the Riverside County Local Agency Formation Commission (LAFCO) related to the Santa Margarita Sphere of Influence Expansion and Annexation Applications - Approved Staff Recommendation (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 19.1 Authorize the Santa Margarita Annexation Ad-Hoc Subcommittee ("Subcommittee") to move forward, as may be determined by the Subcommittee, and file on behalf of the City an Application for Reconsideration of a Resolution of the Local Agency Formation Commission of Riverside County ("Application for Reconsideration") pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 related to the following LAFCO Applications: Action Minutes City Council 062309 LAFCO 2008-20-1 Municipal Service Review and Sphere of Influence Amendment (addition) to the City of Temecula (Santa Margarita) and the Temecula Community Services District (subsidiary); LAFCO 2008-21-1 Reorganization to Include Annexation to the City of Temecula (Santa Margarita) and the Temecula Community Services District (subsidiary) and Concurrent Detachments from County Service Area 152 and the Riverside County Waste Resources Management District. This Consent Calendar item was pulled for separate discussion and the following individuals addressed the City Council with regard to this item. Mr. Wayne Hall Dr. Matt Rahn - San Diego State University Mr. Fred Bartz Ms. Vicki Long At 7:37 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:44 P.M., the City Council resumed with regular business. PUBLIC HEARING 20 Long Range Planning Project No. LR09-0007 Small Wind Energy Conversion System Ordinance - an Ordinance to establish development standards for allowing small wind enerav conversion systems within all zonina districts, with the exception of the Open Space-Conservation zonina district - at the reauest of Mayor Edwards - Continued the item off calendar and formed an ad hoc subcommittee, comprised of Mayor Edwards and Council Member Naggar (3-0-2) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 33.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA City Planner Richardson presented the staff report as per agenda material. Action Minutes City Council 062309 21 Planning Application Number LR08-0019 - a proposed Heritage Tree Ordinance, adding new Chapter 8.48 to Title 8 of the Temecula Municipal Code - Opened the public hearing and continued the item to the July 14, 2009, City Council meeting (3-0-2) - Council Member Comerchero made the motion; it was seconded by Council Member Naggar; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. 22 RECOMMENDATION: 34.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA As per written material, City Planner Richardson provided the staff report. CITY COUNCIL BUSINESS 23 Planning Commission Appointments - Reappointed Commissioner Ron Guerriero and appointed Pat Kight (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 35.1 Appoint two applicants to serve full three-year terms on the Planning Commission through June 15, 2012. 24 Old Town Local Review Board Appointments - Reappointed Committee Members Albert Blair and Jack Eden and appointed Craig Puma (3-0-2) - Council Member Naggar made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval of those present - Council Members Roberts and Washington were absent. RECOMMENDATION: 36.1 Appoint three applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2012. Action Minutes City Council 062309 DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there was no action to report under the Brown Act with regard to Closed Session. ADJOURNMENT At 8:27 P.M., the City Council meeting was formally adjourned to Tuesday, July 14, 2009, at 5:30 P.M. for a Closed Session with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes City Council 062309 10 ITEM NO. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 14, 2009 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. 09- 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. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $12,637,473.18. 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 July, 2049. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of July, 2009, 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 06/11/2009 TOTAL CHECK RUN: 06/18/2009 TOTAL CHECK RUN: 06/25/2009 TOTAL CHECK RUN: 06/11/2009 TOTAL PAYROLL RUN: 06/18/2009 TOTAL PAYROLL RUN: 06/25/2009 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 07/14/2009 COUNCIL MEETING: DISBURSEMENTS BY FUND CHECKS: $ 2,095,221.59 6,559,042.18 2,697,054.41 498,921.26 273,322.64 513,911.10 $ 12,637,473.18 001 GENERAL FUND $ 2,862,484.36 165 AFFORDABLE HOUSING 31,407.49 190 TEMECULA COMMUNITY SERVICES DISTRICT 577,185.40 192 TCSD SERVICE LEVEL B 76,401.02 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 40,651.55 194 TCSD SERVICE LEVEL D 2,486,076.73 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 19,237.19 197 TEMECULA LIBRARY FUND 15,952.46 210 CAPITAL IMPROVEMENT PROJECTS FUND 779,232.00 280 REDEVELOPMENT AGENCY - CIP PROJECT 831,951.11 300 INSURANCE FUND 29,242.22 320 INFORMATION SYSTEMS 148,660.65 330 SUPPORT SERVICES 18,815.30 340 FACILITIES 23,602.30 375 SUMMER YOUTH EMPLOYMENT PROGRAM 2,051.99 380 RDA DEBT SERVICE FUND 494,312.23 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 489,482.66 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 520,173.63 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 39,581.19 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 1,059,416.89 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 171,406.84 477 CFD- RORIPAUGH 633,992.97 001 GENERAL FUND $ 825,352.42 165 AFFORDABLE HOUSING 22,474.99 190 TEMECULA COMMUNITY SERVICES DISTRICT 286,895.49 192 TCSD SERVICE LEVEL B 528.22 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 11,901.79 194 TCSD SERVICE LEVEL D 4,183.89 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 3,071.26 197 TEMECULA LIBRARY FUND 1,619.59 280 REDEVELOPMENT AGENCY - CIP PROJECT 10,043.36 300 INSURANCE FUND 2,814.11 320 INFORMATION SYSTEMS 70,722.60 330 SUPPORT SERVICES 10,166.28 340 FACILITIES 25,729.03 375 SUMMER YOUTH EMPLOYMENT PROGRAM 10,651.97 11,351,318.18 1,286,155.00 TOTAL BY FUND: $ 12,637,473.18 apChkLst Final Check List Page: 1 0611112009 12:30:1 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1263 0611112009 000444 INSTATAX (EDD) State Disability Ins Payment 24,473.04 24,473.04 1264 0611112009 000283 INSTATAX(IRS) Federal Income Taxes Payment 86,593.01 86,593.01 1265 0611112009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 21,258.43 21,258.43 SOLUTION 1266 06111/2009 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 9,933.92 Child Care Reimbursement Payment 0.00 9,933.92 1267 0611112009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 127,230.77 127,230.77 RETIREMENT) 1268 0611112009 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 88,322.01 Blue Shield HMO Payment 0.00 88,322.01 1269 0611112009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 553.84 553.84 1269 06111/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 25.00 25.00 1270 0611112009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,460.88 3,460.88 SOLUTION 131939 0611112009 009604 12MILESOUT.COM May web video svcs: Info Sys 1,000.00 1,000.00 131940 0611112009 003552 A F L A C AFLAC Cancer Payment 3,291.88 3,291.88 131941 0611112009 001700 A PLUS TEACHING MATERIALS recreation supplies:tiny tot pgrm 27.11 27.11 131942 06111/2009 004973 ABACHERLI, LINDI TCSD instructor earnings 800.00 800.00 131943 0611112009 008552 ADKINS DESIGN CONSULTING May graphic design svcs: Theater 2,358.75 graphic design svcs:Cultural Arts 183.52 May graphic design svc:Cultural Arts 1,583.91 4,126.18 131944 0611112009 009374 ALLEGRO MUSICAL VENTURES Piano Maint Svc: Theater 145.00 145.00 131945 0611112009 006915 ALLIE'S PARTY EQUIPMENT equip rental: Western Days 934.38 934.38 131946 06111/2009 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 315.00 315.00 Page:1 apChkLst Final Check List Page: 2 0611112009 12:30:1 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131947 0611112009 000936 AMERICAN RED CROSS training publications:Aquatics pgrm 635.59 635.59 131948 0611112009 004446 AMERICAN SOCIETY OF CIVIL 09110 ASCE mbrshp:241204 GB 250.00 250.00 131949 0611112009 002187 ANIMAL FRIENDS OF THE Apr animal control services 13,000.00 13,000.00 VALLEYS 131950 0611112009 012834 AUDIO ADDICTION INC back-up camera install: Fire 444.08 back-up camera install: Fire 444.08 888.16 131951 0611112009 012859 BARRETT ENGINEERED PUMPS irrigation repair: Crowne Hill 1,270.19 1,270.19 131952 0611112009 012662 BEHNAWA, ABDUL SHUKOOR May plan check svcs: B&S 3,384.32 3,384.32 131953 0611112009 004040 BIG FOOT GRAPHICS TCSD instructor earnings 588.00 summer day camp Iogo:TCSD pgrm 300.00 TCSD instructor earnings 490.00 1,378.00 131954 0611112009 012583 BLANCAY PRICE May/Jun Landscape PI Ck Svc:Pln 1,440.00 1,440.00 131955 0611112009 006908 C C & COMPANY INC entertainment: TCSD Expo 5130 350.00 350.00 131956 06111/2009 012878 C.S. OFFICE INTERIORS ergonomic wkstn equip: Finance 473.55 473.55 131957 0611112009 003138 CAL MAT PW patch truck materials 133.77 PW patch truck materials 196.19 PW patch truck materials 254.91 PW patch truck materials 196.84 PW patch truck materials 178.35 960.06 131958 06111/2009 005384 CALIF BAGEL BAKERY& DELI refreshments: Coucil mtg 611 123.91 123.91 131959 0611112009 004228 CAMERON WELDING SUPPLY Helium tanks rentalfrefill:TCSD 42.96 misc supplies: PW Maint 301.85 344.81 131960 0611112009 008644 CANTRELL, ROGER, AIA, AICP Apr architectural svcs: Planning 234.00 234.00 131961 0611112009 008534 CASTILLO, RYAN Employee Computer Loan Pgrm 2,000.00 2,000.00 131962 06111/2009 009640 CERTIFION CORPORATION May web dbase subscription: PD 176.85 176.85 Paget apChkLst Final Check List Page: 3 0611112009 12:30:1 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131963 06111/2009 010307 CHICK-FIL-A INC. refreshments:Youth Job Fair 4118 250.00 250.00 131964 0611112009 004609 CINTAS DOCUMENT May doc shred svc:City facilities 55.00 MANAGEMENT May doc shred svc: City Hall 100.00 May doc shred svc: City facilities 77.50 232.50 131965 0611112009 012909 CLARK, STEVEN M. refund:overpayment of fees 114.00 114.00 131966 06111/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 116.00 116.00 131967 0611112009 009905 COMPRISE TECHNOLOGIES INC APM Machine Maint: Library 5,515.00 5,515.00 131968 0611112009 000442 COMPUTER ALERT SYSTEMS alarm svcs: Maint Facility 150.00 150.00 131969 0611112009 012353 CONSTRUCTION TESTING Apr geotech svcs: Civic Center 22,980.00 22,980.00 131970 0611112009 011692 CONVERGINT TECHNOLOGIES, wire installation: front reception 1,263.65 1,263.65 LP 131971 0611112009 001264 COSTCO WHOLESALE Misc Supplies: Theater 104.99 Misc Supplies: Info Sys 137.25 242.24 131972 0611112009 005324 CROSSROADS CHURCH refund:sec dep:picnic rrsp 150.00 150.00 131973 0611112009 004123 D L PHARES & ASSOCIATES Jun Old Town storefront lease: PD 2,763.09 2,763.09 131974 0611112009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Police 31.40 INC Fuel for City vehicles: Code EnflPln 160.63 Fuel for City vehicles: PW Admin 560.77 Fuel for City vehicles: PW Traffic 163.17 Fuel for City vehicles: PW CIP 162.36 Fuel for City vehicles: B&S 138.47 Fuel for City vehicles: TCSD 1,592.65 Fuel for City vehicles: PW Lnd Dv 361.28 3,170.73 131975 0611112009 003665 EXCEL COMMERCIAL May:long distance phone svcs 55.91 55.91 Page3 apChkLst 0611112009 12:30:12PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131976 0611112009 003347 FIRST BANKCARD CENTER PAYPAL GR Payflow Pro Transaction 59.95 LUCILLE'S BBQ GY Iunch:Code Enf transition mtg 145.74 LA QUINTA INN RR refreshments:S CA Govt mtg 518 4.35 AMERICAN AIRLINES JC baggage fee:NLC cf GA 517-10 15.00 AMERICAN AIRLINES JC baggage fee:NLC cf GA 517-10 15.00 ONTARIO AIRPORT JC parking fee:NLC cf GA 5t1-10 68.00 INN AT ELLIS SQUARE JC htI:NLC cf Savannah GA 517-10 474.21 782.25 131977 0611112009 007792 HINTON, BEVERLY L. TCSD instructor earnings 93.10 93.10 131978 0611112009 012910 HODGE, DENISE refund:sec dep:rm rental:crc 150.00 150.00 131979 0611112009 000963 HOGAN, DAVID Retirement Medical Payment 699.00 699.00 131980 06111/2009 012802 HOWZE, DON TCSD Instructor Earnings 240.00 240.00 131981 0611112009 012911 HUSBAND, SHARLENE MARIE refund:sec dep:rm rental:crc 150.00 150.00 131982 0611112009 000194 1 C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 9,559.59 9,559.59 303355 131983 0611112009 012912 INLAND VALLEY BRIDGE, UNIT refund:sec dep:rm rental:crc 150.00 150.00 #534 131984 0611112009 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 300.00 300.00 131985 0611112009 012880 JONES, BRYAN performer: Western Days 5116 350.00 350.00 131986 0611112009 004412 LEANDER, KERRY D. TCSD instructor earnings 714.00 TCSD instructor earnings 346.50 TCSD instructor earnings 654.50 TCSD instructor earnings 1,001.00 2,716.00 131987 0611112009 012421 MASINO, MARIANNE TCSD Instructor Earnings 343.00 343.00 131988 0611112009 011920 MASTER CONCEPTS LLC TCSD Instructor Earnings 864.50 TCSD Instructor Earnings 665.00 TCSD Instructor Earnings 931.00 TCSD Instructor Earnings 465.50 2,926.00 Page:4 apChkLst Final Check List Page: 5 0611112009 12:30:1 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 131989 0611112009 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,536.86 8,536.86 131990 0611112009 012011 MEZ4, TERESA refund:sec dep:rm rental:crc 150.00 150.00 131991 0611112009 002925 NAPA AUTO PARTS City veh. parts/supplies: Stn 12 119.66 City veh. parts/supplies: Medics 86.02 City veh. parts/supplies: Medics 105.03 310.71 131992 06111/2009 012101 NEW VISION CHILDREN'S refund:sec dep:rm rental:crc 150.00 150.00 SERVICES 131993 06111/2009 008528 NICHOLS, MELBURG & ROSETTO Apr Dsgn:Old Town Infrastructure 22,582.41 Apr Eng Srvcs:Civic Center 49,208.56 71,790.97 131994 0611112009 010273 NIXON PEABODY LLP Mar legal srvcs:roripaugh cfd 03-02 5,550.00 5,550.00 131995 06111/2009 010244 NO LIMITS SILK SCREEN Softball Awards:Sports Pgrm 293.14 293.14 131996 0611112009 002139 NORTH COUNTY TIMES May advertising:RDA events 790.27 May advertising:commission openings 195.30 May public ntcs:PW1C.C./Planning 967.55 1,953.12 131997 06111/2009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 176.13 176.13 131998 0611112009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 131999 06111/2009 000249 PETTY CASH Petty Cash Reimbursement 429.31 429.31 132000 0611112009 005124 PHENIX TECHNOLOGY Helmets:Fire Explorer Pgrm 641.63 641.63 132001 0611112009 010338 POOL & ELECTRICAL PRODUCTS Pool chemicals & supplies:aquatics 475.56 INC Pool chemicals & supplies:aquatics 255.57 731.13 132002 0611112009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 157.50 157.50 132003 0611112009 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 450.40 450.40 132004 0611112009 005075 PRUDENTIAL OVERALL SUPPLY May Flr Mts/Uniform/Twl Rentals:Cty Facs 1,314.02 1,314.02 Pagea apChkLst Final Check List Page: 6 0611112009 12:30:1 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132005 06111/2009 004529 QUAID TEMECULA HARLEY- May motorcycle repair/maint:Police 2,795.06 2,795.06 DAV I DSON 132006 0611112009 000262 RANCHO CALIF WATER DISTRIC T May:various water meters:fire stns 616.71 May 01-04-47210-0 T.E.S. Pool 260.51 May:var water meters:tcsd 44,692.20 May:various water m eters: PW01-27 21.04 May:various water m eters: PW01-27 21.04 May:variou s water m eters: PW 910.85 46,522.35 132007 0611112009 004584 REGENCY LIGHTING Light fixtures:old town 502.93 Credit:items returned/parks -28.91 Misc supplies:parks 28.91 502.93 132008 0611112009 012148 RICHARDSON TECHNOLOGIES Install compressor time delay:crc 365.92 365.92 INC 132009 0611112009 000406 RIVERSIDE CO SHERIFFS DEPT 3126-4122109:lawenforcement 1,337,502.42 1,337,502.42 132010 06111/2009 001365 RIVERSIDE COUNTY OF Spec.event health permit:4th of July 505.00 505.00 132011 06111/2009 001097 ROADLINE PRODUCTS INC Misc supplies:pw maint 1,891.65 1,891.65 132012 0611112009 000873 ROBERTS, RONALD H. reimb: Jun '09 internet service 44.99 44.99 132013 0611112009 000277 S & S ARTS & CRAFTS INC Misc supplies:day camp 1,664.61 1,664.61 132014 0611112009 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,108.49 1,108.49 132015 06111/2009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 132016 0611112009 009980 SANBORN, GWYN Country @ the Merc 5130109 181.50 181.50 132017 0611112009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 408.38 408.38 132018 0611112009 008529 SHERI FPS CIVIL DIV - CENTRAL Support Payment 400.21 400.21 132019 0611112009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 200.00 200.00 Page6 apChkLst Final Check List Page: 7 0611112009 12:30:1 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132020 06111/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment 100.00 100.00 132021 0611112009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 100.00 100.00 132022 0611112009 009213 SHERRY BERRY MUSIC Jazz @ the Merc 5128109 472.50 472.50 132023 0611112009 000645 SMART & FINAL INC Refreshments:summer concert series 71.92 Refreshments:summer concert series 150.78 222.70 132024 0611112009 000374 SO CALIF EDISON T/S Install:Mdws Pkwy PW07-10 4,705.02 4,705.02 132025 0611112009 000374 SO CALIF EDISON T/S Install: Butterfield Stage Rd PW07-09 2,356.39 2,356.39 132026 0611112009 000537 SO CALIF EDISON May:2-00-397-5067 var mtrs:tcsd 1,666.90 May:2-02-502-8077 Maint Fac 1,371.99 May:2-27-805-3194 Theater 3,357.16 May:2-30-066-2889 rncho vista PED 19.20 May:2-29-657-2563 var tcsd meters 157.73 May:2-20-817-9929 police O.T. stn 273.77 May:2-29-458-7548 wolf crk PED 2,510.36 May:2-29-9747899 Ynez Rd LS-3 88.11 May: 2-31-031-2590:28301 rncho ca 39.00 May:2-29-479-2981 temecula pkwy 88.41 May:2-28-629.0507 Library 7,626.93 May:2-27-371-8494 offsite storage 29.62 17,229.18 132027 0611112009 000519 SOUTH COUNTY PEST CONTRO L May Pest Control Srvcs: City facilities 541.00 INC Pest Control Srvcs: Harveston Lk Pk 84.00 Jun Pest Control Srvcs: Fire Stn 73 48.00 Jun Pest Control Srvcs: Fire Stn 92 42.00 715.00 132028 0611112009 012652 SOUTHERN CALIFORNIA June:gen phone usage:pbsp 81.33 June:gen phone usage:police mall stn 36.51 117.84 132029 0611112009 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 11,405.61 11,405.61 COMPANY 132030 06/11/2009 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 660.20 660.20 COMPANY 132031 0611112009 012188 STRONG FAMILIES TCSD Instructor Earnings 28.00 28.00 132032 0611112009 010924 T & D COMMUNICATIONS, INC. Cable srvcs:Theater 354.04 Cable srvcs:City Hall 289.11 643.15 Page:? apChkLst Final Check List Page: 8 0611112009 12:30:1 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132033 0611112009 011667 T & T JANITORIAL INC May janitorial srvcs:City Facs 7,301.76 May janitorial srvcs:Police storefront 790.00 8,091.76 132034 0611112009 000305 TARGET BANK BUS CARD SRVCS Misc supplies:childrens museum 143.01 Misc supplies:summer youth pgrm 884.51 Misc supplies:day camp pgrm 78.10 Misc supplies:aquatics pgrm 209.30 1,314.92 132035 0611112009 001547 TEAMSTERS LOCAL 911 Union Dues Payment 5,231.00 5,231.00 132036 0611112009 012265 TEMECULA ACE HARDWARE C/O Facility maint supplies: Fire OATC 2.16 2.16 132037 0611112009 010679 TEMECULA AUTO City vehicle repairlmaint: B&S Dept 381.07 381.07 REPAIR/RADIATOR 132038 0611112009 008292 TEMECULA DIESEL AUTO & City Heavy Veh Repair & Maint: PW 1,517.74 1,517.74 TRUCK 132039 0611112009 001035 TEMECULA ENVIRONMENTAL bal.due/Jul-Dec'08 trash hauling srvcs 49,483.49 49,483.49 132040 0611112009 000168 TEMECULA FLOWER CORRAL Sunshine Fund 63.02 63.02 132041 0611112009 000306 TEMECULA VALLEY PIPE & May irrigation/plumbing supplies: parks 266.22 266.22 SUPPLY 132042 0611112009 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:var park sites/city hall 148.99 148.99 CENTR 132043 0611112009 000919 TEMECULA VALLEY UNIFIED Nov'08-Apr'09City vehicles fuel usage 1,909.59 1,909.59 SCHOOL 132044 06111/2009 000319 TOMARK SPORTS INC Misc sports equip & supplies:TCSD 4,591.15 4,591.15 132045 06111/2009 012626 TOMSETH, DIANA H. TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 56.00 TCSD Instructor Earnings 84.00 TCSD Instructor Earnings 392.00 700.00 132046 0611112009 002452 TOP LINE INDUSTRIAL Equip repair & maint:pw maint 658.94 658.94 132047 0611112009 012344 TRANSPORTATION CONCEPTS Shuttle bus srvcs: Rod Run 3114 3,660.00 3,660.00 Page:B apChkLst Final Check List Page: 9 0611112009 12:30:1 2PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132048 06111/2009 012725 TRZOP, NICHELLE TCSD Instructor Earnings 862.40 TCSD Instructor Earnings 940.80 TCSD Instructor Earnings 1,411.20 3,214.40 132049 0611112009 010276 TW TELECOM June:high speed internet:city hall 183.38 183.38 132050 0611112009 005460 U S BANK Financing srvcs:CFD 03-3 Wolf Creek 2,500.00 2,500.00 132051 0611112009 002065 UNISOURCE copy paper supplies:copy center 4,872.00 4,872.00 132052 0611112009 000199 UNITED STATE TREASURY Support Payment 250.00 250.00 132053 0611112009 000325 UNITED WAY United Way Charities Payment 36.00 36.00 132054 0611112009 004261 VERIZON June:xxx-5180 79S Irrg Cntr 38.10 June:xxx-6400 general usage 1,443.16 June:xxx-6620 general usage 34.03 June:xxx-1540 Old Town Prk Lot 87.93 June:xxx-4200 general usage 903.56 June:xxx-7530 GIS Library 439.59 June:xxx-8900 GIS Library 797.10 June:xxx-1999 general usage 40.31 June:xxx-0049 general usage 35.04 3,818.82 132055 0611112009 004848 VERIZON SELECT SERVICES INC June:long distance phone Svcs 28.62 28.62 132056 0611112009 009663 VERNON LIBRARY SUPPLIES INC Equip maint & support:library 18,384.00 18,384.00 132057 06111/2009 010003 WALKER, TODD TCSD Instructor Earnings 277.20 277.20 132058 0611112009 001342 WAXIE SANITARY SUPPLY INC Misc Custodial Supplies:Var. City Facs 810.99 810.99 132059 06111/2009 011740 WEST COAST LIGHTS & SIRENS Install Radar Sys: Pd Weigh Stn Veh 624.19 624.19 INC 132060 0611112009 000339 WEST PUBLISHING CORP May Law Library Judicial Updates:Cty Clk 228.42 228.42 132061 0611112009 002109 WHITE CAP INDUSTRIES INC May maint supplies: PW Maint 697.51 697.51 Page9 apChkLst 06111/2009 12:30:12PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 132062 06111/2009 012790 WOODS,TIMOTHYS. Final Check List CITY OF TEMECULA (Continued) Description TCSD Instructor Earnings TCSD Instructor Earnings Amount Paid 240.00 300.00 Page: 10 Check Total 540.00 Grand total for UNION BANK OF CALIFORNIA: 2,095,221.59 Page:10 apChkLst Final Check List Page: 11 0611112009 12:30:12PM CITY OF TEMECULA 133 checks in this report. Grand Total All Checks: 2,095,221.59 Page:11 apChkLst Final Check List Page: 1 06/1812009 10:52:38AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1271 06/10/2009 005460 U S BANK RDA '07 Tax Bonds Debt Srvc Pmt 420,656.23 420,656.23 1272 06110/2009 005460 U S BANK RDA '06 B Tax Bonds Debt Srvc Pmt 73,656.00 73,656.00 1273 06115/2009 005460 U S BANK Secured Settlement#2 Payment 2,884,207.54 2,884,207.54 132063 0611812009 012919 AHMADI, MEJGHAN refund:swim lessons 5102.107 40.00 40.00 132064 0611812009 004432 ALBERTSONS GROCERY STORE Del Mar fair tickets (21):MPSC 6125 147.00 147.00 132065 0611812009 009374 ALLEGRO MUSICAL VENTURES May piano tuninglmaint: Library 145.00 145.00 132066 0611812009 006915 ALLIE'S PARTY EQUIPMENT equip rental: TCSD Expo 2,142.36 equip rental: TCSD Expo 862.69 3,005.05 132067 06118/2009 002187 ANIMAL FRIENDS OF THE May animal control services 13,000.00 13,000.00 VALLEYS 132068 06118/2009 000101 APPLE ONE INC temp help ppe 5130: Ortiz, V 177.50 177.50 132069 06118/2009 005335 ARTIST TOUCH STUDIO INC poster display materials: TCSD 1,297.50 1,297.50 132070 0611812009 003203 ARTISTIC EMBROIDERY Safe Driver Award Jackets: HR 407.77 407.77 132071 06118/2009 012918 ARTUGUE, JEFFREY refund:sec dep:rm rental:crc 150.00 150.00 132072 0611812009 003138 CAL MAT PW patch truck materials 98.97 PW patch truck materials 260.79 PW patch truck materials 260.13 PW patch truck materials 89.18 709.07 132073 06118/2009 001090 CALIF DEPT OF GENERAL CASP exam regist:Clements, Brian 800.00 800.00 SERVICES 132074 0611812009 000518 CARE ANIMAL HOSPITAL K-9 Veterinary Svcs: Casper 392.60 392.60 132075 06118/2009 000131 CARL WARREN & COMPANY INC May Liability Claims Mgmt Svc:Finance 1,959.61 1,959.61 132076 06118/2009 000137 CHEVRON AND TEXACO City vehicles fuel: Police 1,284.32 1,284.32 Page:1 apChkLst Final Check List Page: 2 06118/2009 10:52:38AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132077 0611812009 012920 CLIFFORD, TRACI refund:classic cartoon fav bk 14.99 14.99 132078 06118/2009 010650 CRAFTSMEN PLUMBING & HVAC HVAC repair CRC pool heater 371.00 371.00 INC 132079 06118/2009 012921 CYSTIC FIBROSIS FOUNDATION refund:sec dep:picnic:rrsp 150.00 150.00 132080 06118/2009 003272 DAISY WHEEL RIBBON Plotter Supplies: Info Sys 1,465.10 1,465.10 COMPANY INC 132081 06118/2009 012600 DAVID EVANS & ASSOCIATES 3129-512 eng svcs: Liefer Rd 29,730.65 29,730.65 INC 132082 06118/2009 011027 DEL RIO ENTERPRISE INC. concrete maint: MPSC 14,997.05 14,997.05 132083 06118/2009 002701 DIVERSIFIED RISK/HUB INT'L May special events premiums 607.24 607.24 132084 0611812009 007782 DONAHOO, ANDREA refundmater safety instructor 175.00 175.00 132085 06118/2009 012922 DUARTE, NORMA refund:rm rental:library 36.00 36.00 132086 06118/2009 012170 E-Z UP DIRECT.COM, LLC canopies: TCC & CERT 598.07 598.07 132087 06118/2009 002390 EASTERN MUNICIPAL WATER May:95366-02 Diego Dr Ldscp 151.35 151.35 DIST 132088 06118/2009 004829 ELLISON WILSON ADVOCACY Jun state lobbyist svcs: CM 3,500.00 3,500.00 LLC 132089 06118/2009 012879 EXHIBIT COMPANY, THE 50%deposit:trade show display 486.66 486.66 132090 06118/2009 004464 EXXONMOBIL CARD SERVICES City vehicles fuel: CM 61.85 61.85 132091 06118/2009 000478 FAST SIGNS Vehicle Lettering: Code Enf 227.77 227.77 132092 06118/2009 009953 FEDERAL CLEANING Jun janitorial svcs:PD mall office 625.00 625.00 CONTRACTORS 132093 06118/2009 010804 FEHR & PEERS ASSOCIATES Mar cnslt svcs: Old Town parking 5,526.58 Apr cnslt svcs: Old Town parking 2,241.91 7,768.49 Page2 apChkLst 06118/2009 10:52:38AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132094 0611812009 001511 FIELDMAN ROLAPP & Financial srvcs:roripaugh cfd 03-02 1,244.56 1,244.56 ASSOCIATES 132095 0611812009 003347 FIRST BANKCARD CENTER STAGE RESEARCH INC. HP software upgrade purch:Theater 200.39 ECHO DIGITAL AUDIO CORP HP PCI audio card purch: Theater 130.00 GREEN OFFICE STORE.COM LLC HP recycling container purch:TCSD 144.93 GREEN OFFICE STORE.COM LLC HP recycling container purch TCSD 122.95 598.27 132096 06118/2009 007008 FISHER SCIENTIFIC COMPANY maint supplies: PW Maint 662.07 662.07 132097 06118/2009 001989 FOX NETWORK SYSTEMS INC misc computer supplies: Info Sys 719.30 719.30 132098 06118/2009 009097 FULL COMPASS SYSTEMS sound equip/supplies: Theater 11,071.56 sound equip/supplies: Theater 1,225.00 sound equip/supplies: Theater 2,120.00 14,416.56 132099 06/18/2009 011967 FULL VALUE ENTERTAINMENT sttlmnt:Keenwild 5129,Benson 6/5 115.50 115.50 132100 06118/2009 007279 GAIL MATERIALS INC mound clay: RRSP 610.00 610.00 132101 06118/2009 001937 GALLS INC Uniform Patches:Police Volunteers 49.69 Uniform Patches:Police Volunteers 4.00 SpotlightsfWhistles: Police 130.40 184.09 132102 0611812009 001937 GALLS INC vehicle supplies: Fire 57.52 57.52 132103 06118/2009 011376 GENEVA SCIENTIFIC INC pet waste bags: TCSD parks 1,607.50 1,607.50 132104 0611812009 009608 GOLDEN VALLEY MUSIC sttlmnt: Classics at the Merc 5109 1,081.50 1,081.50 SOCIETY 132105 06118/2009 011883 GOOGLE INC. google earth renewal: Info Sys 1,600.00 1,600.00 132106 06/1812009 003792 GRAINGER circuit breaker finder: Stn 84 74.83 lock shield cartridge: Stn 84 94.62 dual cartridge applicator: Stn 84 103.25 272.70 132107 06118/2009 004053 HABITAT WEST INC weed abatement:Long Cyn Basin 2,016.00 2,016.00 Page:3 apChkLst Final Check List Page: 4 06118/2009 10:52:38AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132108 0611812009 008081 HALL & FOREMAN INC 3128-511 cnslt svc: Library parking 1,027.25 1,027.25 132109 06118/2009 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 25.00 GROUP INC pre-employment physicals: HR 336.00 361.00 132110 0611812009 010210 HOME DEPOT SUPPLY INC, THE misctools/equip: TCSD 1,975.78 misc tools/equip: TCSD 944.28 2,920.06 132111 06118/2009 003198 HOME DEPOT, THE misc supplies: Children's Museum 16.30 16.30 132112 0611812009 001517 HORIZON HEALTH Jun employee assistance pgrm:HR 858.00 858.00 132113 0611812009 004217 HYDRO TEK COMPANY graffiti removal supplies:PW Maint 784.23 784.23 132114 06118/2009 009135 IMPACT MARKETING & DESIGN usher uniforms: Theater 238.86 238.86 INC 132115 0611812009 004833 IMPERIAL PAVING COMPANY INC asphalt maint: Ynez/Co Ctr Dr 19,457.00 19,457.00 132116 06118/2009 005579 INLAND EMPIRE PROPERTY mowing svcs:Front St Park/Ride 3,200.00 3,200.00 132117 0611812009 006914 INNOVATIVE DOCUMENT fax machine supplies: Cntrl Svcs 588.34 588.34 SOLUTIONS 132118 06118/2009 003296 INTL CODE COUNCIL '09 publications: Fire Marshal 1,223.62 1,223.62 132119 06118/2009 003266 IRON MOUNTAIN OFFSITE May backup tape storage:CC11S 374.94 374.94 132120 06118/2009 011841 JOE RHODES MAINTENANCE fuel station maint: Stn 92 1,923.83 1,923.83 132121 06118/2009 000820 K R W & ASSOCIATES 1215-5113 eng pin ck svc:PW LnDv 2,475.00 2,475.00 132122 0611812009 001091 KEYSER MARSTON ASSOCIATES May cnslt svcs:RDA Real Estate 1,118.75 INC May cnslt svcs: RDA Housing 8,885.47 10,004.22 132123 0611812009 007188 LAERDAL MEDICAL CORP. CPR supplies: Paramedics 1,313.65 1,313.65 132124 0611812009 003605 LAKE ELSINORE STORM Storm tickets:Team Pace 6127 208.00 208.00 Page-.4 apChkLst Final Check List Page: 5 06118/2009 10:52:38AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132125 06118/2009 002863 LAWSON PRODUCTS INC misc supplies: PW Maint 416.24 416.24 132126 06118/2009 000482 LEIGHTON CONSULTING INC Apr geotech svc: Old Town 2,133.82 Apr geotech svc: Old Town parking 26,914.00 Apr geotech svcs: TCC Expansion 1,464.00 30,511.82 132127 06118/2009 009388 LETS GET PERSONAL uniform shirts: PW 724.78 724.78 132128 06118/2009 003726 LIFE ASSIST INC medical supplies: Paramedics 152.85 medical supplies: Paramedics 916.49 medical supplies: Paramedics 443.45 medical supplies: Paramedics 1,173.22 medical supplies: Paramedics 60.62 2,746.63 132129 0611812009 004998 LINFIELD SCHOOL refund:sec dep:picnic:rrsp 150.00 150.00 132130 06118/2009 004813 M & J PAUL ENTERPRISES INC bouncer rental:High Hopes 3113 145.00 145.00 132131 0611812009 003782 MAIN STREET SIGNS street sign: Verdadero Place 54.38 54.38 132132 0611812009 000217 MARGARITA OFFICIALS ASSN May officiating secs: sports pgrm 4,270.00 4,270.00 132133 06118/2009 006571 MELODY'S AD WORKS INC. Jun marketing/promo svcs:Old Town 4,000.00 4,000.00 132134 0611812009 007210 MIDORI GARDENS May landscape svcs: TCSD Parks 70,105.00 tree install:Long Cyn Creek park 1,404.20 71,509.20 132135 0611812009 004951 MIKE'S PRECISION WELDING welding parts: Info Sys 85.00 85.00 INC. 132136 0611812009 012580 MINUTEMAN PRESS business cards: PR/TH/EJ/BL 254.16 254.16 132137 06/1812009 005887 MOFFATT & NICHOL ENGINEER S Apr Eng Svcs: French Vlly Pkwy 26,188.24 26,188.24 132138 06118/2009 012923 MOHEIT, MIKE refund:rm rental:library 48.00 48.00 132139 06118/2009 000883 MONTELEONE EXCAVATING replace storm drain:Mgita/Rnch Vsta 123,618.18 erosion control: Date Street 3,163.00 replace storm drain:Marg/Rch Vista 24,035.00 150,816.18 132140 0611812009 003135 MOORE WALLACE Gang Field Interview Cards:Pd 1,017.90 Parking Citations: Police 1,837.45 2,855.35 Pagea apChkLst Final Check List Page: 6 06118/2009 10:52:38AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132141 0611812009 012190 MURPHY, REINA refund:toddler swim lessons 40.00 40.00 132142 06118/2009 007564 MURRAYS HOTEL & Ice machine: TCC 2,439.00 2,439.00 RESTAURANT 132143 06118/2009 002925 NAPA AUTO PARTS Auto parts & misc supplies: Medics 40.66 40.66 132144 06118/2009 004199 NORTH COUNTY PUMP SERVICE Irrigation repair:crowne hill 1,305.00 1,305.00 132145 06118/2009 002139 NORTH COUNTY TIMES May advertisin g:th eater 550.97 550.97 132146 06118/2009 002292 OASIS VENDING Coffee/Kitchen Supplies:City Hall 291.11 291.11 132147 06118/2009 010167 ODYSSEY POWER FY 09-10 service/maint plan:I.S. 21,776.20 21,776.20 CORPORATION 132148 0611812009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf. 537.78 537.78 132149 06118/2009 007959 ONEIL SOFTWARE INC Software license renewal:info sys 665.63 Sales Tax 27.94 Computer equip & supplies:info sys 3,346.09 4,039.66 132150 0611812009 001171 ORIENTAL TRADING COMPANY Misc supplies:emp recognition lunch 167.82 INC Misc supplies:day camp pgrm 869.68 1,037.50 132151 06118/2009 009796 PERVO PAINT COMPANY Misc supplies:pw traffic div 1,136.44 Misc supplies:pw traffic div 3,694.51 4,830.95 132152 06118/2009 001999 PITNEY BOWES Software xx739:postage rate change 5/11 342.57 Software xx585:postage rate change 342.57 685.14 132153 06118/2009 012924 PIZZARO, LEON refund:boss of you...woman bk 15.95 15.95 132154 06118/2009 006653 PLAYPOWER LT FARMINGTON Equip parts:rrsp playground equip 411.31 411.31 132155 06118/2009 011009 QUALITY FOAM PACKAGING INC Medical Supplies: Paramedic Pgrm 219.13 219.13 132156 0611812009 002612 RADIO SHACK INC Hardware supplies:info sys 70.47 70.47 Page.6 apChkLst Final Check List Page: 7 06118/2009 10:52:38AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132157 06118/2009 000262 RANCHO CALIF WATER DISTRICT May:water meter:calle elenita SS-2 72.76 June:var water meters:tcsd 4,949.09 June:var water meters:rda 6.85 June:var water meters:eng 14.16 June:var water meters:eng 148.32 5,191.18 132158 0611812009 002654 RANCHO FORD LINCOLN City vehicle maint:Fire 373.59 MERCURY City vehicle maint: Fire 409.78 City vehicle maint: Fire 95.03 City vehicle maint: Fire 85.62 964.02 132159 0611812009 000907 RANCHO TEMECULA CAR WASH May City veh. detailing srvcs:var.depts. 168.00 168.00 132160 06118/2009 000271 RBF CONSULTING Apr eng srvcs: 1-1 51SR-79 Ult. Intrchng 20,197.16 20,197.16 132161 0611812009 007122 REDHAWK COMMUNTIES, INC. refund:overpaymnt st lite energy fees 340.00 340.00 132162 06118/2009 004584 REGENCY LIGHTING Misc electrical supplies:library 203.04 Misc electric supplies:var park sites 501.25 704.29 132163 06118/2009 003591 RENES COMMERCIAL Weed control: citywide r-o-w's 3,750.00 3,750.00 MANAGEMENT 132164 0611812009 002110 RENTAL SERVICE Equip rental: PW Maintenance 137.03 CORPORATION Equip rental: PW Maintenance 11.70 Equip rental: PW Maintenance 21.40 170.13 132165 06118/2009 005807 RESOURCE STRATEGIES INC Digital aerial image:gis 7,395.00 7,395.00 132166 0611812009 000352 RIVERSIDE CO ASSESSOR Apr-May assessor maps: B&S Dept. 27.00 27.00 132167 06118/2009 000353 RIVERSIDE CO AUDITOR Apr'09 parking citation assessments 12,043.00 12,043.00 132168 0611812009 012925 RIVERSIDE CO. DISTRICT ATTY., refund:sec dep:amphitheater 150.00 150.00 REVOLVING FUND WEST. DIV. 132169 06118/2009 000873 ROBERTS, RONALD H. Reimb:NLC TIS comm mtg FL 5127-31 162.03 162.03 132170 06118/2009 012917 ROYAL STREET refund:appl withdrawn:PA08-0231 317.90 317.90 COMMUNICATIONS 132171 06118/2009 000277 S & S ARTS & CRAFTS INC Misc supplies:day camp 99.18 99.18 Page:? apChkLst Final Check List Page: 8 0611812009 10:52:38AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 132172 0611812009 009980 SANBORN, GWYN (Continued) Description Amount Paid Country @ the Merc 616109 471.00 Check Total 471.00 132173 06118/2009 010089 SECURITAS SECURITY SRVCS May Security Srvcs:Harveston Lake 3,307.50 3,307.50 USA 132174 0611812009 009213 SHERRY BERRY MUSIC Jazz @ the Merc 614109 157.50 157.50 132175 06118/2009 009746 SIGNS BY TOMORROW Public sign postinglpa08-0149: Planning 297.00 Public sign posting/pa08-0244: Planning 297.00 Public sign postinglpa09-0124: Planning 148.50 Public sign postinglpa08-0004: Planning 297.00 1,039.50 132176 0611812009 003002 SMOOTHILL SPORTS Misc equip: Skate Park pgrm 1,413.70 1,413.70 DISTRIBUTORS 132177 06118/2009 000537 SO CALIF EDISON June:2-26-887-0789 various mtrs 1,590.48 June:2-31-419-2659:26706 ynez 74.87 June:2-29-974-7568 Ynez Rd TC-1 108.07 May:2-01-202-7603 arterial st lights 27,087.34 June:2-00-397-5059 var mtrs tcsd 8,806.74 May:2-05-791-8807 var mtrs tcsd 9,178.45 May:2-02-351-5281 CRC 4,875.70 May: 2-30-608-9384:28582 harveston 435.30 May:2-10-331-2153 TCC 957.09 May:2-20-798-3248 C. Museum 936.75 June:2-28-171-2620 police mall stn 928.49 54,979.28 132178 0611812009 012795 SODEXO SERVICES INC 615-8 supplies:mpsc sr nutrition pgrm 265.00 5129-611 supplies:mpsc sr nutrition pgrm 320.00 585.00 132179 0611812009 002503 SOUTH COAST AIR QUALITY FY 08-09 AQMD fee:Fire Stn 84 146.90 FY 08109 AQMD fee:FOC 146.90 FY 08109 AQMD fee:CRC 146.90 FY 08109 AQMD fee:Library 146.90 FY 08109 AQMD fee:City Hall 146.90 734.50 132180 06118/2009 000519 SOUTH COUNTY PEST CONTROL Pest control srvcs:Spyglass Lane 84.00 INC Jun pest control srvcs:var parks 493.00 Pest control srvcs:meadows park 84.00 Pest control srvcs:pauba ridge park 84.00 745.00 132181 06/18/2009 002366 STEAM SUPERIOR CARPET Carpet Cleaning: Stn 73 225.00 225.00 CLEANING 132182 0611812009 001505 STEFFEN, SUE reimb:Mayor's recogn supplies 220.61 220.61 Page:B apChkLst Final Check List Page: 9 06118/2009 10:52:38AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132183 0611812009 006145 STENO SOLUTIONS May transcription srvcs:police dept 227.04 227.04 TRANSCRIPTION 132184 0611812009 003599 T Y LIN INTERNATIONAL 414109-511109 Srvcs:W.Bypass Bridge 58,293.94 58,293.94 132185 06118/2009 012211 T.V.G.A. refund:sec dep:rm rental:crc 150.00 150.00 132186 06118/2009 000305 TARGET BANK BUS CARD SRVCS Misc. supplies: childrens museum 104.83 Make-up:Every 15 Min Pgrm 46.52 Misc. office supplies:day camp pgrm 358.90 510.25 132187 06118/2009 009500 TEMEC ELECTRONICS, INC electrical supplies: children's museum 9.70 9.70 132188 06118/2009 010679 TEMECULA AUTO City vehicle repair & maint: B&S Dept. 540.75 540.75 REPAIR/RADIATOR 132189 0611812009 001035 TEMECULA ENVIRONMENTAL Jan-Jun '09 trash hauling services 2,785,031.04 credit:Jan-Jun '09 trash hauling -351,742.75 2,433,288.29 132190 0611812009 010046 TEMECULA VALLEY Apr'09 Bus. Imprv District Asmnts 42,047.29 42,047.29 CONVENTION & 132191 06118/2009 000919 TEMECULA VALLEY UNIFIED FY 08109 TVUSD field renovation agrmnt 21,000.00 21,000.00 SCHOOL 132192 0611812009 003941 TEMECULA WINNELSON Misc plumbing supplies:var parks 87.65 COMPANY Misc plumbing supplies:var parks 277.67 365.32 132193 06118/2009 005994 TERRY'S VILLAGE Misc rec supplies:4th of July event 347.52 347.52 132194 06118/2009 002452 TOP LINE INDUSTRIAL Equip repair & maint:pw maint 68.86 68.86 132195 06118/2009 004308 TOWNE & COUNTRY AUTO & Auto towing srvcs:temecula police 315.00 315.00 TOWING 132196 06118/2009 003031 TRAFFIC CONTROL SERVICE INC Street traffic materials: PW Maint 6,310.93 6,310.93 132197 06118/2009 012367 TRI STATE HOSPITAL SUPPLY Medical Supplies: Medics 339.00 339.00 CORP 132198 06118/2009 010276 TW TELECOM June:high speed internet:fs#92 44.95 44.95 Page9 apChkLst Final Check List Page: 10 06118/2009 10:52:38AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132199 06118/2009 007766 UNDERGROUND SERVICE ALERT May undrgrnd svcs alert tickets:PW 159.00 159.00 132200 06118/2009 002065 UNISOURCE Paper supplies:central services 2,233.32 2,233.32 132201 06118/2009 008517 UNITED SITE SERVICES OF 5121-6117109 fence rental:Main St Bridge 26.64 26.64 CA,INC 132202 06118/2009 004261 VERIZON June:xxx-0073 general usage 262.23 June:xxx-5473 Moraga Rd 35.04 June:xxx-8573 general usage 35.04 June:xxx-4723 Police Storefront 36.16 June:xxx-3143 PD Overland ofc 45.94 June:xxx-0682 civic ctr camera 91.88 June:xxx-2372 wlf crk irrg cntrl 35.04 June:xxx-6812 General usage 87.93 June:xxx-7562 irrig controller 36.98 June:xxx-3910 1st St irrig 38.10 June:xxx-1941 PTA CD TTACSD 70.34 June:xxx-1341 Theater 434.09 1,208.77 132203 06118/2009 004848 VERIZON SELECT SERVICES INC June:long distance phone Svcs 877.08 877.08 132204 06118/2009 009101 VISION ONE INC May Ticketing Software License:Theater 1,042.80 1,042.80 132205 0611812009 012690 VIZIONS WEST INC release retention:Armada Place 1,821.00 132206 0611812009 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:city hall 271.27 132207 0611812009 008530 WITMER ASSOCIATES INC small tools & equip:Fire 27.96 132208 0611812009 011369 YOCAHER Skateboard kits:cultural arts pgrm 1,309.24 132209 06/1812009 000348 ZIGLER, GAIL reimb:raffle prizes/Team PACE luau 717 2,015.00 reimb:raffle prizes for Aglow/Park 7110 406.69 Grand total for UNION BANK OF CALIFORNIA: 1,821.00 271.27 27.96 1,309.24 2,421.69 6,559,042.18 Page:10 apChkLst Final Check List Page: 11 0611812009 10:52:38AM CITY OF TEMECULA 150 checks in this report. Grand Total All Checks: 6,559,042.18 Page:11 apChkLst Final Check List Page: 1 0612512009 2:58:4 0PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1274 06/23/2009 005460 U S BANK Reimburse TABS:Civic Center 806,708.41 806,708.41 1275 06125/2009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 16,019.27 16,019.27 SOLUTION 1276 06125/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 126,021.19 126,021.19 RETIREMENT) 1277 06125/2009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 4,777.60 4,777.60 SOLUTION 1278 06125/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment 578.84 578.84 1279 06125/2009 000283 INSTATAX(IRS) Federal Income Taxes Payment 158,752.52 158,752.52 1280 06125/2009 000444 INSTATAX (EDD) State Disability Ins Payment 46,452.11 46,452.11 132210 06125/2009 001700 A PLUS TEACHING MATERIALS recreation supplies:tiny tot pgrm 166.69 166.69 132211 0612512009 004180 ADVISORS MARKETING GROUP, promo beach balls: TCSD Expo 381.30 THE promo supplies:volunteer recog pgrm 3,379.27 3,760.57 132212 0612512009 010904 AFECO INC equip maint: Stn 12 600.00 600.00 132213 0612512009 009033 ALLEN, STEVEN L. photography svcs:TCSD Expo 300.00 300.00 132214 06125/2009 000102 AMERICAN FENCE COMPANY Temp Fencing:Redhawk Dog Park 974.00 974.00 132215 06125/2009 000101 APPLE ONE INC temp help ppe 616109: Ortiz, V 497.00 497.00 132216 06125/2009 003203 ARTISTIC EMBROIDERY promo items: Econ Dev 796.05 796.05 132217 0612512009 011775 ASSN OF COMMERCIAL REAL 09110 ACRE-IE mbrshp: City 150.00 150.00 ESTATE 132218 06/2512009 011961 AT&T MOBILITY June:346514070 cell phone usage 102.30 102.30 132219 0612512009 012834 AUDIO ADDICTION INC Handsfree Speaker Install: Fire 248.79 248.79 Page:1 apChkLst Final Check List Page: 2 0612512009 2:58:4 0PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132220 06125/2009 004205 BALLET FOLKLORICO TCSD Instructor Earnings 105.00 TCSD Instructor Earnings 192.50 TCSD Instructor Earnings 192.50 TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 245.00 892.50 132221 06/25/2009 011007 BARNETT, KIRK reimb:lights/metal Squad 84 repair 50.57 50.57 132222 06125/2009 003466 BASKETS & BALLOONS TOO! Balloon Decorations: Tcsd Expo 619.88 promo baskets: Econ Dev 141.38 761.26 132223 06125/2009 012946 BIOCOM SAN DIEGO '09 new mb:AA, TM, GW, CD 1,200.00 1,200.00 132224 06125/2009 012583 BLANCA Y PRICE Jun Landscape Pin Ck Svcs:Planning 2,805.00 2,805.00 132225 06/25/2009 008286 BRASGA, CAZI Employee Computer Loan Pgrm 1,863.16 1,863.16 132226 06125/2009 002208 BUSINESS PRESS, THE newspaper subscr 1109-1/11 59.00 59.00 132227 06125/2009 012929 CALIF AVOCADO COMMISSION refund:sec dep:rm rental:tcc 150.00 150.00 132228 06125/2009 006614 CALIF CITY MANAGEMENT 09110 CCMF mbrshp:Nelson, Shawn 400.00 400.00 132229 06125/2009 000413 CALIF DEPT OF FISH & GAME environ docs:S.Gertrudis Crk Bridge 75.00 75.00 132230 06125/2009 010939 CALIF DEPT OF INDUSTRIAL elevator inspection: TV Museum 105.00 105.00 132231 06125/2009 005116 CALIF DEPT OF STATE 09/10 city tax pymt confirmation 100.00 100.00 CONTROLLER 132232 06125/2009 004566 CALIF DEPT OF TOXIC verification fee:EPA ID CAL000212813 22.50 22.50 SUBSTANCES 132233 06125/2009 012825 CALIFORNIA PROFESSIONAL refund:dupl paymnt:nsf:a/r inv5174 35.00 35.00 FLOOR 132234 06125/2009 004971 CANON FINANCIAL SERVICES, Jun copier leases: City Facilities 4,744.84 4,744.84 INC 132235 06125/2009 012588 CBS RADIO INC radio advertising: Theater events 250.00 250.00 Paget apChkLst Final Check List Page: 3 0612512009 2:58:4 0PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132236 06125/2009 005829 CHABAD OF TEMECULA VALLEY refund:rm rental:library 90.00 90.00 132237 06125/2009 012930 CHARITY FOR CHARITY refund:sec dep:rm rental:crc 150.00 150.00 132238 06125/2009 004609 CINTAS DOCUMENT Mar doc purge svc: City Hall 1,078.00 1,078.00 MANAGEMENT 132239 06/25/2009 008594 COMMUNITY BANK Escrow# 1202:AII American Asphalt 117,526.63 117,526.63 132240 06125/2009 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 116.00 116.00 132241 06125/2009 002756 COMPLETE EMBROIDERY shirts/ caps screen printing: Police 445.88 445.88 DESIGNS 132242 06125/2009 000447 COMTRONIX OF HEMET Radio Equip: Stn 84 486.98 486.98 132243 06125/2009 006303 CONDUIT NETWORKS, INC May Network Cnslting Svc: Library 503.75 Misc computer supplies: Info Sys 1,522.51 Misc computer supplies: Info Sys 60.00 Hard drive/server equip: Info Sys 7,597.28 June Network Cnslting Svc: Library 650.00 PDA/printer batteries: Police 201.13 10,534.67 132244 06125/2009 012353 CONSTRUCTION TESTING May geotech Svcs: Civic Center 32,041.00 32,041.00 132245 06125/2009 011868 CONVALIAN PRODUCTIONS entertainment:summer concert 712 1,500.00 1,500.00 132246 06/25/2009 004329 COSTCO WHOLESALE CORP water supplies: Fire 178.56 178.56 132247 06125/2009 012940 CRAWFORD, LILLIAN sttlmnt: Gospel @ Merc 6113 220.50 220.50 132248 06125/2009 009524 CREATIVE HANDS ART SCHOOL TCSD instructor earnings 532.00 TCSD instructor earnings 598.50 1,130.50 132249 06125/2009 012600 DAVID EVANS & ASSOCIATES May eng Svcs: Liefer Rd 5,811.00 INC May eng svcs: Nicolas Valley 4,209.25 10,020.25 132250 06125/2009 003962 DAVID NEAULT ASSOCIATES INC May Idscp insp svc:Pechanga Pkwy 10,632.50 10,632.50 132251 06125/2009 012931 DE ROCHE, SUSAN refund:sec dep:rm rental:crc 150.00 150.00 Page:3 apChkLst Final Check List Page: 4 06125/2009 2:58:40PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 132252 0612512009 012932 DEMOCRACTIC CLUB (Continued) Description Amount Paid refund:alcohol sec dep:kitchen:tcc 400.00 Check Total 400.00 132253 06125/2009 003945 DIAMOND ENVIRONMENTAL Jun Restroom Rentals: Riverton Pk 55.88 SRVCS Jun Restroom Rentals:Lng Cyn Pk 55.88 Jun Restroom Rentals:Veterans Pk 55.88 Jun Restroom Rentals:Vail Rnch Pk 55.88 Jun Restroom Rentals:Redhawk Pk 55.88 279.40 132254 06125/2009 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW CIP 158.10 INC Fuel for City vehicles: PW Lnd Dv 452.38 Fuel for City vehicles: PW Traffic 43.45 Fuel for City vehicles: PW Maint 857.76 Fuel for City vehicles: TCSD 1,929.16 Fuel for City vehicles: TCSD 42.42 Fuel for City vehicles: Police 71.19 Fuel for City vehicles: B&S 279.68 Fuel for City vehicles: Pln/Code Enf 284.86 4,119.00 132255 06125/2009 007696 DU RIVAGE, GAYLE A. entertainment:St Painting Fest 500.00 500.00 132256 06125/2009 009594 DULCHICELLA entertainment:St Painting Fest 650.00 650.00 132257 06125/2009 001669 DUNN EDWARDS CORPORATION graffiti removal supplies:PW Maint 2,020.55 2,020.55 132258 06125/2009 011202 E M H SPORTS & FITNESS TCSD instructor earnings 399.00 TCSD instructor earnings 224.00 623.00 132259 06125/2009 007319 EAGLE ROAD SERVICE & TIRE back hoe tires: PW Maint 1,290.17 1,290.17 INC 132260 06125/2009 002390 EASTERN MUNICIPAL WATER June: 190304-02 Seraphina Rd 428.78 428.78 DIST 132261 06125/2009 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Earnings 140.00 AILEEN TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 42.00 TCSD Instructor Earnings 189.00 TCSD Instructor Earnings 238.00 TCSD Instructor Earnings 252.00 1,071.00 132262 06/25/2009 011203 ENVIRONMENTAL CLEANING Jun Janitorial Svcs: TCSD Parks 5,315.00 5,315.00 132263 06125/2009 012630 ERICKSON-HALL May const secs: TCC Expansion 96,303.97 96,303.97 CONSTRUCTION CO Page-.4 apChkLst 0612512009 2:58:40PM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132264 06125/2009 001056 EXCEL LANDSCAPE May Idscp maint: Sports Parks 43,040.00 May Idscp maint: Medians 14,987.00 May Idscp maint: City Facilities 9,685.00 67,712.00 132265 06125/2009 000478 FAST SIGNS exhibit signage: TV Museum 98.58 98.58 132266 06125/2009 012913 FASTAIRE HAND DRYERS restroom hand dryer:Sam Hicks Park 87.56 87.56 132267 06/25/2009 010804 FEHR & PEERS ASSOCIATES May cnslt svcs:Old Town parking 110.00 110.00 132268 06125/2009 007871 FIORENZA, KAREN refund:Iost library book returned 14.98 14.98 132269 06125/2009 011922 FIRST AMERICAN CORELOGIC 09110 web dbase subscr: B&S 2,400.00 INC May online property docs: B&S 6.00 2,406.00 132270 06125/2009 003347 FIRST BANKCARD CENTER LUCILLE'S BBQ SJ refreshments:Council mtg 5112 243.40 ROSAS CANTINA RESTAURANT SJ refreshments:Council mtg 5/26 108.83 PAYPAL TT Verisign Payflow Pro Transaction 82.90 RED LION TT htl:Wm's leadership dv cf Casey,M 121.33 RED LION TT htl:Wm's leadership dv Waterman,M 121.33 MUNICIPAL MGMT ASSOCIATION AA MMASC mbrshp:Yates, G 65.00 MUNICIPAL MGMT ASSOCIATION AA MMASC mbrshp:Adams, A 65.00 MUNICIPAL MGMT ASSOCIATION AA MMASC mbrshp:Middlecamp, T 65.00 TRUFFLES & LACE TEA AA Tea w/Mayor mtg 5121 922.06 PARLOUR THE ATRIUM CAFE AA refreshments:LAFCO hearing 6/4 8.70 CONFERENCE MANAGER.COM RJ Conference Call:Waterpark 20.13 CONFERENCE MANAGER.COM RJ Conference Call:Waterpark 27.79 CONFERENCE MANAGER.COM RJ Conference Oall:Waterpark 58.24 1,909.71 132271 06125/2009 002982 FRANCHISE TAX BOARD Support Payment 600.44 600.44 132272 06125/2009 000170 FRANKLIN QUEST COMPANY INC calendar supplies: PW 60.86 60.86 Pagea apChkLst Final Check List Page: 6 0612512009 2:58:4 0PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132273 06125/2009 000173 GENERAL BINDING lamination supplies:Central Svcs 105.13 CORPORATION lamination supplies:Central Svcs 761.00 866.13 132274 06125/2009 012933 GIORDANO, CHRISTINA refund:lost library book returned 15.99 15.99 132275 06125/2009 000177 GLENN IES OFFICE PRODUCTS Office Supplies: Planning 119.07 INC Office Supplies: B&S/Code Enf 427.60 Office Supplies: City Clerk 130.76 Office Supplies: City Clerk 559.67 Office Supplies: TCC 82.26 Office Supplies: CRC 195.21 Office Supplies: TCSD/Sports 259.45 Office Supplies: PW CIP/Admin 221.90 Office Supplies: Finance 876.28 Office Supplies: Info Sys 1,237.51 Office Supplies: Fire 1,514.21 5,623.92 132276 06125/2009 012944 GNUSE, GERI & JAMES Release of Claim No. 08-631 19,062.65 19,062.65 132277 06125/2009 003792 GRAINGER credit: returned product by Fire -103.25 hand truck: Stn 84 168.60 65.35 132278 06/25/2009 000186 HANKS HARDWARE INC Hardware supplies: Fire 2,817.09 Hardware supplies: Info Sys 15.05 Hardware supplies: PBSP/CRC 499.74 Hardware supplies: TCSD Parks 559.92 Hardware supplies: Aquatics 72.50 Hardware supplies: Ch Museum 6.53 Hardware supplies: Ch Museum 154.61 Hardware supplies: Library 238.78 Hardware supplies: MPSC 1.60 Hardware supplies: Theater 7.79 Hardware supplies: Maint Facility 173.62 Hardware supplies: PW Maint 270.52 Hardware supplies: PWTraffic 201.42 Hardware supplies: B&S 313.38 5,332.55 132279 06125/2009 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 714.00 714.00 132280 06125/2009 003198 HOME DEPOT, THE Hardware supplies: Theater 61.19 61.19 132281 0612512009 012801 HOSKINS, TOD TCSD Instructor Earnings 120.00 120.00 132282 06125/2009 012911 HUSBAND, SHARLENE MARIE refund:sec dep:rm rental:crc 150.00 150.00 Page6 apChkLst Final Check List Page: 7 0612512009 2:58:4 0PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132283 06125/2009 011342 1 A C ENGINEERING INC. May Const Svc:Murrieta Crk Trail 10,495.40 10,495.40 132284 06125/2009 000194 1 C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 8,818.59 8,818.59 303355 132285 06125/2009 000863 I P M A 09110 IPMA dues: Yates, Grant 55.00 55.00 132286 06/25/2009 004406 IGOE & COMPANY INC Jun flex benefit plan pmt 294.00 294.00 132287 06125/2009 011228 INLAND PLANNING AND DESIGN Mar-May Cnslt Svc: Old Town 5,000.00 5,000.00 INC 132288 06125/2009 009693 INLAND VALLEY CLASSICAL sttlmnt: Cinderella 6113-6114 4,714.52 4,714.52 BALLET 132289 06125/2009 001186 IRWIN, JOHN TCSD instructor earnings 98.00 98.00 132290 06125/2009 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 418.60 TCSD instructor earnings 450.80 TCSD instructor earnings 225.40 TCSD instructor earnings 483.00 TCSD instructor earnings 676.20 TCSD instructor earnings 96.60 TCSD instructor earnings 161.00 TCSD instructor earnings 547.40 TCSD instructor earnings 289.80 TCSD instructor earnings 193.20 TCSD instructor earnings 515.20 4,057.20 132291 06/2512009 009336 KOPIE SHOP LLC decals:'09 Youth Media Arts Fest 309.94 309.94 132292 06125/2009 001085 L N CURTIS & SONS fire rescue equip/supplies: Stn 73 321.36 321.36 132293 06125/2009 000210 LEAGUE OF CALIF CITIES '09 LLC Riverside Co dues: City 100.00 100.00 132294 06125/2009 004412 LEANDER, KERRY D. TCSD instructor earnings 3,325.00 3,325.00 132295 06/25/2009 003726 LIFE ASSIST INC medical supplies: Paramedics 715.19 medical supplies: Paramedics 372.73 1,087.92 132296 06125/2009 011003 LINE MASTER ENGINEERING INC thermoplast machine parts: PW 487.27 487.27 Page:? apChkLst 06125/2009 2:58:40PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 132297 0612512009 004141 MAINTEX INC 132298 06/25/2009 004307 MARINE BIOCHEMISTS 132299 06/25/2009 011920 MASTER CONCEPTS LLC 132300 06125/2009 007210 MIDORI GARDENS 132301 06125/2009 001067 MITY LITE INC 132302 06125/2009 001892 MOBILE MODULAR Final Check List CITY OF TEMECULA (Continued) Description Misc custodial supplies:city fac's Custodial supplies/mntc:w.w./c.h.lo.t. Equipmnt maint/rpr:custodial equipmnt Equipmnt maintlrpr:custodial equipmnt Equipmnt maint/rpr:custodial equipmnt Custodial equip:city hall Jun water maint srvcs:Harv/Duck Pond TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Replace trees:crowne hill park 5111 Install Idscp:serena hills park Replace valves:PBSP 5120109 Install Idscp:veterans park 4121 Valve repair:serena hills park 5119 Ldscp srvcs:harveston lake park 5119 Tables & supplies:childrens museum troubleshoot/repair hvac:The Pantry 132303 06125/2009 006146 MT SAN JACINTO COMMUNITY Perfomance:Street Painting Festival '09 132304 06125/2009 004522 MULLIGANS FAMILY FUN Excursion:teen camp pgrm 5114109 CENTER 132305 06125/2009 006077 N T H GENERATION COMPUTING CommVault backup software:info sys INC 132306 06125/2009 002925 NAPA AUTO PARTS Auto parts & supplies: Fire Prevention Auto parts & supplies: Fire Stn 84 132307 06125/2009 010504 NEXTEL COMMUNICATIONS Apr 26-May 25 cellular usage/equip 132308 06125/2009 010273 NIXON PEABODY LLP Mar Legal Srvcs:Roripaugh CFD 03-02 Amount Paid 3,052.18 1,613.65 117.92 208.93 32.50 754.28 4,855.00 731.50 661.50 661.50 864.50 997.50 332.50 1,848.00 1,064.00 140.42 100.19 2,960.00 200.40 265.00 852.00 2,032.00 331.50 500.00 194.85 54,282.86 53.27 251.23 1,100.75 16,300.00 Page: 8 Check Total 5,779.46 4,855.00 7,161.00 4,518.01 2,032.00 331.50 500.00 194.85 54,282.86 304.50 1,100.75 16,300.00 Page:B apChkLst Final Check List Page: 9 0612512009 2:58:4 0PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132309 06125/2009 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:pd old town 489.34 489.34 DIV 132310 06/2512009 004473 OLD TOWN TEMECULA Entertainment: Western Days 5115-16 1,400.00 1,400.00 GUNFIGHTERS 132311 06125/2009 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 846.85 City Vehicle Maint Svcs:Pw Land Dev 357.48 City Vehicle Maint Svcs:PW CIP 36.57 1,240.90 132312 06125/2009 007959 ONEIL SOFTWARE INC RS-SQL User Licenses: Info Sys 3,152.00 3,152.00 132313 06125/2009 001171 ORIENTAL TRADING COMPANY Misc supplies:spring egg hunt 249.29 249.29 INC 132314 06125/2009 012100 OUR NICHOLAS FOUNDATION Council CSF grant funding 1,000.00 1,000.00 132315 06125/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 132316 06125/2009 002498 PETRA GEOTECHNICAL INC Mar geotech srvcs:Murr Creek Trails 62.50 May geotech srvcs:Liefer Rd 560.00 Apr geotech srvcs:DePortola pave rehab 3,493.75 4,116.25 132317 06125/2009 000249 PETTY CASH Petty Cash Reimbursement 384.86 384.86 132318 06125/2009 001999 PITNEY BOWES postage meter supplies:copy center 961.14 961.14 132319 06125/2009 011660 PLANNET CONSULTING Feb consult srvcs:Civic Ctr master plan 80.19 80.19 132320 06/25/2009 010338 POOL & ELECTRICAL PRODUCT S Pool chemicals & supplies:aquatics 138.55 138.55 INC 132321 0612512009 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 378.00 378.00 132322 06125/2009 012689 POTTY TOTS LLC TCSD Instructor Earnings 18.20 18.20 132323 06125/2009 002012 R D O EQUIPMENT COMPANY Equip Repair & Maint:Csd Skip Loader 4,142.74 4,142.74 132324 06125/2009 004029 R J M DESIGN GROUP INC May design:redhawk parks improv 438.97 438.97 Page9 apChkLst Final Check List Page: 10 06125/2009 2:58:40PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 132325 06125/2009 000262 RANCHO CALIF WATER DIS TRICT June:water meter:30650 pauba June:water meter:30650 pauba June:var water meters:tcsd June:var water meters:crowne hill June:var water meters:30875 r.vista 132326 06125/2009 012726 RAYFORD, MEELYNDA TCSD Instructor Earnings TCSD Instructor Earnings 132327 06125/2009 009725 RAZAVI, MANDIS TCSD Instructor Earnings 132328 06125/2009 000271 RBF CONSULTING Apr Consult Srvcs:1-15179s Ult. Intrchg 132329 06125/2009 012942 REFERRAL INSTITUTE SOCAL refund:dup pmt/bl# 022380 132330 0612512009 004584 REGENCY LIGHTING misc electrical supplies:t.museum credit:items returnedNar park sites electrical supplies:var park sites electrical supplies:tcc/foc/west wing 132331 06/25/2009 003591 RENES COMMERCIAL Trash &weed abatement:citywide MANAGEMENT 132332 06125/2009 002110 RENTAL SERVICE Equip rental: PW Maintenance CORPORATION Equip rental: PW Maintenance Equip rental: PW Maintenance 132333 06/25/2009 004498 REPUBLIC INTELLIGENT May Street Light Maint: Citywide Traffic Signal Repair & Maint: PW 6/10 Traffic Signal Repair & Maint: PW 6/10 Traffic Signal Repair & Maint: PW 6/10 Jun Traffic Signal Repair & Maint: PW 132334 06125/2009 002412 RICHARDS WATSON & GERSHON Apr 2009 legal services 132335 06125/2009 006483 RICHARDS, TYREOSHA I. 132336 06125/2009 012148 RICHARDSON TECHNOLOGIES INC 132337 06125/2009 003698 RIVERSIDE CO ECONOMIC TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings HVAC repair:foc HVAC repair:city hall Cost/Business ad:team rvsd co 528140 Cost/EnerG ad:team rvsd co 528140 Amount Paid 338.22 14.16 19,726.00 408.71 437.05 154.00 231.00 640.00 2,600.13 35.00 436.52 -28.91 28.91 395.10 3,514.00 Check Total 20,924.14 385.00 640.00 2,600.13 35.00 831.62 3,514.00 19.91 14.63 137.03 1,555.07 5,031.45 4,050.00 6,271.50 312.00 107,902.99 171.57 17,220.02 107,902.99 409. 50 56. 00 28. 00 493.50 264. 00 483. 68 747.68 2,000. 00 500. 00 2,500.00 Page:10 apChkLst Final Check List Page: 11 0612512009 2:58:4 0PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132338 06125/2009 010777 RIVERSIDE CO EXECUTIVE Redhawk Sales Tax Sharing 118,853.00 118,853.00 OFFICE 132339 06125/2009 000267 RIVERSIDE CO FIRE Jan-Mar'09:fire services 493,655.51 493,655.51 DEPARTMENT 132340 06125/2009 001592 RIVERSIDE CO INFO May radio rental & maint:police/prk 2,151.88 2,151.88 TECHNOLOGY 132341 06125/2009 000406 RIVERSIDE CO SHERIFFS DEPT May'09 booking fees 1,758.24 1,758.24 132342 06125/2009 000873 ROBERTS, RONALD H. reimb:APTA Rail Cnf 6114-18 Chicago 194.56 194.56 132343 06125/2009 012939 ROSEVILLE CHRONIC VENTURES refreshments:fire prev/volunteer staff 283.79 283.79 INC 132344 06125/2009 011884 RUTLAND TOOL & SUPPLY EOC radio carts supplies:Fire Stn 84 111.70 COMPANY EOC radio carts supplies:Fire Stn 84 216.73 EOC radio carts supplies:Fire Stn 84 35.88 EOC radio carts supplies:Fire Stn 84 18.07 382.38 132345 06125/2009 000277 S & S ARTS & CRAFTS INC Misc supplies: Skate Park 277.15 277.15 132346 06125/2009 005329 SAFE ALTERNATIVE FOR Council CSF grant funding 2,000.00 2,000.00 EVERYONE 132347 06/25/2009 007345 SAN DIEGO STATE U 511109-4/30110 tower lease:info sys 6,029.44 6,029.44 FOUNDATION 132348 0612512009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 132349 06125/2009 009980 SANBORN, GWYN Country @ the Merc 6113109 297.00 297.00 132350 06125/2009 012928 SCOTT, RANDY refund:overchg'd light poles 23.00 refund:overchg'd light poles 46.00 69.00 132351 06/25/2009 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 1,008.00 1,008.00 132352 06125/2009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 408.38 408.38 132353 06125/2009 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 400.00 400.00 Page:11 apChkLst Final Check List Page: 12 0612512009 2:58:4 0PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132354 06125/2009 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment 100.00 100.00 132355 0612512009 009213 SHERRY BERRY MUSIC Jazz @ the Merc 6111109 472.50 472.50 132356 06125/2009 009746 SIGNS BY TOMORROW Public sign posting pa08-0287:planning 148.10 Public sign posting pa08-0268:planning 296.20 Public sign posting pa09-0156:planning 297.00 Public sign posting lr09-0004:planning 445.50 Public sign posting pa09-01 01:planning 148.50 Public sign posting pa08-0253:planning 296.20 Public sign posting pa07-0309:planning 296.20 Public sign posting pa06-0204:planning 148.10 2,075.80 132357 06125/2009 000645 SMART & FINAL INC Misc supplies:day camp pgrm 393.76 Misc supplies:mpsc 224.36 Misc supplies:day camp pgrm 226.81 Misc supplies:high hopes pgrm 199.77 1,044.70 132358 06125/2009 000824 SO CALIF ASSN OF FY 09110 Agency membership dues 8,726.00 8,726.00 GOVERNMENTS 132359 06125/2009 000537 SO CALIF EDISON June:2-30-099-3847:29721 ryecrest 73.43 May:2-01-202-7330 various mtrs 76,038.26 June:2-28-331-4847 pauba rd 120.27 June:2-28-397-1315 redhawk pkwy 19.20 June:2-27-560-0625 deerhollow way 2,718.43 June:2-30-296-9522:31035 r.vista 264.47 79,234.06 132360 06125/2009 001212 SO CALIF GAS COMPANY June:015-575-0195-2:fs#92 108.52 June:055-475-6169-5 PBSP 140.50 249.02 132361 06125/2009 000519 SOUTH COUNTY PEST CONTROL Pest control srvcs:crowne hill 5129 126.00 126.00 INC 132362 06125/2009 004282 SOUTHWEST TRAFFIC SYSTEMS Optical detectors: PW traffic 26,677.50 26,677.50 132363 06125/2009 005786 SPRINT Apr 26-May 25 cellular usage/equip 5,036.44 5,036.44 132364 06125/2009 012934 STEVENSON, JENNIFER refund:danielle steele bk 27.50 27.50 132365 06125/2009 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 436.80 TCSD Instructor Earnings 268.80 TCSD Instructor Earnings 672.00 1,377.60 132366 0612512009 003840 STRONGS PAINTING Painting srvcs:history museum 11,500.00 11,500.00 Page:12 apChkLst Final Check List Page: 13 0612512009 2:58:4 0PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132367 06125/2009 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 617.40 TCSD Instructor Earnings 240.00 TCSD Instructor Earnings 115.50 972.90 132368 06125/2009 000305 TARGET BANK BUS CARD SRVCS Misc gym & sports equip:crc 119.88 Misc gym & sports equip:crc 25.55 Misc. office supplies:day camp pgrm 257.72 Misc supplies:summer youth pgrm 482.29 Misc rec supplies:crc 11.95 Misc office supplies: PW Dept 180.68 Misc supplies:crc 282.67 Misc rec supplies:crc 235.52 Misc. office supplies:day camp pgrm 169.82 Misc rec supplies:crc 50.57 Misc. supplies: childrens museum 191.93 2,008.58 132369 06/25/2009 012265 TEMECULA ACE HARDWARE C/O May Maint Supplies: Fire OATC 161.65 161.65 132370 0612512009 010679 TEMECULA AUTO Squad maintenance:stn 84 789.56 REPAIRIRADIATOR City veh repair & maint:fire prevention 1,813.90 2,603.46 132371 06125/2009 004209 TEMECULA SUNRISE ROTARY Jan-Jun'09 bus bench install & maint:pw 6,000.00 6,000.00 FOUND. 132372 06125/2009 011736 TEMECULA TROPHY INC Nameplate:A. O'Harra 8.70 Recognition ribbons:high hopes art 104.94 113.64 132373 06125/2009 009194 TEMECULA VALLEY NEWS Jun advertising:theater 143.20 143.20 132374 06125/2009 011677 TEMECULA VALLEY PEOPLE Council CSF grant funding 500.00 500.00 132375 06125/2009 004274 TEMECULA VALLEY SECURITY Replacement keys:park ranger veh 47.31 47.31 CENTR 132376 06125/2009 011164 TERRA MANOR, INC. refund:sec dep:picnic:rrsp 150.00 150.00 132377 06125/2009 012935 THAI, TIFFANY refund:swim lessons level 1 5101.116 40.00 40.00 132378 06125/2009 012868 THIRD ALARM FIRE EQUIPMENT Fire rescue supplies: Paramedics 2,966.27 2,966.27 CO 132379 06125/2009 004124 TRUELINE BB court resurfacing:pbsp 11,900.00 11,900.00 Page:13 apChkLst 0612512009 2:58:40PM Final Check List CITY OF TEMECULA Page: 14 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 132380 06125/2009 010276 TW TELECOM June:high speed internet:fs#92 117.12 117.12 132381 06125/2009 004981 UNISOURCE SCREENING & 611-15 bckgrnd screenings:hr 44.25 44.25 132382 06125/2009 000325 UNITED WAY United Way Charities Payment 36.00 36.00 132383 06/25/2009 004794 VALLEY WINDS COMMUNITY Musicians:Street Painting Festival '09 350.00 350.00 132384 06125/2009 004261 VERIZON June:xxx-5072 general usage 2,468.31 June:xxx-0074 general usage 300.31 June:xxx-0714 PD Mall Alarm 36.98 June:xxx-2075 general usage 32.94 June:xxx-5275 general usage 25.92 June:xxx-3564 alarm 70.08 June:xxx-6084 general usage 34.03 2,968.57 132385 06125/2009 012015 VERIZON BUSINESS FIOS June:internet svcs:EOC blu library 439.95 439.95 132386 06125/2009 012936 WALKER, JOSIE refund:sec dep:rm rental:tcc 150.00 150.00 132387 06125/2009 001881 WATER SAFETY PRODUCTS INC Misc swim equip:aquatics pgrm 151.75 Misc swim equip:aquatics pgrm 595.64 747.39 132388 06125/2009 003730 WEST COAST ARBORISTS INC Tree Trimming Srvcs:City Hall 375.00 375.00 132389 06125/2009 000348 ZIGLER, GAIL ee computer purchase prgm 2,000.00 2,000.00 Grand total for UNION BANK OF CALIFORNIA: 2,697,054.41 Page:14 apChkLst Final Check List Page: 15 06125/2009 2:58:40PM CITY OF TEMECULA 187 checks in this report. Grand Total All Checks: 2,697,054.41 Page:15 ITEM NO. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 14, 2009 SUBJECT: City Treasurer's Report as of May 31, 2009 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of May 31, 2009. 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 May 31, 2009. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of May 31, 2009 City of Temecula City of Temecula, Californ is 43266 Business Park Drive ;I Portfolio Management Temecula, CA, 92596 My Portfolio Summary (951)694 6436 May 31, 2009 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Bank 873,983.53 873,983.53 873,983.53 0.42 1,177 457 5.600 5.678 Managed Pool Accounts 97,537,561.56 97,537,561.56 97,537,561.56 46.48 1 1 1.797 1.822 Letter of Credit 3.00 3.00 3.00 0.00 1 1 0.000 0.000 Local Agency I nvestment Funds 54,603,060.21 54,683,851.05 54,603,060.21 26.02 1 1 2.652 2.689 Fed eral Ag ency Callable Securities 39,000,000.00 39,528,730.00 38,996,937.50 18.58 1,360 996 3.969 4.024 Fed eral Ag ency B ullet Securities 15,849,000.00 16,105,86x.60 15,816,705.33 7.54 643 423 2.104 2.133 Investment Contracts 2,031,468.76 2,031,468.76 2,031,468.76 0.97 6,979 3,014 5.509 5.585 209,895,077.06 210,761,458.50 209,859,719.89 100.00% 374 249 2.498 2.533 Investments Cash Passbook/Checking 28,652,385.34 28,652,385.34 28,652,385.34 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 238,547,462.40 239,413,843.84 238,512,105.23 374 249 2.498 2.533 Current Year Average Daily Balance Effective Rate of Return Reporting period 05/01/2009-05/31/2009 Run Date: 08+23+2009 -18:35 445,053.20 7,169,793.94 220, 902,708.69 2.37% Portfolio TEME CID PM (PRF_PM1) SymRept 6.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details - Investments May 31, 2009 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit - Bank 95453518-2 86-12 GENIM2 USBANK 06/12/2007 873,983.53 673,983.53 673,963.53 5.600 Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 5.600 5.676 457 09/01/2010 5.600 5.678 457 Managed Pool Accounts 122216003-2 CITY COP RE2 104348008-1 01-2 IMP 2 104346006-4 01-2 RESA2 104348016-3 01-2 RESB2 104346000-4 01-2 SPTAX2 94669911-2 03-1 ACQA2 94669921-3 03-1 ACQB3 94669902-3 03-1 BONDS 946699063 03-1 RES A3 94669916-2 03-1 RES B2 94669900-4 03-1 SPTAXI 793593011-2 03-2 ACQ 2 793593009-2 03-2 EMW D 2 793593007-2 03-2IMP2 793593016-4 03-2 LOG 2 793593010-2 03-2 PWADM2 793593006-2 03-2 RES 2 793593000-3 03-2 SPTX2 744727011-2 03-3 ACQ2 744727002-2 03-3 BOND 2 744727007-2 03-3 CITY2 744727009 03-3 EMWD 1 744727006-3 03-3 RES3 744727000-4 03-3 SP TX4 94686001-2 03-4ADMIN2 94686005-1 03-4 PREP1 94686000-1 03-4 RED1 94686006-2 03-4 RES2 786776002-2 03-6 BON D2 786776007-2 03-61MP2 766776006-2 03-6 RES2 786776000-3 03-6 SP TX3 95453510-2 68-12 BON D2 95453518-4 88-12 G14 Run Date: 06/23/2009 - 1835 ASSURED GUARANTY 07/01/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 First American Treasury 12/08/2008 257,163.29 257,163.29 257,163.29 0.540 0.533 0.540 1 First American Treasury 12/06/2006 606.41 608.41 608.41 0.540 0.533 0.540 1 First American Treasury 12/08/2008 290.76 290.76 290.76 0.530 0.523 0.530 1 First American Treasury 12/06/2006 92,550.68 92,550.66 92,550.66 0.540 0.533 0.540 1 First American Treasury 12/08/2008 4,272.65 4,272.65 4,272.65 0.530 0.523 0.530 1 First American Treasury 12/08/2006 15,113.21 15,113.21 15,113.21 0.530 0.523 0.530 1 First American Treasury 12/06/2008 0.34 0.34 0.34 0.540 0.533 0.540 1 First American Treasury 12/08/2008 306.56 306.56 306.56 0.530 0.523 0.530 1 First American Treasury 12/08/2008 468.63 468.63 468.63 0.530 0.523 0.530 1 First American Treasury 12/08/2008 150,493.00 150,493.00 150,493.00 0.530 0.523 0.530 1 First American Treasury 12/08/2008 92,031.76 92,031.76 92,031.76 0.530 0.523 0.530 1 First American Treasury 12/08/2008 4,229.47 4,229.47 4,229.47 0.530 0.523 0.530 1 First American Treasury 12/08/2008 3,442.18 3,442.18 3,442.18 0.530 0.523 0.530 1 First American Treasury 12/08/2006 523.06 523.06 523.06 0.530 0.523 0.530 1 First American Treasury 12/06/2008 2,150.25 2,150.25 2,150.25 0.530 0.523 0.530 1 First American Treasury 12/06/2006 367.56 367.56 367.56 0.530 0.523 0.530 1 First American Treasury 12/08/2008 4.92 4.92 4.92 0.530 0.523 0.530 1 First American Treasury 12/04/2008 147,147.61 147,147.81 147,147.81 0.530 0.523 0.530 1 First American Treasury 12/04/2008 0.51 0.51 0.51 0.530 0.523 0.530 1 First American Treasury 12/04/2008 300.48 300.46 300.48 0.530 0.523 0.530 1 First American Treasury 0.00 0.00 0.00 0.960 0.947 0.960 1 First American Treasury 12/04/2008 102.75 102.75 102.75 0.530 0.523 0.530 1 First American Treasury 12/04/2008 156,815.15 156,815.15 156,815.15 0.530 0.523 0.530 1 First American Treasury 12/04/2008 14,126.65 14,126.65 14,126.65 0.530 0.523 0.530 1 First American Treasury 12/04/2006 4,071.85 4,071.85 4,071.85 0.530 0.523 0.530 1 First American Treasury 12/04/2008 2.52 2.52 2.52 0.530 0.523 0.530 1 First American Treasury 12/04/2008 735.76 735.76 735.76 0.530 0.523 0.530 1 First American Treasury 12/06/2006 0.02 0.02 0.02 0.530 0.523 0.530 1 First American Treasury 12/08/2008 872.18 872.18 872.18 0.530 0.523 0.530 1 First American Treasury 12/06/2006 810.73 610.73 810.73 0.530 0.523 0.530 1 First American Treasury 12/08/2008 27,278.63 27,278.63 27,278.63 0.530 0.523 0.530 1 First American Treasury 12/08/2008 4.75 4.75 4.75 0.530 0.523 0.530 1 First American Treasury 12/08/2008 54,990.87 54,990.87 54,990.87 0.535 0.528 0.535 1 Portfolio TEME CID PM (PRF_PM2) SymRept 6.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details - Investments May 31, 2009 Page 3 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 60 03-4 CITY COP RE4 First American Treasury 12/06/2006 0.00 0.00 0.00 0.530 0.523 0.530 1 122216006-3 CITY COPCIP2 First American Treasury 12/04/2006 2,576.45 2,576.45 2,576.45 0.000 0.000 1 12221 6 00 0-2 CITY COPLPF2 First American Treasury 12/06/2006 37.11 37.11 37.11 0.530 0.523 0.530 1 9 443 41 6 0-1 RDA 02 INT1 First American Treasury 12/06/2006 17.79 17.79 17.79 0.530 0.523 0.530 1 94434161-2 RDA 02 PRIN2 First American Treasury 12/06/2006 143.96 143.96 143.96 0.530 0.523 0.530 1 107666006-2 RDA 06 CIPA2 First American Treasury 12/06/2006 974.93 974.93 974.93 0.530 0.523 0.530 1 107666000-2 RDA 06A INT2 First American Treasury 12/06/2006 10.27 10.27 10.27 0.530 0.523 0.530 1 1076660163 RDA 06B CIP3 First American Treasury 12/06/2006 6,624.93 6,624.93 6,624.93 0.530 0.523 0.530 1 107666010-2 RDA 06B INT2 First American Treasury 12/06/2006 0.00 0.00 0.00 0.530 0.523 0.530 1 107666016-2 RDA 06B RES2 First American Treasury 12/06/2006 202,299.73 202,299.73 202,299.73 0.530 0.523 0.530 1 107666030-2 RDA 07 CAP12 First American Treasury 12/06/2006 0.00 0.00 0.00 0.530 0.523 0.530 1 107666027-2 RDA 07 ESC2 First American Treasury 12/06/2006 0.00 0.00 0.00 0.530 0.523 0.530 1 107666020-2 RDA 071NT2 First American Treasury 12/06/2006 37.52 37.52 37.52 0.530 0.523 0.530 1 107666026-2 RDA 07 PROJ2 First American Treasury 12/06/2006 16,256.29 16,256.29 16,256.29 0.530 0.523 0.530 1 107666026-2 RDA 07 RES2 First American Treasury 12/06/2006 91.46 91.46 91.46 0.530 0.523 0.530 1 94432360-2 TCSD COP INT First American Treasury 12/06/2006 0.26 0.26 0.26 0.530 0.523 0.530 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 42,540,563.26 42,540,563.26 42,540,563.26 1.622 1.797 1.622 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,545,460.44 1,545,460.44 1,545,460.44 1.622 1.797 1.622 1 793593007-1 03-2-11MPRO CA Local Agency Investment Fun 1,169,060.54 1,169,060.54 1,169,060.54 1.622 1.797 1.622 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 532,766.26 532,766.26 532,766.26 1.622 1.797 1.622 1 7935930063 03-2-3 RESER CA Local Agency Investment Fun 3,567,616.55 3,567,616.55 3,567,616.55 1.622 1.797 1.622 1 12221 6 00 6 CITY COP CIP CA Local Agency Investment Fun 20,195,276.67 20,195,276.67 20,195,276.67 1.622 1.797 1.622 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 613,442.05 613,442.05 613,442.05 1.622 1.797 1.622 1 107666006-1 RDA 06 CIP-1 CA Local Agency Investment Fun 7,226,653.94 7,226,653.94 7,226,653.94 2.046 2.016 2.046 1 107666016-2 RDA 06 CIP-2 CA Local Agency Investment Fun 3,032,757.65 3,032,757.65 3,032,757.65 1.622 1.797 1.622 1 107666030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 2.046 2.016 2.046 1 107666027-1 RDA 07 ESC-1 CA Local Agency Investment Fun 0.00 0.00 0.00 2.046 2.016 2.046 1 107666026-1 RDA 07 PRO-1 CA Local Agency Investment Fun 14,519,963.79 14,519,963.79 14,519,963.79 1.622 1.797 1.622 1 107666026-1 RDA 07 RES-1 CA Local Agency Investment Fun 1,109,203.06 1,109,203.06 1,109,203.06 1.622 1.797 1.622 1 107666006 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 1.00 2.190 2.160 2.190 1 Subtotal and Average 98,937,180.29 97,537,561.56 97,537,561.56 97,537,561.56 1.797 1.822 1 Letter of Credit 104346006-1 02006 ASSURANCE CO BOND INSURANCE 793593006-2 02006 Citibank, N.A. 793593006-1 02005 Ohio Savings Bank Subtotal and Average 3.00 Run Date_ 06/23/2009 -18 35 07/01/2006 1.00 1.00 1.00 0.000 0.000 1 07/01/2006 1.00 1.00 1.00 0.000 0.000 1 07/01/2006 1.00 1.00 1.00 0.000 0.000 1 3.00 3.00 3.00 0.000 0.000 1 Portfollo TEME CID PM (PRF_PM2) Sy.Rept 6 41 202a City of Temecula, California Portfolio Management Portfolio Details - Investments May 31, 2009 Page 4 CUSIP Investment# Average Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate YTM 360 YTM 365 Daysto Maturity Maturity Date Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 1,502,060.62 1,502,060.62 1,502,060.62 1.622 1.797 1.622 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,641,033.92 3,641,033.92 3,641,033.92 1.622 1.797 1.622 1 744727011-1 033 ACQ2 CA Local Agency Investment Fun 3,642,620.06 3,642,620.06 3,642,620.06 1.622 1.797 1.622 1 744727007-1 033 CITY 2 CA Local Agency Investment Fun 743,614.67 743,614.67 743,614.67 1.622 1.797 1.622 1 766776007-1 03-6 IMP1 CA Local Agency Investment Fun 514,414.16 514,414.16 514,414.16 1.622 1.797 1.622 1 SYSCITY CITY CA Local Agency Investment Fun 19,165,964.02 19,201,026.76 19,165,964.02 2.694 2.654 2.694 1 SYSRDA RDA CA Local Agency Investment Fun 11,012,476.39 11,032,626.07 11,012,476.39 2.694 2.654 2.694 1 SYSTCSD TCSD CA Local Agency Investment Fun 13,960,654.15 14,006,432.57 13,960,654.15 2.694 2.654 2.694 1 Subtotal and Average 54,603,060.21 54,603,060.21 54,683,851.05 54,603,060.21 2.652 2.689 1 Federal Agency Callable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/26/2007 1,000,000.00 1,014,360.00 1,000,000.00 5.000 4.932 5.000 1,215 09/26/2012 31331YSC5 01065 Federal Farm Credit Bank 02/06/2006 2,000,000.00 2,009,360.00 2,000,000.00 3.590 3.541 3.590 960 02/06/2012 31331YTS9 01067 Federal Farm Credit Bank 02/14/2006 2,000,000.00 2,043,120.00 2,000,000.00 3.750 3.699 3.750 1,351 02/11/2013 31331YV49 01096 Federal Farm Credit Bank 06/11/2006 2,000,000.00 2,001,660.00 2,000,000.00 4.150 4.093 4.150 1,106 06/11/2012 31331Y2F6 01099 Federal Farm Credit Bank 06/30/2006 2,000,000.00 2,006,260.00 2,000,000.00 4.230 4.172 4.230 759 06/30/2011 31331Y3E6 01103 Federal Farm Credit Bank 07/15/2006 1,000,000.00 1,020,630.00 1,000,000.00 3.950 3.696 3.950 774 07/15/2011 31331Y4G2 01106 Federal Farm Credit Bank 07/26/2006 1,000,000.00 1,004,690.00 1,000,000.00 3.300 3.255 3.300 422 07/26/2010 31331Y4H0 01107 Federal Farm Credit Bank 07/26/2006 1,000,000.00 1,005,000.00 1,000,000.00 3.750 3.699 3.750 767 07/26/2011 31331Y5N6 01112 Federal Farm Credit Bank 06/20/2006 1,000,000.00 1,006,130.00 1,000,000.00 4.250 4.192 4.250 1,176 06/20/2012 31331Y5J5' 01113 Federal Farm Credit Bank 06/21/2006 1,000,000.00 1,007,500.00 1,000,000.00 4.020 3.965 4.020 995 02/21/2012 31331Y5T3 01115 Federal Farm Credit Bank 06/11/2006 1,000,000.00 1,006,560.00 1,000,000.00 4.000 3.945 4.000 601 06/11/2011 31331Y5V6 01117 Federal Farm Credit Bank 06/26/2006 1,000,000.00 1,009,060.00 1,000,000.00 4.400 4.340 4.400 1,547 06/26/2013 31331 GAP4 01122 Federal Farm Credit Bank 09/04/2006 1,000,000.00 1,009,690.00 1,000,000.00 4.250 4.192 4.250 1,191 09/04/2012 3133XLSQ7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,006,130.00 1,000,000.00 5.650 5.573 5.650 1,155 07/30/2012 3133XM5R6 01073 Federal Home Loan Bank 06/26/2007 1,000,000.00 1,010,630.00 1,000,000.00 5.060 5.011 5.060 616 06/26/2011 3133XM5E7 01074 Federal Home Loan Bank 06/26/2007 1,000,000.00 1,010,940.00 1,000,000.00 5.220 5.135 5.206 1,164 06/26/2012 3133XRSM3 01102 Federal Home Loan Bank 07/23/2006 1,000,000.00 1,034,690.00 1,000,000.00 4.050 3.993 4.049 966 01/23/2012 3133XRTQ3 01104 Federal Home Loan Bank 07/30/2006 1,000,000.00 1,005,310.00 1,000,000.00 4.000 3.946 4.001 1,064 04/30/2012 3133XRVA5 01109 Federal Home Loan Bank 07/30/2006 1,000,000.00 1,036,440.00 1,000,000.00 4.220 4.162 4.220 1,155 07/30/2012 3133XRWE6 01110 Federal Home Loan Bank 06/12/2006 1,000,000.00 1,024,060.00 1,000,000.00 4.125 4.066 4.125 602 06/12/2011 3133XRXX3 01116 Federal Home Loan Bank 06/20/2006 1,000,000.00 1,036,250.00 1,000,000.00 4.070 4.014 4.070 1,176 06/20/2012 3133XRYN4 01116 Federal Home Loan Bank 06/20/2006 1,000,000.00 1,006,560.00 1,000,000.00 3.375 3.329 3.375 445 06/20/2010 3133XRZN3 01119 Federal Home Loan Bank 06/27/2006 1,000,000.00 1,007,610.00 999,750.00 4.000 3.953 4.006 1,001 02/27/2012 3133XS2J6 01120 Federal Home Loan Bank 06/27/2006 1,000,000.00 1,006,560.00 1,000,000.00 3.375 3.329 3.375 452 06/27/2010 3133XS3A4 01121 Federal Home Loan Bank 06/26/2006 1,000,000.00 1,007,500.00 1,000,000.00 3.625 3.559 3.609 637 02/26/2011 3126X7TY0 01095 Federal Home Loan Mtg Corp 06/04/2006 2,000,000.00 2,000,540.00 2,000,000.00 4.000 3.945 4.000 1,099 06/04/2012 3136F9CB7 01066 Federal National Mtg Assn 03/11/2006 2,000,000.00 2,116,260.00 2,000,000.00 4.000 3.945 4.000 1,379 03/11/2013 Portfollo TEME CID Run Date_ 06/23/2009 -18 35 PM (PRF_PM2) Sym Rept 6 41 202a City of Temecula, California Portfolio Management Portfolio Details - Investments May 31, 2009 Page 5 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3136F9DP5 01090 Federal National Mtg Assn 03/27/2006 1,000,000.00 1,056,750.00 1,000,000.00 4.000 3.945 4.000 1,395 03/27/2013 3136F9UF6 01097 Federal National Mtg Assn 06/24/2006 1,000,000.00 1,001,660.00 1,000,000.00 3.600 3.551 3.600 571 12/24/2010 3136F9UP6 01096 Federal National Mtg Assn 06/24/2006 1,000,000.00 1,002,190.00 997,167.50 4.000 4.044 4.101 753 06/24/2011 3136F9WV1 01100 Federal National Mtg Assn 07/02/2006 1,000,000.00 1,003,130.00 1,000,000.00 4.000 3.945 4.000 396 07/02/2010 3136F9YW7 01106 Federal National Mtg Assn 06/05/2006 1,000,000.00 1,005,940.00 1,000,000.00 4.000 3.945 4.000 795 06/05/2011 3136FHRX5 99.666 Federal National Mtg Assn 05/21/2009 1,000,000.00 996,660.00 1,000,000.00 2.125 2.096 2.125 1,615 05/21/2014 Subtotal and Average 38,351,776.21 Federal Agency Bullet Securities 31331 XMQ2 01059 31331YG46 01092 31331Y3P3 01105 31331Y3N6 01111 3133XRRU6 01101 3133XSWM6 01124 3133XTN65 01125 104346006-5 01-2 RESA3 104346016-4 01-2 RESB3 1043460005 01-2 SPTAX3 94669906-4 03-1 RES A4 946699163 03-1 RES B3 946699005 03-1 SPTAX2 7935930165 03-2 LOC 3 744727006-4 033 RES4 7447270005 03-3 SP TX 5 94666000-2 03-4 RED2 94666006-3 03-4 RES3 766776006-3 03-6 RES3 766776000-4 03-6 SP TX4 39,000,000.00 39,528,730.00 38,996,937.50 3.969 4.024 996 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,042,610.00 1,000,000.00 5.000 4.934 5.002 359 05/26/2010 Federal Farm Credit Bank 04/21/2006 2,000,000.00 2,056,660.00 1,993,700.00 2.630 2.703 2.740 669 04/21/2011 Federal Farm Credit Bank 07/15/2006 1,000,000.00 1,050,000.00 996,140.00 3.500 3.514 3.563 654 10/03/2011 Federal Farm Credit Bank 07/30/2006 1,000,000.00 1,050,000.00 999,000.00 3.625 3.610 3.661 774 07/15/2011 Federal Home Loan Bank 07/03/2006 1,000,000.00 1,046,750.00 996,570.00 3.625 3.626 3.676 760 07/01/2011 Federal Home Loan Bank 01/23/2009 1,000,000.00 1,012,190.00 1,000,000.00 2.100 2.071 2.100 966 01/23/2012 Federal Home Loan Bank 05/07/2009 1,000,000.00 1,000,940.00 1,000,000.00 1.500 1.479 1.500 669 11/07/2011 Federal Home Loan Mtg Corp 03/03/2009 441,000.00 440,735.40 439,760.51 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 203,000.00 202,676.20 202,436.65 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 162,000.00 161,902.60 161,552.02 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 666,000.00 665,460.40 663,605.27 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 223,100.00 222,966.14 222,463.07 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 231,000.00 230,661.40 230,361.22 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 2,641,000.00 2,639,295.40 2,633,143.65 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 2,176,000.00 2,176,693.20 2,171,977.22 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 220,000.00 219,666.00 219,391.64 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 21,400.00 21,367.16 21,340.62 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 96,000.00 95,942.40 95,734.53 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 336,000.00 337,797.20 337,065.34 0.560 1.107 1.122 91 06/31/2009 Federal Home Loan Mtg Corp 03/03/2009 26,500.00 26,462.90 26,421.19 0.560 1.107 1.122 91 06/31/2009 Subtotal and Average 15,623,156.94 Investment Contracts 95453516-1 66-12 GEN IM IXIS Funding Corp 95453516-1 66-12 RES 2 IXIS Funding Corp 15,849,000.00 16,105,860.60 15,816,705.33 2.104 2.133 423 07/24/1996 500,000.00 500,000.00 500,000.00 5.430 5.509 5.565 3,014 09/01/2017 07/24/1996 1,531,466.76 1,531,466.76 1,531,466.76 5.430 5.509 5.565 3,014 09/01/2017 Subtotal and Average 2,031,468.76 2,031,468.76 2,031,468.76 2,031,468.76 5.509 5.585 3,014 Portfollo TEME CID Run Date_ 06/23/2009 -18 35 PM (PRF_PM2) Sym Rept 6 41 202a City of Temecula, California Portfolio Management Portfolio Details - Investments May 31, 2009 Page 6 Average Purchase Stated YTM VTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Total and Average 220,902,708.69 209,895,077.06 210,761,458.50 209,859,719.89 2.498 2.533 249 Run Date_ 06/23/2009 -18 35 Portfollo TEME CP PM (PRF_PM2) Sy.Rept 6 41 202a City of Temecula, California Portfolio Management Portfolio Details - Cash May 31, 2009 Page 7 Average Purchase Stated YTM YTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 06/29/2006 614,429.03 614,429.03 614,429.03 0.000 0.000 1 4110170261 EDGEDEV TORRY PINES BANK 11/14/2006 294,055.41 294,055.41 294,055.41 0.000 0.000 1 23303600 PCL CONST Wells Fargo Bank 01/29/2009 516,169.44 516,169.44 516,169.44 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2006 2,610.00 2,610.00 2,610.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2006 13,026.03 13,026.03 13,026.03 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2006 27,195,617.43 27,195,617.43 27,195,617.43 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2006 14,076.00 14,076.00 14,076.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 220,902,708.69 238,547,462.40 239,413,843.84 238,512,105.23 2.498 2.533 249 Run Date_ 06/23/2009 18 35 Portfollo TEME CID PM (PRF_PM2) Sy.Rept 6 41 202a Cash and Investments Report CITY OF TEMECULA As of May 31, 2009 Fund Total 001 GENERAL FUND $ 52,810,795.75 100 STATE GAS TAX FUND 135.41 101 STATE TRANSPORTATION FUND 216,865.93 120 DEVELOPMENT IMPACT FUND 5,665,800.53 150 AB 2766 FUND 534,235.43 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 12,485,604.15 170 MEASURE A FUND 9,042,166.18 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,188,937.52 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 214,371.58 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 973,309.82 194 TCSD SERVICE LEVEL "D" 2,591,482.70 195 TCSD SERVICE LEVEL "R" STREET/ROAD 38,882.94 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 254,997.54 197 TEMECULA LIBRARY FUND 2,343,972.86 210 CAPITAL IMPROVEMENT PROJECT FUND 37,378,749.13 272 CFD 01-2 HARVESTON A&B IMPROVEMENT 257,163.29 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 5,362,500.40 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 4,733,683.24 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 515,286.34 277 CFD-RORIPAUGH 45,374,787.65 280 REDEVELOPMENT AGENCY - CIP PROJECT 11,970,247.79 300 INSURANCE FUND 1,238,160.98 310 VEHICLES FUND 836,032.75 320 INFORMATION SYSTEMS 695,060.18 330 SUPPORT SERVICES 324,152.57 340 FACILITIES 84,368.12 370 CITY 2008 COP'S DEBT SERVICE 853,384.02 375 SUMMER YOUTH EMPLOYMENT PROGRAM 15,878.72 380 RDA DEBT SERVICE FUND 20,487,868.84 390 TCSD 2001 COP'S DEBT SERVICE 15,446.27 460 CFD 88-12 DEBT SERVICE FUND 4,794,320.68 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,429,968.39 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,021,104.99 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 176,282.27 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,936,920.67 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 593,984.91 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 7,869,552.72 700 CERBT CALIFORNIA EE RETIREE-GASB45 2,237,424.64 Total: 241, 563, 887.90 Less: *CERBT CALIFORNIA EE RETIREE-GASB45 (2,150,044.06) Grand Total: $ 239,413,843.84 * These investments are in an irrevocable trust with CalPers and are only available to finance retiree health care. These monies are not available for general City operations/capital projects. Since they are not available for general expenditure, they will be excluded from the monthly Treasurer's Report so as not to overstate the City's investments. ITEM NO. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: July 14, 2009 SUBJECT: Fifth Amendment to Agreement for Law Enforcement Services PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council approve the Fifth Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula to include converting one Patrol Officer to a Mall Officer, converting one Patrol Officer to a School Resource Officer, and removing two Special Enforcement Team positions which have remained unfunded for the past year. BACKGROUND: The City of Temecula has contracted with the County of Riverside Sheriff's Department for law enforcement services since incorporation. On June 28, 2005, the City Council approved the existing five-year contract for law enforcement services with the County of Riverside. The following subsequent amendments to the contract have been approved by the Council, bringing the total number of sworn officers to 111. June 27, 2006 1 st Amendment Added an additional Patrol Officer and four CSO II's February 27, 2007 2n Amendment Added an additional dedicated Lieutenant to serve as a City Patrol Commander, and reclassified one CSO II position as a CSO I August 28, 2007 3d Amendment Added five Patrol Officers, one unsupported Gang Task Force Officer, two dedicated Sergeants, two Community Service Officer 11 (CSO 11) positions, and one Community Service Officer I (CSO I) position June 24, 2008 4th Amendment Reclassified one Patrol Officer to a dedicated K9 handler; converted Community Policing Team Officers to Special Enforcement Team Officers to ensure that the contract reflects the Police Department's current operational structure. The Fifth Amendment will reclassify one patrol Officer as a dedicated Mall Officer and will reclassify one patrol Officer as a School Resource Officer. In addition, two Special Enforcement Team Positions, which have been vacant this past fiscal year, will be removed from the Contract. This will reduce the number of sworn contracted Officers to 109 although Police Services will remain unaffected. With the increase in population in Temecula, this results in a sworn Officer ratio of one Officer for every 1,000 residents. FISCAL IMPACT: The annual cost increase associated with the staff conversions, as well as contract rate increases is $308,951. Adequate funds exist in the 2009-2010 Police Department Operating Budget to meet this cost. ATTACHMENTS: Fifth Amendment to Agreement for Law Enforcement Services between County of Riverside and City of Temecula. I or 's FIFTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside, a political subdivision of the State of California, on behalf of its Sheriff's Department, and the City of Temecula, a General Law City, approved by the Board of Supervisors on July 26, 2005, for services effective July 1, 2005 through June 30, 2010, as amended August 1, 2006, April 17, 2007, October 2, 2007 and July 29, 2008, is hereby amended in the following respects only: 1. ATTACHMENT A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 185.0 supported hours per day. (Approximate equivalent of thirty-eight (38) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions Two (2) Sheriff's Lieutenant positions Three (3) Sheriff s Sergeant positions Seven (7) Deputy Sheriff (fully supported) positions-Special Enforcement Team Four (4) Deputy Sheriff (fully supported) positions- Mall Officers Eighteen (18) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team Two (2) Deputy Sheriff (fully supported) positions-K-9 Deputies One (1) Deputy Sheriff (unsupported) position-Gang Task Force One (1) Deputy Sheriff (fully supported) position-Southwest Corridor Task Force Five (5) Deputy Sheriff (unsupported) positions-School Resource Officers (year-round) Eighteen (18) Community Service Officer II positions Three (3) Community Service Officer I positions 2. The Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula, shall remain in full force and effect and enforceable for all purposes except for the revisions set forth in the First Amendment, Second Amendment, Third Amendment, Fourth Amendment and this Fifth Amendment. IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF TEMECULA Dated: ATTEST: Name Title By: By: Maryann Edwards, Mayor COUNTY OF RIVERSIDE Dated: ATTEST: Kecia Harper-Ihem Clerk of the Board By: Deputy Jeff Stone, Chairman Riverside County Board of Supervisors By: FORE C COUNSEL BY. KIPNI DATE 2 ITEM NO. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 14, 2009 SUBJECT: Annual Purchase Agreement for FY2009-2010 for the Purchase of Asphalt Products PREPARED BY: Rodney Tidwell, Maintenance Supervisor RECOMMENDATION: That the City Council approve the purchase agreement for Fiscal Year 2009-2010 with CalMat (dba Vulcan Materials Company) in the amount of $100,000 and authorize the Mayor to execute the agreement. BACKGROUND: The City routinely repairs streets that have been accepted into the City's street maintenance system. The Public Works Maintenance Division purchases and installs hot mix asphalt and SS1 H tack for potholes and pavement repairs. Staff recommends that the City Council approve the purchase agreement with CalMat, for Fiscal Year 2009-2010 to purchase paving materials. CalMat is currently a sole source vendor in the Southwest Riverside County for the purchase of hot mix asphalt and SS1 H emulsion tack. Their two (2) plant locations are in Romoland and Corona. FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2009- 2010 Operating Budget for the Public Works Department, Maintenance Division for Routine Street Maintenance. ATTACHMENTS: Purchase Agreement NON- EXCLUSIVE COMMODITY AGREEMENT BETWEEN THE CITY OF TEMECULA AND CALMAT (dba VULCAN MATERIALS COMPANY) FOR HOT MIX ASPHALT AND SS1 H EMULSION TACK ANNUAL AGREEMENT FY 2009-2010 THIS AGREEMENT is made and entered into as of July 14, 2009, by and between the City of Temecula, a municipal corporation ("City") and CalMat (dba Vulcan Materials Company) ("Vendor"). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Purchase of Goods. Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non- exclusive and the City reserves the right to purchase similar goods from other vendors. 2. Term of Agreement. This Agreement shall commence on July 14, 2009 and shall terminate as of June 30, 2010. 3. Payment. The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of One Hundred Thousand Dollars and No Cents ($100,000.00) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Contract Documents that may be attached hereto or incorporated herein. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Time and Place of Delivery. The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 6. Risk of Loss. Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. Inspection and Acceptance. City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. Resection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option (1) reject whole of the merchandise, (2) accept the whole of the merchandise, or (3) accept any commercial unit or units/portions of the merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and will full reservation of any rights and remedies of City attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions Vendor shall indemnify in full for such expenses. 9. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the Contractor/Vendor shall at all times be under Contractor's/Vendor's exclusive direction and control. 12. Legal Responsibilities. The Vendor shall keep itself informed of all local, State, and Federal ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe and comply with all such ordinances, laws, regulations and procedures. The City, and its officers, agents, employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 2 13. Indemnification. The Vendor agrees to defend, indemnify, protect and hold harmless the City, District and/or Agency its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency 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 negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City. 14. Termination or Suspension. This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, and performance of this Agreement. 16. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative of all other remedies and rights accorded the City under law or equity. 17. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties 18. Governing Law. The City and Vendor understand and agree that the laws of the Sate of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party as determined by the Courts judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. Entire Aareement. This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 20. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney VENDOR: CalMat (dba Vulcan Materials Company) 1603 E. Foothill Blvd., Irwindale, CA 91702 Phone: (909) 421,4162 Name: Don Luna Title District Sales Manager Signature: Name: Chris East Title: So. Cal. Sales Rep Signature: Two Signatures Required for Corporations 4 Exhibit A Description and Price List of Merchandise EXHIBIT "B" PAYMENT RATES AND SCHEDULE 17-JUN-2009 09:36AM FROM-VULCAN SALES 626 969-4702 T-722 P.001/002 F-496 UuIcan Materials Company Asphalt Price List F.O.B., for Corona / Romoland Plants City of Temecula Attention: Rodney Tidwell Fax (951) 694 - 6475 Plant Reg Hot Mix Asphalt School Mix Cold Mix Using PG 64-10 & 70-10 Oil Sheet Mix Corona HMA $62.00 $65.00 $65.00 Romoland HMA $62.00 $65.00 $65.00 Emulsion in Bulk $7.00 Per Gallon (available at Corona only) Emulsion in Bucket $41.00 Per Pnckel Environmental Fee $1.00 Per Load Prices Effective from 7101/2009 good through 6/30/2010 All Materials always subject to availability. Sales tax not included in above prices, but are shown on system quote Sales tax subject to increase and always is billed at applicable rate at the time of invoice. Sincerely, Christopher Allen East Vulcan Material Company Southern California Solos Representative Cell (714) 231- 5547 E-mail eastca~vmcmail.com 6/17/09 H EC E I @/ E JUN 1 8 209 CITY OF 17-JUN-2009 09:36AM FROM-VULCAN SALES 626 969-4702 T-722 P.002/002 F-496 Attn: RODNEY TIDWELL 951-694-6475 Temecula/ City Of PO Box 9033 Temecula, CA 92589 Acct 0710049 Data: Quoto Created: quote Quote Name; Effective From: Version M Wednesday, June 17, 2009 Wednesday, June 17, 2009 1-NIR6X6 1.NIR6X5 Wednesday, July 01, 2009 1 Vu1ican Project: FOB ROMOLAND/CORONA 7101/2009-12/31/201 u PICKED UP VARIOUS LOCATIONS TEMECULA, CA Salon Rep: Chris East eastc@vmcm4l.com (626)6334228 Quote Expiration: Friday, July 17, 2009 Price Expiration: Friday, December 31, 2010 Special Instructions: PRICE QUOTED IS PICKED UP. DELIVERY IS EXTRA.TAX SUBJECT TO INCREASE.PRICE EXCLUDES ENVIRONMENTAL FEE OF $1.00+TAX PER LOAD. PRICES EFFECTIVE 7/l/09THRU 12131/10 Asphalt Plant Product Name Product Qty. U/M F.O.B. Plant F.O.B. Plant Tax Corona Asphalt ENVIRONMENTALFEE 9BB 1 Each $1.00 $0.09 Tax Incl. $1 09 Corona Asphalt REG-HOTMIX04-10 B5X 1 TONS $62.00 $5.43 . $67 48 Corona Asphalt SHEEIMIX/SCHLMIX B7X 1 TONS $65.00 $5.69 . $7469 Corona Asphalt COLD Mix 3/8"scs 59H 1 TONS $65.00 $5.69 $70 69 Corona Asphalt SS1H/GAL 13M1 1. GALS $7.00 $0.61 . $7 61 Corona Asphalt SS1 H/4,5 Gat Bucket BM2 1 Each $41-00 $3.59 . $44 59 Romoland Asph. ENVIRONMENTALFEE 9BB 1 Each $1.00 $0.09 , $1 09 Romoland Asph. REG-HOTMIX-64-10 65X 1 TONS $62,00 $5.43 . $57 43 Romoland Asph. SHEETMIXISCHLMIX B7X 1 TONS $65.00 $5.69 . $70 89 Romoland Asph. COLD MIX 3/8"S08 B9H 1 TONS $65,00 $5.69 . $70 69 Romoland Asph. 851 H/4.5 Gal Bucket BM2 1 Each $41.00 $3.59 . $44.59 All taxes applicable to the sale or delivery of materials will be invoiced to terns and conditions apply. and paid by the customer, Terme are Not 30. Please note standard This quote is limited to acceptance within 30 days from the date Of this q uotation after which time quotation is subject to review/revisio Please contact Sales prior to placing the order. n. Accepted by: Date: Sales Representative: Date: We appreciate the opportunity to provide you this quote end trust that Vulcan will h ave the pleasure serving your needs for this and fut projects. uro Quotation generat$c1 On 6/17/2009 ITEM NO. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 14, 2009 SUBJECT: Annual Purchase Agreement for Citywide Street Name Signs, for Fiscal Year 2009-2010 PREPARED BY: Rodney Tidwell, Maintenance Supervisor RECOMMENDATION: That the City Council approve an annual agreement with Main Street Signs in the amount of $75,000 for Fiscal Year 2009-2010 and authorize the Mayor to execute the agreement. BACKGROUND: The Public Works Maintenance Division requested quotes from three (3) sign manufacturing vendors for the purchase of Citywide street name signs, traffic control signs, specialty signs and hardware for sign replacements and repairs. Main Street Signs provided the lowest quote for the City wide signs and necessary hardware for new installations, replacement, repair and related hardware. Main Street Signs has been providing all City street name signs and repair hardware for 15 years. In obtaining price quotes from various vendors, Main Street Signs has consistently been the lowest and most responsible bidder in providing the City with exceptional; and reliable service for the past 15 years. Staff recommends maintaining the City's current street name sign stock; maintain the ability to provide signs and hardware within 24 to 48 hours from the vendor for sign installations and repairs; and enter into a contract with Main Street Signs for these services. FISCAL IMPACT: Adequate funds are programmed in the Fiscal Year 2009-2010 Operating Budget for the Public Works Department, Maintenance Division and Public Works Traffic Division Signs Account. ATTACHMENTS: Contract Quotes NOW EXCLUSIVE COMMODITY AGREEMENT BETWEEN THE CITY OF TEMECULA AND MAIN STREET SIGNS FOR CITY STREET NAME SIGNS ANNUAL AGREEMENT FOR FY2009-2010 THIS AGREEMENT is made and entered into as of July 14, 2009 , by and between the City of Temecula, a municipal corporation ("City") and Main Street Signs ("Vendor"). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Purchase of Goods. Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non-exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non- exclusive and the City reserves the right to purchase similar goods from other vendors. 2. Term of Aareement. This Agreement shall commence on July 14, 2009 and shall terminate as of June 30, 2010. 3. Payment. The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of Seventy Five Thousand Dollars and No Cents ($75,000.00) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute legal, valid, and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Contract Documents that may be attached hereto or incorporated herein. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Time and Place of Delivery. The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 6. Risk of Loss. Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. Inspection and Acceptance. City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. Resection. In the event of such notice of non-conformity by City pursuant to Section 7, City may, at its option (1) reject whole of the merchandise, (2) accept the whole of the merchandise, or (3) accept any commercial unit or units/portions of the merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and will full reservation of any rights and remedies of City attendant upon breach. In the event of such notice and election by City, the City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions Vendor shall indemnify in full for such expenses. 9. No Replacement of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the Contractor/Vendor shall at all times be under Contractor's/Vendor's exclusive direction and control. 12. Legal Responsibilities. The Vendor shall keep itself informed of all local, State, and Federal ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe and comply with all such ordinances, laws, regulations and procedures. The City, and its officers, agents, employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 2 13. Indemnification. The Vendor agrees to defend, indemnify, protect and hold harmless the City, District and/or Agency its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency 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 negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City. 14. Termination or Suspension. This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, and performance of this Agreement. 16. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative of all other remedies and rights accorded the City under law or equity. 17. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties 18. Governing Law. The City and Vendor understand and agree that the laws of the Sate of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party as determined by the Courts judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. Entire Aareement. This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 20. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF TEMECULA Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney VENDOR: MAIN STREET SIGNS 1211 W. Brooks Street, Suite A Ontario, CA 91762 Phone: (909) 391-0988 Fax: (909) 391-0249 Title: Signature: Title: Signature: Two Signatures Required for Corporations 4 Exhibit A Description and Price List of Merchandise EXHIBIT "B" PAYMENT RATES AND SCHEDULE Unit costs per sign as per Agreement MAIN STREET SIGNS 1211 W. BROOKS ST. STE. A ONTARIO, CA 91762 909-391-0988 FAX 909-391-0249 NAME/ADDRESS CITY OF 1'EML:7ILA PO BOX 9033 T'EM171CULA, CA 92589-9033 RODNEY Estimate 141 L I REP TERMS Net 30 SIGN DESCRIPTION OTY UNIT TOTAL RI STOP SIGN 30" HIP 1160 22 SPEEDLIMIT25 24X30 Hill I 52.10 52.101' R4-7 KELPRIGHTSYMBOL 24X30 HIP 1 35.00 35.011"1' W55 PL.OODED 30X70 HIP I 35.00 35.OOT W5 CURVE (ARROW) 36X36 I-111, 1 37.50 37.501 1 W20-1 ROADWORK AIIEAD 36X36 HIP 1 55.00 55.00 C5 W-1 OUR W/ARROW 36X12 HIP 1 55.00 55.OOT R I -4 ALL WAY 18X6 h111' I 21.00 21.001 193 BIKE ROUTE 24X 18 HIP 1 625 6251" 1232 2 HR PARKING WrHMES 12X I8 I.IIP 21.00 1 :1.00'1' SALES TAX I 12.25 13.25'1 8.756/1 28.88 TOTAL ALL QUOTES GOOD FOR 30 DAYS. EMALI.:chucic a mainstrcctsigns.net WEBSITE: www.mainsliftUigns.net Z0/ZB 39dd 60Z016£606 Z0:6T 6002/T£/S0 ITEM NO. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 14, 2009 SUBJECT: Settlement Agreement between the City of Temecula and Parker Family Enterprises, LLC PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: 1. Approve the Settlement Agreement between the City of Temecula and Parker Family Enterprises, LLC concerning the real property designated as Assessor's Parcel Number (APN) 922-045-011. 2. Approve in substantially the same format as attached, a Quitclaim Deed transferring the City's interest in APN 922-045-011 to Parker Family Enterprises, LLC. 3. Approve a Temporary Construction Easement in substantially the same format as attached, allowing the City to encroach upon APN 922-045-011 until the construction of the Main Street Bridge is completed. BACKGROUND: On March 6, 2001, the City Council approved Resolution No. 01-20 to purchase certain tax-defaulted properties from the Riverside County Treasurer-Tax Collector's Office in accordance with the provisions of Chapter 8 of the California Revenue and Taxation Code, Section 3771 et. seq. As part of this process, the Riverside County Board of Supervisors and the State of California approved the "Agreement to Purchase Tax Defaulted Property," which authorized the sale and transfer of APN 922-045-011 to the City of Temecula in 2002 for $5,015.37. This .05 acre parcel of vacant property is located on Main Street at the southeast corner of the Main Street Bridge and Murrieta Creek. The purpose of the acquisition was to support pedestrian bridge/flood control improvements along Murrieta Creek. In July 2007, the City was contacted by the property owners adjacent to this parcel (formerly the historic 1890 Hotel Temecula) located at 42100 Main Street. Parker Family Enterprises, LLC contends that their family has owned this parcel since the County vacated it to them in 1940. Sometime around 1976, the Assessor's Office carved-out a .05 acre portion of their .51 acre property for reasons unbeknownst to them. The carved-out portion was designated as 922-045-011 and is also referred to as Lot 11. Since 1976, property taxes for Lot 11 were assessed to an entity known as KI FKLA Rancho Realty. However, the Parker family has continued to maintain and pay taxes on a .51 acre parcel. The disputed Lot 11 is included within the .51 acres. Since Lot 11 was officially in the name of KI FKLA Rancho Realty, the parcel was ultimately sold and transferred to the City of Temecula as a tax-defaulted property in 2002. Parker Family Enterprises, LLC allege that the parcel belongs to them. They maintain that the Assessor's Office mistakenly carved Lot 11 out of their property, and violated their due process rights by failing to notice them of the taxes due on the parcel or to notice them of the parcel's subsequent sale. Rather than initiate legal action, they are requesting that the City deed the property back to them. Upon review of the provided legal documents, a site visit to the properties, and a meeting with members of the Parker family, it was clear that all parties desired an amicable resolution to this matter and wanted to avoid litigation. In addition, the Riverside County Flood Control and Water Conservation District has confirmed that Lot 11 will not be needed for the future Murrieta Creek improvements. Pursuant to the attached Settlement Agreement, the City will transfer Lot 11 to the Parker Family Enterprises, LLC in exchange for (1) payment of $5,015.37 (the amount paid bythe Citythrough the Chapter 8 sale) and (2) a Temporary Construction Easement over Lot 11 until the City's construction of the Main Street Bridge and adjacent areas are completed. FISCAL IMPACT: None. As part of the Settlement Agreement, Parker Family Enterprises, LLC will pay the City $5,015.37, which is the amount that the City paid for Lot 11 through the Chapter 8 sale. ATTACHMENTS: 1. Settlement Agreement 2. Quit Claim Deed 3. Construction Easement SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made the day last below written between the City of Temecula and Parker Family Enterprises, LLC (collectively "parties"). RECITALS A. WHEREAS, a dispute has arisen between the parties over the ownership of a piece of property described on Exhibit "A" to the unsigned quitclaim deed that is attached hereto as Exhibit "A" (the "Property"). B. WHEREAS, Parker Family Enterprises, LLC represents it has not filed any action or proceeding of any nature whatsoever against the City of Temecula and that it has not assigned any cause of action or claim it may have, individually or collectively, against the City of Temecula; and C. WHEREAS, the parties hereto desire to settle whatever disputes they may have had as to the matters identified in this Agreement. IT IS THEREFORE AGREED, in consideration of the terms, covenants, conditions and provisions stated below: 1. The Recitals above are true and are incorporated herein. 2. a. Parker Family Enterprises, LLC will pay a total sum of $5,015.37 to the City of Temecula; b. The City of Temecula will quitclaim to Parker Family Enterprises, LLC certain real property located in the City of Temecula, County of Riverside, State of California, more particularly described on Exhibit "A" to the unsigned quitclaim deed, which is attached hereto as Exhibit "A." C. A separate copy of Exhibit "A" will be signed in front of a notary and the City of Temecula shall cause it to be recorded in Riverside County upon confirmation that the City of Temecula has received the total sum of $5,015. 37. d. Parker Family Enterprises, LLC will grant a temporary construction easement to the City of Temecula, its terms more fully defined in the Temporary Construction Easement attached hereto as Exhibit "B." Property. Property. e. The City of Temecula makes no representations regarding title to the f. Parker Family Enterprises, LLC shall obtain its own title insurance for the 11086-0001\1 076956v6.doc 3. The parties hereby mutually, fully, and irrevocably release, waive, acquit and discharge each other from all claims, rights, demands, grievances, and causes of action of every kind whatsoever for damages, loss, or injury of every kind, nature or description whether known or unknown, existing or potential, suspected or unsuspected, or which hereafter may be sustained, which any of them may have or assert, or hereafter may have or assert, by reason of any contract (express, oral or written, implied in fact or implied in law), right to defense or indemnification (contractual, statutory or common law), liability, matter, cause, fact, thing or act or omission occurring prior to the effective date of this agreement and arising out of, related to, or having any connection with the City of Temecula's acquisition of the Property under Division 1, Part 6 of the California Revenue and Taxation Code. a. This release shall be a fully binding and complete settlement between the City of Temecula, Parker Family Enterprises, LLC, their Counsel and respective assigns and successors, save only the executory provisions of this Agreement. b. Except as expressly excluded herein, the City of Temecula and Parker Family Enterprises, LLC waive all rights or benefits that they may have under Civil Code section 1542, with regard to this Agreement. Civil Code section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 4. The parties have entered into this agreement solely to compromise and to settle any disputed claims. The signatories do not admit, concede or otherwise acknowledge liability in this matter. The parties expressly deny and disclaim any liability or that either has engaged in any wrongful conduct whatsoever. 5. The validity, construction, interpretation and enforcement of this Agreement and its terms and provisions shall be governed by the laws of the State of California. Venue shall be Riverside County, California. 6. The parties have jointly drafted this Agreement. Hence, the parties agree that the terms of this Agreement, or any of them, shall not be interpreted against or in favor of any party on the ground that any party participated in the drafting of this Agreement. The parties accordingly expressly and specifically waive the right to benefit from application of the doctrine of contra proferentum in any subsequent dispute concerning interpretation of the provisions of this Agreement. 7. No promise, inducement or agreement not herein expressed has been made or relied upon by any of the parties, this Agreement containing the entire agreement between the parties hereto. The terms of this Agreement are contractual, not merely a recital. 8. If suit, action or proceeding is commenced by any party hereto concerning this Agreement, or to recover damages for the breach of any of the terms or provisions hereunder, or to enforce any such term or provision or otherwise concerning the rights, duties or obligations of any party hereunder, the prevailing party in any such suit, action or proceeding, in addition to such other relief as may be granted, shall be entitled to a reasonable sum as attorneys' fees 2 11086-000111076956v6.doc incurred in connection therewith, which shall be fixed in such suit, action or proceeding, or in a separate action brought for that purpose. 9. Copies of this Agreement may be signed as counterparts by one or more parties hereto and shall have the same force and effect as if an original single document had been signed by all parties. 10. The singular number and masculine gender, as used herein, shall be deemed to include, and do include, the plural, the feminine or the neuter, as may be appropriate. 11. All parties hereto will bear their own costs, attorneys' fees and expenses not expressly provided for herein. 12. All parties hereto agree to perform whatever acts may be required to effectuate the terms of this Agreement. 13. The undersigned represent that they have the authority to bind the party for whom they are signing for to this Agreement. 14. The undersigned have read the foregoing Agreement, fully understand it, and assent to its terms and provisions. CITY OF TEMECULA: DATED: DATED: DATED: Maryann Edwards, Mayor ATTEST: Susan M. Jones, MMC, City Clerk APPROVED AS TO FORM: CITY ATTORNEY By: Peter M. Thorson, City Attorney DATED: REID & HELLYER A Professional Corporation By: Attorneys for Parker Family Enterprises, LLC 3 11086-000111076956v6.doc EXHIBIT "A" RECORDING REQUESTED BY: City Clerk's Department City of Temecula P.O. Box 9033 43200 Business Park Dr. Temecula, California 92589-9033 When Recorded Mail To: Same as above (space above for recorder's use only) QUITCLAIM DEED The undersigned Transferor(s) Declare(s). DOCUMENTARY TRANSFER TAX is $ Assessor's Parcel No. 922-045-011 City of Temecula, computed on full value of property conveyed, or computed on full value less value of liens or encumbrances remaining at time of sale, and FOR VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged, City of Temecula, does remise, release, and forever quitclaim to Parker Family Enterprises, LLC, all right, title, and interest the City of Temecula has in that certain real property located in the City of Temecula, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto: SUBJECT TO: 1. Current taxes and assessments. 2. All other covenants, conditions, restrictions, reservations, rights, rights-of-way and easements of record or apparent. IN WITNESS WHEREOF, City of Temecula has executed this instrument as of the date below indicated. DATED: 12009 CITY OF TEMECULA By: Maryann Edwards, Mayor 11086-0001\1 076956v6.doc STATE OF CALIFORNIA ) ss COUNTY OF RIVERSIDE ) On before me, 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. Notary Public 2 11086-000111076956v6.doc EXHIBIT "A" i . Ay of Terlpet7Ula :z-403 3 a, CA 92589 DOC q 2td03-1i~1YSPj4 02/t3r2003 e6:0eR. Fea:11C P.p. I of 2 Recorded !n Official Records County or Rt Wre Ed. C.ry L. Oreo A... S.- County Clark a Raw~Jar l1[ 1i R11 11I1111ai 1u t u r.c. r a.a a ,co. .a+ w ..r te .r 10111 C LC TWA 013-013 Doc. Trans. Tax - computed on full value of property conveyed S 040 ; i• ~ , TAX DEED TO PURCHASER OF TAX-DEFAULTED P O ERr~ wa.,a~y On which the legally levied taxes were a lien for Fiscal Year .129.U ]S and for nonpaymentwere duly declared tobe In default. 25-gZ7sg~jq11-Oc Default Number This deed, between the Tax Collector of ___jL!ER>ID.L_ County CSELLER•) ana (,PURCHASER^) conveys to the PURCIiASER the real property described herein which the SELLER sold to the PURCFfASER BY AS ACREWENT EFFECTIVE NOVEMBER 7. 2002 pursuant to a statutory power of sale In accordance with the provisions of Division 1, Part 6, ChapterjL, Revenue and Taxation Code,.for the sum of S q.Ql S. NO taxing agency objected to the sale. In accordance,with law, the SELLER, hereby grants to the PURCHASER, title free of all encumbrances of any kind existing before the sale, pursuant to 53712 of the Revenue and Taxation Code that real property situated In said County, State of California, last assessed to ~Sl F LA-RANCHO REALTY _ 922045011-1 Assossoe$Parcel Numbet SCE A7TACIIEV State of California Executed on _ RIVERMIM- County NOVL BER 7, Z 2 ~L:Z-'`c •~c c t,.rt~ T~Yconeao~ - `pE~OER, q~` On NOVFM61 I tpQ~_, uefae ne, _ rARy_AgfQ____, personally . cffl appeared _pAuLt4rbf1llt~_., •ptrsanOlt, known tome to bt both the Tax Collector of sald Jr County and the person who subscribed to the -Ithfn Instaument and aeknawltdpe6 to me that helshe 2 COs . executed the sa1M in Ids/her luthilriYed C1010ty as Tax Cotlettor, end that by hisihtr signature on Iht Instrument the person, orrthe entity upon behalf of which the person acted, executed the Instrument. O pl~ ~ v L VATNrsS myhand and official seal, * , r /1 Ate ~ __CASY_L9PAQ..___-_ ~ broANIP Cb".1y Clerk/Astesfor Deputy 053706 G 3804 1143 Code RIVERSIDE,CA DOCUMENT: DD 2001.10150E Phq* 1 of 2 Printed on 1112012000 11:27:10 AM Provided by DataTraco System 11086-0001\1 07695 6v 6. d o c 922045011-/ PAGE 2 'IEGAL DESCHFTi0h* THE SOUTHEASTERLY 10 FEET OF MAIN STREET VACATED BY RESOLUTION 75-104, RECORDED APRIL 23, 1975 AS INSTRUMENT NUMBER 46491 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. LYING WITFIIN RIVER STREET. TOGETHER WITH THAT PORTION OF RIVER STREET, AS VACATED BY RESOLUTION RECORDED AUGUST 6, 19401N BOOK 474, PAGE 109 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AS SHOWN BY MAP OF THE TOWNSITE OF FEMECULA ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. DESCRIBED AS rOLLOWS: GEGINNING AT THE THENCF. SOUTHEASTERLY IN A STRAIGHT LINE TO A POINT ON THE NORTHWESTERLY BOUNDARY OF THIRD STREET, AS SHOWN ON SAID MAP, EXTENDED SOUTHWESTERLY, WHICH POINT IS 3S FEET SOUTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK 28: THENCE NORTHEASTERLY ON THE NORTHWESTERLY BOUNDARY OF THIRD STREET EXTENDED 35 FEET: THENCE NORTHWESTERLY ON THE NORTHEASTERLY BOUNDARY OF RIVER STREET 300 FEET TO THE POINT OF BEGINNING. EXCEPTING THERLFROM THAT PORTION CONVL•YED TO LEVERNE PARKER, TRUSTEE OR ANY SUCCESSOR TRUSTEE OF THE LEVERN E PARKER TRUST UNDER TRUST AGREEMENT DATED NOVEMBER 20, 1980 BY DEED RECORDED DECEMBER 2, 1980 AS INSTRUMENT NUMBER 224898 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY. f I(IIlI IIIII(IIII 11111!1 III 1111111 If III iil Illil lilt Ills bz -1013FJI e .1 RIVERSIDE,CA DOCUMENT: DO 2003 101508 Pige 2 of 2 Printed on 1112012006 11:27:10 AM Provided by DataTrace System 2 11086-0001\1076956v6. doe EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT This Agreement, made between Parker Family Enterprises, LLC, hereinafter designated Grantor, and between the City of Temecula, hereinafter designated Grantee, does hereby grant unto the Grantee, its contractors, subcontractors, and employees permission to enter the property more particularly described as Exhibit "A" attached hereto and grants the exclusive right to perform construction activities necessary to construct the Main Street Bridge. IT IS UNDERSTOOD that the Easement rights herein granted shall terminate upon completion or abandonment of the above-mentioned construction project, whichever is sooner. IT IS ALSO UNDERSTOOD that the Easement herein granted does not convey any right or interest in the above-described property, except as stated herein, nor prevent Grantor from the use of said property; provided, however that such use does not interfere with the rights herein granted. In addition, the Grantee, its contractors, and employees agree to the following conditions of entry: 1. DAMAGE TO PROPERTY: Shall exercise care to avoid damaging the property in any manner not consistent with the purpose for which this agreement is issued. By: 2. COOPERATION WITH GRANTOR: Shall at all times cooperate with Grantor and comply with reasonable requests not inconsistent with the purpose for which this agreement is issued. 3. CLEANUP: Shall exercise care to maintain the property in its condition prior to any construction activities. City of Temecula Parker Family Enterprises, LLC Grantee Grantor Maryanne Edwards, Mayor (Include Title) Date Date 11086-0001\1 076956v6.doc EXHIBIT "A" ly ur Tejpefula 3oy4033 lemecula• CA 92589 DOC " 2003-101°30P1 0VI.V2003 06:04A-Fa.:VIC Pride I or 2 Raaord.a In arflca.t Record. County or nl..raad. Gary L. Or.o As ar, County C1.11i 6 R.wrdar 11111111111111111111111111111111111111111111111111 n s ton ,nc s.a ,.ar, 1 rw C taut mwun nett, ux wnecttu TRA 01 3-013 / Doc. Trans. Tax - computed on full value of property conveyed S 0.90 ; i--~ Ar.+,`w TAX DEED TO PURCFlA$ER OF TAX-DEFAULTED PROPERTY On which the legally levied taxes were a lien for Fiscal Year _L .D.4-JM and for nonpayment were duly declared tobe in default. 2~227S9S~ t7 1-0000 Default Number This deed, between the Tax Collector of --_1iLyynjDL County (SELLER') and (4URCHASER-) conveys to the PURCHASER the real property described herein which the SELLER sold to the PURWASER By AN ACRFEMFNT EFFECTIVE NOVEMBER 7,2DO2 pursuant so a statutory puwer of sale In accordance with the provisions of Division 1, Part 6, ChapterjL, Revenue and Taxation Code, for the sum of f 5,015 37.-_ NO. vexing agency objected to the sale. In accordance,with law, the SELLER, hereby grants to the PURCHASER, title free of all eincumbrances of any kind exl6ting before the sale, pursuant to 03712 of the Revenue and Taxation Code that real property situated In said County, State of California, last assessed to X) FKLA,RANCHO REALTY 922045011-$ Auasort Hrtd Nvrthe~ stC ATTACIIeU State at California Executed on _ RIVER$Ir)L__ County NOVIMQEq_Z, _~Q_02 - e~L Gt 4,cLL~ _ Tar cantaor l Gpt30ER, 9/✓ on NPVFN6tg,z,jggz_, before me, Personally r (cp appealed _Bt-4LMCp31tpe0-,'personalty intern to nit to be both Iha Tax Collector of said COUrity gild the pettily, who subt[rlbed to lha within Inatrumenl ind .cknuwltdged to mo that hefsho Z Os. taatutd felt saint in Ids /her luthml2ed ap acity as Tag Catleclnr, and that by Ids liter signature on O the IneUuinant the person, or 'the emlty upon behalf of which the Patton acted, urcuted lho l0trdment. O vdTNrss mvhand and official seal. ar ~ t• ti 1 - Ce+usty ❑erk (.151ca41 pePUty 0:3709 a 3304 HS I Cad. RIVERSIDE,CA DOCU140,T: DO 2003.101506 Pnge 1 of 2 Printed on 11!2012001 11,21:111AM provided by DalaTraco System 11086-0001\1076956v6.doc 922045011-e PAGE 2 %CCAL DESCRPTION- THE SOUTHEASTERLY 10 FEET OF MAIN STREET VACATED BY RESOLUTION 7S-104, RECORDED APRIL 23, 1975 AS INSTRUMENT NUMBER 46491 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING WITHIN RIVER STREET. TOGETHER WITH THAT PORTION OF RIVER STREET, AS VACATED BY RESOLUTION RECORDED AUGUST 6, 1940 IN BOOT; 474, PAGE 109 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY. CALIFORNIA, AS SHOWN BY MAP OF THE TOWNSITE OF FEMECULA ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEC0 COUNTY. CALIFORNIA. DESCRIBED AS FOLLOWS: 611GINNING AT THE MOST WESTERLY CORNER SOUTHERLY CORNER OF SAID STREET EXTENDED 35 FEET; TF TO THE POINT OF BEGINNING. POINT IS 3S FEET 300 FEET EXCEPTING THEREFROM "THAT PORTION CONVEYED TO LEVERNE PARKER, TRUSTEE OR ANY SUCCESSOR TRUSTEE OF THE LEVERNE PARKER TRUST UNDEXTRUST AGREEMENT DATED NOVEMBER 20, 1980 BY DEED RECORDED DECEMBER 2, 1960 AS INSTRUMENT NUMBER 224898 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY. 1111111 l l 111 1111 1111 111 111 1111111 11111 111 llf iI Iili IIN r2 RIVERSIDE,CA DOCUMENT: DO 2003 101508 Page 2 of 2 Printed on 1112012006 11:27:10 AM Provided by DataTrace System 11086-0001\1076956v6. doe ITEM NO. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 14, 2009 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map No. 23064 (Located northeasterly of the intersection of Deer Hollow Way and Peppercorn Drive) PREPARED BY: Daniel York, City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 23064) BACKGROUND: Tract Map No. 23064 was originally approved by the Riverside County Board of Supervisors on March 26, 2002. The Tract is located within the Redhawk area which was annexed into the City of Temecula on June 30, 2005. On February 13, 2007 City Council approved substitution agreement and bonds submitted by Centex Homes. Tract Map No. 23064 was originally approved by the Riverside County Board of Supervisors and recorded by the County Recorder on March 26, 2002. In June of 2005, the Tract was annexed into the City of Temecula as part of the Redhawk area annexation. As indicated on the recorded map, the developer dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The County Board of Supervisors accepted the offers of dedication at the time of map recordation for each Tract. At the time of annexation the streets offered for dedication on the map became street right-of-way offers within the City of Temecula. City Public Works staff has since reviewed and inspected the public improvements and determined that all required repairs and replacements were satisfactorily completed. The Performance bonds for the Tracts have therefore been released, however, the one-year Warranty Bonds and Labor and Materials Bonds have not been released. The Warranty Bonds will be released at the end of the one-year period in July, 2010. The Labor and Materials Bonds will be released six months into the one-year warranty period in January, 2010. The public streets now being accepted by this action are as follows: Portion of Deer Hollow Way, Corte Mislanca, Caminito Lorca, portion of Camino Rubi and portion of Via Puebla. FISCAL IMPACT: Periodic surface and I or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 09 - with Exhibits "A - B" inclusive. RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 23064) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map No. 23064 was recorded by the County Recorder at March 22, 2002 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Centex Homes; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of July, 2049. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of July, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2009 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Map 23064 into the City- Maintained Street System as described as follows: 1. Lot "A" (portion of Deer Hollow Way) of said Tract Map No. 23064 2. Lot "B" (Corte Mislanca) of said Tract Map No. 23064 3. Lot "C" (Caminito Lorca) of said Tract Map No. 23064 4. Lot "D" (portion of Camino Rubi) of said Tract Map No. 23064 5. Lot "E" (portion of Via Puebla) of said Tract Map No. 23064 EXHIBIT "B" TO RESOLUTION NO. 2009- To I I MN[ UfQ R0AO 0 I m VICINITY MAP NO SCALE TRACT MAP 23064 ITEM NO. 1 0 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 14, 2009 SUBJECT: Award a Construction Contract for Street Striping Program for FY 2009-2010, Project No. PW09-04 PREPARED BY: Mayra De La Torre, Senior Engineer- CIP Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council: Award a Construction Contract for the Street Striping Program for FY 2009-2010, Project No. PW 09-04 to Pacific Striping, Inc. in the amount of $111,925.00. 2. Authorize the City Manger to approve change orders not to exceed the contingency amount of $11,192.50, which is equal to 10% of the contract amount. BACKGROUND: The Street Striping Program FY 2009-2010, Project No. PW 09-04 (the Project) provides for bi-annual Citywide re-painting of street striping and pavement markings as part of routine maintenance. In addition to repainting existing stripes and pavement markings, the scope of work includes minor modifications as directed by the City Engineer including the removal of existing stripes and the placement of new traffic stripes and pavement markings. On May 12, 2009 the City Council approved the bid package for the Project and authorized the Department of Public Works to solicit construction bids. On Tuesday June 23, 2009, eight bids were received and publicly opened and read aloud. The results were as follows: 1. Pacific Striping, Inc. $ 111,925.00 2. Orange County Striping Services, Inc. $ 135,227.50 3. JP Striping, Inc. $ 159,500.00 4. Chrisp Company $ 165,100.00 5. J & S Striping Company, Inc. $ 180,550.00 6. Sterndahl Enterprises, Inc. $ 192,225.00 7. Prestige Striping Services $ 211,375.00 8. PCI $ 264,325.00 Staff has reviewed the bids and found Pacific Striping, Inc. to be the lowest responsible bidder with a bid amount of $111,925.00. Pacific Striping, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. The work to be performed will be completed within the 2009/ 2010 Fiscal Year, July 1, 2009 to June 30, 2010. Additionally, the City may extend this contract in one year increments for each of the following three (3) fiscal years. The quantities of work and individual unit prices will be negotiated with the contractor at the time of each extension. In no event shall the contract be extended beyond June 30, 2013. The specifications allow for thirty (30) working days construction duration. The engineering estimate was $144,725.00. FISCAL IMPACT: The Street Striping Program FY 2009-2010 is funded with Public Works Maintenance Division FY2009-2010 Operating Budget for Public Works Routine Street Maintenance Striping/ Stenciling. Adequate funds are available in Account No. 001-164-601-5410. The total project cost is $123,117.50, which includes the contract amount of $111,925.00 plus the 10% contingency of $11,192.50. ATTACHMENTS Contract CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW09-04 STREET STRIPING PROGRAM FY 2009-90 THIS CONTRACT, made and entered into the 14th day of July, 2009 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Pacific Striping, Inc., hereinafter referred to as "CONTRACTOR." WITN ESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled Street Striping Program FY 2009-10, PROJECT NO. PW09-04„ Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for Street Striping Program FY 2009-10, PROJECT NO. PW09-04. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for Street Striping Program FY 2009-10, PROJECT NO. PW09-04. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: Street Striping Program FY 2009-10, PROJECT NO. PW09-04, All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: One Hundred Eleven Thousand Nine Hundred Twenty-Five DOLLARS and No CENTS ($111,925.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, as approved by the Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Street Address: Greg Butler Greg Butler Director of Public Works Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Pacific Striping, Inc. P.O. Box 1691 Whittier, Ca. 90609 (562) 945-7805 By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney ITEM NO. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works DATE: July 14, 2009 SUBJECT: Budget Transfer and Change Order No. 12 to the Pechanga Parkway Street Improvements Project, Project Number PW99-11, to Construct the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway PREPARED BY: Amer Attar, Principal Engineer Mayra De La Torre, Senior Engineer RECOMMENDATION: That the City Council: 1. Approve a budget transfer of $80,000.00 of Development Impact Fee - Streets, from the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, Project Number PW00-26, to the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway Project, Project Number PW06-11; and 2. Approve Change Order No. 12 for $293,500 to construct the Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway (CIP Project Number PW06-11) as part of the Pechanga Parkway Street Improvements Project, Project Number PW99-11 and authorize the City Manager to execute the change order; and 3. Approve a contingency to Change Order No. 12 in the amount of $29,350, which is 10% of the change order amount and authorize the City Manager to approve changes up to the contingency amount. BACKGROUND: The Pechanga Parkway Street Improvements Project, Project No. PW99-11 is approaching its conclusion. This project widened Pechanga Parkway from Temecula Parkway to Pechanga Road. The improvements included grading, curb, gutter, sidewalk, concrete medians, landscape and irrigation, drainage facilities, traffic signals, and signing and striping. The Dual Right Turn Lanes from Temecula Parkway to Pechanga Parkway Project, Project No. PW06-11 will add an additional right turn lane on Temecula Parkway to allow more cars to make the right turn to Pechanga Parkway simultaneously. This will relieve congestion caused by vehicles backing up on Temecula Parkway to make this right turn, thus impacting through traffic. The Improvements include grading, curb & gutter, sidewalk, traffic signal modifications, signing and striping. Staff has been working with the City Attorney to acquire the needed right of way for the additional right turn lane for the past year. On November 25, 2008, the City Council adopted a Resolution of Necessity declaring the needed property necessary for a public purpose and authorizing its acquisition through the Eminent Domain Process. The City gained possession of the property on June 5, 2009. When the necessity of implementing the Dual right Turn Lanes project arose, staff contemplated adding this work to the Pechanga Parkway project. The scope of work for the Dual Right Turn Lanes project is exactly the same as some of the work on the Pechanga Parkway project; a road widening, including grading, curb & gutter, sidewalk, signing and striping. As a matter of fact, the two projects overlap at the southwest corner of Pechanga Parkway and Temecula Parkway. During the course of constructing the Pechanga Parkway project, staff directed modifications of the curb return at this location so it would not have to be removed and reconstructed during the construction of the Dual Right Turn Lanes project. Staff did not initially combine the two projects because the timing of each project was not certain and staff did not want one project to delay the other. As indicated above, the City had to go through Eminent Domain proceedings to acquire the necessary right of way for the Dual Right Turn Lanes project. Had the two projects been combined, the Pechanga Parkway project would have been delayed until June 5, 2009, when the City gained possession of the property required for the Dual Right Turn project. In addition, the Pechanga Parkway project is partially funded with federal funds. As such, proceeding with construction was contingent on federal authorization. A delay of this authorization could have delayed both projects. In order to expedite the implementation of the Dual Right Turn Lanes project, staff is requesting approval to add this work to the Pechanga Parkway Street Improvements project as a change order. This will ensure thatthe work will start as soon as the change order is approved by the City Council. Staff requested a proposal to construct the Dual Right Turn Lanes from All American Asphalt (AAA), the contractor for the Pechanga Parkway Street Improvements Project. AAA submitted a proposed cost of $293,500.00 for the necessary work. Provisions for the work stipulate that no daytime lane closures will be permitted on Temecula Parkway and that one lane may be closed during night work. This restriction will minimize the impact and inconvenience to the travelling public. Staff reviewed the proposal and found it to be reasonable for the type of work to be carried out based on the restricted work area. AAA's familiarity with the project area and traffic conditions will help them complete this additional work efficiently and in the most expeditious manner. FISCAL IMPACT: The Dual Right Turn Lanes Project, Project No. PW06-11 is a Capital Improvement Program project included in the Fiscal Year 2010/2014 CIP budget approved by the City Council. The project is funded with SB 621 (Indian Gaming Funds) and Development Impact Fees -Streets (DIF). In order to implement the project an additional $80,000 is needed to cover project costs. Adequate DIF-Streets funds are available to transfer from the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road Project, Project Number PW00-26 (No. 210-165-602- 5700). With the recommended transfer to the project account (No. 210-165-637-5804), adequate funds will be available for the $293,850 change order and the requested $29,350 contingency. ATTACHMENTS: 1. Change Order #12 2. Project Description 3. Project Location CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 12 CONTRACT NO. PW99-11 FEDERAL PROJECT NO. PLHL 5459(014) Page 1 of 2 PROJECT: Pechanga Parkway Phase II Street Improvements, Project Number PW99-11 TO CONTRACTOR: All American Asphalt NOTE: This change order is not effective until approved by the City Manager. CHANGE ORDER REQUESTED BY: City 12.1 DESCRIPTION OF WORK: Extra work to be performed by the Contractor, as directed by the Engineer. This item includes all necessary work to construct dual right turn lanes on Temecula Parkway traveling eastbound to Pechanga Parkway (traveling southbound). The Contractor shall be responsible for all required coordination with AT&T to allow AT&T to perform their facility relocation within the project schedule. AT&T requires 2 weeks advance notice and 1 week to perform their work. This change includes full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the dual right turn lanes and all associated improvements, as specified in the Plans and Specifications, the Greenbook and as directed by the Engineer. This change is associated with the Contractor's proposal dated 08/22/09. The following are traffic/ lane closure restrictions that must be adhered to during this construction: (a) All existing through lanes on Temecula Parkway shall remain open during the day; no exceptions will be granted; (b) The existing right turn lane on Temecula Parkway shall remain open during the day; no exceptions will be granted; (c) One lane can be closed on Temecula Parkway, when working at night. METHOD OF PAYMENT: Extra Work at Time and Material (Note: Contractor's extra work billings used 20% labor markup and 15% markup for equipment/materials): Total Cost of Extra work (Contractor's proposal) $ 293,500.00 Total Item 12.1 $ 293,500.00 This price constitutes full compensation, including mark-ups for the work described above and no additional compensation will be allowed therefore. CCO 12 TOTAL INCREASE $ 293,500.00 R:\CIP\PR0JECTS\PW99\99-11 Pech Pkwy Phase 11 Street Improvs\00NSTRUCTl0M000\CC0 and Memos\CCO No. 12 Dual Rt Turn draft.doc CITY OF TEMECULA CONTRACT CHANGE ORDER NO. 12 CONTRACT NO. PW99-11 FEDERAL PROJECT NO. PLHL 5459(014) Page 2 of 2 Original Contract Amount $ 8,131,964.98 Transfer from PW06-11 (acct no. 210-165-637-5804) $ (293,500.00) This Change $ 293,500.00 Previously Approved Changes $ 531,666.61 Total Adjusted Contract Amount $ 8,663,631.59 Original Contract Working Days 180 This Change Order 50 Previously Approved Additional Working Days 65 Total Adjusted Contract Working Days 295 Date Prepared by: Submitted by: Approved: (as authorized by City Manager) City of Temecula- Mayra De LaTorre, P.E. Senior Engineer, CIP City of Temecula - Amer Attar, P. E. Principal Engineer, CIP City of Temecula - Greg Butler, P.E. Director of Public Works Date Date: We the undersigned contractor have given careful consideration to the change proposed and hereby agree: If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above; and, perform all services necessary for the work specified above, and will accept as full payment the prices listed above. Accepted: Date: By: Name: Contractor: All American Asphalt Title: Signature Printed If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. 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G 0 0 m 0. -'e, -'e, U U L 4 H Q v~ C~ li 7 HIIWS n v 15 ti v 'o a Z G~ ITEM NO. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 14, 2009 SUBJECT: Phlebotomy Services for Fiscal Year 2008-09 and 2009-10 PREPARED BY: David Bilby Senior Debt Analyst RECOMMENDATION: That the City Council: 1. Approve the First Amendment to the Agreement 08-211 between the City of Temecula and American Forensic Nurses for Phlebotomy Services for fiscal year 2008-09 in the amount of $10,000 for a total contract amount of $40,000. 2. Approve the Agreement between the City of Temecula and American Forensic Nurses for Phlebotomy Services for fiscal year 2009-10 in the amount of $40,000. BACKGROUND: On July 28, 2008, the City and Consultant entered into an Agreement with AMERICAN FORENSIC NURSES for phlebotomy services, in the amount not to exceed $30,000. Due to the increased demand for the services offered, it is required to increase the fiscal year 2008-09 agreement by $10,000 in order to pay for the phlebotomy services provided to the Temecula Police Department as part of their established law enforcement operations. For fiscal year 2009-10 American Forensic Nurses has offered the City of Temecula reduced contract rates which will save an estimated $2,500 in fiscal year 2009-10 based on the same volumes as fiscal year 2008-09. FISCAL IMPACT: Sufficient funds currently exist in the Police Budget to cover the additional cost for fiscal year 2008-09. The line item budget has been approved in the amount of $40,000 for fiscal year 2009-10 for phlebotomy services. The reduced contract pricing offered to the City by American Forensic Nurses will save an estimated at $2,500 for fiscal year 2009-10 ATTACHMENTS: First Amendment to Agreement Between the City of Temecula and American Forensic Nurses (for FY 2008-09) Agreement for Professional Services Between the City of Temecula and American Forensic Nurses for Phlebotomy Services (for FY 2009-10) FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND AMERICAN FORENSIC NURSES FOR PHLEBOTOMY SERVICES THIS FIRST AMENDMENT is made and entered into as of July 14, 2009 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and AMERICAN FORENSIC NURSES ("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On July 28, 2008 the City and Vendor entered into that certain Agreement 08-211 entitled "AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND AMERICAN FORENSIC NURSES FOR PHLEBOTOMY SERVICES", in the amount not to exceed $30,000. b. The parties now desire to increase the payment in the amount of $10,000 and amend the Agreement as set forth in this Amendment. 2. The Section of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Vendor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, 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 B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Ten Thousand Dollars and No Cents ($10,000) for additional Phlebotomy Services for a total Agreement amount of Forty Thousand Dollars and No Cents ($37,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CONSULTANT (Signatures of two corporate officers are required): By: Maryann Edwards Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney By: Printed Name: Title: Printed Title: Name of Company: Contact Person at Company: Mailing Address, Telephone Number and Fax Number of Company: FSM Initials: Date: 2 PD01-10 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF TEMECULA AND AMERICAN FORENSIC NURSES FOR PHLEBOTOMY SERVICES THIS AGREEMENT is made and effective as of July 14, 2009, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and American Forensic Nurses, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 14, 2009, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Not Used. 5. PAYMENT 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 B, Payment Rates and Schedule, 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 B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty Thousand and zero cents ($40,000.00) annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (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 Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and/or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. CG 00 01 11 85 or 88 Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply 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 agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled 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 City via certified mail, return receipt requested of the changes to or cancellation of the policy. 4 e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, 5 notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City of Temecula: City of Temecula Attn: City Manager P.O. Box 9433 Temecula, California 92589-9033 -or- City of Temecula Attn: City Manager 43200 Business Park Drive Temecula. California 92590 To Consultant: American Forensic Nurses 255 North El Cielo Road, Ste 195 Palm Springs, CA 92262 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub- contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CONSULTANT (Signatures of two corporate officers are required): By: By: Maryann Edwards Printed Name: Mayor Title: [Agreements exceeding $30,000 require City Council Approval and the Mayor's Name would be inserted above in place of the City Manager] ATTEST: By: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson City Attorney By: Printed Name: Title: Name of Company: Contact Person at Company: Mailing Address, Telephone Number and Fax Number of Company: FSM Initials: Date: EXHIBIT A TASKS TO BE PERFORMED • The specific elements (scope of work) of this service include: Phlebotomy (blood drawing) services, urine specimen collection, and rape suspect evidence collection for the Temecula Police Department. • 24-hour `on-call' services to the following locations: ➢ Temecula Police Department - 30755-A Auld Road, Murrieta CA ➢ Southwest Detention Center - 30755-A Auld Road, Murrieta CA ➢ Various Field Responses Within Temecula City limits • 30 minute response time from notification services required. • Consultation & courtroom testimony of technical aspects of phlebotomy draws, urine and DNA specimen collection as required. Cost for these services will be at the standard rate charge for actual time spent in court only. 0 All services to be performed by experienced and licensed phlebotomists. EXHIBIT B PAYMENT RATES AND SCHEDULE Prices for services are per quote provided by Consultant to County of Riverside Sheriff's Department attached hereto and incorporated herein as though set forth in full. Pursuant to Section 13 of the Agreement between American Forensic Nurses and Riverside County American Forensic Nurses has agreed to extend the same pricing to the City of Temecula as a political entity. In no event shall such services exceed $40,000 for the total term of this Agreement except as provided pursuant to Section 4 of this Agreement. 10 G. FAYE BATTISTE-OTTO, R.N. President and CEO Member, International Association of Forensic Nurses July 1, 2009 Temecula Police Department P.O. Box 892050 Temecula, CA 92589 Dear Ms. Schrader, American Forensic Nurses (AFN) has agreed to extend the same pricing to the City of Temecula as used in the agreement with Riverside County Sheriff with the exception of the Standby Fee which will remain at the 2008-09 fee of $1,200.00 per month. The fee schedule below is effective July 1, 2009 and will remain as stated for the 2009-10 Fiscal Year. Service Fee 1. Phlebotomy Draw $ 39.50 2. DNA Specimen Collection $ 39.50 3. Urine Specimen Collection $ 39.50 4. Dry Run: Blood, Urine $ 30.00 5. Rape Suspect Evidence Collection $ 195.00 6. Dry Run, Rape Suspect Evidence $ 95.00 7. Reference Kit $ 125.00 8. Reference Kit Dry Run $ 45.00 9. Taser Dart Removal $ 125.00 10. Taser Dart Removal Dry Run $ 45.00 11. Court Time Only (For actual time in court only) $ 85.00 12. Administration Fee $ 1,200.00 13. DUI Check Point / Sitdown $ 350.00 If you have any questions, please do not hesitate to contact me. Yours very truly, Faye Battiste-Otto FBO/ss 255 North El Cielo Road, #140-195, Palm Springs, CA 92262 Office (760) 322-9925 Fax (760) 322-9914 Email info(a)amrn.com TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 13 ACTION MINUTES of JUNE 23, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:37 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington Present: Edwards, Naggar, Comerchero Absent: Roberts, Washington In President Washington's absence, Vice President Comerchero presided over the meeting. CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 20 Action Minutes.- Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected approval of those present - President Washington and Director Roberts absent. RECOMMENDATION: 20.1 Approve the action minutes of June 9, 2009. 21 Patricia H. Birdsall Sports Park Tournament Fee Amendment - Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected approval of those present - President Washington and Director Roberts absent. RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. CSD 09-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE TOURNAMENT FEE FOR RENTAL OF THE PATRICIA H. BIRDSALL SPORTS PARK ATHLETIC FIELDS Action Minutes CSD 062309 22 Temecula Community Services District Fiscal Year 2009-2010 Annual Maintenance Agreements - Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected approval of those present - President Washington and Director Roberts absent. RECOMMENDATION: 22.1 Approve the minor annual maintenance and construction contracts for Fiscal Year 2009-2010 with the following companies for an amount not to exceed: 1. Moore Fence Company, Inc. $75,000 2. Imperial Paving Company, Inc. $75,000 3. NPG, Inc. $75,000 4. Strong's Painting $75,000 5. Turner Electric $75,000 6. Power Distributors, Inc. $75,000 7. Craftsmen Plumbing & Heating $75,000 8. Tiger Equipment, Inc. $75,000 9. Murrieta Development Company, Inc. $75,000 10 . Toran Development & Construction $75,000 11 . T.D. Grogan Construction $75,000 12 . Becker Engineering $75,000 13 . Del Rio Enterprise $75,000 23 Approval of Plans and Specifications and authorization to Solicit Construction Bids for Redhawk Park Improvements - Proiect No. PW06-06 - Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected approval of those present - President Washington and Director Roberts absent. RECOMMENDATION: 23.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Redhawk Park Improvements - Project No. PW06-06. 24 Amendment to Agreement with Adkins Consulting.- Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected approval of those present - President Washington and Director Roberts absent. RECOMMENDATION: 24.1 Approve an amendment to the Adkins Consulting agreement in the amount of $30,000 to provide marketing and promotional support services for the Cultural Arts Division, Recreation, and the Old Town Temecula Community Theater. Action Minutes CSD 062309 25 Renaming the Children's Museum "Pennypickle's Workshop, Temecula Children's Museum" - Approved Staff Recommendation (5-0-0) - Director Naggar made the motion; it was seconded by Director Edwards; and electronic vote reflected approval of those present - President Washington and Director Roberts absent. RECOMMENDATION: 25.1 Approve the recommendation from the Community Services Commission to rename the Temecula Children's Museum "Pennypickle's Workshop, Temecula Children's Museum". CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:42 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 14, 2009, 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. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] Action Minutes CSD 062309 DISTRICT BUSINESS ITEM NO. 14 Approvals City Attorney 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: July 14, 2009 SUBJECT: Creating Community - The Community Services Department RECOMMENDATION: That the Board of Directors receive and file a video report on the programs and services provided by the Community Services Department. BACKGROUND: The Community Services Department provides a wide array of programs and services to our community on an annual basis. These services include over 330 different recreation classes and programs, over 30 special events on an annual basis, youth and adult sports leagues, sports field coordination and scheduling, aquatics programs, special needs programs, senior services, human services, library services, volunteer services, cultural services including performance and visual arts, park and landscape maintenance, facilities maintenance, contracted solid waste and recycling services and environmental programs. Over the past twelve (12) months the Community Services Department has worked on preparing a DVD, which highlights many of the services the Community Services Department provides that helps create community and a sense of place here in Temecula. In recognition of July as National Parks and Recreation month, staff would like to present this brief video to the Board of Directors. FISCAL IMPACT: None REDEVELOPMENT AGENCY ITEM NO. 15 ACTION MINUTES of JUNE 23, 2009 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:42 P.M. CALL TO ORDER: Chair Person Ron Roberts ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts Present: Comerchero, Edwards, Naggar Absent: Roberts, Washington In Chair Person Roberts' absence, Vice Chair Person Naggar presided over the meeting. RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 27 Action Minutes - Approved Staff Recommendation (3-0-2) - Agency Member Edwards made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval of those present - Chair Person Roberts and Director Washington. RECOMMENDATION: 27.1 Approve the action minutes of June 9, 2009. 28 Agreement between Melody's Ad Works and the Redevelopment Agency for FY 2009-10 - Approved Staff Recommendation (3-0-2) - Agency Member Edwards made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval of those present - Chair Person Roberts and Director Washington. RECOMMENDATION: 28.1 Approve an agreement with Melody's Ad Works in the amount of $39,700 for promoting and marketing Special Events in Old Town for FY 2009-10. Action Minutes RDA 062309 29 Third Amendment to the Exclusive Negotiating Agreement between the Temecula Redevelopment Agency and R.C. Hobbs Co - Approved Staff Recommendation (3-0-2) - Agency Member Edwards made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval of those present - Chair Person Roberts and Director Washington. RECOMMENDATION: 29.1 Approve the Third Amendment to the Exclusive Negotiating Agreement (ENA) between the Agency and the R.C. Hobbs Co. 30 Exclusive Negotiating Agreement between the Temecula Redevelopment Agency and Temecula Waterpark LP - Approved Staff Recommendation (3-0-2) -Agency Member Edwards made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval of those present - Chair Person Roberts and Director Washington. RECOMMENDATION: 30.1 Approve an Exclusive Negotiating Agreement between the Agency and Temecula Waterpark LP. 31 Acquisition of Property located at 28725 Puiol Street - Approved Staff Recommendation (3-0-2) - Agency Member Edwards made the motion; it was seconded by Director Comerchero; and electronic vote reflected approval of those present - Chair Person Roberts and Director Washington. RECOMMENDATION: 31.1 Adopt a resolution entitled: RESOLUTION NO. RDA 09-03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ANTONIO RAUL MUNIZ AND AIDA MUNIZ FOR THE PURCHASE OF CERTAIN REAL PROPERTY FOR AFFORDABLE HOUSING Action Minutes RDA 062309 RDA DEPARTMENTAL REPORT RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:44 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 14, 2009, 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 Clerk/Agency Secretary [SEAL] Action Minutes RDA 062309 PUBLIC HEARING ITEM NO. 1 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Rich Johnston, Building Official DATE: July 14, 2009 SUBJECT: Weed Abatement Lien Resolution for FY 2008-2009 RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2008-2009 BACKGROUND: The City of Temecula is responsible forweed abatement for properties that are not cleared of hazardous weeds during the spring and summer abatement season. The City contracts with local weed abatement specialists to bring parcels with hazardous conditions into compliance with the Temecula Municipal Code. The owners of these parcels are billed by the City to recover the costs of the contractor plus an administrative fee. If the owners do not respond to the billing request, the City is required to place a lien on the property to recover the costs. All of the owners were properly notified of the need to abate weed conditions on their properties and were given ample opportunity to remove the weed themselves prior to the City taking weed abatement action. The lien process requires that a public hearing be held before the City Council to take comments from the property owners with respect to the costs proposed to be assessed against their properties and to confirm those costs. Following the public hearing, the Council must adopt a resolution for the Fiscal Year which: Confirms the cost incurred by the City in performing the weed abatement work. • Provides that the actual abatement costs will become a lien upon the properties, and upon recordation, in the amount of the costs shown on the attached Exhibit "A". Provides that the Resolution will be transmitted to the Riverside County Treasurer-Tax Collector so the amounts of the assessment can be entered upon the parcels as they appear on the assessment rolls and the costs will be collected on the property tax bill. Staff is requesting Council action for the Fiscal Year 2008-2009. With the Council's positive action, staff will forward the adopted Resolution for filing with the Riverside County Treasurer-Tax Collector and for recording with the County Recorder. FISCAL IMPACT: The recording of these liens will enable the Cityto recover abatement costs through the County's property tax collection system. The City will recover the line item budgeted amounts paid out to the weed abatement contractors. Further, the City will recover the administrative fee placed on each parcel that was abated by the City's contractors. The City will recover $60,971.06 for the 08-09 Fiscal Year. ATTACHMENTS: Resolution No. 09- Exhibit "A" Abatement Charges for the Fiscal Year 2008-2009 RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2008-2009 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Chapter 8.16 of the Temecula Municipal Code provides for expedited abatement of hazardous vegetation from vacant lots and parcels. Section 2. Abatement of hazardous vegetation has been completed for each of the parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of abatement and removal of hazardous vegetation on each parcel. Section 3. A hearing was held on July 14, 2049, duly noticed in accordance with the requirements of Chapter 8.16 of the Temecula Municipal Code, concerning the costs of abatement of these parcels at which time the Council heard all objections of property owners liable to be assessed for the costs of abatement. Section 4. The list of parcels and costs of abatement and removal of hazardous vegetation for each parcel is hereby reconfirmed and said costs shall constitute special assessments against the respective parcels of land, and are a lien of said land in the amount of the respective assessments. Section 5. A copy of this resolution shall be transmitted to the Treasurer-Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear in the current assessment roll, and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the Government Code. Section 6. The costs against any parcel of land listed in Exhibit "A" assessed by this resolution and the lien created thereby shall be deemed discharged and released upon the payment for said parcel of the property taxes for the tax year above- noted. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of July, 2009. Maryann Edwards, 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. 09- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14h day of July, 2009, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Resolution No 09- Exhibit "A" Abatement Charges for Fiscal Year 2009-2010 Weed Abatement Cycle Parcel Number Owner of Record Amount 909290001 RIDGE VIEW BUSINESS PARK DEV $254.50 909290003 RIDGE VIEW BUSINESS PARK DEV $254.50 909290004 RIDGE VIEW BUSINESS PARK DEV $254.50 909290005 RIDGE VIEW BUSINESS PARK DEV $254.50 909290006 RIDGE VIEW BUSINESS PARK DEV $254.50 909290007 RIDGE VIEW BUSINESS PARK DEV $254.50 909290008 RIDGE VIEW BUSINESS PARK DEV $254.50 909290009 RIDGE VIEW BUSINESS PARK DEV $254.50 909290010 RIDGE VIEW BUSINESS PARK DEV $254.50 909290011 RIDGE VIEW BUSINESS PARK DEV $254.50 909290012 RIDGE VIEW BUSINESS PARK DEV $254.50 909290013 RIDGE VIEW BUSINESS PARK DEV $254.50 909290014 RIDGE VIEW BUSINESS PARK DEV $254.50 909290017 RIDGE VIEW BUSINESS PARK DEV $34425 909290018 RIDGE VIEW BUSINESS PARK DEV $34425 909290019 RIDGE VIEW BUSINESS PARK DEV $34425 909290023 RIDGE VIEW BUSINESS PARK DEV $254.50 909290035 RIDGE VIEW BUSINESS PARK DEV $34425 909290048 RIDGE VIEW BUSINESS PARK DEV $271.55 909290049 RIDGE VIEW BUSINESS PARK DEV $34425 909290050 RIDGE VIEW BUSINESS PARK DEV $34425 909290054 RIDGE VIEW BUSINESS PARK DEV $254.50 909290055 RIDGE VIEW BUSINESS PARK DEV $254.50 909290056 RIDGE VIEW BUSINESS PARK DEV $254.50 909290057 RIDGE VIEW BUSINESS PARK DEV $254.50 916400025 JONES BLUMENTHAL $523.94 916400029 JONES BLUMENTHAL $658.38 916400028 WINCHESTER HILLS $3,038.00 916400031 WINCHESTER HILLS $2,230.25 916410001 LANDSOU ROE HOLDING CO $1,153.00 919200010 CHACON DAVID $524.50 919251002 CAUGHEY JAMES GREGORY $322.00 920090003 WINCHESTER MEADOWS INV $2,599.00 920182012 COOK CHRISTOPHER $435.00 921242008 BERUMEN THOMAS $277.00 921260030 TOWER PLAZA $658.75 92 1 38 1 009 MURPHYNATHAN $254.50 921433004 MORALES TOMAS ROBERTO $254.50 922052009 DUCHI JOHN R $3,479.80 922053013 RENAISSANCE VENTURES $524.00 922054011 RENAISSANCE VENTURES $299.50 922062005 CASA DEL TEMECULA $322.00 922062010 MUNIZ ANTONIO RAUL $359.00 922110013 NEVADA TRUST CO $793.75 922110014 NEVADA TRUST CO $591.50 922170014 ASSESTS & INVESTMENTS INC $366.75 922170015 ASSESTS & INVESTMENTS INC $411.75 922 1 8001 3 DEUTSCHE BANK NATIONAL TRUST CO $434.25 922190013 EL DORADO HOMES $569.00 940310033 CRYSTAL RIDGE DRIVE $434.25 944060006 CA REZA TEMECULA $1,288.50 Page 1 of 2 Resolution No 09- Exhibit "A" Abatement Charges for Fiscal Year 2009-2010 Weed Abatement Cycle Parcel Number Owner of Record Amount 944370001 944370005 944370006 944370008 944370010 944370013 TEMECULA VILLAGE DEV_ TEMECULA VILLAGE DEV. TEMECULA VILLAGE DEV. TEMECULA VILLAGE DEV. TEMECULA VILLAGE DEV. TEMECULA VILLAGE DEV. $299 50 $299.50 $367.00 $1,693.50 $322.00 $344.50 945070001 GUENTHER ALFRED $434.00 945070003 GUENTHER ALFRED $434.00 945070009 ZAHARONI ISAAC $43425 945080026 945080027 945080028 ANTHONY STEVEN ANTHONY STEVEN ANTHONY STEVEN $389.50 $389.50 $389.50 945110001 AHMAD FAROOO $479.00 945110005 INGRAM GARY $434.00 945110013 RIOS GEORGE $344.25 945150011 TPMC SERVICES $839.00 945170005 HADDAD MICHAEL $52425 957090012 HIRINA MARLAN $356.82 957120005 MULLHOLLAND LAND CO $1,06225 957130017 SIMON TODD $357.71 957130020 GROPP THOMAS $434.00 957130022 TURGEONJOSEPH $613.50 957150001 957150002 957150003 957150016 SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON $658.00 $703.50 $703.50 $613.75 957170022 CHASE HOME FINANCE $974.00 957170029 GORHAM ROBERT JAMES $434.00 957170037 J & L PROPERTIES $1,217.50 957190001 DAVIS BARBARA $1,017.50 957531008 BAC HOME LOANS SERVICING $254.50 957540013 MANIPON HEIDE $254.50 957540017 BACANI RENATO $254.50 957552009 KADAKIA CHETAN $254.50 957661010 VALDEMOSA HOMEOWNERS ASSOC. $857.50 959040020 MC GLYNN MARIA $704.25 959080022 UNITED COMMERCIAL BANK $4,200.00 961290002 PARKER 215 GENERAL $366.75 961450012 961450013 TEMECULA SENIOR LIVING TEMECULA SENIOR LIVING $523.75 $434.00 965220008 965220010 CROWNE HILL RESERVE 28 CROWNE HILL RESERVE 28 $658.87 $749.12 965220013 BANK OF AMERICA $749.12 965220022 965220023 965220025 965220026 965220029 CROWNE HILL RESERVE 28 CROWNE HILL RESERVE 28 CROWNE HILL RESERVE 28 CROWNE HILL RESERVE 28 CROWNE HILL RESERVE 28 $577.50 $555.00 $510.00 $510.00 $704.25 965380007 PCC III CROWNE HILL $568.75 Total $60,971.06 Page 2 of 2 ITEM NO. 17 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: July 14, 2009 SUBJECT: Planning Application Number LR08-0019, a proposed Heritage Tree Ordinance, adding new Chapter 8.48 to Title 8 of the Municipal Code RECOMMENDATION: That the City Council Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE OF THE CITY OF TEMECULA SUMMARY OF ORDINANCE: The Ordinance adds new Chapter 8.48 to Title 8 of the Temecula Municipal Code, pertaining to the designation and protection of certain trees to be characterized as heritage trees. The purpose of the Ordinance is to protect and preserve certain species of trees, as well as other trees of significance to the City of Temecula. The Ordinance establishes which species are heritage trees and the process through which additional trees may be nominated for protective heritage tree status. The Ordinance additionally establishes regulations, standards and procedures for the cutting, removal, relocation or encroachment upon heritage trees through a permit process, as well as exemptions from the permit process. The Ordinance establishes civil and criminal penalties and provides that a violation of the Ordinance is a public nuisance. BACKGROUND: On March 24, 2009, the draft Ordinance was presented to the City Council for consideration. While there was general consensus among the City Council members that trees should be preserved, the City Council requested a continuance for staff to address the following information and changes to the Ordinance: Public Notice - To address the potential impacts on property owners, staff and the City's consulting landscape architect created maps identifying parcel sizes of at least five acres and then reviewed the most recent aerial photographs to determine if there were large trees on those properties. Field visits were then conducted on those properties to determine if candidate heritage trees were present. Heritage trees were found in 11 areas and the owners of these properties were sent public hearing notices via Certified Mail. Tract Maps - Addressing the concern of applicability to tract maps, Section 8.48.120 A.1. was added to state that the Ordinance will not apply to statutory extensions of time. Also, Section 8.48.120A.2. was added to state that the Ordinance will not apply to existing and future specific plan areas as such plans will contain their own requirements for the protection and preservation of heritage trees. Costs/Fees - Application submittals already require that conceptual landscape plans include an inventory of existing trees on site. No new applicant fees will be created because of this proposed Ordinance. Community Development processing and permit fees will utilize the existing User Fee structure. Mitigation - The costs of mitigation for lawful removal or relocation under Section 8.48.230 C. can vary. Appropriate mitigation shall be determined by the City Planner, or the final decision maker, and the type of mitigation selected shall not be subject to the preference of the applicant. Approximate costs for each mitigation measure are as follows: • 8.48.230 C. 1. - Relocating a heritage tree can vary from $10,000 to $75,000 per tree depending on the size of the tree; • 8.48.230 C. 2. - Replacing a heritage tree with a like tree can varyfrom $20,000 pertree (12- inch diameter) to $44,500 per tree (18-inch diameter) or more for larger diameter trees; • 8.48.230 C. 3. - Replacing a heritage tree with two 48" box trees will cost approximately $5,000 for each removed heritage tree; • 8.48.230 C. 4. - The cost of maintenance is negligible if following the Heritage Tree Preservation and Protection Guidelines. The cost of an independently prepared maintenance plan is unknown and will vary from project to project; • 8.48.230 C. 5. - Paying an in-lieu fee can vary considerably depending on the diameter of the tree. At a rate averaging $175 per square inch of cross-sectional trunk area measured at four feet above grade, an in-lieu fee per removed heritage tree can varyfrom $20,000 (12- inch diameter) to $178,000 (36-inch diameter) or more for larger diameter trees. General Location/Impacted Properties - Staff identified 14 property owners in 11 areas where heritage trees were found (Heritage Tree Grove Areas - Attachment 2). Of these areas, four are protected by the Open Space land use designation or the underlying conditions of approval for the project. The Ordinance will apply to and may have some minor impacts on another two areas located within the Hillside Residential land use category west of Interstate 15 and south of First Street. These two areas are viewed as unlikely to develop as they are presently co-owned by the State of California. Five areas have the potential to be impacted by this Ordinance, including three owned by the Temecula Creek Inn, one area that is commonly referred to as the Firestone propertyand one area located along the east side of Ynez Road, south of Rancho Vista Way. Staff has met with representatives of Temecula Creek Inn (TCI) regarding the proposed Ordinance. TCI is currently processing a Specific Plan application for their property. TCI and the owners of the Firestone property are aware of a provision that will exempt them from the Ordinance if a Specific Plan is prepared which includes a preservation and protection plan for heritage trees found on-site. The area along Ynez Road is not likely to be impacted by the Ordinance because development approvals for the area in question would require approval by state of California resource agencies. Penalties - Remedies for the unlawful removal of a heritage tree are cumulative and may include nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Furthermore, the City may seek restitution in the form of physical replacement of damaged or destroyed trees at a 2:1 ratio of like size and species, or the City may determine that payment shall be made in lieu of restitution. Such payment shall include the cost of procuring, transporting, planting, establishing and maintaining two replacement trees for each damaged or destroyed tree for the life of the project. Additional proposed revisions - A definition for "Heritage Tree Grove" areas was added to Section 8.48.130. Subject to Section 8.48.150, the recommended diameter for oak trees has been increased to 18 inches and the recommended diameter for all other designated species of heritage trees is 12 inches. The change in diameter for designated species is based on the recommendation of the City's consulting landscape architect. Subject to Section 8.48.230 C., the mitigation for the lawful removal or relocation of a heritage tree shall be at a 1:1 ratio. The previous version required mitigation at a 2:1 ratio. Subject to Section 8.48.320 A. 2., in-lieu payments shall now include the cost of transporting the replacement trees to the site and maintaining them forthe life of the project. Also, provisions for the maintenance and care of Heritage Trees in recreational or resort properties have been included in the revised Ordinance. ENVIRONMENTAL DETERMINATION: Ordinance No. 09- (Heritage Tree Ordinance) is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. Staff prepared an Initial Study to support findings that the Ordinance will have no adverse environmental affects because it will protect and preserve significant trees within the City of Temecula. FISCAL IMPACT: When Heritage Trees are found, the property owner will be required to adhere to the Heritage Tree Preservation and Protection Guidelines, or may hire a certified arborist to prepare an independent Preservation and Protection Plan. Pruning, relocating or removing a Heritage Tree will require an Administrative Review for Planning Department Only, which is presently $155.00. Heritage Tree nominations will be subject to the same Administrative Review. Owners of Heritage Trees will be required to record covenants to protect them. Such recordation costs are estimated to be $20.00 per tree and are payable to the Riverside County Recorder's Office. The City shall pay the cost for City initiated nominations. ATTACHMENTS: Draft CC Ordinance Heritage Tree Preservation and Protection Guidelines Notice of Public Hearing ORDINANCE NO. - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER 8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO TITLE 8 (HEALTH AND SAFETY) OF THE TEMECULA MUNICIPAL CODE The City Council of the City of Temecula, does ordain as follows: Section 1. Title 8, "Health and Safety," of the Temecula Municipal Code is hereby amended by the addition of a new Chapter 8.48, to read as follows: "CHAPTER 8.48 HERITAGE TREE ORDINANCE Article 1 General Provisions 8.48.100 Title 8.48.110 Purpose 8.48.120 Applicability 8.48.130 Definitions 8.48.140 Heritage Tree Preservation and Protection Guidelines 8.48.150 Heritage Tree Preservation and Protection Plan 8.48.160 Designation of Heritage Trees 8.48.170 Non-Liability of City 8.48.100 Title This chapter shall be known as "The City of Temecula Heritage Tree Ordinance" and is referred to herein as the "Ordinance." 8.48.110 Purpose The purpose of this Ordinance is to protect and preserve Oak, California Bay Laurel, California Black Walnut, California Holly, and California Sycamore trees as well as other trees of special significance to the community; and to justify special efforts to preserve and protect them from development activity. This Ordinance will also encourage the application of management techniques to control the pruning, cutting, shaping, removal, and relocation of Heritage Trees within the City. The preservation program outlined in this Ordinance will contribute to the welfare and aesthetics of the community and retain the great historical and environmental value of these trees. 8.48.120 Applicability Except as noted under paragraph A of this Section, this Ordinance shall apply to: (a) any development application for parcels larger than five (5) acres in size that requires a discretionary permit; (b) any tree designated as a Heritage Tree through the nomination process, or; (c) designated species pursuant to Section 8.48.160.A., located within General Plan Open Space areas, within riparian areas, within Western Riverside County Multi-Species Habitat Conservation Plan Important Wildlife Corridor Linkage areas, or within Heritage Tree Grove areas. A. The Heritage Tree Ordinance shall not apply to: 1. Statutory extensions of time for previously approved parcel and tract maps when there are no changes to the project and no amendments to the adopted conditions of approval. 2. Previously adopted Specific Plans and future Specific Plan Areas. Such plans contain their own requirements for protection and preservation of Heritage Trees. 8.48.130 Definitions For purposes of this Ordinance, the following words and phrases shall have the meaning set forth in this Section. "Certified Arborist" means an arborist who is registered with the International Society of Arboriculture and approved by the Planning Director. "City" means the City of Temecula. "Cutting" means the detaching or separating, from a protected tree, any limb, branch, or root. Cutting shall include pruning. "Damage" means any unpermitted action, including, but not limited to, cutting, poisoning, over watering, removal, relocation, transplanting, trenching, excavating, or paving within the protected zone of a tree, that causes the injury, death, or disfigurement of a Heritage Tree. "Discretionary Permit" means an application for new construction that requires the exercise of judgment or deliberation or decision on the part of the decision-making authority in the process of approving or disapproving a particular activity, as distinguished from situations where the decision-making authority merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Disfigurement" means the unsightly and injurious cutting of a Heritage Tree, including, but not limited to tree-trimming practices not in conformance with standards established by the International Society of Arboriculture and pruning practices such as 2 stubbing, heading, heading back, stubbing off, pollarding, tipping, topping off, de- horning, lopping, and rounding. "Deadwood" means limbs, branches, or a portion of a tree that contains no green leaves during a time of year when they would be present on a healthy tree of that type. "Development" means the improvement or use of real property that requires the City's discretionary review and approval. "Drip line" means the outermost edge of the tree canopy, which when depicted on a map, will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. "Encroachment" means any intrusion into or human activity within the protected zone of a Heritage Tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. "Licensed Landscape Architect" shall mean an individual who holds a professional license to practice landscape architecture, as defined under Business and Professions Code section (BPC) 5615, or is licensed by the State of California Landscape Architects Technical Committee (the licensing and regulatory agency for the practice of landscape architecture in California). "Heritage Tree" means a tree designated as a Heritage Tree pursuant to Section 8.48.160 of this Ordinance. "Heritage Tree Grove" means a location confirmed by site visit or other empirical evidence that is known to contain multiple Heritage Trees. Such Heritage Tree Grove areas may occupy portions of one or more parcels, the location(s) of which shall be indicated on maps maintained by the Planning Department. "Heritage Tree Preservation and Protection Guidelines" means the collection of administrative rules, procedures, and requirements prepared and published by the Planning Director pursuant to Section 8.48.140 of this Ordinance. "Oak Tree" means any oak tree of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata). "Owner" means a legal owner of real property within the City of Temecula or any lessee of the owner. "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. 3 "Planning Director" means the City's Planning Director, or his or her designee. "Protected zone" means the area extending horizontally outward from the trunk of a Heritage Tree to a point five (5) feet beyond the drip line but in no case extending less than fifteen (15) feet from the trunk. "Pruning" means the removal of water sprouts, crossed limbs, or other unhealthy branching structure in accordance with standards established by the International Society of Arboriculture. "Relocation" means the transplanting of a tree from its original location to another suitable location. "Removal" means the physical removal of a tree or causing the death of a tree through damaging, poisoning, or other direct or indirect action. "Right-of-Way" means any dedicated street right-of-way, or recorded easement for maintenance or utility purposes. "Routine maintenance" means actions needed for the continued good health of a Heritage Tree including, but not limited to, removal of deadwood, insect control spraying, and watering. "Special District" means an agency having a Board of Directors that is voted in by the public, such as a school district or water district. "Tree Canopy" means the top layer or crown of mature trees. 8.48.140 Heritage Tree Preservation and Protection Guidelines The City shall formulate and publish "The City of Temecula Heritage Tree Preservation and Protection Guidelines." The Planning Commission shall have the authority to change, update, or revise the Guidelines as necessary in order to implement the provisions of this Ordinance. 8.48.150 Heritage Tree Preservation and Protection Plan Upon submittal of an application for a discretionary permit on parcels larger than five acres, the Applicant shall also submit a tree inventory as part of the required conceptual landscape plans which shall list and identify all trees located within the proposed project site. Such tree inventory shall identify all trees by their common and scientific names and location on the site. If Heritage Trees are identified on site, the Applicant shall adhere to the preservation standards contained in the Heritage Tree Preservation and Protection Guidelines, or may hire a certified arborist or a licensed landscape architect to prepare a Heritage Tree Preservation and Protection Plan for each potential Heritage Tree to protect them during grading and construction activities and for the life of the project. 4 8.48.160 Designation of Heritage Trees A. Designated Species. Any specimen of the following species that has been identified in a tree inventory in connection with the submittal of an application for a discretionary permit and has reached the required diameter is a Heritage Tree: 1. Oak Trees of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata) more than eighteen (18) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 2. Platanus racemosa, (California Sycamore) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 3. Umbellularia californica, (California Bay Laurel) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 4. Juglans californica, (California Black Walnut) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 5. Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 6. Trees of the above listed species with multiple trunks are deemed to have reached the required diameter if the sum of the diameters of the multiple trunks exceeds the diameter required for a single trunk tree by two (2) inches. B. Designated Areas. For purposes of this Ordinance, designated species pursuant to Section 8.48.160.A. and located within the following areas are determined to be Heritage Trees: 1. General Plan Land Use Map Open Space areas. 2. Riparian areas. 3. Western Riverside County Multi-Species Habitat Conservation Plan Important Wildlife Corridor Linkage areas. 4. Heritage Tree Grove areas identified by the City of Temecula and shown on exhibits maintained by the Planning Department. C. Designation of Heritage Trees Through Nomination. 5 1. Public initiated nominations. Upon the submission of a Heritage Tree nomination application by any member of the public, the Planning Commission may, after holding a noticed public hearing, designate any tree, regardless of species or location, as a Heritage tree if the Owner of the subject tree supports the application and the Planning Commission determines the tree should be preserved and protected due to one or more of the following criteria: a. Rarity. The nominated tree is an unusual species in Temecula, California, or North America. b. Size. The nominated tree is of notable size, height, diameter, or canopy width compared to other trees of the same species. c. Age. The nominated tree is of significantly advanced known or estimated age for its species. d. Historical association. The nominated tree is related to a historic or cultural building, site, street, person or event. e. Ethnic appreciation. The nominated tree is of particular value to certain ethnic groups in the neighborhood or the City. f. Neighborhood appreciation. The nominated tree is supported by multiple indicators including but not limited to letters of support, petition, outdoor gatherings and celebrations adjacent or related to the tree. g. Planting defines neighborhood character. The nominated tree defines or contributes to the neighborhood aesthetic. h. Profiled in a publication or other media. The nominated tree has received print, internet, and or video media coverage. i. High traffic area. The nominated tree has a high level of visibility and or a possible traffic calming effect. j. Low tree density. The nominated tree exists in a neighborhood with few trees. k. Extends between multiple properties. The nominated tree has a high level of visibility and provides benefits to two or more adjacent properties. 1. Accessible from public right-of-way. The nominated tree possesses high visibility and provides benefits to the general public. 6 m. Important wildlife habitat. The nominated tree provides or potentially provides source of shelter and or food for wildlife. n. Interdependent group of trees. The nominated tree is part of a supercanopy and removal may have an adverse impact on adjacent trees. o. Erosion control. The nominated tree contributes to soil stability and prevents erosion. p. Wind or sound barrier. The nominated tree reduces wind speed or deflects wind, and or mitigates undesirable noise. q. Prominent landscape feature. The nominated tree is a striking and outstanding natural feature. r. Character defining form. The nominated tree is an example of good form for its particular species. s. Tree Condition. The condition of the nominated tree shall be a factor in determining its status for protection as a Heritage Tree. 2. City initiated nominations. The City, in exercising its police powers, may designate any tree in the City of Temecula as a Heritage Tree, regardless of species or size. Any City initiated Heritage Tree nomination application shall be subject to the same noticed public hearing of the Planning Commission as detailed in section 8.48.160.C.1, except that there shall be no application fee and the Property Owner's consent shall not be required. The Property Owner shall be notified of the public hearing and will have the opportunity to speak in favor of or against the nomination. A City initiated Heritage Tree nomination application shall be approved only if the decision maker determines that: (i) the tree should be preserved and protected due to its age, size, rarity, location or appearance; or (ii) the tree is determined to be historically significant. A tree shall be deemed historically significant if any of the following findings can be made: a. The tree is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; b. The tree is associated with the lives of persons important in our past; c. The tree embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or d. The tree has yielded, or may be likely to yield, information important in prehistory or history. 7 D. The Planning Commission or City Council, may, when reviewing a development application, designate any tree on the site of the proposed development, regardless of species, as a Heritage tree if it determines the tree should be preserved and protected as a condition of development due to its age, size, rarity, location or appearance. Any Heritage Tree so designated shall continue to be a Heritage Tree for purposes of this Ordinance regardless of whether the approved development is ever initiated. E. Any tree planted as a replacement for a Heritage Tree pursuant to this Ordinance shall constitute a Heritage Tree. F. Any tree designated as a Heritage Tree shall cause the Applicant/Owner to record with the Riverside County Clerk and Recorder's Office a covenant and/or a Notice of Condition Affecting Real Property to protect the tree from future ground disturbing activities. G. If a tree is designated as a Heritage Tree under Section 8.48.160.C.2, the City shall pay the recordation fees. 8.48.170 Non-Liability of City Nothing in this Ordinance shall be construed to impose any liability for damages or a duty of care and maintenance upon the City or its officers, employees, agents, or volunteers. Article 2 Cutting, Removal, Relocation, or Encroachment Upon Heritage Trees 8.48.200 Heritage Tree Maintenance and Preservation 8.48.210 Permit Requirement and Exceptions 8.48.220 Permit Application and Review 8.48.230 Standards of Approval 8.48.200 Heritage Tree Maintenance and Preservation A. All owners of real property on which a Heritage Tree is located and that is improved, approved for development, or part of or associated with the approved development of another piece of property, including but not limited to property required to be maintained as permanent open space or for recreational purposes, shall maintain such Heritage Trees in a state of good health. Failure to do so will constitute a violation of this Ordinance. B. Recreational and resort uses may prune, cut, plant, encroach upon, or relocate Heritage Trees, and or modify irrigation systems in a manner consistent with 8 the normal and accepted industry business practices to maintain the property in good condition to support its use, provided such activities are consistent with the Heritage Tree Preservation and Protection Guidelines. Heritage Trees may be removed from such uses after providing the City of Temecula 48 hours prior notice to allow the City an opportunity to evaluate the tree(s) in question. C. Damaging a Heritage Tree is prohibited. Each action that damages a Heritage Tree shall be a separate violation. 8.48.210 Permit Requirement and Exceptions A. Except as allowed under paragraph B of this Section, no person shall cut, remove, or relocate a Heritage Tree, or encroach into the protected zone of any Heritage Tree without first obtaining a Heritage Tree Removal or Relocation Permit from the City in accordance with the provisions of this Ordinance. B. A Heritage Tree may not be cut, removed, relocated, or encroached upon without a Heritage Tree Removal or Relocation Permit, except under the following circumstances: 1. Pruning and routine maintenance 2. The tree has been determined by a licensed landscape architect to be irreparably diseased or dead. 3. A peace officer, fireman, civil defense official, or code enforcement officer has determined in his or her official capacity that the tree poses an imminent danger to the public or to property, in which case the tree may be cut, removed, relocated, or encroached upon only to the extent necessary to avoid the danger presented. The Planning Department shall be promptly noticed of the nature of the emergency and action taken. 4. Fire Department personnel actively engaged in fighting a fire have determined that removal of the tree is necessary to their firefighting efforts. 5. The tree is less than ten (10) inches in diameter and is held for sale by a licensed nursery. 6. City staff has determined it is necessary to cut, remove, relocate, or encroach upon the tree to prepare a site or undertake an approved capital improvement project that has received environmental clearances under the California Environmental Quality Act. 7. The Director of Public Works or the City Traffic Engineer has directed the cutting, removal, relocation, or encroachment in order to: (i) maintain public rights-of-way or adequate line-of-sight distances; and (ii) construct improvements within existing or proposed General Plan Circulation Element rights-of-way, adjacent slopes, and appurtenances. 9 8. Cutting, removal, relocation, or encroachment is required to widen a Principal Intersection to accommodate additional dedicated turning lanes in accordance with adopted goals, objectives and policies contained in the General Plan Circulation Element. 9. Cutting, removal, relocation, or encroachment occurs as part of construction or maintenance activities for facilities owned or operated by or for a public agency, special district, or a utility company under the jurisdiction of the public utilities commission. 10. Recreational and resort uses shall not be required to obtain permits for cutting, removal, relocation, or encroachment of or on Heritage Trees when such activities are necessary subject to Section 8.48.200 B. 8.48.220 Permit Application and Review A. An applicant for a Heritage Tree Removal or Relocation Permit shall submit an application on a form designated by the Planning Director and pay the appropriate filing fee as set by Council resolution. B. If an application for a Heritage Tree Removal or Relocation Permit pertains to five (5) or fewer trees located on a single parcel, the Planning Director shall review the application and approve, deny, or conditionally approve the request. The Planning Director's decision may be appealed to the Planning Commission, which may uphold, modify, or reverse the decision of the Planning Director. C. The Planning Commission shall review all applications for a Heritage Tree Removal or Relocation Permit not reviewed in the first instance by the Planning Director. The Planning Commission shall approve, deny, or conditionally approve the request. The Planning Commission's review shall be consolidated with its consideration of all other entitlement applications for the property, if any. D. All decisions of the Planning Commission pursuant to this Ordinance may be appealed to the City Council in accordance with Chapter 2.36 of the Temecula Municipal Code. 8.48.230 Standards of Approval A. An application for a Heritage Tree Removal or Relocation Permit may be approved only if the decision-maker finds and determines that the requested cutting, removal, relocation, or encroachment is necessary to: 1. Maintain or aid the health, balance, or structure of the Heritage Tree; 2. Protect life or property from a danger posed by the Heritage Tree that cannot be reduced or eliminated by use of reasonable preservation and/or preventative procedures and practices; or 10 3. Enable the reasonable and conforming use of the property, which is otherwise prevented by the presence of the tree. B. When deciding whether to approve, deny, or conditionally approve a Heritage Tree Removal or Relocation Permit, the decision maker may consider the following factors: 1. Whether a public purpose is being provided by the issuance of the permit or if the removal is primarily to facilitate private development; 2. The overall condition, species, approximate age, size and general health of the Heritage Tree(s) to be removed; 3. A certified arborist's or licensed landscape architect's report on the likelihood for survival of any Heritage Tree(s) to be relocated; 4. The species, size and number of replacement tree(s) being provided as mitigation; and 5. Other factors as appropriate, in accordance with a certified arborist's or licensed landscape architect's report. C. The decision maker may impose conditions to offset or mitigate the requested cutting, removal, relocation, or encroachment, including, but not limited to, any of the following: 1. The relocation of the subject tree to another location on-site or off- site 2. The on-site or off-site planting of one (1) replacement tree of the same or similar species, having the approximate size, age and health as the Heritage Trees for every one (1) Heritage Tree removed; 3. The on-site or off-site planting of two (2) 48-inch box trees of the same species as the removed Heritage Tree for every one (1) Heritage Tree removed when it is not feasible to meet the requirements of Section 8.48.230.C.2.; 4. The initiation of an objectively observable maintenance and care program in accordance with a certified arborist's or licensed landscape architect's report to insure the continued health and care of Heritage Trees on the property; 5. Payment of a fee equal to the cost of procuring, planting, establishing, and maintaining one (1) replacement tree for every one (1) Heritage Tree removed, which cost shall be based on the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Such payments shall be used solely to fund the cost of replacing trees that have been removed. 11 Article 3 Violations and Enforcement 8.48.300 Violations 8.48.310 Remedies 8.48.320 Restitution 8.48.330 Collection of Penalties 8.48.300 Violations A. Violations of this ordinance are subject to criminal misdemeanor penalties and civil penalties pursuant to Chapters 1.21 and 1.24, respectively, of the Temecula Municipal Code. B. Intimidating, harassing, or otherwise retaliating against any person who seeks to attain compliance with this Ordinance is prohibited. C. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Ordinance is prohibited. D. A violation of this chapter is declared to be a public nuisance. 8.48.310 Remedies A. The remedies provided by this Ordinance are cumulative and in addition to any other remedies available at law or in equity. The City may seek to remedy any violation of this Ordinance by a civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. B. If a violation occurs during development, the City may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and the issuance of Certificates of Occupancy) until a Mitigation Plan has been prepared by a certified arborist or a licensed landscape architect, filed by the developer and approved by the Planning Director. C. If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval is pending for the property upon which the tree is located, the Planning Director may: (1) issue a stop work order halting all activity on the parcel; or (2) request the City Council issue a temporary moratorium on development of the subject property pursuant to law if the violation is found to be the result of willful misconduct. The purpose of this stop of activity shall be to provide the City an opportunity to determine appropriate mitigation measures, if any, for the tree removal and to ensure such measures are incorporated into any future or 12 pending development approvals for the property. Mitigation measures may be imposed as a condition of any subsequent permits for development on the subject property. 8.48.320 Restitution A. In addition to any other remedy or penalty provided for by the Ordinance, the City may seek restitution from any person who damages, removes, or relocates a Heritage Tree in violation of this Ordinance in the form of replacement of the Heritage Tree so removed or damaged or a fine in lieu of restitution. The decision maker shall determine the form of restitution required. 1. If the decision maker determines that restitution should be made in the form of a replacement of the Heritage Trees removed or damaged, the replacement trees shall be the same or similar species of tree, having the approximate size, age and health as the tree(s) damaged or destroyed, at a ratio of two (2) new replacement trees for every one (1) damaged or destroyed tree. The location of such plantings shall be determined by the decision maker; 2. If the decision maker determines that payment should be made in lieu of restitution, the payment required shall include but is not limited to, the costs of procuring, transporting, planting, establishing, and maintaining replacement trees for the life of the project at a ratio of two (2) new replacement trees for every one (1) damaged or destroyed tree. The cost of the replacement trees shall be based on the actual replacement cost for the damaged Heritage Tree or the latest edition of either the "Guide for Plant Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of Amenity Trees" of the International Society of Arboriculture. Payments made in lieu of restitution shall be used solely to fund the cost of replacing trees that have been damaged or removed in violation of this Ordinance. B. If the size of a Heritage Tree cannot be determined due to its unauthorized removal, the size shall be determined by measuring the stump that remains, anecdotal evidence, or interpolated from photographs or adjacent trees. The decision maker shall presume that a missing Heritage Tree was in perfect health, unless the photographs or other verifiable evidence demonstrates otherwise. 8.48.330 Collection of Penalties A. Fines and payments in lieu of restitution for violation of this Ordinance are payable at the City's Finance/Cashier office. Fines must be paid within thirty (30) business days of the citation date. The City's Finance Department is authorized to collect all unpaid civil fines. B. Any unpaid costs or penalties, or payments in lieu of restitution imposed pursuant to this Ordinance shall constitute a special assessment against the real property upon which a violation of this Ordinance has occurred. All costs and/or fines shall be itemized in a written report of assessment. The Planning Director shall cause a copy of the report and assessment to be served on the owner of the property not less than five days prior to the time fixed for confirmation of the assessment. Service may 13 be made by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the County of Riverside and depositing the same in the United States mail. Service shall be deemed complete at the time of mailing. C. A copy of the report of assessment shall be posted in the City Clerk's office on the bulletin board designated for the posting of agendas, not less than three days prior to the time when the report shall be submitted to the City Council. The City Council shall hear the report, together with any objections by the property owner. After the assessment is made and confirmed by the City Council, it shall be a lien on said property. The lien shall be turned over to the Riverside County Tax Collector, where it shall be levied on the next regular property tax bills for said property, and collected at the same time and in the same manner as other municipal taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other municipal taxes. Section 2. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 3. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted in the manner prescribed by law. 14 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , , and that thereafter, said Ordinance was duly 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 15 CITY OF TEMECULA HERITAGE TREE PRESER VA TION AND PROTECTION GUIDELINES ■ Approved 2009 HERITAGE TREE PRESERVATION AND PROTECTION GUIDELINES TABLE OF CONTENTS INTRODUCTION 3 Section 1.0 GENERAL PROVISIONS 1.1 Heritage Tree Preservation and Protection Guidelines 4 1.2 Purpose .............................................................................................................4 1.3 Adoption and Revisions 4 1.4 Criteria for Determination of Heritage Trees 4 Section 2.0 LAND DEVELOPMENT AND HERITAGE TREES 2.1 Pre-Construction ....................6 2.2 Activities During Construction 6 2.3 Grading, Soil Compaction and Root Protection 6 2.4 Trenching, Excavation and Equipment Use 7 2.5 Tunneling and Directional Drilling 7 2.6 Root Cutting 8 2.7 Maintenance of Heritage Trees During Construction 8 2.8 Tree Removal or Relocation 9 2.9 Tree Removal or Relocation Permit Required 9 2.10 Exceptions ...................9 Section 3.0 TREE PRESERVATION AND PROTECTION PLAN 3.1 Standard Plan Requirements 10 3.2 Site Plan 10 3.3 Photographs ....................................12 3.4 General Information 12 Section 4.0 DEFINITIONS 14 Section 5.0 5.1 5.2 5.2 HERITAGE TREE INVENTORY LISTING Heritage Tree Inventory 17 Sensitive and Protected Areas 17 Heritage Tree Nomination Process 17 APPENDICES A. B. C. D. E. Heritage Tree Location Maps Riparian Areas Important Wildlife Movement Corridors Heritage Tree Removal or Relocation Permit Application Heritage Tree Nomination Form 2 CITY OF TEMECULA HERITAGE TREE PRESERVATION AND PROTECTION GUIDELINES INTRODUCTION The City of Temecula lies within a unique area of Riverside County, the beauty and welfare of which is greatly enhanced by the presence of several species of native and non-native trees of significant size and quality that contribute in a positive way to our community's environment and heritage. Sustaining our "Heritage Trees" in such a rapidly developing area presents a challenge that requires careful planning and attentive maintenance. Land Development is a complex process and is even more challenging when trees are involved, and construction activity is one of the greatest causes of decline and death to Heritage Trees within the City. Tree protection should not begin subsequent to construction. If preservation measures are delayed or ignored until construction begins, the trees may be destined to fail. Successful tree preservation occurs when construction impacts to trees are minimized or avoided altogether. The challenge is to determine when impacts will be too severe for the tree to survive, not only in the short term but also in the long term. Although there are not quantitative methods to calculate these impacts, the following Heritage Tree Preservation and Protection Guidelines have been prepared to provide guidelines that enhance the protection of Heritage Trees from preventable damage from vandalism and land development activities. By assuring preservation and protection through regulation and standards of care, our Heritage Trees will continue to add to the unique character of the City of Temecula and its Urban Forest. 3 SECTION 1.0 GENERAL PROVISIONS 1.1 Heritage Tree Preservation and Protection Guidelines The Heritage Tree Preservation and Protection Guidelines ("Guidelines") are to be used in conjunction with the City of Temecula Heritage Tree Ordinance ("Ordinance"). These Guidelines are intended to provide a baseline methodology for certified arborists and licensed landscape architects when preparing Preservation and Protection Plans in conjunction with the submittal of a discretionary permit application and must be applied in conjunction with the provisions of the Ordinance. In the instance of a conflict, the Ordinance shall control. 1.2 Purpose The purpose of these Guidelines is to assist users of the Ordinance by supplementing it with detailed information regarding policies, procedures, interpretations, standard requirements, and other information applicable to the preparation of a Preservation and Protection Plan for Heritage Trees. These Guidelines are not intended to be a "one- size-fits-all" document, but rather the expert opinion of a certified arborist or a licensed landscape architect as to the use of best management practices for Heritage Tree preservation and protection shall be applied. 1.3 Adoption and Revisions The Planning Commission shall have the authority to change, update or revise the Guidelines as necessary in order to implement the provisions of the Guidelines. In the event of any conflict between the Ordinance and the Guidelines, the Ordinance shall govern. The provisions of the Guidelines, to the extent they are made conditions of a permit issued by the City, shall be binding. All revisions to the Guidelines shall be reviewed and approved by the Planning Commission and take effect immediately upon approval. 1.4 Criteria for Determination of Heritage Trees Factors considered in determining if a tree qualifies as a "Heritage Tree" are the age, size, species, location, rarity and appearance of the tree. If any of the following trees are located within the General Plan Land Use Map Open Space Areas, Riparian areas, or Western Riverside County Multi-Species Habitat Conservation Plan Important Wildlife Corridor Linkage Areas, or identified on exhibits maintained by the City, they shall be determined as Heritage Trees: Oak Trees of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata) more than eighteen (18) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 4 2. Platanus racemosa, (California Sycamore) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 3. Umbellularia californica, (California Bay Laurel) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 4. Juglans californica, (California Black Walnut) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. 5. Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon) more than twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. Trees of the above listed species with multiple trunks are deemed to have reached the required diameter if the sum of the diameters of the multiple trunks exceeds the diameter required for a single trunk tree by two (2) inches. Notwithstanding the preceding, each of the following is determined to be a Heritage tree: A tree or trees planted as a replacement for a Heritage Tree. 2. A tree or trees designated by the Planning Commission and/or City Council to be protected in place by the existing or underlying Conditions of Approval for an approved land use entitlement. 3. Any tree or trees designated by the Planning Commission, City Council or by the Public through the approval of a Heritage Tree Nomination Application. SECTION 2.0 LAND DEVELOPMENT AND HERITAGE TREES 2.1 Pre-Construction A. Tree Preservation and Protection Plan. If it is determined that a Heritage Tree exists on property to be developed, the Planning Director will require a site specific Tree Preservation and Protection Plan and an evaluation pursuant to the California Environmental Quality Act ("CEQA"), to affect the purpose of these Guidelines. (Please refer to the submittal requirements identified in Section 3.0, "Tree Preservation and Protection Plan" of these Guidelines.) B. Pre-Construction Meeting. The Planning Director, or their representative, may require an on-site pre-construction meeting with the contractor and/or applicant to discuss tree protection with the site supervisor, grading equipment contractors and demolition crews to assure that everyone fully understands the procedures and tree protective measures concerning the project site, staging areas, haul routes, watering, contacts, etc. C. Site Inspections. In addition, the Planning Director may require inspection by City staff to verify placement of protective fencing and approval of materials prior to commencement of construction. In addition, periodic inspections will be conducted to verify adherence to the tree protection measures during the on- going construction process. 2.2 Activities During Construction Soil disturbance or other damaging activities within the Tree Protection Zone is prohibited unless approved by a certified arborist or a licensed landscape architect to the satisfaction of the Planning Director. 2.3 Grading, Soil Compaction and Root Protection The greatest increase in soil density occurs during the first few equipment passes over the soil. To dispense traffic weight, mulch and temporary root buffers can be used. The following guidelines can help to lessen compaction: A. Do not park vehicles or equipment, store building materials, refuse, or excavated soils, or dump poisonous materials on or around trees and roots. (Poisonous materials include, but are not limited to, paint, petroleum, concrete, stucco mix, dirty water or any material that may be harmful to the tree.) B. Do not compact soil to higher density than required in improved areas for asphalt or concrete pavements, and not to exceed 85% density in unimproved landscape areas. C. Grade changes within the Tree Protection Zone are not permitted. At no time during or after construction should soil be in contact with the trunk of the tree above the basal flair. 6 D. Grade changes outside of the Tree Protection Zone shall not significantly alter drainage. 2.4 Trenching, Excavation and Equipment Use A. Trenching, excavation or boring within the Tree Protection Zone shall be limited to activities approved by a certified arborist or a licensed landscape architect. Alternatives should be explored for trenching outside the root zone. B. Avoid exposing roots during hot weather. Backfill trenches as soon as possible with soil and soak with water the same day. Small roots can die in 10 to 15 minutes and large roots may not survive an hour of exposure. If the trench must be left open all roots must be kept moist by wrapping them in peat moss and burlap. C. If trenching is unavoidable, the following minimum distances shall be maintained: TRUNK DIAMETER measured 4 feet above natural grade) MINIMUM' DISTANCE FROM BOTH SIDES OF TRUNK* Oak Tree, 18 inches or more 5 feet beyond (away from California Sycamore, 12 inches or more trunk) the drip line of the tree California Bay Laurel, 12 inches or more or 15 feet away from the California Black Walnut, 12 inches or more trunk, whichever is greater. California Holly or To on, 12 inches or more Or as determined by a certified arborist or a licensed landscape architect. D. Excavation. Any approved excavation, demolition or extraction of material shall be performed with equipment that is placed outside the Tree Protection Zone. Hand digging, hydraulic, or pneumatic excavation are permitted methods for excavation within the Tree Protection Zone. E. Equipment. Use of backhoes, Ditch-Witches, steal tread tractors or other heavy vehicles within the Tree Protection Zone is prohibited unless approved by a certified arborist or a licensed landscape architect. Do not use tree trunks as a back stop, winch support, anchorage, as a temporary power pole, signpost or other similar function. 2.5 Tunneling and Directional Drilling A. Trenching, pipe or cable installation within the Tree Protection Zone shall be either cut by hand, air-spade, or by mechanically boring a tunnel under the roots with a horizontal directional drill using hydraulic or pneumatic air excavation technology. In all cases, install the utility pipe immediately, backfill with soil and soak with water within the same day. B. Where acceptable, tunneling under the root system can greatly reduce both damage to the tree and the cost to repair landscape and other features destroyed in the trenching process. The following recommendations for tunneling depths are provided as follows: TRUNK DIAMETER measured 4 feet above natural grade) MINIMUM TUNNEL DEPTH* 12 inches or less 24 inches More than 12 inches Winches 'Or as determined by a certified arborist or a licensed landscape architect. 2.6 Root Cutting Cutting of tree roots by utility trenching, digging foundations, placement of curbs and trenches, or other excavations requires prior approval of the Planning Director. No roots greater than 6 inches in circumference shall be cut without direction from a certified arborist or a licensed landscape architect. In the instance where root cutting is unavoidable, cuts should be clean and made at right angles to the roots. When practical, cut roots back to a branching lateral root. 2.7 Maintenance of Heritage Trees During Construction Providing adequate maintenance can mitigate stressful changes that occur to a Heritage Tree's environment during construction. To remain healthy, the tree needs to maintain stored carbohydrates and preserve the effectiveness of its growth regulators. It is recommended that development projects provide: A. Soil Compaction Mitigation. To prevent negligent encroachment into the Tree Protection Zone, trees to be preserved during construction must have the specified type of protection fences in place at all times. Removal of fences, even temporarily, to allow deliveries or equipment access is not allowed unless approved by a certified arborist or a licensed landscape architect and a root buffer is installed. The root buffer components; mulch, gravel and plywood must be maintained continually to assure its effectiveness against soil compaction. B. Mulch: During construction, wood chips may be spread within the Tree Protection Zone to a four to six (4 to 6) inch depth, leaving the trunk clear of mulch. This will aid in inadvertent soil compaction and moisture loss. Mulch shall be 2-inch (2") unpainted, untreated shredded wood or other approved material. C. Root Buffer: When areas under the tree canopy cannot be fenced, a temporary buffer is required and shall cover the root zone and remain in place at the specified thickness until the final grading stage. The protective buffer shall consist of shredded wood chips spread over the roots at a minimum of 6-inches (6") in depth (keeping the trunk clear of chips), and layered by '/-inch quarry gravel to stabilize the'/-inch plywood sheets laid on top. Steel plates can also be used. D. Irrigation. Providing supplemental irrigation for trees under water stress may be the single most important treatment. Irrigation should be designed to wet the soil within the Tree Protection Zone to the depth of the root zone and to replace that water once it is depleted. Light, frequent irrigation should be avoided. Create a 6 inch berm around trees at the edge of the Tree Protection Zone and fill with no more than 6 inches of mulch. Fill the basin with water. Irrigation should wet the top 2 to 3 feet of soil to replicate similar volumes and normal rainfall patterns. E. Erosion Control. If a tree is adjacent to or in the immediate proximity to a grade slope of 8% or more, approved erosion control or silt barrier shall be installed outside of the Tree Protection Zone to prevent siltation or erosion within the zone. F. Dust Control. During extended periods of drought, wind or grading, trunks, limbs and foliage should be sprayed with water to remove accumulated construction dust. 2.8 Tree Removal or Relocation The proposed removal or relocation of a Heritage Tree must be approved by the Planning Director in accordance with the Heritage Tree Ordinance. Trees that have become structurally unstable, in poor health, or unable to survive the effects of construction become a liability to public safety and should be removed. These Guidelines acknowledge that conflicts between Heritage Trees and development may sometimes result in the removal of trees, and recognizes the detrimental effect to the project and community when these trees die after construction is completed. Where removal of a Heritage Tree is necessary, the Planning Director shall determine the appropriate mitigation measures to be provided so as to preserve the beauty and character of the Community. 2.9 Tree Removal or Relocation Permit Required With the exception of routine pruning and maintenance of Heritage Trees, no person shall cut, remove, encroach into the protected zone, or relocate any Heritage Tree on any public or private property within the City unless a valid Heritage Tree Removal or Relocation Permit has been issued by the City in accordance with the provisions of these Guidelines. An example of the Heritage Tree Removal or Relocation Permit is attached to these Guidelines as Appendix D, and copies may be obtained from the Planning Department or the City's website at www.cityoftemecula.org. 2.10 Exceptions A permit is not required to cut, encroach, remove, or relocate a Heritage Tree(s) under the circumstances identified in the Heritage Tree Ordinance. 9 SECTION 3.0 TREE PRESERVATION AND PROTECTION PLAN The items listed below are basic submittal requirements to be included in the Tree Preservation and Protection Plan. As each project is unique, the applicant should consult with City staff to determine exact submittal requirements. 3.1 Standard Plan Requirements: A. Clearly differentiate between existing and proposed site improvements on all plans. B. Include preparer's name, title, license number, address, and telephone number (preparer must be a Certified Arborist, Licensed Landscape Architect or other qualified professional approved by the Planning Director). C. Include project title, project address, and property owner's name. D. Provide date of last revision, north arrow, and drawn to scale (no smaller than 1" = 40'-0") E. Label all property lines; include existing and proposed easements. F. Label and provide width of existing and proposed roadways, access driveways, improvements within the public right-of-ways. 3.2 Site Plan: The Site Plan shall identify the following information: A. Trees 1. All trees, regardless of size, and show exact locations to scale. The tree's species and common name must be directly on the plan or keyed to a legend. 2. All designated Heritage Trees in accordance with Section 1.4; "Criteria for Determination of Heritage Trees" of these Guidelines. 3. Heritage Trees immediately adjacent to the property must also be identified on the plan. 4. The diameter of each tree measured at a height of 4 feet above ground level. 5. Indicate whether the tree is a single or multi-trunk, and to be removed or preserved. 6. If symbols are used for trees, a different symbol must be used for each species. 10 B. Tree Protection Zone. Tree roots are generally located in the top 12-24 inches of soil and can extend to a distance exceeding the height of the tree and/or width. The roots located 1-5 feet from the trunk are often relatively inactive, and if cut, will cause a column of decay that can reach the top of a tree over time. The feeder roots of the tree can sustain damage during construction from lack of water, soil compaction or physical damage from cutting. Indicate that no construction staging, parking, storage or disposal of construction materials or byproducts, including but not limited to paint, plaster, or chemical solutions is allowed in the Tree Protection Zone. 2. Where mulch is required, show the mulch area and indicate mulch materials and depth in accordance with Section 2.7 A.; "Soil Compaction Mitigation" of these Guidelines. 3. Include notes or measures to maintain and/or improve the health of the protected Heritage Trees, such as schedule of watering during construction, deadwood removal, pest management or other practices. C. Protective Fencing. For all Heritage Trees to be preserved on site, clearly identify the fencing protecting the Tree Protection Zone with a bold dashed line. The protective fencing must be located outside of the Tree Protection Zone and erected before demolition, grading, or construction begins and remain until final inspection of the project. 1. All trees to be preserved shall be protected with five to six (5 to 6) foot high chain link fences or other material(s) approved by the Director of Planning. 2. Fences are to be mounted on two-inch (2") galvanized iron posts or untreated 4" x 4" wood posts, driven into the ground to a depth of at least two-feet (2) and at no more than ten-foot (10') centers. Concrete shall not be used to reinforce posts. 3. A two-foot (2') wide gate shall be installed for tree maintenance. 4. A warning sign shall be prominently displayed on each protective fence. The sign shall be a minimum of 8.5 inches x 11 inches and clearly state the following: TREE PROTECTION ZONE This Fence Shall Not be Removed 11 D. Utilities and Easements.: 1. Show location of existing and/or proposed utility lines (above and below grade) and width, depth, and method of tunneling or digging any proposed trenches. 2. Show point of connection for utilities and controllers. 3. Show width and location of all existing and/or proposed drainage easements and watercourses; indicate existing and/or proposed drainage structures. E. Miscellaneous: 1. Indicate location, width, and depth of all trenches for footings including excavations for any subsurface improvement. 2. Show existing and proposed contour lines. 3. Outline and label all existing or proposed structures (including walls, fences, construction trailers, etc.), drawn to scale, and shown in their exact location. 4. Identify staging areas, storage location for construction materials and equipment, and vehicular and equipment ingress and egress. 5. Indicate location, width, depth and method of tunneling or digging of proposed trenches for irrigation lines (mainlines and lateral lines). 3.3 Photographs: A. Provide photographs of protected Heritage Trees that shows the form and orientation on the property, as well as the conditions on the site. B. Photographs must be labeled with the property address or Assessor's Parcel Number (APN), date, and keyed to a site plan showing the viewpoint in which the photograph was taken. 3.4 General Information: A. Tree Pruninq or Removal: Prior to construction, Heritage Trees may need to be pruned away from structures or proposed construction activity. Construction or contractor personnel shall not attempt pruning. Heritage trees must be pruned by, or under the direction of, a certified arborist, or a licensed landscape architect. B. Grading, Trenching and Drainage: Grading, trenching and soil compaction activities are the factors most responsible for the decline of Heritage Trees on construction sites. All construction activities near designated Tree Protection Zones shall comply with Section 2.0, "Land Development and Heritage Trees" of these Guidelines. C. Erosion Control: If a tree is adjacent to or in the immediate proximity to a grade slope of 8% or more, a City-approved erosion control or silt barrier shall be 12 identified on the Site Plan and installed outside of the Tree Protection Zone to prevent siltation or erosion within the Tree Protection Zone. D. Certified Arborist or Licensed Landscape Architect to Remove Trees. Removal of trees adjacent to Heritage trees that are to remain requires a great amount of care and expertise. Only a certified arborist or licensed landscape architect shall engage in tree removal. Construction or contractor personnel shall not attempt tree removal unless it occurs at the express instruction of the certified arborist or licensed landscape architect at the time the certified arborist or licensed landscape architect is on-site to supervise the tree removal. 13 SECTION 4.0 DEFINITIONS "Applicant" means any person corporation, partnership association of any type, public agency or other legal entity who submits a discretionary permit application for land development pursuant to these Guidelines. "Basal Flair" means the tree trunk where it emerges from the root system and flairs out to create the base of the tree. "Certified Arborist" means, for purposes of these Guidelines, an arborist who is registered in good standing with the International Society of Arboriculture (ISA) and is in possession of a City of Temecula business license. "City" means the City of Temecula. "Cutting" means the detaching or separating from a Heritage Tree any live limb or branch over one inch (1") in diameter, any pruning which changes the shape or natural character of the tree or any branch removal that removes more of the tree canopy than recommended under International Society of Arboriculture (ISA) Standards. "Damage" means any action that causes permanent injury, death or disfigurement to a Heritage Tree. This may include, but is not limited to cutting, poisoning, over watering, withholding water, unauthorized relocating or transplanting of a Heritage tree; including trenching, excavating, or paving within Tree Protection Zone. "Disfigurement" means the unsightly and injurious trimming of a Heritage Tree. This shall include tree-trimming practices not in conformance with ISA standards. It shall include pruning practices such as stubbing, heading, heading back, stubbing off, pollarding, tipping, topping off, de-horning, lopping or rounding of any Heritage Trees. "Deadwood" means limbs, branches, or a portion of a tree that contains no green leaves during a period of the year when they should be present. "Designated Heritage Tree" means those trees possessing the qualifying attributes of a Heritage Tree and identified on the Heritage Tree Inventory Listing attached to these Guidelines. "Development" means the improvement of any real property which requires the approval of zoning, subdivision, conditional use permits, or site development review permits. "Director" means the Planning Director, or his or her designee. "Drip line" means a limiting line, for tree protection purposes, of the outermost area of the tree canopy (leafy area), and within which no construction or disturbance shall occur. "Encroachment" means any intrusion or human activity into the protected zone of a Heritage Tree including, but not limited to, pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. 14 "Heritage Tree" shall mean a tree that because of its size, age, historical or cultural significance, or unique and irreplaceable values to the community needs to be preserved and safeguarded as a symbol of the City's heritage, beauty and image. Heritage Trees shall include specimens of the following species which have reached the designated maturity (diameter): Platanus racemosa, (California Sycamore) which exceed twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree; Umbellularia californica, (California Bay Laurel) which exceed twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree; Juglans californica, (California Black Walnut) which exceed twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree; Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon) which exceeds twelve (12) inches in diameter when measured at a point four (4) feet above the natural grade at the base of the tree. Trees with multiple trunks shall be deemed to have reached maturity if the sum of the diameters of the multiple trunks exceeds the required diameter plus two (2) inches of a single trunked tree. Heritage Trees shall also include all designated oak trees. Likewise, Heritage Trees shall also include any tree(s), of any type, designated as Heritage Trees by the Planning Commission or City Council during review of any land use entitlement request and which trees are required to be preserved as a condition of that City approved entitlement, land division, or tract map. This designation shall continue whether or not the use for which the entitlement is issued is inaugurated or the land division or tract map is recorded. "Heritage Tree Preservation and Policy Guidelines" shall mean the policy established by the City Council and the administrative procedures and rules established by the Planning Commission for implementation of the Guidelines. "Licensed Landscape Architect" shall mean an individual who holds a professional license to practice landscape architecture, as defined under Business and Professions Code section (BPC) 5615, or is licensed by the State of California Landscape Architects Technical Committee, (the licensing and regulatory agency for the practice of landscape architecture in California). "Oak tree" shall mean any oak tree of the genus Quercus including, but not limited to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia), and Valley Oak (Quercus lobata), upon reaching eighteen (18) inches in diameter. "Owner" means the legal owner of real property within the City of Temecula and any lessee of the owner. "Person" means any individual, firm, association, corporation, organization, or partnership or any city, county, district, the State or any department or agency thereof. (14 Cal. Code of Regulations, Sec.3501) "Planning Director" or "Director" means the Director of Planning of the City of Temecula, or his or her duly delegated representative. "Protected Zone" or "Tree Protection Zone" shall mean a specifically defined area totally encompassing a Heritage Tree within which work activities are strictly controlled. When depicted on a map, the outermost edge of the protected zone will appear as an irregular shaped circle that follows the contour of the drip line of the tree. Using the drip line as a point of reference, the protected zone shall commence at a point five (5) feet outside of the drip line and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen (15) feet from the trunk of a Heritage Tree. 15 "Pruning" means the removal of water sprouts, crossed limbs, or other unhealthy branching structure as designated by the International Society of Arboriculture (ISA). Such removal shall not change the natural form of the tree, shall not consist of stubbing or heading back branches, and shall in no case consist of removing more of the total tree canopy than recommended under ISA. "Relocation" means the transplanting of a tree from its original location to another suitable location. "Removal" means the physical removal of a tree, or causing the death or untimely decline or a tree through actions including but not limited to damage, destruction, unnecessary disfigurement, withholding water, poisoning, or other deliberate or willful action or inaction. "Right-of-Way" or "Public Right-of-Way" means, for purposes of this Ordinance, the dedicated street right-of-way, or recorded easements for routine maintenance and/or utility purposes, located within the City of Temecula. "Routine Maintenance" means the actions needed for the continued health of the tree including but not limited to, the removal of deadwood or storm damaged branches, light pruning to improve scaffolding, and removal of branches less than one inch (1") in diameter. "Site" means the real property on which activities subject to these Guidelines may occur. "Tree" means, for purposes of these Guidelines, a Heritage Tree. "Tree Canopy" means the top layer or crown of mature trees. "Trimming" (see "Cutting"). "Urban Forest" means the natural resource composed of all tree on public and private property within the City limits and sphere of influence. 16 Section 5.0 HERITAGE TREE INVENTORY LISTING Staff shall prepare a City-wide inventory of Heritage Trees using the City's Global Positioning System (GPS) as Heritage Trees are identified through discretionary permit application review or through the nomination process. City staff shall prepare an exhibit graphically depicting the location of Heritage Trees throughout the City. Prior to authorizing ground disturbing activity, staff will review this exhibit and follow-up field visits by a certified arborist or a licensed landscape architect may be necessary to confirm the species, health and desirability of such trees in accordance with the provisions of these Guidelines. While it is expected that most development projects that follow these Guidelines will reduce project impacts on Heritage Trees to a level of insignificance, these Guidelines do not exempt a project from being reviewed pursuant to the California Environmental Quality Act (CEQA) and being evaluated for significant project impacts to Heritage Trees. 5.1 Heritage Tree Inventory: The Heritage Tree Inventory is attached to these Guidelines as Appendix A and provides useful information to property owners, private contractors and City employees whenever any development activity is planned or performed near a Heritage Tree. The Planning Director shall have the authority to update the Heritage Tree inventory on an as-needed basis as Heritage Trees are identified. Only trees designated by the Planning Director or the Planning Commission as Heritage Trees shall be added to the inventory. 5.2 Sensitive and Protected Areas: In particular, native trees located within areas identified by the General Plan Land Use map as Open Space, or otherwise protected lands such as riparian areas and important wildlife movement corridors (MSHCP) will be included in the inventory as Heritage Trees. An exhibit showing the approximate location of riparian areas is included as Appendix B of these Guidelines. An exhibit showing the approximate location of important wildlife corridors is included as Appendix C of these Guidelines. The City's Land Use map is available for viewing at the Planning Department or on the City's website at www.cityoftemecula.org. 5.3 Heritage Tree Nomination Process: The City of Temecula has several species of native and non-native trees of significant size and quality that contribute in a positive way to our community's environment and heritage. Healthy and properly maintained trees increase property values, provide shade and heat dissipation, help to prevent erosion of the topsoil, reduce air pollution, and improve our psychological well- being and beautify our community. The purpose of the Heritage Tree Nomination process is to protect and preserve a variety of native and non-native trees on public and private property whose visual and historic importance to the community is sufficient to justify special efforts to protect and preserve them. Heritage Tree Nomination applications shall be accepted from the public at large when endorsed by the property owner. The Planning Commission shall have approval authority for Heritage Tree Nomination applications. An example of the Heritage Tree Nomination form and acceptance criteria is attached to these Guidelines as Appendix E, and copies may be obtained from the Planning Department or the City's website at www.cityoftemecula.org. 17 APPENDIX A HERITAGE TREE LOCATION MAPS •wr d L ` r ~ C V 0 ag L d U "0 N Q ~ ~ m O 1 C ~ N CL Z U 0 F i a. U) 'No i J y CIF PNOP 0. 1 ~ N6 41 14 E 4u It •......Y4115Cp 411 OIL i :.fFw• "r•/ LO r y ,yr~ t 44 a i. r. I+ t uruu~u~nruuri~nr~~uri ry ~ y L d t C1 C " L 'Al 1 70 b; sib tV T ` U 0 o rf 4VII j S Z llYppm APPENDIX B RIPARIAN AREAS a c cu ~ ~ w Q a z C 3 c tm J a~ APPENDIX C IMPORTANT WILDLIFE MOVEMENT CORRIDORS 16 ■ _ L L C Q O N 3 C c c $ 3 U 2 U ~ Z 00, D 11 111 APPENDIX D HERITAGE TREE REMOVAL OR RELOCATION PERMIT APPLICATION City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 E-Mail: www.cityoftemecula.org Date Stamp Heritage Tree Removal or Relocation Planning Application No. PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) TREE DESCRIPTION: Heritage Tree name (species and common name): Number of trees: Street address: Parcel Number: Location of Tree: ❑ Front yard ❑ Rear yard ❑ Side yard ❑ Corner-side yard ❑ Public right-of-way ❑ Public lands ❑ Not sure ❑ Other: GPS units (OPTIONAL): Height Average canopy width' Circumference at chest leve12 Circumference at ground levels feet feet inches inches 1 Distance from one edge to opposite edge of tree canopy 2 Distance around trunk at 4 ft off the ground. htt ://www.isa-arbor.com/ ublications/tree ord/herita e.as x 3 Distance around trunk on the ground where the trunk meets the soil. The Planning Commission will use the following criteria to evaluate each Heritage Tree Application. If you need more space to describe the tree, please attach additional sheets. APPLICANT/OWNER INFORMATION: Name of Applicant: Address: City: State: Zip: Phone (day) Fax E-mail: Name of Property Owner: Mailing Address: City: State: Zip: REASON FOR WORK BEING DONE: (Briefly describe the reason for removing or relocating the Heritage Tree) Heritage Tree removal or relocation must be performed in accordance with the most recently Published standards of the International Society of Arboriculture (ISA): I have received and have read a copy of the International Society of Arboriculture requirements for tree removal or relocation: 0 Yes ❑ No Applicant or Property Owner Name and Signature I will retain the services of an ISA certified arborist or a licensed landscape architect to perform and/or supervise the removal or relocation of the Heritage Tree. ❑ Yes ❑ No Arborist's or Licensed Landscape Architect's Name, Signature, and Certification Number If the property owner does not retain a certified arborist or licensed landscape architect, the City will require the work to be monitored by qualified city staff at the property owner's expense. APPENDIX E HERITAGE TREE NOMINATION FORM Heritage Tree Nomination Form Disclaimer: Any information you include on this form will be part of the public record. Anyone may request to see the information you submit for a Heritage Tree nomination. For more legal information, see the last page of this form. Who can nominate a Heritage tree? • The Planning Commission may nominate a tree. • The head of a City department or agency may nominate a tree on property under their jurisdiction. City departments and agencies should conduct an internal approval process before nominating a tree. • A property owner may nominate a tree on his or her property. • A member of the public may nominate a tree with consent of the property owner. I am one of the following authorized nominators ❑ Property owner ❑ Head of a City Department or Agency ❑ Planning Commission member Please note that a permit will be required for any future removal of a Heritage tree. Pursuant to Ordinance 09-_, the City of Temecula requests the following information. Authorized nominator (Planning Commission, Head of City Department, Property Owner): Name Address Address Phone (day) Fax # Email Property owner: Name Address Address Phone (day) Fax # Email Member of the public who initiated nomination (if applicable): Name Address Address Phone (day) Fax # Email I am an authorized nominator and I support this nomination. Signature Date I am the property owner and I grant permission for city staff to evaluate the nominated tree on the property with advance notice. Signature Date City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 E-Mail: www.cityoftemecula.org Date Stamp Heritage Tree Nomination Planning Application PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) TREE DESCRIPTION Tree name (species and common name): Number of trees: Street address: Location of Tree: ❑ Front yard ❑ Rear yard ❑ Side yard ❑ Corner-side yard ❑ Public right-of-way ❑ Public lands ❑ Not sure ❑ Other: GPS units (OPTIONAL): Height feet Average canopy width' feet Circumference at chest levee l Circumference at ground level3 inches inches 1 Distance from one edge to opposite edge of tree canopy 2 Distance around trunk at 4.5 ft off the ground. htt ://w .isa-arbor.com/ ublications/tree-ord/herita e.as x 3 Distance around trunk on the ground where the trunk meets the soil. The Planning Commission will use the following criteria to evaluate each Heritage Tree Application. If you need more space to describe the tree, please attach additional sheets. Rarity: -Rare Uncommon -Common -Other Unusual species in Temecula. Also consider rarity in California, North America, world. Comment: Size: -Large -Medium -Small Notable size (height, diameter, canopy width) compared to other trees of the same species. Comment: Age: Significantly advanced age for this species (known or estimated). Comment: Historical Association: Yes - None apparent Related to a historic or cultural building, site, street, person, event, etc. Describe nature of appreciation: Ethnic appreciation: -Yes -None apparent Particular value to certain ethnic groups in neighborhood or city. Describe nature of appreciation: Neighborhood appreciation: - Yes -None apparent Multiple indicators such as letters of support, petition, outdoor gatherings, celebrations adjacent or related to tree, etc. Attach documentation: Describe: Planting defines neighborhood character: Yes No Contributes to neighborhood aesthetic. Describe contribution: Profiled in a publication or other media: Yes Unknown Tree has received print, internet, and/or video media coverage. Attach documentation if appropriate. Describe coverage: High traffic area: Yes No High visibility, possible traffic calming effect. Describe: Low tree density: -Low -Moderate -High Tree exists in a neighborhood with very few trees. Describe: Extends between multiple properties: Yes High visibility, multiple neighbors share tree. Describe: No Accessible from public right-of-way: Yes High visibility. Describe: No Important wildlife habitat: Yes Wildlife shelter and/or food (observed or potential). No Describe and be as specific as possible. Interdependent group of trees: Yes No This tree forms a supercanopy and removing it may have an adverse impact on adjacent trees Describe: Erosion control: Yes Tree prevents soil erosion. Describe: No Wind or sound barrier: Yes No Tree reduces wind speed or mitigates undesirable noise Describe: Prominent landscape feature: Yes No A striking and outstanding natural feature. Describe, attach photo if possible: Character-defining form: _Yes _No Tree is an example of good form for its particular species. Describe: Tree condition: _Good Poor Hazard Consider overall tree health and structure, and whether or _not tree poses a hazard Describe: Additional comments If you have any questions about this form, tree terms or tree concepts, please contact the Planning Department staff (below). It is acceptable if you cannot provide some of the information requested on this form. A photograph of the tree must be submitted with this form. Please attach optional supporting documents such as letters, arborist or licensed landscape architect report, etc. Send to: Planning Department, P.O. Box 9033, Temecula, CA 92589-9033, (951) 694-6400. Any information you submit will be part of the public record. The Public Records Act defines a "public record" broadly to include "any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency, regardless of the physical form or characteristics." Govt. Code § 6252(e). Pursuant to the Public Records Act, this document is a public record and will be available to the public upon request, at the hearing site, at the Temecula Main Library, and on the City's website. Application received date Received by Tree evaluation form Planning Commission Decision Heritage Tree # Title recorded date Notice of Public Hearing THE CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Planning Application No. LR08-0019 Applicant: City of Temecula Location: Citywide Proposal: Review and adopt the proposed Heritage Tree Ordinance Environmental Action: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15061(3)) Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised atthe public hearing(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Emery Papp, City of Temecula Redevelopment Agency, (951) 693- 3955. PLACE OF HEARING City Council Chambers 43200 Business Park Drive Temecula, California DATE OF HEARING June 23, 2009 TIME OF HEARING 7:00 PM