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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
OCTOBER 27, 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/Temecula Redevelopment Agency
pursuant to Government Code Section:
1) Conference with real property negotiators pursuant to Government Code
Section 54956.8 regarding two parcels of real property owned by the N &A
Development and Leasing Company, Inc. (Nassef M. Francis and Julie C.
Francis) consisting of approximately 49.62 acres (APN 940 080 -002 and
940 090 -001) located on the escarpment west of the City limits and
southerly of Rancho California Road in unincorporated Riverside County.
The parties to the negotiations for the purchase of the property are N &A
Development and Leasing Company, Inc. (Nassef M. Francis and Julie C.
Francis), Riverside County Regional Conservation Authority and the City
of Temecula. Negotiators for the City of Temecula are: Bob Johnson,
Patrick Richardson, and Luke Watson. Under negotiation are price and the
terms of the sale of the property.
2) Conference with real property negotiators pursuant to Government Code
Section 54956.8 regarding one parcel of real property owned by the
Temecula Redevelopment Agency consisting of approximately 19.7 acres
(part of APN 909 370 -002) located northwesterly of Diaz Road and Dendy
Parkway. The parties to the negotiations for an amendment to the terms of
sale of this property are: Temecula Water Park L.P. (aka Clearwater
Development) and the Temecula Redevelopment Agency. Negotiators for
the Temecula Redevelopment Agency are: Bob Johnson, Patrick
Richardson, and Luke Watson. Under negotiation are an amendment to the
purchase and sale agreement concerning the terms of the sale of the
property.
1
3) Conference with real property negotiators pursuant to Government Code
Section 54956.8 regarding the lease of the approximately 2000 square feet
of the property owned by the City of Temecula at 28690 Mercedes Street,
Temecula (part of the Old Town Civic Center Parking Garage) to the
Temecula Valley Convention and Visitor's Bureau. The parties to the
negotiations for the lease are City of Temecula and Temecula Valley
Convention and Visitor's Bureau. Negotiators for the City of Temecula
are: Bob Johnson, Patrick Richardson, and Luke Watson. Under
negotiation are rent and terms of the lease.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Susan Miyamoto
Invocation: Pastor Jason Stewart of Temecula Creek Christian Fellowship
Flag Salute: Council Member Naggar
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
PRESENTATIONS /PROCLAMATIONS
Business /Industry Recognition Program Hotel Industry
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
2
Next in Order:
Ordinance: 09 -07
Resolution: 09 -87
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
RECOMMENDATION:
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adoption Procedure
1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Action Minutes
RECOMMENDATION:
2.1 Approve the action minutes of October 13, 2009.
3 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
4 Proposition 1A Securitization Program
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE
AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF
THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND
3
DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH
5 December Schedule for City Council Meetings
RECOMMENDATION:
5.1 Cancel the regularly scheduled City Council Meeting of December 22, 2009 and
perform the appropriate postings and noticing requirements of the Government
Code.
6 Acceptance of certain Public Streets into the City- Maintained System within Tract Map
Nos. 23067 -3, 23067 -4, 23067 -5 (located at Butterfield Stage Road and Nighthawk Pass
Centex Homes)
RECOMMENDATION:
6.1 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. 23067 -3, 23067 -4, AND 23067 -5)
7 Interstate 15 /State Route 79 South Ultimate Interchange, Project No. PW04 -08
Amendment No. 1 to Design Cooperative Agreement with the State of California,
Department of Transportation
RECOMMENDATION
7.1 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AN AMENDMENT TO EXTEND THE TERMINATION DATE AND
CORRECT THE POSTMILES OF AGREEMENT NO. 08 -1249, A DESIGN
COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR
THE DESIGN OF IMPROVEMENTS TO THE EXISTING INTERCHANGE ON
INTERSTATE 15 AT STATE ROUTE 79 SOUTH
8 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for
the Winchester Road /Highway 79 North Corridor Beautification, Project No. PW06 -15
RECOMMENDATION:
4
8.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Winchester Road /Highway 79 North Corridor
Beautification, Project No. PW06 -15.
9 Temporary Street Closure for the 'Harvest Festival' Event in Old Town (Sixth Street
between Old Town Front Street and Mercedes Street) at the request of the RDA/Old
Town City Council Steering Subcommittee Members, Mayor Edwards, and Council
Member Roberts
RECOMMENDATION:
9.1 Receive and file the following proposed action by the City Manager: Temporarily
close a portion of Sixth Street for the "HARVEST FESTIVAL IN OLD TOWN"
EVENT
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
10 Action Minutes
RECOMMENDATION:
10.1 Approve the action minutes of October 13, 2009.
11 Award a Construction Contract for Redhawk Park Improvements, Project No. PW06-
06 /CS D08 -004
RECOMMENDATION:
1 1 .1 Award a construction contract for Redhawk Park Improvements, Project No. PW06-
06, to IAC Engineering, Inc. in the amount of $787,094.92;
5
1 1 .2 Authorize the General Manager to approve change orders up to 10% of the contract
amount, $78,709.49;
1 1 .3 Make a finding that the Redhawk Park Improvements Project is exempt from
Multiple Species Habitat Conservation Plan (MSHCP) fees.
CSD DEPARTMENTAL REPORT
12 Community Services Department Monthly Report
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
13 Action Minutes
RECOMMENDATION:
13.1 Approve the action minutes of October 13, 2009.
14 Amendment No. 3 to the Professional Services Agreement with Nichols. Melburq
Rossetto for Additional Services Associated with the Old Town Infrastructure Project
Parking Structure and Office /Retail PW06 -07(1 D)
6
RECOMMENDATION:
14.1 Approve Amendment No. 3 to the Professional Services Agreement with Nichols,
Melburg Rossetto (NMR) for additional services associated with the preparation of
construction drawings and construction administration for the tenant improvements
of the office frontage space included in the Old Town Parking Garage in the amount
of $96,000 and authorize the Chairperson to execute the amendment.
15 Service Agreement for the Old Town Holiday Outdoor Ice Skating Rink at the request of
the RDA/Old Town City Council Steering Subcommittee Members Mayor Edwards and
Council Member Roberts
RECOMMENDATION:
15.1 Approve a "turn -key" seasonal ice rink operation and necessary services. The hard
costs and soft costs associated with this approach bring the total contracted amount
to $71,530. This expenditure will come from appropriate funds within the RDA.
Studio 33 will set the admission /skate rental price and is entitled to 100% of the
proceeds;
15.2 Direct staff to quantify through measurement the number of guests /attendees that
enjoy this service for data that can be considered for future year negotiations;
15.3 Direct staff to measure success of event through media impressions such as
publicity, media coverage, and a general understanding of any increase in foot
traffic /visitor traffic and the collaboration of other City sponsored events;
15.4 Approve the "Agreement for Special Services between the City of Temecula
Redevelopment Agency and Studio 33 Productions Outdoor Ice Skating Rink and
Rink Management" in the amount of $71,530 and authorize the Chairman to sign on
behalf of the Agency.
16 Amendment to the Purchase and Sale Agreement and Escrow Instructions between the
Redevelopment Agency of the City of Temecula and Temecula Water Park L.P. for the sale
of Agency -owned property located at the northwest corner of Diaz Road and Dendy
Parkway (APN 909 370 -002)
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 09-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AMENDMENT TO AGREEMENT FOR
PURCHASE AND SALE AND ESCROW INSTRUCTIONS BETWEEN THE
AGENCY AND TEMECULA WATER PARK, L.P., FOR THE SALE OF
APPROXIMATELY 19.7 ACRES AT THE NORTHWEST CORNER OF DIAZ
ROAD AND DENDY PARKWAY (APN 909 370 -002)
7
RDA DEPARTMENTAL REPORT
17 Redevelopment Department Monthly Report
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
JOINT CITY COUNCIL /RDA BUSINESS
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
CITY COUNCIL BUSINESS
18 Proposed Ordinance to Amend Section 3.2070 of the City of Temecula Municipal Code
(Reporting and Remitting), and 3.20110 (Appeal) of the City of Temecula Municipal Code
Relating to Transient Occupancy Tax
RECOMMENDATION:
18.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 3.20.070 OF THE TEMECULA MUNICIPAL CODE,
REPORTING AND REMITTING, AND 3.20.110, APPEAL, OF THE TEMECULA
MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX
18.2 Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING THE TRANSIENT OCCUPANCY TAX APPEAL FEE SCHEDULE
DEPARTMENTAL REPORTS
19 Economic Development Department Monthly Report
8
20 Planning Department Monthly Report
21 City Council Travel /Conference Report September 2009
22 Public Works Department Monthly Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, November 10, 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.
NO110E 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.cityoftemecula.orq
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.citvoftemecula.orq— 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.
9
PRESENTATIONS
CONSENT CALENDAR
ITEM NO. 1
ITEM NO. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
OCTOBER 13, 2009 7:00 PM
6:00 P.M. Closed Session of the City Council/Temecula Redevelopment Agency
pursuant to Government Code Section:
1) Conference with real property negotiators pursuant to Government Code
Section 54956.8 regarding the potential lease and renovation of the
Sparkman Alternative Education Center at 32225 Pio Pico, Temecula
California, owned by the Temecula Valley Unified School District. The
parties to the negotiations for lease and renovation of the Sparkman
Alternative Education Center are the Redevelopment Agency of the City of
Temecula, City of Temecula, Temecula Valley Unified School District, and
California State University San Marcos. Negotiator for the Agency and
City is Aaron Adams, Assistant City Manager. Under negotiation are the
price and terms of the potential lease and renovation of the real property.
2) Conference with City Attorney pursuant to Government Code Section
54956.9(b) with respect to one matter of potential litigation. With respect
to such matter, the City Attorney has determined that a point has been
reached where there is a significant exposure to litigation involving the
City and City related entities based on existing facts and circumstances.
With respect to such matter, the City Council will also meet pursuant to
Government Code Section 54956.9(c) to decide whether to initiate
litigation.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
At 6:01 P.M. Mayor Edwards called the meeting to order, with Council Members Naggar and
Roberts absent at the time the Closed Session was called to order but were in attendance of the
Closed Session).
The City Council meeting convened at 7:00 P.M.
CALL TO ORDER: Mayor Maryann Edwards
Prelude Music: Megan Thudium and Rachel Storhmeier
Invocation: Pastor Leon Franklin of the Living Word Church
Flag Salute: Council Member Comerchero
1
ROLL CALL: Comerchero, Naggar, Roberts, Washington, Edwards
PRESENTATIONS /PROCLAMATIONS
Presentation on H1 N1 Virus by Dr. Eric Frykman, Director of County Health Agency
PUBLIC COMMENTS
Jane Laskin, representing the Musicians Workshop, commented on the grand opening of the
Musicians Workshop.
Chuck Rear of Temecula addressed the City Council with regard to water wastage and
segregated trash.
Darrell Farnbach, representing Vail Ranch Restoration Association and Temecula Historical
Society, commented on the upcoming Old Fashioned BBQ.
CITY COUNCIL REPORTS
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure Approved Staff
Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was
seconded by Council Member Roberts; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Action Minutes- Approved Staff Recommendation (5 -0 -0) Council Member
Comerchero made the motion; it was seconded by Council Member Roberts; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
2.1 Approve the action minutes of September 22, 2009.
3 List of Demands Approved Staff Recommendation (5 -0 -0) Council Member
Comerchero made the motion; it was seconded by Council Member Roberts; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
3.1 Adopt a resolution entitled:
2
RESOLUTION NO. 09 -84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report as of August 31, 2009 Approved Staff Recommendation
(5 -0 -0) Council Member Comerchero made the motion; it was seconded by Council
Member Roberts; and electronic vote reflected unanimous approval.
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of August 31, 2009.
5 California Emergency Management Agency Authorized Agent Designation Approved
Staff Recommendation (5 -0 -0) Council Member Comerchero made the motion; it
was seconded by Council Member Roberts; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 09 -85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DESIGNATING AUTHORIZED AGENTS WHEN REQUESTING FEDERAL AND
STATE FINANCIAL ASSISTANCE
6 Riverside County Mortgage Credit Certificate Program Approved Staff
Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was
seconded by Council Member Roberts; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 09 -86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY MORTGAGE
CREDIT CERTIFICATE (MCC) PROGRAM
3
7 Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement for the State
Route 79 South (SR -79S)/ Western Bypass Bridge Project Approved Staff
Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was
seconded by Council Member Roberts; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
7.1 Approve the attached Agreements totaling $1,789,000 for the funding of TUMF
Zone Arterial Network Improvements between the Western Riverside Council of
Governments (VVRCOG) and the City of Temecula for the State Route 79 South
(SR -79S)/ Western Bypass Bridge Project;
7.2 Authorize the City Manager to execute the Agreements.
8 Request to Increase the Contingency Amount for Pechanqa Parkway Phase II Street
Improvements, PVV99 -11 Approved Staff Recommendation (5 -0 -0) Council Member
Comerchero made the motion; it was seconded by Council Member Roberts; and
electronic vote reflected unanimous approval.
RECOMMENDATION:
8.1 Approve a $350,000 increase in the contingency for the contract with All American
Asphalt;
8.2 Authorize the City Manager to approve change orders not to exceed the requested
increased contingency amount of $350,000;
8.3 Appropriate $350,000 from the Wolf Creek CFD fund balance to the Pechanga
Parkway project.
9 Acceptance of Improvements and Notice of Completion for the Traffic Signal Installations;
Butterfield Stage Road at Welton Way /Channel Street Meadows Parkway at McCabe
Drive /Sunny Meadows Drive; Project No. PW07 -09 and PVV07 -10 Approved Staff
Recommendation (5 -0 -0) Council Member Comerchero made the motion; it was
seconded by Council Member Roberts; and electronic vote reflected unanimous
approval.
RECOMMENDATION:
9.1 Accept the construction of the Traffic Signal Installations; Butterfield Stage Road at
Welton Way /Channel Street and Meadows Parkway at McCabe Drive /Sunny
Meadows Drive, Project No. PW07 -09 and PVV07 -10, as complete;
9.2 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one (1) year Maintenance Bond in the amount of
10% of the contract amount;
9.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion if no liens have been filed.
4
10 City Hall Parking Lot Improvements Approved Staff Recommendation (5 -0 -0)
Council Member Comerchero made the motion; it was seconded by Council Member
Roberts; and electronic vote reflected unanimous approval.
RECOMMENDATION:
10.1 Approve a contract with Imperial Paving Company, Inc., for City Hall Parking Lot
Improvements in the amount of $65,485 for Fiscal Year 2009 2010;
10.2 Authorize the General Manager to approve additional work not to exceed the
contingency amount of $9,823, which is equal to 15% of the contract amount;
At 7:39 P.M., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 7:48 P.M., the City Council resumed with regular business.
CITY MANAGER REPORT
None given.
CITY ATTORNEY REPORT
With regard to the real property negotiations, City Attorney Thorson advised that the City
Council provided direction to the staff on the negotiations, noting that any formal action on the
matter will be taken in open session at a future Council meeting.
As to the potential litigation matter, City Attorney Thorson noted that the City Council provided
direction to the City Attorney to initiate a legal action, advising that once action is filed, the City
will prepare a notice as required by Government Code Section 54957 describing the action and
the defendants and this notice will be on file with the City Clerk and available for review.
ADJOURNMENT
At 7:49 P.M., the City Council meeting was formally adjourned to Tuesday, October 27, 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.
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
5
Maryann Edwards, Mayor
ITEM NO. 3
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Genie Roberts, Director of Finance
DATE: October 27, 2009
SUBJECT: List of Demands
PREPARED BY: Pascale Brown, Accounting Manager
Jill Dickey, Accounting Assistant
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
ATTACHMENTS: Resolution
List of Demands
RESOLUTION NO. 09-
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
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.
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 $10,021,816.25.
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 27th day of October, 2009.
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
Maryann Edwards, Mayor
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 27th day of October, 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
10/01/2009 TOTAL CHECK RUN 7,246,472.17
10/08/2009 TOTAL CHECK RUN 2,296,123.58
10/01/2009 TOTAL PAYROLL RUN: 479,220.50
TOTAL LIST OF DEMANDS FOR 10/27/2009 COUNCIL MEETING: 10,021,816.25
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND 3,323,145.69
130 RECOVERY ACT JAG FUNDING 1,485.36
165 AFFORDABLE HOUSING 5,030,370.31
190 TEMECULA COMMUNITY SERVICES DISTRICT 170,429.22
192 TCSD SERVICE LEVEL B 4,185.68
193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 7,680.15
194 TCSD SERVICE LEVEL D 9,984.95
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 4,968.30
197 TEMECULA LIBRARY FUND 16,643.57
210 CAPITAL IMPROVEMENT PROJECTS FUND 832,456.34
280 REDEVELOPMENT AGENCY CIP PROJECT 19,058.36
300 INSURANCE FUND 18,854.04
320 INFORMATION SYSTEMS 45,295.27
330 SUPPORT SERVICES 8,783.00
340 FACILITIES 23,979.68
375 SUMMER YOUTH EMPLOYMENT PROGRAM 3,703.90
460 CFD 88 -12 DEBT SERVICE FUND 1,456.36
472 CFD 01 -2 HARVESTON A &B DEBT SERVICE 1,853.55
473 CFD 03 -1 CROWNE HILL DEBT SERVICE FUND 1,588.75
474 AD03 -4 JOHN WARNER ROAD DEBT SERVICE 529.58
475 CFD03 -3 WOLF CREEK DEBT SERVICE FUND 1,456.36
476 CFD 03 -6 HARVESTON 2 DEBT SERVICE FUND 1,456.36
477 CFD- RORIPAUGH 7,592.41
700 CERBT CALIFORNIA EE RETIREE GASB45 5,638.56
001 GENERAL FUND 268,397.69
165 AFFORDABLE HOUSING 10,736.70
190 TEMECULA COMMUNITY SERVICES DISTRICT 115,470.46
192 TCSD SERVICE LEVEL B 148.54
193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 4,506.65
194 TCSD SERVICE LEVEL D 1,400.96
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,308.79
197 TEMECULA LIBRARY FUND 422.39
280 REDEVELOPMENT AGENCY CIP PROJECT 4,128.00
300 INSURANCE FUND 1,270.47
320 INFORMATION SYSTEMS 24,887.27
330 SUPPORT SERVICES 5,694.97
340 FACILITIES 9,103.54
375 SUMMER YOUTH EMPLOYMENT PROGRAM 19,361.23
700 CERBT CALIFORNIA EE RETIREE- GASB45 12,382.84
9,542,595.75
479,220.50
TOTAL BY FUND: 10,021,816.25
apChkLst Final Check List Page: 1
10/01/2009 1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor Description Amount Paid Check Total
1339 09/28/2009 007659 FIRST AMERICAN TITLE OPA Summerhouse proj 5,000,000.00 5,000,000.00
INSURANCE
1340 10/01/2009 000245 PERS HEALTH INSUR PREMIUM Blue Shield HMO Payment 0.00
PERS Health Admin Cost Payment 76,305.01 76,305.01
1341 10/01/2009 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 4,667.60 4,667.60
SOLUTION
1342 10/01/2009 010349 CALIF DEPT OF CHILD SUPPORT Support Payment
1343 10/01/2009 000642 TEMECULA CITY FLEXIBLE
Child Care Reimbursement Payment 9,098.92
Child Care Reimbursement Payment
578.84 578.84
0.00 9,098.92
1344 10/01/2009 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 115,858.18 115,858.18
RETIREMENT)
1345 10/01/2009 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 16,607.99 16,607.99
SOLUTION
1346 10/01/2009 000283 INSTATAX(IRS) Federal lncomeTaxes Payment 82,895.92 82,895.92
1347 10/01/2009 000444 INSTATAX (EDD) State Disability Ins Payment 23,675.40 23,675.40
134180 10/01/2009 009604 12MILESOUT.COM video streaming svcs:info sys 1,500.00 1,500.00
134181 10/01/2009 003552 AFLAC AFLAC Cancer Payment 3,183.08 3,183.08
134182 10/01/2009 004767 ALERT ALL CORPORATION Jul educ promo items:fire prey 4,002.00 4,002.00
134183 10/01/2009 003951 ALL AMERICAN ASPHALT Jul Prog Pmt:R.C. Pave Rehab 105,393.01
Sep Prog Pmt:Pech. Pkwy II 60,050.76 165,443.77
134184 10/01/2009 009374 ALLEGRO MUSICAL VENTURES piano tuning repair:theater 290.00 290.00
134185 10/01/2009 006915 ALLIE'S PARTY EQUIPMENT Misc rentals:special event pgrm 291.58
Misc rentals:spec event pgrm:9 /11 33.71
Rental equip:Team Pace Events 101.12 426.41
134186 10/01/2009 013015 ALWAYS RELIABLE BACKFLOW Backflow Test /Repair:Medians /Prks 418.00 418.00
Pagel
apChkLst Final Check List Page: 2
10/01/2009 1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
(Continued)
Check Date Vendor Description Amount Paid Check Total
134187 10/01/2009 004422 AMERICAN BATTERY (2)Batteries for Radar Trailer 214.66 214.66
CORPORATION
134188 10/01/2009 004240 AMERICAN FORENSIC NURSES phlebotomy svcs:police:CHP 790.00
phlebotomy svcs:police:TE 750.50 1,540.50
134189 10/01/2009 000101 APPLE ONE INC temp help:csd:Vanessa Ortiz 266.25 266.25
134190 10/01/2009 003203 ARTISTIC EMBROIDERY uniforms: recreation staff 603.75 603.75
134191 10/01/2009 012834 AUDIO ADDICTION INC vehicle repair:fire prey truck A -15 162.63 162.63
134192 10/01/2009 002648 AUTO CLUB OF SOUTHERN membership:Serven, Richard 47.00 47.00
CALIF
134193 10/01/2009 006551 BARBIES HOT DOGS refreshments:C. Museum event 2,140.00 2,140.00
134194 10/01/2009 004386 BEAR COMMUNICATIONS INC radio headset rentals:FIT pgrm 255.08 255.08
134195 10/01/2009 004262 BIO -TOX LABORATORIES DUI drug lab testing svcs:police 448.29
DUI drug lab testing svcs:police 855.00 1,303.29
134196 10/01/2009 005665 BLACK'S TOWING veh towing svcs:Police 130.00 130.00
134197 10/01/2009 012583 BLANCA Y PRICE Ldscp Plan Ck /Inspec:PIng 2,220.00 2,220.00
134198 10/01/2009 006908 C C COMPANY INC Entertain Dep:Harv. Carnival 10/30 150.00 150.00
134199 10/01/2009 003138 CAL MAT citywide street repairs:PW 400.92
citywide street repairs:PW 810.19
citywide street repairs:PW 274.83
citywide street repairs:PW 215.98 1,701.92
134200 10/01/2009 004248 CALIF DEPT OF JUSTICE- June Blood Alcohol Analysis:PD 35.00
ACCTING
July Blood Alcohol Analysis:PD 1,470.00 1,505.00
134201 10/01/2009 000790 CALIF DEPT OF PESTICIDE lic renewal:Thurman, David M. 60.00 60.00
134202 10/01/2009 011510 CATO GEOSCIENCE INC Prog Eir Review:Liberty Quarry #3 11,850.00 11,850.00
134203 10/01/2009 001139 CHIP MORTON PHOTOGRAPHY photography svcs:eco dev 250.00 250.00
Page2
apChkLst
10/01/2009
Check Date
Final Check List
1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Vendor
134204 10/01/2009 004609 CINTAS DOCUMENT
MANAGEMENT
134205 10/01/2009 005708 CLEAR CHANNEL
BROADCASTING INC
134206 10/01/2009 008594 COMMUNITY BANK
134207 10/01/2009 004405 COMMUNITY HEALTH CHARITIES
134208 10/01/2009 002945 CONSOLIDATED ELECTRICAL
DIST.
134209 10/01/2009 012353 CONSTRUCTION TESTING
134210 10/01/2009 001264 COSTCO WHOLESALE
134213 10/01/2009 012600 DAVID EVANS ASSOCIATES
INC
134214 10/01/2009 013174 DAWSON, RONALD
134215 10/01/2009 003945 DIAMOND ENVIRONMENTAL
SRVCS
134216 10/01/2009 004799 E C S IMAGING INC
134217 10/01/2009 005115 ENTERPRISE RENT A CAR INC
134218 10/01/2009 012630 ERICKSON -HALL
CONSTRUCTION CO
134219 10/01/2009 000164 ESGIL CORPORATION
(Continued)
Description
Doc Shred Svcs:Pd Storefront
Broadcst Kmyt:Hot Summer Nites
Broadcst Ktmq:Hot Summer Nites
Broadcst Kmyt:Hot Summer Nites
Broadcst Ktmq:Hot Summer Nites
rel. escrow:All Amer Asph /pech pkwy
rel. escrow:All Amer Asph /pave rehab
Community Health Charities Payment
misc elect supplies:var park sites
Aug geotech svcs:civic center
artist hospitality supplies:theater
134211 10/01/2009 010433 COUNTRYMAN ASSOCIATES INC Misc Equip:Ot Theater
134212 10/01/2009 010650 CRAFTSMEN PLUMBING HVAC sound system motor: old town
INC
design engineering svcs:liefer rd
EE computer loan prgm
Port. Restroom:Teen Dance Pgrm
Scanner 5750 Parts:Info Sys
excursion transport:teen camp 7/7
excursion transport:teen camp 7/14
Aug TCC expansion: PW CIP
plan review svcs: B &S Dept
Amount Paid
34.13
800.00
800.00
630.00
630.00
6,672.31
11,710.34
106.00
7.85
36,262.50
73.01
222.11
874.29
1,816.00
1,505.12
251.75
180.53
142.72
142.72
68,238.79
Page: 3
Check Total
Page3
34.13
2,860.00
18,382.65
106.00
7.85
36,262.50
73.01
222.11
874.29
1,816.00
1,505.12
251.75
180.53
285.44
68,238.79
9,781.26 9,781.26
apChkLst Final Check List Page: 4
10/01/2009 1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
(Continued)
Check Date Vendor Description Amount Paid Check Total
134220 10/01/2009 009953 FEDERAL CLEANING janitorial svcs:police mall ofc 625.00 625.00
CONTRACTORS
134221 10/01/2009 004310 FEDEX GROUND INC Express Mail Service 460.16
Express Mail Service:Police 21.46 481.62
134222 10/01/2009 000206 FEDEX KINKOS INC Shpg Supplies:Central Svcs 71.74
Shpg Supplies:Central Svcs 43.46 115.20
134223 10/01/2009 013176 FIGARI, ADRIANA refund:adult swim 5001.204 40.00 40.00
134224 10/01/2009 011967 FULL VALUE ENTERTAINMENT sttlmnt:Live...Merc9 /18 227.50 227.50
134225 10/01/2009 008016 G M CUSTOM UPHOLSTERY Upholstery Repair:PD Motorcycles 100.00 100.00
134226 10/01/2009 007866 G C S SUPPLIES INC misc computer supplies:info sys 624.77 624.77
134227 10/01/2009 010326 G E MOBILE WATER, INC reverse osmosis washer:FS #73 126.15
reverse osmosis washer:FS #73 55.00 181.15
134228 10/01/2009 003946 G T ENTERTAINMENT program MC:9/11 Remembrance 150.00 150.00
134229 10/01/2009 007279 GAIL MATERIALS INC mound clay: r reagan sports park 1,045.00 1,045.00
134230 10/01/2009 013076 GAUDET, YVONNE M. TCSD instructor earnings 1,078.00 1,078.00
134231 10/01/2009 010045 GILPIN, BRADLEY refund: toddler swin 5080.602 40.00 40.00
134232 10/01/2009 009608 GOLDEN VALLEY MUSIC Oct /Nov /Dec:Merc '09 Classics 4,875.00 4,875.00
SOCIETY
134233 10/01/2009 003792 GRAINGER Pump Repair @Hare Lake Park 161.00 161.00
134234 10/01/2009 008081 HALL FOREMAN INC Jul eng svc:santa gertrudis crk 159.68
Aug Eng Svcs:Santa Gertrudis Crk 4,605.18 4,764.86
134235 10/01/2009 012954 HANEY, JOHN THOMAS plan review svcs: B &S Dept 3,657.72
plan review svcs: B &S Dept 112.76 3,770.48
Page:4
apChkLst Final Check List Page: 5
10/01/2009 1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor
(Continued)
Description
Amount Paid Check Total
134236 10/01/2009 000186 HANKS HARDWARE INC misc hardware supplies:city hall 157.06
misc hardware supplies:mpsc 44.09
misc hardware supplies:mpsc 192.29
misc hardware supplies:tcc 13.23
misc hardware supplies:info sys 6.50
misc hardware supplies:c. museum 73.03
misc hardware supplies:library 2.12
misc hardware supplies:var park sites 880.07
misc hardware supplies:fs#12 397.51
misc hardware supplies:harveston park 18.78
misc supplies:pw maint crews 18.29
misc hardware supplies:recreation 122.52
misc equipment:b &s dept 3.24 1,928.73
134237 10/01/2009 013099 HAVEN TECHNOLOGY CORP Speaker:theater ticket window 1,002.11 1,002.11
134238 10/01/2009 000963 HOGAN, DAVID Retirement Medical Payment 699.00 699.00
134239 10/01/2009 010210 HOME DEPOT SUPPLY INC, THE misc supplies:var park sites 31.29
small tools /equip:various parks 28.21 59.50
134240 10/01/2009 006492 HRUSKA, ROSEANN Retirement Medical Payment 357.59 357.59
134241 10/01/2009 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 7,313.71 7,313.71
303355
134242 10/01/2009 004406 IGOE COMPANY INC Aug flex benefit plan pmt 294.00
credit:Aug flex benefit plan pmt -42.00
Sep flex benefit plan pmt 264.00
credit:Sep flex benefit plan pmt -12.00 504.00
134243 10/01/2009 006914 INNOVATIVE DOCUMENT Aug Copier Maint,Repair,Usage:Library 610.62
SOLUTIONS
Aug Copier MaintlUsage:Citywide 4,519.66 5,130.28
134244 10/01/2009 001407 INTER VALLEY POOL SUPPLY chemical supplies:aquatics 551.53 551.53
INC
134245 10/01/2009 003266 IRON MOUNTAIN OFFSITE Storage /Fees:City /Is Backup Tape 351.38 351.38
134246 10/01/2009 004884 J W REDWOOD LUMBER CO misc supplies lumber:old town 99.34 99.34
INC
134247 10/01/2009 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 300.00 300.00
Pagea
apChkLst Final Check List Page: 6
10/01/2009 1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor
134262 10/01/2009 012580 MINUTEMAN PRESS
134263 10/01/2009 012264 MIRANDA, JULIO C.
134264 10/01/2009 001892 MOBILE MODULAR
134265 10/01/2009 011329 MOGHADAM, ALI
(Continued)
Description
business cards: Capt. B. Owens 74.39
business cards: front reception 45.37
2 stamps: b &s dept 52.20
TCSD Instructor Earnings
TCSD Instructor Earnings
9/13 -10/12 modular lease: The Pantry
Amount Paid Check Total
134248 10/01/2009 009336 KOPIE SHOP LLC promo items:theater 538.48 538.48
134249 10/01/2009 000209 L M FERTILIZER INC misc parts supplies:pw maint 44.17 44.17
134250 10/01/2009 012945 LABELLE- MARVIN INC Material Test:Citywide Slurry Seal 17,105.00 17,105.00
134251 10/01/2009 012164 LECLERC, JOHN MICHAEL entertain:hot summer nights 9/4 250.00 250.00
134252 10/01/2009 000482 LEIGHTON CONSULTING INC Jun -Aug Geotech Svc:Pech Pkwy 3,901.50 3,901.50
134253 10/01/2009 003726 LIFE ASSIST INC Emerg. Medical Supplies:Medics 179.04
Emerg. Medical Supplies:Medics 310.01 489.05
134254 10/01/2009 004087 LOWES INC misc supplies:old town theater 13.65 13.65
134255 10/01/2009 004813 M J PAUL ENTERPRISES INC Entertainment:FAM night 8/14 424.00 424.00
134256 10/01/2009 004013 M M REFRIG., HEATING A -C Res Impry Prgm:Anderson 3,978.00 3,978.00
134257 10/01/2009 004141 MAINTEX INC Misc custodial supplies:foc 6.74 6.74
134258 10/01/2009 012269 MARQUEZ, JOSEPH Htl deposit:NAYC conf 11)7 -11/09 312.74 312.74
134259 10/01/2009 011909 MCFARLIN ANDERSON LLP Legal srvcs:roripaugh cfd 03-02 2,520.00 2,520.00
134260 10/01/2009 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 7,923.96 7,923.96
134261 10/01/2009 007210 MIDORI GARDENS mainline repairs: wolf creek prk 8/5 285.42 285.42
714.00
588.00 1,302.00
1,042.91 1,042.91
Retirement Medical Payment 654.72 654.72
Page:6
171.96
apChkLst Final Check List Page: 7
10/01/2009 1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
(Continued)
Check Date Vendor Description Amount Paid Check Total
134266 10/01/2009 012941 MONSTER MURAL LLC, THE Shipping fees:old town mural 400.00 400.00
134267 10/01/2009 013173 MURPHY, DEBI refund:citation #3170 150.00 150.00
134268 10/01/2009 001986 MUZAK- SOUTHERN CALIFORNIA Oct music broadcast:Old Town 69.11 69.11
134269 10/01/2009 013126 MUZIK t-shirts:Jr. Novice Tennis Tournament 1,161.00 1,161.00
134270 10/01/2009 002925 NAPA AUTO PARTS City veh. parts /supplies: Sta 84 25.97 25.97
134271 10/01/2009 013177 NAT'L ASSN OF YOUTH COURTS NAYC Cf 11/8 -11/09 Marquez /Southern 650.00 650.00
INC
134272 10/01/2009 005333 NATIONAL ASSOC CITIZENS- Citizen Patrol Cf:(8) CAP volunteers 120.00 120.00
PATROL
134273 10/01/2009 000727 NATIONAL FIRE PROTECTION Promo items:fire prevention 388.17 388.17
ASSN
134274 10/01/2009 005006 NBS GOVERNMENT FINANCE Spcl tax admin srvcs:CFD's 10,459.29 10,459.29
GROUP
134275 10/01/2009 000233 NELSON, SHAWN reimb: Sept '09 internet services 44.99 44.99
134276 10/01/2009 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:children's museum 32.55 32.55
DIV
134277 10/01/2009 002105 OLD TOWN TIRE SERVICE
City Vehicle Maint Svcs:Bldg Safety
City Vehicle Maint Svcs:TCSD
City Vehicle Maint Svcs:TCSD
City Vehicle Maint Svcs:TCSD
City Vehicle Maint Svcs:TCSD
City Vehicle Maint Svcs:PW GIP
City Vehicle Maint Svcs:PW Traffic
City Vehicle Maint Svcs:PW Maint
City Vehicle Maint Svcs:PW Land Dev
City Vehicle Maint Svcs:City Mgr
578.18
58.21
36.57
31.61
653.95
36.57
190.06
36.57
180.45
479.28
2,281.45
134278 10/01/2009 013171 ORTEGA, VINCENT refund:high hopes excur 4400.201 12.80 12.80
134279 10/01/2009 010906 P C R SERVICES CORPORATION Aug Air Quality Consulting:Planning 8,483.50 8,483.50
Page:7
apChkLst
10/01/2009
Final Check List
1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date
Vendor
(Continued)
Description
134280 10/01/2009 003955 PANE CONSULTING SERVICE Promo items:sister city pgrm
(PCS)
Promo items:sister city pgrm
134281 10/01/2009 012833 PC MALL GOV, INC. (75) Monitors:lnfo Sys
134282 10/01/2009 001958 PERS LONG TERM CARE PERS Long Term Care Payment
PROGRAM
134283 10/01/2009 010338 POOL ELECTRICAL PRODUCTS pool supplies/chemicals: crc tes pools
INC
134284 10/01/2009 005820 PRE -PAID LEGAL SERVICES INC PrePaid Legal Services Payment
134285 10/01/2009 013081 PRIORITY DOOR SYSTEMS
Bay door repair: Stn 73
134286 10/01/2009 005075 PRUDENTIAL OVERALL SUPPLY Aug uniform /flr mts/twl rentals:city
credit:billing adj /city hall
credit:billing adj /PW Maint
Uniform equip:police patches
TCSD Instructor Earnings
Aug dsgn:redhawk parks improv
134287 10/01/2009 008024 QUARTERMASTER INC
134288 10/01/2009 011706 QUINN, AMY
134289 10/01/2009 004029 R J M DESIGN GROUP INC
134290 10/01/2009 000262 RANCHO CALIF WATER DISTRICT sept:01 -04- 47069 -1 margarita rd
134291 10/01/2009 004584 REGENCY LIGHTING
134292 10/01/2009 003591 RENES COMMERCIAL
MANAGEMENT
134293 10/01/2009 002110 RENTAL SERVICE
CORPORATION
sept:01- 0474088 -3 margarita rd
sept:01- 04-87360 -1 rancho cal rd
sept:01- 15- 00101 -2 win creek ave
sept:01- 15- 01500 -2 margarita rd
sept:01 -20- 90000 -2 de portola rd
sept:01- 23- 00178 -3 butterfield stage
sept:01- 21- 05000 -3 channel st
sept:01 -20- 90005 -2 de portola rd
Misc electrical supplies:var park sites
Trash weed abatement:City R -O -Ws
Amount Paid
737.25
1,344.44
17,562.25
169.04
37.56
408.55
597.63
1,834.47
106.26
499.29
366.96
336.00
1,768.23
53.60
71.99
113.69
406.72
388.97
200.21
59.47
998.51
84.69
383.02
2,370.00
Page: 8
Check Total
Page:8
2,081.69
17,562.25
169.04
37.56
408.55
597.63
1,228.92
366.96
336.00
1,768.23
2,377.85
383.02
2,370.00
Tool and equipment rental: PW Maint 8.66 8.66
apChkLst Final Check List Page: 9
10/01/2009 1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
(Continued)
Check Date Vendor Description Amount Paid Check Total
134294 10/01/2009 013175 RIVER SPRINGS CHARTER refund:sec dep:crc 150.00 150.00
SCHOOL
134295 10/01/2009 000353 RIVERSIDE CO AUDITOR FY 09 -10 LAFCO assessment fees 7,183.39 7,183.39
134296 10/01/2009 000353 RIVERSIDE CO AUDITOR Aug '09 parking citation assessments 6,795.00 6,795.00
134297 10/01/2009 001592 RIVERSIDE CO INFO Aug radio rental maint:police/prk 1,568.58 1,568.58
TECHNOLOGY
134298 10/01/2009 000406 RIVERSIDE CO SHERIFFS DEPT 7/16- 8 /12 /09:lawenforcement 1,338,109.78
Aug '09 booking fees 1,721.61 1,339,831.39
134299 10/01/2009 000406 RIVERSIDE CO SHERIFFS DEPT F.I.T. Walk patrol srvcs 9/13/09 779.15 779.15
134300 10/01/2009 001365 RIVERSIDE COUNTY OF 11/09 -10/10 renew permit:crc /ar0024155 688.00 688.00
134301 10/01/2009 004822 RIVERSIDE TRANSIT AGENCY Aug co-op agrmnt pmt:temecula trolley 25,000.00 25,000.00
134302 10/01/2009 013172 ROMAIN, LISA A. refund:sec dep: RRSP 150.00 150.00
134303 10/01/2009 000815 ROWLEY, CATHY TCSD Instructor Earnings 350.00
TCSD Instructor Earnings 35.00
TCSD Instructor Earnings 140.00
TCSD Instructor Earnings 385.00
TCSD Instructor Earnings 525.00
TCSD Instructor Earnings 490.00
TCSD Instructor Earnings 112.00 2,037.00
134304 10/01/2009 005329 SAFE ALTERNATIVE FOR FY 09/10 Council Comm.Srvc.Funding 4,000.00 4,000.00
EVERYONE
134305 10/01/2009 007582 SAFEGUARD DENTAL VISION SafeGuard Vision Plan Payment 996.80 996.80
134306 10/01/2009 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50
134307 10/01/2009 008529 SHERIFFS CIVIL DIV- CENTRAL Support Payment 408.56 408.56
134308 10/01/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment
200.00 200.00
Page9
apChkLst Final Check List Page: 10
10/01/2009 1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor
134311 10/01/2009 009213 SHERRY BERRY MUSIC
134312 10/01/2009 009746 SIGNS BY TOMORROW
134313 10/01/2009 000645 SMART FINAL INC
134314 10/01/2009 000537 SO CALIF EDISON
(Continued)
Description
134309 10/01/2009 008529 SHERIFFS CIVIL DIV CENTRAL Support Payment
134310 10/01/2009 008529 SHERIFF'S CIVIL DIV CENTRAL Support Payment
Three Divas? theater settlement
Jazz the Merc 9/17/09
Event banners stand:TCSD
Misc supplies:rythm dance 9/19/09
Hospitality supplies:theater
sept:2- 20-817 -9929 Police O.T. Stn
sept:2- 31- 693 -9784 ynez rd
aug:2 -31 -693 -9784 ynez rd
sept:2 -31- 031 -2616 diaz rd ped
sept:2 -29- 807 -1093 Irrigation Diaz Rd
sept:2 -29 -657 -2787 Winchester Rd
sept:2 -14- 204 -1615 Front St Rdio
sept:2 -31- 282 -0665 diaz rd ped
sept:2- 29- 223 -8607 Old Twn PED
sept:2- 25- 393 -4681 TES Pool
sept:2- 29- 953 -8249 Wolf Crk Dr PED
sept:2- 29- 953 -8082 Wolf Valley
sept:2- 29- 458 -7548 Wolf Crk PED
sept:2- 29- 295 -3510 Wolf Vlly
sept:2 -27 -371 -8494 Offsite Storage
sept:2 -29- 224 -0173 Fire Stn
sept:2 -30 -520 -4414 tem pkwy
sept:2 -21- 981 -4720 Hwy 79S
sept:2- 28- 904 -7706 Overland Trail
sept:2 -31- 404 -6020 old town front st
sept:2 -19- 171 -8568 Wedding Chpl
sept:2 -00- 397 -5042 City Hall
sept:2 -02 -351 -4946 MPSC
sept:2 -18- 937 -3152 T.Museum
sept:2- 31- 419 -2873 hwy 395
sept:2- 29- 933 -3831 FOC
sept:2 -29- 807 -1382 Irrigation Meter
sept:2 -29- 807 -1226 Diaz Rd Irrigation
Amount Paid Check Total
100.00 100.00
100.00 100.00
566.25
304.50 870.75
526.37 526.37
42.67
131.19 173.86
371.85
378.97
341.05
18.73
20.23
19.20
41.47
21.05
528.09
670.68
19.84
22.84
225.55
1,784.96
27.89
2,852.33
289.11
35.88
164.04
1,566.84
62.66
9,685.12
2,477.37
1,410.83
19.20
3,156.49
21.12
19.18 26,252.57
Pagel 0
apChkLst
10/01/2009
Final Check List
1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date
Vendor
134315 10/01/2009 001212 SO CALIF GAS COMPANY
134316 10/01/2009 002503 SOUTH COAST AIR QUALITY
134317 10/01/2009 000519 SOUTH COUNTY PEST CONTROL Pest control: richmond amer slopes
INC
134318 10/01/2009 007762 STANDARD INSURANCE
COMPANY
134319 10/01/2009 012723 STANDARD INSURANCE
COMPANY
134320 10/01/2009 012188 STRONG FAMILIES
134321 10/01/2009 007698 SWANK MOTIONS PICTURES,
INC.
134322 10/01/2009 000305 TARGET BANK BUS CARD SRVCS
134323 10/01/2009 001547 TEAMSTERS LOCAL 911
134324 10/01/2009 012265 TEMECULA ACE HARDWARE C/O Aug supplies:var park sites
134325 10/01/2009 011736 TEMECULA TROPHY INC
134326 10/01/2009 000306 TEMECULA VALLEY PIPE
SUPPLY
134327 10/01/2009 004274 TEMECU LA VALLEY SECURITY
CENTR
134328 10/01/2009 000668 TIMMY D PRODUCTIONS INC
134329 10/01/2009 012725 TRZOP, NICHELLE
(Continued)
Description
sept:184 -130- 6150 -0 pujol st
sept:091- 085 1632 -0 T.E.S. Pool
sept:091- 024 9300 -5 CRC
sept:101- 525 0950 -0 TCC
sept:133- 040 7373 -0 Maint Fac
Sept 101 525 1560 -6 Fire Stn 73
sept:129 582 9784 3 FOC
Air quality services fee: Stn 84
Air quality fees: Stn 84
credit:billing adj /richmond am er slopes
Mandatory Life Insurance Payment
Voluntary Supp Life Insurance Payment
TCSD Instructor Earnings
"Wall- E "rental:movies /park 8/21
"Madagascar 2" rental:m ovies /park 8/7
Misc supplies: Harvest Carnival
Union Dues Payment
Commission recogn awards
Maint supplies:Harveston Lake
locksmith srvcs: var park sites
Sound tech srvcs:volunteer recog. 9/9
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
Amount Paid
147.72
241.38
595.67
15.64
19.27
53.74
18.36
86.69
109.00
94.00
-10.00
9,841.96
611.50
14.00
421.00
421.00
94.76
5,026.00
20.13
430.65
3.45
214.24
750.00
1,411.20
940.80
940.80
Page: 11
Check Total
Page:11
1,091.78
195.69
84.00
9,841.96
611.50
14.00
842.00
94.76
5,026.00
20.13
430.65
3.45
214.24
750.00
3,292.80
apChkLst Final Check List Page: 12
10/01/2009 1:34:30PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
(Continued)
Check Date Vendor Description Amount Paid Check Total
134330 10/01/2009 001561 U S A MOBILITY WIRELESS INC Sept: paging /rental svcs 143.12 143.12
134331 10/01/2009 008517 UNITED SITE SERVICES OF 9/10 -10/7 fence rental:Main St Bridge 26.64 26.64
CA,INC
134332 10/01/2009 000199 UNITED STATE TREASURY Support Payment 250.00 250.00
134333 10/01/2009 000325 UNITED WAY United Way Charities Payment 36.00 36.00
134334 10/01/2009 004261 VERIZON sept:xxx -5696 Sports Complex 35.52
sept:xxx -3526 fire alarm 106.54
sept:xxx -9196 tcc 535.05
sept:xxx -2016 reverse 911 120.33
sept:xxx -5706 Field OPS Cntr 181.06
sept:xxx -2676 general usage 35.52 1,014.02
134335 10/01/2009 012292 VIAMEDIA INC Advertising: Street Painting Festival 2,185.54 2,185.54
134336 10/01/2009 010487 WATSON, LUKE reimb:business phone usage 52.50 52.50
134337 10/01/2009 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:crc /foc 236.10 236.10
134338 10/01/2009 009173 WORD MILL PUBLISHING Advertising:senior health fair 2009 375.00 375.00
134339 10/01/2009 000348 ZIGLER, GAIL reimb:team pace event 9/24/09 67.50 67.50
Grand total for UNION BANK OF CALIFORNIA:
7,246,472.17
Page:12
apChkLst Final Check List Page: 13
10/01/2009 1:34:30PM CITY OF TEMECULA
169 checks in this report. Grand Total All Checks:
7,246,472.17
Page:13
apChkLst Final Check List Page: 1
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor Description Amount Paid Check Total
134340 10/02/2009 013180 GROGG, JEFF AND LISA release claim agreement payment 3,039.41 3,039.41
134341 10/08/2009 012587 1ST RECON BN Council Csf:lst Recon Adopt Comm 275.00 275.00
134342 10/08/2009 004973 ABACHERLI, LINDI TCSD instructor earnings 800.00 800.00
134343 10/08/2009 013194 ABBOTT LABORATORIES refund:sec dep:picnic shelter RRSP 150.00 150.00
134344 10/08/2009 003951 ALL AMERICAN ASPHALT Sep Prog Pmt:Pechanga Pkwy li 27,342.00 27,342.00
134345 10/08/2009 006915 ALLIE'S PARTY EQUIPMENT Rental Equip:Youth Media Fest 9/12 187.79
Rental Equipment:Teen Dances 225.11 412.90
134346 10/08/2009 012943 ALPHA MECHANICAL SERVICE replace condensor fan motor:crc 660.47 660.47
INC
134347 10/08/2009 013015 ALWAYS RELIABLE BACKFLOW Backflow Test:39569 Seraphina 22.00 22.00
134348 10/08/2009 013195 AMERICAN AGCREDIT refund:engineer refundable dep 90,390.00 90,390.00
134349 10/08/2009 004240 AMERICAN FORENSIC NURSES phlebotomy svcs:CHP police 197.50
phlebotomy svcs:TE police 316.00 513.50
134350 10/08/2009 000936 AMERICAN RED CROSS lifeguards certification cards 344.00 344.00
134351 10/08/2009 002187 ANIMAL FRIENDS OF THE Aug Animal control services
VALLEYS
134352 10/08/2009 001323 ARROWHEAD WATER INC
drinking water:crc
drinking water:skate park
drinking water:history museum
drinking water:TCC
drinking water:childrens museum
drinking water:theater
drinking water:Library
drinking water:west wing
drinking water:city hall
drinking water:FOC
bottled water svcs:aquatics
bottled wtr svcs:city council ofc
13,000.00 13,000.00
63.75
8.69
18.05
21.33
27.84
64.78
55.03
161.66
282.07
102.36
4.34
12.56
Page:1
822.46
apChkLst Final Check List Page: 2
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
(Continued)
Check Date Vendor Description Amount Paid
134353 10/08/2009 002648 AUTO CLUB OF SOUTHERN membership:Vedra, Donna 47.00
CALIF
Check Total
membership:Camberos, Dino 47.00
membership:Norman, Flint 47.00
membership:Gonzalez, Gustavo 47.00 188.00
134354 10/08/2009 012938 B T WORKS INC Prog Pmt #2:Citywide Concrete Repairs 54,822.96
credit:CO#2:citywide concrete repairs 9,818.82 45,004.14
134355 10/08/2009 002541 BECKER CONSTRUCTION SRVS R &R work:30261 santa cecilia 2,325.00
INC
street maint:46133 via las tranquila 2,265.00 4,590.00
134356 10/08/2009 004040 BIG FOOT GRAPHICS marketing materials:recycling pgrm 565.00 565.00
134357 10/08/2009 012583 BLANCAY PRICE Ldscp Plan Ck /Inspec:PIng 2,900.00 2,900.00
134358 10/08/2009 013181 BOTELLO, MARGARET reimb:dog house classesNRMS 8.00 8.00
134359 10/08/2009 003138 CAL MAT asphalt:citywide street repairs 411.03 411.03
134360 10/08/2009 000502 CALIF MUNI STATISTICS city debt stmt as of 6/30/09 850.00 850.00
134361 10/08/2009 004971 CANON FINANCIAL SERVICES, Sep copier lease agrmnt:fire 182.55
INC
Oct copier lease agrmnt:fire 182.55 365.10
134362 10/08/2009 009640 CERTIFION CORPORATION Jul Entersect Police Online Database 167.90
Aug Entersect Police Online Database 176.85 344.75
134363 10/08/2009 013186 CHADD, MARY refund:gift cert 2222.101 125.00 125.00
134364 10/08/2009 000137 CHEVRON AND TEXACO City vehicles fuel:CM 295.59 295.59
134365 10/08/2009 012902 CHOUCAIR, CAROLE FARID Mosaic Mural Art Work:Civic Center 16,000.00 16,000.00
134366 10/08/2009 004609 CINTAS DOCUMENT document shredding sys:citywide 128.64 128.64
MANAGEMENT
134367 10/08/2009 008594 COMMUNITY BANK Rel /Escrow:Pech. Pkwy Ph II 3,038.00 3,038.00
134368 10/08/2009 006303 CONDUIT NETWORKS, INC Install Wireless Link:Tcc To Safehse 1,983.29
network svcs /maint:info sys 81.25 2,064.54
Page2
apChkLst Final Check List Page: 3
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor
134369 10/08/2009 001264 COSTCO WHOLESALE
134370 10/08/2009 013016 CR STUDIO 4
134371 10/08/2009 012940 CRAWFORD, LILLIAN
(Continued)
Description
refresh. /supplies:college fair 9/26
TCSD instructor earnings
TCSD instructor earnings
sttlmnt:Gospel...Merc 9/19,26
Amount Paid Check Total
504.32 504.32
136.50
227.50 364.00
84.00 84.00
134372 10/08/2009 011870 CRIME SCENE STERI CLEAN, LLC trauma clean -up svcs:police 7/11 500.00
trauma clean -up svcs:police 8/6 500.00 1,000.00
134373 10/08/2009 010290 CROWNE HILL ELEMENTARY refund:sec dep:crc pool 150.00 150.00
134374 10/08/2009 004123 D L PHARES ASSOCIATES Oct storefront lease:police OT 2,763.09 2,763.09
134375 10/08/2009 001393 DATA TICKET INC Aug Prkg Cite Processing:Police 1,636.30 1,636.30
134376 10/08/2009 013191 DE LA CRUZ, ALMA refund:sec dep:crc mpr 150.00 150.00
134377 10/08/2009 000684 DIEHL EVANS COMPANY LLP RDA wkshp:GR /RG 10/20 500.00 500.00
134378 10/08/2009 013182 DISNEY DESTINATIONS, LLC '09 youth court prgm:police:JM /KS 938.30 938.30
134379 10/08/2009 004192 DOWNS COMMERCIAL FUELING fuel for City vehicles:PW maint 964.24
INC
FUEL FOR CITY VEHICLES:CIP /LD 375.86
fuel for city vehicles:Police 71.73
fuel for city vehicles:PW CIP 111.24
fuel for city vehicles: PW Traffic 293.91
fuel for city vehicles:TCSD 1,635.37
fuel far city vehicles:windstar:tcsd 34.69
fuel for city vehicles:B &S 312.41
fuel for city vehicles:code enforce 578.33 4,377.78
134380 10/08/2009 002528 EAGLE GRAPHIC CREATIONS Plaques: Economic Development 770.93 770.93
INC
134381 10/08/2009 011203 ENVIRONMENTAL CLEANING Sep Janitorial Svcs:Var Field Loc 5,315.00 5,315.00
134382 10/08/2009 001056 EXCEL LANDSCAPE !rig Upgrade:Redhawk Medians 229.89 229.89
134383 10/08/2009 011922 FIRST AMERICAN CORELOGIC Web Database Subsc.: Code Enf 42.00 42.00
INC
Page3
apChkLst Final Check List Page: 4
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor
(Continued)
Description
Amount Paid Check Total
134384 10/08/2009 FIRST BANKCARD CENTER
FRONT STREET BAR GRILL HP reception youth media art fest 850.63
PAYPAL Tt Verisign Payflow Pro Trans 59.95
YAHOO! TRAVEL JC NLC conf 11/10 6.99
AMERICAN AIRLINES JC Airfare:NLC conf 11/10 250.40
HILTON RR HtI:SCAG RC:LA 9/2 121.00
AUTO CLUB OF SOUTHERN GY airfare agnt fee:NAYC:JM 70.00
CALIF
US AIRWAYS GY Airfare:NAYC:JM 11/7 373.40
US AIRWAYS GY Airfare:NAYC: KS 11/7 373.40
P.F. CHANGS CHINA BISTRO GY PTSC Comm. orientation 9/24 78.66 2,184.43
134385 10/08/2009 007576 FITZPATRICK, KELLY refund:ceramic pottery #3720.204 130.00 130.00
134386 10/08/2009 011967 FULL VALUE ENTERTAINMENT sttlmnt:Live...Merc9 /25 192.50 192.50
134387 10/08/2009 010326 G E MOBILE WATER, INC Sep SD rental equip:FS #73 26.10 26.10
134388 10/08/2009 003946 G T ENTERTAINMENT MC event:high hopes pgrm 10/16 200.00 200.00
134389 10/08/2009 000177 GLENNIES OFFICE PRODUCTS misc supplies:MPSC 707.53 707.53
INC
134390 10/08/2009 011880 GLOBALSTAR INC EOC satellite seNce:cm ofc 108.08 108.08
134391 10/08/2009 009608 GOLDEN VALLEY MUSIC sttlemnt:lnterpreti Temeculati 9/19 214.40 214.40
SOCIETY
134392 10/08/2009 005311 H2O CERTIFIED POOL WATER pool maint svcs:crc tes pools 900.00 900.00
SPCL.
134393 10/08/2009 013189 HANDLER, KENNETH refund:sec dep:crc mpr room 150.00 150.00
134394 10/08/2009 013185 HELMS, MARY JANE reimb:dog house classesNRMS 8.00 8.00
134395 10/08/2009 001013 HINDERLITER DE LLAMAS sales tax 3rd gtr:finance 1,595.91 1,595.91
ASSOC
134396 10/08/2009 007792 HINTON, BEVERLY L. TCSD instructor earnings 112.00
TCSD instructor earnings 17.50 129.50
Page:4
apChkLst Final Check List Page: 5
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
(Continued)
Check Date Vendor Description Amount Paid Check Total
134397 10/08/2009 011625 HOLTS, ROBERT sttlemnt:R. Holts event 9/27 1,144.22 1,144.22
134398 10/08/2009 010210 HOME DEPOT SUPPLY INC, THE maint supplies: children's museum 179.47
maint supplies: children's museum 103.86 283.33
134399 10/08/2009 003198 HOME DEPOT, THE SHSGP GRANT EMERG. SUPPLIES 2,331.33 2,331.33
134400 10/08/2009 013190 HOMMEL, MIKE refund:sec dep:crc pool 150.00 150.00
134401 10/08/2009 011342 I A C ENGINEERING INC. ret. rel.:murrieta crk multi -purp trail 97,733.93 97,733.93
134402 10/08/2009 013187 IRVINE MUSEUM, THE shpg:travel exhibit:romance 8/1 -10/17 2,495.30 2,495.30
134403 10/08/2009 001186 IRWIN, JOHN TCSD instructor earnings 200.90
TCSD instructor earnings 882.00
TCSD instructor earnings 960.40 2,043.30
134404 10/08/2009 004119 J T B SUPPLY COMPANY INC School Flasher Prgm Softwre:Pw Traf 133.76 133.76
134405 10/08/2009 012285 JOHNSTONE SUPPLY B &G mech. seal:CRC 26.09 26.09
134406 10/08/2009 004481 KIMLEYHORN ASSOCIATES Aug Santiago Det. Basin Ph I 1,484.08 1,484.08
INC
134407 10/08/2009 001282 KNORR SYSTEMS INC pool equipment:CRC 3,568.56 3,568.56
134408 10/08/2009 004412 LEANDER, KERRY D. TCSD instructor earnings 1,155.00
TCSD instructor earnings 847.00
TCSD instructor earnings 630.00
TCSD instructor earnings 154.00 2,786.00
134409 10/08/2009 003726 LIFE ASSIST INC Emerg. Med Supplies:Medics 5.14
Emerg. Med Supplies:Medics 102.84 107.98
134410 10/08/2009 013188 LINFIELD CHRISTIAN SCHOOL refund:sec dep: crc pool 150.00 150.00
134411 10/08/2009 004141 MAINTEX INC Custodial supplies:theater 22.78 22.78
134412 10/08/2009 004307 MARINE BIOCHEMISTS Sep water maint srvcs:Hary /Duck Pond 3,900.00 3,900.00
134413 10/08/2009 004929 MARK FISHER COMPANY, THE '09 TV film /music graphic dsgn:Econ Dev 97.87 97.87
Pagea
apChkLst Final Check List Page: 6
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
(Continued)
Check Date Vendor Description Amount Paid Check Total
134414 10/08/2009 013192 MCCROY, CYNTHIA refund:sec dep:tcc kitchen 400.00 400.00
134415 10/08/2009 006571 MELODY'S AD WORKS INC. Oct marketing promo srvcs:old town 3,000.00 3,000.00
134416 10/08/2009 012580 MINUTEMAN PRESS (1,000) doorhngrs/violation ntcs:Cod Enf 127.68
business cards:C.DeHart 65.23
business cards:b.beers 118.05 310.96
134417 10/08/2009 000883 MONTELEONE EXCAVATING Erosion control ROW:varcity prop 16,150.00
Erosion control:diaz campus site 3,000.00 19,150.00
134418 10/08/2009 013193 NAMM CALIFORNIA refund:sec dep:tcc mpr 150.00 150.00
134419 10/08/2009 002925 NAPA AUTO PARTS equip parts:tcsd 173.20
Equip repair maint:pw maint 87.61 260.81
134420 10/08/2009 008820 NEIGHBORS NEWSPAPER Oct advertising: Quilt Show 250.00 250.00
134421 10/08/2009 008528 NICHOLS, MELBURG ROSETTO Aug Dsgn:Old Town Infrastructure 25,269.50
Aug Dsgn Srvcs:Civic Center 69,210.23 94,479.73
134422 10/08/2009 010244 NO LIMITS SILK SCREEN Softball awards:sports pgrm 69.70 69.70
134423 10/08/2009 006140 NORTH JEFFERSON BUSINESS Oct -Dec assn dues xx17: French Vly 415.13
PARK
Oct -Dec assn dues xx20: French Vly 564.02 979.15
134424 10/08/2009 002105 OLD TOWN TIRE SERVICE City Vehicle Maint Svcs:PW CIP 227.38
City Vehicle Maint Svcs:Code Enf 51.18
City Vehicle Maint Svcs:TCSD 29.95 308.51
134425 10/08/2009 001171 ORIENTAL TRADING COMPANY Misc supplies:tiny tot pgrm 50.91 50.91
INC
134426 10/08/2009 013198 ORTENZO HAYES, KRISTINE TCSD Instructor Earnings 504.00
TCSD Instructor Earnings 504.00
TCSD Instructor Earnings 378.00
TCSD Instructor Earnings 346.50
TCSD Instructor Earnings 94.50 1,827.00
134427 10/08/2009 005573 PALOMA ELEMENTARY PTA refund:sec dep: crc pool 150.00 150.00
134428 10/08/2009 002099 PASCOE MANAGEMENT LLP Oct Old Town restroom lease 826.00 826.00
134429 10/08/2009 003663 PECHANGA BAND OF LUISENO refund:sec dep:crc pool:pec school 150.00 150.00
Page:6
apChkLst Final Check List Page: 7
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
(Continued)
Check Date Vendor Description Amount Paid Check Total
134430 10/08/2009 000249 PETTY CASH Petty Cash Reimbursement 505.14 505.14
134431 10/08/2009 012689 POTTY TOTS LLC TCSD Instructor Earnings 39.90 39.90
134432 10/08/2009 012904 PRO ACTIVE FIRE DESIGN Sep plan check service: Fire Prev 5,992.79 5,992.79
134433 10/08/2009 004529 QUAID TEMECULA HARLEY- Sep veh repair maint:pd motorcycles 3,422.13 3,422.13
DAVIDSON
134434 10/08/2009 002072 RANCHO CALIF WATER DIST- add' meter:pechanga pkwy ph II 485.61 485.61
FEES
134435 10/08/2009 000262 RANCHO CALIF WATER DISTRICT sept 01- 06- 68615 -0 pujol 13.39
134439 10/08/2009 004498 REPUBLIC INTELLIGENT
sept 01- 06- 68616 -0 pujol st 157.41 170.80
134436 10/08/2009 004584 REGENCY LIGHTING Misc electrical supplies:var.city 603.24
Misc electrical supplies:t. museum 107.88 711.12
134437 10/08/2009 003591 RENES COMMERCIAL Trash &weed abatement:citywide 7,967.00 7,967.00
MANAGEMENT
134438 10/08/2009 002110 RENTAL SERVICE
CORPORATION
Tool and equip rental: PW Maint 25.97
Tool and equip rental: PW Maint 52.11 78.08
Traffic sig repair maint:pw traffic 3,900.00
Traffic sig repair maint:pw traffic 650.00 4,550.00
134440 10/08/2009 002412 RICHARDS WATSON GERSHON Aug 2009 legal services 108,081.33 108,081.33
134441 10/08/2009 010917 RICHARDSON, PATRICK reimb:business phone charges 49.25 49.25
134442 10/08/2009 013138 RISCH, VICKI G. TCSD Instructor Earnings 70.00 70.00
134443 10/08/2009 000406 RIVERSIDE CO SHERIFFS DEPT Help Ride '09 patrol services 8/29 5,529.44 5,529.44
134444 10/08/2009 001365 RIVERSIDE COUNTY OF ann'I permit:'09 Halloween Carnival 178.00 178.00
134445 10/08/2009 001097 ROADLINE PRODUCTS INC Misc maint supplies:pwtraffic 664.07 664.07
134446 10/08/2009 013183 RUIZ, DEMILYN refund:sec dep: RRSP 150.00 150.00
Page:7
apChkLst Final Check List Page: 8
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor
(Continued)
Description
134447 10/08/2009 009980 SANBORN, GWYN Country the Merc 9/19/09 585.00 585.00
134448 10/08/2009 008349 SHEA HOMES Dev. Impact Fee Reimbursement 265,815.00 265,815.00
134449 10/08/2009 009213 SHERRY BERRY MUSIC Jazz the Merc 9/24/09 231.00 231.00
134450 10/08/2009 013197 SIENNA HOTEL SPA CASINO htl:traffic sgnl wrkshp 11/17 -20 r.uribe 200.91 200.91
134451 10/08/2009 009746 SIGNS BY TOMORROW Public ntc sign posting /pa09- 0040:pin 594.00
Public ntc sign posting /marg dartolo:pin 594.00
Public ntc sign posting /marg- dartolo:pin 297.00
Public ntc sign posting /pa09- 0229:pin 148.50
Public ntc sign posting /pa09- 0040:pin 445.50
Public ntc sign posting /pa09- 0009:pin 148.50 2,227.50
134452 10/08/2009 000645 SMART FINAL INC Supplies Refreshments: Msyep 9/18 1,004.84
Supplies Refreshments:Msyep 9/26
Supplies Refreshments:Msyep 9/26
Supplies Refreshments:Msyep 9/18
134453 10/08/2009 000537 SO CALIF EDISON sept:2 -29- 974 -7899 Ynez Rd LS-3 87.70
sept:2- 29- 479 -2981 Temecula Pkwy 91.00
sept:2- 28- 629 -0507 Library 14,679.74
sept:2- 29- 953 -8447 Wlf Vlly Rd PED 19.20
sept:2 -02 -502 -8077 Maint Fac 2,833.72
sept:2- 27- 805 -3194 Theater 7,824.64
sept:2- 29- 657 -2563 Var TCSD Meters 167.34
sept 2- 31- 536 -3226 pujol 944.10
sept: 2 -31- 031 -2590 ran cal LS3 42.60
sept:2 -29 -657 -2332 Redwood Rd PED 19.20
sept:2 -00- 397 -5067 various mtrs 2,044.84
134454 10/08/2009 002503 SOUTH COAST AIR QUALITY permit fee:civic center 2,051.52
134455 10/08/2009 000519 SOUTH COUNTY PEST CONTROL Sep pest control srvcs:var park sites
INC
134456 10/08/2009 012652 SOUTHERN CALIFORNIA oct:gen phone use
oct:gen phone use
134457 10/08/2009 004163 SPORTS CHALET folding cots:Tem.Citizens Corps
134458 10/08/2009 005786 SPRINT
8/26/09 9/25/09 cellular usage/equip
Amount Paid Check Total
122.17
42.72
12.04
1,181.77
28,754.08
493.00 493.00
29.01
70.08 99.09
391.40 391.40
6,169.91 6,169.91
Page:8
2,051.52
apChkLst Final Check List Page: 9
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor
134474 10/08/2009 012797 TIME WARNER CABLE
(Continued)
Description
134461 10/08/2009 000305 TARGET BANK BUS CARD SRVCS Recreation supplies:childrens museum 49.03
Recreation supplies:childrens museum
Misc supplies:Summer Day Camp
Recreation Supplies FAM Program
Misc supplies:mpsc
134470 10/08/2009 004274 TEMECULA VALLEY SECURITY Locksmith srvcs:tcc
CENTR
Amount Paid Check Total
134459 10/08/2009 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 199.50
TCSD Instructor Earnings 94.50 294.00
134460 10/08/2009 011897 TAG /AMS INC Jul screening srvcs:HR dept 195.00 195.00
76.15
10.41
19.16
65.68
220.43
134462 10/08/2009 012265 TEMECULA ACE HARDWARE C/O Misc supplies:var park sites 9.45
Misc supplies:var park sites 18.48 27.93
134463 10/08/2009 013184 TEMECULA LUISENO refund:sec dep crc pool 150.00 150.00
134464 10/08/2009 003677 TEMECULA MOTORSPORTS LLC Veh repair maint:pd motorcycle 820.73 820.73
134465 10/08/2009 010848 TEMECULA PLANTSCAPE Sep '09 plant lease srvcs:Library 200.00 200.00
134466 10/08/2009 004209 TEMECULA SUNRISE ROTARY Jul -Sep bus bench install maint: PW 3,000.00 3,000.00
FOUND.
134467 10/08/2009 011736 TEMECULA TROPHY INC nameplate:JP Hannum 8.16 8.16
134468 10/08/2009 000515 TEMECULA VALLEY CHAMBER fy 09/10 1st qtr agreement pmt 34,065.00 34,065.00
OF
134469 10/08/2009 003067 TEMECULA VALLEY R V SERVICE Veh repair maint:pd command post 739.99 739.99
792.13 792.13
134471 10/08/2009 000919 TEMECULA VALLEY UNIFIED Jul '09 City vehicles fuel usage:B &S 167.40
SCHOOL
refund:sec dep:crc pool:TLES 150.00 317.40
134472 10/08/2009 003941 TEMECULA WINNELSON plumbing supplies: crc 10.37
COMPANY
plumbing supplies: var parks 32.73 43.10
134473 10/08/2009 010276 TIME WARNER CABLE sept:high speed internet location 58.29 58.29
refund:overpayment /inv# 5331 78.00 78.00
Page9
apChkLst Final Check List Page: 10
10/08/2009 2:31:21PM CITY OF TEMECULA
Bank union UNION BANK OF CALIFORNIA
Check Date Vendor
(Continued)
Description
134475 10/08/2009 010299 TONY TOBIN ELEMENTARY PTA refund:sec dep: crc pool
134476 10/08/2009 007766 UNDERGROUND SERVICE ALERT Sep undrgrnd svcs alert tickets:PW
134477 10/08/2009 005574 VAIL ELEMENTARY PTA
134478 10/08/2009 013196 VAN EVERY, WILLIAM
134479 10/08/2009 004261 VERIZON
refund:sec dep:crc pool
reimb:dog house classes
Amount Paid Check Total
150.00 150.00
180.00 180.00
150.00 150.00
100.00 100.00
sept:xxx -0049 general usage 35.52
sept:xxx -1999 general usage 40.81
sept: xxx -9897 general usage 88.07 164.40
134480 10/08/2009 001342 WAXIE SANITARY SUPPLY INC Misc custodial supplies:crc 292.41 292.41
134481 10/08/2009 000621 WESTERN RIVERSIDE COUNCIL Sept '09 TUMF Payment 1,290,501.68 1,290,501.68
OF
134482 10/08/2009 008402 WESTERN RIVERSIDE COUNTY Sept '09 MSHCP payment 19,380.00 19,380.00
134483 10/08/2009 000230 WILLDAN FINANCIAL SERVICES fy 09/10 public ntcs:csd rates /charges 13,214.23 13,214.23
134484 10/08/2009 004567 WITCHER ELECTRIC field improvements: p birdsall park 3,100.00 3,100.00
134485 10/08/2009 000348 ZIGLER, GAIL reimb:Art Gallery Opening 10/2 192.97 192.97
Grand total for UNION BANK OF CALIFORNIA: 2,296,123.58
Pagel 0
apChkLst Final Check List Page: 11
10/08/2009 2:31:21PM CITY OF TEMECULA
146 checks in this report. Grand Total All Checks:
2,296,123.58
Pagel 1
ITEM NO. 4
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Genie Roberts, Director of Finance
DATE: October 27, 2009
SUBJECT: Proposition 1A Securitization Program
PREPARED BY: Rudy J. Graciano, Revenue Manager
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 09
Approvals
City Attorney
Director of Finance
City Manager
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE EXECUTION AND DELIVERY OF
A PURCHASE AND SALE AGREEMENT AND RELATED
DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S
PROPOSITION 1A RECEIVABLE FROM THE STATE; AND
DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH
BACKGROUND: On June 9, 2009, Council adopted the Fiscal Year2009 -10 Operating Budget
and at the time, staff noted the State may borrow from local governments to close its fiscal year
2009 -10 budget gap by suspending the provisions of Proposition 1A.
Passed by California voters in 2004, Proposition 1A was intended to ensure local property tax
revenue remained with local governments, thereby safeguarding funding for essential public
services. The provisions of Proposition 1A can only be suspended if the Governor declares a State
fiscal hardship, and the suspension is approved by a two thirds vote of the State Legislature.
On July 28, 2009, the suspension of Proposition 1A was approved by the State Legislature and
signed by the Governor as ABX4 14 and ABX4 15 as part of the State's fiscal year 2009 -10 budget.
By suspending Proposition 1A, the State will borrow 8% of the amount of property tax revenue
apportioned to cities, counties, and special districts. For the City, this amounts to approximately
$1.5 million in fiscal year 2009 -10. The State will not be required to repay the borrowed property tax
until June 2013.
As a part of the adopted State budget, a program was created for California public agencies to
relieve the burden of loaning the State property tax revenues by authorizing the California Statewide
Communities Development Authority (California Communities) to purchase the property tax
receivable due to local agencies from the State. California Communities is a joint powers authority
created in 1988 to provide the structure for tax exempt bond issuances to local governments. It is
cosponsored by the League of California Cities and the California Association of Counties. In a
simultaneous transaction, California Communities will issue bonds and remit the cash proceeds
from the issuance to the participating local agencies in two equal installments: in January 2010 and
May 2010. The payment dates are structured to coincide with the dates that the State will be taking
property tax from local agencies.
If the City participates in the Financing Program, the City will receive 100% of the Proposition 1A
receivable due. Principal and interest on the bonds will be an obligation of the State. The City will
have no obligation with respect to the repayment of the bonds, nor any reporting, disclosure, or other
compliance obligations associated with the bonds. All issuance costs will be paid by the State. The
funds received by the City may be used for any lawful purpose of the City and are not restricted.
California Communities is the only State authorized issuer to sell these bonds. In order to
participate, the governing body of each entity must pass an authorizing resolution prior to November
6 2009 that approves the execution and delivery of the Sale Resolution, Purchase and Sale
Agreement, and other related documents. The City is not legally committed to participate until these
documents have been received by California Communities on or before November 6, 2009.
If local agencies choose not to participate in the bond securitization, they will receive repayment of
their borrowed property tax, plus interest earnings of 2 no later than June 2013.
The City's participation in the Proposition 1A Securitization Program was discussed with the Finance
Subcommittee, consisting of Council Members Edwards and Naggar, on Tuesday, October 13,
2009. The Subcommittee was supportive of the City's participation in the Program.
FISCAL IMPACT: By participating in the Financing Program, the City will ensure it receives
100% of the property tax borrowed by the State in fiscal year 2009 -10. The Proposition 1A bonds
will be issued by California Communities, and all debt service payments and costs of issuance will
be paid for by the State with no obligation on the part of the City.
ATTACHMENTS: Resolution No. 09-
Purchase and Sale Agreement dated as of November 1, 2009
Certificate of the Seller Re: Components of Proposition 1A Receivables
RESOLUTION NO.
CITY COUNCIL
OF THE
CITY OF TEMECULA
A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT
AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE
SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND
DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH
WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and
Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the
"Act certain local agencies within the State of California (the "State are entitled to receive
certain payments to be made by the State on or before June 30, 2013, as reimbursement for
reductions in the percentage of the total amount of ad valorem property tax revenues allocated to
such local agencies during the State's 2009 -10 fiscal year (the "Reimbursement Payments
which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California
Revenue and Taxation Code;
WHEREAS, the City of Temecula, a local agency within the meaning of Section 6585(f)
of the California Government Code (the "Seller is entitled to and has determined to sell all
right, title and interest of the Seller in and to its "Proposition 1A receivable as defined in
Section 6585(g) of the California Government Code (the "Proposition 1A Receivable namely,
the right to payment of moneys due or to become due to the Seller pursuant to Section
25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the
California Revenue and Taxation Code, in order to obtain money to fund public capital
improvements or working capital;
WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the
interests of its residents require;
WHEREAS, the California Statewide Communities Development Authority, a joint
exercise of powers authority organized and existing under the laws of the State the
"Purchaser has been authorized pursuant to Section 6588(x) of the California Government
Code to purchase the Proposition 1A Receivable;
WHEREAS, the Purchaser desires to purchase the Proposition 1A Receivable and the
Seller desires to sell the Proposition 1A Receivable pursuant to a purchase and sale agreement by
and between the Seller and the Purchaser in the form presented to this City Council (the "Sale
Agreement for the purposes set forth herein;
WHEREAS, in order to finance the purchase price of the Proposition 1A Receivable from
the Seller and the purchase price of other Proposition 1A Receivables from other local agencies,
the Purchaser will issue its bonds (the "Bonds pursuant to Section 6590 of the California
Government Code and an Indenture (the "Indenture by and between the Purchaser and Wells
Fargo Bank, National Association, as trustee (the "Trustee which Bonds will be payable solely
from the proceeds of the Seller's Proposition 1A Receivable and other Proposition 1A
Receivables sold to the Purchaser by local agencies in connection with the issuance of the
Bonds;
WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition 1A
Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale
and transfer of the property so transferred and not as a pledge or grant of a security interest by
City of Temecula to secure a borrowing, (ii) any such sale of its Proposition 1A Receivable to
the Purchaser shall automatically be perfected without the need for physical delivery,
recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section
9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil
Code, inclusive, shall not apply to the sale of its Proposition 1A Receivable, and (iv) after such
transfer, the Seller shall have no right, title, or interest in or to the Proposition 1A Receivable
sold to the Purchaser and the Proposition 1A Receivable will thereafter be owned, received, held
and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser;
WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in
the Proposition 1A Receivable to the Trustee and any credit enhancer to secure payment of the
Bonds;
WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to,
among other things, pay the purchase price of the Proposition 1A Receivable;
WHEREAS, the Seller will use the proceeds received from the sale of the Proposition 1A
Receivable for any lawful purpose as permitted under the applicable laws of the State;
NOW THEREFORE, the City Council of the City of Temecula hereby resolves as
follows:
Section 1. All of the recitals set forth above are true and correct, and this City
Council hereby so finds and determines.
Section 2. The Seller hereby authorizes the sale of the Proposition 1A Receivable
to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the
Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement
presented to the City Council is hereby approved. An Authorized Officer (as set forth in
Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is
hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller,
which shall be in the form presented at this meeting.
Section 3. Any Authorized Officer is hereby authorized and directed to send, or
to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable
Written Instruction notifying the State of the sale of the Proposition 1A Receivable and
instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the
Proposition 1A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written
Instruction shall be in the form presented at this meeting.
2
Section 4. The Authorized Officers and such other Seller officers, as appropriate,
are hereby authorized and directed, jointly and severally, to do any and all things and to execute
and deliver any and all documents, including but not limited to, if required, appropriate escrow
instructions relating to the delivery into escrow of executed documents prior to the closing of the
Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any
of them may deem necessary or desirable in order to implement the Sale Agreement and
otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and
all such actions heretofore taken by such officers are hereby ratified, confirmed and approved.
Section 5. All consents, approvals, notices, orders, requests and other actions
permitted or required by any of the documents authorized by this Resolution, whether before or
after the sale of the Proposition lA Receivable or the issuance of the Bonds, including without
limitation any of the foregoing that may be necessary or desirable in connection with any default
under or amendment of such documents, may be given or taken by an Authorized Officer
without further authorization by this City Council, and each Authorized Officer is hereby
authorized and directed to give any such consent, approval, notice, order or request, to execute
any necessary or appropriate documents or amendments, and to take any such action that such
Authorized Officer may deem necessary or desirable to further the purposes of this Resolution.
Section 6. The City Council acknowledges that, upon execution and delivery of
the Sale Agreement, the Seller is contractually obligated to sell the Proposition lA Receivable to
the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke
its approval of the Sale Agreement or to determine not to perform its obligations thereunder.
3
approval.
PASSED AND ADOPTED by the City Council of the City of Temecula, State of
California, this day of 2009, by the following vote:
AYES:
NOES:
ABSENT:
Attest:
City Clerk
Approved as to form
SELLER'S COUNSEL
Section 7. This Resolution shall take effect from and after its adoption and
By
Dated:
4
Mayor
APPENDIX A
CITY OF TEMECULA
Authorized Officers: Shawn Nelson, City Manager
Genie Roberts, Finance Director
any designee of any of them, as appointed in a written certificate of
such Authorized Officer delivered to the Trustee.
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
REVENUE BONDS
(STATE OF CALIFORNIA PROPOSITION 1A RECEIVABLES PROGRAM)
SERIES 2009
CERTIFICATE OF THE SELLER RE:
COMPONENTS OF PROPOSITION 1A RECEIVABLES
The undersigned, an Authorized Officer of the City of Temecula (the "Seller hereby
certifies as follows with respect to that certain Purchase and Sale Agreement, dated as of
November 1, 2009 (the "Agreement by and between the Seller and the California Statewide
Communities Development Authority (the "Purchaser as follows (all capitalized terms not
otherwise defined herein shall have the meanings ascribed thereto in the Agreement):
1. The components (the "Components of the Proposition lA Receivable listed in
Schedule I, attached hereto and incorporated herein by reference, belong to the Seller;
2. The Components are listed as they appear on the certification of the County
Auditor pursuant to Section 100.06 of the Revenue and Taxation Code;
3. By entering into the Agreement, the Seller is selling the Proposition 1A
Receivable, including all Components thereof listed in Schedule I;
4. The Seller acknowledges that the Purchase Price of the Proposition 1A
Receivable will be equal to aggregate the Initial Amounts of each Component as each such
Component is separately certified by the County Auditor; and
5. The funds or other entities listed as Components in Schedule I (other than the
Seller itself) are not independent legal entities with the power to enter into contracts.
Dated: Pricing Date
CITY OF TEMECULA
By:
Authorized Officer
Component Certificate of City of Temecula
1
ACKNOWLEDGEMENT OF SELLER'S COUNSEL
The undersigned, counsel to the Seller hereby acknowledges and confirms that the statements in
paragraphs 1 and 5 of this certificate are legally correct.
By:
Seller's Counsel
Component Certificate of City of Temecula
2
SCHEDULE I
COMPONENTS OF PROPOSITION lA RECEIVABLE
Names of Components
City of Temecula
Component Certificate of City of Temecula
Schedule I
ITEM NO. 5
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Susan W. Jones, City Clerk /Director of Support Services
DATE: October 27, 2009
SUBJECT: December Schedule for City Council Meetings
RECOMMENDATION: That the City Council direct the City Clerk to cancel the regularly
scheduled City Council Meeting of December 22, 2009 and perform the appropriate postings and
noticing requirements of the Government Code.
BACKGROUND: Since the regularly scheduled second meeting in December falls during the
Christmas holidays, December 22, 2009, it is proposed that this meeting be cancelled.
FISCAL IMPACT: None.
ATTACHMENTS: None.
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
ITEM NO. 6
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works
DATE: October 27, 2009
SUBJECT: Acceptance of certain Public Streets into the City- Maintained System within
Tract Map Nos. 23067 -3, 23067 -4, 23067 -5 (Located at Butterfield Stage Road
and Nighthawk Pass Centex Homes)
PREPARED BY: Daniel York, City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE
CITY- MAINTAINED SYSTEM (WITHIN TRACT NOS. 23067 -3, 23067-
4, AND 23067 -5)
BACKGROUND: Tract Map Nos. 23067 -3, 23067 -4, and 23067 -5 were originally
approved by the Riverside County Board of Supervisors prior to annexation of the Redhawk area
into the City of Temecula on June 30, 2005. The developer, Centex Homes, dedicated to public use
for street and public utility purposes streets designated as lettered lots on the three maps. The Tract
Maps were recorded by the County Recorder on the following dates:
Tract Map No. 23067 -3
Tract Map No. 23067 -4
Tract Map No. 23067 -5
RESOLUTION NO. 09-
December 23, 1999
June 29, 2000
June 14, 2000
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
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 three maps
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 have not been
released. The Warranty Bonds will be considered for release at the end of the one -year period in
November, 2009.
The public streets now being accepted by this action are as follows:
Tract 23067 -3
Portion of Nighthawk Pass, portion of Butterfield Stage Road, Calle Banuelos, and Longfellow
Avenue.
Tract 23067 -4
Portion of Nighthawk Pass, Channel Street, Chaote Street, Abbey Road, Love Court, Leona Court,
and Lydia Court.
Tract 23067 -5
Portion of Nighthawk Pass, portion of Chaote Street, Channel Street, Katie Court, and Short Court.
FISCAL IMPACT:
ATTACHMENTS:
Periodic surface and or structural maintenance will be required
every 5 to 8 years.
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. 23067 -3, 23067 -4, AND 23067 -5)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, Tract Map No. 23067 -3, 23067 -4, and 23067 -5 were recorded by
the County Recorder on December 23, 1999, June 29, 2000, and June 14, 2000,
respectively, 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 27th day of October, 2009.
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
Maryann Edwards, Mayor
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 27th day of October, 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 Maps 23067 -3, 23067 -4, and
23067 -5 into the City- Maintained Street System as described as
follows:
Tract Map 23067 -3
1. Lot "A" (portion of Nighthawk Pass) of said Tract Map No. 23067 -3
2. Lot "B" (portion of Butterfield Stage Road) of said Tract Map No. 23067 -3
3. Lot "C" (Calle Banuelos) of said Tract Map No. 23067 -3
4. Lot "D" (Longfellow Avenue) of said Tract Map No. 23067 -3
Tract Map 23067 -4
1. Lot "A" (portion of Nighthawk Pass) of said Tract Map No. 23067 -4
2. Lot "B" (Channel Street) of said Tract Map No. 23067 -4
3. Lot "C" (Chaote Street) of said Tract Map No. 23067 -4
4. Lot "D" (Abbey Road) of said Tract Map No. 23067 -4
5. Lot "E" (Love Court) of said Tract Map No. 23067 -4
6. Lot "F" (Leona Court) of said Tract Map No. 23067 -4
7. Lot "G" (Lydia Court) of said Tract Map No. 23067 -4
Tract Map 23067 -5
1. Lot "A" (portion of Nighthawk Pass) of said Tract Map No. 23067 -5
2. Lot "B" (portion of Chaote Street) of said Tract Map No. 23067 -5
3. Lot "C" (portion of Channel Street) of said Tract Map No. 23067 -5
4. Lot "D" (Katie Court) of said Tract Map No. 23067 -5
5. Lot "E" (Short Court) of said Tract Map No. 23067 -5
EXHIBIT "B" TO RESOLUTION NO. 2009-
TRACT MAP 23067 -3
VICINITY MAP
NO SCALE
SHEET 1 OF 3
V
EXHIBIT "B" TO RESOLUTION NO. 2009-
TRACT MAP 23067 -4
VICINITY MAP
NO SCALE
SHEET 2OF3
EXHIBIT "8" TO RESOLUTION NO. 2009-
TRACT MAP 23067 -5
VICINITY MAP
NO SCALE
SHEET 3OF3
ITEM NO. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works
DATE: October 27, 2009
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
SUBJECT: Interstate 15 State Route 79 South Ultimate Interchange, Project No. PW04 -08
Amendment No. 1 to Design Cooperative Agreement with the State of California,
Department of Transportation
PREPARED BY: Amer Attar, Principal Engineer CIP
Avlin R. Odviar, Senior Engineer— CIP
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AN AMENDMENT TO EXTEND THE
TERMINATION DATE AND CORRECT THE POSTMILES OF
AGREEMENT NO. 08 -1249, A DESIGN COOPERATIVE
AGREEMENT BETWEEN THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
TEMECULA FOR THE DESIGN OF IMPROVEMENTS TO THE
EXISTING INTERCHANGE ON INTERSTATE 15 AT STATE ROUTE
79 SOUTH
BACKGROUND: On December 7, 2004, City Council adopted Resolution No. 04 -124
which approved a design cooperative agreement (Agreement), No. 08 -1249, between the State of
California, Department of Transportation (Caltrans) and the City of Temecula. The Agreement set
the terms and conditions for developing, designing, and financing the Interstate 15 State Route 79
South Ultimate Interchange, Public Works Project No. PW04 -08. Unless the term is extended, the
Agreement will terminate on December 31, 2009.
FISCAL IMPACT: None.
ATTACHMENTS: 1. Resolution 09- 2. Amendment No. 1 to Agreement 08 -1249.
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AN AMENDMENT TO
EXTEND THE TERMINATION DATE AND CORRECT THE
POSTMILES OF AGREEMENT NO. 08 -1249, A DESIGN
COOPERATIVE AGREEMENT BETWEEN THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION
AND THE CITY OF TEMECULA FOR THE DESIGN OF
IMPROVEMENTS TO THE EXISTING INTERCHANGE ON
INTERSTATE 15 AT STATE ROUTE 79 SOUTH
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City of Temecula (City) has entered into a Design Cooperative
Agreement, District Agreement No. 08 -1249 (Agreement), with the State of California,
Department of Transportation (Caltrans) for the development, design, and financing of
the Interstate -151 State Route 79 South Ultimate Interchange, Public Works Project No.
PW04 -08.
Section 2. Said Agreement will terminate on December 31, 2009 unless
extended through a mutually agreed amendment.
Section 3. The City and Caltrans desire to amend said Agreement to extend
the term to December 31, 2015.
Section 4. The City and Caltrans desire to amend said Agreement to correct
the postmiles to read 3.0/4.0.
Section 5. The City and Caltrans desire to maintain all other terms and
conditions of said Agreement.
Section 6. AMENDMENT NO. 1 TO AGREEMENT NO. 08 -1249, District
Agreement No. 08 -1249 A /1, be and is hereby approved, and the Mayor is hereby
authorized and directed to execute said Amendment, and the City Clerk is hereby
authorized and directed to attest to the Mayor's signature.
Section 7. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 27th day of October, 2009.
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
Maryann Edwards, Mayor
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 27th day of October, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
AMENDMENT NO. 1 TO AGREEMENT NO. 08-1249
This AMENDMENT NO. 1 to AGREEMENT NO. 08-1249, entered into effective on
2009, is between the STATE OF CALIFORNIA, acting by and
through its Department of Transportation, referred to herein as "STATE," and the
RECITALS
08-Riv- I 5-PM 3.0/4.0
Modify Existing Interchange
On 1 -15 at SR -79S
EA 432300
District Agreement No. 08 -1249 A/I
CITY OF TEMECULA, a body politic and a
municipal corporation of the State of California,
referred to herein as "CITY."
I. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are
authorized to enter into a Cooperative Agreement for improvements to the State Highway
System (SHS) within the city of Temecula, county of Riverside.
2. The parties hereto entered into Agreement No. 08 -1249, on December 7, 2004, said
Agreement defining the terms and conditions for improvements consisting of modifying
existing interchange on Interstate 15 at State Route 79 South, referred to herein as
"PROJECT."
3. It has been determined that PROJECT will not be completed prior to the termination date
of said Agreement.
4. It has also been determined that the Post Miles on the original agreement need to be
extended from 3.2/3.7 to 3.0/4.0.
1
IT IS THEREFORE MUTUALLY AGREED:
District Agreement No. 08 -1249 A/I
1. The termination date specified in Article 13 of Section I11 of said Agreement shall now
be December 31, 2015 instead of December 31, 2009.
2. The Post Miles shown on the original Agreement are hereby corrected to read Post Miles
3.0/4.0.
3. All other terms and conditions of said Agreement No. 08 -1249 shall remain in full force
and effect.
4. This Amendment No. 1 to Agreement is hereby deemed to be a part of Agreement
No. 08 -1249.
SIGNATURES ON FOLLOWING PAGE:
2
STATE OF CALIFORNIA CITY OF TEMECULA
DEPARTMENT OF TRANSPORTATION
RANDELL H. IWASAKI
Director of Transportation
By:
RAYMOND W. WOLFE, PhD
District Director Attest:
3
District Agreement No. 08 -1249 A/I
By:
MARYANN EDWARDS
Mayor
SUSAN W. JONES, CMC
City Clerk
CERTIFIED AS TO FUNDS: APPROVED AS TO FORM AND
PROCEDURE:
By: By:
LISA PACHECO PETER M. THORSON
District Budget Manager City Attomey
ITEM NO. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Gregory J. Butler, Director of Public Works
DATE: October 27, 2009
PREPARED BY: Amer Attar, Principal Engineer
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for the Winchester Road/ Highway 79 North Corridor
Beautification, Project No. PW06 -15
RECOMMENDATION: That the City Council approve the plans and specifications and
authorize the Department of Public Works to solicit construction bids for the Winchester Road/
Highway 79 North Corridor Beautification, Project No. PW06 -15.
BACKGROUND: The Winchester Road/ Highway 79 North Corridor Beautification project will
improve the existing raised concrete medians along Winchester Road with landscaping, hardscape,
irrigation, and architectural embellishments. In addition, left turn pockets will be extended to increase
their capacity and reduce the spillover of vehicles into through lanes. The work include the removal
of the concrete in the medians, removal of the median curbs where the left turn pockets are to be
extended, the installation of median curbs, aggregate base and asphalt concrete, stamped concrete,
traffic loops and striping. The work will also include the planting of trees, shrubs, and groundcover,
and the installation of an automatic irrigation system.
This project is partially funded with a Transportation Enhancement (TE) federal grant. The City just
received federal authorization to proceed with construction. The project plans and specifications are
complete and the project is ready to be advertised for construction bids. The contract documents are
available for review in the Director of Public Works' office.
The Engineer's Construction Estimate for the project is 1,800,000.
FISCAL IMPACT: The Winchester Road/ Highway 79 North Corridor Beautification,
Project No. PW06 -15, is identified in the City's Capital Improvement Program, Fiscal Years 2010-
2014. The project is funded with Capital Project Reserves, Development Impact Fees (DIF) Streets,
Roripaugh Ranch CFD, and a federal Transportation Enhancement (TE) grant. Adequate funds are
available in Account No. 210 165 638 -5804.
ATTACHMENTS: 1. Project Location and Description
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ITEM NO. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works
DATE: October 27, 2009
Approvals
City Attorney
Director of Finance
City Manager
SUBJECT: Temporary Street Closure for the 'Harvest Festival' Event in Old Town (Sixth
Street between Old Town Front Street and Mercedes Street) at the request of
the RDA /Old Town City Council Steering Subcommittee Members Mayor
Edwards and Council Member Roberts
PREPARED BY:
Dan York, City Engineer
Steve Charette, Associate Engineer
Christine Damko, Economic Development Analyst
RECOMMENDATION: That the City Council receive and file the following proposed action
by the City Manager:
Temporarily close a portion of Sixth Street for the
`HARVEST FESTIVAL IN OLD TOWN' EVENT
BACKGROUND: The proposed Harvest Celebration event was brought forward to the RDA /Old
Town City Council Steering Committee on October 12, 2009. The Steering Committee supported the
event. It was recommended that there be signage on Front St. advertising that Sixth St. businesses
are open and can be accessed via Mercedes St. and appropriate public safety personnel are
present at the event. Staff will ensure that both these requests are incorporated into the Special
Event Permit approval.
The Old Town Temecula Association proposes to host the First Annual Old Town Harvest
Celebration in conjunction with the Farmer's Market on November 7 14 and 21 The event
necessitates the physical closure of Sixth Street between Old Town Front Street and Mercedes
Street and related detouring. The street closure will serve to accommodate and provide the free
movement of pedestrian traffic by minimizing potential vehicular pedestrian conflicts.
The event time will be consistent with the Farmers' Market hours, 8:OOam to 12:30 and will feature
games, farmers selling fresh fruit, vegetables, and flowers. The event will also sponsor a food drive.
The specific limits of the closure for Sixth Street are between Old Town Front and the westerly edge
of the driveway entrance to Del Rio Bakery parking lot (41920 Sixth Street). The parking lot will
remain open for customers and merchants to conduct regular business. The actual street closure
will occur between 6:00 AM and 2:00 PM to allow time for detour /barricade setup and removal.
Under Vehicle Code Section 21101, "Regulation of Highways local authorities, for those highways
under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other
instances, "temporary closing a portion of any street for celebrations, parades, local special events,
and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is
necessary for the safety and protection of persons who are to use that portion of the street during
the temporary closing
Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards
and procedures for special events on public streets, highways, sidewalks, or public right of way and
authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for
these special events.
FISCAL IMPACT: The costs of police and for provision, placement, and retrieval of
necessary warning and advisory devices by the Temecula Community Services Department and the
City Public Works Maintenance Division are included in budgetary items.
ATTACHMENTS:
1. Location Map
HARVEST FESTIVAL
VICINI T V MAP
LEGEND
STREET CLOSURE
BARRICADE
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NO. 10
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
The Temecula Community Services District Meeting convened at 7:39 PM.
CALL TO ORDER: President Chuck Washington
ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington
CSD PUBLIC COMMENTS
There were no public comments.
CSD CONSENT CALENDAR
11 Action Minutes Approved Staff Recommendation (5 -0 -0) Director Comerchero
made the motion; it was seconded by Director Edwards and electronic vote
reflected unanimous approval.
RECOMMENDATION:
RECOMMENDATION:
ACTION MINUTES
of
OCTOBER 13, 2009
1 1 .1 Approve the action minutes of September 22, 2009.
12 Request the Appropriation of Funds for Storm Drain Installation and Repairs on Liefer
Road from Service Level "R" Fund balance Approved Staff Recommendation (5 -0 -0)
Director Comerchero made the motion; it was seconded by Director Edwards
and electronic vote reflected unanimous approval.
12.1 Appropriate $10,000 to the TCSD Service Level "R" Street /Road Maintenance
budget from Service Level "R" fund balance.
1
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:40 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, October 27, 2009, at 5:30 P.M., for a Closed Session, with regular session
commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
ATTEST:
Susan W. Jones, MMC
City Clerk /District Secretary
[SEAL]
2
Chuck Washington, President
ITEM NO. 11
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman Parker, Director of Community Services
DATE: October 27, 2009
SUBJECT: Award a Construction Contract for Redhawk Park Improvements, Project No.
PW06- 06 /CSD08 -004
PREPARED BY:
Greg Butler, Director of Public Works
Avlin Odviar, Senior Engineer CIP
Kendra Hannah Meistrell, Associate Engineer CIP
RECOMMENDATION: That the Board of Directors;
1. Award a construction contract for Redhawk Park Improvements, Project No.
PW06 -06, to IAC Engineering, Inc. in the amount of $787,094.92;
2. Authorize the General Manager to approve change orders up to 10% of the contract
amount, $78,709.49;
3. Make a finding that the Redhawk Park Improvements Project is exempt from
Multiple Species Habitat Conservation Plan (MSHCP) fees.
BACKGROUND: On June 23, 2009, the Board of Directors approved the plans and
specifications and authorized the Department of Public Works to solicit construction bids for the
Redhawk Park Improvements, Project No. PW06 -06.
The plans and specifications for the Redhawk Park Improvements project include a base bid and
five (5) additive bid items. These amenities will improve the quality of the existing parks in the
Redhawk area.
The base bid includes a 144 square foot pre- fabricated restroom, sewer line, sewage pump station
(restroom is lower than the sewer line), electrical service, water line modifications, accessible
parking modifications, permanent dog park, and landscaping at the Redhawk Community Park.
Additive bid item no. 1 is the installation of a larger pre- fabricated restroom (562 square feet) in lieu
of the 144 square foot pre- fabricated restroom included in the base bid.
Additive bid item no. 2 is the construction of a half court basketball court.
Additive bid item no. 3 is the rehabilitation of the parking lot by placing a 2" asphalt concrete overlay.
Additive bid item no. 4 is the installation of perforated metal umbrellas within the permanent dog
park.
Additive bid item no. 5 is the construction of a seating area at Sunset Park.
Eighteen (18) bids were received and publicly opened on Tuesday, October 13, 2009. Staff
reviewed all bids and after correcting all mathematical errors, the results were as follows:
BIDDER
1. IAC Engineering, Inc.
2. C.S. Legacy Construction, Inc.
3. Landmark Site Contractors
4. Environmental Construction, Inc.
5. Braughton Construction, Inc.
6. ASR Constructors, Inc.
7. MG Enterprises
8. ValleyCrest Landscape Development, Inc.
9. Avi -Con, Inc. dba CA Construction
10. Whitson Contracting Management, Inc.
11. Southwest General Contractors, Inc.
12. Mega Way Enterprises
13. Topline Construction, Inc.
14. Park West Landscape, Inc.
15. West Coast Crushing Recycling, Inc.
dba WCCR Construction
16. L.B. Civil Construction, Inc.
17. Desert Concepts Construction, Inc.
18. Nature Tech Landscaping, Inc.
BASE BID
644,242.92
662,717.00
681,295.00
688,213.60
701,247.32
717,000.00
718,789.00
721,573.52
725,807.95
731,141.00
765,702.63
776,529.00
779,620.50
810,637.70
811,099.25
844,669.00
$1,183,356.36
Non responsive
A copy of the bid summary is available for review in the Director of Public Works office.
Nature Tech Landscaping, Inc. was the lowest bidder with a base bid amount of $627,338.25.
However, they were deemed non responsive bythe City Attorney because their bid proposal did not
contain the required Statement of Technical Ability and Experience, or the Bidder's Statement of
Past Contract Disqualifications.
Staff reviewed the remaining bid proposals and found IAC Engineering, Inc. of Upland, California to
be the lowest responsible bidder (base bid) with a bid amount of $644,242.92. IAC Engineering, Inc.
has completed similar work for other agencies.
The Engineer's estimate for this project was $925,000.00 for the base bid and $402,000.00 for the
five (5) additive bid items for a total of $1,327,000.00. The specifications allow for one hundred and
twenty (120) working days for the completion of the project, which is an approximate duration of 6
months.
Based on IAC Engineering's bid, the contract will include the base bid and additive bid items no.
2 through 5 for a total amount of $787,094.92.
The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County
Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside
in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in
Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is
required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and
Collection Policy adopted by Resolution 07 -04 on September 10, 2007. The RCA is a joint
regional authority formed by the County and the Cities to provide primary policy direction for
implementation of the MSHCP.
Beginning July 1, 2008 the RCA required that locally funded Capital Improvement Projects
contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the
public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical
right -of -way improvements projects are 5% of construction costs. Projects funded by TUMF or
Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP.
The Redhawk Park Improvements Project consists of adding park amenities to existing parks,
therefore there is no new disturbed area subject to the cost per acre MSHCP fees, thus the project
is exempt.
FISCAL IMPACT: The Redhawk Park Improvements, Project No. PW06 -06 is identified
in the City's Capital Improvement Program, Fiscal Years 2009 -2013, and is funded through
Development Impact Fees Parks Recreation and Quimby, Donations, developer contributions
and County Service Area funds. Adequate funds are available in Account Number
210.190.144.5804 for the contract amount of $787,094.92 plus the 10% contingency amount of
$78,709.49 for a total encumbrance of $865,804.41.
ATTACHMENTS:
1. Project Location
2. Project Description
3. Contract
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TEMECULA COMMUNITY SERVICES DISTRICT
CITY OF TEMECULA,
PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW06- 06/CSD08 -0004
REDHAWK PARK IMPROVEMENTS
THIS CONTRACT, made and entered into the 27 day of October, 2009 by and between the
Temecula Community Services District of the City of Temecula, a municipal corporation,
hereinafter referred to as "DISTRICT and IAC Engineering, Inc., hereinafter referred to as
"CONTRACTOR."
WITN ESSETH:
That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually
agree as follows:
1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW06-
06 /CSD08 -0004, REDHAWK PARK IMPROVEMENTS, 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 and Technical Specifications, and the latest
version of the Standard Specifications for Public Works Construction, including all
supplements as written and promulgated by Public Works Standards, Inc (hereinafter,
"Standard Specifications as amended by the General Specifications, Special Provisions,
and Technical Specifications for PROJECT NO. PW06- 06 /CSD08 -0004, REDHAWK
PARK IMPROVEMENTS. Copies of these Standard Specifications are available from the
publisher:
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW06-
06/CSD08 -0004, REDHAWK PARK IMPROVEMENTS.
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
CONTRACT CA -1
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517 -0970
CA Program FIeetNeevia.ComOownwnt Converterherr048053.doc
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:
6. PAYMENTS
PROJECT NO. PW06- 061CSD08 -0004, REDHAWK PARK IMPROVEMENTS
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 DISTRICT.
3. DISTRICT 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 DISTRICT or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the
sum of: SEVEN HUNDRED EIGHTY SEVEN THOUSAND NINETY FOUR DOLLARS
and NINETY TWO CENTS 787,094.92), the total amount of the base bid plus additive
bid items number 2 through 5.
CONTRACTOR agrees to complete the work in a period not to exceed One Hundred and
Twenty (120) working days, commencing with delivery of a Notice to Proceed by
DISTRICT. Construction shall not commence until bonds and insurance are approved by
DISTRICT.
5. CHANGE ORDERS. All change orders shall be approved by the Board of Directors,
except that the General Manager is hereby authorized by the Board of Directors to make,
by written order, changes or additions to the work in an amount not to exceed the
contingency as established by the Board of Directors.
LUMP SUM BID SCHEDULE:
A. Before submittal of the first payment request, the CONTRACTOR shall submit to
the Deputy Director of Public Works 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 Deputy Director of Public Works may require.
This schedule, as approved by the Deputy Director of Public Works, shall be used
as the basis for reviewing the CONTRACTOR's payment requests.
CONTRACT CA -2
CA Program FIeetNeevia.ComOowrrnrrt Convederherr048053.doc
UNIT PRICE BID SCHEDULE:
B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the DISTRICT, 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 DISTRICT on
forms provided by the DISTRICT.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the General 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 District hereby delegates its authority to reduce
the retention to the Director of Public Works.
7 LIQUIDATED DAMAGES EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT 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 DISTRICT. Within ten (10)
calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to
DISTRICT. Within thirty (30) calendar days of the occurrence of the delay,
CONTRACTOR shall provide written documentation sufficient to support its delay claim to
DISTRICT. CONTRACTOR'S failure to provide such notice and documentation shall
constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against
DISTRICT.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to DISTRICT, 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 DISTRICT related to the payment. CONTRACTOR shall
CONTRACT CA -3
C: Program FlealNeevia.Com%Dowrrwrrt Converterherrpl948053.doc
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 Relations' 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
DISTRICT, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates
for any work done under this Contract, by him or by any subcontractor under him, in
violation 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 DISTRICT, CITY,
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 DISTRICT.
The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for
any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the
project. The DISTRICT shall deduct such costs from Progress Payments or final
payments due to the DISTRICT.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to DISTRICT'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 District 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 DISTRICT 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 General 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
CONTRACT CA -4
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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 DISTRICT 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 DISTRICT.
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
DISTRICT.
17. INSPECTION. The work shall be subject to inspection and testing by DISTRICT 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 DISTRICT and CONTRACTOR understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of
the parties to this 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, office 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.
CONTRACT CA -5
CA Program FIeetNeevia.ComOowrrnrrt Convederherr048053.doc
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 DISTRICT addressed as follows:
Mailing Address:
Greg Butler
Director of Public Works
City of Temecula
P.O. Box 9033
Temecula, CA 92589 -9033
CONTRACT CA -6
Street Address:
Greg Butler
Director of Public Works
City of Temecula
43200 Business Park Drive
Temecula, CA 92590
CA Program FIeetNeevia.ComOowrrnrrt Convederherr048053.doc
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CONTRACT CA -7
CONTRACTOR
IAC Engineering, Inc.
1870 W. 9 Street
Upland, CA 91786
(909) 981 -2355
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
COMMUNITY SERVICES DISTRICT
By:
Chuck Washington, President
C: Program FIeetNeevia.ComOowrrnrrt Convederherr048053.doc
TCSD
DEPARTMENTAL REPORT
ITEM NO. 12
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: October 27, 2009
SUBJECT: Monthly Departmental Report
PREPARED BY: Gail Zigler, Administrative Assistant
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
The Redhawk Parks Improvement project Phase 1 bid opening was held and a contract will be
forward for approval at the October 27, 2009 City Council meeting. The phase 1 project includes a
restroom, parking lot improvements, and a basketball court at Redhawk Community Park, as well as
a permanent dog park.
The Temecula Community Center expansion project is complete. A ribbon cutting ceremony was
held on October 8, 2009. The project consisted of a 3,653 square foot addition to the Temecula
Community Center that includes additional office space, meeting rooms and restroom facilities.
The Escallier House and Barn have been relocated as part of the Temecula Community Center
(TCC) expansion project. The project is currently under design.
The Old Town Gymnasium project is in the conceptual design phase. A sub committee meeting
was held on June 9, 2009 to review the conceptual design of the project and based upon that
meeting staff continues to work with the architect to discuss some of the design aspects and
concerns.
On September 26, 2009 the Community Services Department, in conjunction with and the Temecula
Valley Unified School District, held a college fair at the Promenade Mall. Over 100 college and
vocational schools were represented at the event and over 5,000 were in attendance for the event.
The Community Services Department is currently planning for the upcoming holiday events including
the Annual Halloween Harvest Festival, the City's 20 Year anniversary celebration, the Annual
Christmas Tree Lighting Ceremony, Santa's Electric Light Parade, Holiday Lights and Festive
Sights, Breakfast with Santa to name a few. In addition, staff is in the preliminary phases of creating
the Winter /Spring 2010 edition of the Guide to Leisure Activities brochure
The Cultural Arts Division continues to program and carry-out the classes and activities as outlined
in the Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and
theatrical performance line -up. The Cultural Arts Division is responsible for the day -to -day
operations of the Old Town Temecula Community Theater, the Temecula Valley History Museum
and the Imagination Workshop, Temecula Children's Museum.
The Community Services Department continues to participate in the development review of projects
within the City, as well as overseeing the development of parks and recreation facilities, and the
contract for refuse and recycling, cable television services and assessment administration.
The TCSD Maintenance Division played an integral role in the Citywide special events held this
month. In addition, the Maintenance Division continues to oversee the maintenance and
rehabilitation of all City parks and facilities, and assist in all aspects of City -wide special events.
REDEVELOPMENT
AGENCY
ITEM NO. 13
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA REDEVELOPMENT AGENCY MEETING
The Temecula Redevelopment Agency Meeting convened at 7:40 PM.
CALL TO ORDER: Chair Person Ron Roberts
ACTION MINUTES
of
OCTOBER 13, 2009
ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington,
Roberts
RDA PUBLIC COMMENTS
RDA CONSENT CALENDAR
13 Action Minutes Approved Staff Recommendation (5 -0 -0) Agency Member
Edwards made the motion; it was seconded by Agency Member Naggar and
electronic vote reflected unanimous approval.
RECOMMENDATION:
13.1 Approve the action minutes of September 22, 2009.
14 Service agreement for the Old Town Holiday Outdoor Ice Skating Rink Continued off
calendar.
RECOMMENDATION:
14.1 Approve the professional service agreement with Studio 33 in the amount of
$60,000 for the Old Town Holiday Outdoor Ice Skating Rink project.
RDA BUSINESS
15 Loan Agreement between the Temecula Redevelopment Agency and the Temecula
Valley Automobile Dealers Association, Inc. for a loan of Redevelopment funds for the
construction of a new electronic auto mall sign Approved Staff Recommendation
(5 -0 -0) Agency Member Naggar made the motion; it was seconded by Agency
Member Edwards and electronic vote reflected unanimous approval.
RECOMMENDATION:
15.1 That the agency approve a loan agreement between Temecula Redevelopment
Agency and the Temecula Valley Automobile Dealers Association (Association),
Inc. for a loan of Redevelopment funds for the construction of a new electronic
auto mall sign, located at 42069 DLR Drive, Temecula, California (APN 921 -730-
059) by adopting a resolution entitled:
1
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
At 7:47 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, October 27, 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.
ATTEST:
[SEAL]
RESOLUTION NO. RDA 09 -09
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING A "LOAN AGREEMENT' BETWEEN THE TEMECULA
REDEVELOPMENT AGENCY AND TEMECULA VALLEY AUTOMOBILE
DEALERS ASSOCIATION, INC.
Susan W. Jones, MMC
City Clerk /Agency Secretary
2
Ron Roberts, Chairperson
ITEM NO. 14
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director /Agency Members
FROM: Greg Butler, Director of Public Works
DATE: October 27, 2009
Approvals
City Attorney
Director of Finance
City Manager
SUBJECT: Amendment No. 3 to the Professional Services Agreement with Nichols, Melburg
Rossetto for Additional Services Associated with the Old Town Infrastructure
Project Parking Structure and Office /Retail PW 06 -07(1 D)
RECOMMENDATION: That the Agency Members approve Amendment No. 3 to the
Professional Services Agreement with Nichols, Melburg Rossetto (NMR) for additional services
associated with the preparation of construction drawings and construction administration for the
tenant improvements of the office frontage space included in the Old Town Parking Garage in the
amount of $96,000.00 and authorize the Chairperson to execute the amendment.
BACKGROUND: On August 26, 2006 the Agency Board approved a professional
services agreement with NMR for design of the Parking Structure, Office Retail, Town Square and
Mercedes Main Street improvements. Since that time Amendment 1 was approved
administratively to extend the term of the Agreement through June 30, 2010 and on August 25,
2009, the Board approved Amendment No. 2 for additional compensation totaling $159,388 for NMR
to provide the necessary professional commissioning services to seek LEED certification of the
Parking Structure.
The Parking Structure includes 8,555 square feet office /retail space (4,225 on the ground floor and
4,330 on the second floor). NMR has finalized conceptual plans, which have been approved by the
Council /Board subcommittee, for the ground floor for a Police substation and the Convention
Visitors Bureau (ConVis). A portion of the 2nd floor will be improved with restrooms with the
remaining space available for future tenant improvements. A schematic of the proposed spaces is
provided as an attachment. The next step is to prepare full working drawings of the planned
improvements.
Staff requested a comprehensive cost proposal for the necessary architectural and engineering
services for the improvements. It is anticipated that the improvements will be completed as a
change order to the existing construction contract for the Parking Structure. The cost of the
additional design /engineering services is $96,000. Staff has reviewed the proposed cost and found
it to be within reasonable industry standards.
RDA staff are in the process of finalizing the terms of the lease agreement with ConVis, the main
deal points have been agreed to, however until a lease agreement is formalized no work on the
ConVis portion of the tenant improvements will be authorized.
The additional design services will require an amendment to NMR's Parking Structure design
agreement. Although the recommendation before the Agency Members is to increase the design
consultant's allowable compensation by $96,000, this additional design cost will be offset by
unencumbering this same amount from unspent Parking Structure construction contingency.
The construction of Parking Structure is well over 50% complete and 8.1% of the original 10%
construction contingency will still be available after unencumbering the funding for these Occupancy
B design services as well as prior funding provided by unencumbering.
FISCAL IMPACT: NMR's original agreement for design of the Old Town Infrastructure
projects, which include the Mercedes Main Street Improvements, the Town Square and the
Parking Structure, totaled $1,836,105, including a 10% contingency. Amendment No. 2 for LEED
commissioning services increased the allowable compensation for NMR's agreement by
$159,388.00. This 3rd Amendment will increase the allowable compensation for NMR's agreement
by $96,000. To fund this additional work it will be necessary to liquidate $96,000 from unspent
contingency funds from the Parking Structure construction contract. The Street, Town Square and
Parking Structure projects are funded by RDA tax allocation bonds and Development Impact Fees
Police.
ATTACHMENTS:
1. Location Map
2. Project Description
3. Schematic of Tenant Improvements
4. NMR Amendment No. 3
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PROJECT DESCRIPTION
Project Title:
Project Type: Housing /Redevelopment
Description:
Department:
Scope of Project:
OLD TOWN INFRASTRUCTURE PROJECTS PARKING STRUCTURE, OFFICE AND RETAIL PRIORITY: 1
Project will construct a three story parking structure east of Mercedes Street at Third Street, to accommodate roughly 400 parking
spaces, as well as integral office /retail shells fronting Mercedes Street.
RDA/Public Works Account No. 210.165.644
Project will include design and construction of a three story parking structure on Mercedes Street at the foot of Third Street.
Project will include approximately 8,500 square feet of office /retail space.
Benefit: Project continues to promote the revitalization of Old Town.
Project Cost: Actuals Total Project
to Date 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Cost
Administration 43,604 225,396 269,000
Construction 2,303,556 14,601,803 16,905,359
Construction Engineering 80,115 242,385 322,500
Design 1,375,203 192,938 1,568,141
Fixtures/Furn/Equip 465,000 465,000
Totals
3,802,478 15,727,522
19,530,000
Source of Funds:
Capital Project Reserves 522,919 522,919
DIF (p olice Facilities) 499,049 499,049
RDA. (Bonds) 3,279,559 15,228,473 18,508,032
Total Funding:
Future 0 M Cost: N/A
3,802,478 15,727,522 19,530,000
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Copyright 2009
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ARCHITECTS ENGINEERS
300 KNOLLCREST DRIVE
REDDING, CA 96002
(530) 222 -3300 (530) 222 -3538 FAX
http: /www,nmrdesign,com
1
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PARKDNIG
STRUCTURE
TENANT
[IMPROVEMENTS
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Drawn By
Checked By
Date Drawn
Scale
Job No.
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CONSULTANTS
LICENSE STAMPS
PROJECT NAME
TEMECULA
CIVIC CE MTER
MERCEDES STREET
TEMECUL CALIFORNIA
SHEET TITLE
ENLARGED
PLAINS
DRAWING STATUS
SCHEMATIC
DESIG N
SHEET No.
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REVISIONS
Sym Description By Date
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5/12/09
AS SHOWN
06- 6303.1D
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THIRD AMENDMENT TO AGREEMENT BETWEEN
THE TEMECULA REDEVELOPMENT AGENCY AND NICHOLS, MELBURG ROSSETTO
30, 2010.
OLD TOWN INFRASTRUCTURE PROJECTS PW06 -07
THIS THIRD AMENDMENT is made and entered into as of October 27, 2009 by and
between the Temecula Redevelopment Agency, a municipal corporation (hereinafter referred to
as "Agency and Nichols, Melburg Rossetto, a Corporation (hereinafter referred to as
"Consultant In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On August 22, 2006, the Agency and Consultant entered into that certain
Agreement entitled "Agreement for Professional Consultant Services in the amount of One
Million Six Hundred Sixty Nine Thousand One Hundred Eighty Seven Dollars and No
Cents ($1,669,187.00).
b. On July 1, 2008 the agreement was amended extending the term to June
c. On August 25, 2009 the agreement was amended extending the term to
September 30, 2010 and increasing compensation by One Hundred Fifty Nine Thousand
Three Hundred Eighty Eight Dollars and No Cents $159,388.00, for a total agreement
amount of One Million Eight Hundred Twenty Eight Thousand Five Hundred Seventy Five
Dollars and No Cents $1,828,575.00.
d. The parties now desire to change the PAYMENT and amend the
Agreement as set forth in this Amendment.
2. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is
hereby amended to read as follows:
The Agency agrees to pay Consultant 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, and in accordance with the
following: 1) for items listed as 'Fixed Fee' or 'Service Fee' in Exhibit B or
Attachment A of this and prior Amendments, payment shall be made
monthly based on percentage completion. Any terms in Exhibit B, other
than the payment rates and schedule of payment are null and void. The
Third Amendment amount shall not exceed Ninety Six Thousand
Dollars and No Cents $96,000.00 for additional work associated with
design of Occupancy B tenant improvements for a total Agreement
Amount of One Million Nine Hundred Twenty Four Thousand Five
Hundred Seventy Five Dollars and No Cents $1,924,575.00.
3. Exhibit A to the Agreement is hereby amended by adding thereto the
items set forth on Attachment A to this Amendment, which is attached hereto and
incorporated herein as though set forth in full.
1
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
Temecula Redevelopment Agency
By: By:
Ron Roberts, Chairperson
ATTEST:
By: By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney CONTRACTOR
Nichols, Melburg Rosseto
(Two Signatures if required by corporate papers)
Nichols, Melburg Rossetto
Mike Lusso
300 Knollcrest Drive
Redding, CA 96002
(530) 222 -3538
lusso @nmrdesign.com
3
Mike Lusso, Principal
Les Melburg, Principal
FSM Initials:
Date:
October 2, 2009
Mr David McBride, Senior Engineer
City of Temecula Department of Public Works
43200 Business Park Drive
Temecula, CA 92590
300 Knollcrest Drive NCI )LS NUiLl31 :1i(& RUSSLTI 0
t
(530) 222-3300
Design Development (30
Construction Documents (40
Bid /Negotiation Phase (5
Construction Administration (25
Total NE Services Fee (100
ATC A
NM
ConVis
"Bid Line Item #1
512,960
$17,280
$2,160
510,800
www.nmrdeslgn.com
RECEIVED
OCT f) 7 2009
CITY OF TEME CULA
PUBLIC WORKS DEPARTMENT
RE: Proposal for Tenant Improvement ArchitecturalEngineering Services
Temecula Parking Structure
Dear Mr. McBride
On behalf of the Design Team. thank you for the opportunity to provide this proposal.
This proposal is based on the Schematic Design floor plans shown on the attached 5/12/09 drawing for
the following Tenant Improvement (T.I.) areas:
1st FLOOR
Convention Visitors Bureau ConVis) t 2,059 s.f.
Police Storefront t 1,552 s.f.
*Sub- Total, 1" Floor T.I.s t 3,611 s.f
2nd FLOOR
2 Floor Conference Room Suite t 61.J s.,f,
*Grand Total, 1` 2 Floor T.I.s t 4,422 s.f.
Pursuant to the City's request, were providing separate Architectural /Engineering fee quotations for
ConVis (as "Bid Line Item #1 and for the Police Storefront plus 2 Floor Conference Room Suite
(collectively, as 'Bid Line Item #2'). As discussed. this proposal also assumes that the two components
will move ahead simultaneously (but as separate document packages) through the remaining design,
bidding /negotiation, and construction phases; and that our scope is based on working with the City to
develop documents suitable for soliciting additive change order pricing from PCL Construction and /or
Edge Development to construct the T.I.s as part of their current (respective) Parking Structure or Civic
Center construction contracts.
Our proposed scope of services is comprehensive, and includes the professional disciplines of
Architectural, Structural (as may be required), Mechanical/Plumbing /Fire Protection,
Electrical /Lighting /Fire Alarm, Telephone Data (by PlanNet), Security (by On Line Consulting), and
LEED /Commissioning Consulting specific to the T I. components.
Our proposed services fees for each component are summarized below, broken down by Phase
Policel2 Floor Conf.
Suite
"Bid Line Item #2
515,840
521,120
$2,640
$13.200
$43,200 $52,800
Redding, CA 96002
Fax (530) 222-3538
There are several additional items to clarify:
1. As agreed, for budget purposes the City will move ahead using the Conceptual -Level construction
hard cost allowances from Saylor, as noted in my 5/12/09 email to Greg Butler, i.e., $250K for ConVis
and $300K for Police/2 Floor Conf. Suite. (To reiterate, these are conservative budget numbers, and
our expectation would be that if competitive, market -based pricing is provided by PCL or Edge, the
actual hard cost quotations should come in below this.) Accordingly, this proposal includes no
additional fees for Cost Estimating.
2. There has been some discussion about the desired extent of the 2 Floor T I scope, Le., whether or
not to include the Conference Room and Secure Hall. Based on our 8/13/09 discussion, I've gone
ahead and included them, so that the City will have the option of constructing them if the pricing is
favorable. (As discussed, a' fallback" position would be to construct only the shells of these areas.)
3. This proposal includes incorporation of the T.I. components into our overall effort to achieve LEED
Certification for the combined Civic Center/Parking Structure project. including the requisite
coordination, continuity of components (e.g., plumbing fixtures, etc.), commissioning, etc.
4. This proposal generally excludes all work -to -date on the subject T.I. areas, i.e., programming,
Schematic Design floor plans. preparation of T.I. related Architectural Bulletins for the Parking
Structure, etc., which (as previously discussed) we have performed at no charge to the City, as a
courtesy.
5. As discussed, this proposal includes a modest contingency allowance to account for the relatively
small scope of the work versus the variables associated with the plan-check process and the
construction phase (e.g., submittals, RFIs, etc.).
6. As agreed, if the City accepts this proposal, these additional services will be incorporated via EWA
and /or Amendment (as appropriate) into NMR's existing Agreement(s) for ArchitecturaVEngineering
Services for Phase I (Parking Structure) and/or Phase II (Civic Center).
7. Services for each component will be billed separately on a monthly basis, based on percentage of
completion. Applicable reimbursable expenses will be billed in accordance with the existing
Agreement(s).
As always, we'd be happy to adjust our scope of services and fees, if necessary to better meet the City's
needs Again, thank you for the opportunity to be of continued service. Should you have any questions or
require further information, please don't hesitate to contact me.
tncerely,
Michael Lusso
Principal Architect
NMR Architects
A XAcH MEN i A
Attachments:
"Temecula Civic Center /Parking Structure Tenant Improvements/Enlarged Plans /Schematic Design
dated 5/12/09.
300 KnoRuest Drive
(530) 222 -3300
NICHOLS MEI.RURG ti ROSSETTO Redding, CA 96002
www.nmrdesign.com Fax (530) 222 -3538
ITEM NO. 15
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director /Agency Members
FROM: Aaron Adams, Assistant City Manager
DATE: October 27, 2009
RECOMMENDATION: That the Agency Members:
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
SUBJECT: Service Agreement for the Old Town Holiday Outdoor Ice Skating Rink at the
request of the RDA /Old Town City Council Steering Subcommittee Members
Mayor Edwards and Council Member Roberts
PREPARED BY: Gloria Wolnick, Economic Development Specialist II
1. Approve a "turn -key" seasonal ice rink operation and necessary services. The hard
costs and soft costs associated with this approach bring the total contracted amount to
$71,530. This expenditure will come from appropriate funds within the RDA. Studio 33 will
set the admission /skate rental price and is entitled to 100% of the proceeds.
2. Direct staff to quantify through measurement the number of guests /attendees that
enjoy this service for data that can be considered for future year negotiations.
3. Direct staff to measure success of event through media impressions such as
publicity, media coverage, and a general understanding of any increase in foot traffic /visitor
traffic and the collaboration of other City sponsored events.
4. Approve the "Agreement for Special Services between the City of Temecula
Redevelopment Agency and Studio 33 Productions Outdoor Ice Skating Rink and Rink
Management" in the amount of $71,530 and authorize the Chairman to sign on behalf of the
Agency.
PURPOSE:
The purpose of the project is to bring an outdoor ice rink to Old Town Temecula as a 2009
holiday season special event. The professional services required to operate the ice rink
include turnkey installation, operation /management, and removal.
BACKGROUND: The RDA /Old Town Steering Committee (Mayor Edwards and Council
Member Roberts) and staff met to discuss the proposed ice rink project on October 16, 2009. The
Proponent
Amount
(Basic)*
Amount
(w /Extras)*
Ice Rink Events
88,420.00
92,318.00
Studio 33 Productions
$122,000.00
$146,000.00
BN Skating Parks
Synthetic Ice Not Desired
RDA /Old Town Steering Committee has recommended approval of $71,530 in addition to the above
mentioned recommendations.
The City conducted a competitive Request for Proposal process in October 2008 with three firms
submitting proposals. After the review of the proposals, it was determined that Studio 33 had
successful seasonal ice rink experience with nearby cities and Studio 33 also provided the "best
value" based on the needs of the City.
The scope of work shall include turnkey operations, which will equipment installation /removal and
operation of a 40' x 40' ice skating rink with options to increase up to 40' x 60' skating surface, as a
holiday- season special event for the City of Temecula. This will be open to the general public for
recreational ice skating from December 18, 2009 through December 31, 2009 with optional
extension dates of operation from January 1 3, 2010.
Proposed hours of operation:
Monday Thursday: 3:00 pm 8:00 pm
Friday: 3:00 pm 10:00 pm
Saturday Sunday: 2:00 pm 10:00 pm
Special session to be determined for New Year's Eve (estimated to begin at 5:00 pm to 12:30
am)
(Please note that estimated times are subject to change.)
The proposed New Year's Eve celebration will include an evening filled with fun activities for children
and families from 5:00 pm 9:00 pm. There will be headline entertainment which will run from 9:00
pm midnight.
The outdoor ice rink will be a dramatic enhancement to the holiday- season ambience in Old Town.
This venue will draw many residents and visitors to the area which will help support the businesses
in the adjacent commercial areas.
COMPETITIVE REQUIREMENTS
According to the Temecula Municipal Code, said professional services are exempt from
competitive requirements:
3.28.290 Exceptions to Competitive Bidding Requirement Notwithstanding any
provision of this chapter to the contrary, the formal bidding procedure and
requirements shall not be required in any of the following instances: D. Contracts
for personal, professional and consultant, and maintenance services.
COMPETITIVE APPROACH
Although it was not necessary for the City to seek proposals, the City mailed the RFP to
three vendors and posted the notification on the City's website. The results were as follows:
*Does not include cost of fuel estimated at
$21,945.
Given the nature of the professional services required to operate the ice rink, factors other
than lowest price were critical. Although price was of prime consideration, the ability to
Negotiated Price
60,000
Estimated Recoverable Costs
Estimated Fuel Costs
0
0
Total Negotiated Price
60,000
Estimated Fuel Costs
Estimated Total Cost "Pre- Negotiation"
90,795
Total Negotiated Price
60,000
Total Savings To the City
30,795
Proposed Cost
$122,000
Estimated Recoverable Costs
53,150
68,850
Estimated Fuel Costs
21,945
Estimated Total Cost to the
City
90,795
"negotiate services" were both desired and required to arrive at a "best- value" based on the
needs of the City. After a review of the proposals, it was determined that Studio 33 provided
the "best value" based on the needs of the City.
BUDGETED AMOUNT
The City budgeted $60,000 for this event from RDA.
NEGOTIATION POINTS
With $60,000 budgeted for Ice Rink Services, the City intended to charge ice rink patrons $5
to $10 per ice rink session to offset the cost of the services. Conservative estimates
indicated the potential for the City to recover $53,150 in ticket sales, sponsorships, etc.
Unfortunately, there was a large difference between what the City estimated for Ice Rink
services ($60,000) and what the market rate had to offer ($122,000). Therefore, had the
City recovered the $53,150 the total cost to provide the service would have been $90,795,
as follows:
Given the wide difference between the amount proposed to provide ice rink services versus
the amount approved in the budget, the City utilized its ability to "negotiate" the cost with the
proponent (Studio 33) that was previously deemed to provide the "best value" for the City
(without affecting the quality of services).
Instead of paying Studio 33 $122,000 (that excluded fuel costs), the City negotiated a
$60,000 deal (that included fuel) with Studio 33's keeping the ticket sales proceeds. The
deal shifted the sales responsibility from the City onto the contractor while simultaneously
minimizing the City's budget risk due to lack of attendance, inclement weather, etc.
With the incentive to produce a successful event, Studio 33 has the incentive to provide the
extras that would have been provided at an additional cost. The net effect is a top rated
event with "best value" for the city. Such incentives will include a larger ice rink up to (40 x
60) and will truly deliver an event experience as opposed to just a rink.
On -Site Security (Securitas)
$7,000.00
Per Diem
$2,230.80
Lighting for Parking Street Crossing
$450/2 Weeks
Restroom Facilities for Public Staff
Use
$350
Fencing
$1,500
Estimated Soft Cost Subtotal
$11,530.80
Additional soft costs not negotiated included:
FISCAL IMPACT: The $71,530 contract cost for the ice rink and associated expenses will
be funded through the Redevelopment Agency FY 2009/10 Operating Budget in the Old Town
Implementation Plan Line Item.
ATTACHMENTS: Agreement Agency /Studio 33 Agreement
Conceptual Site Plan
AGREEMENT FOR SPECIAL SERVICES BETWEEN
CITY OF TEMECULA REDEVELOPMENT AGENCY AND
STUDIO 33 PRODUCTIONS
OUTDOOR ICE SKATING RINK AND RINK MANAGEMENT
THIS AGREEMENT is made and effective as of October 27, 2009, between the
Redevelopment Agency of the City of Temecula, a public body corporate and politic
(hereinafter referred to as "City and Studio 33 Productions, a sole proprietor
(hereinafter referred to as "Contractor"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. TERM
A. This Agreement shall commence on October 27, 2009, and shall remain
and continue in effect until tasks described herein are completed, but in no event later
than January 8, 2010, unless sooner terminated pursuant to the provisions of this
Agreement.
B. The City may, upon mutual agreement, extend the contract for two (2)
additional terms. In no event shall the contract be extended beyond January 8, 2012.
2. SERVICES
A. Contractor shall provide for the turnkey equipment and delivery,
installation and removal with turnkey management and operation of an ice skating rink,
as a holiday- season special event for Old Town Temecula to be open to the general
public for recreational ice skating and figure skating exhibitions and shall perform the
services and tasks and provide the equipment described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full "Ice Rink
B. Contractor shall complete the tasks and provide the equipment according
to the schedule of performance which is also set forth in Exhibit A.
3. CONTRACTOR PERFORMANCE; CITY SUPPLIED EQUIPMENT AND
SERVICES
A. Contractor shall at all time faithfully, competently and to the best of his or
her ability, experience, and talent, perform all tasks and provide the equipment
described herein. Contractor shall employ, at a minimum, generally accepted standards
and practices utilized by persons engaged in providing similar services and equipment
as are required of Contractor hereunder in meeting its obligations under this Agreement.
B. City shall supply or provide the following for the Ice Rink:
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i. Two (2) continuous sources of water (hose bib) adjacent to the ice
rink area;
4. PAYMENT
11086- 0001 \1177833v2
ii. An area for placement of refrigeration system, generator, skate
trailer, and Motorhome as close to ice rink as possible.
iii. Telephone line at rink site for purposes of public safety reporting
and communication, including 911 to Temecula Police Dept. as
necessary.
iv. Identified parking in close proximity to the rink for Contractor's and
supplier's personnel.
v. Adequate lighting for skating during all sessions.
vi. All holiday decorations, in the discretion of City.
vii. Grounds keeping in the ice rink area (includes landscape
maintenance, trash receptacles and removal of trash.
viii. All marketing and public relations in support of the event; all
graphics and signing, in the discretion of the City.
ix. Coordination and payment of all permits and licenses required for
installation and operation of the equipment and event, if required.
Contractor acknowledges and agrees that this agreement does not
guarantee the issuance of permits or conditions to permits
acceptable to the Contractor and that City of Temecula will exercise
its lawful authority and issue, conditionally issue or deny the
required permits in accordance with law.
A. The City agrees to pay Contractor 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 seventy one thousand five hundred thirty dollars and 001100 ($71,530.00)
annually unless additional payment is approved as provided in this Agreement.
B. Contractor 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. Contractor shall be compensated for any additional services in the
amounts and in the manner as agreed to by City Manager and Contractor at the time
City's written authorization is given to Contractor for the performance of said services.
C. Contractor may charge a fee for persons to use the ice rink, rent skates
and other equipment to patrons, and may sell concessions as described in Exhibit A.
The fees to be charged for admission to the ice rink and the rental of skates an other
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equipment shall be approved in writing by the City Manager prior to the opening of the
ice rink. All revenues from these activities, excepted for City Concession described in
Exhibit A, shall be retained by the Contractor or, as determined by Contractor, its
subcontractors.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
A. In the event the City elects to terminate this Agreement or breaches this
Agreement by City, for any reason other than Contractor's breach of the Agreement, on
or before December 3, 2009, City shall pay to Contractor the sum of thirty thousand
dollars and 00/100 ($30,000.00) to become in full satisfaction of City's obligations due
and payable to Contractor on the day notification is tendered.
B. In the event the City elects to terminate this Agreement or breaches this
Agreement by City, for any reason other than Contractor's breach of the Agreement,
between December 4, 2009 and on or before December 10, 2009, City shall pay to
Contractor the sum of seventy one thousand five hundred thirty dollars and 00/100 ($71,
530.00) to become in full satisfaction of City's obligations due and payable to Contractor
on the day notification is tendered.
6. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. If such failure by the Contractor in the performance of work
hereunder arises out of inclement weather, acts of God, or where safety or security
concerns are determined to exist by Contractor and /or Contractor's staff, or causes
beyond the Contractor's control, and without fault or negligence of the Contractor, other
than financial inability to perform, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall
serve the Contractor with written notice of the default. Contractor 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 Contractor fails to cure its default within
such period of time, the City shall have the right, notwithstanding any other provision of
this Agreement, to terminate this Agreement without further notice and without prejudice
to any other remedy to which it may be entitled at law, in equity or under this
Agreement.
C. The City may at any time suspend this Agreement, or any portion hereof,
for Contractor's breach of the Agreement, if it determines that the breach constitutes a
threat to the public health or safety. In such event, the City shall serve upon the
Contractor written notice of this default and the immediate suspension of the contract.
Upon receipt of said notice, the Contractor shall immediately cease all work under this
Agreement, unless the notice provides otherwise.
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7. OWNERSHIP OF DOCUMENTS
Contractor 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. Contractor 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. Contractor 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.
8. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of
Temecula, Temecula Community Services District, and /or Redevelopment Agency of
the City of Temecula, its officers, officials, employees and volunteers (Indemnified
Parties) 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 Indemnified Parties may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property arising out of Contractor's
negligent or wrongful acts or omissions arising out of or in any way related to the
performance or non performance of this Agreement, excepting only liability arising out
of the negligence of the Indemnified Parties.
9. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00
01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92
covering Automobile Liability, code 1 (any auto). If the Contractor owns no
automobiles, a non -owned auto endorsement to the General Liability policy
described above is acceptable.
11086- 0001 \1177833v2
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3) Worker's Compensation insurance as required by the State of California
and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not
required, but Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: two million ($2,000,000) per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project /location or the general aggregate limit
shall be twice the required occurrence limit.
2) Automobile Liability: 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.
c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City Manager. At the option of the
City Manager, either the insurer shall reduce or eliminate such deductibles or self
insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
1) The Indemnified Parties (as defined in Section 8) shall be covered as
insured's, as respects: liability arising out of activities performed by or on behalf
of the Contractor; products and completed operations of the Contractor; premises
owned, occupied or used by the Contractor; or automobiles owned, leased, hired
or borrowed by the Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to the Indemnified Parties.
2) For any claims related to this project, the Contractor's insurance coverage
shall be primary insurance as respects the Indemnified Parties. Any insurance or
self- insured maintained by the Indemnified Parties shall be excess of the
Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to the
Indemnified Parties.
11086- 0001 \1177833v2
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4) The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
5) Each insurance policy required by this 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
Contractor 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.
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. Contractor 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 Contractor's insurer may
provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement
on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither City nor any of its officers, employees, agents, or volunteers shall have
control over the conduct of Contractor or any of Contractor's officers, employees, or
agents except as set forth in this Agreement. Contractor shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Contractor shall not incur or have the power
to incur any debt, obligation or liability whatever against City, or bind City in any
manner.
B. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided
in the Agreement, City shall not pay salaries, wages, or other compensation to
Contractor for performing services hereunder for City. City shall not be liable for
compensation or indemnification to Contractor for injury or sickness arising out of
performing services hereunder.
11. LEGAL RESPONSIBILITIES
11086- 0001 \1177833v2
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The Contractor 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 Contractor 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 Contractor to comply with this section.
12. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement
shall be considered confidential and shall not be released by Contractor without City's
prior written authorization. Contractor, 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 Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed there under or with respect to any
project or property located within the City. City retains the right, but has no obligation,
to represent Contractor and /or be present at any deposition, hearing or similar
proceeding. Contractor agrees to cooperate fully with City and to provide City with the
opportunity to review any response to discovery requests provided by Contractor.
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.
13. 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 Redevelopment Agency of the City of Temecula:
Attn: Executive Director
P.O. Box 9033
Temecula, California 92589 -9033
11086- 0001 \1177833v2
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14. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the City. The
Contractor may retain sub contractors to assist it in performing work under this
Agreement.
15. LICENSES
-o r-
Redevelopment Agency of the City of Temecula
Attn: Executive Director
43200 Business Park Drive
Temecula, California 92590
To Contractor:
Studio 33 Productions
Attention: Brian Jackson, Owner
264 Pennsylvania Ave.
Colton, CA 92324
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in
this Agreement.
16. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with
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.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula shall have any financial interest, direct
or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-
contractors for this project, during his /her tenure or for one year thereafter. The
Contractor hereby warrants and represents to the City that no officer or employee of the
City of Temecula has any interest, whether contractual, non contractual, financial or
otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-
contractors on this project. Contractor further agrees to notify the City in the event any
11086- 0001 \1177833v2
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such interest is discovered whether or not such interest is prohibited by law or this
Agreement.
18. 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.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
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1. General Requirements: To provide for the turnkey equipment
delivery/installation /removal with turnkey management and operation of an ice skating
rink, as a holiday- season special event for the City of Temecula. To be open to the
general public for recreational ice skating and figure skating exhibitions from December
18, 2009 through December 31, 2009. Optional extension dates of operation. January
1,2, and 3, 2010.
2. Equipment: All lighting, sound reinforcement, staging, video or special effects
equipment to be provided by Contractor is set forth this exhibit.
3. Personnel: The installation and removal phase of your rink will be led by Mr.
Brian Jackson, who is considered to be one of the leading expects in show and effects
technology in the industry, with over 33 years experience of proven abilities and
expertise. Mr. George Ramiro will assist him. Both of these gentlemen are involved in
our California installations, which are some of the most challenging installations, and in
areas with great concerns for noise and minimizing impact to the location or to the
environment. You will have the benefit of this experience and their crews' experience.
4. The Project Manager, who will coordinate all of the logistics, the management,
and day -by -day operation will be Mr. George Ramiro, has extensive experience in ice
and event production and show management. Recently George led a team with new
and innovative equipment used on a dance competition. Much of the equipment is
easily cross matched to your Ice event.
5. Subcontractors: Bietek Productions. Supplier of Freezer plates, manifold, and
refrigeration Compressor.TBD. Electrical generators
6. Schedule:
A. Installation window: December 13, through December 17, 2009
B. Open to the Public: December 18, 2008 thru December 31, 2009
C. Optional additional dates of operation at Contractor discretion: January 1,
thru 3, 2010
D. Removal Window: January 1 thru 8, 2010
7. Hours of operation (Subject to Change upon mutual consent of City and
Contractor):
A. Monday through Thursday 3 pm to 8 pm
B. Friday 3 pm to 10 pm
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EXHIBIT A
Tasks to be Performed
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C. Saturday and Sunday 2 pm to 10 pm
D. Special session to be determined for New Years Eve
8. Contractor shall provide the following:
A. Design, and build Sub structure for Ice rink
B. Air Cooled Refrigeration Systems /Pumps /Hoses /Expansion Tank
C. Generator to Power Above Refrigeration
D. Contractorwill provide fuel for generator during rink operations
E. Insulation and vapor barriers leveling of site
F. Modular Railing Systems (Clear Plexiglas facing towards rink; room to
display; Vinyl banners, Sponsor graphics inside the rink area, banner
outside the Rink perimeter)
G. Ice Rink Maintenance Equipment- Mini- Zamboni Electric Re- surfacer used
daily or as needed.
H. Rink Freezer Plate System (no less than 40'x40'; capacity 60- skaters)
11086- 0001 \1177833v2
Rental Ice Skates (200 -pair approximate with various sizes), Sharpened,
Ready -to- Skate, Sharpening services on site as needed during run of
event.
J Skate Change Area with Benches and Rubber Floor Covering (24'x12'
approximate)
K. Skate trailer or modular unit for ticket sales, storing and distribution of
skates and office.
L. Cash register equipment
M All tools, equipment and supplies for set -up, strike and maintenance, All
Professional Supervision and General Labor for Set -Up and Strike
N. Refrigeration Technician On -Call 24 Hours During Entire Term
O. General Set -up and Finish -out Metal -Frame Covering over Rink Wall Header
Clear Plexiglas sides with smooth inside finish of Rink Perimeter. Optional Green
Turf Carpet to Finish Rink Perimeter /Edge (Black skirting covers substructure)
Looks equally finished and nice without.
P Sound /public address for announcements and playback of holiday music
Q. Rink Manager during entire term. Trained and experienced in liability protection
R. All equipment and amenities installed and ready for test of equipment and
facilities, twenty four (24) hours in advance of opening, December 18, 2009
S Operation of public skate sessions. Hours of operation to be at Contractor's
discretion.
T Text for Liability Related Signage and Written Waiver Release Forms; Liability
Limitation Instructions.
U. General Training for Rink /Event Manager Regarding Rink Operation
V. Professional Support Services /Consultation for Event Planning and Execution
9. Contractor shall provide professional, on -site management (experienced in
customer service, liability prevention, and public safety); staffing to include cashier(s),
ticket sales, skate rental attendant(s), safety monitor(s), and maintenance personal to
be on -site during entire term of the event, including but not limited to:
A. Employee uniforms.
B. Public safety announcements and basic holiday music.
C. Cash register equipment
D. Coordination of group sales and special events.
E. Sound Public address for announcements and playback of holiday music.
10. Concessions: Contractor will be the exclusive vendor for only bottled water and
prepackaged snacks (i.e. chips, candy bars, granola bars, snack bars, cookies, etc.),
made available to customers. City may have vendors offering other drink and food items
(i.e. coffee, hot chocolate, hot cider, kettle corn, holiday goodies, etc.).
11086- 0001 \1177833v2
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Payment Rates
For Part A: Equipment Rental Installation /Removal 88,260.00 Each Season
For Part B: Turnkey Management Day -to -Day Operations $32,780.00 Each Season
Total Before Discount $121,040.00 Each Season
Total with Discount $60,000.00 2009 Season Only
Gate proceeds going to
Contractor and its vendors
Additional Soft Costs for the 2009 Season:
On -Site Security $7,000.00
Per Diem $2,230.00
Lighting for Parking Street Crossing $450.00 (for 2 Weeks)
Restroom Facilities for Public Staff Use $350.00
Fencing $1,500.00
Soft Cost Subtotal $11, 530.00
Payment Schedule
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Grand "Total with Discount" and "Soft Cost Subtotal" $71,530.00
A $35,765.00 deposit (50% of total fee) due one business day following
execution of the Agreement by both parties.
A $35,765.00 progress payment (50% of the total fee) due upon the complete
installation of the rink equipment.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
11086- 0001 \1177833v2
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Redevelopment Agency of the City of Studio 33 Productions
Temecula
By: By:
Ron Roberts, RDA Chairperson Brian Jackson, Owner
ATTEST:
By:
Susan W. Jones, MMC
City Clerk /Agency Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson CONTRACTOR
Agency Counsel
11086- 0001 \1177833v2
Studio 33 Productions
Brian Jackson
264 Pennsylvania Ave.
Colton, CA 92324
Phone Number: 909.783.1628
Fax Number: 909.783.6075
cindy_studio33 @yahoo.com
-14-
FSM Initials:
Date:
11086- 000111177833v2
11086- 000111177833v2
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ITEM NO. 16
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director /Agency Members
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: October 27, 2009
SUBJECT: Amendment to the Purchase and Sale Agreement and Escrow Instructions between
the Redevelopment Agency of the City of Temecula and Temecula Water Park L.P.
for the sale of Agency -owned property located at the northwest corner of Diaz Road
and Dendy Parkway (APN: 909 370 -002)
PREPARED BY: Luke Watson, Management Analyst
RECOMMENDATION: That the Temecula Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 09-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING THAT CERTAIN AMENDMENT
TO AGREEMENT FOR PURCHASE AND SALE AND ESCROW
INSTRUCTIONS BETWEEN THE AGENCY AND TEMECULA
WATER PARK L.P., FOR THE SALE OF APPROXIMATELY 19.7
ACRES AT THE NORTHWEST CORNER OF DIAZ ROAD AND
DENDY PARKWAY (APN: 909 370 -002)
BACKGROUND: The subject property consists of an approximate 19.7 -acre gross (17.5
net 763,818 square foot) portion of the approximate 34 -acre larger parcel identified as Assessor's
Parcel Number 909 370 -002. This 17.5 -acre net (763,818 square foot) portion of the larger parcel is
referred to below as the "subject property." The Agency purchased the parcel from the City in 1994
for a purchase price of $3.8 million with the Redevelopment Agency's affordable housing set -aside
fund. Since that time, the Agency has attempted to partner with private entities to develop the
property, including the Temecula Education Center.
At the September 22, 2009 joint hearing of the Temecula Redevelopment Agency and the City
Council, the Purchase and Sale Agreement and Escrow Instructions "PSA between the Temecula
Redevelopment Agency and Temecula Water Park L.P. was approved. This agreement established
a purchase price of $6.7 million for the subject property and stipulated that the escrow period would
end on October 30, 2009. Since the approval of the PSA, Temecula Water Park L.P. has requested
a six (6) month extension of the closing date and an extension of the date at which proof of financing
must be delivered to the Agency. Temecula Water Park L.P. has cited an increasingly difficult credit
market as the main reason for the extension.
If approved, the Amendment to the PSA would establish April 15, 2010 as the new date at which
evidence of financing must be delivered to the Agency and April 30, 2010 as the closing date for
escrow.
During the ENA period, the Agency contracted with Leighton Consulting Inc. to analyze the soils
conditions of the subject property. Leighton Consulting opined that it was necessary to surcharge
the soil. Agency staff believes that Leighton Consulting's conclusion further impacts the value of the
subject property because the extra cost of surcharging the soil was not factored into the appraisal
commissioned by the Agency in October 2008. The Agency estimates that this extra cost could be
as much as $1 million. The PSA specifies that $1 million be available as a "Hold Back." Therefore
the net minimum proceeds the Agency would receive from the sale of the subject property would be
$5.7 million.
FISCAL IMPACT: The Agency would net a minimum of $5.7 million from the sale of the
subject property. The Agency would deposit the net $5.7 million in proceeds from the sale of the
subject property into the Agency's Housing Set -Aside fund because the property was purchased
with funds from this account in 1994.
ATTACHMENTS:
Resolution No. RDA 09-
Amendment to Purchase and Sale Agreement
Purchase and Sale Agreement
RESOLUTION NO. RDA 09-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING THAT CERTAIN
AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS BETWEEN THE AGENCY AND
TEMECULA WATER PARK L.P., FOR THE SALE OF
APPROXIMATELY 19.7 ACRES AT THE NORTHWEST CORNER
OF DIAZ ROAD AND DENDY PARKWAY (APN: 909 370 -002)
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Redevelopment Agency of the City
of Temecula hereby finds, determines and declares that:
A. On September 22, 2009, the Agency and Temecula Water Park,
LP, "Buyer entered into the "Agreement For Purchase And Sale And Escrow
Instructions" (the "Agreement which provides for the sale of approximately 19.7
acres of land owned by the Agency northwesterly of the intersection of Diaz Road
and Dendy Parkway, APN 909 370 -002, in the City of Temecula (the Property
The sale price is $6,700,000 with a $1,000,000 hold back for certain designated
soils work.
B. The Agreement and the proposed Amendment are intended to
effectuate the Redevelopment Plan, by selling the Property to the Buyer for
development of uses allowed by the City's General Plan, Development Code and
the Redevelopment Plan. Proceeds from the sale of the Property will be placed
into the Agency's Low and Moderate Income Housing Funds (sometimes referred
to as the "Housing Set -Aside Fund for future development of affordable housing
in the Project Area and the Community.
C. Buyer and the Agency proposed to enter into an Amendment to
Agreement "Amendment that will extend the time for Closing of the sale and
extend the financing contingency.
D. Under the proposed Amendment, the purchase price for the sale of
the Property to the Buyer will not change and remains not less than the fair
market value of the Property at its highest and best use in accordance with the
Redevelopment Plan.
E. The Amendment is consistent with the Redevelopment Plan and
the Implementation Plan adopted by the Agency for the Project Area.
F. The Amendment is consistent with the City's General Plan.
G. The Agency Board has duly considered all terms and conditions of
the proposed Amendment at a public meeting and believes that the Amendment is
September 3, 2009 1
11087- 002411181515v1.doc
in the best interests of the Agency and City and the health, safety, and welfare of
its residents, and in accord with the public purposes and provisions of applicable
State and local law requirements.
H. The Amendment pertains to and affects the ability of all parties to
finance and carry out their statutory purposes and to accomplish the goals of the
Redevelopment Plan and is intended to be a contract within the meaning of
Government Code Section 53511.
Section 2. The Board of Directors of the Redevelopment Agency of the City
of Temecula hereby approves that certain Amendment to the Agreement entitled
"Amendment to Purchase and Sale Agreement" by and between Temecula
Redevelopment Agency and Temecula Water Park LP, "Amendment with such
changes in such document as may be mutually agreed upon by the Buyer and the Agency
Executive Director as are in substantial conformance with the form of such Amendment
on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby
authorized to execute the Amendment on behalf of the Agency in said form. A copy of
the final Amendment when executed by the Agency Chairperson shall be placed on file in
the Office of the Secretary of the Agency.
Section 3. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry
out and implement the Amendment and to administer the Agency's obligations,
responsibilities and duties to be performed under the Amendment and related documents,
including, but not limited to, the approval and execution on behalf of the Agency of
escrow instructions, certificates of completion, title reports, certifications, and such other
implementing agreements and documents as contemplated or described in the
Amendment necessary and convenient for the completion of the sale of the Property.
Section 4. The Secretary of the Agency shall certify the adoption of this
Resolution.
September 3, 2009 2
11087- 002411181515v1.doc
AMENDMENT TO "AGREEMENT FOR PURCHASE AND
SALE AND ESCROW INSTRUCTIONS" BETWEEN THE
TEMECULA REDEVELOPMENT AGENCY AND TEMECULA
WATER PARK L.P.
THIS AMENDMENT is dated as of October 27, 2009 and is entered into by and
between the TEMECULA REDEVELOPMENT AGENCY, a public body corporate and politic
"Seller and TEMECULA WATER PARK L.P., a California limited liability partnership
"Buyer
RECITALS
A. Buyer and Seller entered into an Agreement for Purchase and Sale and Escrow
Instructions dated September 22, 2009 (the "Agreement
B. Buyer and Seller desire to modify the Agreement to extend both the deadline for
satisfaction of Buyer's financing contingencies and the closing date.
1. Extension of Closing Date. The first sentence of Section 4.4 of the Agreement is hereby
deleted and the following sentence is hereby substituted in lieu thereof:
"Provided all of Seller's and Buyer's obligation to be performed on or before the close of
escrow have been performed (but this proviso shall not be construed to change any
covenants to conditions), and subject to satisfaction or waiver of the conditions to closing
described in Section 4.7 below, escrow shall "close" and the purchase and sale
transaction described herein shall be consummated on or before April 30, 2010 the
"Closing Date
2. Extension of Buyer Financing Contingency Deadline. Section 4.7.2 of the Agreement
is hereby deleted and the following is hereby substituted in lieu thereof:
"4.7.2 Buyer shall have a letter of intent from each provider of debt financing and each
provider of equity financing necessary to finance the purchase of the Property on or
before April 15, 2010 (as such date may be extended by the Executive Director of the
Seller in writing up to the Closing Date); and"
3. No Other Changes. Except as otherwise provided in this Amendment, all other terms
and conditions of the Agreement remain in full force and effect.
11086- 016111180940v1.doc
1
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and
year first written above.
11086- 016111180940v1.doc 2
BUYER:
TEMECULA WATER PARK L.P.,
a California limited liability partnership
By: Clearwater Waterpark Development, LLC,
a California limited liability company,
General Partner
SELLER:
By: EDJ, LLC, Manager
Evan Gentry
Print Name:
Title:
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic
Shawn D. Nelson
Executive Director
ATTEST:
Susan Jones, MMC, Agency Secretary
APPROVED AS TO FORM:
Peter Thorson, Agency Counsel
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS
(this "Agreement dated as of September 22, 2009, is entered into by and between TEMECULA
WATER PARK LP, a California limited partnership "Buyer and the TEMECULA
REDEVELOPMENT AGENCY, a public body, corporate and politic "Seller
1. PURCHASE AND SALE PURCHASE PRICE; HOLDBACK.
1.1 Sale and Purchase. Upon and subject to the terms and conditions in this
Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller fee simple
title to the land identified as Assessor's Parcel Number 909- 370 -002 in the City of Temecula,
County of Riverside, State of California, more particularly described on Exhibit "A" attached
hereto, together with any and all easements, privileges, permits, licenses, entitlements, and other
rights appurtenant thereto "Real Property and any and all buildings, fixtures, equipment,
structures, parking areas, landscaping, appurtenances and other improvements constructed or
situated on such Real Property "Improvements The Real Property and Improvements are
hereinafter collectively referred to as the "Property The Real Property is located in Project
Area 1988 -1 of the Seller and is subject to the Redevelopment Plan for Riverside County
Redevelopment Project Area No. 19884, as amended (the "Redevelopment Plan
1.2 Purchase Price. The purchase price "Purchase Price for the Property
shall be Six Million Seven Hundred Thousand Dollars ($6,700,000.00), payable in cash. The
Purchase Price shall be deposited by Buyer into Escrow in the form of a cashier's check, wire
transfer, or other form acceptable to the Escrow Holder, prior to the close of escrow and
delivered to Seller upon the Close of Escrow; however, One Million Dollars ($1,000,000.00) of
the Purchase Price (the "Improvements Amount shall be paid by Seller to Buyer as described
in Section 1.3 below.
Within five (5) days after the opening of escrow under Section 4.2, Buyer shall
deliver to Escrow Holder a deposit in the amount of Two Hundred Fifty Thousand Dollars
($250,000.00) (the "Deposit in the form of a cashier's check, by a federal wire transfer, or
other form acceptable to the Escrow Holder. The Deposit shall be placed in an interest bearing
account (the "Escrow Account and all interest accruing thereon shall increase and become a
part of the Deposit. On the Close of Escrow, the Deposit shall be applied toward the cash
payment of the Purchase Price. The remaining balance of the cash payment of the Purchase
Price shall be payable by Buyer in the form of a cashier's check, federal wire transfer, or other
form acceptable to the Escrow Holder and placed in the Escrow Account prior to the Close of
Escrow. In the event the Agreement tenninates under Section 4.7 or as a result of a default by
Seller, then the Deposit shall be refunded to Buyer.
IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE
PROPERTY AS HEREIN PROVIDED BY REASON OF DEFAULT OF BUYER, IT IS
AGREED THAT THE DEPOSIT THEN HELD BY ESCROW HOLDER SHALL BE
NON REFUNDABLE AND SELLER SHALL BE ENTITLED TO SUCH DEPOSIT,
WHICH AMOUNT SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES
11087- 0001A1174150v2.doc 1
AND NOT AS A PENALTY AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY.
IT 1S AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE
OF THE DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE
SECTION 1671 ET SEQ. BUYER AND SELLER AGREE THAT IT WOULD BE
IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY
DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE
ITS PURCHASE OF THE PROPERTY. BUYER DESIRES TO LIMIT THE
MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HEREUNDER AND
BUYER AND SELLER DESIRE TO AVOID THE COSTS AND DELAYS THEY
WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES
OR OTHERWISE ENFORCE SELLER'S RIGHTS. IF FURTHER INSTRUCTIONS
ARE REQUIRED BY ESCROW HOLDER TO EFFECTUATE THE TERMS OF THIS
PARAGRAPH, BUYER AND SELLER AGREE TO EXECUTE THE SAME. THE
PARTIES ACKNOWLEDGE THIS PROVISION BY PLACING THEIR INITIALS
BELOW-
SE
1.3 Improvements Account. The Improvements Amount shall be disbursed by
the Seller to the Buyer after the Close of Escrow on a monthly basis, but no more often than once
every 30 days, to pay or reimburse Buyer for costs actually incurred by Buyer in over excavating
and recompacting soil on the Property, provided Buyer delivers to Seller a written request for
disbursement showing the amount requested, describing the costs incurred and including
reasonable written evidence of such costs (including applicable invoices with unconditional
mechanics lien releases from the work paid for with the previous disbursement of Improvements
Amount funds and conditional mechanics lien releases for the work for which funds are being
requested). Any portion of the Improvements Amount not disbursed by Seller to Buyer as of
March 1, 2010 shall be retained by Seller. The provisions of this Section 1.3 shall survive the
Close of Escrow.
TITLE.
11087-01101 50v3.doc 2
BUYER
2.1 General. Title to the Property shall be conveyed by Grant Deed and shall
be evidenced by a CLTA Standard Coverage Form of Owner's Policy of Title Insurance (or an
ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Paragraph
2.3 hereof) "Title Policy the cost of which shall be borne by Buyer, issued by First American
Title Company, 3625 Fourteenth Street, Riverside, California 92501, Title Officer: Terrell
Crutchfield "Title Company with liability in the full amount of the Purchase Price, insuring
title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other
matters affecting title to the Property, except the following (the "Approved Title Exceptions)
2.1,1 Real property taxes not yet due and payable; and
2.1.2 All items described in that certain Preliminary Title Report dated
August 19, 2009 prepared by First American Title Company under Order No. NHRV- 3117568.
2.2 Acts After Date of Agreement. During the period from the date of this
Agreement through the close of escrow. Seller shall not record. or file for record or permit to be
recorded or filed for record any document or instrument which will affect the title to or use of the
Property without the prior written consent of the Buyer.
2.3 Option for ALTA Coverage. Buyer shall have the option of obtaining an
ALTA Extended Coverage Form Policy of Title insurance or a CL.TA Standard Coverage Form
Owners Policy of Title Insurance. In such event, Buyer shall, at its expense, procure an AI.,TA
survey (the "Survey The cost of an ALTA Extended Coverage Form Policy of Title Insurance
shall be borne by Buyer.
1 t uS74 U0I I 174 150■ 3.cioc
RIGHT OF ENTRY.
3.1 Seller hereby grants Buyer and its agents, employees, contractors and
subcontractors (collectively "Representatives the right to enter on the Property for the purpose
of conducting soils and geological investigation and testing for toxic or hazardous substances
and other contamination. Such investigations shall be at Buyer's expense.
3.2 All work performed by Buyer and its Representatives will be performed
diligently and in a manner consistent with the standards of care, diligence and skill exercised by
recognized consulting firms for similar services. and in accordance with all regulatory and good
management standards and the requirements of any governmental agency or entity and all
applicable laws.
3.3 Buyer and its Representatives shall promptly notify the Seller of any
discovery, spill, release, or discharge of any "Hazardous Materials as defined in Paragraph 5,
on, under or about the Property which is discovered, encountered, or results from or is related to
the Buyer's or its Representatives' access to and /or use of the Property under this Agreement.
3.4 In connection with the use of the Property by Buyer and its
Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep the
Property. and any improvements and personalty thereon, in good order and repair and safe
condition to the extent that such Property, improvements or personalty were in such condition
prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition,
including, without limitation, ensuring that any holes, ditches or other indentations, as well as
any mounds or other inclines created by any excavation by Buyer or its Representatives are
regraded, resurfaced and compacted. If any portion of the Property or an adjacent property,
including improvements and fixtures, suffers damage or alteration by reason of the access and
activities of Byer or its Representatives on the Property. Buyer shall, at its own cost and
expense, promptly repair all such damage and restore the Property or adjacent property to as
good a condition as before such damage or alteration occurred, or if it cannot he repaired, Buyer
shall replace such damaged or altered property to the extent possible.
3.5 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify,
and hold free and harmless Seller and its employees, agents, and representatives, and their
successors, and assigns (individually as "hhdemnitee" and collectively. "Indemnitees" free and
harmless from and against any and all damages, costs, expenses, liabilities, claims, demands,
causes of action proceeclings., expenses, judgments, penalties, liens, and losses of any nature
whatsoever ("Claims"), including fees of accountants, attorneys. expert witnesses, or other
professionals, and all costs associated therewith. arising or claimed to arise. directly or indirectly.
out of, in connection wit!t, resulting from. or related to any act- failure to act, error, or omission
of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly, out of, in
connection with, resulting from, or related to entry upon the Property pursuant to this Paragraph
3. except for that portion or percentage of a Claim against an lndemnitee based on the
negli gence, gross negligence or willful misconduct of such lndemnitee.
4. ESCROW.
4.1 Agreement to Constitute Escrow Instructions. This Agreement shall
constitute escrow instructions and a copy hereof shall be deposited with the Escrow Holder for
this purpose.
4.2 Escrow Holder. The escrow shall be opened with First American Title
Company, 3625 Fourteenth Street, Riverside. CA 92501, Attention: Debra Dunn "Escrow
Holder within five (5) business days after the execution of this Agreement (or copies thereof)
by Buyer and Seller by depositing an executed copy or executed counterparts of this Agreement
with Escrow Holder. This document shall be considered as the escrow instructions between the
parties, with such further instructions as Escrow Holder requires in order to clarify the duties and
responsibilities of Escrow Holder. If Escrow Holder shall require further escrow instructions,
Escrow Holder shall promptly prepare such escrow instructions on its usual form for the
purchase and sale of the Property upon the terns and provisions hereof. Provided such further
escrow instructions are consistent with this Agreement, they shall he promptly signed by Buyer
and Seller within five (5) business days after delivery thereof to each party. The further escrow
instructions shall incorporate each and every term of this Agreement and shall provide that in the
event of any conflict between the terms and conditions of this Agreement and such further
escrow instructions, the terms and conditions of this Agreement shalt control.
4.3 Opening of Escrow. Escrow shall be deemed open on the date of delivery
to the Escrow Holder of a copy of this fully executed Agreement.
4.4 Close of Escrow. Provided all of Sellers and Buyer's obligations to be
performed on or before close of escrow have been performed and all the conditions to the close
of escrow set forth in this Agreement have been satisfied, escrow shall close on or before
October 30. 2009 ("Closing Date All risk of loss or damage with respect to the Property shall
pass from Sellers to Buyer at the close of escrow. Possession of the Property shall be delivered
to Buyer upon the close of escrow.
4.5 Buyer's Deliveries. On or before the close of escrow, Buyer shall deposit
into escrow the following (properly executed and acknowledged, if applicable):
4.5.1 The amount of the Purchase Price less the Deposit; and
4.5.2 All other documents contemplated by this Agreement and required
by Escrow Holder to be deposited by Buyer to carry out this escrow.
I i 087-n001 1 1 74:50%3 doc 4
4.6 Seller's Deliveries. Before the close of escrow. Seller shall deposit into
escrow Ole following (properly executed and acknowledged, if applicable):
4.6.1 A Grant Deed conveying the Property to Buyer: and
4.6.2 Any other documents contemplated by this Agreement or required
by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
4.7 Conditions to the Close of Escrow. Escrow shall not close unless and until
both parties have deposited with Escrow Holder all sums and documents required to be deposited
as provided in this Agreement. The failure of a party to timely deposit any such suns andior
documents shall constitute a default by such party. In addition to the closing conditions set forth
above, Buyer's obligation to proceed with the transaction contemplated by this .Agreement is
subject to the satisfaction of all of the following conditions precedent, which are for Buyer's
benefit and may waived on b y B uyer:
4.7.1 Bayer's reasonable approval of the results of such soils,
geological, toxic waste, hazardous substance, andior any other kind of soil or water
contamination tests and analyses as Buyer or its agents, employees or representatives may, prior
to the Closing Date. perform with respect to the Property;
4.7.2 Buyer shall have obtained debt and/or equity financing for the
purchase on or before October 15, 2009 (as such date may be extended by the Executive Director
of the Seller,, in writing for cause); and
4.7.3 Title Company shall have issued or shall have committed to issue
the Title Policy to Buyer in the amount of the Purchase Price, showing fee title to the Property to
be vested in Buyer, subject only to the Approved Title Exceptions.
Waiver of any condition to close of escrow shall not relieve any party for liability
resulting front breach of any representation, warranty, covenant or agreement under this
Agreement. In the event that the conditions to close of escrow are not timely satisfied for a
reason other than a default of Buyer or Seller under this Agreement (and in the case of the
condition in Section 4.7.2, Buyer shall have used diligent reasonable efforts to satisfy such
condition and shall have sent Seller a written notice of termination within five (5) business days
after the deadline set forth in Section 4.7.2, as it may have been extended pursuant to the terms
of Section 4.7.2):
(i) This Agreement, the escrow and the rights and obligations of Buyer and
Sellers hereunder shall teminate, except as otherwise provided herein; provided, however, no
such termination shall occur until (.A) Buyer has had the opportunity to waive any condition for
Buyer's benefit within two (2) business days after the later of Buyer's receipt of written notice
from Sellers or Buyer's discovery that such condition will not be satisfied, and (B) Buyer does
not elect to waive such condition; and
('ii) Escrow Holder, upon such termination, is hereby instructed to promptly
return to Buyer the Deposit and other funds (and all interest accrued thereon) and documents
deposited by Buyer in escrow. and to return to Sellers all funds and documents deposited by
1EOS7- 1itOI`I i7d!50� ?.doe
Sellers in escrow and which are held by Escrow Holder on the date of the termination (less, in
the case of the party otherwise entitled to such funds, however, the amount of any cancellation
charges required to be paid by such party under Paragraph 4.11 below).
4.8 Recordation of Grant Deed: Delivery of Flids. 1.5pon receipt of the funds
and instruments described in this Paragraph 4. Escrow Holder shall cause the Grant Deed to be
recorded in the office of the County Recorder of Riverside County, California. Thereafter,
Escrow. Holder shall deliver the proceeds of this escrow (less any appropriate charges) to Seller.
4.9 Taxes. Any supplemental or escape real estate taxes and assessments on
the Property attributable to the period after the close of escrow shall be paid by Buyer outside of
the escrow. All prorations shall be determined on the basis of a 360 -day year.
4.10 Costs of Escrow. I3uyer shall pay all escrow fees and costs associated
with the purchase of the subject real property, the cost of recording the Grant Deed, if any, the
cost of documentary transfer taxes in connection with the recordation of the Grant Deed, if any,
and all other closing costs or charges.
4.11 Escrow Cancellation Charges. In the event that this escrow shall fail to
close by reason of the default of either party hereunder, the defaulting party shall be liable for all
escrow and title cancellation charges. In the event that the escrow shall fail to close for any other
reason, each party shall pay one -half (112) of all escrow and title cancellation charges.
4.12 Broker's Commissions. Buyer and Seller represent to one another that no
broker or finder has been engaged in connection with the transaction contemplated by this
Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants
and agrees that any broker fee or commission. which may be due or payable in connection with
the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller.
Seller agrees to indemnify, defend, protect and hold harmless Buyer and its respective
employees, agents, representatives. council members, attorneys, successors and assigns, from
and against all claims of any agent, broker, finder or other similar party arising from or in
connection with the sale of the Property to Buyer.
5. CERTAIN DEFINITIONS.
The term "Hazardous Materials" shall mean and include the following, including
mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or
constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the
Pederal Insecticide. Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sue; asbestos and
asbestos- containing materials, PCBs and other substances regulated under the Toxic Substances
Control Act. 15 U.S.C:. Section 2601 et seq; source material, special nuclear material, by- product
material and any other radioactive materials or radioactive wastes, however produced, regulated
under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the
OSHA hazard Communication Standard. 29 C.F.R. Section 1910.1200 et seq; industrial process
and pollution control wastes, whether or not hazardous within the meaning of the Resource
t6 1 1001'11 7 41 50, ?.doe 6
Conservation and Recovery Act. 42 U.S.C. Section 6901 et, seq.; any substance defined as a
"hazardous substance in California Civi Code Section 29 or California Code of Civil
Procedure Section 736(0(3): and any other substance or material regulated by anv
Environmental Laws.
The term "Environmental Laws' shall mean and include all federal. state and
local statutes. ordinances. regulations and rules in effect on or prior to the date hereof relating to
environmental quality, health, safety. contamination and clean -up, including, without limitation,
the Clean Air Act. 42 U.S.C. Section 7401 et seq; the Clean Water Act, 33 U.S.C. Section 1251
ei seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et seq; the Marine Protection. Research, and Sanctuaries Act, 33
U.S.C. Section 1401 et seq: the National Environmental Policy Act, 42 U.S.C. Section 4321 et
seq; the Noise Control Act, 42 U.S.C. Section 4901 et seq; the Occupational Safety and Health
Act, 29 U.S.C. Section 651 et seq; the Resource Conservation and Recovery Act 42 U.S.C.
Section 6901 et seq; as amended by the Hazardous and Solid Waste Amendments of 1984; the
Safe Drinking Water Act, 42 U.S.C. Section 300f et seq; the Comprehensive Environmental
Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq: as amended by the
Superfund Amendments and Reauthorization Act, the Emergency Planning. and Community
Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic
Substances Control Act 15 U.S.C. Section 2601 et seq the Atomic Energy Act, 42 U.S.C.
Section 2011 et seq; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq;
and state and local environmental statutes and ordinances, with implementing regulations and
rules in effect on or prior to the date hereof.
6. EMINENT DOMAIN OR TAKING: PHYSICAL DAMAGE OR
DESTRUCTION.
6.1 If, prior to the close of escrow, any material portion of the Property is
taken or if the access thereto is materially reduced or restricted by eminent domain or otherwise
(or becomes the subject of a pending, threatened or contemplated taking which has not been
consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall
immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and
absolute discretion. to terminate this Agreement upon written notice to Seller given not later than
ten (10) business days after receipt of Seller's notice, If Buyer does not exercise this option to
terminate this Agreement, neither patty shall have the right to terminate this Agreement, but the
Seller shall assign and turn over to Buyer, and the Buyer shall be entitled to receive and keep, all
awards for the taking by eminent domain which accrue to Seller, and the parties shall proceed to
the close of escrow pursuant to the terms hereof. without modification of the terms of this
Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is
terminated. Seller shall take no action with respect to any eminent domain proceeding without
the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed.
6. If prior to the close of escrow, any material portion of the Property is
physically damaged or destroyed due to any cause, natural or otherwise, including, without
limitation. (i) any destructive seismic or geological conditions such as any earthquake or tremor,
subsidence- or unstable subsurface conditions known to seller; or (ii) a condition arising from
violation of any Environmental 1..aws known to Seller, Seller shall immediately notify Buyer of
110S7-uoof =n7d ,o do< 7
such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to
terminate this Agreement upon written notice to Sellers given not later than ten (10) business
days after receipt of Sellers notice. if Buyer does not exercise this option to terminate this
Agreement. neither parry shall have the right to terminate this Agreement, but 1110 Seller shall
assien and turn over, and the Buyer shall be entitled to receive and keep, all insurance proceeds
paid by Seller's insurer in connection with such damage or destruction, and the parties shall
proceed to Ole close of escrow pursuant 10 the terms hereof without modification of the terms of
this Agreement and without any reduction in the Purchase Price (except as otherwise provided
pursuant to Paragraph 1.2 hereof). unless and until this Agreement is tetnlinated, Seller shall
take no action with respect to any such damage and destruction without the prior written consent
of Buyer. which consent shall not be unreasonably withheld or delayed.
7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to
herein are incorporated in this Agreement as though fully set forth herein.
8. ATTORNEYS' FEES. In any action between Buyer and Seller seeking
enforeemeut of any of the terms and provisions of this Agreement, or in connection with the
Property, the prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief. its reasonable costs and expenses, not limited to taxable costs, reasonable
attorneys' fees and reasonable fees of expert witnesses.
9. NOTICES. All notices, requests, demands and other communication given or
required to he given hereunder shall be in writing and personally delivered, sent by first class
United States registered or certified mail, postage prepaid, return receipt requested_ or sent by a
nationally recognized courier service such as Federal Express, duly addressed to the parties as
follows:
To Seller:
With a Copy To:
To Buyer:
To Escrow Holder:
I1IS7- 100r.I 17 »I.i( 3.doc 8
Temecula Redevelopment Agency
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589
Attention: Luke Watson
Richards, Watson and Gershon
355 South Grand Avenue, 40tH Floor
Los Angeles. California 90071 3101
.Attention: Peter Thorson
Temecula Water Park LP
999 Corporate Dr., Suite 215
Lindera Ranch, CA 92694
Attn: Joshua blunter
First American Title Company
3625 Fourteenth Street
Riverside. CA 92501
Attention: Debra Dunn, Escrow Officer:
Terrell Crutchfield. Title Officer
Delivery of any notice or other communication hereunder shall be deemed made
on the date of actual delivery thereof to the address of the addressee. if personally delivered, and
on the date indicated in the return receipt or courier's records as the date of delivery or as the
dale of first attempted deliyerc, if sent by mail or courier service. Any party may change its
address for purposes of this Paragraph 9 by giving notice to the other party and to Escrow Holder
as herein provided.
10. ASSIGNMENT. At any time before the close of escrow, Buyer may assign this
Agreement. in whole. to an entity "Assignee that is managed by Clearwater Waterpat'l:
Development. TIC. a California limited liability company, and the General Partner of Buyer;
pro v used. however. that following any such assignment. unless and until the close of escrow
Bayer shall remain jointly liable with Assignee for any liability hereunder. Buyer shall promptly
notify Seller and Escrow Holder in writing of any such assignment. Otherwise, neither this
Agreement nor any interest herein may be assigned by either party without the prior written
consent of the other party.
11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto. and their successors and assigns.
12. ENTIRE AGREEMENT- This Agreement contains all of the agreements of the
parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged herein
and shall not be effective for any purpose. No provision of this Agreement may be amended,
supplemented or in any way modified except by an agreement in writing signed by the parties
hereto or their respective successors in interest and expressly stating that it is an amendment of
this Agreement.
13. HEADINGS. The headings of this Agreement are for purposes of reference only
and shall not limit or define the meaning of the provisions of this .Agreement.
14. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
saute instrument.
15. SURVIVAL. Any provision hereof which is executory as of the Closing Date and
all representations and warranties shall survive such close of escrow and delivery of the Grant
Deed and shall continue to be a binding provision on the parties hereto according to its terns.
16. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
17. THIRD PARTIES. Nothing contained in this Agreement. expressed or implied, is
intended to confer upon any person. other than the parties hereto and their successors and
assigns. any rights or remedies under or by reason of this Agreement.
IrI>. -0010 I I- 4 1= 0x3.0 oc
18. SEVERABI L.ITY. if any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein, unless such invalidity, illegality or
unenforceability materially affects the economic terms of the transactions contemplated by this
Agreement or the ability of either party to perform its obligations under this Agreement. In such
case, either party may terminate this Agreement and the escrow upon written notice to the other
party given no later than ten (10) business days after the party giving such notice becomes aware
of such invalidity. illegality or unenforceability. In the event of such termination. all funds
deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to
Buyer.
19. ADDITIONAL DOCUMENTS. Each party hereto agrees to perform any further
acts and to execute, acknowledge and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
20. DEVELOPMENT AND USE PER REDEVELOPMENT PLAN. Buyer shall
develop and use the Property in accordance with the Redevelopment Plan. The foregoing shall
be included in the Grant Deed, and shall survive the Close of Escrow.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
BUYER:
TEMECULA WATER PARK LP,
a California limited partnership
By: Clearwater Waterpark Development, LLC,
a California limited liability company,
General Partner
SELLER:
By:
By: EDJ, LLC.
a California limite a ity company,
Mara
Bv:
Evan Gentry
Manager
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and 'tic
Ron Roberts, Chairperson
I -.nrW l' 1 1 '•=4 i 50h 1 .,1oe 1 t)
APPROVED AS TO FORM:
Richards. Watson Gershon
By
Pe:44 N4 "1:44ersen, Agency Counsel
6 r CreAli
!1;S7-IOU n i 150■3.rioc
I 1001 I I 741 3Aftw
EXIIIBIT "A"
DESCRIPTION OF THE LAND
[Attached.]
A-
EXHIBIT "A"
DESCRIPTION OF THE LAND
Real property in the City of Temecula, County of Riverside, State of California, described as
follows:
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 4646 AS SHOWN BY PARCEL MAP OF FILE IN
BOOK 6 PAGE(S) 75 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 (SAID NORTHEASTERLY LINE
ALSO BEING THE CENTERLINE OF A RIVER CHANNEL EASEMENT TO THE COUNTY OF
RIVERSIDE), SOUTH 41 °4222" EAST 19.08 FEET TO THE BEGINNING OF A TANGENT 4000.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
6 °36'30 A DISTANCE OF 461.35 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 48 °18'52" EAST 482.01 FEET;
THENCE LEAVING SAID NORTHEASTERLY BOUNDARY SOUTH 43 °58'46" WEST 1387.89 FEET TO
THE BEGINNING OF A TANGENT 850.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
25 °52'42" A DISTANCE OF 383.91 FEET;
THENCE NORTH 41 °50'22" WEST 1001.63 FEET;
THENCE NORTH 48 °09'30" EAST 1680.60 FEET TO THE POINT OF BEGINNING.
APN: 909-370-002
11087- 0001 \I 174150v2.doc A -1
RDA DEPARTMENTAL
REPORT
ITEM NO. 17
TO: Executive Director /Agency Members
FROM: Patrick Richardson, Planning and Redevelopment Director
DATE: October 27, 2009
SUBJECT: Redevelopment Departmental Monthly Report
RECOMMENDATION: Receive and file.
REDEVELOPMENT
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
Town Square Market Place As part of the Civic Center Master Plan, the City has created a
development opportunity for approximately 52,000 square feet of commercial and office
development surrounding the Town Square along the reconfigured Main Street. The Agency
issued a Request for Interest to select a preferred development partner. On August 26, 2008,
the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties
to develop the project. Pelican has participated in several meetings with Old Town stakeholders
and adjacent property owners. They have worked closely with staff on site planning issues. On
January 22, 2009 the Executive Director granted a three -month extension to the Exclusive
Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy staff
recommends the Agency extend the ENA an additional six months. On May 26, 2009 Agency
Board approved a six (6) month extension to the ENA.
Auto Mall Sign The Agency and Auto Dealers Association have agreed on deal points and
both parties are reviewing the loan documents at this time. The new deal as of this time will
include a loan from the Agency to the Auto Dealers Association in the amount of $875,000 for a
state of the art high definition marquee sign. Part of the agreement stipulates that the City will
have 10% of the time between sunrise and 11:00 p.m. daily to use the sign to promote City
interests. The sign will be located on the currently vacant parcel south of Rancho Ford. The old
sign will be removed. The Loan Agreement is scheduled to come before the Agency Board on
October 13, 2009
Facade Improvement Program The Facade Improvement Program provides funding
assistance to Old Town business and property owners to provide exterior improvements to their
buildings and property. Funding in the amount of $80,000 is available during FY 2009 -2010.
The following facade improvements are in process or recently completed:
Emporium Center Facade Renovation
Temecula Stage Stop Outdoor canopy renovation
Pennypickle's Workshop Change copy and refurbish sign
The applications currently under review have exhausted the Facade Improvement Program
budget for this Fiscal Year. Staff will advise all subsequent applicants that funds are not
available for the remainder of this Fiscal Year.
HOUSING
Housing Element Update The Agency is preparing the Housing Element Update. A third draft
of the Housing Element was submitted to the State Department of Housing and Community
Development (HCD) for a 60 -day review and comment period on April 9, 2009. HCD comments
were received on June 9, 2009. RDA staff revised the final draft based on HCD's June 2009
letter. Staff completed an initial study and Negative Declaration for the Housing Element. The
Planning Commission recommended on September 2, 2009 that the City Council approve the
Housing Element Update and adopt the Negative Declaration. A City Council hearing is
scheduled for November 10, 2009. Upon adoption by the City Council, the Housing Element will
be submitted a final time to HCD for a 90 -day Certification review.
The Warehouse at Creekside On August 12, 2008, the City Council approved an Owner
Participation Agreement with Warehouse at Creekside for an Affordable Housing Mixed Use
Project. The Agency is currently working with Bill Dalton on a new development on 3r Street in
Old Town. The proposed development includes 32 units of affordable housing and a 3500
square foot ground floor of commercial. The project includes one dedicated parking space for
each residential unit. Grading permits have been issued for the project. The project is currently
under construction and is slated to be completed by fall 2010.
Diaz Road Exclusive Negotiation Agreement The Agency issued a Request for Interest to
select a preferred development partner for the 30 -acre site located on Diaz Road. Seven firms
have responded. On September 9, 2008, the City Council entered into an Exclusive Negotiating
Agreement with RC Hobbs Company to develop the project. Due to the State of California's
Redevelopment SERAF take it is not possible for the Agency to pursue a project with the Hobbs
Company on the Diaz site at this time. The Agency negotiated a Purchase and Sale Agreement
and Escrow Instructions "PSA for the sale of approximately 20 acres to Clearwater
Development for the development of a water park. The Agency Board approved the PSA on
September 22, 2009. Major terms of the PSA are a purchase price of $6.7 million with a $1
million "holdback" to mitigate existing soils conditions. Escrow on the transaction is scheduled
to close on October 30, 2009
First Time Homebuvers Program On July 22, 2008, the City Council approved an amendment
to increase the loan amount for down payment assistance from $24,000 to $65,000. This down
payment assistance allows qualifying households to purchase homes in the $250,000- $300,000
price range. An article published in the Californian on July 5, 2009 has generated tremendous
interest in the program. However, on July 24, 2009, the State Legislature passed a budget that
proposes a take of $2.05 Billion in statewide redevelopment agency funds to help close the
State's current budget deficit. This means that about $4,300,000 in City of Temecula
Redevelopment Agency funds could be diverted to the state this Fiscal Year and an additional
$900,000 diverted to the state in Fiscal Year 2010/2011. As a result, funding for this program is
temporarily frozen and no new applications are being considered at this time.
Summerhouse The Agency negotiated an Owner Participation Agreement "OPA with
Summerhouse Housing Partners L.P for the purchase and development of the Summerhouse
community. The Agency Board approved the OPA on September 22, 2009. The OPA terms
require the development of 70 affordable units at very -low income, 20 units at moderate income,
and 20 units at senior affordable income. The terms of this agreement place affordability
restrictions on the property for 55 years.
Summerhouse Housing Partners L.P. has closed escrow and taken full title to the property and
has begun the clean -up and restoration of the site. A development plan has been submitted to
the City and completion of the partially completed units shall begin within 120 days with
completion of those 20 units no more than 15 months thereafter.
Residential Improvement Program The program budget for FY 2009/2010 is $200,000.00.
However, on July 24, 2009, the proposed State budget take of about $4,300,000 from the City
of Temecula Redevelopment Agency has required unreserved funds budgeted for this program
to be temporarily frozen. The Redevelopment Agency is currently processing 5 applications
totaling $34,295 that were in the queue prior to Monday, July 27. No new applications are being
considered at this time. Eleven applications are on hold pending release of funds for this
program.
COUNCIL BUSINESS
ITEM NO. 18
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Genie Roberts, Director of Finance
DATE: October 27, 2009
SUBJECT: Proposed Ordinance to Amend Section 3.2070 of the City of Temecula Muncipal
Code (Reporting and Remitting), and 3.20110 (Appeal) of the City of Temecula
Muncipal Code Relating to Transient Occupancy Tax
PREPARED BY: Rudy J. Graciano, Revenue Manager
RECOMMENDATION: That the City Council:
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 SECTION 3.20.070 OF THE TEMECULA MUNICIPAL CODE,
REPORTING AND REMITTING, AND 3.20.110, APPEAL, OF THE
TEMECULA MUNICIPAL CODE RELATING TO THE TRANSIENT
OCCUPANCY TAX
2. Adopt a resolution entitled:
RESOLUTION NO. 09-
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE TRANSIENT OCCUPANCY TAX
APPEAL FEE SCHEDULE
SUMMARY OF ORDINANCE AMENDMENT: The Transient Occupancy Tax (TOT) Municipal
Code was originally adopted on February 13, 1990. This proposed Ordinance amendment would
amend Section 3.20.070 of the Temecula Municipal Code to clarify existing language to specifically
require transient occupancy tax remittances be deemed timely made if postmarked by the United
States Postal Service on the due date. Currently the Municipal Code does not clearly specify what
criteria to be used to determine timeliness of remittances. The proposed Ordinance amendment
would also amend Section 3.20.110 of the Temecula Municipal Code to implement an administrative
(A)
(B)
(C)
(U)
(E)
(F)
(G)
(H)
Department
FY 09/10
Annual
Operating
Budget
Number of
Authorized
Positions
Number of
Productive
Hours Per
User Fee
Study
Total
Productive
Hours
(Column C
multiplied by
Column.D)
Department
Hourly
Rate
(Column B
divided by
Column E)
Estimated
Prep
Time for
Appeal
TOT
Hearing
Rate
(Column F
multiplied by
Column G)
Clerk
$1,030,10
0
10
1,800
18,000
$57
1 hr.
$57
Finance
$2,032,06
4
17
1,800
30,600
$66
.5 hr.
$33
Processing
Fee
$90
process to conduct hearings for appeals of taxes, penalties and interest before an independent
hearing officer. Currently, hearings must be done at a City Council meeting.
BACKGROUND: Staff is proposing to amend Section 3.20.070 of the Temecula
Municipal Code to clarify the existing language to specially require transient occupancy returns and
tax payments as deemed timely made if postmarked by the United States Postal Service on the due
date. Staff has been using this criteria to evaluate the timeliness of remittances paid by mail, but it
is subject to interpretation and challenge. The current Temecula Municipal Code does not clearly
specify what criteria is to be used to determine timeliness of remittance.
Staff is also proposing to amend Section 3.20.110 of the Temecula Municipal Code to implement an
administrative process to conduct hearings for appeals of taxes, penalties, and interest. Currently,
the Temecula Municipal Code requires the City Council to set an appeal hearing date and conduct
an appeal hearing at a City Council meeting to contest taxes, penalties, and interest assessed. The
proposed amendment recommends an administrative process necessary to conduct an appeal
hearing utilizing a third party hearing officer. The amendment would require the cost, if any, of the
hearing officer be deposited prior the appeal hearing, which would be returned without interest
should the appellant substantially prevail. The hearing officer will consider evidence received from
the tax administrator and the appellant and shall render a decision. The decision of the hearing
officer shall be final and conclusive. Any amount found to be due shall be immediately due and
payable upon the service of notice.
Staff is also proposing a Resolution to establish a TOT appeal fee to help offset City costs incurred
to prepare for the appeal hearing. A table demonstrating how the processing fees were developed
is provided below:
The processing fee for staff costs is calculated at $90 and is due from the appellant prior to the
appeal hearing. The processing fee for staff costs was developed by computing departmental
hourly rates for both the Finance and City Clerk departments and multiplying these rates by the
anticipated staff time necessary to process the appeal. Any fees related to the cost of a hearing
officer will also be due from the appellant prior to the appeal hearing. In the event the appellant
substantially prevails, the appeal fee shall be returned to the appellant.
FISCAL IMPACT: Any fees related to the cost of the appeal hearing are required to be
deposited bythe appellant prior to the hearing. Fees would be returned to the appellant only should
the appellant substantially prevail.
ATTACHMENTS: Ordinance No. 09-
Resolution No. 09-
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTION 3.20.070 OF THE
TEMECULA MUNICIPAL CODE, REPORTING AND
REMITTING, AND 3.20.110, APPEAL, OF THE
TEMECULA MUNICIPAL CODE RELATING TO THE
TRANSIENT OCCUPANCY TAX
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Section 3.20.07 of the Temecula Municipal Code is hereby
amended to read as follows:
"3.20.070 Reporting and Remitting. Each operator shall, on or before the
last day of the month following the close of each calendar month or of such
different reporting period as may be established by the tax administrator, make a
return to the tax administrator, on forms provided by the tax administrator, of the
total rents charged and received, the amount of tax collected for transient
occupancies, and such other information as may be reasonably required. At the
time the return is filed, the full amount of the tax collected shall be remitted to the
tax administrator. The tax administrator may establish either shorter or longer
reporting periods for any individual certificate holder or category of certificate
holders if the tax administrator deems it necessary or desirable in order to insure
collection of the tax or to increase the efficiency of its administration. Returns and
payments are due immediately upon cessation of business for any reason. All
taxes collected by operators pursuant to this chapter shall be held in trust for the
account of the city until payment thereof is made to the tax administrator. The
return and tax payment shall be deemed timely made if postmarked by the
United States Postal Service on the date due."
Section 2. Section 3.20.110 of the Temecula Municipal Code is hereby
amended to read as follows:
"3.20.110 Appeal.
A. Any operator aggrieved by any decision of the tax
administrator with respect to the amount of such tax, interest and penalties
or other decisions of the tax administrator "tax determination may
appeal the tax determination pursuant to the provisions of this Section.
Any operator appealing the tax determination pursuant to the provision of
this Section shall pay the costs of a hearing officer to hear the appeal,
unless such operator substantially prevails on the appeal.
B. The right to file a written appeal shall terminate upon the
expiration of fifteen (15) calendar days of the date of the serving or mailing
of the tax determination. The written appeal shall be filed with the City
Clerk of the City of Temecula and shall be accompanied by an appeal fee
in an amount as set by City Council resolution, which amount shall include
a deposit for the costs of the hearing officer. The City Clerk shall promptly
forward a copy of the appeal to the tax administrator.
C. In the event an appeal is timely filed, the tax determination
shall not be effective until a final decision has been rendered by the
hearing officer pursuant to this section. If no timely appeal is filed, the tax
determination shall become effective upon expiration of the period for filing
appeals.
D. Upon receipt of a timely appeal, the City Clerk shall select a
hearing officer to conduct the appeal hearing. Not later than fifteen (15)
days after the filing of the notice of appeal, the City Clerk shall notify the
tax administrator and operator of the name of the proposed hearing
officer. The tax administrator or operator may reject a proposed hearing
officer once without cause and any subsequent proposed hearing officers
only on the basis of actual bias upon notifying, not later than five (5) days
after the date of mailing the notice of the name of the proposed hearing
officer, the City Clerk in writing that he or she elects to reject the proposed
hearing officer. The hearing officer shall be fair, impartial, and
knowledgeable in municipal affairs, and shall have no bias for or against
the tax administrator or operator.
E. The City Clerk shall then set the hearing for a date not less
than fifteen (15) days after the mailing of the notice of hearing nor more
than thirty (30) days after the mailing of the notice of hearing. The parties
may in writing agree to a continuance of the hearing date. On the motion
of a party and for good cause shown, the hearing officer may continue the
initial hearing date.
F. At the appeal hearing, the hearing officer shall receive oral
and written evidence from the tax administrator and operator. The hearing
officer shall have authority to administer oaths to those persons who will
provide oral testimony. The evidence presented need not comply with the
strict rules of evidence set forth in the California Evidence Code but shall
be the type of evidence upon which reasonable and prudent people rely
upon in the conduct of serious affairs. The hearing officer shall have full
and complete authority to control the proceedings and to provide for cross
examination of witness in a fair and impartial manner. The tax
administrator shall have the burden of proof to establish by clear and
convincing evidence the facts upon which tax determination is based. The
appeal hearing shall be recorded by audio recording. Any party may, at its
sole cost and expense, utilize the services of a certified court reporter to
prepare the verbatim record of the hearing. If a court reporter is used, the
transcript prepared shall be made available for purchase to both parties.
The hearing officer may continue the appeal hearing from time to time, but
only upon written motion of a party showing good cause for the
continuance.
G. The hearing officer may uphold, modify or reverse the tax
determination. Within ten (10) days of the conclusion of the appeal
hearing, the hearing officer shall render his or her decision and make
written findings supporting the decision and file it with the City Clerk. The
findings of the hearing officer shall be final and conclusive. Upon receipt
of the hearing officer's decision, the City Clerk shall send a copy of it to
the tax administrator and operator, along with a proof of mailing. If the
Appellant prevails following a final decision, the appeal fee shall be
returned without interest. Any amount found to be due shall be due and
payable within ten days upon the service of notice
H. Any legal action challenging the hearing officer's decision
shall be filed within ninety (90) days of the date of the proof of service of
mailing of the hearing officer's decision, pursuant to 1094.5, et seq. of
the California Code of Civil Procedure.
The provision of this section shall be the exclusive appeal
procedure for decisions under this Chapter 3.20 and the provisions of
Chapter 2.36 of this Code shall not be applicable to decisions under this
chapter."
Section 3. The City Clerk shall certify to the adoption of this Ordinance
and cause the same to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 27th day of October, 2009.
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
Maryann Edwards, Mayor
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 09- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 27th day of October, 2009,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 27th day of October, 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-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE TRANSIENT
OCCUPANCY TAX APPEAL FEE SCHEDULE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Findings. The City Council of the City of Temecula hereby finds
and determines that:
A. On October 27, 2009, the City of Temecula (the "City introduced
Ordinance No. 09- entitled "An Ordinance of the City Council of the City of
Temecula Amending Section 3.20.070 of the Temecula Municipal Code, Reporting and
Remitting, and 3.20.110, Appeal, of the Temecula Municipal Code Relating to the
Transient Occupancy Tax."
B. Section 3.20.110 of the Temecula Municipal Code will provide an operator
the ability to appeal the transient occupancy tax "TOT determination of the tax
administrator.
C. Subsection B of Section 3.20.110 of the Temecula Municipal Code also
provides that any appeal filed with the City Clerk be accompanied by an appeal fee in
an amount as set by City Council resolution.
D. The City Council desires to set the amount of the TOT appeal fee as
authorized in Subsection B of Section 3.20.110 of the Temecula Municipal Code.
E. The TOT appeal fee collected pursuant to this Resolution shall be used to
cover the costs of processing the appeal.
F. The TOT appeal fee does not exceed the estimated reasonable cost of
providing the service for which the fee is charged.
G. The TOT appeal fee set and collected pursuant to this Resolution shall be
in addition to any costs incurred for appealing a tax determination as provided in
Subsection A of Section 3.20.110 of the Temecula Municipal Code Section, which
states that "any operator appealing the tax determination pursuant to the provision of
this Section shall pay the costs of a hearing officer to hear the appeal, unless such
operator substantially prevails on the appeal."
H. The findings set forth above are hereby adopted in support of this
Resolution.
Section 2. TOT Appeal Fee Schedule. In accordance with Subsection B of
Section 3.20.110 of the Temecula Municipal Code, the following fee schedule for the
TOT appeal fee is hereby adopted: a processing fee of ninety dollars ($90.00).
Section 3. Effective Date. This Resolution shall become effective on the date
Ordinance No. 09- becomes effective.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 27th day of October, 2009.
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
Maryann Edwards, Mayor
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 27th day of October, 2009, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
DEPARTMENTAL
REPORTS
ITEM NO. 19
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Aaron Adams, Assistant City Manager
DATE: October 27, 2009
SUBJECT: Economic Development Departmental Monthly Report
PREPARED BY: Christine Damko, Economic Development Analyst
RECOMMENDATION: Receive and file.
The following lists some recent highlights of the Economic Development Department for the months
of August and September 2009.
SITE VISITS
On August 12th, the Mayor and Economic Development Staff met with Bill Brumbaugh, Vice
President/ General Manager of John Hine Temecula Mazda auto dealership. The purpose of the site
visit was to learn more about the dealership, discuss their needs and to provide city support.
ECONOMIC DEVELOPMENT NEWS
OLD TOWN PROMOTIONS
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
On August 25th, City Council Sub Committee consisting of Council Members Ron Roberts and
Chuck Washington, City Management Staff, and ADE consultants participated in the Quality of Life
Master Plan Kick -Off Meeting. ADE outlined a plan of direction for Quality of Life Master Plan called
Temecula 2030. A Temecula 2030 webpage (www.temecula2030.org) has been designed to keep
the public informed and to provide an opportunity for those to provide input on the process.
Staff has created a personalized electronic letterhead for Economic Development e- blasts. The
newly updated design is consistent with the Economic Development webpage header and will give
an identity to all economic development focused e- blasts sent.
Hot Summer Nights (July 3 through September 4
Friday nights in Old Town continued to draw crowds as Hot Summer Nights brought a variety of live
bands, kids games, carriage rides, and soccer playing collies to the streets of Old Town. This year a
record number of spectators came to hear bands such as Aunt Kizzy's Boyz, Sligo Rags, Nitro
Express, and Guilty Conscience rock Old Town. Children were able to get involved and have some
fun in bouncy jumps and participate in various games such as a hula -hoop or bubble gum blowing
contests. This year Hot Summer Nights was extended through the first week of September, which
proved to be a great success.
MEETINGS OF INTEREST
August 3r Staff led a training session on temporary signage. Attendees included the Chamber of
Commerce and over 40 local businesses.
August 4 Staff attended the first Subcommittee of the Southwest California Economic
Development Corporation that focuses on Green Technologies.
The EDC will be evaluating green technology development including reviewing the concept of Green
Venture proposed by Michael Faelin of the Garrett Group. Temecula's Planning Department gave a
presentation to the Subcommittee on the City of Temecula's Sustainability Program.
August 13 Staff attended the Temecula Valley International Film Festival Media Day at La Cereza
Winery.
August 18 Staff attended an Emergency Operations Table Top exercise held at Abbott Vascular.
Various local agencies, large businesses, adjacent cities, and Riverside County also attended the
exercise.
August 19 Staff attended a Workforce Investment Board Meeting to discuss joint efforts for the
southwest region.
August 19 Staff attended the EDC Board of Directors General Meeting at the Murrieta City Library
Community Room.
August 25 Staff attended a meeting to establish a Manufacturers Roundtable for Southwest
Riverside County at the Murrieta Public Library. The purpose of the Roundtable is to start the
process of creating a forum with local manufacturers and local cities to discuss needs of
manufacturers and how we can work together to promote additional manufacturing in this area.
August 26 City Council Member Chuck Washington and City Staff met with Chapman University
Representatives including Vice Chancellor of Business Development to discuss growing and
expanding their facilities and getting involved in the community.
August 26 Staff attended the CONNECT Presentation sponsored by the Economic Development
Corporation at RBF Consulting.
August 28 Staff attended the Chamber Ribbon Cutting for the new Susan G. Komen facility on
Business Park Drive.
September 2 Staff attended the Southwest Committee Meeting with other local agencies,
businesses, and nearby cities at MSJC to discuss linking gaps between education and workforce
needs.
September 9 Staff attended 2010 Southwest California Business Summit Committee Meeting at
Commerce Bank of Temecula Valley to start the organization of next year's event.
September 17 The Mayor and Staff attended the ribbon cutting for the Wal -Mart expansion located
on Temecula Parkway.
September 24 Staff attended the Economic Development Corporation's Quarterly Luncheon. The
special guest speaker was Dr. Esmael Adibi Director of Anderson Center of Economic Research
and Chair of Economic Analysis at Chapman University. The presentation covered Chapman's
forecast for 2009 and 2010.
September 26 Staff participated and assisted in the Temecula Valley College and Vocational
Invitational held at the Promenade Mall. Representatives from 100 colleges and vocational schools
were present. The event was a great partnership between local government, school districts, and
the business community.
September 29 Staff attended the Old Town Association mixer at Sweet Lumpy's BBQ restaurant
in Old Town.
ITEM NO. 20
Special Projects Long Range Planning Activities
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: October, 2009
SUBJECT: Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of September, 2009.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 54 new applications for administrative, other minor cases, and home
occupations including 7 applications for public hearings during the month of September.
The Long Range Planning Division commits work efforts toward larger scale and longer time frame
projects for both private and public purposes. These activities can range from a relatively simple
ordinance or environmental review to a new specific plan or a general plan amendment. Some of
the major special projects and long range planning activities currently in progress are described in
the paragraphs below:
Temecula Regional Hospital This project was approved by the City Council on January 22,
2008. The CEQA challenge period for the Supplemental El R expired on February 28, 2008.
No legal challenges were filed regarding the SEIR. The CEQA challenge period for the
second reading of the Zone Change expired on March 14, 2008. The Public Works
Department and Planning Department met with the applicant and the applicant's architect on
May 21, 2009 regarding the status of grading plans, street improvement plans, the project's
Water Quality Management Plan, and fees. The applicant's architect continues to indicate
that building plans, or more specifically the geo- technical report for the project, is being
reviewed by the Office of Statewide Health Planning and Development (OSHPD) and that
approval of these plans. The applicant's architect indicated that a revised geo technical
report would be submitted to OSHPD by mid August, 2009, and that OSHPD approval of
building plans could shortly follow. Staff is awaiting re- submittal of plans to address
comments regarding permits for rough grading, precise grading, street improvement plans,
and a Water Quality Management Plan. (FISK)
General Plan Housing Element Update —Staff submitted the final draft Housing Element to
HCD on April 9, 2009, and HCD completed its review on June 9, 2009. Comments received
on the final draft contained a handful of suggested corrections and sample language to add
to the Housing Element. Staff completed an initial study and circulated a Negative
Declaration for a 30 -day public review and comment period from July 31, 2009 through
August 31, 2009. Planning Commission hearing was held on September 2, 2009 where the
Commission recommended that the City Council approve the Housing Element Update and
adopt the Negative Declaration. A City Council hearing is scheduled for November 10,
2009. Upon adoption bythe City Council, the Housing Element will be submitted a final time
to HCD for a 90 -day Certification review. (PAPP)
Nicolas Valley Rural Preservation Area Staff held a community meeting on February 26,
2009, where 70 -80 residents attended. Concerns regarding road cost, financing
mechanisms and zoning densities were discussed. A community meeting was held March
19, 2009 to explain in more detail all zoning options, financing, and a community survey to
be mailed following the meeting. The survey was mailed to property owners and residents
on March 31, 2009 to determine support for proposed zone change (2.5 acres, 1 acre, or'/
acre minimums) due to responses received from various property owners that% acre is not
wanted. Staff mailed surveys to 124 property owners and 22 residents. The owner
response rate was 72 the resident response rate was 4 and the overall response rate
was 62 The survey clearly indicated that there is not support for a CFD for roadway
improvements (57% of owners and 83% of registered voters within the CFD boundary would
not support). The survey did not clearly reveal an overwhelming decision on preferred
zoning for each of the districts. A Community Meeting was held on May 21, 2009 where 55
residents attended to inform the residents of the survey responses and discontinue this work
effort. The residents requested the opportunity to conduct their own follow up survey to
determine if a majority could agree on a zoning preference for the area. The results of this
resident sponsored survey are expected bythe middle of October. Staff finalized and posted
on the website the revisions to the Dirt Road Policy to allow more leniency for additions and
replacement of existing residences. The hydrology study was completed in September,
providing a mapped boundary of properties impacted by the 100 -year floodplain. Staff is
currently working to complete the roadway design and traffic study. No additional technical
studies /consultant work will be completed. (PETERS /KITZEROW)
1 -15 Interregional Partnership (I RP) Staff is working with WRCOG, SCAG, RCTC, RTA,
SANDAG, and the Cities of Temecula, Murrieta, and Lake Elsinore on a Smart Growth
Concept Map, which will coordinate land use and transportation decisions to accomplish the
goals of SB 375 and AB 32. Staff is drafting final responses for the place type descriptions
and place type boundaries and determining state at which progress has been made toward
achieving the objectives of each place type. A tentative date of November 10, 2009 has
been scheduled for the next Smart Growth Map Working Group. (WEST /INNES)
City Sustainability Plan Staff continues with the preparation of the draft Sustainability Plan
by focusing on the Green House Gas Emissions Inventory (explained below) and the
development of the Energy Efficiency and Conservation Block Grant. Delays with the
completion of this Plan are attributed to shifting priorities, opportunities and mandates as
further described:
Energy Efficiency and Conservation Block Grant Staff submitted the Energy
Efficiency and Conservation Strategy Development application prior to the June 25
deadline to secure the Block Grant funds, which is essentially a place holder
notifying the Department of Energy that the City intends to submit a complete grant
application packet. Staff has worked with DOE staff to continue with processing the
application. Staff has selected implementation programs that will be incorporated
into the Energy Efficiency and Conservation Strategy. Staff is awaiting further
direction from DOE staff to finalize the grant application. (WEST)
The green house gas (ghg) inventory emissions analysis kick -off meeting was held
on July 14, 2009. Representatives from City Departments as well as representatives
from our utility companies and outside agencies attended the meeting. The
committee selected 2007 as the base year for ghg emissions inventory analysis.
There are two separate inventories being prepared; 1) a municipal operations
inventory and 2) a communitywide inventory. Staff is working through each of the
Departments to obtain data for the municipal operations inventory, and working with
the utility companies and water agencies for the communitywide inventory. Staff
anticipates obtaining the majority of the data necessary for the municipal operations
by early September. Obtaining the data necessary for the communitywide analysis
from the utility companies will take longer than anticipated due to customer
confidentiality and how the data is maintained by the utility companies. Once the
ghg inventory is complete, the next step will be to develop a climate action plan and
incorporate the findings into the Sustainability Plan. (WEST)
Energy Efficiency Loan Program Staff is currently developing a program which
would allow property owners to apply for a low- interest loan for energy improvements
that would be paid through property taxes. This program is being modeled after the
Palm Desert program as authorized under AB 811. The draft Administrative
Guidelines and loan documentation has been prepared and staff is now identifying
eligible improvements for the program. Additionally, staff is working with the
Redevelopment Agency to make energy efficiency improvements an available
component of the Home Improvement Program. (WEST)
Water Efficient Landscape Ordinance The Water Conservation in Landscaping Act
of 2006 (AB 1881) requires local agencies to adopt an updated state model
ordinance developed by the Department of Water Resources (DWR), or an
equivalent, no later than January 1, 2010. Staff will compare the City's Water
Efficient Landscape Ordinance to the State's model ordinance and revise as
necessary to comply with AB 1881. Staff anticipates bringing a draft of the revised
Water Efficient Landscape Ordinance to the Planning Commission on November 4,
2009, and then to the City Council on December 8, 2009. (WEST)
Santa Margarita Area Annexation On November 19, 2008, the Planning Commission
recommended approval to proceed with an application to the Riverside County Local Agency
Formation Commission to expand the City's Sphere of Influence and annex the Santa
Margarita Area consisting of approximately 4,997 acres located immediately southwest of
the City. On December 9, 2008, the City Council adopted Resolutions in favor ofthe Sphere
of Expansion and Annexation. The City Council also certified the Environmental Impact
Report for this project on December 9, 2008. Staff filed a Sphere of Influence and
Annexation application with LAFCO on December 17, 2008. The application was denied by
LAFCO on June 4, 2009. Resolutions for denial were adopted by LAFCO on June 25, 2009.
The City filed an Application for Reconsideration to remove the Liberty Quarry project site
(and a few neighboring parcels) the from the Annexation proposal and the Reconsideration
was denied by LAFCO on September 24, 2009. (LOWREY /RICHARDSON)
Liberty Quarry Draft Environmental Impact Report The County of Riverside has released
the Draft Environmental Impact Report for Granite Construction's Liberty Quarry Surface
Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75 -year
land use permit for a rock quarry and associated aggregate processing facilities, hot mix
asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration
and employee buildings, a maintenance facility with diesel, gas and propane tanks, water
tanks, natural gas fuel engines for electric power generation, water and gas lines, settling
ponds, truck scales, and truck and equipment parking areas within a 414 acre -site located
approximately 3 /4 mile from the City's southwest boundary within the County of Riverside.
The public review and comment period was extended 60 days beyond the original
commenting deadline. The City is reviewing the Draft Environmental Impact Report and will
provide comments to the County of Riverside by November 23, 2009.
(LOWREYIWESTIRICHARDSON)
Development Code Update Staff is preparing an update of the Development Code with
various changes that include: codification of the City's current policywhich allows directional
signs for colleges and universities; amendment to large family daycares consistent with
State Law; removal of granny flats from the code consistent with State Law; updating the
square footage allowance for guest houses to be the same as what is allowed for second
dwelling units; wine tasting to require a CUP (unless the applicant is also a wine maker),
minimizing requirements which trigger processing a sign program, and other minor
clarifications within the Code. A public hearing is anticipated for Planning Commission on
November 18, 2009 and Planning Commission recommendations will be brought forward to
the City Council on December 8, 2009. (LOWREY)
Old Town Specific Plan Update Staff is working in conjunction with consulting firms Inland
Planning +Design and Fehr and Peers (parking and circulation) to prepare an update to the
Old Town Specific Plan that addresses the ten goals and recommendations for Old Town
presented to City Council on March 25, 2008. On August 11, 2008, the Old Town Local
Review Board formed a steering committee forthe Specific Plan Update currently consisting
of Board Members Blair and Moore, with the purpose of this committee being to provide the
Old Town Local Review Board with additional opportunities to review and comment on
concepts and preliminary plans as the Specific Plan update progresses and for the
committee to report back to the other Board members on the progress of the update.
Commissioners Guerriero and Kight are also members of the Steering Committee, which
most recently met on June 23, 2009 to review progress on the proposed sustainability and
public art sections forthe Specific Plan Amendment. An Environmental Impact Report (EIR)
is currently being prepared for the project, and staff held a scoping meeting with the
community on July 21, 2009 to solicit input on environmental concerns that should be
addressed in the EIR. Staff intends to complete the first draft of the Specific Plan
Amendment in October 2009, to present the draft update to the Steering Committee in
November 2009, and to bring the updated plan to the Old Town Local Review Board for
review in December 2009, to the Planning Commission for review in January 2010, and to
City Council for review in January 2010. (FISK/INNES/LOWREY)
SCAG 2012 RTP The update to the Southern California Association of Governments
(SCAG) 2012 Regional Transportation Plan (RTP) is underway. Staff attended a meeting
with SCAG, Western Riverside Council of Governments (WRCOG) and the Center for
Demographic Research (CDR) in August 2009 to review the schedule and process for the
update. The RTP will include a Sustainable Communities Strategy (SCS); a new component
to the RTP as a result of the passage of SB 375. Staff will be working with the
abovementioned agencies throughout the update process. The first order of business is to
review Base Year Conditions and General Plan Based Growth Forecast /Distribution and
Land use for 2020 and 2035 (WEST)
1. Recently Approved
APN
922034036
PA09 -0009
Stellar Cellar CUP
A Minor Conditional Use Permit to allow Stellar Cellar to operate a wine bar with live entertainment located at 28636
Old Town Front Street
Submitted Date
1/14/2009
Approved Date
Sep 24 2009
PA09 -0243 Film and Music Festival 921270050 CHRISTINE DAMKO
A Major Temporary Use Permit for the 15th Annual Film and Music Festival from September 9 -13 with main
festivities taking place at the Tower Plaza Shopping Center located at 27555 Ynez Road with no street closures
Submitted Date
8/3/2009
Approved Date
Sep 1 2009
PA09 -0259 islander Backyard TUP 910130054 CHERYL KITZEROW /MATT PETERS
A Major Temporary Use Permit for Islander Backyard to hold a parking lot tent sale for the sale of outdoor
furnishings and hot tubs to be held 9/4/09 thru 9/13/09 from 9 a.m. to 8 p.m. daily, addressed as 40438 Winchester
Road, generally located at the southwest corner of Winchester Road and Margarita Road.
Submitted Date
8/20/2009
Approved Date
Sep 2 2009
PA09 -0266 JRs Hawaiian Ice TUP Mall
PA09 -0274 Auto Dealers Used Car Sale TUP
Planning Agenda Report
9/1/2009 through 9/30/2009
1 of 5
APN
APN
APN
910420005
A Major Temporary Use Permit for JR's Hawaiian Shaved Ice portable trailer at the Promenade Mall Expansion (in
the paseo between Building A and C).The trailer is 12 feet wide by 8.5 feet deep and is designed with a
Hawaiian/tiki hut theme. The use (sale of shaved ice) will operate 7 days a week from 12 noon to 8 p.m. with only
one employee. Use will be for 60 days from approval. The mall is addressed as 40820 Winchester Road.
Submitted Date
9/1/2009
Approved Date
Sep 16 2009
APN
910420005
ERIC JONES
CHERYL KITZEROW /MATT PETERS
DANA SCHUMA
A Major Temporary Use Permit for the Temecula Auto Dealers used car tent sale to be held Friday, October 23,
2009 through Sunday, October 25, 2009 located at the Promenade Mall, 40820 Winchester Road, between Macy's
and Johnny Carinos
Submitted Date
9/4/2009
Approved Date
Sep 29 2009
Submitted Date
DRC Meeting Date
Planning Commision
6/4/2008
6/26/2008
Oct 15 2008
Submitted Date
DRC Meeting Date
Planning Commision
7/31/2008
8/28/2008
Oct 7 2009
Submitted Date
DRC Meeting Date
Directors Hearing
3/3/2009
4/2/2009
Oct 8 2009
2. Scheduled for Hearing
APN
921760015
PA09 -0083
PA09 -0227
Planning Agenda Report
9/1/2009 through 9/30/2009
Lyndie Lane Major Mod
A Major Modification to an approved Development Plan (PA05 -0305) to reduce the building size from 8,642 square
feet to 5,200 square feet located at 29742 Rancho California Road.
Penske Truck Rental CUP
APN
921030039
DANA SCHUMA
DANA SCHUMA
A Minor Conditional Use Permit to allow Penske to operate a truck rental facility in an existing industrial building
located at 27565 Diaz Road (related case PRO9 -0008)
Submitted Date
7/10/2009
DRC Meeting Date
Directors Hearing
Oct 22 2009
PA08 -0165
AT &T Wireless
APN
954020005
DANA SCHUMA
A Conditional Use Permit /Antenna Facility Application for the construction and operation of one slimline pole and
one monopine and associated equipment structure for ATT Wireless on Rancho California Water District property
located at 41520 Margarita Road.
APN
PA08 -0125 Temecula Village PDO -5 Amend/ 944290012 CHERYL KITZEROW /MATT PETERS
A Zoning Amendment to modify PDO -5 (Temecula Village) to permit Grocery Stores up to 15,000 square feet with a
Conditional Use Permit (currently allowed up to 10,000 SF w /CUP). Other changes include reducing landscape
buffer /setback along Rancho California Road from 25 to 20 feet and miscellaneous clean -up /references to previous
approvals. Temecula Village is located along the south side of Rancho California Road, east of Moraga Road.
(Associate projects PA08 -0122 and PA08 -0123 Fresh and Easy DP /CUP) Pending City Council hearing (date to
be determined).
PA08 -0117 T- Mobile Cell Tower Redhawk
APN
962040012
ERIC JONES
A Conditional Use Permit and Antenna Facility Application for a cell tower facility developed as three 35' flag poles
located 45100 Redhawk Parkway. A wall and gate will be incorporated with the project to conceal equipment.
(Previous Application: PRO7 -0020)
Submitted Date
5/22/2008
DRC Meeting Date
Planning Commision
Nov 18 2009
2 of 5
Submitted Date
Anticipated DRC Meeting Date
No Hearing Planned
8/4/2009
10/22/2009
TBD
PA09 -0235
PA09 -0246
PA08 -0143
PA09 -0268
PA09 -0279
Planning Agenda Report
9/1/2009 through 9/30/2009
3. New Submittals Pending DRC Meeting
APN
910420005
Race for the Cure
A Major Temporary Use Permit for the Susan G Komen Race for the Cure in /around the Promenade Mall on
Sunday, October 18, 2009 from 5:00 a.m. to 4:00 p.m. involving street closures in the morning hours
Submitted Date
7/22/2009
Anticipated DRC Meeting Date
No Hearing Planned
TBD
Roripaugh Estates SPA#3 PA10
A Specific Plan Amendment (text only) to change the permitted uses /development standards for Planning Area 10 of
the Roripaugh Estates Specific Plan to the standards of the Neighborhood Commercial zoning district with the
addition to permit automobile service stations with or without an automated car wash. Project proponent proposes
future car wash at the existing Arco AM /PM at the southeast corner of Winchester Nicolas Roads, addressed as
40212 Winchester Road. (Associated with PA09 -0287 and PA09 -0288)
BAILY'S RESTAURANT BANQUET
TUP
A Major Temporary Use Permit to allow Baily's Restaurant to conduct banquets /events throughout the year within an
approximately 2,000 square foot tent on restaurant property. Live entertainment is also part of this application.
Baily's Restaurant is located at the northwest corner of Front Street and Second Street within the Old Town Specific
Plan.
Submitted Date
6/25/2008
Anticipated DRC Meeting Date
No Hearing Planned
TBD
Feduniw Family Day Care Minor
Midway of Fun Carnival -Mall
3 of 5
APN
920100048
APN
922046018
APN
957550002
A Minor Conditional Use Permit to allow a home -based family day care facility to operate with up to 12 children at
30713 East Gate Parkway
Submitted Date
9/2/2009
Anticipated DRC Meeting Date
No Hearing Planned
TBD
APN
PA09 -0273 Rod Run 922026008 CHRISTINE DAMKO
A Major Temporary Use Permit for the Fall Rod Run located in Old Town Temecula on October 9th and 10th. Street
Closures required.
Submitted Date
9/3/2009
Anticipated DRC Meeting Date
No Hearing Planned
TBD
APN
910420005
CHRISTINE DAMKO
CHERYL KITZEROW /MATT PETERS
CHRISTINE DAMKO
ERIC JONES
CHERYL KITZEROW /MATT PETERS
Submitted Date
Anticipated DRC Meeting Date
No Hearing Planned
9/22/2009
10/22/2009
TBD
Planning Agenda Report
9/1/2009 through 9/30/2009
A Major Temporary Use Permit for Midway of Fun Fall Carnival from November 12- 15 (set -up and breakdown to
occur 3 days prior /after event) at the Promenade Mall, 40820 Winchester Road. The carnival will include rides,
games and food. No alcohol will be served. The hours for the carnival will be 4 p.m. -10 p.m. on weekdays and 12
noon -10 p.m. on the weekend. The carnival will be located in the parking lot of the mall adjacent to Macy's on the
west side of the building. Primary access will be via Ynez Road and the Ring Road. The carnival will be secured
with a six -foot chain link fence around the perimeter.
Submitted Date
9/17/2009
Anticipated DRC Meeting Date
No Hearing Planned
TBD
PA09 -0281
PA09 -0287
PA09 -0298
Chaparral HS Business Expo
Arco AM/PM Nicolas Car Wash
PA09 -0289 Norris Ranch Pumpkin Patch TUP
Verizon Faux Bell Tower CUP
APN
920090005
A Major Temporary Use Permit for a Business Expo at Chaparral High School located at 27215 Nicolas Road
Submitted Date
9/17/2009
Anticipated DRC Meeting Date
No Hearing Planned
TBD
APN
920100048
A Conditional Use Permit to construct a 946 square foot drive -thru car wash at the existing Arco AM /PM gas station
at the southeast corner of Nicolas and Winchester Roads, addressed as 40212 Winchester Road. (Associated
Cases PA09 -0246 and PA09 -0288)
APN
959070012
ERIC JONES
CHERYL KITZEROW /MATT PETERS
DANA SCHUMA
A Major Temporary Use Permit to operate a pumpkin patch at Rancho Community Church October 10 -31, 2009,
located at 31300 Rancho Community Way
Submitted Date
9/23/2009
Anticipated DRC Meeting Date
No Hearing Planned
TBD
APN
PA09 -0290 Reliance Church Minor CUP 945110002 ERIC JONES
A Minor Conditional Use Permit to allow Reliance Church to hold a Harvest Picnic on October 31 from 5 p.m. to 9
p.m. in the parking lot of an existing commercial building at 31217 Pauba Road
Submitted Date
9/23/2009
Anticipated DRC Meeting Date
No Hearing Planned
TBD
APN
PA09 -0296 Wahoos Tacos Major TUP 921810033 CHERYL KITZEROW /MATT PETERS
A Major Temporary Use Permit for an autograph signing by Robby Gordon, live music and sponsor tents outside of
Wahoos Tacos at 29073 Overland Drive #K on October 10, 2009 from 2 p.m. to 6 p.m.
Submitted Date
9/30/2009
Anticipated DRC Meeting Date
No Hearing Planned
TBD
APN
945050017
DANA SCHUMA
A Conditional Use Permit /Antenna Facility application for the construction and operation of a 65 -foot faux bell tower
with associated equipment structure and future generator pad for Verizon Wireless located at 30470 Pauba Road.
4 of 5
Planning Agenda Report
9/1/2009 through 9/30/2009
Submitted Date
10/2/2009
Anticipated DRC Meeting Date
No Hearing Planned
TBD
5 of 5
C► i���jll
i*1
0
Legend
Planning Status September 2009
0 1. Recently Approved
0 2. Scheduled for Hearing
0 3. New Submittals Pending DRC Meeting
o TENjE�
U
198 O o
9
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ITEM NO. 21
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Shawn D. Nelson, City Manager
DATE: October 27, 2009
SUBJECT: City Council Travel /Conference Report September 2009
PREPARED BY: Sue Steffen, Executive Assistant
RECOMMENDATION: Receive and file
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
On September 2, 2009 Council Member Ron Roberts traveled to Los Angeles, California to attend
the Southern California Association of Governments Executive /Administration Committee,
Transportation Committee, and Regional Council meetings.
On September 28, 2009 Council Member Ron Roberts traveled to Washington, D.C. to attend the
National League of Cities Transportation Infrastructure Services Steering Committee Meeting.
Attachments: Meeting Agendas
SOUTHERN CAUFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017-3435
t(213)236.1800
f(213) 236 -1825
wwwscag.ca.gov
Officers
President
Jon Edney, El Centro
FlrstVice President
Larry McCallon, Highland
Second Vice President
'am O'Connor, Santa Monica
Immediate Past President
Richard Dixon, Lake Forest
Executive /Administration
Committee Chair
Jon Edney, El Centro
MEETING OF THE
EXECUTIVE /ADMINISTRATION
COMMITTEE
Thursday, September 3, 2009
9:00 a.m. 10 :00 a.m.
SCAG Offices
818 IN. 7 Street, 12 Floor
Board Room A B
Los Angeles, Calif 90017
(213) 236 -1800
If members of the public wish to review the attachments
or have any questions on any of the agenda items,
please contact Shelia Stewart at (213) 236 -1868 or via
email stewart a(�scaq.ca.aov
Agendas Minutes for the Executive/
Administration Committee are also available at:
www.scaq.ca.gov /committees /eac.htm
Policy Committee Chairs
Community, Economic and
Human Development SCAG, in accordance with the Americans with Disabilities Act (ADA), will
Cad Morehouse, Ventura accommodate persons who require a modification of accommodation in
order to participate in this meeting. If you require such assistance, please
Energy Environment contact SCAG at (213) 236 -1868 at least 72 hours in advance of the
Keith Hanks, Azusa meeting to enable SCAG to make reasonable arrangements. To request
Transportation documents related to this document in an alternative format, please
MikeTen, South Pasadena contact (213) 236 -1868.
The Regional Council is comprised of 83 elected officials representing 189 cities, six counties, five County Transportation Commissions,
Imperial Valley Association of Governments and a Tribal Government representative within Southern California.
6.16.09
EXECUTIVE /ADMINISTRATION COMMITTEE
AGENDA
SEPTEMBER 3, 2009
The Executive /Administration Committee may consider and act upon any of the items
listed on the agenda regardless of whether they are listed as information or action items.
1.0 CALL TO ORDER PLEDGE OF ALLEGIANCE
(Hon. Jon Edney, Chair)
2.0 PUBLIC COMMENT PERIOD Members of the public desiring to speak on items on the
agenda, or items not on the agenda, but within the purview of the Executive /Administration
Committee, must fill out and present a speaker's card to the Assistant Prior to speaking.
Comments will be limited to three minutes. The chair may limit the total time for all comments
to twenty minutes.
3.0 WELCOME TO RANDALL LEWIS, NEW EX- OFFICIO MEMBER TO EAC
4.0 REVIEW and PRIORITIZE AGENDA ITEMS
5.0 CONSENT CALENDAR
5.1 Approval Items
5.1.1 Minutes of July 2, 2009 Meeting Attachment
6.0 ACTION ITEMS
5.1.2 State Lobbyist's Contract Amendment
5.2 Receive File
5.2.1 Contracts/Purchase Orders between
$5,000 $200,000
6.1 FY 2010 -2011 Comprehensive Budget
Development Schedule
Recommended Action: Approve Budget
Development Schedule.
SOUTHERN CALIFORNIA
!iwra •TII%Y aO ea'Ir n Yan YT!
Attachment
Attachment
TIME PG#
10
Attachment 15 min 35
7
EAC September 2009
Doc11153153
Stevan
EXECUTIVE /ADMINISTRATION COMMITTEE
AGENDA
SEPTEMBER 3, 2009
6.0 ACTION ITEMS CONT'D
6.2 FY 09/10 Overall Work Program
(OWP) Amendment #1
Amendment #1 will increase our FHWA/FTA
Funds by $2,060,510.
Recommended Action: Approve Amendment
#1 to the FY 09/10 OWP.
6.3 Exhibit at the League of California Cities Annual
Conference Exvo Sept 15 —18, 2009
SCAG has been a supporter and participant
as an exhibitor at this annual event.
Recommended Action: Approve payment of
exhibitor's fee.
6.4 CALCOG Membership Dues
SCAG has been an active member of CALCOG
throughout the years and continues to do so
through Sacramento advocacy efforts.
Recommended Action: Approve payment of
annual membership dues.
6.5 Annual UCLA Extension Arrowhead Symposium
Sponsorship
SCAG has been a sustaining co- sponsor of this
program for many years.
Recommended Action: Approve co- sponsorship.
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
TIME PG#
Attachment 15 min 37
Attachment 5 min 40
Attachment 5 min 41
Attachment 5 min 44
EAC September 2009
Docl{153153
Stewart
EXECUTIVE /ADMINISTRATION COMMITTEE
AGENDA
SEPTEMBER 3, 2009
6.0 ACTION ITEMS CONT'D
6.6 Southem Califomia Leadership Council (SCLC) Attachment 5 min 53
Membership Dues
9.0 ANNOUNCEMENTS
10.0 ADJOURNMENT
Membership to SCLC is beneficial to SCAG's
outreach and advocacy efforts.
Recommended Action: Approve payment of
annual dues.
7.0 CAP SUBCOMMITTEE REPORT
(Hon. Paula Lantz, Chair)
7.1 CAP Subcommittee Charter Attachment 5 min 55
Amendment
The Amendment relates to proposed changes to
the CAP Subcommittee Charter which excludes
the Executive Director's position from the CAP
Subcommittee's salary range review duties.
Recommended Action: Approve proposed
Amendment.
8.0 FUTURE AGENDA ITEMS
Any Committee member or staff desiring to place items on a
future agenda may make such request.
The next meeting of the Executive /Administration Committee is
for Thursday, October 1, 2009 at the SCAG Los Angeles office.
SOUTHERN CALIFORNIA
ASSOCIATION Of GOVERNMENTS iii
TIME PG#
EAC— September 2009
DoW153153
Stewart
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017 -3435
t (213)236 -1800
f(213) 236 -1825
wwwscag.ca.gov
Officers
President
Jon Edney, EI Centro
First Vice President
Larry McCallon, Highland
Second Vice President
Pam O'Connor, Santa Monica
Immediate Past President
Richard Dixon, Lake Forest
Executive /Administration
Committee Chair
Jon Edney, El Centro
Policy Committee Chairs
MEETING OF THE
TRANSPORTATION COMMITTEE
Thursday, September 3, 2009
10:00 a.m. 12 :00 noon
SCAG Offices
818 W. 7 Street, 12 Floor
Board Room A B
Los Angeles, CA 90017
(213) 236 -1800
If members of the public wish to review the
attachments or have any questions on any of the
agenda items, please contact Karen Strain at (213)
236 -1872 or via email strainAscaq.ca.gov
Agendas Minutes for the Transportation Committee
are also available at:
www.scaq.ca.qov/committees/tc.htm
Community, Economic and SCAG, in accordance with the Americans with Disabilities Act (ADA), will
Human Development accommodate persons who require a modification of accommodation in
Cad Morehouse, Ventura order to participate in this meeting. If you require such assistance,
Energy &Environment please contact SCAG at (213) 236 -1868 at least 72 hours in advance of
Keith Hanks, Azusa the meeting to enable SCAG to make reasonable arrangements. To
request documents related to this document in an altemative format,
Transportation please contact (213) 236 -1868.
MikeTen, South Pasadena
The Regional Council is comprised of 83 elected officials representing 189 cities, six counties, five County Transportation Commissions,
Imperial Valley Association of Governments and a Tribal Govemment representative within Southem California.
6.16.09
TRANSPORTATION COMMITTEE
AGENDA
SEPTEMBER 3, 2009
The Transportation Committee may consider and act upon any of the items listed
on the agenda regardless of whether they are listed as information or action items.
1.0 CALL TO ORDER PLEDGE OF ALLEGIANCE
(Hon. Mike Ten, Chair)
2.0 PUBLIC COMMENT PERIOD Members of the public desiring to speak on
items on the agenda, or items not on the agenda, but within the purview of the
Transportation Committee, must fill out and present a speaker's card to
the Assistant prior to speaking. Comments will be limited to three minutes.
The Chairman may limit the total time for all comments to twenty minutes.
3.0 REVIEW and PRIORITIZE AGENDA ITEMS
4.0 CONSENT CALENDAR
4.1 Approval Items
4.1.1 Minutes of July 2, 2009 Meeting Attachment 1
5.0 ACTION ITEMS
5.1 Draft 2011 Federal Transportation Improvement
Program (FTIP) Guidelines
(Pablo Gutierrez, SCAG Staff)
Staff will provide an overview of the proposed
changes to the FTIP Guidelines.
Recommended Action: Approve the Draft 2011
FTIP Guidelines, which include the approval process
for FTIP Amendments, and authorize staff to make
revisions to the Guidelines as appropriate.
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
1
TIME PG#
Attachment 10 min 8
TC SEPTEMBER 2009
Doc#153100
Strain 8262009
6.0 INFORMATION ITEMS
TRANSPORTATION COMMITTEE
AGENDA
SEPTEMBER 3, 2009
6.1 Anaheim Regional Transportation Intermodal
Center (ARTIC)
(Natalie Meeks, Public Works Director,
City of Anaheim; and Naresh Amatya, SCAG Staff)
A status report will be presented on the proposed
ARTIC.
6.2 State Route 1 Corridor Microanalysis Study
(Dan Takacs, Hatch Mott MacDonald)
SCAG consultant will provide a brief report
on the recently completed State Route 1 Corridor
Microanalysis Study.
6.3 Los Angeles County Metropolitan Transportation
Authority's Update on the American Reinvestment
and Recovery Act of 2009
(LA Metro Staff and SCAG Staff)
A brief report will be provided on the status of
Stimulus Projects in L.A. County.
6.4 Advancing Goods Movement through the
Inland Empire Workshop
(Mike Jones, SCAG Stafj)
Staff will provide an overview of the workshop
designed to identify goods movement challenges
and opportunities facing the Inland Empire.
7.0 CHAIR'S REPORT
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS ii
TIME PG#
Attachment 15 min 10
Attachment 20 min 32
Attachment 15 min 59
Attachment 10 min 60
TC SEPTEMBER 2009
Dad 153100
Strain 8262009
8.0 STAFF REPORT
(Naresh Amatya, SCAG Staff)
9.0 FUTURE AGENDA ITEMS
TRANSPORTATION COMMITTEE
AGENDA
SEPTEMBER 3, 2009
Any Committee member or staff desiring to place items on a future agenda may
make such a request.
10.0 ANNOUNCEMENTS
11.0 ADJOURNMENT
The next meeting of the Transportation Committee is scheduled for
Thursday, October 1, 2009 at the SCAG Los Angeles office.
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS iii
TIME PG#
TC SEPTEMBER 2009
Dad/ 153100
Strain 8/26t2009
SOUTHERN CALIFORNIA
ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
90017 -3435
t (213) 236 -1800
f(213)236.1825
wwwscagca.gov
Officers
President
Jon Edney, EI Centro
First Vice President
Larry McCallon, Highland
Second Vice President
Pam O'Connor, Santa Monica
Immediate Past President
Richard Dixon, Lake Forest
ExecutivefAdministration
Committee Chair
Jon Edney, El Centro
Policy Committee Chairs
Community, Economic and
Human Development
Cad Morehouse,Ventura
Energy Environment
Keith Hanks, Azusa
Transportation
MikeTen,South Pasadena
No. 511
MEETING OF THE
REGIONAL COUNCIL
Thursday, September 3, 2009
12 :15 p.m. 2:00 p.m.
SCAG Offices
818 W. 7 Street, 12 Floor
Board Room A B
Los Angeles, CA 90017
(213) 236 -1800
If members of the public wish to review the attachments
or have any questions on any of the agenda items,
please contact Shelia Stewart at (213) 236 -19868 or via
email stewart(a scaq.ca.gov
Agendas Minutes for the Regional Council are also
available at:
www.scag.ca.00vicommittees/rc.htm
SCAG, in accordance with the Americans with Disabilities Act (ADA), will
accommodate persons who require a modification of accommodation in
order to participate in this meeting. If you require such assistance, please
contact SCAG at (213) 236 -1868 at least 72 hours in advance of the
meeting to enable SCAG to make reasonable arrangements. To request
documents related to this document in an alternative format, please
contact (213) 236 -1868.
The Regional Council is comprised of 83 elected officials representing 189 cities, six counties, five CountyTransportation Commissions,
Imperial Valley Association of Governments and a Tribal Government representative within Southern California.
0.16.09
The Regional Council may consider and act upon any of the items listed on the agenda
regardless of whether they are listed as information or action items.
1.0 CALL TO ORDER PLEDGE OF ALLEGIANCE
(Hon. Jon Edney, President)
2.0 PUBLIC COMMENT PERIOD Members of the public desiring to speak on items on the
agenda, or items not on the agenda, but within the purview of the Council, must fill out
and present a speaker's card to the Assistant prior to speaking. Comments will be limited to
three minutes. The President may limit the total time for all comments to twenty minutes.
3.0 REVIEW AND PRIORITIZE AGENDA ITEMS
4.0 PRESENTATION
Proclamation in Appreciation and welcome to Will Kempton, Former
Caltrans Director and new OCTA Chief Executive Officer
5.0 CONSENT CALENDAR
5.1 Approval Items
5.1.1 Minutes of July 2, 2009 Meeting Attachment 1
5.1.2 CAP Subcommittee Charter Amendment Attachment 10
5.1.3 Exhibitor at the League of California Cities
Annual Conference Expo Sept 15 —18, 2009 Attachment 15
5.1.4 CALCOG Membership Dues Attachment 20
5.1.5 Annual UCLA Extension Arrowhead Attachment 23
Symposium ($10.000)
5.1.6 Southern California Leadership Council Attachment 32
Membership Dues
5.1.7 State Lobbyist's Contract Amendment Attachment 34
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
REGIONAL COUNCIL
AGENDA
SEPTEMBER 3, 2009
RC 8/3109
Doc4149076
Stewart
P el
5.2 Receive File
5.0 CONSENT CALENDAR CONT'D
REGIONAL COUNCIL
AGENDA
SEPTEMBER 3, 2009
5.2.1 Contracts/Purchase Orders between
$5,000 $200,000
5.2.2 RHNA Reform Consultant Final Report
6.0 PRESIDENT'S REPORT
6.1 New Committee Appointments
6.2 RC Strategic Plan Committee Update
7.0 COMMITTEE REPORTS /ACTION ITEMS
7.1 Legislative/Communications and Membership
Committee Report
(Hon. Glen Becerra, Chair)
7.1.1 2009 State Bills of Interest
SB 632 (Lowenthal); and AB 672 (Bass)
Recommended Action: Support
7.1.2 Legislative Update Attachment 70
(Sharon Neely, Director, Legislation)
7.2 Executive /Administration Committee
(EAC) Report
(Hon. Jon Edney, Chair)
7.2.1 FY 2010 -2011 Comprehensive Budget
Development Schedule
Recommended Action: Approve
SOUTHERN CALIFORNIA
ASSOCIATION Or GOVERNMENTS
Attachment
Attachment
Attachment 90
Dx#149076
RC 8/3/09
Stewart
P6 1
37
62
Attachment 68
7.2 (EAC) Report CONT'D
7.2.2 FY 09/10 Overall Work Program
Amendment #1
Recommended Action: Approve
7.3 Transportation Committee (TC) Report
(Hon. Mike Ten, Chair)
7.3.1 Draft 2011 Federal Transportation
Improvement Program (FTIP) Guidelines
Recommended Action: Approve the 2011
FTIP Guidelines, which includes the approval
process for FTIP Amendments, and authorize
staff to make revisions to the Guidelines as
appropriate.
7.4 Community, Economic and Human Development
Committee (CEHD) Report)
(Hon. Carl Morehouse, Chair)
7.5 Energy and Environment Committee (EEC)
Report
(Hon. Keith Hanks, Chair)
8.0 EXECUTIVE DIRECTOR'S REPORT
(Hasan Ikhrata, Executive Director)
9.0 INFORMATION ITEMS
9.1 CFO Monthly Financial Report Attachment
(Wayne Moore, CFO)
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
REGIONAL COUNCIL
AGENDA
SEPTEMBER 3, 2009
Attachment 92
Attachment 95
RC 8/3/09
Doc#149076
Stewart
10.0 CLOSED SESSION
10.1 Conference with Legal Counsel— Existing Litigation:
One Case (Govt. Code Section §54956.9(a))
City of Irvine v. SCAG, Court of Appeals, 4 District
Case No. G040513
11.0 ADJOURNMENT
The next meeting of the Regional Council is scheduled for Thursday,
October 1, 2009 at the SCAG Los Angeles office.
SOUTHERN CALIFORNIA
ASSOCIATION of GOVERNMENTS
REGIONAL COUNCIL
AGENDA
SEPTEMBER 3, 2009
iv
RC 8/3/09
DocIi i49076
Stewart
P G#
Hilton Washington Hotel
1919 Connecticut Ave., NW, Washington, DC
202483.3000
10 Floor Executive Conference Room
Draft Agenda
Tuesday, September 29
6:30 PM Reception at NLC Offices
1301 Pennsylvania Ave, NW, Fifth Floor
NLC Main Number 202.626.3000
(Accessible via Metrorail Metro Center on both the Red and
Blue /Orange lines and taxi from the hotel)
Wednesday, September 30
Steering Committee meetings and meals will take place in the Hilton Washington Hotel, 10
floor executive conference room. 10 floor is accessible via key card. If you are not staying
at the hotel, please contact Brenda Ramirez, 202626.3020, RamirezWnlc.orq and we will
arrange to have one available for you at the concierge desk %I
8:00 AM 8:45 AM Breakfast
8:45 AM- 9:OOAM
9:00 AM 9:30 AM
Welcome and Meeting Overview
Oscar Trevino, Chair
Mayor, North Richland Hills, Texas
DOT HUD -EPA Partnership for Livability
Beth Osborne, US Department of Transportation
Deputy Assistant Secretary for Transportation Policy
9:45 AM 10:15 AM Authorization Update
Joshua Schenck, Bipartisan Policy Center
10:15 AM 10:30 AM Break
10:30 AM 11:15 AM Authorization Update, continued
Ron Thaniel, US Conference of Mayors
Bob Fogel, National Association of Counties
Erika Young, National Association of Regional Councils
David Parkhurst, National Governors Association
11:15 AM 11:45 AM High Speed Rail and Rail Issues
11:45 AM 1:00 PM Lunch
Art Guzzetti, American Public Transit Association
AFTERNOON: (still in progress)
Policy discussion and Hill meetings
10:15 AM 10:30 AM Break
6:00 PM Evening on Your Own
Thursday, October 1
8:00 AM 9:00 AM Breakfast
9:00 AM 9:20 AM NLC Board Update
Bill Brooks, Board Representative
Mayor, Belle Isle, Florida
Advisory Council Update
Susan Burgess, Advisory Council Representative
Council Member, Charlotte, North Carolina
9:30 AM 10:15 AM Chris Leinberger, LOCUS: Responsible Real Estate
Developers and Investors
Noon Adjourn
Leslie Wollack
National League of Cities
1301 Pennsylvania Avenue NW
Washington, DC 20004 -1763
Voice: 202.626.3029
FAX: 202.626.3043
10:30 AM 11:15 AM James Corless, Executive Director, Transportation 4
America,
11:30 AM 12:00 PM Congressman Earl Blumenauer, D- Oregon, House
Ways and Means Committee
David Skillman, Legislative Assistant and Counsel
ITEM NO. 22
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works
DATE: October 27, 2009
SUBJECT: Public Works Department Monthly Report
Approvals
City Attorney
Director of Finance
City Manager
Sief
Paz,
42,
RECOMMENDATION: Receive and file the attached Department of Public Works Monthly
Activity Reports for the month of September, 2009.
TO: Greg Butler, Director of Public Works
FROM: Rodney Tidwell, Maintenance Supervisor
DATE: October 5, 2009
SUBJECT: Monthly Activity Report September, 2009
I. SIGNS
II. TREES
A. Total signs replaced
B. Total signs installed
C. Total signs repaired
III. ASPHALT REPAIRS
IV. CATCH BASINS
V. RIGHT -OF -WAY WEED ABATEMENT
A. Total square footage for right -of -way abatement
VI. GRAFFITI REMOVAL
A. Total locations
B. Total S.F.
VII. STENCILING
MEMORANDUM
The following activities were performed by Public Works Department, Street Maintenance Division in -house personnel
for the month of September, 2009:
A. Total trees trimmed for sight distance and street sweeping concerns
A. 403 New and repainted legends
B. 0 L.F. of new and repainted red curb and striping
C. 2 Bull Nose
D. 22 Thermal Plastic
38
1
53
101
A. Total square feet of A. C. repairs 4,496
B. Total Tons 58.5
A. Total catch basins cleaned 154
B. Under the sidewalks 359
0
84
5,339
RAMAINTAI N \MOACrRPT
Also, City Maintenance staff responded to 81 service order requests ranging from weed abatement, tree trimming,
sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 75 service order requests
for the month of August, 2009.
The Maintenance Crew has also put in 58.5 hours of overtime which includes standby time, special events and
response to street emergencies.
The total cost for Street Maintenance performed by Contractors for the month of September, 2009 was $37.953.00
compared to $10,617.00 for the month of August, 2009.
Account No. 5402 21,803.00
Account No. 5401 16,150.00
Account No. 999 -5402 0
Electronic Copies:
Amer Attar, Principal Engineer
Dan York, City Engineer
Jerry Gonzalez, Associate Engineer
(Capital Improvements)
(Traffic Division)
R:VNAINTAIN \MOACTRPT
TOTAL COST FOR
55'9L6'0Z5$
60 "58£ "4£1.$
00'99L'£Z$
00'0$
UV 2197 1:143
$32,500.00
$17,153.50
$4,750.00
$2,506.66
$109,070.57
$103,237.78
94
9£'8£7'87$
E
96•6£6 "Z$
07'999'9£.$
.'WORK WORK ;WORK
COMPLETED COST FOR JULY COMPLETED COST FOR AUG COMPLETED ,COST FOR SEPT.; TOTAL COS FOR
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IN -HOUSE TREES TRIMMED:
34 $897.26 67 $1,768.13 `�''``v.. 01��..\ \$266539' $5.330.78
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AFTER HOURS CALL OUTS:
176 $6,948.04 49 $1,939.91 a `69 e $16'7.1 $11.203.96
R.O.W. WEED ABATEMENT:
0 $0.00 200 z. a 7
$6 6.00 s� Qti. 868.00
TOTALS $45,112.84
$46
,881.06 \��$38;28'l:`.8Or $130,261.70
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240
0
$4 son nn
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0
W 669 1$
0
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175,000
W Q CO N
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$15,762.00
1ST HALF TOTALS
0
240
0
$4.590 ao
00
0
0
3
0
$1.422.00
175,000
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CONTRACTORS JULY AUGUST \SEPj M.BEk OCTOBER NOVEMBER DECEMBER
Asphalt Square Feet 0 0 0
Concrete Square Feet 0 0, ���.2qQ
Drainage Channels 0 0�� \Q
TOTAL COSTS $0.00 $0.00 4
t*9p 0.
Striping Linear Feet 0
Sandblasting Linear Feet 0
TOTAL COSTS $0.00
$0.00 \�$0�00`�
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F- F F
R.O.W. SPRAYING SQ. FT. 175.000 0
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dfllr��llll4 l r r /lf�l i.
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,ill I ll l
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TOTAL COSTS 4
88,750.00 81,422.00 \4
�$vr90.00
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DEPARTMENT OF PUBLIC WORKS
DATE
DESCRIPTION
TOTAL COST
SIZE
ACCOUNT
STREET /CHANNELBRIDGE
OF WORK
CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT
Date: 09/03/09
5402
CITY WIDE
R.O.W. CLEAN -UP "CRACK SPRAYING"
TOTAL COST
6,876.00
Date: 09/23/09
5402
CITY WIDE
R.O.W. CLEAN -UP
TOTAL COST
2,370.00
Date: 09/30/09
5402
CITY WIDE
TRASH DEBRIS CLEAN -UP; REMOVAL OF
DEBRIS FROM V- DITCHES; POST EMERGENT
WEED SPRAYING
TOTAL COST
7,967.00
Date:
TOTAL COST
CONTRACTOR: BECKER ENGINEERING
Date: 09/28/09
5402
30261 SANTA CECILIA
SIDEWALK REPAIR REPLACEMENT
TOTAL COST
2,325.00
Date: 09/29/09
5402
46133 VIA TRANQUILO
SIDEWALK REPAIR REPLACEMENT
TOTAL COST
2,265.00
CONTRACTOR. MONTELEONE EXCAVATING
Date: 09/28/09
5401
79 SO. AT LA PAZ
RANCHO VISTA AT MEADOWS
FRONT STREET PARK `N RIDE
REMOVAL REPLACEMENT OF EROSION
CONTROL, INCLUDING REMOVAL OF SILT
SANTIAGO AT YNEZ (CITY LOT)
TOTAL COST
16,150.00
Date:
TOTAL COST
TOTAL COST ACCOUNT #5401 $16,150.00
TOTAL COST ACCOUNT #5402 $21,803.00
TOTAL COST ACCOUNT #99 -5402 0
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of September, 2009
R: MAINTAIN \MOACTRPI'
DATE
LOCATION
SCOPE OF' WORK
S.F.
TOTAL
TONS
09/02/09
MARGARITA AT SANTIAGO
POTHOLE
2
09/02/09
MARGARITA AT PIO PICO
R R
250
09/02/09
PUJOL AT SANTIAGO
EP REPAIR
80
6
09/03/09
NORTHBOUND YNEZ AT RANCHO VISTA
POTHOLE
1
09/03/09
PAUBA AT CALLE CEDRAL
R R
319
9
09/14/09
MARGARITA AT AVENIDA SONOMA
R R
208
6
09/14/09
RANCHO VISTA (NEXT TO HIGH SCHOOL)
EP REPAIR
35
09/15/09
BUTTERFIELD STAGE ROAD AT WOLF
R R
400
12
09/16/09
MARGARITA AT PIO PICO
R R
132
4
09/16/09
PUJOL STREET AT CITY LIMITS
EP REPAIR
20
09/17/09
WINCHESTER (NEXT TO PHS) AT DIAZ
AC O/L
105
09/17/09
NICOLAS ROAD
POTHOLE
42
09/17/09
MARGARITA AT WINCHESTER
POTHOLE
4
09/17/09
MARGARITA AT JEDEDIAH SMITH
POTHOLE
4
09/17/09
RAINBOW CANYON
POTHOLE
20
09/17/09
JEDEDIAH SMITH AT LUCERO
AC 0/L
399
3
09/23/09
RYDER WAY AT ENTERPRISE
R R
210
09/23/09
PUJOL (END OF ROAD)
E/P
20
6
09/28/09
MARGARITA (IN FRONT OF LOW E'S)
AC 0/L
690
09/28/09
2 ND AT FRONT
AC 0/L
120
09/28/09
CALLE PINA COLADA AT DEL REY
AC O/L
380
09/28/09
END OF PUJOL
EP REPAIR
20
6
09/29/09
CALLE PINA COLADA AT DEL REY
AC 0/L
505
09/29/09
SPICA COURT
AC 0/L
190
4
09/30/09
DEL REY AT CALLE PINA COLADA
AC 0/L
340
2,.5
TOTAL S.F.
TOTAL TONS
OF REPAIRS 4,496
58.5
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF SEPTEMBER, 2009
R:\MAINTAINI WKCMPLTD \ASPHALT.RPR
DATE
LOCATION
WORK
COMPLETED
09/01/09
MEADOWVIEW DOWN SPOUTS
CLEANED CHECKED
3
DOWN SPOUTS
09/02/09
MEADOWVIEW DOWN SPOUTS
CLEANED CHECKED
11
DOWN SPOUTS
09/03/09
31333 TEMECULA PARKWAY
CLEANED CHECKED
1
CATCH BASIN
09/03/09
44005 NORTH GATE
CLEANED CHECKED
1
CATCH BASIN
09/03/09
MEADOWVIEW (DOWN SPOUTS)
CLEANED CHECKED
19
DOWN SPOUTS
09/03/09
AREA #1 (UNDERSIDE WALKS)
CLEANED CHECKED
10
UNDERSIDE WALKS
09/08/09
"HOT SPOTS"
CLEANED CHECKED
24
CATCH BASINS
09/09/09
AREA #4 (UNDERSIDE WALKS)
CLEANED CHECKED
24
UNDERSIDE WALKS
09/10/09
AREA #1 (UNDERSIDE WALKS)
CLEANED CHECKED
56
UNDERSIDE WALKS
09/14/09
"HOT SPOTS"
CLEANED CHECKED
28
CATCH BASINS
09/15/09
AREA #1 (UNDERSIDE WALKS)
CLEANED CHECKED
70
UNDERSIDE WALKS
09/16/09
AREAS #1 #2 (UNDERSIDE WALKS)
CLEANED CHECKED
54
UNDERSIDE WALKS
09/21/09
"HOT SPOTS"
CLEANED CHECKED
32
CATCH BASINS
09/22/09
AREA #2 (UNDERSIDE WALKS)
CLEANED CHECKED
12
UNDERSIDE WALKS
09/23/09
AREA #2 (UNDERSIDE WALKS)
CLEANED CHECKED
44
UNDERSIDE WALKS
09/24/09
AREA #2 (UNDERSIDE WALKS)
CLEANED CHECKED
53
UNDERSIDE WALKS
09/28/09
"HOT SPOTS"
CLEANED CHECKED
15
CATCH BASINS
09/29/09
AREA #2 (UNDERSIDE WALKS)
CLEANED &CHECKED
29
UNDERSIDE WALKS
09/30/09
AREA #2 (UNDERSIDE WALKS)
CLEANED CHECKED
27
UNDERSIDE WALKS
TOTAL CATCH BASINS CLEANED
TOTAL UNDERSIDE WALKS
CHECKED
154
359
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF SEPTEMBER, 2009
R AMNNTN N\ W KCMPLETD \C ATCHB AS\
72A,.....:
10
s31CQ7i
REMOVED
30 S.F. OF GRAFFITI
09/01/09
PAUBAAT VILLA ALTURAS
09/01/09
WINCHESTER AR RORIPAUGH
REMOVED
6 S.F. OF GRAFFITI
09/01/09
PAUBA AT YNEZ
REMOVED
8 S.F. OF GRAFFITI
09/02/09
CALLE FUEGO AT CALLE PANTANO
REMOVED
8 S.F. OF GRAFFITI
09/02/09
KLARER AT WALCOTT
REMOVED
2 S.F. OF GRAFFITI
09/02/09
MEADOWS PARKWAY AT VIA JASSO
REMOVED
36 S.F. OF GRAFFITI
09/02/09
MEADOWS PARKWAY AT CORTE ILLORA
REMOVED
2 S.F. OF GRAFFITI
09/03/09
RUSTIC GLEN AT KNOLLRIDGE
REMOVED
4 S.F. OF GRAFFITI
09/03/09
WINCHESTER AT SPRINGTIME
REMOVED
2 S.F. OF GRAFFITI
09/03/09
WINCHESTER AT NICOLAS
REMOVED
2 S.F. OF GRAFFITI
09/02/09
RANCHO VISTA AT VIA EL GRECO
REMOVED
4 S.F. OF GRAFFITI
09/03/09
BUTTERFIELD STAGE ROAD AT WELTON
REMOVED
4 S.F. OF GRAFFITI
09/04/09
WALLABY AT HAWK
REMOVED
2 S.F. OF GRAFFITI
09/04/09
WALLABY AT JAGUAR
REMOVED
4 S.F. OF GRAFFITI
09/04/09
VIA SALTIO AT REDHAWK PARKWAY
REMOVED
2 S.F. OF GRAFFITI
09/08/09
FELIX VALDEZ AT SIXTH COURT
REMOVED
38 S.F. OF GRAFFITI
09/08/09
PUJOL AT "CABOOSE"
REMOVED
6 S.F. OF GRAFFITI
09/08/09
AVENIDA DE MISSIONS
REMOVED
52 S.F. OF GRAFFITI
09/08/09
VIA RIO TEMECULA AT COUNTRY GLEN
REMOVED
10 S.F. OF GRAFFITI
09/08/09
CORTE ZARAGOZA AT PASEO GALLANTE
REMOVED
2 S.F. OF GRAFFITI
09/08/09
VIA RIO TEMECULA
REMOVED
120 S.F. OF GRAFFITI
09/08/09
REDHAWK AT PEPPERCORN
REMOVED
6 S.F. OF GRAFFITI
09/08/09
JON WILLIAMS AT DEER HOLLOW
REMOVED
10 S.F. OF GRAFFITI
09/08/09
ANZA AT SHARONE
REMOVED
1 S.F. OF GRAFFITI
09/08/09
VIA GILBERTO AT PASHAHO
REMOVED
12 S.F. OF GRAFFITI
09/08/09
LOMA LINDA AT VIA DEL CORONADO
REMOVED
55 S.F. OF GRAFFITI
09/08/09
TARGET CENTER
REMOVED
20 S.F. OF GRAFFITI
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF SEPTEMBER, 2009
R:\MAINTAIN\WKCMPLTD \GRAFFITI\
09/08/09
YNEZ AT SANTA GERTRUDIS CREEK
REMOVED
171 S.F. OF GRAFFITI
0
MARGARITA AT SANTA GERTRUDIS CREEK
REMOVED
6 S.F. OF GRAFFITI
0'
WINCHESTER AT SANTA GERTRUDIS BRIDGE
REMOVED
4 S.F. OF GRAFFITI
09/08/09
CALLE KATERINE
REMOVED
3 S.F. OF GRAFFITI
09/08/09
OVERLAND BRIDGE AT I -15 FREEWAY
REMOVED
150 S.F. OF GRAFFITI
0
BADGER ROAD
REMOVED
30 S.F. OF GRAFFITI
0
N/B 1 -15 AT REAR OF THE TOYOTA DEALER
REMOVED
30 S.F. OF GRAFFITI
09/11/09
SOLANA AT MARGARITA
REMOVED
9 S.F. OF GRAFFITI
0'
OVERLAND AT MARGARITA
REMOVED
2 S.F. OF GRAFFITI
0
PECHANGA AT MASTERS
REMOVED
270 S.F. OF GRAFFITI
09/14/09
LOMA LINDA AT PECHANGA
REMOVED
41 S.F. OF GRAFFITI
0
WOLF VALLEY AT PECHANGA
REMOVED
96 S.F. OF GRAFFITI
09/14/09
VINE AT PEACH TREE
REMOVED
348 S.F. OF GRAFFITI
AVENIDA DE MISSIONS AT VIA RIO TEMECULA
REMOVED
15 S.F. OF GRAFFITI
09/14/09
BUTTERFIELD STAGE ROAD AT CROWNE HILL
REMOVED
3 S.F. OF GRAFFITI
09/15/09
CHANNEL BEHIND "U -STORE IT"
REMOVED
64 S.F. OF GRAFFITI
0
BUTTERFIELD AT ROYAL CREST
REMOVED
12 S.F. OF GRAFFITI
0'
LONG VALLEY AT ROANOAKE
REMOVED
13 S.F. OF GRAFFITI
0'
YNEZ BRIDGE AT SANTA GERTRUDIS CREEK
REMOVED
316 S.F. OF GRAFFITI
MARGARITA BRIDGE AT SANTA GERTRUDIS CREEK
REMOVED
442 S.F. OF GRAFFITI
0
HENRY'S MARKET AT SANTA GERTRUDIS CREEK
REMOVED
13 S.F. OF GRAFFITI
CROWN BOOKS AT SANTA GERTRUDIS CREEK
REMOVED
20 S.F. OF GRAFFITI
09/15/09
PECHANGA AT MURFIELD
REMOVED
1 S.F. OF GRAFFITI
09/15/09
VAIL RANCH AT CINON
REMOVED
1 S.F. OF GRAFFITI
WOLF CREEK AT SIERRA COURT
REMOVED
35 S.F. OF GRAFFITI
09/17/09
MARGARITA AT OVERLAND
REMOVED
4 S.F. OF GRAFFITI
TEMECULA PARKWAY AT MARGARITA ROAD
REMOVED
115 S.F. OF GRAFFITI
0'
TARGET SHOPPING CENTER
REMOVED
825 S.F. OF GRAFFITI
09/21/09
SANTA GERTRUDIS CREEK AT WINCHESTER
REMOVED
638 S.F. OF GRAFFITI
0'
1 -15 AT TEMECULA RIVER
REMOVED
20 S.F. OF GRAFFITI
09/21/09
S/B 1 -15 AT OVERLAND
REMOVED
2 S.F. OF GRAFFITI
R:\MAINTAIN\WKCMPLTD \GRAFFITI\
R:\MAINTAIN\ W KCMPLTD \GRAFFITI\
�+ar.._.. ;v
ozlorza
09/22/09
CAMINO SAN DIMAS AT VIA LA COLORADA
REMOVED
6 S.F. OF GRAFFITI
09/22/09
VIA PERALES AT VIA LA COLORADA
REMOVED
6 S.F. OF GRAFFITI
09/22/09
DEER HOLLOW AT VIA PERALES
REMOVED
1 S.F. OF GRAFFITI
09/22/09
PECHANGA AT VIA CONSUELO
REMOVED
2 S.F. OF GRAFFITI
09/22/09
HARVESTON AT MENDOCINO LANE
REMOVED
1 S.F. OF GRAFFITI
09/22/09
HARVESTON AT SHERBOURNE PLACE
REMOVED
7 S.F. OF GRAFFITI
09/22/09
YNEZ AT WAVERLY
REMOVED
1 S.F. OF GRAFFITI
09/23/09
TEMECULA PARKWAY AT WABASH
REMOVED
2 S.F. OF GRAFFITI
09/23/09
DE PORTOLA AT VIA ANGELES
REMOVED
2 S.F. OF GRAFFITI
09/23/09
27715 JEFFERSON ROAD
REMOVED
2 S.F. OF GRAFFITI
09/23/09
DEL RIO BRIDGE
REMOVED
14 S.F. OF GRAFFITI
09/25/09
NO. GENERAL KEARNY AT NICOLAS
REMOVED
8 S.F. OF GRAFFITI
09/25/09
RAINBOW CANYON (NEXT TO GOLF COURSE)
REMOVED
220 S.F. OF GRAFFITI
09/28/09
28999 OLD TOWN FRONT
REMOVED
28 S.F. OF GRAFFITI
09/28/09
PARK 'N RIDE ON OLD TOWN FRONT STREET
REMOVED
9 S.F. OF GRAFFITI
09/28/09
PEACH TREE AT PRIMROSE
REMOVED
2 S.F. OF GRAFFITI
09/28/09
VIA PERALES BETWEEN DEER HOLLOW AND VIA COLORADA
REMOVED
23 S.F. OF GRAFFITI
09/28/09
WOLF CREEK AT PECHANGA
REMOVED
1 S.F. OF GRAFFITI
09/28/09
ROCKY BAR DRIVE AT MINER TRAIL
REMOVED
3 S.F. OF GRAFFITI
09/28/09
BUTTERFIELD STAGE ROAD AT TEMECULA CREEK
REMOVED
580 S.F. OF GRAFFITI
09/28/09
MEADOWS PARKWAY AT RANCHO CALIFORNIA ROAD
REMOVED
2 S.F. OF GRAFFITI
09/28/09
RANCHO CALIFORNIA ROAD AT VINTAGE HILLS
REMOVED
69 S.F. OF GRAFFITI
09/28/09
27702 JEFFERSON
REMOVED
4 S.F. OF GRAFFITI
09/29/09
PASEO GALLANTE AT CORTE ZARAGOZA
REMOVED
22 S.F. OF GRAFFITI
09/30/09
MAIN STREET BRIDGE
REMOVED
28 S.F. OF GRAFFITI
09/30/09
RORIPAUGH AT ROSEBAY COURT
REMOVED
1 S.F. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED
TOTAL LOCATIONS
5.339
8
R:\MAINTAIN\ W KCMPLTD \GRAFFITI\
0000000000000000 0000000000
0000000000000000 coo oocso 000
00000000000000000000000000
rOF r I-LfMr -O N. la Mr MNIOMr Of. LOMr
111< CITO MM C'CCNNNNN
M M M r T M r 0
H H H 1
L 1„' L
N
CI Z .0 0 E
ti W -c en O 0 A
L• M la 00 N O .-1 ON
O M al O el en er O. M b. M
H .y 7 N O 00. 0 In N la
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0
Cmc
ca
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Ct F w 5 d ti ti d 0 Z A
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT -OF -WAY TREE TRIMMING
MONTH OF SEPTEMBER, 2009
R:'MA1NTAIN\WRKCOMPLTD \TREES
DATE
z Y^
LOt&TION:
WORK COMPLETED
08/28/09
VIA NORTE AT CALLE TIARA
TRIMMED
1 R.O.W. TREES
08/28/09
31270 VIA NORTE
TRIMMED
3 R.O.W. TREES
08/28/09
29955 VIA NORTE
TRIMMED
1 R.O.W. TREES
08/28/09
VIA NORTE AT DEL REY
TRIMMED
3 R.O.W. TREES
08/28/09
VIA LA VIDA
TRIMMED
4 R.O.W. TREES
08/28/09
VIA NORTE AT AVENIDA DEL REPOSO
TRIMMED
1 R.O.W. TREES
08/28/09.
VIA NORTE AT FELICIA ROAD
TRIMMED
1 R.O.W. TREES
09/01/09
RAINBOW CREEK AT CITY LIMITS
TRIMMED
1 R.O.W. TREES
09/01/09
30486 DEER MEADOWS
TRIMMED
1 R.O.W. TREES
09/01/09
KLARER AT WALCOTT
TRIMMED
1 R.O.W. TREES
09/01/09
SANTIAGO AT OLD TOWN FRONT STREET
TRIMMED
3 R.O.W. TREES
09/02/09
CALLE FUEGO AT CALLE PANTANO
TRIMMED
1 R.O.W. TREES
09/02/09
NANTUCKET AT CAMBRIDGE PLACE
TRIMMED
1 R.O.W. TREES
09/03/09
WINCHESTER CREEK AT WINCHESTER
TRIMMED
1 R.O.W. TREES
09/09/09
CROWNE HILL AT MANCHESTER
TRIMMED
1 R.O.W. TREES
09/09/09
HUMBER
TRIMMED
1 R.O.W. TREES
09/09/09
BRANFORD AT SO. GENERAL KEARNY
TRIMMED
1 R.O.W. TREES
09/09/09
NIBLICK AT WEDGE
TRIMMED
1 R.O.W. TREES
09/10/09
LA SERENA AT CALLE MEDUSA
TRIMMED
1 R.O.W. TREES
09/10/09
LA SERENA AT CALLE. PINA COLADA
TRIMMED
2 R.O.W. TREES
09/10/09
MARGARITA AT WINCHESTER
TRIMMED
1 R.O.W. TREES
09/10/09
YNEZ AT WINCHESTER
TRIMMED
1 R.O.W. TREES
09/10/09
YNEZ AT SANTIAGO
TRIMMED
1 R.O.W. TREES
09/10/09
PAUBA AT LA PRIMAVERA
TRIMMED
8 R.O.W. TREES
09/11/09
YNEZ BETWEEN PAUBA RANCHO VISTA
TRIMMED
8 R.O.W. TREES
09/16/09
MODENA AT CORBIE STREET
TRIMMED
1 R.O.W. TREES
09/16/09
RITA WAY AT SOUTHGATE WAY
TRIMMED
1 R.O.W. TREES
09/16/09
MARGARITA AT WINCHESTER
TRIMMED
2 R.O.W. TREES
09/16/09
MARGARITA AT AVENIDA BARCA
TRIMMED
R.O.W. TREES
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT -OF -WAY TREE TRIMMING
MONTH OF SEPTEMBER, 2009
R:'MA1NTAIN\WRKCOMPLTD \TREES
DATE
LOCATION
WORK COMPLETED
09/16/09
MARGARITA BETWEEN PIO PICO AND DE PORTOLA
TRIMMED
7
R.O.W. TREES
09/17/09
MARGARITA AT PIO PICO
TRIMMED
4
R.O.W. TREES
09/17/09
TULLY RANCH ROAD
TRIMMED
1
R.O.W. TREES.
09/17/09
VAIL RANCH AT SUNBEAM
TRIMMED
1
R.O.W. TREES
09/17/09
TERZICH DRIVE AT VAIL RANCH
TRIMMED
1
R.O.W. TREES
09/17/09
RANCHO CALIFORNIA ROAD AT LYNDIE LANE
TRIMMED
1
R.O.W. TREES
09/17/09
DEL REY AT AVENIDA DEL REPOSO
TRIMMED
1
R.O.W. TREES
09/23/09
COSMIC AT SANTA CECILIA
TRIMMED
1
R.O.W. TREES
09/23/09
27599 COMMERCE CENTER
TRIMMED
1
R.O.W. TREES
09/24/09
OLD TOWN FRONT STREET AT THIRD
TRIMMED
1
R.O.W. TREES
09/25/09
33058 TERRACE
TRIMMED
1
R.O.W. TREES
09/25/09
VIA SAN CARLOS
TRIMMED
7
R.O.W. TREES
09/25/09
VIA CORDOVA AT CORTE CAROLINA
TRIMMED
1
R.O.W. TREES
09/25/09
44895 MACHON
TRIMMED
1
R.O.W. TREES
09/25/09
BUCKEYE AT PREECE LANE
TRIMMED
1
R.O.W. TREES
09/25/09
28304 TIERRA VISTA
TRIMMED
1
R.O.W. TREES
09/25/09
28248 TIERRA VISTA
TRIMMED
1
R.O.W. TREES
09/25/09
CALLE RIVA AT TIERRA VISTA
TRIMMED
2
R.O.W. TREES
09/25/09
CALLE RIVA AT CALLE RIVERA
TRIMMED
1
R.O.W. TREES
09/25/09
CORTE MALBINO
TRIMMED
2
R.O.W. TREES
09/25/09
42245 COSMIC
TRIMMED
1
R.O.W. TREES
09/25/09
30291 NEBULA LANE
TRIMMED
1
R.O.W. TREES
09/25/09
30275 NEBULA LANE
TRIMMED
1
R.O.W. TREES
09/25/09
30260 NEBULA LANE
TRIMMED
1
R.O.W. TREES
09/25/09
AGENA STREET
TRIMMED
1
R.O.W. TREES
09/25/09
SKY TERRACE
TRIMMED
1
R.O.W. TREES
09/25/09
PREECE AT VIA FANITA
TRIMMED
3
R.O.W. TREES
09/25/09
SANTIAGO AT QUIET CANYON
TRIMMED
1
R.O.W. TREES
TRIMMED
R.O.W. TREES
TRIMMED
R.O.W. TREES
TOTAL R.O.W. TREES TRIMMED
101
R: \MAINTAIN\ W RKCOMPLTD \TREES
DATE
REC'D
LOCATION
REQUEST
DATE WORK
COMPLETED
08/17/09
VIA GILBERTO
GRAFFITI
08/18/09
08/28/09
39626 RUSTIC GLEN
CONCRETE REPAIR
08/28/09
08/31/09
VILLA ALTURAS AT CALLE HALCON
GRAFFITI
09/01/09
08/31/09
MORAGA BTWN. MARGARITA RANCHO CALIFORNIA ROAD
DEBRIS
09/01/09
09/01/09
MEADOWS BETWEEN LEENA ATA VIA JASSO
GRAFFITI
09/01/09
09/01/09
CORTE ILLORA
GRAFFITI
09/02/09
09/01/09
RANCHO CALIFORNIA ROAD AT HOPE WAY
DEBRIS
09/02/09
09/01/09
30486 DEER MEADOW DRIVE
TREE
09/01/09
09/01/09
CORTE FRESCA
BEES
09/01/09
09/01/09
30540 MILKY WAY DRIVE
TREE
09/02/09
09/01/09
39786 NANTUCKET
SIGN REPAIR
09/02/09
09/02/09
CORTE ALMERIA AT CORTE ALBANO
SIGN REPAIR
09/02/09
09/02/09
44005 NORTHGATE
CATCH BASIN
09/03/09
09/02/09
31333 TEMECULA PARKWAY
CATCH BASIN
09/03/09
09/03/09
44596 CAMINO GONZALES
TREE
09/08/09
09/03/09
32316 CORTE CORONADO
TREE
09/08/09
09/04/09
PEPPERCORN AT CORTE BARELA
DEBRIS
09/04/09
09/04/09
42103 HUMBER DRIVE
TREE
09/09/09
09/04/09
CORTE ZARAGOSA AT PASEO GALLANTE
GRAFFITI
09/04/09
09/06/09
VIA RIO TEMECULA AT ASHBURY PLACE
GRAFFITI
09/06/09
09/06/09
VIA RIO TEMECULA AT VIA LUCIDO
GRAFFITI
09/06/09
09/07/09
VIA RIO TEMECULA AT GATE ENTRANCE
GRAFFITI
09/07/09
09/07/09
VIA RIO TEMECULA AT COUNTRY GLEN WAY
GRAFFITI
09/07/09
09/07/09
VIA RIO TEMECULA AT COUNTRY GLEN WAY
GRAFFITI
09/07/09
09/08/09
BADGER WAY AT SEAGULL WAY
GRAFFITI
09/08/09
09/08/09
1-15 FREEWAY AT OVERLAND BRIDGE
GRAFFITI
09/08/09
09/08/09
43216 VIA DOS PICOS
TREE
09/09/09
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF SEPTEMBER, 2009
R: \MAINTAIN\ W RKCOMPLTD \SORS1
DATE
REC'D
LOCATION
REQUEST
DATE WORK
COMPLETED
'09/08/09
CALLE KATERINE
GRAFFITI
09/08/09
09/08/09
LOMA LINDA AT VIA DEL CORONADO
GRAFFITI
09/08/09
09/08/09
DEER HOLLOW AT JOHN WILLIAM WAY
GRAFFITI
09/08/09
09/08/09
PEPPERCORN AT REDHAWK PARKWAY
GRAFFITI
09/08/09
09/08/09
S/B 1 -15 FREEWAY AT WINCHESTER
LANDSCAPE
09/08/09
09/08/09
REDHAWK PARKWAY AT NIGHTHAWK
SIGN REPAIR
09/08/09
09/08/09
RANCHO CALIFORNIA ROAD AT LYNDIE LANE
DEBRIS
09/08/09
09/08/09
PASEO BRILLANTE AT MARGARITA
DEBRIS
09/08/09
09/08/09
MARGARITA AT SOLANA
DEBRIS
09/08/09'.
09/09/09
41694 AVENIDA DE LA REINA
TREES
09/09/09
09/11/09
32009 PASEO PARALLON
DEBRIS
09/11/09
09/11/09
30218 SANTIAGO ROAD
DEBRIS
09/11/09
09/11/09
CALLE PINA COLADA AT NO. GENERAL KEARNY
SIGN REPAIR
09/11/09
09/14/09
THIRD AT OLD TOWN FRONT
GRAFFITI
09/14/09
09/14/09
46157 VIA LA TRANQUILA
V -DITCH REPAIR
09/15/09
09/14/09
30589 TEMECULA PARKWAY
GRAFFITI
09/14/09
09/14/09
LOMA LINDA AT CORTE SEVRINA
SIGN REPAIR
09/14/09
09/14/09
PEACH TREE AT VINE
GRAFFITI
09/14/09
09/15/09
46133 VIA LA TRANQUILA
SIDEWALK REPAIR
09/15/09
09/15/09
4187 ENTERPRISE CIRCLE NORTH
CHANNEL ISSUE
0915/09
09/15/09
MARGARITA AT AVENIDA LIMA DEL SOL
CATCH BASIN REPAIR
09/15/09
09/15/09
MORAGA BTWN. RANCHO CALIFORNIA RD AND MARGARITA
DEBRIS
09/15/09
09/15/09
MARGARITA AT MORAGA
SIGN REPAIR
09/15/09
09/15/09
31384 CHEMIN CHEVALIER
FLOW LINE REPAIR
09/16/09
09/15/09
44492 SAMLIN CIRCLE
TREE
09/17/09
09/15/09
31759 CORTE ENCINAS
SIDEWALK REPAIR
09/16/09
09/16/09
MARGARITA AT NO. GENERAL KEARNY
GRAFFITI
09/16/09
09/16/09
32201 CORTE FLORECITA
TREE /SIDEWALK
09/17/09
09/16/09
WOLF CREEK AT LUSENO SCHOOL
GRAFFITI
09/16/09
09/17/09
41846 HUMBER DRIVE
TREE
09/17/09
09/18/09
33287 AVENIDA BICICLETA
TREE
09/29/09
09/18/09
OLD TOWN FRONT AT MAIN
REMOVE MAGAZINE RACK
09/18/09
R: \MAINTAIN\ W RKCOMPLTD\SORS\
DATE
REC'D
LOCATION
REQUEST
DATE WORK
COMPLETED
09/18/09
VIA EDUARDO
TREE
09/21/09
09/21/09
42316 CORTE VILLOSA
SIDEWALK REPAIR
09/21/09
09/21/09
MIRA LOMA AT SANTA CECILIA
DEBRIS IN ROAD
09/23/09
09/21/09
29210 STONEWOOD
CATCH BASIN
09/21/09
09/21/09
STONEWOOD AT MARGARITA
DEBRIS
09/21/09
09/21/09
DE PORTOLA AT BUTTERFIELD STAGE ROAD
GUARD RAIL REPAIR
09/21/09
09/21/09
32358 OVERLAND TRAIL
TREE
09/21/09
09/22/09
RAINBOW CANYON
GRAFFITI
09/25/09
09/23/09
MARGARITA AT VIA LAS COLINAS
DEBRIS
09/23/09
09/23/09
27599 COMMERCE CENTER DRIVE
TREE
09/23/09
09/23/09
MARGARITA AT MORAGA
DEBRIS
09/23/09
09/23/09
39860 NO. GENERAL KEARNY
TREE
09/24/09
09/24/09
CALLE RIVAS AT CAMINO RABAGO
DEBRIS
09/24/09
09/25/09
NO. GENERAL KEARNY AT NICOLAS
GRAFFITI
09/25/09
09/25/09
VIA PERALES AT DEER HOLLOW
GRAFFITI
09/25/09
09/25/09
33024 POPPY STREET
CATCH BASIN
09/29/09
09/28/09
30170 SANTA CECILIA
DEBRIS
09/28/09
09/28/09
PASEO GALLANTE
GRAFFITI
09/29/09
09/29/09
PAUBA AT LINFIELD SCHOOL
DEBRIS
09/29/09
09/29/09
33287 AVENIDA BICICLETA
TREE
09/29/09
09/29/09
CLASSIC WAY AT GLEN EAGLES
SIGN REPAIR
09/30/09
09/30/09
32590 ANGELO DRIVE
SIGN REPAIR
09/30/09
TOTAL SERVICE
ORDER REQUESTS 81
R: \MAINTAIN\ W RHCOMPLTD \SORS\
DATE
LOCATION
i WORK COMPLETED
08/28/09
VIA NORTE AT CALLE TIARA
REPAIR
R1 -1
08/28/09
31270 VIA NORTE
REPAIR
C- PACKAGE
08/28/09
2995 VIA NORTE
REPAIR
W2 -2
08/28/09
VIA NORTE AT DEL REY
REPAIR
R2 -35
08/28/09
VIA NORTE AT AVENIDA DEL REPOSO
REPAIR
W14 -2
08/28/09
OLD TOWN FRONT STREET AT TEMECULA PARKWAY
REPLACED
1 DELINEATOR
09/01/09
S/B WINCHESTER AT RORIPAUGH
REPAIR
R2 -26
09/01/09
RANCHO CALIFORNIA ROAD AT VIA LAS COLINAS
REPAIR
W -75
09/02/09
DEL REY AT VIA NORTE
REPAIR
R1 -1
09/02/09
JEFFERSON AT WINCHESTER
REPAIR
R4 -7
09/02/09
OLD TOWN FRONT STREET AT MORENO
NEW INSTALL
1 R26
09/02/09
WOLF VALLEY AT WOLF CREEK
REPLACED
SNS
09/02/09
NIGHTINGALE AT WOLF VALLEY
REPLACED
SNS
09/02/09
WALLABY AT WOLF VALLEY
REPLACED
SNS
09/02/09
NANTUCKET AT BRIDGEHAMPTON
REPAIR
SNS
0902/09
ROYAL BIRKDALE AT MEADOWS PARKWAY
REPLACED
R4 -7 TYPE K
09/02/09
AVENIDA DE SAN PASQUAL AT GRANVILLE
REPLACED
SNS
09/03/09
VAIL RANCH AT CUTCHOGUE DRIVE
REPLACED
R26 R81
09/03/09
PIO PICO AT MARGARITA
REPLACED
1 DELINEATOR
09/03/09
RORIPAUGH AT SIENNA COURT
REPAIR
R2 -25
09/04/09
RANCHO CALIFORNIA ROAD AT MARGARITA
REPLACED
1 DELINEATOR
09/08/09
REDHAWK PARKWAY AT NIGHTHAWK
REPLACED
R26
09/08/09
REDHAWK PARKWAY AT CALLE MOS MOCHIS
REPLACED
R1 -1
09/09/09
CROWNE HILL AT MANCHESTER
REPAIR
R1 -1
09/10/09
NO. GENERAL KEARNY AT CAMINO CAMPOS VERDE
REPLACED
R -81
09/10/09
SUNNY MEADOWS AT CORBIE
REPLACED
51 -1
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF SEPTEMBER, 2009
R:\MAINTAIMWKCMPLTD \SIGNS\
DATE
LOCATION
WORK COMPLETED
09/10/09
YNEZ AT TOWN CENTER
REPAIR
R26 81
09/10/09
YNEZ AT SANTIAGO
REPAIR
R26 81
09/10/09
YNEZ AT WINCHESTER
REPAIR
R26 81
09/10/09
MARGARITA AT WINCHESTER
REPAIR
W11 -2
09/10/09
LA SERENA AT CALLE PINA COLADA
REPAIR
R-26/81
09/10/09
LA SERENA AT CALLE MEDUSA
REPAIR
R26 81
09/11/09
NICOLAS ON NO. GENERAL KEARNY
REPLACED
R -26
09/11/09
CALLE PINA COLADA AT NO. GENERAL KEARNY
REPAIR
W1 -6
09/11/09
42132 REMINGTON
REPAIR
R26 -A
09/14/09
CORTE SEVRINA AT LOMA LINDA
REPAIR
SNS
09/14/09
NICOLAS AT CALLE GIRASOL
REPAIR
R2 -30
09/15/09
MARGARITA AT MORAGA
REPLACE
R4 -7
09/15/09
PECHANGA AT MURFIELD
REPAIR
R4 -7
09/15/09
VAIL RANCH PARKWAY AT CINON
REPAIR
R4 -7
09/15/09
CAMINO PIEDRA ROJO AT CALLE LANGARCIA
REPLACED
S1 -1
09/15/09
VAIL RANCH AT NIGHTHAWK
REPLACED
S1 -1
09/15/09
VAIL RANCH AT CAMINO RUBANO
REPLACED
S1 -1
09/16/09
WOLF VALLEY AT PECHANGA
REPAIR
R4 -7
09/16/09
SUNNY MEADOWS AT CAPRI WAY
REPLACED
S1 -1
09/16/09
MODENA AT CORBIE STREET
REPLACED
S1 -1 S4 -3
09/16/09
PAUBA AT MEADOWS
REPLACED
S1 -1
09/16/09
PAUBA AT MEADOWS
REPLACED
S4 -3
09/16/09
FORE WAY AT MASHIE WAY
REPLACED
R1 -1
09/17/09
SOLANA WAY
REPAIR
9 R26
09/17/09
SOLANA WAY AT MARGARITA
REPAIR
R18 -2, R6 -1, R2 -45
09/22/09
PAUBA AT MARGARITA
REPAIR
R -26
09/24/09
JEFFERSON AT WINCHESTER
REPLACE
R4 -7
09/24/09
TEMECULA PARKWAY AT WABASH
REPAIR
CITY LIMIT SIGN
09/24/09
ROICK AT WINCHESTER ROAD
REPLACED
2 R-26
09/24/09
WINCHESTER AT REMINGTON
REPLACED
R1 -1
09/24/09
28670 OLD TOWN FRONT STREET
REPLACED
BALLARD
09/24/09
TEMECULA PARKWAY AT WOLF CREEK
REPLACED
R4 -7
09/24/09
WOLF VALLEY AT WOLF CREEK DRIVE
REPAIR
R4 -7
09/24/09
REDHAWK AT REDHAWK
REPAIR
R4 -7
R:\MAINTAIMWKCMPLTD\SIGNS\
R SMAI NTAI M W KCMPLTD\SIGNS\
DATE
LOCATION
WORK COMPLETED
09/24/09
OLD TOWN FRONT STREET AT FIRST
REPLACED
R5 -2
09/24/09
OLD TOWN FRONT STREET AT THIRD
REPAIRED
R1 -1
09/28/09
OLD TOWN FRONT STREET PARK -N- RIDE
REPAIRED
2 R26
09/29/09
28911 OLD TOWN FRONT STREET
REPAIRED
R2 -45
09/30/09
ANGELO DRIVE AT CAMPO DRIVE
REPAIRED
SNS
09/30/09
RANCHO CALIFORNIA ROAD AT OLD TOWN FRONT
REPLACED
R2 -35
09/30/09
CLASSIC WAY AT GLENEAGLES
REPAIRED
SNS
TOTAL SIGNS REPLACED
TOTAL SIGNS INSTALLED
TOTAL SIGNS REPAIRED
38-
1
53
R SMAI NTAI M W KCMPLTD\SIGNS\
DATE
LOCATION
WORK COMPLETED
09/01/09
CITY WIDE
REPAINTED
19 LEGENDS
09/02/09
N/B MARGARITA AT PIO PICO
NEW
2 45 THERMAL
09/02/09
HONORS AT DRIVER
NEW
1 STOP LEGEND
09/02/09
BUNKER AT DRIVER
NEW
1 STOP LEGEND
09/08/09
TEMEKU HILLS TRACT
NEW
7 STOP LEGENDS
09/09/09
TEMEKU HILLS TRACT
NEW
2 STOP LEGENDS
09/09/09
BUTTERFIELD STAGE ROAD AT TEMECULA
RE -THERM
2 ARROWS
09/09/09
BUTTERFIELD STAGE ROAD AT DE PORTOLA
RE -THERM
1 ARROW
09/09/09
MARGARITA AT TEMECULA
RE -THERM
2 ARROWS
09/10/09
BUTTERFIELD STAGE AREA
REPAINTED
59 LEGENDS
09/14/09
CITY WIDE
REPAINTED
51 LEGENDS
09/16/09
CITY WIDE
REPAINTED
40 LEGENDS
09/17/09
CITY WIDE
REPAINTED
54 LEGENDS
09/22/09
DE PORTOLA BETWEEN MARGARITA SUNNY MEADOWS
REPAINTED
47 LEGENDS
09/22/09
MEADOWS AT LA SERENA
REPAINTED
2 BULL NOSE
09/23/09
RANCHO VISTA BETWEEN MIRA LOMA AND MIRA LOMA
REPAINTED
7 LEGENDS
09/23/09
DE PORTOLA BETWEEN SUNNY MEADOWS VIA ANGELES
REPAINTED
38 LEGENDS
09/24/09
DE PORTOLA BETWEEN BUTTERFIELD AND MARGARITA
REPAINTED
57 LEGENDS
09/24/09
CAMPANULA BETWEEN MEADOWS AND DE PORTOLA
NEW
4 ARROWS
8/09
CAMPANULA BETWEEN DE PORTOLA AND MEADOWS PKWY
REPAINTED
30 LEGENDS
09/29/09
MEADOWS BETWEEN TEMECULA PKWY RANCHO VISTA
REPAINTED
44 LEGENDS
09/30/09
MEADOWS BETWEEN TEMECULA PKWY RANCHO VISTA
REPAINTED
33 LEGENDS
NEW INSTALLS
REPAINTED
THERMAL
BULL NOSE
4
399
22
2
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS STRIPING
MONTH OF SEPTEMBER, 2009
R1MAINTAIN\ WRKCOMPLTD \STRIPING
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
PROJECTS UNDER CONSTRUCTION
PW03 01
I
Roripaugh Ranch Fire Station
Contractor: Tovey Shultz Construction, Inc.
Contract Amount: $3,298
Approved Change Orders: $212,768.24
Account No. 210 -165 -741
David McBride
97% (9110)
93%
The majority of work was completed by April of 2006. The remaining work will be
completed when the mainline utilities are installed, which the City is undertaking
estimated start in March of 2010. A fire engine/truck venting system (requested /added on
2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the
approved change order total.
PW06 03
I
City Property at Diaz Road and Dendy Parkway
(Northwest RDA Property) Rough Grading
Contractor: Skanska
Final Contract Cost $5,948,799.71
David McBride
Complete
100%
This project provided for the rough grading of the vacant City property at Diaz Road and
Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including
hydroseeding, was completed in December of 2008. A notice of completion was approved
by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be
incurred for NPDES measures until such time the property is developed.
PW06 07
(1C 1 E
I
Old Town Infrastructure Project -Town Square and
Mercedes Main Street
Contractor: LH Engineering Contract Amt:
$3,458,495.00
Approved Change Order(s) 265,133
Account Nos.:
210- 165 -636
210 -165 -643
David McBride
9910 (12/09)
99%
o
97 /o
This project involves construction of the Town Square and street improvements on
Mercedes Main Streets. The project was awarded on March 18, 2008. All storm drain,
sewer, and water improvements are complete and all the roadways are paved. Work near
completion in the Town Square and the Fountain is fully functional. Various specialty
items and added work may extend the completion date through December 2009.
PW99 -11
(Ph II}
I
Pechanga Parkway Phase II Street Improvements
from Temecula Parkway to City Limits Pechanga
Rd.
Contractor: All American As
Contract Amount: $8,131,964.98
Account No. 210- 165 668 -58XX
Mayra De La
TorAmer
Attar
Attar
0
99%
95 "�0
This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to
Pechanga Rd. The contractor has essentially completed the improvements including the
"dual right turn lanes" work. The remaining work includes extra work and punch list items.
The project is substantially complete, as of August 2009.
p y p g
PW06 07
(1D)
I
Old Town Infrastructure Projects
Parking Structure Office /Retail Frontage
Contractor: PCL Construction
Contract Amount: $15,797,010.00
Approved Change Orders: ($191,347)
Account No. 210 165 -644
David
McBride/ Bill
McAteer
77 (1122110)
75
This project includes the site grading and retaining walls for the Civic Center the Parking
Structure site as well as construction of a parking structure, including office frontage shell
space. Construction of elevated slabs is complete. B occupancy structure erection and
interior parking structure improvements are ongoing as well as construciton of the exterior
facade.
PW05 13
I
Ronald Reagan Sports Park Channel Silt Removal
Desiltation Pond
Contractor: Sean Malek
Engineering Contract Amount: $315,510
Account No. 210- 190 187 -58XX
William
Becerral Avlin
Odviar
0%
0%
This project includes restoring the Best Management Practices (BMP) of the Stormwater
Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and
the requirements of RWQCB by desilting the basin located near the Sports Park. 401
Certification, Streambed Alteration Agreement, and Nationwide Permits have been
acquired. Bids were opened on 08/26/08 and will be awarded pending confirmation of
FEMA reimbursement funding.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 1 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
PW06 -07
Ph2
I
Old Town Civic Center
Contractor: Edge Development
Contract Amount: $31,555
Approved Change Orders: $88,093
Account No. 210 165 751 -58XX
Bill McAteer/
David McBride
36% (9123110)
30
This project will construct the Old Town Civic Center. City Council awarded the contract to
Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on
structural steel erection, metal decks, steel stud framing, and mechnical, eletrical and
plumbing installation.
PW06 -05
III
Temecula Community Center Expansion
Contractor: Erickson Hall Construction Company
Contract Amount: $1,184,000
Account No. 210 190 197
William
Becerra/ David
McBride
100%
88%
Work began on January 13, 2009. The building is complete SAFE has moved in. Exterior
punchlist is pending. The Escallier house and barn have been fumigated for termites. Dry
rot termite infested wood has been removed and replaced. Staff has reviewed 100%
Plans and edits are required. Resubmittal is expected in 1 month.
PW06 -10
I
De Portola Road Pavement Rehabilitation Project
(from Jedediah Smith to Margarita)
Contractor: Hardy Harper, Inc.
Contract Amount: $1,161,000
Approved Change Orders (1 3): $34,877.01
No. 210 X
Jon Salazar!
Amer Attar
124%
83%
This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to
Margarita Rd. This is a federally funded project. Construction began the week of 3/16/09.
A dispute arose between the City and contractor over the accuracy of the contract plans,
resulting in suspension of work. Dispute was resolved effective 8/27/09; work resumed on
the project 9/1/09. Cap paving work was completed on 9/11/09; AC berm installation and
striping work was completed the week of 9/14/09. With the exception
P 9 tion of the installation of P P
the cap paving course on the north side (westbound lane), which has been left off in
coordination with a Rancho California Water District project, all contract work is complete.
Cap paving of the north side roadway scheduled for10/23/09.
PW06 -14
I
Pavement Rehabilitation Rancho California Road
(Ynez to East City Limit) STPL Project
Contractor: All American Asp
Contract Amt: $3,666,004.25
Account No. 210 165 657
Kendra
Hannah
Meistrell!
Avlin Odviar
7D %(12109)
9%
This project will rehabilitate Rancho California Road from Ynez Road to the City limits on
the east. Construction began on June 3, 2009 and is anticipated to be completed by the
end of December 2009. The contractor is working between Margarita Road and Meadows
Parkway. Work in this area is expected to be completed by the end of November.
PW07 09
I
Traffic Signal Installation Citywide, Butterfield Stage
Rd at Welton Way /Channel St
Contractor: Christopher R. Morales, Inc.
Contract Amount: $323,893.00
Account No. 210 -165- 669 -58XX
Kendra
Hannah-
Meistrell f
Avlin Odviar
100% (9109)
50%
This project installed a new traffic signal on Butterfield Stage Road at Welton Way
Channel Street. The signal has been turned on and work is complete.
PW07 10
I
Traffic Signal Installation Citywide, Meadows Pkwy
at McCabe Dr
Contractor: Christopher R Morales, Inc.
Contract Amount: $323,983.00
Account No. 210 -165- 672 -58XX
Kendra
Hannah-
Meistrell 1
Avlin Odviar
100% (9109)
50%
This project installed a new traffic signal on Meadows Parkway at McCabe Drive. The
signal has been turned on and work is complete.
PW 09 -01
I
Citywide Slurry Seal Project FY08 09
Contractor: Pavement Coating Company
Contract Amount: $323,817.17
Account No. 001 164 601 -54XX
Chris White f
Mayra De La
Torre
100% (8109)
100%
This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. This
project is complete, in order for the City to issue the Notice of Completion the Contractor
must submit the Maintenance Bond.
PW09 03
I
Citywide Concrete Repairs FY 2008 09
Contractor: B T Works, Inc.
Contract amount of $113,915.55
Account No. 001 -164- 601 -54xx
Chris
WhitefMayra
De La Torre
100% (9109)
90%
This project will replace concrete at various locations in the City. The project is complete.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 2 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
PW04 -05
I
Traffic Signal Interconnect Equipment Installation
Contractor: High -Light Electric, Inc.
Contract Amount: $211,878.00
Account No. 210 165 712 58xx
Chris
whitetMayra
De La Torre
0%
0%
This project will install traffic signal interconnect equipment on Margarita Road, form
Rancho California Road to Pio Pico Road. Bid were opened on July 30, 2009. Contract
was awarded at the August 25, 2009, City Council meeting. We are waiting for the
Contractor to submit bonds to schedule a pre- construction meeting.
PROJECTS BEING ADVERTISED FOR BIDS
PW06-06
1
Redhawk Park Improvements
Consultant: RJM Design Group, Inc.
Contract Amount: $164,574
Account No. 210 190 144 -58XX
Kendra
Hannah
Meistrell!
Avlin Odviar
This project will add amenities, which include ADA accessible parking, a restroom and
permanent dog park at Redhawk Community Park. Additive items include a half court
basketball court at Redhawk Park and a seatwall at Sunset Park. Authorization to
advertise for construction bids was received from the Community Services District Board
of Directors at the 6/23/09 meeting. The bid opening date is 10/13/09.
PROJECTS BEING DESIGNED BY CONSULTANTS
PW07 08
I
Re- Stripe Route 79 South to 8 lanes from Pechanga
Parkway to 1 15
Consultant: JMD
Amount: $29,210.00
Account No. 210 -165- 676 -58XX
Kendra
Hannah
Meistrell
Avlin Odviar
60% (07109)
50%
This project will provide four lanes in each direction on Temecula Parkway (formerly State
Route 79 South) from 1 15 to Pechanga Parkway. The City is working to meet Caltrans
requirements to do the striping.
PW99-
11 EM
1
Pechanga Parkway Storm Drain Improvements
Environmental Mitigation
Consultants: Community Works Design
Contract Amount: $29,840
Account No. 210 165 668 -58XX
Mayra De La
Torre
98°
98%
This project includes construction of new wetlands for the Wolf Valley Creek Channel
Improvements -Stage I. The wetlands will be created through construction of new
landscape/irrigation systems. The site is located along the north bank of Temecula Creek
(within flood plain /way areas). The environmental regulatory agencies have approved this
new mitigation area. Mylars are ready for signature. Offers for purchase of the properties
were made and City Council adopted a Resolution of Necessity to acquire the property on
11/25/08. The proposed improvements can't be implemented until the City obtain
possession of the properties. Currently, the City is communicating with various regulatory
agencies concerning an alternative mitigation strategy suggested by the State Dept of
Fish Game.
PW00 -26
1
Murrieta Creek Bridge and Overland Drive Extension
from Commerce Center to Diaz Rd
Consultant: Project Design Consultants
Contract Amount: $466,940
Account No. 210 -165- 602 -58XX
Chris White1
Mayra De La
Torre
90%
90
The project includes the extension of Overland Drive from Commerce Center Drive to Diaz
Road with a bridge over Murrieta Creek. Coordination with RCFC WCD, U.S. Army
Corps of Engineers and the state environmental regulatory agencies is required. The 95%
plans were returned to the consultant on September 29, 2009. 100% completion
p plans are p p p
due on October 22, 2009.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 3 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
PW03 -05
I
Main Street Bridge Over Murrieta Creek
(Replacement)
Consultant: Simon Wong Engineering
Contract amount: $317,719
Amendment No 1: Contract term extension
Amendment No 2: Contract term extension
Amendment No. 3: $322,305
Amendment No. 4: $24,063 (RCWD waterline)
Account No. 210 165 743 58XX
Jon Salazar!
Amer Attar
97% (8/09)
93% (Phases i
II) 97%
(Phase 3)
This project will replace the existing Main Street Bridge over Murrieta Creek. Design
consultant Simon Wong Engineering (SWE) and the City are continuing to pursue
environmental permitting and coordination issues associated with pursuing the bridge
replacement as a project separate from the Army Corps of Engineer's Murrieta Creek
Improvement project. Comments on the environmental technical reports were received
from Caltrans on 4/28/09, and are being addressed by the consultant. The draft 100%
PS &E package was received from the design consultant on 2/17/09, and staff review is
complete. Comments on draft 100% plans resubmitted to design consultant 8/31/09. An
inter- agency meeting was held on 9/16/09 to determine mitigation requirements for this
project. The outcome of this meeting was that the City will be required to mitigate for
temporary vegetation loss incurred during construction; all other mitigation will be included
in the USACOE overall Murrieta Creek flood control project. The environmental
submittal /review process will now move forward accordingly.
PW05 -11
I
Pedestrian /Bicycle Bridge Over Santa Gertrudis
Creek
Consultant: Nolte Associates
Contract Amount: $132,807
Account No. 210 165 738 58XX
Jon Salazar/
Amer Attar
99% (9 /09)
78%
This project includes the construction of an approx. 150' ped/bike bridge over Santa
Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a
NEPA document. The approved Preliminary Environmental Study (PES) form was
received from Caltrans on 12/03/08; technical reports were submitted to Caltrans on
5 /13/09. Staff comments on draft 100% plans were returned to consultant on 5/27/09.
P
Comments on environmental technical reports received from Caltrans in June, and are
being addressed by City staff and consultants. Resubmittal of environmental technical
reports to Caltrans is anticipated in October '09.
PW06 -04
I
Western Bypass Bridge Over Murrieta Creek
Consultant: TYLIN International
Contract $378,776.20
Amendment ment 2 Amt: $244,824
Account No. 210 165 660 58XX
William
Becerra/ Avlin
Odviar
70%
70%
This project involves the design, environmental clearance, and construction of a new
bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension
of Pujol Street to the new structure. Once constructed, this will serve as the southerly
connection of the Western Bypass Corridor. Design is underway. Geotechnical
investigations have been initiated and 90% Plans and Specs are being reviewed. The
Mitigated Negative Declaration was adopted. Applications to the various environmental
agencies have been submitted.
PW06 -09
I
Temecula Park and Ride (79 South)
Design Development AAE, Inc.
Contract amout $109,085
Amendment #1 $20,500
Account No. 210 165 747 -58XX
Bill McAteert
David McBride
75%
75%
This project will design and construct a park and ride facility on Temecula Parkway
(formerly 79 South) at La Paz. The 70% design drawings are being returned to AAE for
revision and resubmittal. The WQMP for this project is being reviewed and may change
the configuration of the detention basins. This project is currently on hold.
PW06 -11
I
Pechanga Pkwy Dual Right Turn Lanes from
Temecula Parkway (SR 79S)
Consultant: Cozad Fox
Contract Amount: $29,010
Account No. 210 -165- 637 -58XX
Mayra De La
Torre
100%
0%
This project included the design and construction of 2 right -turn lanes on eastbound
Temecula Pkwy to southbound Pechanga Pkwy. The Pechanga Pkwy Ph II Street
Improvements' contractor has completed this work, as a change order to their contract.
PW06 -12
I
Santiago Detention Basin
Consultant: Kimsey Horn
Contract Amount: $65,250
Account No. 210 165 666 58XX
Mayra De La
Torre
95
95%
This project included the design and construction of a 1 -acre detention basin, which is
located on the south side of Santiago Rd between Vallejo Ave Orsmby Rd. The
environmental reports have been updated and the plans are complete /signed. This project
has been de- funded in the new CIP budget and will be shelved.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 4 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
PW06 -15
I
Winchester Road State Route 79 North North
Corridor Beautification
Consultant: RBF
Agreement Amount: 179,916
Approved EWA's: 6,000
Account No. 210 165 -638
Chris White!
Amer Attar
99%
99%
This federally funded project will design and construct landscaping and irrigation
enhancements to the existing raised medians along Winchester Road between Ynez
Road and the easterly City limits. The 100% design package was submitted to Caltrans for
construction authorization. Construction authorization was just received by the City. We
are doing final final plans and specifications review to make sure they are ready for
bidding. We are requesting authorization for bidding the project from the City Council at
the 10/27/09 meeting.
PW07 04
I
French Valley Parkway Interstate 15 Over Crossing
and Interchange Improvements Phase 1 (PS &E)
Consultant: Moffatt Nichol
Amend. No. 1: 507,881.00
Amend. No. 4: 632,058.00
Amend. No. 8: $1,087,300.00
Notes:
Amend. Nos. 1, 4, 8 amend original agreement
under PW02 11.
Amendment amounts represent portion
appropriated for PW07 -04.
William
Becerra1
Avlin Odviar!
Amer Attar
60% (05110)
61%
A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over
Santa Gertrudis Creek at the Winchester southbound off -ramp are the components of
Phase 1. City continued the design work. Status is as follows:
PS &E City is preparing 95% Plans, Specifications, and Estimate.
R i ht of Wa Establishin limits of dedication.
9 Y 9
Declaration of Units Caltrans Approved Metric Exception for this phase.
Utilities Pothole of existing utilities within APE are complete.
Conceptual Landscape /Aesthetics Concept was selected, with Murrieta, Caltrans, and
IBC concurrence. Selection was incorporated into Draft Structures PS &E submittal.
Other:
Maintenance Agreement City preparing exhibit for first draft.
PW07
05CSD
II
Old Town Gymnasium
Consultant: WLC Architects
Contract Amount: $307,390.00
Account No. 210 190 186
Bill McAteer!
David McBride
10% (12109)
5%
This projects involves the design of the approximately 9,000 square foot gymnasium
adjacent the Boys Girls Club on Pujol Street. WLC is still working on design scenarios
with Boys and Girls Club Staff. The land is to be utilized as staging area for the Murrieta
Creek Improvements project and it will need to be acquired from Riverside County Flood
Control (RCFC) for the current design. The land will not be available until the Creek
project is completed. A conceptual design committee meeting was held on January 27,
2009.
PW08 -04
I I
Santa Gertrudis Creek Pedestrian/Bicycle Trail
Extension and Interconnect
Alignment Study, Design Environmental Clearance
Consultant: Hall 8, Foreman, Inc.
Contract Amount: $246,865.00
Account No. 210 165 739 58XX
Kendra
Hannah
Meistrell 1
Avlin Odviar
30% (12!09)
25%
The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis
Creek Pedestrian /Bicycle Trail at Ynez Road to the Murrieta Creek Multi- Purpose Trail at
Diaz Road. The City Council approved an agreement with Hall Foreman at the 11/25/08
meeting. The kick off meeting was held on 01/08/09. The alignment study has been
completed. Extension of time for the Bicycle Transportation Account funds was approved
on 05/01/09. The consultant is preparing 70% plans, specifications and estimate.
PW08 06
I I
Nicolas Valley Assessment District (Liefer Road)
Consultant: David Evans &Associates (DEA)
Contract Amount: $120,900.00
Account No. 210 165 502 58XX
Kendra
Hannah
Meistrell 1
Avlin oAtiar!
Amer Attar
60% (10109)
60%
This project will study assessment district feasibility and formation, including completing
the street and minor storm drain improvements on the unimproved portions of certain
streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement
for the street improvement design with David Evans and Associates at the 10/28/08 City
Council Meeting. The kick off meeting for the design of the street imp was held
g• g g p
on 12/17/08. Consultant is preparing 90% plans and estimate.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 5 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
PW09 02
I
Roripaugh Ranch Street Improvements- Phase!
Construction of Butterfield Stage Road
Consultant: David Evans Associates (DEA)
Contract Amount:
Account No. 210 -165- 723 -58XX
Mayra De La
Torre /Amer
Attar
0%
0%
Phase I includes the design construction of a portion of Murrieta Hot Springs Rd
(MHSR), Calle Chapos (CC), South Loop Rd and Butterfield Stage Rd from MHSR to
CC /So Loop Rd and making the Fire Station functional. Currently, liens and settlements
have been resolved. Staff is in the process of negotiating a design contract with David
Evans and Associates to complete the design. Staff is working on the Bid Package. The
developer will start to work on the R W acquisition and perform their MOU obligations. The
City will obtain additional contracts for all applicable consultants to proceed with the
design.
PROJECTS BEING DESIGNED BY STAFF
PW04 -07
I
Long Canyon Detention Basin Access Road
0%
NIA
Plans and specifications are 90% complete. City is seeking FEMA funds to remove
excess silt deposited within the basin before constructing the access road. Project is on
hold until FEMA determination is finalized.
PW 09 06
I
Citywide Slurry Seal Project FY 2009-2010
Slurry seal local streets within the Roripaugh Hills
Estates, Campus Verdes and Nicholas Valley Areas.
Chris
White /Mayra
De La Torre
0%
0
0%
This project will slurry seal local streets within the Roripaugh Hills Estates, Campus
Verdes and Nicholas Valley Areas. Proposition 1B funds will be used to fund this project.
The project got authorization to solicit construction bids on September 22, 2009. Project
bidding is on -hold until January, 2010 due to weather.
PROJECTS IN THE PLANNING STAGE
PW04 08
I
I -15 SR 79S Ultimate Interchange
Project Report (PR)
Consultant: RBF Consulting
Contract Amount: $325,944.00
Amendment No. 1: 98,196.00
Extra Work Auth. No. 1: 13,426.00
Extra Work Auth. No. 2: 17,732.00
(Extra Work Auth. No. 3: 18,428.00)
(Extra Work Auth. No. 4: 5,032.00)
(Extra Work Auth. No. 5: 21,240.00)
Note: EWA No. 3, 4, and 5 will be paid with unused
portion of Amend No. 1.
Avlin Odviarl
Amer Attar
0
95%
0
95 /0
This project will modify the 1 -15/ SR 79 South Interchange to accommodate projected
future traffic. City continued development of design geometries, technical studies, and
reports. Status of outstanding items are as follows:
Project Report Processing for final approval /signatures.
Supplemental Fact Sheet Approved Sep 2009.
Modified Access Report FHWA Determination of Acceptability, approved July 2007.
Final approval pending approval of the Project Report.
Geometric Approval Drawings Approved Sep 2009.
Final Environmental Document Approved June 2009.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 6 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
French valley Parkway Interstate 15 Over Crossing
and Interchange Improvements (PA ED)
This project will construct an interchange between Winchester Road Interchange and the I
-15/1 -215 split. City continued development of the Project Report and Environmental
Consultant: Moffatt Nichol
Document. Status is as follows:
Agreement Amount: $1,091,693.00
Amend. No. 1: 202,652.40*
Amend. No. 2: 21,630.00
Draft Project Report Approved June 2006.
P pp
CCO No. 1: 25,000.00
Project Report City preparing 1st draft.
CCO No. 2: 8,000.00
Draft Environmental Document Approved April 2009.
CCO No. 3: 18,008.00
New Connection Report (NCR) Letter of Acceptability received in July 2008.
CCO No. 4: 11,320.00
Traffic Operations Analysis Approved 02/05/08.
CCO No. 5: 37,645.00
Exception to 20 -yr Traffic Design Approved 12/17/07.
Amend. No. 3: 283,982.52
Stormwater Data Report Under Caltrans review.
Amend. No. 4: See 131.11107-04
Mandatory Design Exceptions roved 07/18/06.
Amend. No. 5: 169,000.00
No. 6: 110,917.00
William
A dvisor Design Exce tons Approved
Y P PP roved 07/18/06.
Amend. No. 7: 14,573.36
Becerral Avlin
Exception to Ramp Metering Policy Approved 07/05/06.
PW02 11
I
Amend. No. 8 See PW07 -04
Odviar/ Amer
90% (03/10)
80%
Geometric Approval Drawings Approved 07/18/06.
Amend. No. 9 100,000.00
Attar
Revised Geometric Approval Drawings Approved 01/11/08.
Amend No. 10 414,774.00
Storm Drain Study- Approved 03/21/08.
Notes:
Amend. No. 1 also applies to PW07 -04. See PW07
Floodplain and Scour Analysis Report Approved Oct 2008.
-04 for addl apportionment.
Final Environmental Document City preparing first draft.
Other:
Declaration of Units Request for Metric Exception denied by Caltrans.
Freeway Agreements Execution pending approval of the Project Report.
Risk Management Plan Updating as necessary.
Project Charter 1st draft is under Caltrans review.
Maintenance Agreement Preparing 1st submittal for Caltrans review.
Financial Plan Updating as necessary.
Temecula Creek Crossing Access to Highway 79
South (Temecula Parkway)
Bridge Alignment Study Avenida de Missions over
Kendra
Hannah-
The project consists of performing an alignment study to set a specific horizontal and
vertical alignment for an extension of Avenida de Missions southerly to gain vehicular
access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final
PW08 03
11
Temecula Creek
Consultant: Nolte Associates, Inc.
Meistrelll Avlin
100%
100%
engineering report is complete. Project is pending allocation of funds for design.
Contract Amount: $87,923.00
Odviar
Account No. 210 -165- 677 -58XX
PROJECTS WAITING IN THE WINGS
Multi Trails System- Margarita Road Under Crossing
Consultant: LAN Engineering
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek
under Margarita Road. Data regarding existing utilities are being incorporated into the
PW04 13
I
Contract Amount: $114,426.00
William
Becerra
100%
100%
design. RCFC has provided an Encroachment Permit. Plans Specs are complete. This
project cannot be constructed until adequate funds are identified. An application was
submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 7 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
PW06 -17
1
Auxiliary Lanes on 1 -15 in Temecula
Amer Attar
A feasibility study will be conducted to determine if auxiliary lanes can be added between
on and off -ramps on 1 -15 in Temecula to improve the freeway operation. An RFP to
conduct the study was published on the City's website on 02/14/07. Proposals were
received on 03/16/07. The City reviewed the proposals and selected a consultant. Due to
funding constraints, this project is being delayed indefinitely.
PW09 -07
1
Traffic Signal Installation Citywide
Meadows Parkway at Pauba Road and Rancho
California Road at Yukon Road
Kendra
Hannah-
Meistrell
Proposals were recieved 09/17/09 in response to RFP 167 for professional engineering
services to design and prepare construction plans, specifications, and estimate. Through
October, staff will review proposals, conduct interviews (if necessary), negotiate final
terms of an agreement, and enter an agreement with the selected consulting firm.
RIGHT OF WAY RELATED PROJECTS
PW02 -11
I
French Valley Parkway/ 1 -15 Overcrossing and
Interchange, Project Report (PR)
William
Becerral Amer
Attar
NIA
NIA
The review appraisal is complete. Caltrans has approved the appraisals. The City Council
reviewed this matter in Closed Session on June 9, 2009. Negotiations with two property
owners have begun and is on -going
CFD 03 -02
Butterfield Stage Road Roripaugh CFD
Project Description: Right -of -Way issues associated
with the construction of specific improvements (BSR,
MHSR, fire station, etc.)
Contractor: N/A; Contract: N/A
Mayra De La
Torrel Amer
Attar
Now that liens /settlements have been resolved /reached, the developer will resume to
perform their MOU commitments and obtain required RAN. The developer was directed to
first focus on the RNV issues related to properties within Ph 1 of the project. Some
property owners have contacted the City indicating that they have been contacted by the
developer to resolve the MOU obligations. City Attorney has prepared the release form the
developer must have the owners sign releasing him from all obligation. the releases are
under staff review.City will also give the developer deadlines to coincide with the project
schedule.
PW 95 -27
Diaz Realignment
Jon Salazar/
Amer Attar
Al required right -of -way documents have been recorded with the County and the City's
consultant has filed the Record of Survey with the County and it has been processed and
approved. The recorded Record of Survey was received from the consultant surveyor on
9/25/09; this project is now complete.
PW 06 -11
Pechanga Parkway, Dual Right Turn Lanes from
Temecula Parkway
Amer Attar
Purchase Sale Agreement was sent to the property owner. He did not accepted the
City's offer. City Council adopted the Resolution of Necessity at the 11/25/08 meeting. A
check was prepared for court deposit to file eminent domain lawsuit. Lawsuit was filed in
mid February. The City gained possession of the property as of June 5, 2009. Settlement
papers are in the process of being signed.
PW 99 -11
Pechanga Parkway, Mitigation Land
Amer Attar
Purchase Sale Agreement was sent to the property owner. He has not accepted the
City's offer. City Council has adopted the Resolution of Necessity at the 11/25/08 meeting.
A check was prepared for court deposit for eminent domain lawsuit. Lawsuit was filed in
mid February. The City is working on the legal documents to gain possession of the
property. The State Department of Fish Game is now involved due to impacts to
properties that has Conservation Easements on them. This will require discussions with
them and other resource agencies. The discussions with the resource agencies continue.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 8 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
Diaz Road Realignment Sale of Surplus Land
Amer Attar
Staff met with Outdoor Channel. City Council approved the counter offer. Purchase and
Sale Agreement was prepared by City and it was presented to the buyer. The agreement
has been agreed upon by the City and the buyer. A new revised agreement that include
the lot line adjustment was drafted. The City Council approved the Purchase and Sale
Agreement at the 08 -11 -09 City Council meeting. Escrow was opened for the sale of this
property. Property is still in escrow. Documents are being signed. The Lot Line Adjustment
and the Certificate of Compliance have been submitted by the consultant. They are under
staff review.
Riverside County Flood Control Parcels -Old Town
Beryl
Yasinosky/
Amer Attar
RCFC has acknowledged their approval of the Agreements /Offers for the designated
parcels currently awaiting County signatures.
PW00 -26
Murrieta Creek Bridge and Overland Drive Extension
Amer Attar
To initiate this right of way work, seven title reports were ordered on 12/2/08. Consultant is
in the process of preparing legals /plats. A proposal from an appraiser will be sought once
the plats are completed. The appraisal process will start after that.
Policy re: Site Assessments
Amer Attar
Editing Site Assessment policy
Miscellaneous Right of Way Related Items
Amer Attar
on -going
review of Caltrans procedures: working on draft of Relocation handout required by law
PW06 -04
I
Western Bypass Bridge Over Murrieta Creek
Will Becerra/
Beryl
Yasinosky/
Amer Attar
City accepted the Offer of Dedication that was not accepted by County on Parcel Map PM
8248, which was recorded on 2/15/1977. Up to Twelve legals and plats will be prepared
by the consultant. Once legals /plats are received, the City will obtain appraisals.
SPECIAL AND MISCELLANEOUS PROJECTS
CF D 03 -02
Roripaugh Ranch CFD
Annie Bostre-
Le/ Amer Attar
N/A
Staff reviewed the submitted Reimbursement Request for the two bridges. Comments
were provided to Ashby USA representatives. Meetings were held with the developer
seeking these reimbursements to finalize the numbers. The City Attorney was provided
the information. All outstanding liens have been paid. Developer is working on meeting his
MOU requirements so monies withheld can be released.
CFD 01 -02
Harveston CFD
Amer Attar
N/A
No activities during the last period
CFD 03 -06
Harveston CFD
Amer Attar
N/A
N/A
No activities during the last period.
CFD 03 -01
Crown Hill CFD
Amer Attar
N/A
N/A
During the last period, the developer submitted reimbursement request for the retention.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 9 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
CFD 03 03
Wolf Creek CFD
Amer Attar
NIA
NIA
Met with Tony Louka, Caltrans Environmental Engineering, Adam Smith, Standard Pacific,
along with Matt Peters (city Planner) and Steve Beswick (Pechanga Parkway Project
Manager). The meeting was to review the walls along the Wolf Creek Development.
Standard Pacific is to raise them to 8'. To satisfy the Federal requirements, Caltrans will
need a letter from the City for some of the open area that provide access from the trail to
the development. Standard Pacific is to survey adjacent property owners to see if they are
OK with the openings or if they want these openings closed. The City's letter would notify
Caltrans with the results and what action the City would take based on these results.
A letter from the City to Standard Pacific detailing the wall requirements was sent on
01/06/09.
Standard Pacific is in the process of obtaining the required waivers. They have obtained
23 waivers as of 08/30/09. The City is in the process of recording the soundwall waivers it
received. In addition, they started raising the walls the week of 07/06/09. Work on raising
the walls continues.
CFD 02 08
Serena Hills CFD
Amer Attar
NIA
NIA
No activities during the last period.
Various
1
Quarterly Review- Tracking, preparing, and
processing Federal, State and TUMF Funds
Reimbursements
Julie Dauer
On -going
NIA
Various Projects.
Various
1
Contract Administration
Julie Dauer
On going
NIA
On going review of CIP project contracts, amendments, extra work authorizations
change orders and maintaining budget accounts. Providing assistance to staff in
processing invoices for all CIP division projects.
PW01 -27
I
Murrieta Creek Multi Purpose Trail
Julie Dauer
NIA
NIA
Project is complete and balance of federal funding to be requested for reimbursement and
submitted along with 'Final Report of Expenditures' for project closeout.
PW06 10
1
Surface Transportation Program (STP) De Portola
Road Pavement Rehabilitation
Julie Dauer
NIA
NIA
Federal funding reimbursement requests will be submitted to Caltrans as project
progresses. $458,990 STP funds
PW03 05
I
Highway Bridge Replacement Rehabilitation
Program (HBRR) Main Street Bridge
Julie Dauer
NIA
NIA
Total HBRR funds $4,337,970.
PW05 -11
I
SR2S- Safe Routes to School Program Ped/Bicycle
Bridge over Santa Gertrudis Creek to Chaparral Hig
Julie Dauer
NIA
NIA
Awaiting approval of environmental document from Caltrans. SR2S funding has been
awarded in the amount of $425,520. In addition to SR2S funding we have been awarded
$132,000 in SB821 funding.
Various
1
Transportation Uniform Mitigation Fee (TUMF)
Julie Dauer
NIA
NIA
TUMF reimbursement requests prepared quarterly for submittal to WRCOG RCTC.
PW06 -15
I
TE Transportation Enhancement
Winchester Road/State Route 79 North Corridor
Beautification Projec
Julie Dauer
NIA
NIA
Received approval of our 'Request for Allocation' through the CTC and have submitted our
RFA package to Caltrans for 'Authorization to Proceed with Construction'. Total funds
awarded per TE Funding adjustments $1,646,000.
PW99 11
(Phase 11)
Pechanga Parkway Phase II Street Improvements
Public Land Highways Funded
Julie Dauer
NIA
NIA
Project is essentially complete and upon payment of retention to contractor will process
'Final Report of Expenditures' and final invoice for reimbursement to Caltrans. Total PLH
funding is $4,000,000.
Various
I
Bond Releases
Julie Dauer
NIA
NIA
Continued review of CIP project bonds scheduled for release.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 10 OF 11
10/14/2009
PROJECT
NO
PRIORITY
PROJECT NAME, DESCRIPTION,
CONTRACTOR CONTRACT $'s
PROJECT
ENGINEER
TIME
COMPLETE
(Est. comp./
bid date)
CONTRACT
PAID
CURRENT STATUS PROGRESS
PW08 -04
I
2006/07 Bicycle Transportation Account
BTA Funds
Santa Gertrudis Creek Bicycle Trail Extension and
Interconnect
Julie Dauer
NIA
NIA
Cooperative Work Agreement (CWA) has been approved by Caltrans, BTA division. The
CWA will extend the terms of the original agreement to allow for the continuation of project
design. 2006/07 BTA funds approved for the planning preliminary engineering and total
award of $395,000.
Standardize the format of the Specifications for all
projects
David McBride
On
NIA
Specifications library is continuously being updated and amended. The boiler -plate section
is also being reviewed and updated. Federal Specifications were updated and
standardized for De- Portola and Rancho California Road. All specifications were updated
to 2009. Federal specifications were updated to new DBE regulations.
I
Circulation Element Implement Plan
Amer Attar
N/A
NIA
This Project is to identify all future projects necessary so that the current Circulation
Element of the General Plan is fully implemented. Data entry into the database is
complete. The tasks of field verification, cost estimates preparation, and aerial mapping
have all been completed. The information gathering and the reporting stage of this
project is complete. CIP staff will work with GIS to automate the availability and the update
of the information.
Update Plans to Reflect As -Built Conditions for All
Recent Projects
on
On g g
N/A
City receives blue prints from many contractors marked with As -Built conditions for various
projects. Some of these As -Built conditions have never been transferred to the project
mylars. As -Built plans will be created for all recent projects, if it was not done at the time of
submission.
Various
I
Consultant Selection
Julie Dauer
On going
N/A
Information is now available on the City's web -site on how to be placed on the consultant
(vendor) list and data stored in this manner will be source for future RFP's RFQ's for
upcoming projects.
PW06 -14
I
Pavement Rehabilitation Rancho California Road
(STPL)
Pavement Rehabilitation of Rancho California Road
from Ynez Road to Butterfield Stage Road
Julie Dauer
NIA
N/A
Project is currently in construction and preparation of reimbursement invoices will be
prepared for submittal to Caltrans as project progresses. STPL funding of $2,958,000.
TBD
I
Citywide Traffic Light Synchronization System
Purchase, install implement an adaptive traffic
signal synchronization system along six corridors
within the City.
Julie Dauer
NIA
NIA
City has been awarded $515,000 in Traffic Light Synchronization Program (TLSP) funding
(Prop 1 B). Our request for Allocation has been submitted to the California Transportation
Commission (CTC) for placement on their agenda for November 12, 2009 meeting. State
to sell additional bonds to meet allocation requests.
CITY OF TEMECULA
CAPITAL IMPROVEMENTS PROJECTS MONTHLY WORK PROGRESS SHEET
PAGE 11 OF 11
10/14/2009
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
September October 2009
PROJECTS UNDER CONSTRUCTION
Prepared by: Amer Attar
Submitted by: Greg Butler
Date: 10/27/2009
Roripaugh Ranch Fire Station
The majority of work was completed by April of 2006. The remaining work will be completed when the
mainline utilities are installed, which the City is undertaking estimated start in March of 2010. A fire
engine /truck venting system (requested /added on 2/06) will be installed when the Contractor re-
mobilizes, this cost is also included in the approved change order total.
City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) Rough Grading
This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway.
All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in
December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting.
Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is
developed.
Old Town Infrastructure Project -Town Square and Mercedes Main Street
This project involves construction of the Town Square and street improvements on Mercedes Main
Streets. The project was awarded on March 18, 2008. All storm drain, sewer, and water improvements
are complete and all the roadways are paved. Work near completion in the Town Square and the
Fountain is fully functional. Various specialty items and added work may extend the completion date
through December 2009.
Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits
Pechanga Rd.
This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The
contractor has essentially completed the improvements including the "dual right turn lanes" work. The
remaining work includes extra work and punch list items. The project is substantially complete, as of
August 2009.
Old Town Infrastructure Projects
Parking Structure Office /Retail Frontage
This project includes the site grading and retaining walls for the Civic Center the Parking Structure site
as well as construction of a parking structure, including office frontage shell space. Construction of
elevated slabs is complete. B occupancy structure erection and interior parking structure improvements
are ongoing as well as construciton of the exterior facade.
1
Ronald Reagan Sports Park Channel Silt Removal Desiltation Pond
This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution
Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of
RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration
Agreement, and Nationwide Permits have been acquired. Bids were opened on 08/26/08 and will be
awarded pending confirmation of FEMA reimbursement funding.
Old Town Civic Center
This project will construct the Old Town Civic Center. City Council awarded the contract to Edge
Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on structural steel
erection, metal decks, steel stud framing, and mechnical, eletrical and plumbing installation.
Temecula Community Center Expansion
Work began on January 13, 2009. The building is complete SAFE has moved in. Exterior punchlist is
pending. The Escallier house and barn have been fumigated for termites. Dry rot termite infested wood
has been removed and replaced. Staff has reviewed 100% Plans and edits are required. Resubmittal is
expected in 1 month.
De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita)
This project involves rehabilitating De Portola Rd pavement from Jedediah Smith to Margarita Rd. This
is a federally funded project. Construction began the week of 3/16/09. A dispute arose between the City
and contractor over the accuracy of the contract plans, resulting in suspension of work. Dispute was
resolved effective 8/27/09; work resumed on the project 9/1/09. Cap paving work was completed on
9/11/09; AC berm installation and striping work was completed the week of 9/14/09. With the exception
of the installation of the cap paving course on the north side (westbound lane), which has been left off in
coordination with a Rancho California Water District project, all contract work is complete. Cap paving of
the north side roadway scheduled for10/23/09.
Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) STPL Project
This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east.
Construction began on June 3, 2009 and is anticipated to be completed by the end of December 2009.
The contractor is working between Margarita Road and Meadows Parkway. Work in this area is
expected to be completed by the end of November.
Traffic Signal Installation Citywide, Butterfield Stage Rd at Welton Way Channel St
This project installed a new traffic signal on Butterfield Stage Road at Welton Way Channel Street. The
signal has been turned on and work is complete.
Traffic Signal Installation Citywide, Meadows Pkwy at McCabe Dr
This project installed a new traffic signal on Meadows Parkway at McCabe Drive. The signal has been
turned on and work is complete.
Citywide Slurry Seal Project FY08 -09
2
This project will slurry seal local streets within Paloma Del Sol and Temeku Hills. This project is
complete, in order for the City to issue the Notice of Completion the Contractor must submit the
Maintenance Bond.
Citywide Concrete Repairs FY 2008 -09
This project will replace concrete at various locations in the City. The project is complete.
Traffic Signal Interconnect Equipment Installation
This project will install traffic signal interconnect equipment on Margarita Road, form Rancho California
Road to Pio Pico Road. Bid were opened on July 30, 2009. Contract was awarded at the August 25,
2009, City Council meeting. We are waiting for the Contractor to submit bonds to schedule a pre
construction meeting.
3
PROJECTS BEING ADVERTISED FOR BIDS
Redhawk Park Improvements
This project will add amenities, which include ADA accessible parking, a restroom and permanent dog
park at Redhawk Community Park. Additive items include a half court basketball court at Redhawk Park
and a seatwall at Sunset Park. Authorization to advertise for construction bids was received from the
Community Services District Board of Directors at the 6/23/09 meeting. The bid opening date is
10/13/09.
4
PROJECTS IN DESIGN
Re- Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1 -15
This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79
South) from 1 -15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the
striping.
Pechanga Parkway Storm Drain Improvements Environmental Mitigation
This project includes the construction of new wetlands for the Wolf Valley Creek Channel Improvements
Stage 1. The wetlands will be created through the construction of new landscape irrigation systems.
The site is located along the north bank of Temecula Creek (within flood plain/way areas). The
environmental regulatory agencies have approved this new mitigation area. Mylars are ready for
signature. Offers for purchase of the properties were made. The City Council adopted a Resolution of
Necessity to acquire the property on 11/25/08. The proposed improvements cannot be implemented until
the City obtain possession of the properties. Currently, the City is communicating with the various
regulatory agencies concerning an alternative mitigation strategy suggested by the State Department of
Fish Game.
Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd
The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a
bridge over Murrieta Creek. Coordination with RCFC WCD, U.S. Army Corps of Engineers and the
state environmental regulatory agencies is required. The 95% plans were returned to the consultant on
September 29, 2009. 100% completion plans are due on October 22, 2009.
Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon
Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and
coordination issues associated with pursuing the bridge replacement as a project separate from the
Army Corps of Engineer's Murrieta Creek Improvement project. Comments on the environmental
technical reports were received from Caltrans on 4/28/09, and are being addressed by the consultant.
The draft 100% PS &E package was received from the design consultant on 2/17/09, and staff review is
complete. Comments on draft 100% plans resubmitted to design consultant 8/31/09. An inter agency
meeting was held on 9/16/09 to determine mitigation requirements for this project. The outcome of this
meeting was that the City will be required to mitigate for temporary vegetation loss incurred during
construction; all other mitigation will be included in the USACOE overall Murrieta Creek flood control
project. The environmental submittal /review process will now move forward accordingly.
Pedestrian /Bicycle Bridge Over Santa Gertrudis Creek
This project includes the construction of an approx. 150' ped /bike bridge over Santa Gertrudis Creek
near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. The
approved Preliminary Environmental Study (PES) form was received from Caltrans on 12/03/08;
technical reports were submitted to Caltrans on 5/13/09. Staff comments on draft 100% plans were
returned to consultant on 5/27/09. Comments on environmental technical reports received from Caltrans
in June, and are being addressed by City staff and consultants. Resubmittal of environmental technical
reports to Caltrans is anticipated in October '09.
Western Bypass Bridge Over Murrieta Creek
5
This project involves the design, environmental clearance, and construction of a new bridge over
Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new
structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor.
Design is underway. Geotechnical investigations have been initiated and 90% Plans and Specs are
being reviewed. The Mitigated Negative Declaration was adopted. Applications to the various
environmental agencies have been submitted.
Temecula Park and Ride (79 South)
This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South)
at La Paz. The 70% design drawings are being returned to AAE for revision and resubmittal. The WQMP
for this project is being reviewed and may change the configuration of the detention basins. This project
is currently on hold.
Pechanga Pkwy -Dual Right Turn Lanes from
Temecula Parkway (SR 79S)
This project included the design and construction of 2 right -turn lanes on eastbound Temecula Pkwy to
southbound Pechanga Pkwy. The Pechanga Pkwy Ph II Street Improvements' contractor has completed
this work, as a change order to their contract.
Santiago Detention Basin
This project included the design and construction of a 1 -acre detention basin, which is located on the
south side of Santiago Rd between Vallejo Ave Orsmby Rd. The environmental reports have been
updated and the plans are complete /signed. This project has been de- funded in the new CIP budget and
will be shelved.
Winchester Road State Route 79 North North Corridor Beautification
This federally funded project will design and construct landscaping and irrigation enhancements to the
existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The
100% design package was submitted to Caltrans for construction authorization. Construction
authorization was just received by the City. We are doing final final plans and specifications review to
make sure they are ready for bidding. We are requesting authorization for bidding the project from the
City Council at the 10/27/09 meeting.
French Valley Parkway Interstate 15 Over Crossing and Interchange Improvements Phase 1
(PS &E)
A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis
Creek at the Winchester southbound off -ramp are the components of Phase 1. City continued the design
work. Status is as follows:
PS &E City is preparing 95% Plans, Specifications, and Estimate.
Right of Way Establishing limits of dedication.
Declaration of Units Caltrans Approved Metric Exception for this phase.
Utilities Pothole of existing utilities within APE are complete.
Conceptual Landscape /Aesthetics Concept was selected, with Murrieta, Caltrans, and IBC
concurrence. Selection was incorporated into Draft Structures PS &E submittal.
Other:
Maintenance Agreement City preparing exhibit for first draft.
6
Old Town Gymnasium
This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys
Girls Club on Pujol Street. WLC is still working on design scenarios with Boys and Girls Club Staff. The
land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be
acquired from Riverside County Flood Control (RCFC) for the current design. The land will not be
available until the Creek project is completed. A conceptual design committee meeting was held on
January 27, 2009.
Long Canyon Detention Basin Access Road
Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited
within the basin before constructing the access road. Project is on hold until FEMA determination is
finalized.
Santa Gertrudis Creek Pedestrian /Bicycle Trail Extension and Interconnect
The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek
Pedestrian /Bicycle Trail at Ynez Road to the Murrieta Creek Multi- Purpose Trail at Diaz Road. The City
Council approved an agreement with Hall Foreman at the 11/25/08 meeting. The kick off meeting was
held on 01/08/09. The alignment study has been completed. Extension of time for the Bicycle
Transportation Account funds was approved on 05/01/09. The consultant is preparing 70% plans,
specifications and estimate.
Nicolas Valley Assessment District (Liefer Road)
This project will study assessment district feasibility and formation, including completing the street and
minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley
(Liefer Road) area. The City Council approved an agreement for the street improvement design with
David Evans and Associates at the 10/28/08 City Council Meeting. The kick off meeting for the design of
the street improvements was held on 12/17/08. Consultant is preparing 90% plans and estimate.
Roripaugh Ranch Street Improvements Phase I
Phase I includes the design construction of a portion of Murrieta Hot Springs Rd (MHSR), Calle
Chapos (CC), South Loop Rd and Butterfield Stage Rd from MHSR to CC /So Loop Rd and making the
Fire Station functional. Currently, liens and settlements have been resolved. Staff is in the process of
negotiating a design contract with David Evans and Associates to complete the design. Staff is working
on the Bid Package. The developer will start to work on the R/W acquisition and perform their MOU
obligations. The City will obtain additional contracts for all applicable consultants to proceed with the
design.
Citywide Slurry Seal Project FY 2009 -2010
This project will slurry seal local streets within the Roripaugh Hills Estates, Campus Verdes and Nicholas
Valley Areas. Proposition 1B funds will be used to fund this project. The project got authorization to
solicit construction bids on September 22, 2009. Project bidding is on -hold until January, 2010 due to
weather.
PROJECTS IN THE PLANNING STAGE
1 -15 SR 79S Ultimate Interchange
This project will modify the 1 -15/ SR 79 South Interchange to accommodate projected future traffic. City
continued development of design geometrics, technical studies, and reports. Status of outstanding items
are as follows:
Project Report Processing for final approval /signatures.
Supplemental Fact Sheet Approved Sep 2009.
Modified Access Report FHWA Determination of Acceptability, approved July 2007. Final approval
pending approval of the Project Report.
Geometric Approval Drawings Approved Sep 2009.
Final Environmental Document Approved June 2009.
French Valley Parkway Interstate 15 Over Crossing and Interchange Improvements (PA ED)
This project will construct an interchange between Winchester Road Interchange and the 1 -15/1 -215 split.
City continued development of the Project Report and Environmental Document. Status is as follows:
Draft Project Report Approved June 2006.
Project Report City preparing 1st draft.
Draft Environmental Document Approved April 2009.
New Connection Report (NCR) Letter of Acceptability received in July 2008.
Traffic Operations Analysis Approved 02/05/08.
Exception to 20 -yr Traffic Design Approved 12/17/07.
Stormwater Data Report Under Caltrans review.
Mandatory Design Exceptions Approved 07/18/06.
Advisory Design Exceptions Approved 07/18/06.
Exception to Ramp Metering Policy Approved 07/05/06.
Geometric Approval Drawings Approved 07/18/06.
Revised Geometric Approval Drawings Approved 01/11/08.
Storm Drain Study Approved 03/21/08.
Floodplain and Scour Analysis Report Approved Oct 2008.
Final Environmental Document City preparing first draft.
Other:
Declaration of Units Request for Metric Exception denied by Caltrans.
Freeway Agreements Execution pending approval of the Project Report.
Risk Management Plan Updating as necessary.
Project Charter 1st draft is under Caltrans review.
Maintenance Agreement Preparing 1st submittal for Caltrans review.
Financial Plan Updating as necessary.
Temecula Creek Crossing Access to Highway 79 South (Temecula Parkway)
The project consists of performing an alignment study to set a specific horizontal and vertical alignment
for an extension of Avenida de Missions southerly to gain vehicular access to Loma Linda Road,
including a bridge crossing over Temecula Creek. Final engineering report is complete. Project is
pending allocation of funds for design.
8