HomeMy WebLinkAbout051005 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MAY 10, 2005 - 7:00 P.M.
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 P.M. - Closed Session of the City Council pursuant to Government Code
Sections:
1. Conference with City Attorney .andlegalcounselpursuant to Government
Code Section 54957.6with respect toJabornegotiations. The negotiating
parties are the City of Temecula and California. Teamsters Local 9t1.City
negotiators are Shawn Nelson, Jim O'Grady, and Grant Yates.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: No. 2005-05
Resolution: No. 2005-49
CALL TO ORDER:
Mayor Jeff Comerchero
Prelude Music:
The Fine Arts Network
Invocation:
Pastor John Wells, Sr. of Mountain View Community Church of
Temecula
Flag Salute:
Councilman Naggar
ROLL CALL:
Edwards, Naggar, Roberts, Washington, Comerchero
PRESENT A TIONS/PROCLAMA TIONS
Friends of the Temecula Public Library Presentation to the City Council
Maraarita Middle School Presentation
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Police Actiyities Leaaue (PAl) Presentation
Certificate of Achieyement to Linda's Ivy Nest Cottaae
Buildina and Safety Week Proclamation
Public Works Week Proclamation
PUBLIC COMMENTS
A total of 30 minutes is proyided 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 fiye (5) minute time limit for indiyidual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be deyoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waiye the reading of the text of all ordinances and resolutions included in
the agenda.
2 Resolution approyina List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
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3 Minutes
RECOMMENDATION:
3.1 Approye the minutes of April 12, 2005.
4 City Treasurer's Report
RECOMMENDATION:
4.1 Receiye and file the City Treasurer's Report as of March 31, 2005.
5 Contract for Audit Seryices for the Fiscal Years Ended June 30. 2005. 2006. and 2007
RECOMMENDATION:
5.1 Appoint Diehl, Eyans & Company to continue to serye as the City's auditors for the
Fiscal Years ended June 30, 2005, 2006, and 2007.
6 Cooperation Aareement for Community Deyelopment Block Grant (CDBG) Funds for
Fiscal Years 2006-2009
RECOMMENDATION:
6.1 Authorize the City Manager to execute the Cooperation Agreement for Community
Deyelopment Block Grant Funds for Fiscal Years 2006-2009.
7 Purchase of Police Motorcycles
RECOMMENDATION:
7.1 Approye the purchase of two 2005 Harley-Dayidson FLHPI Road King Police
Motorcycles from Quaid Harley-DaYidson for a total amount of $18,372.40.
8 Additional Authorization to a Professional Services Aareement with Vanir Construction
Manaaement, Inc. for Construction Manaaement, Material Testina. and Special
Inspections for the Old Town Temecula Community Theater - Proiect No. PW02-23
RECOMMENDATION:
8.1 Approye Amendment No. 2 for additional professional construction management
services with Vanir Construction Management, Inc. in the amount of $35,240;
8.2 Authorize the City Manager to approye a contingency not to exceed $15,000.
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9 Approyal of Joint Access Aareement between the City and Michael Butler associated with
the Old Town Temecula Community Theater Proiect No. PW02-23
RECOMMENDATION:
9.1 Approye a Joint Access Agreement between the City of Temecula and Michael
Butler - Grass Valley Associates, and authorize the Mayor to execute the
amendment.
10 Approyal of the Plans and Specifications and authorization to solicit Construction Bids for
the Slurry Seal Proiect - FY 2004/2005 - Proiect No. PW04-16
RECOMMENDATION:
10.1 Approye the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Slurry Seal Project - FY 2004/2005 - Project No.
PW04-16.
11 Approyal of Plans and Specifications and authorization to solicit Construction Bids for
Fiscal Year 2005-2006 Street Stripina Proaram - Proiect No. PW05-02
RECOMMENDATION:
11.1 Approye the plans and specifications, and authorize the Department f Public Works
to solicit construction bids for Fiscal Year 2005-2006 Street Striping Program -
Project No. PW05-02.
12 Approyal of Plans and Specifications and authorization to solicit Construction Bids for the
Fiscal Year 2004-2005 Citywide PCC Repairs - Proiect No. PW05-03
RECOMMENDATION:
12.1 Approye the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Fiscal Year 2004-2005 citywide Concrete Repair
Project - Project No. PW05-03.
13 Approyal of Contract Chanae Order No. 10 for the Mercantile Buildina Renoyation and
Proiect Fundina for the Old Town Temecula Community Theater, Proiect No. 02-23
RECOMMENDATION:
13.1 Approye an increase in contingency funds of $940,000.00, which is equal to 13.1 %
of the base contract amount, and authorize the City Manager to approye change
orders not to exceed the total contingency amount of $1,656,800.00 which
represents 23.1 % of the base contract amount;
13.2 Approye Contract Change Order No. 10 for the Old town Temecula Community
Theater, Project No. PW02-23 to Toyey/Schultz Construction, Inc. in the amount of
$566,860.00 and authorize the City Manager to execute the Change Order from the
contingency amount authorized;
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13.3 Approye the transfer of $1,200,000 of Capital Project Reseryes from the
Maintenance Facility/Field Operations Center to the Old Town Temecula
Community Theater.
14 Bus Bench Uparades - Proiect No. PW02-17 - Award of Construction Contract
RECOMMENDATION:
14.1 Award a construction contract for the Bus Bench Upgrades - Project No. PW02-17
- to Sutherlin Contracting, Inc. in the amount of $221,780 and authorize the Mayor
to execute the contract;
14.2 Authorize the City Manager to approye change orders not to exceed the
contingency amount of $22,178 which is equal to 10% of the contract amount;
14.3 Approye a transfer in the amount of $36,500 of Capital Project Reseryes from the
Main Street Bridge oyer Murrieta Creek (Replacement) to the Bus Bench Upgrade
Project.
15 Annual Purchase Aareement for FY2004-2005 and FY2005-2006 for the purchase of Hot
Mix Asphalt and SS1 H Emulsion Tack for Street and Pot Hole Repairs
RECOMMENDATION:
15.1 Approye a purchase agreement with CalMat (dba Vulcan Materials Company) for
the purchase of Hot Mix Asphalt and SS1H Emulsion Tack for street and pot hole
repairs in an amount of $50,000 for the remaining Fiscal Year 2004-2005;
15.2 Approye the purchase agreement with CalMat (dba Vulcan Materials Company) for
the purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pot hole
repairs in the amount of $50,000 for fiscal year 2005-2006.
16 Resolution of Support for the relocation of Southern California Office of Homeland
Security at the Ben Clark Traininq Center
(At the request of Councilwoman Edwards)
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING A U.S. HOMELAND SECURITY
ADMINISTRATION STATIONED AT THE RIVERSIDE COUNTY
SHERIFF'S DEPARTMENT BEN CLARK TRAINING CENTER
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17 Consideration of Amendment to the Aareement. dated December 9.2003, with Shute,
Mihaly & Weinberaer LLP. for leaal services reaardina Valley-Rainbow Line
RECOMMENDATION:
17.1 Authorize the City Manager to approye and amendment to the City's Agreement
with Shute, Mihaly & Weinberger LLP to increase the City of Temecula's share of
funding for legal services by $16,000.
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
********************
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Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD 2005-12
CALL TO ORDER: President Chuck Washington
ROLL CALL:
DIRECTORS:
Comerchero, Edwards, Naggar, Roberts, Washington
PUBLIC COMMENTS
A total of 15 minutes is proyided 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 fiye (5) minute time limit
for indiyidual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approye the minutes of April 26, 2005.
2 Completion and Acceptance of Pablo Apis Park Add Amenities - Proiect No. PW02-02
RECOMMENDATION:
2.1 Accept the Pablo Apis Park Add Amenities - Project No. PW02-02 - as complete;
2.2 File a Notice of Completion, release the Performance Bond, and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract;
2.3 Release the Materials and Labor Bond seyen (7) months after filing of the Notice of
Completion.
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3 Ratification of Election Results - Roripauch Ranch Specific Plan
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF TEMECULA COMMUNITY SERVICES DISTRICT,
RECITING THE FACT OF THE SPECIAL TEMECULA
COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT
ELECTION HELD ON MARCH 29, 2005 DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY
LAW
4 Ratification of Election Results - Tract Map No. 29133
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 05 -
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF TEMECULA COMMUNITY SERVICES DISTRICT
RECITING THE FACT OF THE SPECIAL TEMECULA
COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT
ELECTION HELD ON MAY 3, 2005, DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY
LAW
5 Ratification of Election Results - Tract Map No. 25004
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 05 -
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF TEMECULA COMMUNITY SERVICES DISTRICT
RECITING THE FACT OF THE SPECIAL TEMECULA
COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT
ELECTION HELD ON MAY 3, 2005, DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY
LAW
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
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ADJOURNMENT
Next regular meeting: Tuesday, May 24, 2005, 7:00 PM, City Council Chambers, 43200 Business
Park Driye, Temecula, California.
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Next in Order:
Ordinance: No. RDA 2005-01
Resolution: No. RDA 2005-02
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS: Comerchero, Edwards, Naggar, Washington,
Roberts
PUBLIC COMMENTS
A total of 15 minutes is proYided so members of the public may address the
Redeyelopment 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 fiye (5) minute time limit
for indiyidual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approye the minutes of April 26, 2005.
RECONVENE CITY COUNCIL TO A JOINT CITY COUNCIUREDEVELOPMENT AGENCY
PUBLIC HEARING
Any person may submit written comments to the City Council/Redevelopment Agency
before a public hearing or may appear and be heard in support of or in opposition to the
approval of the project(s) at the time of the hearing. If you challenge any of the project(s)
in court, you may be limited to raising only those issues you or someone else raised at
the public hearing or in written correspondence delivered to the City Clerk at, or prior to,
the public hearing.
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2 Owner Participation Aareement for Dalton II Mixed Use Affordable Housina Proiect
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AN OWNER PARTICIPATION
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA AND D'ALTO PARTNERS LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
2.2 That the Temecula Redeyelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 05-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING AN OWNER
PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND D'ALTO PARTNERS LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
2.3 That the Temecula Redeyelopment Agency appropriate $2,060,000 frorn the
Affordable Housing Fund Balance.
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, May 24, 2005, City Council Chambers, 43200 Business Park Driye,
Temecula, California.
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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.
18 Supplemental Alcoholic Beyeraae Sale Reauirements (PA04-0594)
RECOMMENDATION:
18.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34
OF THE TEMECULA MUNICIPAL CODE TO REGULATE
LIQUOR STORES AND SIMILAR USES AND TO FURTHER
CLARIFY OTHER REQUIREMENTS FOR BUSINESSES
SELLING ALCOHOLIC BEVERAGES (PLANNING
APPLICATION NO. 04-0594)
COUNCIL BUSINESS
19 Traffic Sianal System and Operation Improyements - Winchester Road and State Route
79 South
RECOMMENDATION:
19.1 Receiye and file the report and proyide recommendations as necessary.
20 Appointment of Drua/Gana Task Force
(At the request of Councilmembers Naggar and Washington)
RECOMMENDATION:
20.1 Appoint two members of the City Council to a Drug/Gang Task Force.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, May 24, 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Driye, Temecula, California.
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12
PROCLAMA TIONS
AND
PRESENTATIONS
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ITEM 1
ITEM 2
RESOLUTION NO. 05-_
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 RESOLVE, DETERMINE AND
ORDER 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, haye been audited by the City Manager, and that the sarne are hereby
allowed in the amount of$2,732,634.75.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 10th day of May, 2005.
Jeff Comerchero, Mayor
A nEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos 2005/Resos 05-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 05-_ was duly adopted at a meeting of the City Council of the City of
Temecula on the 10th day of May, 2005 by the following roll call yote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R/Resos 2005/Resos 05-
2
I
I
I
CITY OF TEMECULA
LIST OF DEMANDS
04121/05 TOTAL CHECK RUN:
04/28/05 TOTAL CHECK RUN:
TOTAL LIST OF DEMANDS FOR 05/10/0S COUNCIL MEETING:
04/21/05 TOTAL PAYROLL RUN:
DISBURSEMENTS SY FUND:
CHECKS:
001
120
165
190
192
193
194
196
210
280
300
320
330
340
001
165
190
192
193
194
280
300
320
330
340
GENERAL FUND
DEVELOPMENT IMPACT FUND
RDA DEV-LOW/MOO SET ASIDE
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL "S" STREET LIGHTS
TCSO SERVICE LEVEL "C" LANOSCAPE/SLOPE
TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
TCSD SERVICE LEVEL L LAKE PARK MAINT
CAPiTAL IMPROV PROJECT FUND
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
GENERAL FUND
RDA DEV-LOW/MOD SET ASIDE
TEMECULA COMMUNiTY SERYiCES DISTRICT
TCSD SERVICE LEVEL "B" STREET LIGHTS
TCSD SERVICE LEVEL "C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL "0" REFUSE/RECYCLING
REDEVELOPMENT AGENCY. CIP PROJECT
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TOTAL BY FUND:
PREPARED BY RETA WESTON. ACCOUNTING SPECIALIST
I /4iU ,.eU
, "~,'" , ""iil: ",m"
SHAWN NELSON. CITY MANAGER
$
1,472,106.11
1,754.37
17,428.49
142,292.24
37.834.07
13,683.31
921.18
70.00
607,774.02
21.722.98
709.58
40.338.91
7.496.82
8,582.05
$
1 ,003,997.20
250,598.02
5,452.74
62,767.69
110.54
5,033.66
718.29
2.329.75
1.133.18
21.502.98
3.287.88
6.985.89
1,368.716.93
359,920.62
$
2,732,634.75
$ 2.372.714.13
359,920.62
$
2,732.634.75
. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
apChkLst
04/21/2005
3:42:33PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
488 04/21/2005 000444 INSTATAX (EDD)
489 04/21/2005 000283 INSTATAX (IRS)
490 04/21/2005 001065 NATIONWIDE RETIREMENT
491 04/21/2005 000246 PE:~~ LEM.!'L,<?YEES'
492 04/21/2005 000389 U S_C M WE:~TJ9.!l~).._._
98993 04/19/2005 007999 S F M CONSTRUCTORS iNC
Final Check List
CITY OF TEMECULA
Description
Amount Paid
Page: 1
Check Total
State Disability Ins Payment
16.833.33
Federal Income Taxes Payment
Nationwide Retirement Payment
PERS ER Paid Member CantT Payment
OBRA - Project Retirement Payment
clo #2 pmt Veterans Memorial Prjl
98994 04/21/2005 008517 AMERICAN CLASSIC SANITATION Fence installation @ Main SI Bridge
98995 04/21/2005 004240 AMERICAN FORENSIC NURSES
98996 04/21/2005 002187 ANIMAL FRIENOS OF THE
98997 04/21/2005 000101 APPLE ONE INC
98998 04/21/2005 004546 AUNT KIZZVZ BOYZ
98999 04/21/2005 008717 BAKER, SCOTT
99000 04/21/2005 003215 BARCLAYS LAW PUBLiSHERS
99001 04/21/2005 003466 BASKET & BALLOONS TOO!
Mar DUI Drug & Alcohol Screening
Mar 05 Animal control services
Temp help PPE 4/2 Smnh
Temp help PPE 3/19 Gardner
Performer:painted parasol musical event
Performer:painted parasol musical event
Book:Title 19 Initial Code:Fire
Promotional gift basket: Econ Dev
99002 04/21/2005 002541 BECKER CONSTRUCTION SRVS R&D Via Montezuma RR flat car crossing
Heavy rains repairs:Var.Locations
99003 04/21/2005 004778 BERRYMAN & HENIGAR tNC Mar temp B&S inspector:Grance
99004 04/21/2005 008741 BORCHARD-TEMECULA LLC
99005 04/21/2005 003138 CAL MAT
Refund:Pennit fees ovrpmt:30589 Hwy 798
PW patch truck materials
PW patch truck materials
16.833.33
65,509.32
16,740.08
95.824.98
2,354.48
10,000.00
245.00
195.00
8.750.00
594.00
317.25
1.500.00
750.00
67.17
54.00
3.332.10
2.926.40
14,325.00
5.00
107.04
71.84
65.509.32
16.740.08
95,824.98
2,354.48
10.000.00
245.00
195.00
8,750.00
911.25
1,500.00
750.00
67.17
54.00
6,258.50
14,325.00
5.00
178.88
Page:1
apChkLsI
04121/2005
3:42:33PM
Final Check List
CITY OF TEMECULA
Page: 2
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Amount Paid
Check Total
Check # Date Vendor Description
99006 04/21/2005 000837 CALIF DEPT OF FRANCHISE TAX Support Payment Case # 615030856
86.62
86.62
99007 04121/2005 004248 CALIF DEPT OF JUSTICE-
Fingerprinting 10 svcs:Police/HR
2.911.00
2,911.00
99008 04/21/2005 004604 CALPELRA
RegistLabor Acad 1& 11:6/16-17:DL
500.00
500.00
99009 04/21/2005 008644 CANTRELL. ROGER, AlA. AICP
Plan review consulting svcs:Planning
17.526.00
17.526.00
99010 04/21/2005 008742 CAPE MAY APARTMENTS LLC
Refund:Permit fees Qvrpmt:40140 Village
1.00
1.00
99011 04/21/2005 000137 CHEVRONUSAINC
City vehicles fuel: Police
City vehicles fuel:PolicelCM
740.32
220.76
961.08
99012 04/21/2005 008745 COLTRAIN. ARTHUR RJR
Refund:Devel Depst:43140 Avenida De San
995.00
995.00
99013 04/21/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment
147.00
147.00
99014 04/21/2005 001264 COSTee WHOLESALE Every 15 min prgm supplies
600.00
600.00
99015 04/21/2005 006954 CRAFTSMEN PLUMBING & HVAC Install faucets/drinking fountain:TESP
Plumbing repairs @ Margarita Park
7.510.00
85.00
7,595.00
99016 04/21/2005 008533 OAMKO, CHRiSTINE Reimb:'05 APA Conf:3/18-22105
241.56
241.56
99017 04/21/2005 003945 DIAMOND ENVIRONMENTAL Portable restrooms: C.Museum
113.55
113.55
99018 04/21/2005 004192 DOWNS COMMERCIAL FUELING City vehicles fuel:PlanninglPolice
421.70
421.70
99019 04/21/2005 008532 DREAMSHAPERS Mother/Son Oate Night 4/23/05
300.00
300.00
99020 04/21/2005 000395 ECONOMIC OEVELOPMENT RegistEDC Luncheon:4I28:ANME
60.00
60.00
99021 04/21/2005 008747 EDOY, KURT
Refund:Devel Depst:40641 Calle Fiesta
995.00
995.00
99022 04/21/2005 005115 ENTERPRISE RENT A CAR INC
Van rental for Explorers Tmg Tmprt
891.09
891.09
99023 04/21/2005 000164 ESGIL CORPORATION
Mar 05 Plan check svcs:Bldg&Safety
21.295.56
21,295.56
Page:2
apChkLst Final Check List Page: 3
04/21/2005 3:42:33PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99024 04/21/2005 006487 EUROPEAN CAFE & VINEYARO Employee 2nd Otrly luncheon 2.899.82 2,899.82
99025 04/21/2005 001056 EXCEL LANDSCAPE Feb tdscp impr.R.CaVRio slopes 517.39
Mar ldscp impr.Ynez Medians 413.00 930.39
99026 04/21/2005 004464 EXXONMOBIL CARD SERVICES City vehicles fuel:FirefT.Museum 151.27 151.27
99027 04/21/2005 000206 FEOEX KINKOS INC Stationery paper/mise supplies 133.39 133.39
99028 04/21/2005 002832 FENCE BUILDERS Res Imp Prgm: Sebanc. Halllie 2,640.00 2.640.00
99029 04/21/2005 003347 FIRST BANKCARD CENTER
SOUTHWEST AIRLINES SN AirFare:City Hall Mstr Plan-Redding 1.182.30
CHURCHILL HOTEL, THE SN Holel:Nal'l Cong.Ci1y C1:3111-15 981.24
HILTON ME HlVMeal:Nal'l Cong.Ci1y C1:311'-'5 905.37
OYNASTY SUITES SJ Htl:Tech Track Tmg:CO/GF:3115-18 263.07
PAT & OSCARS RESTAURANT SJ Refreshments:Council Closed Session 191.85
CREATIVE TOUCH RIBBON SJ ribbon for certificates 158.50
SPRINT IT Replacement Phones:Bt-VJM/MN 150.00
LA TOMA TE SN Meat:Nat'l Cong.City C1:3111-15 90.16
BARNES AND NOBLE STORE IT Books:'03 Windows 5vr/Adobe 82.41
ONTARIO AIRPORT SN PrI<g:Nat'l Gong.City Ct.3111-15 75.00
TEMECULA VALLEY CHAMBER SJ RegistState of the City Address 60.00
FEOEX KINKOS INC SN Stationery supplies:T.Citzen Crop 43.10
APPLEBEE'S NEIGHBORHOOD MN Refreshments:Prof. Business Mtg 39.83
T G I FRIOAYS SN Meal:Nat'l Cong.Ci1y C1:3111-15 29.45
EARTH LINK INC IT Council members internet svcs 23.09
SUBWAY SN Meal:Nat'l Cong.City Cf:3111-15 16.65 4.292.02
99030 04/21/2005 008710 FOURTH STREET ANTIOUES Reimb:Fac Impr Prgm:Fourth 5t.Antiques 4,735.00 4.735.00
99031 04121/2005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
99032 04121/2005 000170 FRANKLIN QUEST COMPANY INC Day timer supplies - Planning 18.65 18.65
PageS
apChkLst Final Check List Page: 4
04/21/2005 3:42:33PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99033 04/21/2005 004178 FREEDOM SIGNS Fae impr prgm: Optimum Health Care 2.074.19
Fae impr prgm: Old Town Psychic 1,837.45
Fae impr prgm: Rachel's Place 1.791.34
Fae impr prgm: My Favorite Things 1,131.37 6,834.35
99034 04/21/2005 008361 GRAPE STOMPERS sa DANCE TCSD instructor earnings 184.45
TCSD instructor earnings 168.00 352.45
99035 04/21/2005 008706 GRAPHIC EMBROIDERY OF Black I-shirts for 15 min prgm 894.51 894.51
99036 04/21/2005 008753 HA. TIFFANY Refund: Tiny Tots-Terrific 3'5 59.00 59.00
99037 04/21/2005 002372 HARMON. JUDY TCSD instructor earnings 173.77 173.77
99038 04i21/2005 004811 HEWLETT PACKARD Tablet computer for M.Edwards 2,546.74
HP Compaq Desktop:Police Dept 1,065.65
3yr Warranty & 1GB Memory Card:IS 276.00
CD Rom Muttibay Upgrade:IS 241.36 4,129.75
99039 04/21/2005 005748 HODSON, CHERYL A. Re-issue Support Payment 23.38 23.38
99040 04/21/2005 005748 HOOSON. CHERYL A. Support Payment 23.38 23.38
99041 04/21/2005 003624 HOWELL. ANN MARIE New tourism ad for existing publications 754.25 754.25
99042 04/21/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 9.054.36 9.054.36
99043 04/21/2005 004406 IGOE & COMPANY INC Mar '05 flex benefit plan pmt 355.85 355.85
99044 04/21/2005 006713 INTEGRATED MEDIA SYSTEMS Chambers video equip repairs & parts 3.496.00
Chambers video equip repairs 680.00
Chambers video equip repairs 300.00 4.476.00
99045 04/21/2005 003266 IRON MOUNTAIN OFFSITE Mar records mgmt microfilm storage unit 230.00 230.00
99046 04/21/2005 001186 IRWIN. JOHN TCSD instructor earnings 205.80 205.80
99047 04/21/2005 004908 JIFFY LUBE 1878 City Vehicle Repair/Maint Svcs:B&S 124.18 124.18
Page:4
apChkLsl
04/21/2005
3:42:33PM
Final Check Ust
CITY OF TEMECULA
Page: 5
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
99048 04/21/2005 004813 JOLLY JUMPS
Spring egg hunt fun jump:Paloma Del Sol
Spring egg hunt fun jump:Harveston Prk
Spring egg hunt fun jump:A.Reagan Prk
Spring egg hunt fun jump:Temeku Hills
140.00
140.00
140.00
140.00
560.00
99049 04121/2005 008746 JUVE, KRISTIN
Refund: Devel Depst:30951 Riverton Lane
995.00
995.00
99050 04121/2005 001719 L P A INC
Mar Library Donor Related Issues
755.00
755.00
99051 04/21/2005 008743 LONNIE SMITH CONSTRUCTION Refund:Devel Depst:31217 Kahwea Rd
995.00
995.00
99052 04/21/2005 004068 MANALILI, AILEEN
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
306.25
210.00
78.75
595.00
99053 04/21/2005 001967 MANPOWER TEMPORARY
temp help w/e 03127 Hoof/Dankworth
1,162.40
1.162.40
99054 04/21/2005 002693 MA TROS. ANDREA
TCSD Instructor Earnings
TCSD Instructor Earnings
84.00
42.00
126.00
99055 04/21/2005 008091 MILLMORE'S WAX CREW
vehicle detail svcs: PW
vehicle detail svcs: PW
125.00
125.00
250.00
99056 04/21/2005 001892 MOBILE MODULAR
3/20-4/18/05 modular bldg rental: Stn 92
832.40
832.40
99057 04/21/2005 007011 MORRIS MEYERS MAINTENANCE Mar main! svcs:park r.r.lpicnic sheners
5,101.25
5.101.25
99058 04/21/2005 006146 MT SAN JACINTO COMMUNITY
Painted Parasol Music Festival performance
300.00
300.00
99059 04121/2005 002727 MUNICIPAL MGMT ASSOCIATION MMASCliCMA '05 membership #031505
150.00
150.00
99060 04121/2005 007096 MUSICIANS WORKSHOP
Painted Parasol Music Festival performance
150.00
150.00
99061 04/21/2005 002925 NAPA AUTO PARTS
misc. parts for small equip: PW Maint
misc. parts for small equip: PW Maint
28.09
18.85
46.94
99062 04/21/2005 002100 OBJECT RADIANCE INC
TCSD Instructor Eamings
TCSD Instructor Eamings
TCSD Instructor Earnings
330.75
212.63
204.75
748.13
99063 04/21/2005 006721 OFFICEMAX - A BOISE COMPANY office supplies: Fire Prev
office supplies: Finance
office supplies: Copy Center
office supplies: Finance
87.12
8t.84
19.46
8.62
197.04
PageS
apChkLst
04121/2005
3:42:33PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
99064 04/21/2005 002105 OLD TOWN TIRE & SERVICE
99065 04/21/2005 002668 OMEGA LAKE SERVICES
99066 04/21/2005 001171 ORIENTAL TRAOING COMPANY
99067 04/21/2005 004389 OUT OF THE OROINARY
99068 04/21/2005 008240 PABLlTOS SPANISH ACADEMY
99069 04/21/2005 007088 PARADIGM IMAGING GROUP
99070 04/21/2005 002331 PEP BOYS INC
99071 04/21/2005 001958 PERS LONG TERM CARE
99072 04/21/2005 000249 PETTY CASH
99073 04/21/2005 004576 PRIMEOIA
99074 04/21/2005 003697 PROJECT DESIGN
99075 04/21/2005 004529 QUAIO TEMECULA HARLEY.
Final Check List
CITY OF TEMECULA
(Continued)
Description
City Vehicle Repair/Maint Svcs
Mar Duck Pond water maint. svcs
misc. supplies for Just 4 Kidz prgm
Team Bldg: B&S Dept 5/4/05
TCSD Instructor Earnings
TCSD Instructor Earnings
partial shipment-parts for scanner: I.S.
final shipment-parts for scanner: 1.8.
misc. parts for small equip: PW Maint
PERS Long Term Care Payment
petty Cash Reimbursement
FETN Installation Charge: Fire
217-3/6/05 Prof Svcs: SR79S Medians
Mar Police Motorcycles RepairlMaint
99076 04/21/2005 000262 RANCHO CALIF WATER OISTRICT Various Water Meters
99077 04/21/2005 000947 RANCHO REPROGRAPHICS
99078 04/21/2005 003591 RENES COMMERCIAL
Various Water Meters
Various Water Meters
Apr 01-06-68000-4 Main $t PW01.20
dup blueprints: Tern. Library
dup blueprints: Tern. Library
dup blueprints: Community Theater
dup blueprints: PW CIP Oiv
dup blueprints:Jefferson Pavement Impr
dup blueprints: Tem. Library
dup blueprints: W.C. Sports Complex
dup blueprints: W.C. Sports Complex
Citywide trash clean-up. special events
Page: 6
Amount Paid
Check Total
402.26
402.26
831.75
831.75
135.15
135.15
4,685.00
4.685.00
490.00
280.00
770.00
514.60
514.59
1.029.19
53.86
53.86
288.55
288.55
273.19
273.19
700.00
700.00
11,936.25
11,936.25
3.362.56
3.362.56
4.946.91
156.12
59.27
39.06
5,201.36
2.152.85
1,571.00
65.94
53.88
50.43
42.45
34.91
13.38
3.984.84
4,800.00
4,800.00
PageS
apChkLst Final Check List Page: 7
04/21/2005 3:42:33PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99079 04/21/2005 006483 RICHARDS, TYREASHA I. TCSO Instructor Earnings 252.00
TCSO Instructor Earnings 122.50
TCSO Instructor Earnings 24.50 399.00
99080 04/21/2005 000411 RIVERSIDE CO FLOOD CONTROL 2nd pmt NPOES Cost Share: S.Marg.Rvr 65.086.50 65.086.50
99081 04/21/2005 000268 RiVERSIDE CO HABITAT March '05 K-Rat Payment 8.975.00 8,975.00
99082 04/21/2005 007830 ROAD BUiLOERS iNC Prgs Pmt #9:Wolf Vly Creek Channel 277,198.59 277,198.59
99083 04/21/2005 001097 ROADLlNE PRODUCTS INC PW stencil truck maint supplies 566.41 566.41
99084 04/21/2005 000873 ROBERTS, RONALO H. Reimb: Public Safety Committee 4/6-7/05 16.68 16.68
99085 04/21/2005 004598 S T K ARCHITECTURE INC Feb dsgn sves:Roripaugh Ranch Fire Stn 2.359.50
Mar dsgn svcs:Roripaugh Ranch Fire Stn 1.179.75 3.539.25
99086 04/21/2005 008693 SALAZAR. DONALD (SWD 000053) Support Payment 283.50 283.50
99087 04121/2005 008374 SALT CITY RECORDS off-site storage archive shelving 1.379.00 1.379.00
99088 04/21/2005 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00
99089 04/21/2005 006815 SAN DIEGO. COUNTY OF Support Payment Account # 581095025 12.50 12.50
99090 04/21/2005 008744 SHORELINE CONSTRUCTION Refund:Oevel Depst:43525 Calle De Velard 995.00 995.00
99091 04/21/2005 008281 SIGN-A-RAMA Facade Impr Prgm: Blondies Boutique 1,817.07 1,817.07
99092 04/21/2005 008752 SMITH, ROBERT Refund:Sec. Deposit: MPSC 150.00 150.00
99093 04/21/2005 000537 SO CALIF EDISON Apr 2-01-202-7330 various mtrs 37.734.46
Apr 2-D 1-202-7603 various mtrs 14,687.34
Mar 2-00-397-5059 various mtrs 6,873.73
Apr 2.02.351.5281 CRC 4,072.98
Apr 2.25.393.4681 T.E.S. Pool 527.88
Mar 2-24-151-6582 various mtrs 122.46 64.018.85
99094 04/21/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: John McGee Park 124.00
pest control sves: Fire Stn 92 42.00 166.00
Page:7
apChkLst Final Check List Page: 8
04/21/2005 3:42:33PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99095 04121/2005 003000 STATE WATER RESOURCES renew N.O.!. fee: Community Theater 261.00 261.00
99096 04/21/2005 008751 STATION 84 REC FUNO reimb supplies:mtg w/M. Edwards/auction 70.99 70.99
99097 04/21/2005 001505 STEFFEN, SUE ee computer loan program 2,000.00 2.000.00
99098 04/21/2005 006465 TEMECULA AUTO REPAIR Fire Prev vehicle maintenance 1.368.93
Fire Prev trailer maintenance 257.34 1.626.27
99099 04/21/2005 006914 TEMECULA COPIERS INC. Mar copier usage chrgs:City Facilities 5.304.34 5.304.34
99100 04121/2005 005412 TEMECULA GARDEN & POWER parts for small equip repair/maim: PW 1,089.58
parts for small equip repair/maint: PW 22.84 1.112.42
99101 04/21/2005 000307 TEMECULA TROPHY COMPANY ee of the qtr: A. Pyle 61.63 61.63
99102 04/21/2005 000668 TIMMY D PROOUCTIONS INC DJ/equipment for 'OS Egg Hunts 800.00
OJ svcs for band jam 1J28/05 250.00 1.050.00
99103 04/21/2005 005937 TOMCZAK, MARIA T. TCSO Instructor Earnings 70.00 70.00
99104 04/2112005 008125 TOTTEN, MICHELLE. M. TCSD Instructor Earnings 196.00
TCSD Instructor Earnings 168.00
TCSO Instructor Earnings 112.00 476.00
99105 04/21/2005 005554 TOWER OFFICE PlAZA I LLC FY 03104 CFD 88-12 Reimbursement 11,000.58 11.000.58
99106 04121/2005 008719 TOWER OFFICE PlAZA II. & III FY 03104 CFO 88.12 Reimbursement 5,908.60 5.908.60
99107 04/21/2005 00n09 TOYOTA OF TEMECULA VALLEY vehicle maintenance fees Toyota Prius 62.69 62.69
99108 04/21/2005 008740 TRAVEL ADViSORS Air:Public Safety Committee M.Naggar 4/7 179.15 179.15
99109 04/21/2005 002702 U S POSTAL SERViCE Postage meter deposit 4,966.75 4.966.75
99110 04/21/2005 000325 UNITED WAY United Way Charities Payment 59.50 59.50
99111 04/21/2005 003665 VARTEC SOLUTIONS INC Mar long distance phone svcs 6.78 6.78
Page:8
apChkLst
04/21/2005
3:42:33PM
Final Check List
CITY OF TEMECULA
Page: 9
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
99112 04/21/2005 004261 VERIZON Apr xxx-5072 general usage
Apr xxx-0073 general usage
Apr xxx-3910 1 st St Irrigation
Apr xxx-1941 PTA CO TTACSD
Apr xxx-1473 P.O. Storefront SIn
Apr xxx-8573 general usage
Apr xxx~4896 M. Edwards
Apr xxx-5473 Moraga Rd
Apr xxx-3851 general usage
4,623.89
235.77
216.18
77.90
77.75
30.88
29.37
28.41
21.55
5,341.70
99113 04/21/2005 000621 WESTERN RiVERSIDE COUNCIL March 2005 TUMF Paymenl
117,274.61
117.274.61
99114 04/21/2005 008402 WESTERN RIVERSIDE COUNTY March 2005 MSHCP
13,208.00
13.208.00
99115 04/21/2005 005995 WES1WAYS & JOURNEY "hold ad space" for Jul/Aug: Econ Dev
-hold ad space- for Sep/Oct: Econ Dev
-hold ad space" for Nov/Dec: Econ Dev
"hold ad space" for Jan/Feb: Econ Dev
4,550.00
4,550.00
4,550.00
4.550.00
18.200.00
Grand total for UNION BANK OF CALIFORNIA:
1.003,997.20
Page:9
apChkLst Final Check List Page: 1
04/2812005 10:56:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
493 04/26/2005 000444 INSTATAX (EDD) 1st Qtr Unemply Insurance/EE tmg taxes 55.191.10 55.191.10
99116 04/26/2005 008757 GIBBENS, MICHAEL. P. Calif Disabled Access Speaker fee 750.00 750.00
99117 04/28/2005 007759 1ST CHOICE WINDOWS. INC Res Impr Prgm: Bogdanski, Julie 3.899.88
Res Imp pgrm: Lynn, Edward & Brenda 1,493.30 5.393.18
99118 04/28/2005 008771 4 R KIDS SAKE Childhood injury prevention sponsorship 825.00 825.00
99119 04/28/2005 000434 ACCELA.COM '05 Accela Conf:8121-25:Ching 525.00 525.00
99120 04/28/2005 005058 ADAMS. AARON Reimb:SB 427 Lobbying trip:4/25 40.50 40.50
99121 04/28/2005 004064 ADELPHIA Apr-May high speed internet svcs 40.95 40.95
99122 04/28/2005 008595 AMERICAN INTL GROUP INC Apr '05 workers' comp premium 51,818.00 51.818.00
99123 04/28/2005 000101 APPLE ONE INC Temp help PPE 4/16 Jackson 162.00
Temp help PPE 4/16 Plascencia 162.00 324.00
99124 04/28/2005 003203 ARTISTIC EMBROIDERY City Clerk staff shirts 295.24 295.24
99125 04/28/2005 005881 ASHBY USA. LLC Refund:Planning Depst:Nicolas/Bttrfd 3.961.00 3.961.00
99126 04/28/2005 005891 ASPEN PUBLISHERS. INC Payroll Mgr Ltr.7/05-6106:1010540954 255.56 255.56
99127 04/28/2005 002648 AUTO CLUB OF SOUTHERN Membership:L.Sullens 94109881 45.00 45.00
99128 04/28/2005 004855 BABER. GABRIELE TCSD instructor earnings 235.20
TCSD instructor earnings 77.70 312.90
99129 04/28/2005 003137 BARKERS FOOD MACHINERY Fire Stn 84 refrigerator repairs 336.00 336.00
99130 04/28/2005 008305 BATES, MICHAEL Refund: Sports - BB Mens League 50.00 50.00
99131 04/28/2005 008078 BEJAR. LEE Refund: Sports. BB Mens League 50.00 50.00
99132 04/28/2005 004040 BIG FOOT GRAPHICS Refund: Sports - BB Mens League 50.00 50.00
Page:l
apChkLst Final Check List Page: 2
04/28/2005 10:56:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99133 04/28/2005 004262 BIO-TOX LABORATORIES Mar DUI Drug & Alcohol Screening 882.00
Mar DUI Drug & Alcohol Screening 238.52 1.120.52
99134 04128/2005 008613 CALIF BANK & TRUST Rei Retention Esrw 2160075819 Wolf Crk 15,617.00 15.617.00
99135 0412812005 006614 CALIF CITY MANAGEMENT Membership: Nelson, Shawn 300.00 300.00
99136 04/28/2005 000674 CALIF CONTRACT CITIES Regist:46th Muni Sem:5/19-22:JC 500.00 SOO.OO
99137 04/28/2005 001267 CALIF DEPT OF MOTOR '97 ATV registPolice Dept 25.00
'97 ATV regist:Police Dept 25.00 50.00
99138 0412812005 000152 CALIF PARKS & RECREATION CPRS Admin Tmg:5 staff:4/13105 125.00 125.00
99139 0412812005 007488 CALIPER CORPORATION PW traffic software upgrade/support 1,072.11 1,072.11
99140 04/2S12005 008766 CARROT.TOP INDUSTRIES AR641 GRN Econ throw table cover 62.96 62.96
99141 04/28/2005 008777 CAVAZOS, TIFFANY Res impr prgm: wtr line repairs 2,105.87 2,105.87
99142 04/28/2005 004381 CENTER FOR HEAL THCARE ACLS Instructor course:5/18:4 staff 600.00 600.00
99143 0412812005 005417 CINTAS FIRST AID & SAFETY First aid supplies: CRC 37.52 37.52
99144 0412812005 008594 COMMUNITY BANK RellEscrow 280000256: Win. Widening 11,448.39 11,448.39
99145 04/2812005 001193 COMP USA INC Power Shot Digital Camera: lnf System 377.12
Wireless router/1GB fish dr:lnf Sys 338.25
(3) USB 3-port hub: Inl System 132.57
512MB Memory Card: Inf System 66.05 913.99
99146 0412812005 000447 COMTRONIX OF HEMET Interfaced pre-emitter w/prkg brake 352.16 352.16
99147 0412812005 004123 D L PHARES & ASSOCIATES Mar Lease & Cam:Police Storefront 2,141.58 2.141.58
99148 04/2812005 008230 DOUGLAS E BARNHART INC Mar Prgss:Wolf Creek Sports Complex 140,551.00 140.551.00
99149 04/28/2005 004192 DOWNS COMMERCIAL FUELING City vehicles fuel: TCSD 1,183.95
City vehicles fuel:PW Mntc 827.44
City vehicles fuel:Land DevellCIP 559.48 2.570.87
Page2
apChkLst
04/28/2005
10:56:05AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date
Vendor
99150 04/28/2005 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal: PW
99151 04/28/2005 002390 EASTERN MUNICIPAL WATER
99152 04/28/2005 008522 ESPOSITO. KELLI
99153 04/28/2005 001056 EXCEL LANDSCAPE
99154 04/28/2005 000165 FEDERAL EXPRESS INC
99155 04/28/2005 008762 FERNANDO, KIMBERLY
99156 04/28/2005 000166 FIRST AMERICAN TITLE
99157 04/28/2005 003347 FiRST BANKCARD CENTER
005981 LAKE ARROWHEAD RESORT
99158 04/28/2005 000177 GLENNIES OFFICE PROOUCTS
99159 04/28/2005 008763 GODFATHER'S PIZZA
99160 04/28/2005 008763 GODFATHER'S PIZZA
99161 04/28/2005 004019 GOLDEN STATE FENCE
99162 04/28/2005 005947 GOLOEN STATE OVERNIGHT
Final Check List
CITY OF TEMECULA
(Continued)
Description
95366-02 Diego Dr Ldscp
Refund: Miss Sue's Creative Dance
Mar Idscp impr: Saddlewood
Feb Idscp impr: Sports Parks
Feb ldscp impr: Slope Area
Oct Idscp impr: Campos Verdes
Express mail services
Refund: Security Deposit CRC 4/16/05
Lot Book Reports: VitJanuvea
JO Management Retreat:3117-18105
Office Supplies:City Mgr/Council/EcDev
Office Supplies: ADA/Low-Mod
Office supplies: Public Works
Office Supplies: Bldg & Safety
Office Supplies:Fire Prevention
Office Supplies:Human Resouces
Office Supplies: Records Mgmt
Office Supplies:GIS/lnf System
Office Supplies: CRC
Office Supplies: City Clerk
Office supplies: Sr Center
Office Supplies: TCC
Aefreshments:Every 15 min prgm
Aefreshments:Every 15 min prgm
Replace 2 rail fence: Rancho Highlands
Repair Skate Park fence
Express Mail Service:Fire Prevo
Page: 3
Amount Paid
Check Total
355.02
355.02
78.01
78.01
90.00
90.00
620.00
349.02
201.07
31.89
1,201.98
42.72
42.72
100.00
100.00
75.00
75.00
95.23
95.23
1.060.91
736.59
426.36
390.12
347.26
344.53
101.28
97.54
42.03
38.47
8.89
7.47
3.601.45
140.08
140.08
75.25
75.25
550.00
525.00
1,075.00
22.54
22.54
Page:3
apChkLst Final Check List Page: 4
04/28/2005 10:56:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99163 04/28/2005 000175 GOVERNMENT FINANCE Membership:Karin Grance 300009786 205.00 205.00
- -- - ._- -
99164 04/28/2005 008361 GRAPE STOMPERS sa DANCE TCSD instructor earnings 217.00 217.00
99165 04/28/2005 008774 GRAY. NAHID Refund: CPR/First Aid Combo 60.00 60.00
99166 04/28/2005 008776 GREATER RIVERSIDE March Air reserve base retention efforts 5.000.00 5,000.00
99167 04/28/2005 001135 HEAL THPOINTE MEDICAL New EE physicals & drug screenings 85.00
New EE physicals & drug screenings SO.OO 135.00
99168 04/28/2005 006688 HEMET-TEMECULA EAC Membership: Human Resource 25.00 25.00
99169 04/28/2005 008775 HERMAN. JENNIFER Refund: Hatha Yoga - Kristy 35.00 35.00
99170 04/28/2005 004811 HEWLETT PACKARD HP computer parts: Inf System 2.980.36
1 GB Memory card: Inf Sys 92.67 3,073.03
99171 04/28/2005 002126 HILLYARO FLOOR CARE SUPPLY CRC gym floor refinishing supplies 113.71
CRC gym floor refinishing supplies 107.46 221.17
99172 04/28/2005 001158 HOLIDAY INN Hotel:AEP Cf:5/20-23:Hogan 370.74 370.74
99173 04/28/2005 001158 HOLIDAY INN Htl:AEP Conf:5121-23:Brown 370.74 370.74
99174 04/28/2005 001158 HOLIDAY INN HtI:E5RI Conf:7/23-26:Beal:64517768 218.80 218.80
99175 04/28/2005 007968 HUFF, HELEN Refund: Excursions-Long Beach 25.00 25.00
99176 04/28/2005 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 350.19
Pool sanitizing chemicals 296.31 646.50
99177 04/28/2005 004884 J & W REDWOOD LUMBER CO Lumber supplies for Old Town repairs 94.85 94.85
99178 04/28/2005 008761 JAIME. JUAN EE computer purchase program 1.829.10 1,829.10
99179 04/28/2005 004265 JEWELL FENCE COMPANY Res impr prgm: Wall, Violet 1.800.00 1.800.00
99180 04/28/2005 000203 JOBS AVAILABLE INC Patron Svcs Coordinator recruitment ad 82.80 82.80
Page:4
apChkLst Final Check List Page: 5
04128/2005 10:56:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99181 04/28/2005 002424 KELLEY DISPLAY INC Balloon & Wine Banners Svcs 1,422.06 1.422.06
99182 04/28/2005 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 840.00
TCSD instructor earnings 756.00
TCSD instructor earnings 560.00
TCSD instructor earnings 560.00
TCSD instructor earnings 560.00
TCSD instructor earnings 560.00
TCSD instructor earnings 420.00
TCSD instructor earnings 392.00
TCSD instructor earnings 364.00
TCSD instructor earnings 336.00
TCSD instructor earnings 336.00
TCSD instructor earnings 168.00
TCSD instructor earnings 112.00
TCSD instructor earnings 112.00 6.076.00
99183 04/28/2005 001282 KNORR SYSTEMS INC Pool Equip:TES Pool 9.005.39 9.005.39
99184 04/28/2005 008715 KRAMER FIRM INC Planning project plans review svcs 6,000.00
Planning project plans review svcs 2.000.00 8.000.00
99185 04/28/2005 000945 L P S COMPUTER SERVICE Hp fusing assy/feedltray:tS 164.74 164.74
99186 04/28/2005 007188 LAERDAL MEDICAL CORP. Manikin face shield! AED supplies:Medic 412.25 412.25
99187 04/28/2005 004905 LIEBERT. CASSIDY & WHITMORE Mar HR legal svcs for TE060-#OOOO1 530.00 530.00
99188 04/28/2005 003726 LIFE ASSIST INC Supplies for Paramedic squad 1,833.75 1,833.75
99189 04/28/2005 008610 M C R STAMPS DJ Svcs: High Hopes Prgm 4/15/05 25.00 25.00
99190 04/28/2005 003782 MAIN STREET SIGNS signs/hardware for sign 1.547.29
signs/hardware for sign 1.088.62
signs/hardware for sign 336.18 2,972.09
99191 04/28/2005 004141 MAINTEX INC City Halt custodial supplies 303.05
Var Park Sites custodial supplies 178.22
Maint Fac custodial supplies 147.52
City Hall custodial supplies 103.44
credit: invoice billed in error .103.44 628.79
99192 04/28/2005 004929 MARK FISHER COMPANY. THE City of Temecula ad:Batloon/Wine 269.00 269.00
PageS
apChkLst Final Check List Page: 6
04/28/2005 10:56:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99193 04/28/2005 004534 MOBILE SATELLITE VENTURES 4/14-5113 EOC Stn Satellite Phone Svcs 71.25 71.25
99194 04/28/2005 000883 MONTELEONE EXCAVATING emerg work due to heavy rains: Lng Cyn 4,490.00
J.W. Silt PondlChnl-Remove SilVOebris 4,474.00 8,964.00
99195 04/28/2005 008770 MORROW. ALBERT Refund: Excursions. Long Beach 25.00 25.00
99196 04128/2005 007564 MURRAYS HOTEL & Refrigerator for the Tee 2,815.51 2.815.51
99197 04/28/2005 002139 NORTH COUNTY TIMES Mar recruitment ads for H.R. Dept. 1.160.08 1.160.08
99198 04/28/2005 003964 OFFiCE DEPOT BUSINESS SVS office supplies for City p~ts: PO SW 336.17 336.17
99199 04/28/2005 006721 OFFICEMAX - A BOISE COMPANY Mise office supplies:Finance 36.72 36.72
99200 04/28/2005 005784 OLD TOWN RECOROS Refund: Sports - forfeit fee 50.00 50.00
99201 04/2812005 002105 OLO TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 466.98
City Vehicle Repair/Maint Svcs 105.96
City Vehicle Repair/Maint Svcs 56.54 629.48
99202 04/2812005 008768 OVECOGLU, MARY Refund: Watercolor 84.00 84.00
99203 04/28/2005 004088 PALA MESA RESORT htl rooms for students: Every 15 Min 1,319.71
Credit: room tax incorrect -22.61 1.297.10
99204 04/28/2005 004805 PEACOCK ENTERPRISES INC toner cartridges for printers: I.S. 1,728.85 1,728.85
99205 04/28/2005 005202 PENFOLD, LADD L. Refund: Bldg Permit 42072 5th St 2,974.75 2,974.75
99206 04/28/2005 002331 PEP BOYS INC small equip parts for PW Maint Div 300.99 300.99
99207 04/28/2005 008143 PETERS, MATT Reimb:APA Conf:3118.2210S 317.01 317.01
99208 04128/2005 000249 PETTY CASH Petty Cash Reimbursement 461.26 461.26
99209 04/28/2005 007484 PHILIPS MEOICAL SYSTEMS INC Defibrillator/pads for AED/PAD Prgm 1,887.83 1.887.83
99210 04128/2005 008773 PHILLIPS. CAROL Refund: Sec. Deposit MPSC 150.00 150.00
Pagefi
apChkLst
04/28/2005
Final Check List
CITY OF TEMECULA
10:56:05AM
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor Description
Amount Paid
Check Total
4,218.69
99211 04/28/2005 000254 PRESS ENTERPRISE COMPANY Mar Recrufiment Ads For H.R. Oept.
99212 04/28/2005 004576 PRIMEDIA FETN installlsubscription svcs: Fire
99213 04/28/2005 005075 PRUDENTIAL OVERALL SUPPLY uniformslflr maVtowel rentals: City
Credit: only half of items delivered
99214 04/28/2005 004519 PYRO SPECTACULARS INC Deposil- Fireworks Display 7/4/05
99215 04/28/2005 007976 QUINANOLA. G. DELMAR Refund:Excursions - Long Beach
99216 04/28/2005 004453 R C ENTERPRISES ink pads for stamps:Finance
99217 04/28/2005 004029 R J M DESIGN GROUP INC
Feb Dsgn Svcs: W.C.Sports Complex
99218 04/28/2005 000728 RAMSEY BACKFLOW &
var parks/medians backflow testing svcs
var slopes backflow testing svcs
99219 04/28/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters
Apr01-04-47210-0 T.E.S. Pool
Apr 01.02-98010-0 Fire Stn 84
AprOl.04.10033.2 Marg. Rd.
Apr 01-02-98000-0 Fire Stn 84
99220 04/28/2005 000526 REGENTS OF UNIVERSITY OF Mello-Roos/Spec Assess Finance:G.B.
Mello-Roos/Spec Assess Finance:M.D.
99221 04/28/2005 003591 RENES COMMERCIAL City's ChnlsiOutlets weed abatement
Weed AbatefTrash Cleanup:City Lot Hwy 79
99222 04/28/2005 002110 RENTAL SERVICE Rental Equipment ~ Pw Maint Div
- - ~- -- -
99223 04/28/2005 000955 RIVERSIDE CO SHERIFF SW STN Triathlon patrol svcs: 4/10/05
99224 04/28/2005 000406 RIVERSIDE CO SHERIFFS DEPT 02l03-03/02105:1awenforcement
99225 04/28/2005 002181 RIYERSIDE CONSTRUCTION
prgs pmt #4: Winchester Rd Widening
99226 04/28/2005 001365 RIVERSIDE COUNTY OF
PennitGenerator @ City Hall & Maint Fac
99227 04/28/2005 001365 RIVERSIDE COUNTY OF
renew permit: Paloma Del Sol Park
renew permit: Rancho Vista Snack Bar
4.218.69
4.784.67
1.113.25
-2.00
15.000.00
75.00
53.88
4,158.83
220.00
200.00
8,363.19
370.52
163.58
43.94
11.54
265.00
265.00
5,750.00
5.000.00
61.43
3.046.10
775,780.09
103.035.48
518.00
89.00
89.00
4.784.67
1.111.25
15.000.00
75.00
53.88
4,158.83
420.00
8.952.77
530.00
10.750.00
61.43
3.046.10
775.780.09
103.035.48
518.00
178.00
Page:7
apChkLst
04128/2005
10:56:05AM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Description
Amount Paid
Check Total
Check # Date Vendor
99228 04/28/2005 003587 RIZZO CONSTRUCTION INC
Storage Cabinets. West Wing
3.520.00
3,520.00
99229 04/28/2005 008769 ROOTEN. L1ESELOTTE
Refund: Excursions - Long Beach
50.00
50.00
99230 04/28/2005 001942 S C SIGNS
Mar public hearing sign postings:C.C.
340.00
340.00
99231 04/28/2005 004598 S T K ARCHITECTURE INC
Design :Wolf Creek Fire Stn
7.810.00
7.810.00
99232 04/28/2005 000278 SAN DIEGO UNION TRIBUNE
Mar recruitment ads for H.R. Dep1.
1,689.71
1,689.71
99233 0412812005 004562 SCHIRMER ENGINEERING CORP. Mar plan check svcs: Fire Prey
5.170.00
5.170.00
99234 04/28/2005 004609 SHRED FORCE INC
Apr document shred svcs: Records Mgmt
Apr document shred svcs: Records Mgmt
Apr document shred svcs: P.D.O.T. Stn
400.00
110.00
24.00
534.00
99235 0412812005 007342 SHUTE, MIHALY & WEINBERGER Mar legal services pmt
521.45
521.45
99236 04/28/2005 000645 SMART & FINAL INC
Fit Program Supplies
'05 MotherlSon Date Night supplies
Coffee Supplies:City Hall & Maint Fac
misc supplies for mtgs:Finance
Fit Program Supplies
166.40
163.73
75.93
62.43
61.15
529.64
99237 0412812005 000537 SO CALIF EDISON Mar 2-19-999-9442 Various mtrs
Apr 2.02-351-4946 MPSC
Apr 2-18-937-3152 T. Museum
Apr 2.23-365-5992 Fire Stn 92
Apr 2-11-007-0455 6th St
Apr 2-20-817-9929 P.O. O.T. Stn
Apr 2.21.911.7692 S. Side Prk Lot
Apr 2.19.171.8568 Wedding Chpl
Apr 2-24-628-8963 Btrtld Stage
Apr 2-14.204.1615 Front St Radio
1.299.21
804.51
522.64
247.45
245.07
198.66
112.06
46.75
26.39
19.89
3.522.63
99238 04/28/2005 001212 SO CALIF GAS COMPANY Apr 095.167.7907-2 Fire Stn 84
201.60
201.60
99239 0412612005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: CRC
pest control svcs: Caboose
pest control svcs: MPSC
90.00
29.00
29.00
148.00
99240 0412812005 007651 SOUTHCOAST HEATING & AIR HVAC repairslmaint for Fire Stns 84/92
140.00
140.00
Page:8
apChkLst Final Check List Page: 9
04/2812005 10:56:05AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
99241 04/28/2005 005786 SPRINT Apr Acct Level Chrgs 38.91 38.91
99242 04/28/2005 003000 STATE WATER RESOURCES N.D.I. filing fee:Field Dp Center 315.06 315.06
99243 04/28/2005 002366 STEAM SUPERIOR CARPET general maint. @ City Hall 600.00
custodial services @ City Hall 320.00
general maint. @ C .Museum/CRC 280.00 1.200.00
99244 04/28/2005 008759 SUlliVAN. CAROL ANNE Refund: Admin Citation #3782 50.00 50.00
99245 04/28/2005 000305 TARGET BANK BUS CARD SRVCS '05 Mother/Son Date Night supplies 172.59
F.I.T. Program supplies 104.57
Family Fun Nights supplies 46.29 323.45
99246 04/28/2005 000311 TEMECULA VALLEY HIGH Refund:Sec. Deposit/CRC 150.00 150.00
99247 04/28/2005 004274 TEMECULA VALLEY SECURITY new lock for TCSD lobby door @ City Hall 526.00
locksmith svcs for the CRC 86.55 612.55
99248 04/28/2005 008772 TEMECULA VILLA Refund: Admin Cite #1641 50.00 50.00
99249 04/28/2005 007636 THERMO ELECTRON CORP truck 73 - gas detector maint: Fire 202.71 202.71
99250 04/28/2005 000319 TOMARK SPORTS INC Mounds For Softball Field 6,415.85
TVHS tennis neUcenter strap/anchor 1.086.27 7.502.12
99251 04/28/2005 002452 TOP LINE INDUSTRIAL small equip parts for PW Maint Div 24.35 24.35
99252 04/28/2005 006192 TRISTAFF GROUP Temp help w/e 04117 Amezcuarridwell 1.081.60
Temp help w/e 04/10 LongiTidwell 977.93 2.059.53
99253 04/28/2005 007118 US TELPACIFIC CORPORATION Apr Internet IP Addresses Block 545.93 545.93
99254 04/28/2005 004981 UNISOURCE SCREENING & 4/1-15105 bckgrnd screening svcs 129.00 129.00
99255 04/28/2005 008760 UNO VALET PARKING SERVICES Refund: Sports - forfeit fee 50.00 50.00
99256 04/28/2005 006941 VERISIGN INC. Secure site pro software svcs 19.95 19.95
Page:9
apChkLst
04/2812005
10:56:05AM
Final Check List
CITY OF TEMECULA
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
99257 04/28/2005 004261 VERIZON
Apr xxx-DO? 4 general usage
Apr xx)(-2016 reverse 911
Apr xxx-3526 Fire Alarm
Apr xxx-3564 Alarm
Apr xxx-5275 P.O. DSL
Apr xxx-2676 general usage
254.50
109.61
85.24
56.83
29.37
28.41
563.96
99258 04/28/2005 004789 VERIZON ONLINE
Internet svcs:P.D. OT SIn
42.83
42.83
99259 04/28/2005 004789 VERIZON ONLINE
Internet svcs: P.D.DSL
42.83
42.83
99260 04/28/2005 004848 VERIZON SELECT SERVICES INC Apr long distance phone svcs
1.582.61
1.582.61
99261 04/28/2005 008767 VITOR, YVETTE
Refund: Musical Theater Workshop
156.00
156.00
99262 04/28/2005 004480 WALDEN DAHL
sound for Bluegrass Festival 3118-19/05
3,000.00
3,000.00
99263 04/28/2005 003730 WEST COAST ARBORISTS INC
3/16-31/05 Citywide Tree Trimming Sves
17.082.00
17.082.00
99264 04/28/2005 003776 ZOLL MEDICAL CORPORATION
Paramedics medical supplies
298.44
298.44
Grand total for UNION BANK OF CALIFORNIA:
1,368.716.93
Page:10
ITEM 3
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
APRIL 12, 2005
The City Council conyened in Closed Session at 6:00 P.M., on Tuesday, April 12, 2005, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Driye, Temecula,
California. The Open Session conyened at 7:00 P.M.
Present:
5
Councilmembers:
Edwards, Naggar, Roberts, Washington, and
Comerchero
Absent:
o
Councilmembers:
None
PRELUDE MUSIC
The prelude music was proYided by Joshua and Keyin Jurkosky.
INVOCATION
The invocation was given by Pastor Lou Dawson of Rancho Baptist Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Cub Scout Pack No. 148.
After the pledge of allegiance, the Pack thanked the City Council for being giyen the opportunity
to perform the Flag Ceremony and for its generous support.
PRESENT A TIONS/PROCLAMA TIONS
Child Abuse Preyention Month
On behalf of Preyent Child Abuse of Riyerside County, a representatiYe from the organization
thanked the City Council for its support, adYising that the month of April is Child Abuse
Preyention Month.
PUBLIC COMMENTS
Ms. Suzanne Zychowicz, Temecula, encouraged partnerships among neighbors,
neighborhoods, cities, etc. preserving traditions beneficial for the entire community and thinking
globally and acting locally.
On behalf of the residents of the City especially those in the Meadowview area, Ms. Diana
Loyett-Webb, Temecula, publicly thanked the City Council for its support of the residential
community and in protecting the quality life in this City.
Not being aware that the Circulation Plan had already been approyed by the City Council, Mr.
Kenneth Calderwood, Temecula, addressed the Traffic Circulation Plan in particular the area
R:\Minutesl041205
located behind the Pechanga Casino, commenting on noise pollution, light pollution, and
impacts to the existing eco system.
By way of oyerheads, Mr. Joseph Terrazas, Temecula, echoing Mr. Calderwood's comments,
requested that the proposed road be relocated to the other side of the hill.
Mr. John Dedovesh, Temecula, addressed the excessiye speed limit along Rancho California
Road.
Mr. Don Stowe, Temecula, expressed opposition to the proposed expansion of Ynez and
DePortola Roads through Los Ranchitos and requested that this matter be readdressed and
that the public hearing regarding this issue be reopened, commenting on increased traffic and
horse-crossing safety concerns.
In response to Mr. Stowe's request to reopen the public hearing, City Attorney Thorson adyised
that on March 22, 2005, the City Council held a properly noticed public hearing on the
Circulation Element. While indiYiduals, this eyening, may comment on traffic issues under
Public Comment, the City Council may not take any action on any suggested changes because
such action would require a public hearing.
Addressing the proposed changes to Ynez and DePortola Roads, Ms. Marian Guy, Temecula,
yiewed Ynez Road as a cut through from SR 79 South from Jedediah Smith Road to Margarita
Road, creating safety concerns between driyers and equestrians. She further addressed
property yalues and drainage problems on Ynez and DePortola Roads and requested that the
public hearing regarding the proposed changes to Ynez and DePortola Roads be reopened.
Adyising that he had collected oyer 200 petition signatures haye been collected by Los
Ranchitos' residents and that oyer 300 postcards haye been mailed to City Hall, Ms. Kathleen
Stowe commented on the residents' opposition to the City Council's decision to increase the
width of Ynez Road/DePortola Roads through Los Ranchitos from two lanes to four lanes.
Noting that residents were not giyen their democratic due process by not being giyen the
opportunity to speak at the March 22, 2005, City Council meeting, Ms. Stowe requested that
Item No. 19.2 of the General Plan Update Circulation Element be reopened.
In response to Ms. Stowe, Mayor Comerchero adyised that the City Council's action on March
22, 2005, was not to increase the width of those roads but to keep the designation the same as
has been in the General Plan.
To ensure a democratic process is followed, Ms. Linda Doucett, Temecula, as well requested
that the public hearing regarding YnezlDePortola Roads be reopened.
Discussing the March 22, 2005, public hearing for the Circulation Element, Mr. Mark Broderick,
Temecula, representing the Rainbow Canyon Villages Homeowners Association, noted that he
was adyised that because of the number of people speaking that eyening, he would possibly not
address the Council until 11 :30 P.M. or 12:00 midnight; that because he commutes, he could
not stay late; and that the Association is requesting that it be giyen the opportunity to present its
concerns regarding the Circulation Element;
Opening, extending, and creating new streets should be a priority when considering safety
issues within the Circulation Element of the General Plan, Ms. Diana Broderick, Temecula,
R:\Minutesl041205
2
addressed emergency access/passage, adYising that more choices would spread the yolume of
traffic and decreasing the heavy load on existing arteries.
Ms. Charlotte Roa, Riyerside, questioned whether there was yalidity to a highway being
constructed near her property located on Anza Road and DePortola Road.
Responding to Ms. Roa, Mayor Comerchero adyised her that City staff would contact her to
proYide information with regard to question, noting that the area of question is not within City
limits.
Stating that, in his opinion, the Enyironmental Impact Report (EIR) does proYide the required
mitigations to approve the General Plan, Mr. Raymond Bennett, Temecula, representing the Los
Ranchitos Homeowners Association, addressed noise, priyate driyeways entering on to the
arterial highway such as YnezlDePortola Roads and equestrian safety/equestrian trail and
requested that the EIR be reeyaluated.
Considering the existing safety issues with horse crossing on Ynez Road, Mr. Jack Williams,
Temecula, requested that the Circulation Element be reopened for discussion.
Mr. Faddoul Baida, Temecula, addressed the lack of information being proYided to the public.
Expressing concern with the manner in which the YnezlDePortola Roads portion of the
Circulation Element was addressed by the City Council at the March 22, 2005, City Council
meeting, Mr. Neal Ziff, Temecula, addressed safety concerns and requested that the City
Council reopen discussion regarding this particular portion of the Circulation Element
Mayor Comerchero again clarified that the designation for YnezlDePortola Roads in the existing
General Plan, adopted in 1993, has been a four-lane road and that the City Council's action on
March 22, 2005 was to maintain that same designation not to add to the width in terrns of lanes.
Ms. Pamela Hayens, Temecula, questioned the Yalidity to annexing the County area of Country
Road Estates into the City of Temecula. Mayor Comerchero adyised that the City has no plans
to annex the wine country.
Commenting on a 70-signature petition that he had circulated, Mr. Mike Kuhn, Temecula,
shared the residents' disagreement with eliminating the possibility of opening any blocked
streets or the completion of North General Kearny Road from the updated General Plan.
CITY COUNCIL REPORTS
A. In response to the residents' comments, Councilman Washington expressed
appreciation for their input. Mr. Washington apprised the public of the upcoming Sixth Annual
Golf Tournament Fundraiser for the Theater Foundation on Memorial Weekend in Las Vegas.
B. Commenting on a fatal collision on Ynez Road, near the auto dealerships, inyolying a
car carrier and a passenger yehicle, Mayor Pro Tem Roberts adyised that he had requested a
meeting with the auto dealerships to ensure such a tragic accident will not happen in the future.
C. Announcing the success of the weekly City's Fitness in Temecula (F.I.T.) program,
Mayor Comerchero adYised that this health program will be held at four City parks, commending
Community Services Director Parker and his staff.
R:lMinutesl041205
3
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waiye the reading of the text of all ordinances and resolutions included in the
agenda.
2 Resolution approyina List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 05-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 Minutes
RECOMMENDATION:
3.1 Approye the minutes of March 8, 2005;
3.2 Approye the minutes of March 22, 2005;
3.3 Approye the minutes of March 31, 2005.
4 City Treasurer's Report
RECOMMENDATION:
4.1 Receiye and file the City Treasurer's Report as of February 28, 2005.
5 Parcel Map No. 31898, located south of Wolf Valley Road and East of Pechanaa Parkway
RECOMMENDATION:
5.1 Approye Parcel Map No. 31898 in conformance with the Conditions of Approyal.
(Item No.5 was puller for separate discussion; see page 7.)
R:\Minutes\041205
4
6 Second Amendment to Fiscal Year 2004-2005 Annual Citywide Routine Maintenance
Contract
RECOMMENDATION:
6.1 Approye the Second Amendment to the Fiscal Year 2004-2005 Annual Citywide
Maintenance Contract with Monteleone Contractors, Inc. for an amount of
$50,000.00 and authorize the Mayor to execute the amendment.
7 Award the Construction Contract for the Temecula Public Library. Proiect No. PWOO-07
RECOMMENDATION:
7.1 Award a construction contract for the Temecula Public Library, Project No. PWOO-
07, to EDGE Deyelopment, Inc., in the amount of $11 ,757,812.30, and authorize the
Mayor to execute the contract.
7.2 Authorize the City Manager to approye change orders not to exceed the
contingency amount of $1,175,781.20, which is equal to 10% of the contract
amount.
7.3 Approve the acceleration of appropriated budgeted funds in FY2005-2006 to
FY2004-2005 in the amount of $8,671 ,570.00.
7.4 Approye a transfer in the amount of $1,700,000.00 from the Maintenance
Facility/Field Operation Center to the Temecula Library Project.
(Pulled for separate discussion; see page 7.)
8 Reappointment of Animal Shelter Liaison/JPA Representatiye
RECOMMENDATION:
8.1 Appoint Councilmember Maryann Edwards as the City's representatiYe on the
Board of Directors of the Southwest Communities Financing Authority.
9 Resolution of support for Proyidina Necessary Infrastructure for Reaional Goods
Moyement Includina Separate Rail Crossinas
(At the request of Councilman Naggar)
RECOMMENDATION:
9.1 Adopt a resolution entitled:
R:\MinutesI041205
5
RESOLUTION NO. 05-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE EFFORTS OF THE CITY OF
RIVERSIDE AND THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) TO ADDRESS
THE CHALLENGES RELATED TO CREATING A REGIONAL
GOOD MOVEMENT SYSTEM THAT CONSTRUCTS GRADE
SEPARATED RAIL CROSSINGS; ESTABLISHES HIGHWAY
PROJECTS DEDICATED TO GOODS MOVEMENT; AND
IDENTIFIES PUBLIC AND PRIVATE FINANCING
ALTERNATIVES TO CONSTRUCT THE NEARLY $3.5 BILLION
IN RAIL AND HIGHWAY IMPROVEMENTS NECESSARY TO
SUPPORT THE SYSTEM AND PROTECT THE REGION'S
ECONOMIC VIABILITY
10 Resolution of Opposition to the Granite Quarry Proiect
(At the request of Mayor Comerchero)
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OPPOSING THE DEVELOPMENT OF A SURFACE
MINING OPERATION WITHIN THE HILLS SOUTH OF
TEMECULA
(Mayor Comerchero requested that this item be continued off calendar for
additional discussion and investigation.)
MOTION: Councilman Naggar moyed to approve Consent Calendar Item Nos. 1-4, 6, and 8-9
(Item Nos. 5 and 7 were considered under separate discussion and Item No. 10 was continued
off calendar.) The motion was seconded by Councilwoman Edwards and electronic yote
reflected unanimous approyal.
CONSENT CALENDAR ITEM PULLED FOR SEPARATE DISCUSSION
5 Parcel Map No. 31898 (located south of Wolf Valley Road and east of Pechanaa
Parkway)
RECOMMENDATION:
5.1 Approye Parcel Map No. 31898 in conformance with the conditions of approyal.
Expressing concern with the potential of a freeway off-ramp being located near the Wolf Valley
Homeowners Association, Mr. Todd Shoebotham, Temecula, requested that this project be
reeyaluated to determine its close prol'imity to the residents, commenting on the impact of the
community.
R\Minutes\041205
6
MOTION: Mayor Pro Tem Roberts moyed to approye Consent Calendar Item NO.5. The
motion was seconded by Councilwoman Edwards and electronic yote reflected unanimous
approyal.
7 Award the Construction Contract for the Temecula Public Library - Proiect No. PWOO-07
RECOMMENDATION:
7.1 Award a construction contract for the Temecula Public Library, Project No.
PWOO-07, to EDGE Deyelopment, Inc., in the amount of $11,757,812.30, and
authorize the Mayor to execute the contract;
7.2 Authorize the City Manager to approye change orders not to exceed the
contingency amount of $1,175,781.20, which is equal to 10% of the contract
amount;
7.3 Approye the acceleration of appropriated budgeted funds in FY2005-2006 to
FY2004-2005 in the amount of $8,671 ,570.00;
7.4 Approye a transfer in the amount of $1,700,000.00 from the Maintenance
Facility/Field Operation Center to the Temecula Library Project.
Mayor Pro Tem Roberts relayed his delight with awarding this construction contract.
Councilman Washington, echoed by Mayor Comerchero, expressed support of this project.
MOTION: Mayor Pro Tem Roberts moyed to approye Consent Calendar Item NO.7. The
motion was seconded by Councilwoman Edwards and electronic yote reflected unanimous
approyal.
10 Resolution of Opposition to the Granite Quarry Proiect
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA OPPOSING THE DEVELOPMENT OF A SURFACE
MINING OPERATION WITHIN THE HILLS SOUTH OF
TEMECULA
.
Ms. Vicki Lory, Ternecula, encouraged the City Council to reagendize this item in order to
oppose the deyelopment of a surface mining operation.
MOTION: Mayor Pro Tem Roberts moyed to continue this item off calendar. The motion was
seconded by Cou'ncilwoman Edwards and electronic yote reflected unanimous approyal.
At 8:05 P.M., the City Council conyened as the Temecula Community Seryices District, the
Temecula RedeyeJopment Agency, and the Temecula Public Financing Authority. After a short
recess, the City Council, at 8:20 P.M., resumed with regular business.
R:\Minutes\041205
7
PUBLIC HEARING
11 Vacation of a Portion of an Unnamed Alley located between Second Street and Third
Street east of Old Town Front Street as shown on Block 18 of Town Site of Temecula (Old
Town
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 05-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA VACATING A PORTION OF AN UNNAMED ALLEY
LOCATED BETWEEN SECOND STREET AND THIRD STREET
AS SHOWN ON BLOCK 18 OF TOWN SITE OF TEMECULA IN
THE CITY OF TEMECULA, STATE OF CALIFORNIA
Public Works Director Hughes presented the staff report (as per agenda material).
There being no public input, the public hearing was closed.
MOTION: Councilman Naggar moyed to approve this item, including the adoption of Resolution
No. 05-41. The motion was seconded by Councilman Washington and electronic yote reflected
unanimous approyal.
12 Vacation of All Interior Streets and Certain Drainaae Easements within Tract No. 26941
(Crowne Hill- The Reserve)
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 05-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA VACATING LOT "A" (WOLFE STREET), LOT "B"
(SUSAN GRACE COURT) AND LOT "C" (MUSILEK PLACE)
AND CERTAIN DRAINAGE EASEMENTS OF TRACT NO. 26941
IN THE CITY OF TEMECULA, STATE OF CALIFORNIA, AS
SHOWN ON ATTACHED EXHIBITS
Public Works Director Hughes reyiewed the staff report (of record).
MOTION: Mayor Pro Tem Roberts moyed to approye this item, including the adoption of
Resolution No. 05-42. The motion was seconded by Councilwoman Edwards and electronic
yote reflected unanimous approyal.
R\Minutesl041205
a
13 General Plan Update
RECOMMENDATION:
13.1 Conduct the Public Hearing on the Draft Land Use, Open Space Conservation,
Growth ManagemenUPublic Facilities, Public Safety, Noise, Air quality, Community
Design, and Economic Deyelopment Elements of the General Plan and the Draft
EnYironmentallmpact Report related to these Elements;
13.2 Adopt a resolution entitled:
RESOLUTION NO. 05-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE COMPREHENSIVE UPDATE OF
THE GENERAL PLAN
13.3 Adopt a resolution entitled:
RESOLUTION NO. 05-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE COMPREHENSIVE UPDATE OF
THE GENERAL PLAN
Mayor Comerchero read a statement (of record) prepared by the City Attorney with regard to the
proceedings of this item.
At this time, Planning Director Ubnoske introduced Mr. Jeff Henderson of Cotton Bridges and
Associates who proceeded with the staff report (of record), commenting on the following:
· Deyelopment capacity of the updated General Plan (113,421 population with 55,764 in
areas within the City's sphere of influence - total population 169,185) yersus existing
conditions as well as the preyious General Plan (112,254 population with 81,655 in
areas within the City's sphere of influence - total population 193,909);
. Content of the General Plan
. Policy direction within the updated General Plan
o Direction remains the same as that of the 1993 General Plan
o Most changes fit within the framework of that Plan
. Primary changes affect Land Use and Circulation Elements
. Reflect preYiously County-granted entitlements
. Preservation of Open Space Corridors
. Create a desirable and liyable Urban area
. Adjusting density for the Vineyard and Agricultural designation
from 0.0 to 0.2 dwelling units per acre
. Modify the description of the recreation commercial designation to
include timeshare and fractional ownership units
. Incorporate the Airport Compatibility Plan figure within the Land
Use Element
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. Remoye the area between Temecula Creek and SR 79 South
from Rural Preservation Area NO.2
. Remoye Land Use Request No. 2 frorn the Nicolas Valley Rural
Preseryation Area should the City Council concur with the
Planning Commission's recommendations regarding that area
. Identify the Bureau of Land Management Ownership Areas that
are present on the Land Use Policy Map
o Encouraging mixed-use deyelopment near Interstate 15
o Preserying established rural areas
o Managing future growth
o Modified Land Use Designations
. Rural residential designation - 5-acre minimum lot size - east of current
City boundary
. Business Park designation to Industrial Park
. Vineyards Agricultural designation - new designation
. Tribal Trust lands - new designation
. Commercial Recreation Overlay
. Open Space and Conservation Element
o Inclusion of identification of the City's historic resources
o Includes new policies and implementation that will address the concern of the
Pechanga Band of Luiseno Indians
o Updated information Williamson Act Preserves within the Planning Area
o Updated information on MTBE contamination
. Growth Management/Public Facilities Element
o Addition of statements discouraging street closures that may limit or delay
access to emergency services
o Updated technical information proyided by Rancho California Water Districts as
well as the Temecula Valley Unified School District
. Public Safety Element
o No major policy changes
o Included updated State geologic hazard prograrns
o Incorporated information regarding the Temecula Citizen's Corps
o Addition of a policy statement discouraging the closure of streets when
emergency response and public safety is adyersely affected
. Air Quality Element
o No major policy changes are being proposed but haye included updated
information on local programs, including the Trip Reduction Ordinance
. Community Design Element
o Significant changes regarding discussion of mixed-use design concepts
o Includes new policies and implementation encouraging the creation of public
spaces and enhance the role of public art in those spaces
o Interim Chaparral Area policies, adopted in 2004, haye been incorporated
. Economic Development Element
o Includes updated information and descriptions of local programs - does not
include any major policy changes.
. Housing Element
o Not updated as part of this program
o Currently adopted Housing Element with which this General Plan is consistent
will be incorporated into the General Plan once it is adopted
o Next Housing Element Update will begin 2006 or 2007
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. Airport Land Use Commission
o Seyeral changes haye been recommended to ensure consistency with the
French Valley Airport Land Use Compatibility Plan
o Suggested changes consistent with the other policies and implementation that
haye already been included in the draft
. Environmental Impact Report (EIR)
o 16 comment letters were receiyed from yarious agencies
o 3 significant, unayoidable impacts were determined in that EIR
. Short-term construction impacts
. Long-term emissions
. Transportation
o All other impacts in the EIR were considered less than significant
. Required mitigation measures haye been included and identified
At this time, the public hearing was opened.
EIR in Land Use DesiQnations for the area south of Moraan Hill Specific Plan
(Mayor Comerchero and Councilman Naggar did not partake in this matter and remoyed
themselyes from the dais and Council Chamber.)
Mayor Pro Tem Roberts presided.
There being no public hearing, the public hearing regarding the aboye-mentioned item was
closed.
MOTION: Councilman Washington moyed to approye staff's recommended Land Use
Designations for the area south of Morgan Hill Specific Plan. The motion was seconded by
Councilwoman Edwards and yoice yote reflected approyal with the exception of Mayor
Comerchero and Councilman Naggar who abstained.
Reauest No. 2 72 acres at the corner of Nicolas Road and Via Lobo PlanninQ
Commission recommendation to split the desiQnation with low density on the northern
half and Open Space on the southern portion of the site with a reauirement for a
planned development overlav
(Mayor Comerchero did not partake in this matter and remoyed hirnself from the dais and
Council Chamber.)
By way of oyerheads, Principal Planner Hogan described the proposed request, highlighting
the Community AdYisory Committee's recommendation as well as the Planning Commission's
recommendation, noting that Council approyal would be required with the Commission's
proposal of a Planned Deyelopment Oyerlay.
At this time, the public hearing was opened.
Viewing the property of discussion as a gateway to Nicolas Valley, Mr. Chris Pedersen,
Temecula, discouraged an increase in density, noting that a majority of the property would be
unusable for deyelopment.
Mr. Roger Share, representing the Garrett Group, expressed the Garrett Group's support ofthe
Planning Commission's recommendation.
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AdYising that three years ago the Garrett Group acquired the property of discussion frorn the
Boy Scouts, Mr. Kirk Wright, representing the Garrett Group, as well concurred with the
Planning Commission's recommendation and noted that although the proposal may be an
upzone in density, the proposed density would not be equal to the density that would haye
been permitted with a yery low density project.
There being no additional speakers, the public hearing was closed.
Being of the opinion that the General Plan would not be the appropriate time to reyiew
particular projects, Councilman Naggar relayed his support of the City Council reYiewing this
particular land use designation and General Plan Amendment as a project, commenting on the
City's Growth Management Plan and noting that if this were approyed at this point in time, the
Growth Management Plan process would be negated.
Concurring with Councilman Naggar's comment, Councilwoman Edwards stated that because
of the quality of projects produced by the Garrett Group, she would haye no doubt that the
future Garrett Group project for the area of discussion will be a project the City Council would
accept.
In response to Councilman Washington, City Attorney Thorson adyised that approyal of the
request will require a majority yote. Echoing Mrs. Edwards, Mr. Washington as well expressed
his confidence in the Garrett Group to produce a quality project.
Mayor Pro Tem Roberts echoed the preYiously made comments shared by Councilman
Naggar.
MOTION: Councilman Naggar moyed to maintain the existing General Plan designation for the
72 acres at the corner of Nicolas Road and Via Lobo as its current Very Low Density
designation. The motion was seconded by Councilwoman Edwards and yoice yote reflected
approyal with the exception of Mayor Comerchero who abstained.
Callowav Winerv Property (located in the Rural Preservation Areas to the east of the City
boundarv)
(Mayor Comerchero did not partake in this matter and remoyed himself from the dais and
Council Chamber.)
ReYiewing this request, Mr. Henderson noted the following:
. That the current designation is Vineyards/Agriculture - one unit per fiye acres
. That the change would be to include the property in the updated General Plan
. That the proposed change would be a recommendation to the County
There being no public input, the public hearing was closed.
MOTION: Councilman Naggar moyed to approye the staff recommendation to include the
Calloway Winery property in the updated General Plan and to designate it as
Vineyards/Agriculture, permitting one unit per fiye acres. The motion was seconded by
Councilwoman Washington and yoice yote reflected approyal with the exception of Mayor
Comerchero who abstained.
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At this time, Mayor Comerchero returned to the dais and Councilman Naggar rernoyed himself from
the dais and Council Chamber.
Reauest No. 7 - 45-acre site on the north side of Loma Linda Road - to chanqe from
Professional Office to a combination of Low Medium Densitv and Medium Density. The
Low Medium Densitv would be on the eastern portion of the site adiacent to the existing
sinale-family homes. A proiect has been submitted to the City consistent with this
concept. The proiect incorporates 20% affordable units for moderate incomes on the
part of the site desiClnated for Medium Density. The reauest was supported by the
Community Advisory Committee. However. the Planning Commission is recommendina
onlv Low Medium Densitv.
(Councilman Naggar did not partake in this matter and remoyed himself from the dais and
Council Chamber.)
Mr. Henderson and Principal Planner Hogan reyiewed the proposed request, noting the
following:
. That the Low Medium Density would create approximately 4 to 5 units per acre
. That the Professional Office designation would generally generate more yehicle trips
than either residential category; that a yehicle reduction would occur at either Low
Medium or Medium Density
. That the Professional Office designation would allow multi-family senior housing at a
higher density
. That approximately 400 units would be the maximum allowable units for Low
Medium/Medium Density and approximately 200 units for only Low Medium Density
At this time, the public hearing regarding this matter was opened.
AdYising that a yesting map has been submitted to staff for a project with regard to the area of
discussion, Mr. Larry Markham, Temecula, requested approyal from the City Council: adyised
that the project will be heard within the next 60 days by the Planning Commission; and
commented on efforts undertaken with regard to this project (preservation of a portion of the
Creek, trail connectiYity, right of way, etc.).
In response to Mayor Comerchero, Planning Director Ubnoske adyised that the project
referenced by Mr. Markham would be consistent with the current General Plan. Mr.
Comerchero questioned how this project would be consistent with the updated General Plan if
the Council were to concur with the Planning Commission's recommendation for Low Medium
Density. Not haYing all the specifics, City Attorney Thorson noted that the general rule would be
that the City Council may change a zone and because it may be less than the preYious zoning
or General Plan designation would not necessarily mean it would be illegal.
It was noted that a letter was receiyed with regard to this matter and that it would be part of the
public record.
Mr. Mark Broderick, Temecula, representing Rainbow Canyon Villages Homeowners
Association, expressed concern with traffic within the area of discussion and opposed the City
Council downgrading a recommended designated roadway.
At this time, the public hearing was closed.
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For Councilwoman Edwards, Principal Planner Hogan confirmed that the requested designation
would decrease the number of trips per day from the current designation.
For Councilman Washington, City Attorney Thorson further clarified Mayor Comerchero's
concern whether this project would be consistent with the updated General Plan, noting that
there are two issues: whether or not to change the General Plan and what is the impact of that
project. Mr. Hogan reiterated that the Community AdYisory Committee recommendation would
permit approximately 400 units and that the Planning Commission recommendation would
permit approximately 200 units, noting that the 400 units had been included in the EIR for the
General Plan.
Mayor Comerchero expressed concern with the City Council adhering to the Planning
Commission recommendation and, thereby, downzoning this property after the applicant, in
good faith, presented a project that was consistent with the current General Plan and would be
consistent with the CAC's recommendation but not with the Planning Commission's
recommendation.
MOTION: Councilman Washington moyed to approye the CAC's recommendation (for split
zoning). Councilwoman Edwards seconded the motion. (This motion was ultimately
withdraw.)
Deputy City Manager Thornhill noted that by changing the zone from Professional Office to a
combination of Low Medium Density and Medium Density, the affordable component
requirement would no longer exist but adyised that any future project may be conditioned for the
affordable component.
In light of Mr. Thornhill's clarification, Councilman Washington withdrew the aboye-mentioned
motion and offered the following:
MOTION: Councilman Washington moyed to retain the Professional Office designation for the
45-acre site on the north side of Loma Linda Road. The motion was seconded by
Councilwoman Edwards and yoice yote reflected approval with the exception of Councilman
Naggar who abstained.
At this time, Councilman Naggar returned to the dais.
EIR for the proposed Land Use/Open Space Conservation/Growth ManaqementlPublic
Facilities/Public Safety/Noise/Air Quality/Community Desicm/Economic Development
Elements of the General Plan Update and remainina reauests
Ms. Eileen Runde, Temecula (wine country), questioned the City's desire to include westerly
Anza Road to Butterfield Stage Road in its sphere of influence. Mayor Cornerchero reiterated
that the City will not be including the wine country in its sphere of influence, noting that it is
being included in the Planning Area of the General Plan which will giye the City the ability to
comment to the County on actions it may take with regard to this area. Ms. Runde as well
expressed concern with making Anza Road the Transportation Corridor which will diyide wine
country. In response to Ms. Runde, Mayor Pro Tem Roberts advised that in the County's
General Plan Circulation Element, Anza Road was redesignated from a two-lane road to a four-
lane road.
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Ms. Adrian McGregor, Temecula (wine country), commented, as per the
Department/County/State Transportation minutes, on the width of the corridor relocated to Anza
Road and expressed concern that no circulatory roads haye been included; addressed air
quality; mixed zoning; future inclusion in the City's sphere of influence; taxation; and natural
energies.
For the General Plan Amendments, City Attorney Thorson adyised that the City has followed the
legally required notice with publications.
Mr. Don Stowe, Temecula, was called to address the City Council but was no longer in
attendance of the meeting.
Noting that at meeting she had attended the majority of the City's representatiyes (City's
consultant, Police/Fire) were in support of opening roads, Ms. Eyelyn Buchanan, Temecula,
questioned why the City Council would hire a consultant if it does not consider his
recommendations; why request information from Police/Fire if the adyise is discounted; why are
meetings set to proYide this information if the information is not accepted; proposed that the City
buy the homes on the Meadowview side of the street and create a strip of land for a Calle
Medusa Parkway, similar to Meadows Parkway; and encouraged quality of life for all Temecula
residents.
Because the public hearing on the Circulation Element has been closed, Mayor Comerchero
reminded the upcoming speakers that issues with regard to the Circulation Element will not be
discussed this eyening.
Noting all Elements of the General Plan must be balanced and must be considered in its
entirety, Ms. Suzanne Zychowics, Temecula, noted that a General Plan process was followed
by City consultant/Commissions/staff; that this process was paid for by the taxpayers; that the
process was not adhered to by the City Council and, therefore, the Plan was unbalanced;
addressed air quality and safety risks, commenting on the F rating at a particular intersection;
and referenced sex offenders residing within her neighborhood.
Appreciating the articulateness of Mr. Buchanan and Ms. Zychowics, Councilman Naggar noted
that although information has been proYided to the City Council regarding the General Plan by
consultants/staff/Commissions, the City Council has the responsibility to balance the human
factor with this or any other decision. Mr. Naggar encouraged Ms. Zychowiczs and any other
indiyiduals to feel free to contact him or the City Manager's Office to obtain information about
measures the City has undertaken to address traffic congestion/circulation.
Haying receiyed numerous em ails after the March 22, 2005, City Council meeting, Mayor
Comerchero referenced comments made in the emails to which Mr. Comerchero stated that
Meadowview residents represent 3.5% of the population of this City, noting that if the City
Council's primary concern were its reelection, the Council would haye neyer taken the stand it
did on March 22, 2005.
Mr. Don Gurdun, representing Walcott Inyestment, adyised that a land plan (consisting of 66
units with a minimum of 7,200 square foot lots up to 30,000 square foot lots on the northern
edge of the property) has been prepared for the 22 acres in the northeast section of the City;
requested that the City Council consider a zone change from Low Density to Medium Low
Density for these 22 acres; and adyised that Walcott Inyestment has offered to proYide a fire
access road (approximately a mile) for Liefer Road.
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At 10:34 P.M., a short recess was taken.
Expressing appreciation to the Planning Commission as well as Planning staff with regard to the
Temecula Creek Inn Specific Plan, Mr. Sam Alhadeff, representing Temecula Creek Inn,
relayed concurrence with the Planning Commission's unanimous recommendation, requesting
that restaurants/conference center be included in resort-related uses.
Mr. Larry Markham, Temecula, expressed concern with a policy in the Chaparral Policy Area
relating to the constraint area and the 15% of allowed disturbance of the constraint area;
commented on the difficulty of meeting the requirement of slope areas greater than 25%, natural
drainage courses, and biological area; and requested that language be added with regard to not
haying manufactured slopes from the external yiew of the site. With regard to Request NO.6
(Temecula Creek Village), Mr. Markham adyised that these 7 acres are not in the flood plain;
that legal access has been acquired and recorded; and that, therefore, it would be requested
that consideration be giyen to utilizing this area for RV/boat storage.
HaYing requested a zone change at the Planning Commission for a parcel located at
Winchester Road and Rustic Glen Driye, Mr. Bart Doyle, Temecula, adyised that the requested
change would be from Neighborhood Commercial to Professional Office for the purpose of
obtaining higher density leyel in order to construct a senior housing project.
Representing Request Nos. 3,10, and 18, Mr. Matthew Fagan, Temecula, noted the following:
· That Request No. 3 - 9 acres at the corner of Margarita Road and Solana Way to
change from Medium Density to a combination of Professional Office and Open Space;
· That both the CAC and the Planning Commission haye concurred with the request;
· That Request No. 10 - 18-acre site on the west side of Butterfield Stage Road to
change from Very Low Density to a combination of Low Density and Low Medium
Density (Margarita Village Specific Plan); supported by both the CAC and the Planning
Commission;
. That the project has a large frontage on Butterfield Stage Road and conditions will be
imposed to participate for the reimbursement of that road;
. That if the request were approyed, the Margarita Village Specific Plan will still be within
its threshold;
. That Request No. 18 - 2-acre site on Pauba Road west of the two Neighborhood
Commercial properties to change from Very Low Density to Neighborhood Commercial
and to remoye the property from the Chaparral Area; it was noted that the Planning
Commission had not supported this request.
In conclusion, Mr. Fagan requested the City Council's support.
MOTION: Councilman Naggar moyed to extend the City Council meeting to 11 :30 P.M. Mayor
Comerchero seconded the motion and yoice yote reflected unanimous approyal.
Ms. Malinda Smith, Temecula, chose to not address the Council.
Mr. Younis, Temecula, was either no longer present or chose to not address the Council.
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Mr. Farood Ahmad, Temecula, was either no longer present or chose to not address the
Council.
Ms. Margaret Rich, Temecula, was either no longer present or chose to not address the
Council.
Ms. Kathy Smith, Temecula, was either no longer present or chose to not address the Council.
Mr. Kenneth Hahn, Murrieta, expressed his surprise with the City Council's action to extend a
four-lane highway along YnezlDePortola Roads which would inundate 70 driyeways, noting that
the most cost-effectiye way of improYing air quality, improYing safety, and improye circulation
issues would be to open North General Kearny Road.
Reiterating preyiously made comments of reopening the public hearing for the Circulation
Element, Mr. Mark Broderick, Temecula, representing Rainbow Canyon Village Homeowners
Association, expressed concern with Rural Preservation Area No. 4 (Rainbow Canyon and
Great Oak Ranch - south of Pechanga Parkway east of Rainbow Canyon Road adjacent to the
Pechanga Casino), sharing concern with the destruction of the hillside and relaying the desire to
include this hillside area in the Rural Preservation Area NO.4 in order to maintain the natural
resources and the aesthetics of this area.
City Clerk Jones referenced the receipt of two letters.
At this time, the public hearing was closed.
In response to the Mayor's request, the consultant and staff reyiewed each request, noting the
following:
Reauest No. 1 5-acre sliver of property on the east side of Mar!larita Road to chan!le
from Public Institutional to Professional Office both the CAC and Plannin!l Commission
have supported the reauest
. that the site of discussion will be a challenging site
Mayor Pro Tem Roberts noted that an easement would be required to accommodate the
pedestrian bridge.
Because this would not be the appropriate time to address details, Councilman Naggar
suggested that this designation change be reyiewed with a project and offered the following
motion:
MOTION: Councilman Naggar moyed to retain the existing General Plan designation of
Public Institutional. Mayor Pro Tem Roberts seconded the motion. (Additional discussion
ensued prior to the vote; see below.)
Councilman Washington expressed his support of the CAC's and Planning Corn mission's
recommendation.
At this time, the electronic vote for the previously made motion reflected approval with
the exception of Councilman Washington who voted .!!.Q..
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Request No.2
PreYiously discussed; see pages 11-12.
Request No.3 9 acres at the corner of Marqarita Road and Solana Way to chanqe from
Medium Density to a combination of Professional Office and Open Space - both the CAC
and the PlanninQ Commission have supported the reauest
. that the net affect of the proposed change would be a reduction of 70 units.
Councilman Washington expressed his support of the request.
MOTION: Councilman Washington moyed to approye the requested change. The motion was
seconded by Councilwoman Edwards. (Additional discussion ensued prior to the vote; see
below.)
Echoing Councilman Washington's comment of support, Councilwoman Edwards noted that the
proposed request would be an improyement for the location.
For Mayor Pro Tem Roberts, staff proYided clarification as to the location of the Professional
Office zone and the Open Space zone.
Both Mayor Pro Tem Roberts and Councilman Naggar expressed their support of the request.
At this time, the electronic vote on the previously made motion reflected unanimous
approval.
Reauest No.4 22-acre site between Butterfield Staae Road and Walcott Lane to chanQe
from Very Low Densitv to Low Density (112-acre lots) not supported bv the CAC and the
Planninq Commission
. that the net affect of the change would be an addition of 35 units.
Although supporting the Yz-acre lot product in order to meet these needs, Councilman Naggar
reiterated his preYiously made statement to reyiew a project prior to a General Plan Amendment
and stressed that the Yz-acre lot should be useable, not including slope.
MOTION: Councilman Naggar moyed to retain the existing General Plan designation of Very
Low Density. The motion was seconded by Councilwoman Edwards. (Additional discussion
ensued prior to the vote; see below.)
Although supporting the Yz-acre lot product, Councilman Washington expressed support of the
motion to reyiew the request along with a project.
At this time, the electronic vote on the previously made motion reflected unanimous
approval.
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Reauest No.5 18-acre site on the south side of Nicolas Road between Calle Medusa
and Calle Girasol to chanae from Very Low Density to Low Medium Density - not
supported by the CAC or the Planninq Commission
. that the net affect of the change would be the addition of 72 units.
MOTION: Councilman Naggar moyed to retain the existing General Plan designation of Very
Low Density. The motion was seconded by Councilwoman Edwards and electronic yote
reflected unanimous approyal.
Reauest No.6 narrow 7 -acre site south of Temecula Creek Villaae to chanae from Open
to somethina developable - not supported by the CAC or the Planninq Commission
. that the Planning Commission supported the concept of incorporating the property into
the Temecula Creek Village project for an appropriate open space use.
Mayor Comerchero noted that this site could possibly foresee some form of deyelopment such
as storage facilities.
MOTION: Councilman Naggar moyed to retain the existing General Plan designation of Open
Space. The motion was seconded by Councilwoman Edwards and electronic yote reflected
unanimous approyal.
Reauest No.7
Preyiously discussed; see pages 13-14.
Reauest No. 8 52-acre site wet of the Temecula Education Proiect to chanqe from
Industrial Park to a combination of Community Commercial. Medium Density. and Hiah
Density - not supported by the CAC or the Plannina Commission
MOTION: Councilman Naggar moyed to retain the existing General Plan designation of
Industrial Park. The motion was seconded by Councilwoman Edwards and electronic yote
reflected unanirnous approyal.
Reauest No. 9 - 32-acre site southwest of the Temecula Education Proiect to chanae
from Industrial Park to either Medium Density or Hiah Density not supported by the
CAC or the Plannina Commission
MOTION: Mayor Comerchero moyed to retain the existing General Plan designation of
Industrial Park. The motion was seconded by Councilman Naggar and electronic yote reflected
unanimous approyal.
Reauest No. 10 -18-acre site on the west side of Butterfield Staae Road to chanae from
Very Low Density to a combination of Low Density and Low Medium Density supported
by the CAC and the Plannina Commission
. that the net affect of the proposed change would be the addition of 14 units
. that the proposed request will not exceed the Margarita Village Specific Plan threshold
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MOTION: Mayor Pro Tem Roberts moyed to approye the requested change. Councilman
Washington seconded the motion and electronic yote reflected unanimous approval.
Reauest No. 11 3 acres at the northwest corner of Maraarita and Dartola Road to
chanae from Professional Office to Community Commercial - not supported bv the CAC
or the Planninq Commission
MOTION: Councilman Naggar moyed to retain the existing General Plan designation of
Professional Office. The motion was seconded by Counciiman Naggar and electronic yote
reflected unanimous approyal. .
Reauest No. 12 - Commercial Shoppina Center at the corner of Nicolas Road and
Winchester Road
. that this request was originally supported by the CAC and the Planning Commission and
was processed as a General Plan Amendment by the City Council in 2004.
. that no Council action is required
Reauest No. 13 305-acre Temecula Creek Inn property current desianation on the site
is Open Space with a Recreational Commercial Overlay: reauest was to add Low Medium
Density Residential and to specify a future specific plan overlay containina sinale-familv
residential units: neither the CAC nor the Plannina Commission supported the reauest
for some Low Medium Density Residential on some of the property: however. the
Plannina Commission did approve a small part of the reauest bv includina the area of
Temecula Creek Inn as a future specific plan overlav area for any non-resort related
uses: the Commission also recommended that an additional General Plan Amendment
not be reauired for these non-resort uses
From a community point of Yiew, Councilman Naggar questioned whether it would be fair to
proceed with a General Plan Amendment or whether it should be considered as a project.
Viewing this as an economic deyelopment issue, Councilwoman Edwards yoiced concurrence
with the Planning Commission's recommendation.
For Councilrnan Washington, Mr. Sarn Alhadeff, Temecula, confirmed that he had requested the
addition of restaurants and conference center.
Although Yiewing the economic deyelopment of a business not necessarily as a responsibility of
the City Council, Councilman Washington expressed support of creating an enyironment in
which business may be successful and expressed an oyerall support of this request.
HaYing met with the owner of Temecula Creek Inn, Mayor Pro Tem Roberts relayed his support
of a General Plan Amendment.
Concurring with Mayor Pro Tem Roberts, Mayor Comerchero as well suggested the inclusion of
restaurants and conference center uses. Although expressing support of the request with the
inclusion of the restaurant and conference center uses, Mr. Comerchero recommended the
remoyal of the Planning Commission's recommendation to bypass the General Plan
Amendment process.
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MOTION: Mayor Comerchero moyed to approye the recommendation of the Planning
Commission with the exception of the remoyal of the General Plan Amendment. The motion
was seconded by Councilman Washington and electronic yote reflected unanimous approyal.
MOTION: Councilman Naggar moyed to extend the meeting to 12 midnight. The motion was
seconded by Councilwoman Edwards and yoice yote reflected unanimous approval.
Reauest No. 14 - 2-acre site at the northeast corner of Hiahway 79 South and Jedediah
Smith Road to chanae from Very Low Density to Professional Office not supported by
the CAC or Plannina Commission
MOTION: Councilrnan Naggar moyed to retain the existing General Plan designation of Very
Low Density. Mayor Comerchero seconded the motion and electronic yote reflected unanimous
approyal.
The following requests were submitted after the CAC provided its recommendation to the
Planning Commission and City Council.
Reauest No. 15
Has been withdrawn.
Reauest No. 16 to chanae a six-acre site on the east side of Winchester Road at Rustic
Glen Drive from Neiahborhood Commercial to Professional Office with the intent. as per
the owner, to develop a senior housina proiect the Plannina Commissioner supported
the concept of a senior housinq project but was unwillina to recommend approval of the
reauest without the review of a specific project
MOTION: Councilman Naggar moyed to retain the existing General Plan designation of
Neighborhood Commercial. Mayor Pro Tem Roberts seconded the motion and electronic yote
reflected unanimous approyal.
Reauest No. 17 3-acre site located at the southeast corner of Ynez"Road and Tierra
Vista to chanae the Land Use Desianation from Professional Office to Hiqh Density
Residential the Plannina Commission has recommended Medium Density
. that the net affect with the proposed change to High Density would be the addition of 36
units
. that a conceptual project has been shared with staff
. that there are existing flag lots
· that Professional Office would permit a high-density senior housing project
Considering the close proximity of the site of discussion to the Duck Pond, Councilman Naggar
noted that additional parking is needed at the Duck Pond and questioned whether a General
Plan Amendment would increase this property's yalue.
MOTION: Councilman Naggar moyed to retain the existing General Plan designation of
Professional Office. Mayor Pro Tem Roberts seconded the motion and electronic yote reflected
unanimous approyal.
R:\Minutes\041205
21
Reauest No. 18 - 2-acre site on Pauba Road west of the two Neiahborhood Commercial
properties to chanae from Verv Low Density to Neiahborhood Commercial and remove
the property from the Chaparral Area the Plannina Commission did not support the
reauest
Councilman Naggar, echoed by his fellow Councilmembers, again reiterated his desire to reyiew
a project to ensure it would be compatible to adjacent uses.
Because of the close proximity of the school, Mayor Pro Tem Roberts requested that those
restrictions imposed on the existing business be imposed on any future project.
MOTION: Councilman Naggar moyed to retain the existing General Plan designation of Very
Low Density. Councilman Washington seconded the motion and electronic yote reflected
unanimous approyal.
Other Recommended Chanaes
Remove the property for Land Use Reauest No. 2 from the Nicolas Valley Rural
Preservation Area
MOTION: With regard to Request No.2, Councilman Naggar moyed to retain the 72 acres at
the corner of Nicolas Road and Via Lobo in the Nicola Valley Rural Preservation Area. The
motion was seconded by Councilwoman Edwards and electronic yote reflected approyal with
the exception of Mayor Comerchero who abstained.
South side of Jefferson Avenue Corridor
HaYing discussed this item with Director of Housing and Redeyelopment Director of Housing
and Redevelopment Meyer, Mayor Comerchero noted that the addition of the following
language is being recommended:
. that specific language be added to call for further analysis of the lower Jefferson Ayenue
Corridor.
MOTION: Mayor Comerchero moyed to add the aboye-mentioned language with regard to the
Jefferson Ayenue Corridor. The motion was seconded by Councilman Naggar and electronic
vote reflected unanimous approyal.
Proyiding a brief recap of the General Plan process, Councilrnan Naggar thanked the City's
consultant, staff, Community AdYisory Committee, Planning Commission, the community, and
his Council colleagues on a job well done.
With regard to the Chaparral Policy, Councilman Naggar noted that he would yiew it as too
dense.
In response to Principal Planner Hogan, the following motion was offered:
MOTION: Councilman Naggar moyed to accept the recommended additional Airport Land Use
Commission policies. The motion was seconded by Councilwoman Edwards and yoice yote
reflected unanimous approyal.
R:\MinulesI04120S
22
,
MOTION: Councilman Naggar moyed to adopt Resolution Nos. 05-43 and 05-44. The motion
was seconded by Councilman Washington and electronic yote reflected unanimous approyal.
Echoing Councilrnan Naggar, Mayor Comerchero thanked all those inyolyed in the process.
CITY MANAGER'S REPORT
No additional comment.
CITY ATTORNEY'S REPORT
City Attorney Thorson adyised that there were no reportable actions with regard to Item Nos. 1
and 2. With respect to Closed Session Item No.3, Mr. Thorson adyised that the City Council
had approved an agreement with the County of Riyerside to settle the City's litigation,
challenging the Riyerside County Integrated Project. The yote was three in fayor, none
opposed, and Mayor Comerchero and Mayor Pro Tem Roberts had not participated in the yote.
Mr. Thorson noted that the Settlement Agreement requires the City and County to amend its
General Plans to prohibit issuing building permits until housing projects' affects on major
arterial roads are fully mitigated; that the Agreement as well calls for a freeway study to
examine the affects of new housing on Western Riyerside County freeways; and that a
summary of the Settlement Agreement and a copy of Settlement Agreement will be ayailable
tomorrow morning.
ADJOURNMENT
At 12:15 A.M., the City Council meeting was formally adjourned to a regular meeting on
Tuesday, April 26, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park
Driye, Temecula, California.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
R:\MinutesI041205
23
ITEM 4
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINp)CE
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Genie Roberts, Director of Finance ~
May 10, 2005
DATE:
SUBJECT:
City Treasurer's Report as of March 31, 2005
PREPARED BY:
Karin Grance, Reyenue Manager
Shannon Domenigoni, Accountant
RECOMMENDATION:
March 31, 2005.
That the City Council receiye and file the City Treasurer's Report as of
DISCUSSION: Goyernment Code Sections 53646 and 41004 require reports to the
City Council regarding the City's inyestment portfolio, receipts, and disbursements respectively.
Attached is the City Treasurer's Report that proYides this information.
The City's inyestment portfolio is in compliance with Goyernment Code Sections 53601 and 53635
as of March 31 , 2005.
FISCAL IMPACT:
None
Attachments:
City Treasurer's Report as of March 31, 2005
Cash Activity for the Month of March:
Cash and Investnrnts as of March 1, 2005
Cash Receipts
Cash Disburserr:cnts
Cash and InveslIJrnts as of March 31, 2005
Cash and Investments Portfolio:
Type of Investrr:cnt
General Checking
Flex Benefit Demmd Deposits
Checking Account - Parking Citations
Local Agency Inve!'lrr:cnt Fund
Certificate of Deposit - Retention Escrow
Certificate of Deposit - Retention Escrow
Petty Cash
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Federal Agency- Callable
Bond Fund - CFD 88-12
(Money Market Account)
Delinquency Maintenance Account - CFD 88-12
(Investrr:cnt Agreerrrnt)
Delinquency Maintenance Account - CFD 88-12
(Money Market Account)
Reserve Fund - CFD 88-12
(Invemn:nt Agr~rrrnt)
Special Tax Fund - CFD 01-2
(Money Market Account)
Admin Expense Fund - CPD 01-2
(Malley Market Accoullt)
Variable Bond Fund - CFD 01-2
(Money Market Account)
Interest Differential Fund - CFD 01-2
(Money Market Account)
lIIl'roverrrntFund - CFD 01-2
(Money Market Account)
Special Tax Fund. CFD 03-1
(Money Market Account)
Bond Fund - CFO 03-1
(Money Market Account)
Capital Interest Fund - CFD 03-1
(Money Market Account)
Reserve Fund - CPD 03-1
(Investrrrnt Agreement)
City IrqJfovement Fund - CPO 03-1
(Money Market Account)
City IITFrovem:nt Fund. CFD 03-1
(Local Agency InveslIJrnt Fund)
City of Temecula
City Treasurer's Report
As of March 31, 2005
Institution
Union Bank
Union Bank
Union Bank
State Treasurer-LAIF
ComtIllnity National Bank
California Bank & Trust
City Hall
Federal Home Loan Bank
Federal Harre Loan Bank
Federal Harre Loan Bank - BDS
Federal Horre Loan Bank - BDS
Federal Harre Loan Bank
Federal Harre Loan Bank - BDS
Federal Harre Loan Bank - BDS
Federal Harre Loan Bank - BDS
Federal Harre Loan Bank - BDS
Federal Harre Loan Bank - BDS
Federal Home Loan Bank - BDS
Federal Harre Loan Bank. BDS
Federal Harre Loan Bank - BDS
Federal Harre Loan Bank
Federal Harre Loan Mortgage Co
Federal Harre Loan Mortgage Co
U.S. Bank (First Am Treasury)
CDClIXIS Funding Corp
u.s. Bank (First Am Treasury)
CDCIIXIS Funding Corp
U.S. Bank (First Am Treasury)
u.s. Bank (Fir!'i Am Treasury)
U.s. Bank (First Am Treasury)
u.s. Bank (First Am Treasury)
u.s. Bank (Fir!'i Am Treasury)
U.s. Bank (First Am Treasury)
U.S. Bank (First Am Treasury)
U.S. Bank (First Am Treasury)
Aig Match Fed Corp Ref
U.S. Bank (First Am Treasury)
State Treasurer-LAIF
Page 1
Yield
nia
nia
nia
2.542 %
nia
ni.
n/.
1.885 %
2.500 %
3.000 %
3.000 %
3.000 %
3.070 %
3.100 %
3.125 %
3.150 %
3.300 %
3.520 %
3.785 %
3.850 %
2.250 %
2.000 %
3.750 %
1.990 %
5.430 %
1.990 %
5.430 %
1.990 %
1.990 %
1.990 %
1.990 %
1.990 %
1.990 %
1.990 %
1.990 %
4.830 %
1.990 %
2.542 %
Purchase
Date
Maturity/
Termination
Date
Market
Value
6/26/2003 1123/2006 985.940
7/16/2003 8/14/2006 1.963.760
4n12004 In12008 2,843,613
4/22/2004 1/22/2008 1,939,380
3/29/2004 12/2812007 3,881,240
4/1512004 1/1512008 1,943,120
4/812004 1/812008 2,967,070
4/16/2004 1/1612008 973,130
4/1412004 1/1412008 974.060
2/28/2005 2/28/2006 996,560
4/3012004 1/3012008 1,965,620
3/28/2005 12/28/2006 996.880
3123/2005 3/23/2007 995.000
6/26/2003 7/'JA/2006 979.690
6/6/2003 6/3012006 977.920
3/412005 8/312007 991,330
9/1/2017
9/1/2017
$
131.006.875
5.136.1(16
(1O.670.'JA3)
125,572,898
$
$
Par/Book
Balance @ 03/31/05
2.315.706 (1)
6.821 (1)
8,523
54.195.533 (2)
28,667
90,151
1.500
987.500
1,975,620
2,852,894
1,951,260
3,907,520
1,956,880
2,988,054
980,000
980,940
1.000.000
1,983,760
1.000.000
1.000.000
983,75U
979,800
1,000,000
170
500.000
592,446
1,531,469
588,714
752.018
7.607
132.382
2.815.977
86,770
20,644
32
863,900
171,460
1.'JA2.008
Cal Trans Inyrove~nt Fund - CFD 03-1
(Money Market Account)
Cal Trans Inyrove~nt Fund - CFD 03-1
(Local Agency Investm:nt Fund)
Acquisition Account Fund - CFD 03-1
(Money Market Account)
Acquisition Account Fund - CFD 03-1
(Local Agency Investm:nt Fund)
Special Tax Fund - CFD 03-03
(Money Market Account)
Bond Fund - CFD 03-3
(Money Market Account)
Capital Interest Fund. CFD 03-3
(Money Market Account)
Capital Interest Fund - CFD 03-3
(Local Agency Investrn::nt Fund)
Reserve Fund - CFD 03-3
(Invest~nt Agree~n1)
City Inyrovern::n1 Fund - CFD 03-3
(Money Market Account)
City Inf'rove~llt Fund - CFD 03-3
(Local Agency Invest~nt Fund)
EMWD Irrprove~nt Fund - CFD 03-3
(Money Market Account)
EMWD Inyrovern::nt Fund - CFD 03-3
(Local Agency Illvestrn::nt Fund)
Acquisition Account Fund - CFD 03-3
(Money Market Accoullt)
Acquisition Account Fund - CFD 03-3
(Local Agency Investrn::nt Fund)
Capital Interest Fund - CFD 03-06
(Money Market Account)
Reserve Fund - CFD 03-06
(Money Market Account)
City Inyrovern::nt Fund - CFD 03-06
(Money Market Account)
Redenl'tioll Fund - AD 03-04
(Money Market Account)
Admin Expense Fund - AD 034
(Money Market Account)
Reserve Fund - AD 03-04
(Money Market Account)
Interest Account - RDA TABs
(Money Market Account)
Reserve Account - RDA TABs
(Surety Bond)
Project Account - RDA TABs
(Money Market Account)
Project Account-RDA TABs
(Local Agency Investm:nt Fund)
Instalhrent Payrn::nt Fund - TCSD COPs
(Money Market Account)
Project Fund - TCSD COPs
(Money Market Account)
Project Fund - TCSD COPs
(Local Agency Inve5tIn:nt Fund)
City of Temeculll
City Treasurer's Report
As of March 31, lAJ05
U.S. Bank (First Am Treasury) 1.990 %
State Treasurer-LAIF 2.542 %
U.S. Bank (First Am Treasury) 1.990 %
State Treasurer-LAIF 2.542 %
U.S. Bank (First Am Treasury) 1.990 %
U.S. Bank (First Am Treasury) 1.990 %
U.S. Bank (First Am Treasury) 1.990 %
State Treasurer-LAIF 2.542 %
CDOIXIS Funding Corp 3.000 %
U.S. Bank (First Am. Treasury) 1.990 %
State Treasurer-LAIF 2.542 %
U.S. Bank (First Am Treasury) 1.990 %
State Treasurer-LAIF 2.542 %
U.S. Bank (First Am 'fteasury) 1.990 %
State Treasurer-LAIF 2.542 %
U.S. Bank (First Am Treasury) 1.990 %
U.S. Bank (First Am Treasury) 1.990 %
U.S. Bank (First Am Treasury) 1.990 %
U.S. Bank (First Am Treasury) 1.990 %
U.S. Bank (First Am Treasury) 1.990 %
U.S. Bank (First Am Treasury) 1.990 %
U.S. Bank (First Am Treasury) 1.980 %
MBIA Surety Bond nt.
U.S. Bank (First Am Treasury) 1.990 %
State Treasurer-LAIF 2.542 %
U.S. Bank. (First Am Treasury) 1.990 %
U.S. Bank. (First Am Treasury) 1.990 %
State Treasurer-LAIF 2.542 %
8/31/2034
(1)- TIlis aroount is net of outstanding checks.
(2)-At March 31. 2005 total market value (including accrued interest) for the Local Agency Investrn::nt Fund (LAIF) was $51.345,566,790.
The City's proportianate share of that value is $54,004,029.
AIl investm:nts are liquid and currently available.
TIle City of Tern::cula's portfolio is in conyliance with the inve&n"rnt policy,
Adequate funds will be available to rn::et budgeted and actual expenditures of the City for the next si.... mmths.
Page 2
509,961
5.912
1.339
1,299,699
606,999
43,669
6,962
12
2,171,120
340
7,270,630
2,974
3,615.866
10,024
10,043,101
126,887
340,079
3,850,405
22,871
15.310
100,649
34
294
865,452
129,440
819
1,991,447
$ 125,572,898
CITY OF TEMECULA
CASH AND INVESTMENT REPORT
MARCH 2005
001
100
101
120
140
150
160
165
170
190
192
193
194
195
196
210
261
271
273
274
275
276
280
300
310
320
330
340
380
390
460
470
473
474
475
476
GENERAL FUND
STATE GAS TAX FUND
STATE TRANSPORTATION FUND
DEVELOPMENT~PACTFUND
COMMUNITY DEV BLOCK GRANT
AB 2766 FUND
AB 3229 COPS
RDA DEV LOWIMOD 20% SET ASIDE
MEASURE A FUND
TEMECULA COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL "B" STREET LIGHTS
TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
TCSD SERVICE LEVEL "D" REFUSElRECYCLING
TCSD SERVICE LEVEL "R" STREETIROAD MAINT
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
CAPITAL IMPROVEMENT PROJECT FUND
CFD 88-12 ADMIN EXPENSE FUND
CFD 01-2 HARVESTON IMPROVEMENT FUND
CFD 03-1 CROWNE HILL ~PROVEMENT FUND
AD 03-4 JOHN WARNER ~PROVEMENT FUND
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
REDEVELOPMENT AGENCY - CIP PROJECT
INSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
RDA 2002 TABS DEBT SERVICE
TCSD 2001 COP'S DEBT SERVICE
CFD 88-12 DEBT SERVICE FUND
CFD 01-2 HARVESTON DEBT SERVICE FUND
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
GRAND TOTAL
Fund Total
21,131,985.26
351,655.70
1,389.02
13,540,517.05
7,726.51
210,284.39
320.44
8,963,257.86
5,405,483.32
476,788.65
61,805.90
157,831.74
58,833.12
27,518.82
391,238.23
25,859,484.88
8,025.12
2,828,904.98
3,230,444.94
85,109.36
21,002,934.75
3,850,405.47
3,614,090.30
1,377,564.77
125,151.39
517,853.07
176,126.21
46,652.00
1,933,970.12
132,916.64
3,409,635.78
1,934,712.53
1,057,584.99
153,177.38
2,932,824.28
508,694.13
125,572,899.10
ITEM 5
APPROVAL
CITY ATTORNEY
DIR. OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Council
FROM:
Genie Roberts, Director of Finance pf-
DATE:
May 10, 2005
SUBJECT:
Contract for Audit Services for the Fiscal Years Ended June 30, 2005,
2006 and 2007.
PREPARED BY: Jason Simpson, Assistant Finance Director ~
RECOMMENDATION: That the City Council appoint Diehl, Evans & Company to continue
to serve as the City's auditors for the Fiscal Years ended June 30,2005,2006 and 2007.
DISCUSSION: On May 14, 2002, the City authorized the selection of a new firm, Diehl,
Evans and Company, to serve as the City's auditors under a three-year contract, ending June
30, 2004. Prior to this time, Moreland and Associates had served as the City's auditors since
1992.
During the last three years, Diehl, Evans and Company has been a valuable resource to the
City by providing consistent, professional and reliable financial expertise. The firm's
management and staff respond timely to issues and have met all City established deadlines.
Furthermore, the firrn assisted the City with implementing a new financial reporting model as
required by the new GASB 34 guidelines.
The proposed audit fees have been reduced by 5.5% over the prior year (total of $41,500) due
to a reduction in the charge for preparation of the City's Comprehensive Annual Financial
Report. The proposed fees are as follows:
Fiscal Year Ending June 30,
Basic Audit
Additional Services'
Total Audit Service
Fees
2005
$26,300
$12.900
$39.200
2006
$27,025
$13.275
$40.300
2007
$27,850
$13,650
$41.500
. Preparation of the City's Comprehensive Annual Financial Report and State Controller' s
Report, the Redevelopment Agency's State Controller's Report, and Statement of
Indebtedness.
FISCAL IMPACT: Funds for the proposal have been budgeted in both the Finance
Department and Redevelopment Agency proposed FY 2005/06 budget under consulting
services line items.
FIN04-17
AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF TEMECULA
AND DIEHL, EVANS & COMPANY, LLP
FOR AUDIT SERVICES
THIS AGREEMENT is made and effectiye as of May 10, 2005, between the City
of Temecula, a municipal corporation ("City") and Diehl, Evans & Company, LLP
("Consultant"). In consideration of the mutual coyenants and conditions set forth herein, the
parties agree as follows:
1. TERM. This Agreement shall commence on May 10, 2005 and shall
remain and continue in effect until tasks described herein are completed, but in no eyent later
than June 30, 2007, unless sooner terminated pursuant to the proYisions of this Agreement.
2. SERVICES. Consultant shall perform the seryices and tasks described
and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Consultant shall complete the tasks according to the schedule of performance which is also set
forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all time faithfully, cornpetently and
to the best of his or her ability, experience, and talent, perform all tasks described herein.
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in proYiding similar seryices as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment
rates and terrns and the schedule 0 f 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 aboye tasks. Any terms in Exhibit B other than the
payment rates and schedule of payment are null and yoid. This amount shall not exceed Thirty
Nine Thousand Two Hundred Dollars and No Cents ($39,200.00) for the first year, Forty
Thousand Three Hundred Dollars and No Cents ($40,300.00) for the second year, and Forty
One Thousand Five Hundred Dollars and No Cents ($41,500.00) for the third year of the
Agreement unless additional payment is approyed as proYided in this Agreement.
b. Consultant shall not be cornpensated for any seryices rendered in
connection with its perforrnance of this Agreement which are in addition to those set forth
herein, unless such additional seryices are authorized in adyance and in writing by the City
Manager. Consultant shall be compensated for any additional seryices in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is giyen to Consultant for the performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement, but in no event shall the total sum of the agreement (basic agreement amount
and contingency amount) exceed twenty-fiye thousand dollars ($25,000.00). Any additional
work in excess of this amount shall be approyed by the City Council.
P:\Finance\ContractsA-L.2004\Diehl Evans.Audit Srvcs.2005
AIC/t'l~
c. Consultant will submit inyoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
seryices proyided in the previous month. Payment shall be made within thirty (30) days of
receipt of each inyoice as to all non-disputed fees. If the City disputes any of consultant's fees it
shall giye written notice to Consultant within 30 days of receipt of a invoice of any disputed fees
set forth on the inyoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serying upon the consultant, at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice proyides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not rnake void or
invalidate the remainder of this Agreement.
b. In the eyent this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual yalue of the work performed up to the time of terrnination,
provided that the work performed is of yalue to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall haye no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
perforrnance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serye the
Consultant with written notice of the default. The Consultant shall have (10) days after seryice
upon it of said notice in which to cure the default by rendering a satisfactory performance. In
the event that the Consultant fails to cure its default within such period of time, the City shall
have the right, notwithstanding any other proYision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it rnay be
entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to perrnit an eyaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreernent. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
P:\Finance\ContractsA-L.2004\Diehl Evans.Audit Srvcs.2005
4/8105
b. Upon completion of, or in the eyent of termination or suspension of this
Agreement, all original financial reports including computer files containing data generated for
the work, suryeys, notes, and other documents prepared in the course of providing the seryices
to be perforrned pursuant to this Agreement shall becorne the sole property of the City and rnay
be used, reused or otherwise disposed of by the City without the permission of the Consultant.
With respect to cornputer files containing data generated for the work, Consultant shall rnake
available to the City, upon reasonable written request by the City, the necessary cornputer
software and hardware for purposes of accessing, cornpiling, transferring and printing cornputer
files.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify,
protect and hold harrnless the City, its officers, officials, ernployees and yolunteers from and
against any and all claims, demands, losses, defense costs or expenses, including attorney fees
and expert witness fees, or liability of any kind or nature which the City, its officers, agents and
employees may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Consultant's negligent or wrongful acts or
ornissions arising out of or in any way related to the perforrnance or non-performance of this
Agreement, excepting only liability arising out of the negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain
for the duration of the contract insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the work hereunder by
the Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coyerage shall be at least as broad as:
(1) Insurance Seryices Office Comrnercial General Liability forrn
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coyerage form CA 00
01 06 92 coyering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsernent
to the General Liability policy described aboye is acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Ernployer's Liability Insurance. If the Consultant has
no employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall
execute a declaration that it has no ernployees.
(4) Professional Liability Insurance shall be written on a policy forrn
proYiding professional liability for the Consultant's profession.
b. Minirnum Limits of Insurance. Consultant shall maintain limits no less
than:
(1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate lirnit shall apply separately to
this projecVlocation or the general aggregate limit shall be twice
the required occurrence limit.
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(2) Autornobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident
for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approyed 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 yolunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related inyestigations, clairn administration
and defense expenses.
d. Other Insurance Provisions. The general liability and autornobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees and volunteers are to be
coyered as insured's as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and
cornpleted operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coyerage shall
contain no special limitations on the scope of protection afforded
to the City, its officers, officials, ernployees or yolunteers.
(2) For any claims related to this project, the Consultant's insurance
coyerage shall be primary insurance as respects the City, its
officers, officials, employees and yolunteers. Any insurance or
self-insured maintained by the City, its officers, officials,
ernployees or yolunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coyerage
proYided to the City, its officers, officials, employees or yolunteers.
(4) The Consultant's insurance shall apply separately to each insured
against whorn claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coyerage or in lirnits except after thirty (30)
days' prior written notice by certified rnail, return receipt requested,
has been giyen to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Consultant shall furnish the City with original
endorsernents effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coyerage on its behalf. The endorsements are to
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be on forms provided by the City. All endorsements are to be receiyed and approyed by the
City before work commences. As an alternatiye to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the seryices under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall haye control oyer the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, ernployees or agents are in any manner officers, ernployees or agents of the City.
Consultant shall not incur or haye the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be ayailable to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as proyided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing seryices hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed
of all local, State and Federal ordinances, laws and regulations which in any manner affect
those employed by it or in any way affect the performance of its seryice pursuant to this
Agreement. The Consultant shall at all times observe and comply with all such ordinances,
laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Consultant to comply with this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
yoluntarily proYide 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" proyided Consultant giyes City notice of such court
order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be seryed with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for adrnissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. Howeyer, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
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13. NOTICES. Any notices which either party may desire to giye 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 deliyery seryice, such as but not limited to, Federal
Express, that proYides 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 deliyery to the addresses specified below or on the third
business day following deposit with the document delivery service or United States Mail as
provided aboye.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Diehl, Evans & Cornpany, LLP
Attn: Nitin P. Patel
2121 Alton Parkway Ste 100
Irvine, CA 92606-4956
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreernent, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment
for actual services performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Council and the Consultant.
15. LICENSES. At all times during the term of this Agreement, Consultant
shall haye 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 Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also goyern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction oyer 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 preyailing 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 haye 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
eyent any such interest is discovered whether or not such interest is prohibited by law or this
Agreement.
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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
staternents, 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 Consultant warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto haye caused this Agreement to be
executed the day and year first aboye written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Diehl, Evans & Company, LLP
Attn: Nitin P. Patel
2121 Alton Parkway Ste 100
Irvine, CA 92606-4956
Phone 949-399-0600
Fax 949-399-0610
www.diehlevans.com
By:
Name:
Title:
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EXHIBIT A
TASKS TO BE PERFORMED
All tasks as per the attached proposal provided by the Consultant attached hereto and
incorporated herein as though set forth in full.
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EXHIBIT B
PAYMENT RATES AND SCHEDULE
Payment schedule as per attached proposal supplied by the Consultant attached hereto and
incorporated herein as though set forth in full.
P:\Finance\ContractsA-L2004\Diehl Evans.Audit Srvcs.2005
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'" ..
Ij)
DIEHL, EVANS &. COMPANY, LLP
CERTIFIED PUBLIC ACCOUNTANTS &: CONSULTANTS
2121 ALTON PARKWAY, SUITE 100
IRYlNE, CALIFORNIA 92606-4956
(949) 399-0600. FAX (949) 399.{)61O
www.diehlevans.com
APR 04 Z005
MICHAEL R. LUDlN. CPA
CRAIG W. SPRAKER. CPA
NmN P.I'ATEL CPA
ROBERT J. CALLANAN. CPA
.PHILlP H. HOLTKAMP. CPA
.THOMAS M. PERLQWSKI. CPA
.HARVEY J. SCHROEDER. CPA
KENNETH R. AMES. CPA
A PARTNERSHIP INCLUDING ACCOUNTANCY CORPORATIONS
City of TemeCU\a
Finance
March 31, 2005
""...-....,l.
U~'~J!.
.
.A PROFESSrONALCORPORATlON
Ms. Genie Roberts
Director of Finance
City of Temecula
Post Office Box 9033
Temecula, CA 92589-9033
Dear Ms. Roberts:
In accordance with your request, we are submitting a quote to continue to provide Auditing Services
with the City of Temecula. We have submitted a quote for the three years ending June 30, 2007.
June 30, June 30, June 30.
2005 2006 2007
City:
Audit $ 21,000 $ 21,550 $ 22,200
CAFR Preparation 4,000 4,150 4,300
Gann Review 500 500 500
State Controllers Report 3,800 3,900 4,000
Redevelopment Agency:
Audit 2,500 2,575 2,650
Statement of Indebtedness 1,600 1,650 1,700
State Controllers Report 1,600 1,650 1,700
Single Audit 3,400 3,500 3,600
Trayel and Other Expenses 800 825 850
$ 39.200 $ 40.300 $ 41.500
We appreciate the opportunity to continue as auditors for the City of Temecula. We will be pleased to
discuss with you the contents of this letter or any other matters you may wish to discuss further.
Very truly yours,
t-J&-:- f. f td:&-
Nitin P. Patel
OTHER OFFICES AT:
2965 ROOSEVELT STREET
CARLSBAD, CALIFORNIA 92008-2389
(760) 729-2343 . FAX (760) 729-2234
613 W. VALLEY PARKWAY, SUITE 330
ESCONDIDO, CALIFORNIA 92025-2598
(760) 741-3141. FAX (760) 741-9890
ITEM 6
CITY OF TEMECULA
AGENDA REPORT
TO
City Manager/City Council
FROM:
Genie Roberts, Director of Finance
DATE:
May 10, 2005
SUBJECT:
Cooperation Agreement for Cornmunity Deyelopment Block Grant (CDBG)
Funds for Fiscal Years 2006 - 09
PREPARED BY:
Gus Papagolos, Fiscal Seryices Manager
RECOMMENDATION: That the City Council Authorize the City Manager to execute the
Cooperation Agreement for Cornmunity Deyelopment Block Grant Funds for Fiscal Years 2006-09.
DISCUSSION: The CDBG program is a federal grant program administered by the
Department of Housing and Urban Deyelopment (HUD) in which funding is allocated to the City
annually through the Economic Development Agency of Riyerside County. The CDBG funds may be
used for the support of actiyities that proYide affordable housing and suitable IiYing enyironments
and expanded economic opportunities principally for persons of low and moderate income.
This is the standard agreement similar to the one the City entered into in 2003. CDBG regulations
require counties to re-qualify as an Urban County under the CDBG program eyery three years,
therefore, the execution of this agreernent is necessary to include the City as a participating unit in
the County's CDBG program. Participation in the Urban County program makes the City eligible for
the same kind of CDBG funding it has receiyed in the preyious years. It is estimated that CDBG
funding leyels administered by the county during this cooperation agreernent will be between
$490,000 and $500,000 annually. The City's CDBG funding level for fiscal year 2005-06 is
$487,825 and is prograrnmed to fund ten (10) public service organizations and two (2) City capital
improyement construction projects as approyed by the City Council on January 11, 2005.
Although the City's population is oyer 50,000 staff has learned from HUD that it would not be
financially feasible to pursue submitting an application for entitlement which would allow the City to
receiye funding directly from HUD. This situation has been and will continue to be monitored closely
by staff as the City has been in discussion with the HUD Pacific Regional Office. The HUD Pacific
Regional Office in February proYided a funding outlook for the City using fiscal years 2004 and
2005. The analysis indicated that HUD funding forentjtled Cities were reduced by approxirnately 5%
between 2004 and 2005. Also, staff noted that HUD funding for entitled cities has diminished
annually since fiscal year 2002 and staff has been adyised that funding for 2006 will also be
reduced. This data is in contrast to what the City has experienced with preYious and projected
funding leyels through the Riyerside County Econornic Deyelopment Agency. During the same
periods the City's funding leyels haye increased between 2% and 3% annually. The reason for the
decline in funding is due to a rising Federal budget deficit and also, the manner in which HUD
calculates this formula by placing rnore weight on the low and moderately low income population.
Over the next seyeral years the City will continue to rnonitor the feasibility of making entitlement
application directly to HUD.
FISCAL IMPACT: The CDBG funds allocated to outside agencies have no impact on the City,
other than staff tirne needed to administer program requirements. It is projected that the City will
receiye a $6,000 increase from the prior year funding leyel for fiscal year 2005-2006.
Attachment: CDBG Cooperation Agreement
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CO-OPERATION AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDS
FOR FISCAL YEARS 2006-07, 2007-08, 2008-09
COUNTY OF RIVERSIDE of the State of California, hereinafter referred to as
"COUNTY", and City of Temecula an incorporated municipality within the geographical
boundaries of the COUNTY, hereinafter referred to as "CITY", mutually agree as follows:
WHEREAS, the Housing and Community Development Act of 1974, as amended
(Public Law 93-383), hereinafter called "ACT" provides that Community Development Block
Grant, hereinafter referred to as "CDBG", funds may be used for the support of actiyities that
provide decent housing and suitable living environments and expanded economic opportunities
principally for persons of low and moderate income; and
WHEREAS, the HOME program authorized by the HOME Investment Partnerships Act
(HOME) was enacted as Title II of the National Affordable Housing Act of 1990, has as its
purposes: to expand the supply of decent, affordable housing for low and very-low income
families with emphasis on rental housing; build State and local capacity to carry out affordable
housing programs, and provide for coordinated assistance to participants in the development of
affordable low-income housing; and
WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under
the CDBG program every three years; and
WHEREAS, the execution of this Agreement is necessary to include CITY as a
participating unit of general goyernment under COUNTY's Urban County CDBG and HOME
program.
NOW THEREFORE, in consideration of the mutual covenants herein set forth and the
mutual benefits to be derived there from, the parties agree as follows:
1.
GENERAL.
This Agreement gives COUNTY authority to undertake or assist in undertaking
activities for Fiscal Years 2006-07, 2007-08, 2008-09, which will be funded from the CDBG
Page 1 of 10
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program, the HOME Investment Partnership program, and from any program income generated
2 from the expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or
3. assist in undertaking, community renewal and lower income housing assistance activities,
4 specifically urban renewal and publicly assisted housing. COUNTY is qualified as an "Urban
5 County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election
6 to participate in an Urban County Community Development Block Grant program, hereinafter
7 referred to as "CDBG program".
8 By executing this Agreement, CITY understands that it may not apply for grants
9 from appropriations under the Small Cities or State CDBG Programs for fiscal years during the
10 period in which it participates in the Urban County's CDBG program and that CITY may
11 participate in a HOME program only through the Urban County not a consortium.
12
2.
TERM.
13 The term of this Agreement shall be for not less than a period of three (3) years
14 commencing on July I, 2006 and extending through the federal fiscal years 2006-2009, which
15 ends June 30, 2009, unless an earlier date of termination is fixed by U.S. Department of Housing
16 and Urban Development, hereinafter called HUD, pursuant to ACT. The terms of this
17 Agreement shall remain in effect until the CDBG (and HOME, where applicable) funds and
18 program income received with respect to actiyities carried out during the three-year qualification
19 period are expended and the funded activities completed, and that neither the COUNTY nor the
20 CITY may terminate or withdraw from the Co-operation Agreement while it remains in effect.
21
3.
PREPARATION
OF
FEDERALLY
REQUIRED
FUNDING
22 APPLICATIONS.
23 COUNTY, by and through its Economic Development Agency, subject to
24 approval of COUNTY's Board of Supervisors, shall be responsible for preparing and submitting
25 to HOD, in a timely manner those reports and statements required by the ACT and the federal
26 regulations promulgated by HUD to secure entitlement grant funding under the CDBG and
27 HOME program. This duty shall include the preparation and processing of COUNTY Housing,
28 Community and Economic Development Needs Identification Report, Citizen Participation Plan,
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the County Consolidated Plan, Consolidated Annual Performance and Evaluation Report and
other related programs which satisfy the application requirements of ACT and its regulations.
4. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND
OTHER APPLICABLE STATUTES, REGULATIONS AND
ORDINANCES.
(a) COUNTY and CITY will comply with the applicable provisions of the
ACT and those federal regulations promulgated by HUD pursuant thereto, as the same currently
exists or may hereafter be amended. The COUNTY and CITY will take all actions necessary to
assure compliance with COUNTY's certifications required by Section 104 (b) of Title I of ACT.
COUNTY and CITY will comply with the provisions of the National Environmental Policy Act
of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and
Title 24 Code of Federal Regulations part 570; the Fair Housing Act; Cranston-Gonzales
National Affordable housing Act (Public Law 101-625); Section 109 Title I of the Housing and
Community Development Act of 1974 (42 U.S.C.g5309); Executive Order 11063, as amended
by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.g4630, et. seq.) and other federal or state
statute or regulation that is applicable to the use of CDBG or HOME Investment Partnerships
Act (enacted as Title II of the National Affordable Housing Act of 1990) funds.
(b) City shall meet the requirements of Section 3 of the Housing and Urban
Development Act of 1968.
(c) CITY agrees that CDBG funding for activities in or in support of CITY
are prohibited if CITY does not affirmatively further fair housing within its own jurisdiction or
impedes COUNTY actions to comply with its fair housing certification.
(d) CITY and COUNTY shall meet the citizen participation requirements of
24 CFR 570.301 and provide citizens with:
1. The estimate of the amount of CDBG funds proposed to be used
for activities that will benefit persons oflow and moderate income; and
II
Page 3 of 10
I 2. A plan for minimizing displacement of persons as a result of
2 activities assisted with CDBG funds and to assist persons actually displaced as a result of such
3 activities.
4 3. A plan that provides for and encourages citizen participation, with
5 particular emphasis on participation by persons of low and moderate income who are residents of
6 slum and blighted areas and of areas in which funds are proposed to be used, and provides for
7 participation of residents in low and moderate income neighborhoods;
8 4. Reasonable and timely access to local meetings, information and
9 records relating to the grantee's proposed use of funds, as required by the regulations of the
10 Secretary, and relating to the actual use of funds under the ACT;
11 5. Provides for public meetings to obtain citizen views and to respond
12 to proposals and questions at all stages of the community development program, induding at
13 least the development of needs, the review of proposed activities and review of program
14 performance, which meetings shall be held after adequate notice, at times and locations
15 convenient to potential or actual beneficiaries, and with accommodation for the handicapped;
16 (e) CITY shall develop a community development plan, for the period of this
17 Agreement, which identifies community development and housing needs and specifies both short
18 and long-term community development objectives.
19 (f) CITY certifies, to the best of its knowledge and belief, that:
20 1. No Federal appropriated funds have been paid or will be paid, by
21 or on behalf of the CITY, to any person for influencing or attempting to influence an officer or
22 employee of any agency, a Member of Congress, an officer or employee of Congress, or an
23 employee of a Member of Congress in connection with the awarding of any Federal contract, the
24 making of any Federal grant, the making of any Federal loan, the entering into of any
25 cooperative agreement, and the extension, continuation, renewal, amendment or modification of
26 any Federal contract, grant, loan or cooperative agreement.
27 2. If any funds other than Federally appropriated funds have been
28 paid or will be paid to any person for influencing or attempting to influence an officer or
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employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The CITY shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants and contracts under grants, loans and co-operative agreements) and that all subrecipients
shall certify and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into.
(g) In accordance with Section 519 Public Law 101-144, (the 1990 HUD
Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting
the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is
enforcing applicable State and local laws against physically barring entrance to or exit from a
facility or location which is the subject of such non-violent civil rights demonstrations within its
jurisdiction.
5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTNES.
Policy and program objectives as required by applicable federal regulations for
the efficient administration of the CDBG program will be adopted by COUNTY's Board of
Supervisors, and COUNTY and CITY will adhere to said policy and program objectives.
6. OTHER AGREEMENTS.
Pursuant to federal regulations at 24 CFR 570.501(b), CITY is subject to the same
requirements applicable to subrecipients, including the requirement of a written agreement set
forth in federal regulations at 24 CFR 570.503. For each fiscal year during the term of this
Agreement, COUNTY and CITY shall enter into a Supplemental Agreement that will have a
term coinciding with a Program Year and enumerate the project(s) CITY will implement with its
entitlement funds. Said Supplemental Agreement will set forth the time schedule for completion
of said project(s) and any funding sources, in addition to entitlement funds, that will be used in
Page 5 of 10
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1 completing the project(s). If substantial compliance with the completion schedule, due to
2 unforeseen or uncontrollable circumstances, cannot be met by CITY, the schedule for the
3 project(s) may be extended. If substantial progress toward drawdown of funds is not made
4 during the term of the Supplemental Agreement, the entitlement funds associated with the
5 project(s) maybe reprogrammed by COUNTY after appropriate notice is giyen to the CITY.
6 COUNTY's decision not to extend the completion schedule associated with the project(s) or to
7 reprogram the entitlement funds associated with the project(s) will not excuse CITY from
8 complying with terms of this Agreement.
9 7. DETERMINATION OF PROJECTS TO BE FUNDED AND
10 DISTRIBUTION OF ENTITLEMENT FUNDS.
II CITY will, prior to the commencement of a Program Year, designate those
12 projects that it desires to implement with its entitlement funds, said designation to comply with
13 statutory and regulatory provisions governing citizen's participation. Said designation is to be
14 reviewed by the COUNTY's Economic Development Agency to determine that the project is
15 eligible under federal regulations for funding and inclusion in the annual Consolidated Plan's
16 Action Plan and consistent with both federal and COUNTY policy governing use of Community
17 Development Block Grant (CDBG) funds.
18 COUNTY's Board of Supervisors will, consistent with Paragraphs 3, 4, 5, 6 and 7
19 of this Agreement, determine the distribution and disposition of all CDBG funds received by
20 COUNTY pursuant to the Act.
21 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL.
22 CITY warrants that those officers, employees and agents retained by it and
23 responsible for implementing those projects funded by CDBG funds haye receiyed, reviewed and
24 will follow the Community Development Block Grant Manual that has been prepared by
25 COUNTY and, by this reference, said Manual is incorporated herein and made a part hereof.
26 9. REAL PROPERTY ACOUIRED OR PUBLIC FACILITY
27 CONSTRUCTED WITH CDBG FUNDS.
28 When CDBG funds are used, in whole or in part by CITY to acquire real property
Page 6 of 10
1 or to construct a public facility, CITY will comply with the National Environmental Policy Act
2 of 1969 (42 U.S.C. 994321, et seq.), the California Environmental Quality Act (Cal. Pub.
3 Resources Code 9921000, et seq.), the Uniform Relocation Assistance and Real Property
4 Acquisition Policies Act of 1970 (42 U.S.C. 994630, et seq.), California Government Code
5 Sections 7260 et seq., as those Acts may be amended from time to time and any federal or state
6 regulations issued to implement the aforementioned laws.
7 In addition, the following is to occur:
8 (a) Title to the real property shall vest in CITY;
9 (b) The real property will be held by or the constructed facility will be
10 maintained by the CITY until five years after the date that the CITY is no longer participating
11 with the County in the CDBG entitlement program and is no longer considered by HUD to be a
12 part of the Urban County CDBG program.
13 (c) While held by CITY, the real property or the constructed facility is to be
14 used exclusively for the purpose for which acquisition or construction was originally approved
15 by COUNTY;
16 (d) CITY shall provide timely notice to COUNTY of any action which would
17 result in a modification or change in the use of the real property purchased or improved, in whole
18 or in part with CDBG or HOME funds from that planned at the time of acquisition or
19 improvement, including disposition.
20 (e) CITY shall provide timely notice to citizens and opportunity to comment
21 on any proposed modification or change;
22 (f) Written approval from COUNTY must be secured if the property or the
23 facility is to be put to an alternate use that is or is not consistent with federal regulations
24 governing CDBG funds;
25 (g) Should CITY desire during the five (5) year period to use the real property
26 or the constructed facility for a purpose not consistent with applicable federal regulations
27 governing CDBG funds or to sell the real property or facility, then:
28 II
Page 7 of 10
.
~
1
(1) If CITY desires to retain title, it will have to reimburse either
2 COUNTY or the federal government an amount that represents the percentage of current fair
3 market value that is identical to the percentage that CDBG funds comprised monies paid to
4 initially acquire the property or construct the facility; or
5 (2) If CITY sells the property or facility or is required to sell the property
6 or facility, CITY is to reimburse either the COUNTY of the federal government an amount
7 which represents the percentage of proceeds realized by the sale that is identical to the
8 percentage that CDBG funds comprised monies paid to initially acquire the property or construct
9 the facility. This percentage amount will be calculated after deducting all actual and reasonable
10 cost of sale from the sale proceeds.
11
10.
DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE
12 OF CDBG FUNDS.
13 CITY shall inform COUNTY of any income generated by the expenditure of
14 CDBG funds received by CITY from COUNTY. CITY may not retain any program income so
15 generated. Any and all program income shall be returned to the County and may only be used
16 for eligible activities in accordance with all COBG requirements, including all requirements for
17 citizen participation.
18 COUNTY has the responsibility for monitoring and reporting to HUD on the use
19 of any such program income, thereby requiring appropriate record keeping and reporting by
20 CITY as may be needed and requested by COUNTY.
21
11.
TERMINATION.
22 This Agreement may not be terminated by either CITY or COUNTY, nor may the
23 CITY or COUNTY withdraw from this Agreement or any of the terms of this Agreement.
24
12.
FORMER AGREEMENTS UTILIZING CDBG FUNDS BETWEEN
25 COUNTY AND CITY.
26 All agreements between CITY and COUNTY regarding the use of CDBG funds
27 for fiscal years 1975-76 through 2005-2006 and any Supplemental Agreements there under, shall
28 remain in full force and effect. If the language of this Agreement is in conflict or inconsistent
Page 8 of 10
".
1 with the terms of any prior said agreements between CITY and COUNTY, the language of this
2 Agreement will be controlling.
3
13.
INDEMNIFICATION
4 CITY agrees to indemnify, defend and hold harmless COUNTY and its
5 authorized officers, employees, agents and volunteers from any and all claims, actions, losses,
6 damages, and/or liability arising from CITY acts, errors or omissions and for any costs or
7 expenses incurred by COUNTY on account of any claim therefore, except where such
8 indemnifications is prohibited by law. CITY shall promptly notify COUNTY in writing of the
9 occurrence of any such claims, actions, losses, damages, and/or liability.
10 CITY shall indemnify and hold hannless COUNTY against any liability, claims,
11 losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or
12 its successor that activities undertaken by CITY under the program(s) fail to comply with any
13 laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY
14 under this Agreement were improperly expended.
15
16 Dated:
,2005
17 ATTEST:
18
19 NANCY RAMERO
Clerk of the Board
COUNTY OF RIVERSIDE
20
21
22
23
24
25
26
By:
By:
Chairman, Board of Supervisors
ATTEST:
By:
27 City Clerk
By:
Chief Executive Officer, Mayor
28 Co-operation Agreement for Community Development Block Grant Funds 2005 -2009
Page 9 of 10
,0-, ~...
'-,
COUNTY COUNSEL CERTIFICATION
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The Office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under state and local law and that the Agreement provides full
legal authority for the COUNTY to undertake or assist in undertaking essential community
development and housing assistance activities specifically urban renewal and publicly assisted
housing.
WILLIAM C. KATZENSTEIN
County Counsel
By:
Deputy
C\Documem....d Sellmgslioutl.w,0Q2\Loca1 Sellmg,ITemporary Imemel Files\OLK39\COOP Agreement OOQ6,doe
Page 10 of 10
ITEM 7
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
Jim Domenoe, Chief of POIiCtyO
May 10, 2005
TO:
DATE:
SUBJECT:
Purchase of Police Motorcycles
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION: That the City Council approyes the purchase of two 2006 Harley-DaYidson
FLHPI Road King Police Motorcycles from Quaid Harley-DaYidson for a total amount of $18,772.40.
BACKGROUND: The City of Temecula Police Department has a policy of rotating
motorcycles out of its fleet after three years of use. To date, two motorcycles haye reached the
three year limit and are due for replacement. In order to remain consistent with the motorcycles
currently in use, the Police Department has chosen to replace the motorcycles with Harley-DaYidson
Road Kings.
Requests for bid were sent out to eight Harley-DaYidson dealers in the area April 13, 2005. Quaid
Harley-DaYidson was the only yendor to respond to the bid. Their quote is yery reasonable, and
includes a cost saYings for re-using our existing police equipment on the new motorcycles. This
makes the new bid lower than the quote we receiyed from Quaid in Noyember 2004. In addition,
Quaid Harley-Davidson is offering an additional parts discount of 15%. The following table is a
breakdown of the Quaid Harley-DaYidson bid:
Vendors
Purchase Price
Buy Back Offer
Quaid Harley-DaYidson
$19,886.20
$10,500.00
Cost After Buy
Back
$9,386.20
After considering the buy-back program with Quaid Harley-DaYidson, the net cost to the City for the
two new motorcycles is $18,772.40.
FISCAL IMPACT: Adequate funds exist within the 2004-05 Police Department budget to
make this purchase (001-170-999-5610)
Attachment: Quaid Harley-DaYidson Statement of Qualifications
Harley-Dayidson Motorcycle Vendor List
City of Temecula Police Department
Harley-Davidson Motorcycle Vendor List
Quaid Harley-Davidson
28822 Front St. #205-207
Temecula, CA 92590
FAX 951-506-0193
Phone 951-506-6903
North County House of Harley's
1555 South Coast Hwy
Oceanside, CA 92054
Phone (760) 433-2060
San Diego Harley-DaYidson
5600 Kearny Mesa Rd.
San Diego, CA 92111
FAX 858-616-6932
Phone 858-616-6999
Pomona Valley Harley-DaYidson
10419 Mills Ayenue
Montclair, CA 91763
Phone (909) 482-1345
Skip Fordyce Motorcycle Center
7688 Indiana AYe.
Riverside, CA 92504
FAX 951-785-4915
Phone 951-785-0100
Biggs Harley-Davidson
717 Center Drive
San Marcos, CA 92069
FAX 760-481-7302
Phone 760-481-7300
Capistrano Harley-DaYidson
32421 Calle Perfecto
San Juan Capistrano, CA, 92675
FAX 949-388-7367
Phone 949-388-3000
Orange County Harley-DaYidson
8677 Research Driye
Iryine, CA 92618
FAX 949-655-0030
Phone 949-727-4464
ITEM 8
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman Parker, Director of Community Development Services
John Meyer, Redevelopment Director
DATE:
May 10, 2005
SUBJECT: Additional Authorization to a Professional Services Agreement with Vanir
Construction Management, Inc. for Construction Management, Material
Testing and Special Inspections for the Old Town Temecula Community
Theater, Project No. PW02-23
)
PREPARED BY: rt! William G. Hughes, Director of Public Works/City Engineer
~Greg Butler, Principal Engineer
David McBride, Senior Engineertj,t
RECOMMENDATION:
That the City Council:
1. Approve the second amendment for additional professional construction management
services with Vanir Construction Management, Inc. in the amount of $35,240.
2. Authorize the City Manager to approve a not to exceed contingency amount of $15,000.
BACKGROUND: Due to the size and complexity of the Theater project and because of staffing
levels in the CIP Division, the City Council approved Amendment NO.1 to an existing construction
management Agreement with Vanir Construction Management, Inc. (Vanir) on February 10,2004, to
provide material testing, special inspection, and full time construction management. Vanir's cost
proposal of the original Agreement plus Amendment No.1 totaled $443,016.00 with a contingency
of $44,300.00. This was based on the estimated construction duration of fourteen months (e.g.,
March 2004 through April of 2005). Additional contingency work, which is currently being processed
administratively, seeks approval for $8,140.00 in expenses associated with investigation and testing
of suspected soil contaminated near an abandoned septic tank on the project site, which was later
proved to be safe.
It is anticipated that construction of the Community Theater and Mercantile improvements will be
completed in August of 2005. This necessitates an increase in the duration of Vanir's Agreement
through August of 2005 (e.g., four additional months) to provide the necessary construction
management, material testing and special inspections through the end of the project. Vanir's full
time construction management services cost are $17,850.00 per month and for four months that
equals $71,400.00. In addition staff recommends retaining $15,000.00 in contingency for any
additional work (e.g., special inspections and material testing) for total expenses of $86,400.00
which exceeds the remaining contingency and therefore additional funds must be approved by
Council. These total expenses, less the remaining contingency amount of $36,160.00 bring the
additional funding needed to $35,240.00 plus a $15,000 contingency which can be absorbed by the
2005051 0 PW02~23 PSA eM
current budget. The reasons for the increased duration of the project are the large number of rain
days during the 2004/05 rainy season, and additional work added by the City (e.g., the Mercantile
Building Renovation).
On a separate item on tonight's agenda, the City Council will consider approval of a change order
for renovation of the Mercantile Building and funding for the project.
FISCAL IMPACT: The Old Town Community Theater Project, Project No. PW02-23, is funded
with Redevelopment Agency Bond Proceeds and Reimbursements in the form of donations.
Adequate funds are available within project account No. 210-190-167-5801.
ATTACHMENTS:
1. CIP Project Description
2. Location Map
3. Summary of Vanir Construction Management, Inc. Agreement
2
20050510 PWQ2-23 PSA eM
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SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA
AND
VANIR CONSTRUCTION MANAGEMENT, INC.
OLD TOWN TEMECULA COMMUNITY THEATER
PROJECT NO. PW02-23
THIS SECOND AMENDMENT is made and entered into as of May 10, 2005 by and between
the City of Temecula, a municipal corporation ("City") and Vanir Construction Management, Inc.
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On September 4, 2003 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for professional construction management,
material testing and special inspection services ("Agreement") in the amount of $24,980.00
("Agreement"),
B. The Agreement was first amended on February 10,2004, for Phase II work
involving additional construction management, material testing and special inspection services in the
amount of $418,036.00, as well as in contingency for extra work in the amount of $44,300, the
Agreement as amended shall be referred to as the "Agreement."
2. Attachment A to the Agreement is hereby amended for additional construction
management services as set forth on Attachment "A-2" to this Amendment, which is attached hereto
and incorporated herein as though set forth in full.
3, Paragraph "a" and "b" of Section 5 of the Agreement is hereby amended to read as
follows:
PAYMENT
a, The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set form in Exhibit B1, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though
set forth in full, passed upon actual time spent on the above tasks. The Second
Amendment is for additional services as set forth on Attachment "A-2" for an amount
not to exceed $35,240. The maximum amount of payment under the Second
Amendment amount of $35,240, the First Amendment amount of $418,036,00 and
the original Contract amount of $24,980.00 shall not exceed the contract amount of
$478,256,00 for the total term of the Agreement unless additional payment is
approved as provided in the Agreement.
b. The City Manager may approve additional work up to $59,300.00, which reflects
the first Amendment contingency of $44,300.00 plus $15,000 for the Second
Amendment.
4. Except for the amendments set forth herein the agreement, as previously amended
remains in full force and effect.
1
R:\CIPlPROJECTS\PW02\PW02-23 RDA TheateMgreementsWanir Amendment 2 --.doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written,
CITY OF TEMECULA
Jeff Comerchero, Mayor
ATTEST:
Susan W, Jones, CMC, City Clerk
Approved As to Form:
Peter M, Thorson, City Attorney
CONSULTANT
Vanir Construction Management, Inc.
David R. Anderson, Project Director
290 North D Street, Suite 900
San Bernardino, CA 92401
(909) 384-1785
Mansour Aliabadi, President
Alex Leon, CFO
(Two Signatures Required For Corporations)
2
R:\CIP\PROJECTS\PW02\PW02-23 RDA TheateMgreemenlsWanir Amendment 2 --.doc
Attachment A-2
City of Temecula
Additional Construction Management Service - Old Town Theater
Additional Work
1, Two months of full time construction management.
Total
$35,240
ITEM 9
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman Parker, Director of Community Development Services
John Meyer, Redevelopment Director
DATE:
May 10, 2005
SUBJECT:
Approval of a Joint Access Agreement between the City and Michael Butler
Associated with the Old Town Temecula Community Theater
Project No. PW02-23
PREPARED BY: ,..JA;.rvilliam G, Hughes, Director of Public Works/City Engineer
Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION: That the City Council approve a Joint Access Agreement between the
City ofTemecula and Michael Butler- Grass Valley Associates, and authorize the Mayor to execute
the amendment.
BACKGROUND: Michael Butler (Butler) is the owner of the property immediately adjacent to the
east side of the Theater parcel (Antique Faire) and property to the east side of Mercantile Building
parcel which contains retail shops fronting Main Street. During construction of the Theater, Mr.
Butler's on-site representative Bob Morris expressed the owners desire to establish a pedestrian link
between the Butler properties described above and the Theater complex, In order to establish this
link a stairway would need to be designed and built, and a joint access agreement developed.
Attached is a location map of the properties and stairway and the proposed joint access agreement
which has been reviewed and approved by the City Attorney.
The joint access agreement essentially grants reciprocal non-exclusive easements, each property
owner to the other, whereby the public can access the City or Butler property from the other via a
stairway. The City will design and construct the stairway between the two properties, as part of the
Theater project, on the Butler property and from thereon Butler shall maintain the stairway as
stipulated in the Agreement.
This additional access path will be particularly beneficial for the Theater and the Children's Musuem
because it will open another access path for patrons of the Theater before and after performances,
who will be utilizing available public parking within Old Town,
FISCAL IMPACT: Design and construction of a stairway between the two properties will cost
$12,000.00 and can be carried out by a change order through the existing contingency amount for
the Old Town Temecula Community Theater project PW02-23,
20050510 PW02-23 Butlet Joint Access Agr
ATTACHMENTS:
1, Location Map showing the Properties and Stairway
2, Joint Access Agreement
2
20050510 PW02-23 Butler Joint Access Agr
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WHEN RECORDED MAIL TO:
Susan Jones
City Clerk
CITY OF TEMECULA
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
JOINT ACCESS AGREEMENT
TillS JOINT ACCESS AGREEMENT (this "Agreement") is made as of
, 2005, by and between the CITY OF TEMECULA , A Municipal
Corporation ("Grantor") and Michael Butler-Grass Valley Associates, an Individual ("Grantee").
RECITALS
A. Grantor is the owner of that certain improved real property located in the City of
Temecula, County of Riverside, State of California, commonly known as Assessor Parcel
Numbers 922-036-020, and 922-036-031 (the "City Parcels"),
B. Grantee is the owner of that certain improved real property located in the City of
Temecula, County of Riverside, State of California, commonly known as Assessor's Parcel
Numbers 922-036-023 and 922-036-032 and 922-036-033 (the "Butler Parcels").
C, In order to set forth certain rights and obligations with respect to the City Parcels
and the Butler Parcels (the "Collective Parcels"), the Grantor and Grantee desires to grant each
other an easement for pedestrian access on, over and across portions of their respective Parcels,
on the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
set forth herein, the Grantor and the Grantee hereby agree as follows:
1. Grant of Easement (City to Butler), Grantor hereby grants and conveys to
Grantee, for the benefit ofthe Collective Parcels, a non-exclusive easement on, over and across
the sidewalks and public courtyard located on the City Parcels, for the purpose of providing
Grantee, their heirs, successors, assigns, licensees, guests and invitees, with pedestrian access,
on, over and across the City Parcels (the "City to Butler Easement"),
2. Grant of Easement (Butler to City), Grantee hereby grants to the Grantor, for
the benefit of the Collective Parcels, a non-exclusive easement on, over and across the public
walkways within and through the Butler Parcels, for the purpose of providing the Grantor, their
pa-622444
Page 1 of 6
heirs, successors, assigns, licenses, guests and invitees, with pedestrian access, on, over and
across the Butler Parcels (the "Butler to City Easement").
3. Non-Interference. The parties hereto shall not construct, or permit to be
constructed, any fence, wall or other barrier of any kind on the Collective Parcels which would in
any way prevent the free passage of pedestrian traffic to or between the Collective Parcels,
Notwithstanding the foregoing, each party hereto may temporarily close-off or restrict access to
their respective Parcels for purposes of permitting or facilitating any construction, alteration or
improvements with respect to the steps, sidewalks or public courtyard, or to accommodate or
facilitate renovation, alteration, construction or other modification of improvements or structures
located on its Parcels. No party hereto, its successors or assigns, shall grant or assign to others
any right-of-way or easement in a manner inconsistent with another party's use and enjoyment of
the City to Butler Easement or Butler to City Easement (the "Collective Easements"),
4. Acknowledgment as to Effectiveness of the Easement. The parties
acknowledge that the City Parcels are being developed as ofthe date ofthis Agreement and that
the Collective Easements set forth herein shall not be effective as a burden upon a Collective
Parcels until the improvements on the City Parcels are first constructed, The parties expressly
agree that the Grantor shall be obligated to construct or cause the construction ofthe steps
accessing the City Parcels on the Grantee Parcel (APN 922-036-032), Furthermore, the parties
shall not have the benefit of the Collective Easements as set forth herein until the access
improvements are first constructed,
5. Rules and Regulations. The parties shall have the right, at any time and from
time to time, to establish reasonable rules and regulations to regulate the use of the Collective
Easements in a safe and efficient manner, so long as such rules and regulations do not materially
restrict any party's use and enjoyment of the Collective Easements or the Collective Parcels,
6. Repair and Maintenance. It is expressly agreed that Grantee shall, at its sole
cost and expense, keep and maintain the improvements providing access to the City Parcels in
good condition and repair, free of trash and other debris, and shall otherwise keep the,
improvements in a clean, neat, and orderly condition, and shall perform any work on or about the
access improvements which may be required in accordance with all existing and future
declarations of covenants, conditions and restrictions (or any similar documents) encumbering
the Butler Parcels and mutually agreed to by the Owners, or by any applicable law, ordinance,
code, regulation or lawful authority, Such maintenance shall include, without limitation, repair
and resurfacing of the access improvements as may be necessary from time to time consistent
with said standards, The maintenance obligations with respect to the access improvements shall
include, without limitation, the following:
(a) Maintain, repair and replace the paved surfaces ofthe access
improvements such that those surfaces are smooth and evenly covered with the type of surfacing
materials as shall be in all respects equal to the original surfacing materials in quality, appearance
and durability, and all in accordance with generally accepted maintenance standards for a first-
class industrial development. It is agreed that all paved areas must be constructed of hard surface
pa-622444
Page 2 of 6
material of an asphaltic concrete or Portland cement concrete material in accordance with good
engineering practices and in a good and workmanlike manner,
(b) Remove all papers, debris, filth and refuse from the access improvements
and wash or thoroughly sweep paved areas of the access improvements as maybe reasonably
required by generally accepted maintenance standards for a first-class commercial development
so as to keep said area in a neat, clean and orderly condition.
7. Default. If a party defaults in the performance of any of the obligations of this
Agreement, and such party fails to cure such default within thirty (30) days after written notice
given by another party, unless such default cannot reasonably be cured within such thirty (30) day
period, in which event the non-performing party shall be in default hereunder if such party fails
within such thirty (30) day period to commence to cure and diligently thereafter prosecute such
cure to completion; then the non-defaulting party may cure such default for the account of and at
the expense of the defaulting party; provided, however, that in the event of emergency conditions
posing an immediate threat to persons or property and constituting a default, the non-defaulting
party, acting in good faith may cure such default upon such advance notice as is reasonably
possible under the circumstances or, if necessary, without advance notice, so long as notice is
given as soon as possible thereafter, Any notice hereunder shall specify with particularity the
nature of the default claimed and shall set forth in detail the action which the non-defaulting
party proposes to take in order to cure the claimed default. The defaulting party shall reimburse
the non-defaulting party for its costs and expenses to cure a default by the defaulting party within
ten (10) days after receipt of an invoice therefor.
8. Rights of Lenders. No breach or violation of the covenants herein shall defeat or
render invalid the lien of any mortgage, deed of trust or similar instrument hereinafter placed on
any of the Parcels securing a loan made in good faith and for value by a bona fide third party
lender with respect to the financing of the Collective Parcels or any portion thereof, or with
respect to the construction of improvements thereon.
9. Indemnity and Insurance. Each party hereto shall indemnify, defend, protect
and hold the other party, its tenants, officers, directors, members, partners, shareholders, first
mortgagees, agents and employees harmless from and against any and all claims, proceedings,
lawsuits, liabilities, damages, injuries, deaths, losses, fines, penalties, judgments, liens (including
mechanic's and materialman's liens), awards, costs and expenses, including, without limitation,
reasonable attorney's fees and costs, that arise out of, or in any way relate to, the use of the
Collective Easements by such party's tenants, subtenants, licensees, employees, agents, invitees,
legal representatives, successors and assigns. This indemnity shall survive the termination of this
Agreement.
(a) Each party, at its sole cost and expense, shall obtain and keep in force at
all times, and naming the other party hereto as additional insureds thereunder, a policy or policies
(which maybe a combination of primary coverage and umbrella policies) of public liability
insurance for personal injury and property damage, which insurance shall cover the use and
pa-622444
Page 3 of6
enjoyment ofthe Collective Easements by each such party's tenants, subtenants, licensees,
employees, agents, invitees, legal representatives, successors and assigns, in amounts customarily
written on comparable properties in the City of Temecula, but in no event less than Two Million
Dollars ($2,000,000,00) per occurrence,
10. Further Assurances. Each party agrees to execute and deliver all such further
documents and to take all such further actions as may be reasonably requested by the other party
to fully effectuate the terms and provisions of this Agreement, provided that such documents or
actions do not materially limit, reduce or impair the rights of the party upon whom such request
is made.
11. Termination. Either party may terminate this Agreement by tendering a written
30 Day Notice of Termination to the other party,
12. Attorneys' Fees and Costs. In any dispute between the parties regarding the
enforcement of any rights under this Agreement (regardless of whether or not litigation is
'commenced between the parties), the prevailing party shall be entitled to receive from the non-
prevailing party any and all of the costs and expenses incurred by the prevailing party in
connection with the dispute, including, without limitation, reasonable attorneys' and consultants'
fees and expenses,
13. Notices. Any notice required or permitted to be given hereunder shall be effective
only if given in writing, and sent by certified or registered mail, return receipt requested, postage
prepaid, overnight air courier, personal delivery or by facsimile or telecopier with written
evidence of successful transmission, addressed as follows:
Ifto Grantor:
Director of Public Works
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
Fax: (951) 694-6475
Phone: (951) 694-6411
If to Grantee:
Michael Butler
Grass Valley Associates
p, 0, Box 460
Chicago Park, California 95712
Fax: (530)
Phone: (530) 272-3243
With a copy to:
Bob Morris
Fax:~
Phone: (951) 676-2893
pa-622444
Page 4 of 6
or to such other address as the parties may designate as its new address for such purpose by
giving notice to the other in accordance with this Section. Notice shall be deemed to have been
given three (3) days after the date it has been mailed in accordance with this Section if sent by
certified or registered mail, one (I) day after the date it has been delivered to the courier if sent
by overnight air courier, or upon the date facsimile transmission is successfully made or personal
delivery is made if delivered personally, except that a notice of change of address of any party
shall be effective only upon receipt.
14. Amendment or Modification. This Agreement may not be modified or amended
except by a written agreement executed by all of the Owners.
15. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
16. Severability. The invalidity or unenforceability of any provision of this
Agreement with respect to a particular party or set of circumstances shall not in any way affect
the validity or enforceability of any other provision hereof, or the same provision when applied to
another party or to a different set of circumstances.
17. Entire Agreement. This Agreement, including the Exhibits attached hereto,
contains the entire agreement with regard to the subject matter described herein and all prior
negotiations and agreements are merged herein.
18. Captions. The section headings or captions used herein are for convenience
only and are not a part of this instrument and do not in any way limit, define or amplify the scope
or intent of the terms and provisions hereof.
19. Waiver. No waiver of a breach of any of these covenants and no delay or failure
to enforce any of these covenants shall be construed or held to be a waiver of any succeeding or
preceding breach of the same or any other of these covenants. No waiver of any breach
hereunder shall be implied from any omission by any party to take any action on account of such
breach if such breach persists or is repeated, and no express waiver shall affect a breach other
than as specified in said waiver,
20. Successors and Assigns. All covenants, conditions, easements and agreements
contained herein, including, without limitation, all benefits and burdens (a) shal1 run with the
Parcels for the benefit of al1 other Parcels; (b) are made for the direct, mutual and reciprocal
benefit of each and every part of the Parcels; and (c) shall be binding upon the heirs, successors,
assigns and tenants of the parties hereto.
21. No Dedication for Public Use. This Agreement is not intended to, and does not,
constitute a dedication for public use of al1 or any portion of the Collective Easements or the
Collective Parcels, and the rights granted herein are private and for the benefit only ofthe parties
hereto and their respective tenants, subtenants, licensees, employees, agents, invitees, legal
representatives, successors and assigns,
pa-622444
Page 5 of6
22. Counterparts. This Agreement may be signed in multiple counterparts which,
when signed by all parties, shall constitute a binding agreement.
IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date
first above written,
GRANTOR:
CITY OF TEMECULA, a Municipal
Corporation
Dated:
,2005
By:
JeffComerchero, Mayor
GRANTEE:
Michael Butler-Grass Valley Associates
Dated: t../ - / I
,2005
~;:8~
APPROVED AS TO FORM:
Peter M, Thorson, City Attorney
pa-622444
Page 6 of 6
STATE OF CALIFORNIA )
)
COUNTY OF )
fj SoR.<!..1
""' On Ii - I' ,2005, before me,l!..o~ CftTH(;t.J/Jtt~rsonally appeared
\~fTv.l_ 16 Li -rU:: I?- , personally known to be (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~~~ (h tkwu .jtyL~ .
Notary Public
"
) - : - - c~~:f:f (
~~ Notary PublIc.CaIbm ~
j _ _ _ ~~~.:.2~71
pa-622444
ITEM 1 0
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN E
CITY MANAGER t;J'IJ
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
~/Ailliam G, Hughes, Director of Public Works/City Engineer
DATE:
May 10, 2005
SUBJECT:
Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for the Slurry Seal Project - FY 2004/2005
Project No. PW04-16
PREPARED BY: ~reg Butler, Principal Engineer
..l5?!vlin R. Odviar, Associate Engineer
RECOMMENDATION: That the City Council approve the plans and specifications and
authorize the Department of Public Works to solicit construction bids for the Slurry Seal Project - FY
2004/2005, Project No. PW04-16.
BACKGROUND: As in previous years, the Slurry Seal Project - FY 2004/2005 will
utilize a Rubberized Emulsion - Aggregate Slurry (REAS) to seal the project roadways against water
intrusion, This is a preventative maintenance measure used periodically (five to seven years) or as
needed, to prolong pavement life. It involves cleaning and crack sealing the existing roadway
surface, applying the REAS, and pavement delineation,
Staff has defined the street locations based on current pavement condition, time elapsed since last
preventative maintenance measure, and geographical proximity, Type II and III slurry seal will be
used based on roadway type, condition, and usage.
The plans and specifications have been completed and the project is ready to be advertised for
construction bids, The contract documents are available for review in the City Engineer's office,
The Engineer's Construction Estimate for this project is $356,000,
FISCAL IMPACT: Adequate funds are available in the Public Works Department Maintenance
Division FY2004-2005 Budget for Routine Street Maintenance, Account No. 001-164-601-5402,
ATTACHMENTS:
1, List of Streets,
2, Map of Streets.
R:\AGENDA REPQRTS\2005\051005\PW04-16 Auth to Bid.DOC
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ITEM 11
APPROVAL Uh~
CITY ATTORNEY U .. v
DIRECTOR OF FINA~ Kt(x.
CITY MANAGER .
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
May 10, 2005
SUBJECT:
Approval of Plans and Specifications, and Authorization to Solicit
Construction Bids for Fiscal Year 2005-2006 Street Striping Program
Project No. PW05-02
PREPARED BY:
Greg Butler, Principal Engineer
Brian Guillot, Assistant Engineer
RECOMMENDATION: That the City Council approve the plans and specifications, and
authorize the Department of Public Works to solicit construction bids for Fiscal Year 2005-2006
Street Striping Program, Project No. PW05-02.
BACKGROUND: The Street Striping Program arranges for Citywide re-painting of street striping
and pavement markings twice per year for maintenance. The work may also include the removal of
existing stripes and the placement of new traffic stripes and pavement markings as directed by the
engineer in the field. The work to be performed shall be completed within the fiscal year July 1,
2005, to June 30, 2006. Additionally, City Staff may extend this contract in one year increments for
each of the following three (3) fiscal years beginning July 1 and ending June 30, The quantities of
work and individual unit prices shall be negotiated with the contractor at the time of extension.
Renegotiated unit prices shall be valid for that fiscal year. In no event shall the contract be extended
beyond June 30, 2009.
The plans and specifications have been completed and the project is ready to be advertised for
construction bids, The contract documents are available for review in the City Engineer's office.
The Engineer's Construction Estimate for this project is $185,000.00 annually.
FISCAL IMPACT: The project funds will be included in the Fiscal Year 2005-2006 Operating
Budget for Public Works Traffic Division Striping/Stenciling Account No. 001-164-602-5410 and
Routine Street Maintenance Striping/Stenciling Account No. 001-164-601-5410.
ATTACHMENTS: None
R:\AGENDA REPORTS\2005\051005\PWOS.02 Auth 10 Bid.DOC
ITEM 12
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
~ William G, Hughes, Director of Public Works/City Engineer
DATE:
May 10, 2005
SUBJECT:
Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for the Fiscal Year 2004-2005 Citywide PCC Repairs
Project No, PW05-03
PREPARED BY: ~reg Butler, Principal Engineer
RECOMMENDATION: That the City Council approve the plans and specifications and
authorize the Department of Public Works to solicit construction bids for the Fiscal Year 2004-2005
Citywide Concrete Repair Project, Project No. PW05-03.
BACKGROUND: As in previous years, this annual Concrete Repair project will repair various
damaged concrete facilities maintained by the City, The Public Works Maintenance Division
surveyed, assessed and compiled a list of damaged sidewalks, curb & gutter, cross gutters,
spandrels, driveway approaches, access ramps, and under sidewalk drains, Those needing
immediate repair are included in this project.
The specifications have been completed and the project is ready to be advertised for construction
bids. The contract documents are available for review in the City Engineer's office.
The Engineer's Construction Estimate for this project is $150,000.00,
FISCAL IMPACT: Adequate funds are available in the Public Works Department Maintenance
Division FY2004-2005 Budget for Routine Street Maintenance, Account No, 001-164-601-5402,
ATTACHMENTS:
1. Concrete Repairs List - FY 2004-2005.
R:\AGENDA REPQRTS\2005\051 005\PW05-03 Aulh to Bid.DOC
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ITEM 13
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Herman Parker, Director of Community Services
John Meyer, Director of Redevelopment
DATE:
May 10,2005
SUBJECT:
Approval of Contract Change Order No. 10 for the Mercantile Building
Renovation and Project Funding for the Old Town Temecula Community
Theater, Project No, PW02-23
PREPARED By:J William Hughes, Director of Public Works/City Engineer
~reg Butler, Principal Engineer
David McBride, Senior Engineer @,~
RECOMMENDATION:
That the City Council:
1. Approve an increase in contingency funds of $940,000.00, which is equal to 13,1 % of the
base contract amount, and authorize the City Manager to approve change orders not to
exceed the total contingency amount of $1,656,800.00 which represents 23,1 % of the base
contract amount.
2 Approve Contract Change Order No. 10 for the Old Town Temecula Community Theater,
Project No. PW02-23 to Tovey/Shultz Construction, Inc. in amount of $566,860.00 and
authorize the City Manager to execute the Change Order from the contingency amount
authorized.
3, Approve the transfer of $1,200,000 of Capital Project Reserves from the Maintenance
Facility/Field Operations Center to the Old Town Temecula Community Theater.
BACKGROUND: The Old Town Temecula Community Theater will provide seating for over 300
people with an orchestra pit, scene shop, loading dock, storage, dressing rooms, offices,
classrooms, and dance studio/rehearsal room. In addition, the project will construct site walkways
and hardscape improvements, a concession and restroom structure, site landscaping, and a 22-
space parking lot.
On February 10, 2004, City Council approved a construction contract with Tovey Shultz
Construction, Inc, (TSCI) in the amount of the $7,168,000 and authorized a contingency in the
amount of $716,800, 10% of the contract amount, for a total authorization of $7,884,800. On
February 8, 2005, City Council approved a booking and rental policy for the Theater, approved the
design concept for renovation of the Mercantile Building, and approved an Amendment to an
existing Agreement with the Architecture firm of Fisher, Sehgal, Yanez, Inc, for design of the
Mercantile Building renovation and to provide for contract administration services through end of
construction, On a separate item on tonight's agenda, the City Council will consider approval of
20050510 PW02.23 Mercantile
Amendment to the existing construction management Agreement with Vanir Construction
Management, Inc, to extend their management services four months to the anticipated end of
construction in August of 2005,
The design of the Mercantile Building renovation has been completed, plan checked and TSCI has
provided a cost proposal to complete the renovation in the amount of $566,860.00. The renovation
involves construction of 1,000 square feet of interior structures (e.g., ticket booth, offices, storage,
and a mezzanine), renovation of the existing storefront, doors, windows, and the addition of lighting
throughout. In addition to the cost of the Mercantile Building renovation it has become necessary to
consider funding for pending change orders, a contingency balance through project completion and
funding for the furniture, fixtures and equipment (FFE's) necessary for the Theater to become fully
functioning.
A summary of the change orders and contingency for the project is as follows:
Approved ContinQencv and ChanQe Orders
Authorized Contingency
Approved Change Orders (thru CCO#9)
Contingency Balance
716,800
544.800'
$ 172,000
Pendina Chanae Orders and Continaencv Balance
Pending Change Price Known
Pending Change Price Known (Audio Upgrades)
Pending Change Price Estimated
Additional Contingency Funds
Total Pending Changes/Contingency
117,000'
120,000'
42,000'
266,140
$ 545,140
Exclusive of the change order for the Mercantile Building renovation, $373,140 in additional
contingency funding is needed, which is merely the total pending changes/contingency less the
contingency balance outlined above. Of the $823,800 in approved and pending change orders (')
approximately $200,000 (24.2%) are related to errors and omissions in the design and the
remainder $623,800 (75.8%) are items requested by the City, which include some major cost items
such as; repointing ofthe Mercantile Interior ($127,000), audio upgrades ($120,000), relocation of a
storm drain system and the addition of site drains ($127,000), and adding an alarm and access card
system ($40,000), The additional $266,140 in contingency funds are requested through the end of
the project for resolution of $88,500 in disputed items between the City and the TSCI, and to provide
funding for any future design errors/omissions.
In order for the Theater to become fully functional, FFE's totaling $340,000 have been identified,
The current FFE budget has a balance of $80,000, and therefore $260,000 in additional funding is
required, In addition to providing the computer systems and software for the entire Theater and its
support staff, the $340,000 FFE budget provides for the essential furnishings and equipment for all
the offices, the dance studio, classrooms, stage, scene shop, audience chamber, mercantile
building, ticket booth, the concessions room as well as providing for essential performance
equipment.
A summary of the additional funding needed for the project is as follows:
Total Additional Funding
$ 566,860
$ 373,140
$ 260.000
$1,200,000
Mercantile Building Renovation
Increased Contingency
(Approved/pending change orders and contingency)
FFE's
To fully fund the project and FFE's for the Theater an additional $1,200,000 is needed. This amount
will cover the cost of the Mercantile Building Renovation, all approved and pending change orders,
provide for a contingency through the end of construction, and provide for the necessary FFE's to
2
2005051 0 PW02~23 Mercantile
get the Theater up and running.
FISCAL IMPACT: The Old Town Temecula Community Theater, Project No, PW02-23, is funded
with Redevelopment Agency Bond Proceeds, Capital Project Reserves and Reimbursements in the
form of donations. .
As described above, an additional $1,200,000 is needed to fully fund the project. Staff recommends
that the additional funds be comprised of a transfer of $1,200,000 of Capital Project Reserves from
the Maintenance Facility/Field Operations Center. Adequate funds are available in the Maintenance
Facility/Field Operations Center account, no, 210-165-742 within all the CIP object codes for this
transfer, The Maintenance Facility is currently in design and the funds to finish design have been
encumbered, Full funding of the Maintenance Facility project will be resolved during future budget
processes,
With the approval of the fund transfer from the Maintenance Facility/Field Operations Center
sufficient funds will be available for the project. The requested transfer will be distributed to the Old
Town Temecula Community Theater accounts 210-190-167-5601 ($260,000 FFE's), and 210-190-
167-5804 ($940,000 Construction).
ATTACHMENT:
1. Theater Project Location - From CIP Budget
2. Theater Project Description - From CIP Budget
3, Maintenance Facility/Field Operations Center Location - From CIP Budget
4. Maintenance Facility/Field Operations Center Description - From CIP Budget
5. Contract Change Order No, 10
3
20050510 PW02-23 Mercantile
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CITY OF TEMECULA
CONTRACT CHANGE ORDER NO. 10
CONTRACT NO. PW02-23
Page 1 of 2
PROJECT:
TO CONTRACTOR:
Old Town Temecula Community Theater
Tovev Shultz Construction. Inc.
NOTE: This chanae order is not effective until approved bv the Citv Manaaer,
CHANGE ORDER REQUESTED BY: Contractor
10,1 DESCRIPTION OF WORK:
Furnish and install the improvements to the Mercantile Building as outlined in the revised (delta)
plans issued by FSY Architects on April 1, 2005, complete and in place, All work shall be in
conformance with professional industry standards and the contract documents for project PW02-
23, This change also takes into account credits for work items included in the original plans and
specifications for the Mercantile Building that have either removed entirely or replaced by the new
improvements.
Method of Payment:
Agreed Lump Sum Price Increase (Various Subcontractors) ....,.................,..,..,..,..... $ 475,307.00
Agreed Lump Sum Price Increase (General Contractor Including Mark Ups) ,.....,...., $ 55,877.00
Prime Contractor Mark-Up (10% x $5,000.00 + 5% x $470,307.00) .................,..,..,.. $ 24,016,00
Prime Contractor Bond & Insurance Increase (2,1 % of $555,200.00) .......,..,..,..,..,.., $ 11,660,00
Total Cost of Extra Work $ 566,860.00
Total Item 10.1 ...............................................,..'.,..,..,..,..,.....,....,..,..,..,..,..,................ $ 566,860.00
Adjustment to working days: 19
The agreed lump sum price constitutes full compensation, including mark-ups for the work described above and no additional
compensation will be allowed therefor.
R:\CIP\PROJECTS\PW02\PW02-23 ROA Thealer\CC0\20050510 CCQ#10.doc
CITY OF TEMECULA
CONTRACT CHANGE ORDER NO. 10
CONTRACT NO, PW02-23
Page 2 of 2
CCO 10 - TOTAL INCREASE............................................... $ 566,860.00
Original Contract Amount...,..,............................,............,.....,................,.................. $ 7,168,000,00
This Change........................,..,..,.....,........................,..,.............,..........,.....,.....,....... $ 566,860.00
Previously Approved Changes .........,..,........................,..,....,..,.....,..,..,..........,..,..,... $ 544,055.53
Total Adjusted Contract Amounl....,..,.......,..,..,...............,..,..,.............,...................., $ 8,278,915,53
Adjustment to Working Days ..,..,..,........,.......,..,.............,.......,..,.....,..,................,..,.....,..,.., 19 days
Prepared by:
Date
City of Temecula - David McBride
Senior Engineer
Submitted by:
Date:
City of Temecula - G.J. Butler, P.E.
Principal Engineer
Approved:
las authorized by City
Manager)
Date:
City of Temecula - William G. Hughes, P.E.
Director of Public Works/City Engineer
We the undersigned contractor have given careful consideration to the change proposed and hereby agree: If this
proposal is approved, that we will provide all equipment, furnish all materials. except as may otherwise be noted above;
and, perform all services necessary for the work specified above, and will accept as full payment the prices listed above.
Accepted:
Date:
Contractor:
Tovey Shultz Construction, Inc.
Company name
By:
Tille:
Signature
Name:
Printed
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications
as to proceeding with the ordered work and filing a written protest within the time therein specified.
R:\CIP\PROJECTS\PW02\PW02-23 RDA Theater\CC0\20050510 CCO#10.doc
. '
ITEM 14
APPROVAL (7.1 ---
CITY ATTORNEY w'"
DIRECTOR OF FINANr.'F "t J
CITY MANAGER ~
v
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: l)...);v&iIliam G, Hughes, Director of Public Works/City Engineer
DATE: May 10, 2005
SUBJECT: Bus Bench Upgrades, Project No, PW02-17
Award of a Construction Contract
PREPARED BY:
Amer Attar, Principal Engineer
Laura Bragg, Project Engineer
RECOMMENDATION:
That the City Council:
1. Award a construction contract for the Bus Bench Upgrades, Project No. PW02-17, to
Sutherlin Contracting Inc, in the amount of $221,780.00, and authorize the Mayor to
execute the contract.
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $22,178.00, which is equal to 10% of the contract amount.
3, Approve a transfer in the amount of $36,500.00 of Capital Project Reserves from the
Main Street Bridge Over Murrieta Creek (Replacement) to the Bus Bench Upgrade
Project.
BACKGROUND: On February 22, 2005 the City Council approved the plans and
specifications for the subject project and authorized the Public Work department to solicit
construction bids. The Bus Bench Upgrade Project will add bus benches and shade shelters at
various locations within the City of Temecula, This project will include 20 combination bus
bench/shade shelter structures with solar lighting which will protect bus patrons from the
elements.
The shelters will be 13 feet with an aluminum high peak roof with earth stone coated Gerard tile
and a logo plate in the center of each shelter end. The shelter will have a beige (RAL 1001)
durable baked powder coat finish. The benches will be a 6' steel strap bench with back, The
bench will have a beige baked polyolefin finish. The solar lighting will be a LED based custom
shelter security lighting system with dusk to dawn lighting,
Three (3) bids for the project were publicly opened on April 26, 2005, The results are as
follows:
1,
Sutherlin Contracting Inc,
$221,780,00
2.
Sadie Construction
$236,100,00
3.
All Purpose Manufacturing
$245,000.00
4.
Fleming Environmentallnc:
$359,424.00
A copy of the bid summary is available for review in the City Engineer's office.
Staff has reviewed the bid proposals and found that Sutherlin Contracting Inc. to be the lowest
responsible bidder for this project. Sutherlin Contracting Inc, has satisfactorily performed similar
type of work for other agencies.
The specifications allow Thirty (30) working days for completion of the project. Work is
expected to begin in June 2005 and be completed by the September 2005,
FISCAL IMPACT: The Bus Bench Upgrades is a Capital Improvement Program project
funded through Federal Transportation Administration and Capital Project Reserves, The
transfer of funds from Capital Project Reserves, Main Street Bridge Over Murrieta Creek
(Replacement) in the amount of $36,500.00 is necessary to cover the administration and
construction costs for this project. The total construction cost is $243,958.00, which includes
the contract amount of $221 ,780.00, plus the 10% contingency amount of $22,178.00.
ATTACHMENTS:
1. Project Description
2. Bus Stop Locations
3. Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW02-17
BUS BENCH UPGRADES
THIS CONTRACT, made and entered into the 10th ay of May, 2005, and between the City of
Temecula, a municipal corporation, hereinafter referred to as "CITY", and Sutherlin Contracting,
Inc., hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1, CONTRACT DOCUMENTS, The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW02-
17, BUS BENCH UPGRADES, Insurance Forms, this Contract, and all modifications and
amendments thereto, the State of California Standard Plans and Specifications for
Construction of Local Streets and Roads, (latest edition), issued by the California
Department of Transportation, where specifically referenced in the Plans, Special
Provisions, and Technical Specifications, and the latest version of the Standard
Specifications for Public Works Construction, including all supplements as written and
promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as
amended by the General Specifications, Special Provisions, and Technical Specifications
for PROJECT NO. PW02-17, BUS BENCH UPGRADES. Copies of these Standard
Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW02-17, BUS BENCH UPGRADES,
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions,
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
EXHIBIT '0" - EXAMPLE DRAWINGS & DETAILS
0.1 R:ICIPIPROJECTSIPW02IPW02.17 Bus Bench UpgradelConstruction Contract,dot
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 every1hing required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW02-11', BUS BENCH UPGRADES
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL, All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives,
4, CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO
HUNDRED TWENTY ONE THOUSAND SEVEN HUNDRED EIGHTY DOLLARS and NO
CENTS ($221,780.00), the total amount of the base bid,
CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working
days, commencing with delivery of a Notice to Proceed by CITY, Construction shall not
commence until bonds and insurance are approved by CITY,
5, CHANGE ORDERS, All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require, This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104,50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
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
EXHIBIT "D' - EXAMPLE DRAWINGS & DETAILS
0-2 R:\CIPIPROJECTSIPW02\PW02-17 Bus Bench Upgrade\Construction Contract.dot
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms
provided by the CITY,
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and that the amount stated in the certificate is due under the terms of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty (30)
days pursuant to Public Contracts Code Section 20104.50, Public Contract Code
Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3,2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to reduce
the retention to the Engineer.
7, LIQUIDATED DAMAGES - EXTENSION OF TIME, In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand dollars ($1,000,00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract, Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be
granted an extension of time and will not be assessed liquidated damages for
unforeseeable delays beyond the control of, and without the fault or negligence of, the
CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly
notify CITY of any such delay.
8. WAIVER OF CLAIMS, On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
9, PREVAILING WAGES, Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
of the Department of Industrial Relations, These rates are available from the California
Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777,6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25,00 for each calendar day, or portion thereof, for each
EXHIBIT '0" - EXAMPLE DRAWINGS & DETAILS
0-3 R:\CIPIPROJECTSIPW02\PW02-17 Bus Bench Upgrade\Construction Contract.dot
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
10, TIME OF THE ESSENCE. Time is of the essence in this contract.
11, INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY,
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
12. GRATUITIES, CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
13, CONFLICT OF INTEREST, CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids,
14, CONTRACTOR'S AFFIDAVIT, After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all finns supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims 0 r items i n connection with a Stop Notice which h as
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES, Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY,
16, BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17, INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
EXHIBIT '0" - EXAMPLE DRAWINGS & DETAILS
0-4 R:\CIPIPROJECTSIPW02\PW02-17 Bus Bench Upgrade\Construction Contractdot
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work, The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18, DISCRIMINATION, CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
19. GOVERNING LAW, The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula, In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation,
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter,
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, officer or employee of t he 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 t he City of T emecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4,6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California,
21, ADA REQUIREMENTS, By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended,
22, WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U,S, Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
William G, Hughes
Director of Public Works/City Engineer
City of Temecula
P.O, Box 9033
Temecula, CA 92589-9033
Street Address:
William G, Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
EXHIBIT "D' - EXAMPLE DRAWINGS & DETAILS
D.5 R:\CIPIPROJECTSIPW02\PW02-17 Bus Bench Upgrade\Construction Contract,dot
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written,
DATED:
CONTRACTOR
Sutherlin Contracting, Inc,
2007 Muira Lane
EI Cajon, CA 92019
(619) 588-8895
Kristi Sutherlin, President
Print or type NAME
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED:
CITY OF TEMECULA
Jeff Comerchero, Mayor
APPROVED AS TO FORM:
Peter M, Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
EXHIBIT '0" - EXAMPLE DRAWINGS & DETAILS
0-6 R:ICIPIPROJECTSIPW02IPW02-17 Bus Bench UpgradelConstruction Contract.dot
ITEM 15
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN E
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
May 10, 2005
SUBJECT:
Annual Purchase Agreement for FY2004-2005 and FY2005-2006 for the
Purchase of Hot Mix Asphalt and SS1H Emulsion Tack for Street and
Pothole Repairs
PREPARED BY:
Bradley A. Buron, Maintenance Superintendent
RECOMMENDATION:
That the City Council approve:
1. Approve purchase agreement with CalMat (dba Vulcan Materials Company) for the purchase
of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pothole repairs in the amount of
$50,000.00 for the remaining 2004-2005 fiscal year.
2. Approve the purchase agreement with CalMat (dba Vulcan Materials Company) for the
purchase of Hot Mix Asphalt and SS1 H Emulsion Tack for street and pothole repairs in the
amount of $50,000.00 for fiscal year 2005-2006.
BACKGROUND: Due to the heavy rainfall that the City has experienced in the last few months,
along with the additional streets annexed into the City street maintenance system, the Public Works
Maintenance Division has experienced an increase in the number of streets and potholes that are
requiring repairs, This has resulted in an increase in the quantity of hot mix asphalt and SS 1 H tack
needed to complete the maintenance schedule for fiscal year 2004-2005. It is anticipated that street
repairs will need to proceed uninterrupted into fiscal year 2005-2006 to attend to existing damage,
as well as, the standard street maintenance schedule. Therefore we are requesting that the City
Council approve two purchase agreements with CalMat, one in the amount of $50,000.00 for fiscal
year 2004-2005 and another in the amount of $50,000.00 for fiscal year 2005-2006.
CalMat is the currently a sole source vender in the Southwest Riverside County for the purchase of
hot mix asphalt and SS1 H emulsion tack which can only be purchased at two (2) plant locations in
Romoland and Corona.
FISCAL IMPACT: Adequate funds are available in the Public Works, Maintenance Division
Routine Street Maintenance Account 001-164-601-5204 for fiscal year 2004-2005 and will be
included in the upcoming fiscal year 2005-2006 operating budget.
ATTACHMENTS:
Contract Agreements
1
R:\AGENDA REPORTS\2005\051 005\Annual CalMat Agrmt.DOCCalMat Agrmt
NON-EXCLUSIVE COMMODITY AGREEMENT
PUBLIC WORKS MAINTENANCE DIVISION
HOT MIX ASPHALT and SS1H EMULSION TACK
ANNUAL AGREEMENT
FY 2004-2005 & FY2005.2006
CITY OF TEMECULA
THIS AGREEMENT is made and entered into as of May 10, 2005, by and between the City of
Temecula, a municipal corporation and CalMat (dba Vulcan Materials Company) (Vendor). In
consideration of the promises and mutual a9reements herein contained, the parties hereto agree as
follows:
1. Purchase of Goods Intent of Parties. Vendor recognizes and agrees that this Agreement is for
the purpose of establishing a contractual relationship between the City and the Vendor for the non-
exclusive procurement of hot mix asphalt and emulsion as specified on Exhibit A, attached hereto and
incorporated herein as thou9h set forth in full. The Vendor understands this Agreement is non-exclusive
and the City reserves the right to purchase similar 900ds from other vendors. The City recognizes that
CalMat (dba Vulcan Materials Company) is currently a sole source vender in the Southwest Riverside
County for the purchase of hot mix asphalt and SS1 H emulsion tack which can only be purchase at two
(2) plant locations in Romoland and Corona.
2, Term of Agreement. This Agreement shall commence on May 10, 2005 and shall terminate
as of June 30, 2006,
3. Payment. The City agrees to pay the Vendor for actual material ordered and received with an
annual not to exceed amount of Fifty Thousand Dollars and No Cents ($50,000,00), City
acknowledges that the cost of the materials is variable and can rise or lower depending on market place
variable. The City may purchase up to the maximum value specified herein, Vendor will submit invoices
monthly for actual merchandise ordered and received by City. Invoices shall be submitted between the
first and fifteenth day of each month for merchandise purchased and accepted. Payment will be made
within thirty (30) business days following the receipt of invoice as to all non-disputed fees. The not to
exceed purchase amount listed herein is an estimated expenditure and this Agreement does not
guarantee Vendor this amount in purchases.
4. Representations and Warranties of Vendor, Vendor makes the following representations and
warranties to City:
a. Authoritv and Consents. Vendor has the right, power, legal capacity and authority to enter
into and perform its obligations under this Agreement. No approvals or consents of any persons are
necessary in connection with Vendor's execution, deiivery, and performance of this A9reement, except for
such as have been obtained on or prior to the date hereof. The execution, delivery, and performance of
this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and
constitute legal, valid, and binding obligations of Vendor, enforceable a9ainst Vendor in accordance with
their respective terms.
b. Title and Ooeratinq Condition. Vendor has good and marketable title to all of the material.
All of the material is free and clear of any restrictions on or mortgages, liens, pledges, charges,
encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be
created or granted by City. All of the material is in good condition, free of any defects, and are in
conformity with the specifications, descriptions, representations and warranties.
c. Full Disclosure. None of the representations and warranties made by Vendor in this
Agreement contain or will contain any untrue statement of a material fact, or omits to state a material fact
necessary to make the statements made, in 1i9ht of the circumstances under which they were made, not
misleadin9,
1
r:\Maintaln\Workorders\Conlract Mastor\2004-2005\Main Street Signs
5. Time and Place of Purchase of Material The date and time of delivery of the material shall be
stated at time of order. The material shall be picked up by the City at one of the business locations as
stated on the purchase order or at time of material order.
6. Inspection and Acceptance, City shall inspect the material at the time and place of purchase.
Such inspection may include reasonabie review by City. If in the determination of the City, the material
fails to conform to the composition required for usage, City shall so notify Vendor at the time of pick-up of
material by City. Failing such notice, the material shall be deemed accepted by City as of the date of
receipt.
7. Rejection, In the event of such notice of non-conformity by City pursuant to Section 7, City may,
at its option (1) reject whole of the material, (2) accept the whole of the materiai, or (3) accept any
commercial unit 0 r units/portions 0 f t he material a nd reject the remainder. The exercise of a ny of t he
above options shall be "without prejudice" and will full reservation of any ri9hts and remedies of City
attendant upon breach, In the event of such notice and election by City, the City agrees to comply with all
reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such
instructions Vendor shall indemnify in full for such expenses.
8. No Replacement of Cure, This Agreement calls for strict compliance. Vendor expressly agrees
that both the material tendered and the tender itself will conform fully to the terms and conditions of the
Agreement on the original tender. In the event of rejection by City of the whole of the material or any part
thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from
Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor.
9. Non-Assignability. The Vendor shall not assign the performance of this Agreement, nor any
part thereof, nor any monies due hereunder, without prior written consent of the City.
10. Independent Contractor. The Vendor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performin9 the Work under this A9reement on behalf of the
ContractorNendor shall at all times be under Contractor'sNendor's exclusive direction and control.
11. Legal Responsibilities, The Vendor shall keep itself informed of all local, S tate, and Federal
ordinances, laws, regulations, and procedures which in any manner affect those employed by it or in any
way affect the performance of its services pursuant to this Agreement. Vendor shall at all times observe
and comply with all such ordinances, laws, regulations and procedures. The City, and its officers, agents,
employees, and volunteers shall not be liable at law or in equity occasioned by failure of the Vendor to
comply with this section.
12. Indemnification, The Vendor agrees to defend, indemnify, protect and hold harmiess the City,
its officers, officials, employees and volunteers from and against any and all claims, demands, losses,
defense costs or expenses, includin9 attorney fees a nd expert witness fees, or liability 0 f any kind or
nature which the City, its officers, agents and employees may sustain or incur or which may be imposed
upon them for injury to or death of persons, or damage to property arising out of negligent or wrongful
acts 0 r omissions a rising out of or i n a ny way related to the performance 0 r non-performance of this
Agreement, excepting only liability arising out of the negligence of the City.
13. Termination or Suspension. This Agreement may be terminated or suspended at any time, for
any reason, with or without cause at the sole and exclusive discretion of the City Manager, without
default or breach of this Agreement by the City.
14. Survival of Representations and Warranties, All representations, warranties, covenants and
a9reements of the parties contained in this A9reement shall survive the execution, delivery, and
performance of this Agreement.
15. Remedies, The remedies and rights conferred on the City by this Agreement are in addition to
and cumulative of all other remedies and ri9htS accorded the City under law or equity,
2
r:\Maintain\Workorders\Contract Mastor\2004-2005\Main Street Signs
16. Severability, If any provision of this Agreement is held invalid or unenforceable by any court of
final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to
remain fully valid, enforceable, and binding on the parties
17. Governing Law, This Agreement shall be construed in accordance with, and governed by, the
laws of the State of California as applied to contracts that are executed and performed entirely in
California.
18. Entire Agreement. This is the entire agreement between the parties regarding the commodities
purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective
unless In writin9 and assigned by the parties to this Agreement.
3
r:\Maintain\Workorders\Contract Mastor\2004~2005\Main Street Signs
IN WITNESS WHEREOF, t he parties hereto have executed this Agreement as of the date first above
written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As To Form:
Peter M. Thorson, City Attorney
Vendor:
CalMat
(dba) Vulcan Materials Company
2400 W, Highland Ave.
San Bernardino, CA 92407
Phone: (909) 421-4162
Don Luna, District Sales Manager
John Gasparo, Area Sales Manager
4
r:\Maintain\Workorders\Contract Mastor\2004-2005\Main Street Signs
Exhibit A
Annual Purchase of Hot Mix Asphalt and SS1H Emulsion Tack for Street and Pot Hole Repairs
at market pricing to exceed amount for non,exclusive purchase of hot mix asphalt and SS1H
emulsion tack is $50,000,00. This purchase amount listed herein is an estimated expenditure
and this agreement attached hereto as though set forth in full does not guarantee vendor this
amount in purchases.
5
r:\Maintain\Workorders\Contract Mastor\2004-2005\Main Street Signs
ITEM 16
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER 'fjl7
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Mam.er/City Council
Grant~s, Assistant to the City Manager/HR Director
May 10, 2005
TO:
DATE:
SUBJECT:
Resolution Providing Support for the relocation of a Southern California Office of
Homeland Security at the Ben Clark Training Center
(At the request of Council member Edwards)
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING A U.S. HOMELAND SECURITY
ADMINISTRATION STATIONED AT THE RIVERSIDE COUNTY
SHERIFF'S DEPARTMENT BEN CLARK TRAINING CENTER
BACKGROUND: At the request of Councilmember Edwards, the following request for a City
position of support is being presented,
The Ben Clark Training Center (BCTC) is a fully operating, advanced training facility that currently
provides training to more than 6,000 first responders annually, including federal, state and local
governmental and military personnel. It is the first operational joint public safety training center in
California, and possibly the country,
The City of Temecula supports BCTC as the Southern California Regional Training Center for the
U.S. Homeland Security Administration based on the following:
. Long-time service to federal, state, county and municipal governments in the training of first
responders, military, and specialized personnel.
. Multi-use operations, promoting cooperation and cross-training among multi-agency
partnerships to provide a complete array of first responder and disaster preparedness
training,
R:\ADAMSA\CQUNCIL\Edwards Homeland Security Staff Report.doc
. Location on 375 acres adjacent to the March Air Reserve Base in central Riverside County,
the center of the Inland Empire and home to the first California POST certified peace officer
training academy, accredited with our community partner, Riverside Community College.
. Current training facilities that include more than 100,000 square feet of classroom and office
space as well as on site food and lodging, emergency dispatch/communications center,
physical training complex and interactive driving and force simulators.
. Future complex now in development that includes a multi-million dollar Force Continuum
Center that is scheduled for completion in July 2005.
. Approved Phased Master Plan which includes training complexes for underwater dive
rescue and recovery, canine training, emergency driver training, fire-rescue, corrections
training, equine training and scenario training including large-scale incidents such as train
derailment and aircraft disasters.
. Well-established, multi-disciplinary partnership necessary to deliver homeland security
training to the region,
. Current range of first responder training courses including basic-advanced law enforcement
training, basic-advanced fire-rescue training, Weapons of Mass Destruction, hazardous
material responses and other homeland security related training.
. Unique opportunity to work with each branch of the U.S. Armed Forces currently operating
on March Air Reserve Base, using the deactivated March Hospital to serve as an
educational, training and functional biological and chemical warfare training site.
. Recognized public and private partnerships between BCTC, March Air Reserve Base, March
Joint Powers Authority and Federal law enforcement agencies assigned to March ARB.
The public expects that responses to homeland security emergencies will be provided in a cohesive
and unified system of law enforcement, fire, and emergency medical practitioners who function as a
team rather than individuals. This region cannot lose the opportunity to provide the most superior
training facility for homeland security while greatly minimizing cost by utilizing an existing, fully
operational facility at the Ben Clark Training Center,
The Economic Development Corporation of SW California as well as the City of Murrieta are also in
support of this concept.
FISCAL IMPACT:
None at this time.
ATTACHMENTS:
Resolution No, 05-_
R:\ADAMSA\CQUNCIL\Edwards Homeland Security Staff Report.doc
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA SUPPORTING A U.S. HOMELAND
SECURITY ADMINISTRATION STATIONED AT THE
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT BEN
CLARK TRAINING CENTER
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
REQUEST AS FOLLOWS:
WHEREAS, the Ben Clark Training Center has been a long,time service to federal, state,
county and municipal governments in the training of first responders, military, and specialized
personnel; and
WHEREAS, the Ben Clark Training Center has multi-use operations, promoting cooperation
and cross-training among multi-agency partnerships to provide a complete array of first
responder and disaster preparedness training; and
WHEREAS, the Ben Clark Training Center has 375 acres adjacent to the March Air Reserve
Base in central Riverside County, the center of the Inland Empire and home to the first Califomia
POST certified peace officer training academy, accredited with our community partner, Riverside
Community College; and
WHEREAS, the Ben Clark Training Center has current training facilities that include more
than 100,000 square feet of classroom and office space as well as on site food and lodging,
emergency dispatch/communications center, physical training complex and interactive driving
and force simulators; and
WHEREAS, the Ben Clark Training Center has a future complex now in development that
includes a multi-million dollar Force Continuum Center that is scheduled for completion in July
2005; and
WHEREAS, the Ben Clark Training Center has an approved Phased Master Plan which
includes training complexes for underwater dive rescue and recovery, canine training,
emergency driver training, fire-rescue, corrections training, equine training and scenario training
including large-scale incidents such as train derailment and aircraft disasters; and
WHEREAS, the Ben Clark Training Center has a well-established, multi-disciplinary
partnership necessary to deliver homeland security training to the region; and
WHEREAS, the Ben Clark Training Center has a current range of first responder training
courses including basic-advanced law enforcement training, basic-advanced fire-rescue training,
Weapons of Mass Destruction, hazardous material responses and other homeland security
related training; and
WHEREAS, the Ben Clark Training Center has a unique opportunity to work with each
branch of the U.S. Armed Forces currently operating on March Air Reserve Base, using the
deactivated March Hospital to serve as an educational, training and functional biological and
chemical warfare training site; and
Resos\99-40
WHEREAS, the Ben Clark Training Center has recognized public and private partnerships
between BCTC, March Air Reserve Base, March Joint Powers Authority and Federal law
enforcement agencies assigned to March ARB; and
THEREFORE BE IT RESOLVED, The City of Temecula City Council supports aU,S,
Homeland Security Administration stationed at the Riverside County Sheriffs Department Ben Clark
Training Center;
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 10th day of May, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W, Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W, Jones, City Clerk of the City ofTemecula, California, do hereby certify that Resolution
No. 00- was duly and regularly adopted by the City Council of the City of Temecula at a regular
meeting thereof held on the 10th day of May, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
o
o
COUNCILMEMBERS:
ABSENT:
o
COUNCILMEMBERS:
Resos\99-40
2
Resos\99-4Q
3
Susan W, Jones, CMC
City Clerk
ITEM 17
APPROVAL
CITY ATTORNEY
DIRECTOR OF FIN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
Jim O'Grady, Assistant City Managal\/'--
May 10, 2005 '-\J"
DATE:
SUBJECT:
Consideration of Amendment to Agreement Dated December 9, 2003
with Shute, Mihaly & Weinberger LLP for Legal Services Regarding
Valley-Rainbow Line.
RECOMMENDATION: That the City Council authorize the City Manager to approve an
amendment to the City's Agreement with Shute, Mihaly & Weinberger LLP to increase the City
of Temecula's share of funding for legal services by $16,000.
BACKGROUND: On December 16, 2003, the City Council approved an agreement with
Shute, Mihaly & Weinberger LLP (SMW) for legal services relating to continued monitoring and
representation relating to our opposition to the proposed Valley-Rainbow project. The cost of
these services have been shared with the Cities of Murrieta and Hemet. The original agreement
provided for a maximum of $60,000 for these legal services, with the cities of Temecula and
Murrieta each providing $24,000 and Hemet providing $12,000, Since then, SMW has
monitored Public Utilities Commission, California Energy Commission, Independent Systems
Operator and Legislative proceedings, has provided information and has entered filings as
appropriate on behalf of the cities. There is a continuing need for this work, and SMW is now
approaching the maximum amount provided in the original agreement. This amendment
provides for additional funding so that this work may continue,
The City of Hemet has approved an additional funding amount of $8,000, and Murrieta wili be
considering an additional funding amount of $16,000. Staff recommends that the City Council
approve an amendment to our original agreement in the amount of $16,000. This retains the
original cost-sharing formula and provides a total of $40,000 additional funding for this work.
FISCAL IMPACT: Approval of this amendment will result in an expenditure of up to $16,000.
Funds are available in the City Attorney Budget (account 999-130-5246),
ATTACHMENTS:
1. Proposed Amendment
2. Agreement with Shute, Mihaly & Weinberger LLP dated December 9, 2003
AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA AND
SHUTE, MIHALY & WEINBERGER LLP
FOR LEGAL SERVICES
REGARDING VALLEY-RAINBOW TRANSMISSION LINE
THIS AMENDMENT, is made and entered into as of May 10, 2005 by and between the City of
Temecula, a municipal corporation ("City") and Shute, Mihaly & Weinberger LLP ("Firm"), In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. This Amendment is made with respect to the following facts and purposes:
A, On December 16, the City and Firm entered into that certain agreement entitled
"Legal Retainer Agreement" in the total amount of $60,000,
B. The City of Temecula's share of these costs was 40% of the total costs, or $24,000,
with other funding provided by the Cities of Murrieta and Hemet.
C. The parties now desire to increase the total amount of these services to a total
amount of $100,000, with the City of Temecula's share of these costs remaining at
40%,
2. Paragraph 2 of Section 3, Retainer, of the Agreement is hereby amended to read as
follows:
At your request, we have provided an estimate that the Firm's work for the Client
Cities under this Agreement will be approximately $5,000 per month, The Firm's
billings on this matter will not exceed $100,000 without the prior written consent of
Client Cities, If at any time we anticipate that our total billings could exceed $60,000,
we will consult with Client Cities regarding how to proceed,
3, Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
2
1...\..
f'i'
-
SHUTE, MIHALY & WEINBERGER LLP
A TTORNEYS A T LAW
E. CLEMENT SHUTE, .JR.
MARK I. WEINBERGER
MARC B. MIHALY, P.C.
FRAN M. LAYTON
RACHEL B. HOOPER
ELLEN.... GARBE"A
CHRISTY H. TAYLOR
TAMARA S. GALANTER .
ELLISON FOLK
RrCHARD S. TAYLOR
WILLIAM.J. WHITE
ROBERT S. PERLMUTTER
OSA L. ARMI
BRIAN oJ, JOHNSON
".JANETTE E. SCHUE
. 396 HAYES STREET
SAN FRANCISCO I CALI.FORNIA 94 I 02
TELEPHONE: (415) 552-7272
FACSIMILE: (415) 552-5816
WWW.SMWLAW.COM
,JEFFREY M. BRAX
MARLENA G. BYRNE
MATTHEW D. ZINN
CATHERINE C. ENGBERG
ERIN RYAN
MATTHEW O. VESPA
LAUREL L. IMPETT, AICF'
CARMEN"'. BORG
URBAN I"LAHNItIlS
ELIZABETH M. DODO
DAVID NAWI
OF COUNSI!:L
December 9, 2003
Steve Mandoki, City Manager
City of Murrieta
26442 Beckman Court
Murrieta, CA 92562
RECEIVED
FEB 2 0 2004
CITY MANAGER'~
OFFICE ~
Steve Temple, City Manager
City of Hemet
Civic Center
450 E, Latham A venue
Hemet, CA 92543
OSA L. ARMI
J
ATTORNEY AT LAW
Shawn Nelson, City Manager
City of Temecula
43200 Business Park.Drive
Temecula, CA 92589
SHUTE. MIHALY S WEINBERGER LLP
396 HAYES STREET. SAN FRANCISCO. CA 94102'
ARMI@SMWI..AW.COM
TEL (4151 55.2-7272
FAX (415) 552-5816
Re: Lel!:al Retainer Al!:reement
Dear Mr. Mandoki, Mr, Temple and Mr. Nelson:
This letter sets forth the terms under which Shute, Mihaly & Weinberger
LLP ("Firm") will provide legal services to the City of Murrieta, the City of Hemet and
the City of Temecula (collectively "Client Cities") in connection with the potential
proposal to develop a high-voltage electrical transmission line in the vicinity of the Client
Cities, If you agree to the terms Of this retainer agreement ("Agreement"), please sign
one copy of this letter and return it to me at your earliest convenience" I will provide a
copy ofthe fully executed agreement to you for your files,
o
()
Mr, Mandoki, Mr, Temple and Mr. Nelson
December 9,2003
Page 2
1. Legal Services to Be Provided
The Firm is retained to provide Client Cities the following legal services:
monitor proceedings at the California Public Utilities Commission, California
Independent System Operator and other agencies related to the potential proposal to
develop a high-voltage electrical transmission line in the vicinity of the Client Cities. The
Firm is not at this time being retained to make any filing with or appearances at the
California Public Utilities Commission, California Independent System Operator or any
other forum on behalf of Client Cities,
2. Legal Fees, Costs and Billing Practices .
The Firm's hourly billing rates for these services will be as follows:
Partner
Jr. Partner
Sr; Associate
Jr. AssoCiate/Fellow
Planner
As'soc, Planner
Law Clerk
$225
$210
$190
$165
$160
$135
$55
Fees will be charged in increments of one-tenth of an hour, The hourly rates on the above
schedute may be changed by the Firm on written notice to Client Cities, These rates are
subject to reasonable increases, and we anticipate reviewing and updating our rates on an
annual basis, If Client Cities decline to pay for the Firm's services at any increased rates,
the Firm will have the right to withdraw as Client Cities' attorneys, The Firm has errors
and omission insurance coverage applicable to the services being provided under this
Agreement.
Client Cities will also reimburse Firm for costs incurred in the course of
representation, including fees fixed by law or assessed by public agencies, long-distance
telephone, facsimile, messenger services, postage, photocopying, and charges for
electronic legal research, In the event of out of town travel, Client Cities agree to pay all
transportation costs, parking and meals, as well as the hourly rates for attorney travel
time, The Firm will provide detailed monthly billing statements for fees and costs
incurred, Client Cities agree to pay the Firm's billed costs and fees ~ithin thirty (30) days
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Mr, Mandoki, Mr, Temple and Mr. Nelson
December 9, 2003
Page 3
of billing,
By participating in this Agreement, the Client Cities acknowledge and agree
to the cost sharing breakdown presented below and that the Firm shall send each of the
Client Cities a copy of each bill with a cover letter that breaks down the total billings as
folJows:
City of Murrieta
City of He met
City ofTemecula
40% of Firm billings
20% of Firm billings
40% of Firm bil\ings
3. Retainer
Client Cities agree to jointly provide the Firm with an initial retainer of
$5,000 for these services before we commence work on this matter, These funds wil\ be
placed in the Firm's client trust account Any interest earned on this account will be
treated in accordance with state law, which currently requires payment of interest to the
State Bar of California to fund legal services for indigent persons, We wil\ bil\ against
the retainer for work performed by the Firm on this matter. After this retainer is
exhausted, we will bill Client Cities directly for any additional services provided,
At yourrequest, we have provided an estimate that the Firm's work for the
Client Cities under this Agreement will be approximately $5,000 per month, The Firm's
billings on this matter wil\ not exceed $60,000 without the prior consent of Client Cities,
If at any time we anticipate that our total billings could exceed $60,000, we will consult
with Client Cities regarding how to proceed,
4. Authorized Representative(s) of Client Cities
Client Cities designate the folJowing authorized representatives to direct the
Firm and to be the primary persons to communicate with the Firtn regarding the subject
matter of this Agreement:
City of Murrieta
City of He met
City ofTemecula
Steve Mandoki
Mark Orme
Jim O'Grady
o
o
Mr. Mandoki, Mr, Temple and Mr, Nelson
December 9, 2003
Page 4
This designation is intended to establish a clear line of authority and to minimize potential
uncertainty, but not to preclude communication between the Firm and other
representatives of Client Cities, Unless directed otherwise by Client Cities, all
correspondence and bills will be directed to the designated authorized representatives,
S. Discharge and Withdrawal
Anyone of the Client Cities may discharge the Firm as attorney for the
Client Cities at any time by providing written notice to the Firm, which is effective upon
receipt by the Firm, In the event of such discharge, if the Firm is Client Cities' attorney
of record in any proceeding, the Firm will promptly provide Client Cities with a
substitution of attorney form, Client Cities will execute and return the substitution of
attorney form immediately upon receipt from the Firm,
The Firm may withdraw at any time as permitted under the Rules of
Professional Conduct of the State Bar of California, A valid reason for withdrawal by the
Firm would include, but not be limited to, Client Cities' consent, Client Cities' breach of
this Agreement, Client Cities' failure to pay fees and costs as provided in this Agreement,
Client Cities' conduct renders it unreasonably difficult for the Firm to carry out the
representation effectively, or any fact or circumstances that would render the Firm's
continuing representation unlawful or unethical. At such time as the Firm's services
conclude, all unpaid fees for legal and related services and costs and expenses will
immediately become due and payable.
6. Case File
After the Firm's services conclude, the Firm will, upon Client Cities'
request, deliver the file for this matter to Client Cities, If Client Cities do not request the
file for this matter, the Firm will retain it for a period of five years after the matter is
" ,
closed, If Client Cities do not request delivery of the file for this matter before the end of
the five-year period, the Firm will have no further obligation to retain the file and may, at
the Firm's discretion, destroy it without further notice to Clierit Cities, At any point
during the five-year period, Client Cities may request delivery of the' file,
7" No Guarantee
Nothing in this Agreement and nothing in the Firm's statements to Client
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Mr. Mandoki, Mr. Temple and Mr. Nelson
December 9, 2003
Page 5
Cities will be construed as a promise or guarantee about the outcome of this matter, The
Firm makes no such promises or guarantees,
8. Conflicts Waiver
As you know, the Firm has for a number of years represented and continues
to represent a group known as Save Southwest Riverside County ("SSRC") on matters
related to the proposal by San Diego Gas and Electric Company ("SDG&E") to develop
an electrical transmission line in the vicinity of Client Cities, The interests and objectives
of the Client Cities do not currently appear to be adverse to the interests and objectives of
SSRC with respect to the potential proposal to develop an electrical transmission line in
the vicinity of the Client Cities, Moreover, such a conflict appears unlikely to arise in the
context of the Firm's representation of Client Cities as described herein because the
Firm's work for Client Cities is limited to monitoring developments, It is, however,
possible that a conflict could arise in the future, If a conflict were to arise, the Firm
would first work with the represented parties to see if the conflict could be resolved. If,
however, the conflict could not be resolved, the Firm would cease its representation of the
Client Cities and continue to represent SSRC, to the extent possible,
Similarly, the interests and objectives of City of Murrieta, the City of Hemet
and the City of Temecula do not currently appear to be adverse with respect to the
potential proposal to develop an electrical transmission line in the vicinity of the Client
Cities, Such a conflict appears unlikely to arise in the context of the Firm's
representation of Client Cities as described herein because the Firm's work for Client
Cities is limited to monitoring developments, It is, however, possible that a conflict could
arise in the future, If a conflict were to arise, the Firm would first work with the Client
Cities to see if the conflict could be resolved, If, however, the conflict could not be
resolved, the Firm would cease its representation of the Client Cities,
The Firm's representation of multiple clients as described herein will have
significant implications that you shoutdconsider carefully, For example, the location of
any transmission line that might be proposed in the vicinity of Client Cities could be the
source of potential conflicts because a location that would be advantageous to one party
would likely be disadvantageous to another, Moreover, conflicts could arise if the Firm
were to receive inconsistent instructions from the parties, In addition, under the
California Evidence Code, section 962, and California case law, in cases of joint
representation there is no attorney client privitege between or among the joint clients,
()
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Mr. Mandoki, Mr. Temple and Mr. Nelson
December 9,2003
Page 6
Our concurrent representation of Client Cities and of SSRC may therefore result in
waiver of attorney client privilege in the event of a civil proceeding between or among
the represented parties,
As attorneys, we are governed by specific rules relating to our
representation of multiple clients who have interests that actually or potentially conflict.
Rule 3-310 of the California Rules of Professional Conduct provides, in relevant part, that
lawyers "shall not, without the informed written consent of each client: , , . accept
representation of more than one client in a matter in which the interests of the clients
potentially conflict, , ," Accordingly, we request that you sign this Agreement
acknowledging that we have advised you of the above-quoted rule as well as the potential
conflict associated our concurrent representation of muitiple parties with respect to the
matters described herein, and that you nonetheless want us to represent Client Cities,
We look forward to working with you on this matter. If this Agreement is
satisfactory, please execute it and return it to me, This Agreement may be executed in
two or more counterparts and shall be effective asofthe date of the last signature,
ACCEPTED AND AGREED:
DATED:
Steve Mandoki , City Manager
City of Murrieta
DATED:
Steve Temple, City Manager
City of Hemet
DATED:
Shawn Nelson, City Manager
City of Temecula ,
S:\RETAINER\oIa008 (Temecuta, Murrieta. Hema.).wpd
n
o
Mr, Mandoki, Mr, Temple and Mr, Nelson
December 9,2003
Page 6
Our concurrent representation of Client Cities and of SSRC may therefore result in
waiver of attorney client privilege in the event of a civil proceeding between or among
the represented parties,
As attorneys, we are governed by specific rules relating to our
representation of multiple clients who have interests that actually or potentially conflict.
Rule 3-310 of the California Rules of Professional Conduct provides, in relevant part, that
tawyers "shall not, without the informed written consent of each ctient: , , . accept
representation of more than one client in a matter in which the interests of the clients
potentially conflict, , ," Accordingly, we request that you sign this Agreement
acknowledging that we have advised you of the above-quoted rule as well as the potential
conflict associated our concurrent representation of multiple parties with respect to the
matters described herein, and that you nonetheless want us to represent Cljent Cities,
We took forward to working with you on this matter, If this Agreement is
satisfactory, please execute it and return it to me, This Agreement may be executed in
two or more counterparts and shall be effectiVe as of the date of the last signature,
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP
Marc B, Mihaly
ACCEPTED AND AGREED:
\'/_A~
c:;)~~
Steve Mandoki , City Manager
City of Murrieta
DATED: /2.1J"-.e?
I\.~: o..~~ ~~Cler't:..
DATED:
Steve Temple, City Manager
City of Hemet
DATED:
Shawn Nelson, City Manager'
City of Temecula
S:\RETAINER\oIa008 (Temecula, Murrieta, Hemet).wpd
.
()
.0
, .
Mr. Mandoki, Mr. Temple and Mr. Nelson
December 9, 2003
Page 6
Our concurrent representation of Client Cities and of SSRC may therefore result in
, waiver of attorney client privilege in the event of a civil proceeding between or among
the represented parties, .
As attorneys, we are governed by specific rules relating to our
representation of multiple clients who have interests that actually or potentially conflict.
Rule 3-310 of the California Rules of Professional Conduct provides, in relevant part, that
lawyers "shall not, without the informed written consent of each client: . . . accept
representation of more than one client in a matter in which the interests ofthe clients
potentially conflict.. ," Accordingly, we request that you sign this Agreement
acknowledging that we have advised you of the above-quoted rule as well as the potential
conflict associated our concurrent representation of multiple parties with respect to the
matters described herein, and that you nonetheless want us to represent Client Cities.
We look forward to working with you on this matter. If this Agreement is
satisfactory, please execute it and return it to me, This Agreement may be executed in
two or more counterparts and shall be effective as of the date of lhe last signature.
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP .
Marc B. Mihaly
ACCEPTED AND AGREED:
DATED:
Steve Mandoki , City Manager
City of Murrieta
DATED:
,(30 (0 '1
Steve Temple, City Manager
City of Hemel
DATED:
Shawn Nelson, City Manager
City of Temecula
S:IRETAlNERIoIa008 (Tomea1la, M1l1rieta, Hemetl.wpd
n
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Mr. Mandoki, Mr. Temple and Mr. Nelson
December 9, 2003
Page 6
Our concurrent representation of Client Cities and of SSRC may therefore result in
waiver of attorney client privilege in the event of a civil proceeding between or among
the represented parties,
As attorneys, we are governed by specific rules relating to our
representation of multiple clients who have interests that actually or potentially conflict,
Rule 3-310 of the California Rules of Professional Conduct provides, in relevant part, that
lawyers "shall not, without the informed written consent of each client: , , . accept
representation of more than one client in a matter in which the interests of the clients
potentially conflict, , ." Accordingly, we request that you sign this Agreement
acknowledging that we have advised you of the above-quoted rule as well as the potential
conflict associated our concurrent representation of multiple parties with respect to the
matters described herein, and that you nonetheless want us to represent Client Cities,
We look forward to working with you on this matter. If this Agreement is
satisfactory, please execute it and return it to me, This Agreement may be executed in
two or more counterparts and shall be effective as of the date of the last signature,
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP
Marc B, Mihaly
ACCEPTED AND AGREED:
DATED:
Steve Mandoki , City Manager
City of Murrieta
DATED:
Steve Temple, City Manager
C"ilD.~
S"hawn Nelson, City Manager
City of Temecula ~
S:\RET AlNER\ola008 rrcme()a, Mutri:ta, Hemet).wpd
DATED: 12-/7-Dr
7,""
," .
'~
,"
Mr, Mandoki, Me, Temple and Mr, Nelson
December 9,2003
Page 6
Our concurrent representation of Client Cities and of SSRC may therefore result in
waiver of attorney client privilege in the event of a civil proceeding between or among
the represented parties,
As attorneys, we are governed by specific rules relating to our
representation of multiple clients who have interests that actually or potentially conflict.
Rule 3-310 of the California Rules of Professional Conduct provides, in relevant part, that
tawyers "shall not, without the informed written consent of each client: , , , accept
representation of more than one client in a matter in which the interests of the clients
potentially conflict, . ," Accordingty, we request that you sign this Agreement
acknowledging that we have advised you of the above-quoted rule as well as the potential
conflict associated our concurrent representation of multiple parties with respect to the
matters described herein, and that you nonetheless want us to represent Client Cities,
We look forward to working with you on this matter. If this Agreement is
satisfactory, please execute it and return it to me, This Agreement may be executed in
two or more counterparts and shall be effective as of the date of the last signature,
Very truly yours,
~'M
Marc B, Mi ty
WEINBERGER LLP
ACCEPTED AND AGREED:
DATED:
Steve Mandoki , City Manager
City of Murrieta
DATED:
Steve Temple, City Manager
City of Hemet
DATED:
Shawn Nelson, City Manager
City of Temecula
S:\RETAINER\oIa008 (Temecu1a. Murrieta, Hemet).wpd
SHUTE, MIHALY & WEINBERGER LLP
ATTORNEYS AT LAW
E. CLEMENT SHUTE. .JR."
MARK I. WEINBERGER
MARC B. MIHALY, p.e.
FRAN M. LAYTON
RACHEL 8. HOOPER
ELLEN J. GARBER
CHRISTY H. TAYLOR
TAMARA S. GALANTER
ELLISON FOLK
RICHARD S. TAYLOR
WILLIAM J. WHITE
ROBERT S. PERlMUTTER
OSA L. ARMI
BRIAN J. JOHNSON
JANETTE E. SCHUE
MATTHEW O. ZINN
396 HAYES STREET
SAN FRANCISCO. CALIFORNIA 94102
TELEPHONE: (415) 552.7272
FACSIMILE: (415) 552-5816
WWW.SMWLAW.COM
CATHERINE C. ENGBERG
AMY.J. BRICKER
JENNY K. HAR81NE
MADELINE O. STONE
GABRIEL "1.8. ROSS
DEBORAH L. KEETH
WINTER KING *"
LAUREL L. IMPETT, AICP
CARMEN J. BORG
URBAN PLANNERS
DAVID NAWI
ANDREW W. SCHWARTZ
OF COUNSEL
"SI!:NIOR COUNSEL
."NOT LICENSED IN CALIfORNIA
April 8, 2005
Lori Moss, City Manager
City of Murrieta
26442 Beckman Court
Murrieta, CA 92562
Mark Onne, Assistant City Manager
City of Hemet
Civic Center
450 E, Latham Avenue
Hemet, CA 92543
Jim O'Grady, Assistant City Manager
City of Temecula
43200 Business Park Drive
Temecula, CA 92589
Re: Update Regarding Total Billings Under Retainer Agreement
Dear Ms, Moss, Mr, Onne and Mr, O'Grady:
Shute, Mihaly & Weinberger LLP ("Finn") has been privileged to
providing legal services to the City of Murrieta, the City of Hemet and the City of
Temecula (collectively "Client Cities") in connection with the potential proposal to
develop a high-voltage electrical transmission line in the vicinity of the Client Cities,
These services have been provided pursuant to our legal retainer agreement dated
December 9,2003, That retainer agreement provides for cost sharing between the Client
Cities and further provides that the Finn's billings on this matter will not exceed $60,000
without the prior consent of the Client Cities,
I am writing to inform you that our total billings in this matter have now
reached approximately $50,000, This amount has been split among the Client Cities as
agreed, I expect that total billings in this matter will probably exceed $60,000 in the
foreseeable future, Pursuant to the terms of our retainer agreement, I am therefore
seeking your consent to proceed, If you consent to our continued work on this matter
under the terms of our December 9, 2003 retainer agreement, please sign and return one
copy of this letter. The second enclosed copy is for your records,
Very truly yours,
~~~ WEfNBERGERLLP
Osa L. Armi
ACCEPTED AND AGREED:
DATED:
Lori Moss, City Manager
City of Murrieta
DATED:
Mark Orme, Assistant City Manager
City of Hemet
DATED:
Jim O'Grady, Assistant City Manager
City ofTemecula
IISmwlvoll_,haredlRET A1NERlolaOO 14(Temecula, Murrieta, Hemet),wpd
TEMECULA COMMUNITY ,
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
APRIL 26, 2005
A regular meeting of the City of Temecula Community Services District was called to order at
7:27 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT:
5
DIRECTORS:
Comerchero, Edwards, Naggar, Roberts,
and Washington
ABSENT:
o
DIRECTORS:
None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of April 12, 2005,
2 Award the Construction Contract for the Sports Complex Synthetic Turf - Proiect No.
PW01-17CSD Turf
RECOMMENDATION:
2.1 Award a construction contract for the Sports Complex Synthetic Turf - Project
No. PW01-17CSD Turf - to Byrom-Davey, Inc. in the amount of $2,311,700.00,
and authorize the President to execute the contract;
2.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $231,170.00, which is equal to 10% of the contract
amount.
3 TCSD Proposed Rates and Charaes for FY 2005-06
RECOMMENDATION:
3.1 Adopt a resolution entitled:
R:\Minutes.csdI042605
RESOLUTION NO. CSD 05-11
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
ACKNOWLEDGING THE FILING OF A REPORT WITH
RESPECT TO THE PROPOSED RATES AND CHARGES FOR
FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE
FOR A PUBLIC HEARING IN CONNECTION THEREWITH
MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1 - 3, The
motion was seconded by Director Edwards and electronic vote reflected unanimous approval.
DISTRICT BUSINESS
4 Naminq of Park Sites
RECOMMENDATION:
4.1 Approve the name Harveston Lake Park for a 17.1-acre park site in the
Harveston Development as recommended by the Community Services
Commission;
4.2 Approve the name Patricia H. Birdsall Sports Park for a 44-acre park site located
on Pechanga Parkway and Deer Hollow Road as recommended by the
Community Services Commission,
Development Services Administrator McCarthy reviewed the staff report (as per agenda
material), noting that the Master Homeowners Association dues had not been contributing to the
maintenance of this park and that this 17.1-acre park has been maintained by the developer
(Lennar).
General Manager Nelson advised that the CFD formed through Harveston will pay for the
ongoing maintenance of Harveston Lake Park. Mr. Nelson noted those assessments will
continue to be paid by the residents within Harveston through the CFD but that the City will
assume the ongoing maintenance responsibilities of the park site and that the City will pay one
half of the maintenance cost associated with the Lake.
Expressing his delight with the change in procedure of naming a park after an individual that is
still living, Director Roberts strongly supported the recommendations.
Sharing fond memories of Mrs. Birdsall, Director Comerchero commented on the honor it is for
him to offer the following motion:
MOTION: Director Comerchero moved to approve staff recommendation. The motion was
seconded by Director Roberts. (Prior to the electronic vote, the following comments were
offered:)
Commenting on the pleasure it brings to the Directors, staff, and the public to see Mrs. Birdsall
enjoy this honor, President Washington expressed his support of this recommendation.
R:lMinutes.csdI042605
2
Viewing Mrs. Birdsall as a fabulous role model and commenting on the many contributions she
has offered to the City, Councilwoman Edwards expressed her support of the recommendation.
Sharing many fond memories of Mrs. Birdsall and commenting on her outstanding leadership
skills, General Manager Nelson advised of her support of Proposition No. 218 (Special Tax to
maintain the City's parks).
In response to Councilman Washington, Community Services Director Parker advised that staff
will proceed with the placement of a historical Pat Birdsall plaque at her named park.
Councilman Naggar viewed the foundation Mrs. Birdsall and previously City Councils provided
to the City as a benefit that this City Council will continue to benefit from and build on and
congratulated Mrs. Birdsall on this well-deserved honor.
At this time, President Washington welcomed Mrs, Birdsall to address the District.
Thanking the Directors for this honor, Mrs. Birdsall commended many other people who
assisted with creating this City's foundation; thanked her wonderful support groups; and
commended the City's staff.
DEPARTMENTAL REPORT
No additional comments.
DIRECTOR OF COMMUNITY SERVICES REPORT
No additional comments.
GENERAL MANAGER'S REPORT
General Manager Nelson briefly commented on the four synthetic.turf fields at the Patricia H.
Birdsall Sports Park.
BOARD OF DIRECTORS' REPORTS
No additional comments.
R:\Minutes.csdI042605
3
ADJOURNMENT
At 8:06 P,M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, April 12, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
R:\Minutes,csd\042605
4
ITEM 2
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
TEMECULA COMMUNITY SERVICES DISTRICT
CITY OF TEMECULA
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman Parker, Director of Community Services
DATE:
May 10, 2005
SUBJECT:
Completion and Acceptance of Pablo Apis Park Add Amenities - Project No,
PW02-02
PREPARED BY:
iIIiam G, Hughes, Director of Public Works/City Engineer
mer Attar, Principal Engineer
Laura Bragg, Project Engineer ~
RECOMMENDATION:
That the Board of Directors:
1, Accept the Pablo Apis Park Add Amenities - Project No, PW02-02 as complete,
2. File a Notice of Completion, release the Performance Bond, and accept a one (1) year
Maintenance Bond in the amount of 10% of the contract.
3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion,
if no liens have been filed.
BACKGROUND: At the meeting of May 11, 2004, the City Council awarded the construction
contractlo Vido Samarzich, Inc. in the amount of $327,081,00 and authorized the Mayor to execute
the contract. Five change orders increased the contract amount by $23,002,09, bringing the total
cost of the project to $350,083,09,
The project consisted of site demolition, removal and disposal of unsuitable material and added
various park amenities including but not limited to a tot lot, picnic shelters, tables, benches,
walkways, drinking fountain, trash receptacles, park sign, play area signs, landscaping, irrigation
system, wood fiber and other ancillary work. The contractor has completed the work in
accordance with the approved plans and specifications and within the allotted contract time to
the satisfaction of the City Engineer. The construction retention for this project will be released
on or about 35 days after the Notice of Completion has been recorded,
FISCAL IMPACT: The Pablo Apis Park Add Amenities Project is a Capital Improvement
Program Project and was funded through Development Impact Fees - Parks and Recreation, The
total cost of the project was $350,083.09.
ATTACHMENTS:
1, Notice of Completion
2, Maintenance Bond
3, Contractor's Affidavit
R:\AGENDA REPORTS\2Q05\05 1 005\PW02-02Accept.DOC
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P,O. Box 9033
43200 Business Park Drive
T emecul., CA 925B9-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described, Nature of
Interest Vendee Under Contract,
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590,
3, A Contract was awarded by the City of Temecula to Vido Samarzich, Inc, 4972
Crestview Place, Alta Loma, California 91701 to perform the following work of improvement:
PABLO APIS PARK ADD AMENITIES
Project No. PW02.02
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work was
accepted by the City Council of the City of Temecula at a re9ular meeting thereof held on May 10,
2005, That upon said contract the Fidelity & Deposit Company of Maryland was surety for the bond
given by the said company as required by law,
5, The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
Pablo Apis Park Add Amenities
Project No, PW02.02
6, The location of said property is: 33005 Regina Drive. Temecula, California
Dated at Temecula, California, this 10t" of May, 2005
City of Temecula
Susan W, Jones CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 10t" day of May. 2005,
City of Temecula
Susan W. Jones CMC, City Clerk
R:\CIP\PROJECTS\PW02\PW02.02 Park Site C\CQMPlETION NOTE.doc
CITY OF TEMECULA. PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
FOR.
PROJECT NO. PW02-02
PABLO APIS PARK ADD AMENmES
KNOW ALL PERSONS BY THESE PRESENT THAT:
VIDO SAMARZICH, INC
4972 CRESTVIEW PLACE ALTA LOMA CA 91701
NAME AND ADDRESS CONTRACTOR'S
Bond No. 08712077
One of Two Originals.
a CORPORATION
(flIt In wIlolhof a Cot)lollltfoll. Partnerahlp Of /n111vfI1U81J
, hereinafter celled Princlp:;ll, :;Ind
Fidelity and Deposit Company of Maryland, 801 N Brand, Penthouse, Glendale, CA 91203
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, In the penal sum of Thirty-Five Thousand Eight
DOLLARSlInd 31/100 CENTS
($ 3S,008.31*****~ in lawful money of the United Slates. said sum being nolless than ten
(10"10) of lhe Contract wlue payable by the said City of Temecula under the terms of the
Contract, for the payment of which, we bind ourselves, successors, and asslgns, Jointly and
severally, firmly by lhese presents.
THE CONOITION OF THIS OBLIGATION Is such that whereas, the Principal entered Into a
certain Contract with the OWNER, dotod tho 11 th dey of MAY , 2004, II copy
of whIch Is hereto attached and made a part hereof for the construction of PROJECr NO. PW02.
02. PABLO APIS PARK ADO AMENITIES.
WHEREAS, said Contract provldes that the Principal will furnish a bond condltloned to guarantee
for the period of one (1) year after approval of the final esUmate on said Job, by the OWNER,
against all defects in workmanship and materials which May become apparent during said period;
and
WHEREAS, the said Contract has been completed, and was the final astimate approved On_
JANUARY 20 .2006.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one yaar
from the date of epprov81 of the final estimate on said Job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor wQrI<manshlp In the execution of said work,
and tne carrying out of the terms of said Contract, or it shall appear that defective materials were
furnished thereunder, then this obligation shall femain In full fOrce and virtue, otherwise this
Instrument shall be void.
As a part of the obligation secured hereby and In additiOn to !/Ie face amount specified, costs and
reasonable expenses and fees shall be Included, inclUding reasonable aUomey's fees incurred by
lhe City of Temecula In successfully enforcIng this obligation, all to be taxed as costs and
included in any Judgment rendered.
MAlNlCNAHCE BOND
Mot
R:\CII"J'IlOJeCTSll'Wll2IPW02.(l! P8I1< SIe C\Speao,doc:
The Surety hereby stipulates and agrees that no Change, extensIOn of time, alteratlon, or addltton
to the teons of \he Contract, or to the work to be performed thereunder, or to the specifications
accompanying the sama, shall in any way affect Ita obligations on this bond. and It does hereby
waive notice of sny suCh Change, extension of time. alteration, or addition to the terms of the
Contract, or to the work, or to the Specificatlons.
Signed and sealed this 18th
day of April
.2005,
(Seal)
(rIlle)
By:
VII)O L. 5,<:J ....l'1"rt:l.lt: ~f
(Name)
V/C.E. ,pfl,.cS1PE,vT
(Title)
By. Uxk S~
L
By:
Vido
'Yl.
(NaIl11l)
Attorney-In-Fact
APPROVED AS TO FORM:
Petw M, "Thorson, CUll AIlDmey
\/IT'?O .s,q.""",q.(\.~r ""t-I
(Name)
P;..f;.-$I pEp"!
(T"rtIe)
MAINTENANCE BONO
1M!
R'\CIP\S'ROJECTSIPWO'l\l'W02.a2 PmtSiJll C\SpGcs..doc
'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of ORANGE
~ 10 -J(JJ;;.
before me. T. Cox. NOTARY PUBLIC
On
personally appeared RANDY SPOHN
[8J personally known to me -OR-
l~ T.COX L
!'! COMM...1433359 n
5 NOTARY PUBLIC-CAUFORNIA -i
m ORANGE COUNTY W
I My Term Exp. Augu.12, 2007 I
o proved to me on the basis of satisfactory evidence to be the person( s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in hislher/their
authorized capacity(ies), and that by hislher/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
WITNESS my hand and official seal.
J,~
Signature of Notary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
DESCRIPTION OF AITACBED DOCUMENT
o PARTNER(S) 0 LIMITED
181 AITORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a
corporation of the State of Maryland, hy PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granled hy Article VI, Section 2, of the By-Laws of said Company, w . ~ set forth on the reverse
side hereof and are herehy certified to he in ful1 force and effect on the date here{~)f d's I'iJ 'nate, constitute and
appoint Randy SPOHN, of Santa Ana, California, its true and lawfu~"m t -in~ make, execute, seal
and deliver, for, and on its hehalf as surety, and as its act and_dll'{'j{~t\~1 '!- it~ngs, and the
execution of such honds or undertakings in pursua~" . , ,~~: s!J;(!!:~ on said Company, as ful1y and
amply, to al1 intents and purposes, as ~f,-h' .Q;t}l ~- 0 xe\'I'f<tlfQl1\rt~~- ged hy the regularly elected officers of
the Company at its office ioyal' r& UlHh J~ ~fPilli~pjrk\l,i. JThis power of attorney revokes that issued on
behalf of Randy SP\l!!~~ . r 8,J.,0017~\J.$..l\.::/v
Th,c said ~Ssistant~'sf~~~~>U:\~,*1L~(~hat .the extract set forth on the reverse side hereof is a true copy of Article VI,
Secllon 2, 01 the By- . Cdtitp-any, and IS now In force.
IN WITNESS W €R OF, the said Vice-President and Assistant Secretary have hereunto suhscrihed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MAR YLAND, this 6th day of April, A,D.
2004.
ATIEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
c:): J~
~
T. E. Smith
Assistallf Secretary
Vice Presidelll
State of Maryland }ss:
City of Baltimore
On this 6th day of April, A,O, 2004, before the subscriber, a Notary Puhlic of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personal1y known to be the individuals and officers
described in and who executed the preceding instrument. and they each acknowledged the execution of the same. and being
by me duly sworn, several1y and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and aftixed my Official Seal the day and year first above
written.
vpcJ
Dennis R. Hayden Notary Public
My Commission Expires: February I, 2005
POA.F 012.3955
Oil lJi 'VV~ \IW li;VO trU ~V~ O~J J~'~ ClLj 01 1elUeCU1il
It':! VV1I VV1
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW02.02
PABl.O AP/S PARK ADD AMENmES
VIDO 5I'I1"1,qf!.z..IC~ :rlllt;
This is to certify that . (hereinafter the 'CONTRACTOR") declares
to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor,
services, tools, equipment. and all other bills contracted for by the CONTRACTOR or by any of
the CONTRACTOR's agents, employees or subcontractors used or in conltibution to tlle
execution of it's contract with the City of Temecula, with regard to the building, erection,
construction, or repair of that certain work of improvement known as PROJECT NO. PW02-02,
PABLO APIS PARK ADD AMENITIES, situated in the City of Temecula, State of Califomia, more
particularly described as follows:
5'3.005"'"" R.E.(Glwf1 0/2.. TGrnccl/L.fI, c.A ~z.S'~2.
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK
The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party to claim a Stop Notice against of any
unpaid sums owing to the CONTRACTOR,
Further, in connection with tlle final payment of the Contract. the CONTRACTOR hereby
disputes the follOWing amounts:
Description
Dollar Amount to Dispute
lVo;vf3-
-0-
Pursuant to Public Contract Code ~7100, the CONTRACTOR does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist Oi might exist in favor of the
CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the
CONTRACTOR has not disputed above.
Dated:
~/lr-)oS-
., I
By:
C~Z;R(JJ
Signature -
VI Po> I. !19....A/.l.' "tI ;rfl. - VI t-C
f'flE.!/DiE;VT
Print Name and TiUe
RELEASE
R.1
R;CIP\PROJECTS\PWQ2\PW02~ Po" Site ClSpocs,do<
ITEM 3
APPROVAL~
CITY ATTORNEY
DIRECTOR OF FINA' 1clI,
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Board of Directors
Shawn D. Nelson, General Manager
~ Susan W. Jones
v U City Clerk/Director of Support Services
DATE:
May 10, 2005
SUBJECT: Ratification of Election Results - Roripaugh Ranch Specific Plan
PREPARED BY:
Cheryl Domenoe, Administrative Assistant cJ>
RECOMMENDATION:
That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY
OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING
THE FACT OF THE SPECIAL TEMECULA COMMUNITY
SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON
MARCH 29, 2005 DECLARING THE RESULTS AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
BACKGROUND: At the meeting of February 8, 2005, the Board of Directors adopted
Resolution No. CSD 05-06, which called for a Special Election to be held among the property
owners of the parcels within the Wolf Creek Specific Plan No. 12. The purpose of this election was
to establish Service Level B, Service Level C, and Service Level D, rates and charges for street
lighting, perimeter landscaping and slope landscaping maintenance, and refuse and recycling
collection services per residential parcel beginning FY 2005-06
This election was conducted by mail with a final date for acceptance of ballots to be no later than
10:00 a.m. on March 29, 2005. At 10:00 a.m. on that date, the City Clerk acting in her capacity as
the City's Election Official and as the Secretary of the Board of Directors of the Temecula
Community Services District declared the receipt period for receiving ballots closed. At 10:30 a.m.,
the Elections Canvassing Board duly appointed and consisting of City Clerk Susan Jones, Deputy
City Clerk Michaela Ballreich, and Administrative Assistant Cheryl Domenoe conducted the canvass
of the results. The proposed rates and charges did not receive a majority vote. The measure
received one ''yes'' vote and one "no" vote and therefore the measure did not pass. Staff anticipates
a second election for Roripaugh Ranch Specific Plan to be conducted in the future.
Staff recommends adoption of the resolution ratifying the results of this election.
Agenda Reports\Election eso Roripaugh
FISCAL IMPACT:
election results.
ATTACHMENTS:
There is no direct fiscal impact as a consequence of the ratification of the
Resolution No. CSD 05-_
Official Tally of the Votes
Vicinity Map
Agenda Reports\Election eSD Roripaugh
2
RESOLUTION NO. CSD OS-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE
FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES
DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 29,
2005 DECLARING THE RESULTS AND SUCH OTHER MATTERS
AS PROVIDED BY LAW
WHEREAS, a Special Mail-in Ballot Election was held and conducted in the City of
Temecula, California, on March 29, 2005, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law;
that the special election was for the purpose of obtaining approval by property owners within the
Roripaugh Ranch Specific Plan, for establishment of the annual levy of TCSD Rates and Charges
for each affected parcel as follows: Service Level C $46.00 Rates and Charges for Perimeter
Landscaping and Slope Maintenance, and Service Level D $180.70 for Refuse and Recycling
Collection Services per residential parcel beginning FY 2005-06 was properly established; that
election officers were appointed and that in all respects the election was held and conducted and
the votes were cast, received and canvassed and the returns made and declared in time, form and
manner as required by the provisions of the Elections Code of the State of California; and
WHEREAS, pursuant to Resolution No. CSD 05-06, adopted February 8,2005, the ballots
were returned to the office of the City Clerk/Secretary of the Temecula Community Services District;
the results were received, canvassed in public and are herein set forth in Section 2.
NOW THEREFORE, THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY
OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the whole number of ballots cast in the homeowners election was two (2)
and the whole number of provisional ballots cast in the election was none (0).
Section 2. That the whole number of ballots cast for establishment of the annual levy for
Service Level C for Perimeter and Slope Landscape Maintenance per residential parcel beginning
FY 2005-06, and Service Level D for Refuse/Cycling Collection Services per occupied parcel
beginning FY 2005-06 on the ballot were as follows:
I ~..
I ~'
I ~'omp~..
Section 3. The Board of Directors of the Temecula Community Services District does
declare and determine that as a result of the election, the proposed rates and charges did not
receive a majority vote. The measure received one ''yes'' vote and one "no" vote and therefore the
measure did not pass.
Section 4. The City Clerk/Secretary of the Temecula Community Services District (TCSD)
shall enter in the minutes of the TCSD Board of Directors, a statement of the result of the election,
showing: (1) The whole number of ballots cast in the City; (2) The votes in favor, (3) The votes in
opposition and (4) Those received incomplete.
R:CSO Resos 2005\CSD 05-
Section 5. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 10th day of May, 2005.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk/District Secretary of the Temecula Community Services
District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 05-_ was duly adopted at
a regular meeting of the Temecula Community Services District on the 10th day of May, 2005, by the
following roll call vote.
NOES:
DISTRICT MEMBERS:
DISTRICT MEMBERS:
AYES:
ABSENT:
DISTRICT MEMBERS:
ABSTAIN:
DISTRICT MEMBERS:
Susan W. Jones, CMC
City Clerk/District Secretary
R:CSD Resos 2005\CSD 05-
2
OFFICIAL TALLY OF THE VOTES FOR
TCSD LEVY/SPECIAL TAX
RORIPAUGH RANCH SPECIFIC PLAN
BEGINNING FISCAL YEAR 2005/06
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVEL C FOR PERIMETER LANDSCAPING AND SLOPE MAINTENANCE, AND
SERVICE LEVEL D FOR REFUSE AND RECYCLING COLLECTION SERVICES RATES AND
CHARGES
Yes
No
TOTAL
l
TOTAL I
ELECTION BOARD
0-
Michaela A. Ballreich,
Election Officer
~
Cheryl Do enoe, Administrative Assistant
Election Officer
ElectionNote Tally Rates & Charges
(D
:::u
o
BUTTERFIELD STAGE RD.
.'
ITEM 4
APPROVAL~
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER C)J
CITY OF TEMECULA
AGENDA REPORT
TO:
Board of Directors
Shawn D. Nelson, General Manager
FROM:
~ Susan W. Jones
- U City Clerk/Director of Support Services
DATE:
May 10, 2005
SUBJECT: Ratification of Election Results - Tract Map No. 29133
PREPARED BY:
Cheryl Domenoe, Administrative Assistant cD
RECOMMENDATION:
That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY
OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING
THE FACT OF THE SPECIAL TEMECULA COMMUNITY
SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON
MAY 3, 2005 DECLARING THE RESULTS AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
BACKGROUND: At the meeting of March 8, 2005, the Board of Directors adopted Resolution
No. CSD 05-09, which called for a Special Election to be held among the property owners of the
parcels within Tract Map No. 29133. The purpose of this election was to establish Service Level B,
Service Level C, and Service Level D, rates and charges for street lighting, perimeter landscaping
and slope landscaping maintenance, and refuse and recycling collection services per residential
parcel beginning FY 2005-06
This election was conducted by mail with a final date for acceptance of ballots to be no later than
9:00 a.m. on May 3, 2005. At 9:00 a.m. on that date, the City Clerk acting in her capacity as the
City's Election Official and as the Secretary of the Board of Directors of the Temecula Community
Services District declared the receipt period for receiving ballots closed. At 9:30 a.m., the Elections
Canvassing Board duly appointed and consisting of City Clerk Susan Jones, Deputy City Clerk
Michaela Ballreich, and Administrative Assistant Cheryl Domenoe conducted the canvass of the
results. The results of the votes cast, returned within the time allowed and publicly counted, are
included within the body of the proposed resolution.
Staff recommends adoption of the resolution ratifying the results of this election.
Agenda ReportslElection CSD Tract 291 33
FISCAL IMPACT:
election results.
ATTACHMENTS:
There is no direct fiscal impact as a consequence of the ratification of the
Resolution No. CSD 05-_
Official Tally of the Votes
Vicinity Map
Agenda ReportslElection CSD Tract 29133
2
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE
FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES
DISTRICT MAIL-IN BALLOT ELECTION HELD ON MAY 3, 2005
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a Special Mail-in Ballot Election was held and conducted in the City of
Temecula, California, on May 3, 2005, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law;
that the special election was for the purpose of obtaining approval by property owners within Tract
29133, for establishment of the annual levy of TCSD Rates and Charges for each affected parcel as
follows: Service Level B $25.68 Rates and Charges for Proposed Residential Street Lighting,
Service Level C $270.00 Rates and Charges for Perimeter Landscaping and Slope Maintenance per
residential parcel beginning FY 2005-06, and Service Level D $180.70 for Refuse and Recycling
Collection Services per occupied parcel beginning FY 2005-06 was properly established; that
election officers were appointed and that in all respects the election was held and conducted and
the votes were cast, received and canvassed and the returns made and declared in time, form and
manner as required by the provisions of the Elections Code of the State of California; and
WHEREAS, pursuantto Resolution No. CSD 05-09, adopted March 8, 2005, the ballots were
returned to the office of the City Clerk/Secretary of the Temecula Community Services District; the
results were received, canvassed in public and are herein set forth in Section 2.
NOW THEREFORE, THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY
OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the whole number of ballots cast in the homeowners election was one (1)
and the whole number of provisional ballots cast in the election was none (0).
Section 2. That the whole number of ballots cast for establishment of the annual levy for
Service Level B for Proposed Residential Street Lighting, Service Level C for Perimeter and Slope
Landscape Maintenance per residential parcel beginning FY 2005-06, and Service Level D for
Refuse/Cycling Collection Services per occupied parcel beginning FY 2005-06 on the ballot were as
follows:
I ~..
I:'
I :.oomp,...
Section 3. The Board of Directors of the Temecula Community Services District does
declare and determine that as a result of the election, a majority of the voters voting on the measure
relating to the establishment of Service Level B, Service Level C, and Service Level D Rates and
Charges beginning Fiscal Year 2005-06 pursuant to Article XIIID, Section 6 of the California
Constitution, did vote in favor of the measure and that the measure was carried, and shall be
deemed adopted and ratified.
R:CSD Resos 2005\CSD 05-
Section 4. The City Clerk/Secretary of the Temecula Community Services District (TCSD)
shall enter in the minutes of the TCSD Board of Directors, a statement of the result of the election,
showing: (1) The whole number of ballots cast in the City; (2) The votes in favor, (3) The votes in
opposition and (4) Those received incomplete.
Section 5. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 10th day of May, 2005.
Chuck Washington, President
,
ATTEST:
Susan W. Jones, CMC
City Clerk/Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk/District Secretary of the Temecula Community Services
District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 05-_ was duly adopted at
a regular meeting of the Temecula Community Services District on the 10th day of May, 2005, by the
following roll call vote.
AYES:
DISTRICT MEMBERS:
NOES:
DISTRICT MEMBERS:
ABSENT:
DISTRICT MEMBERS:
ABSTAIN:
DISTRICT MEMBERS:
Susan W. Jones, CMC
City Clerk/District Secretary
R:CSD Resos 2005\CSD 05-
2
OFFICIAL TALLY OF THE VOTES FOR
TCSD LEVY/SPECIAL TAX
TRACT MAP NO. 29133
BEGINNING FISCAL YEAR 2005/06
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVEL B, PROPOSED RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C
FOR PERIMETER LANDSCAPING AND SLOPE MAINTENANCE, AND SERVICE LEVEL D
FOR REFUSE AND RECYCLING COLLECTION SERVICES RATES AND CHARGES
Yes
No
o
TOTAL \
TOTAL 0
ELECTION BOARD
Michaela A. Ballreich, e
Election Officer
~~
Cheryl Do enoe, Administrative Assistant
Election Officer
ElectionNote Tally Rates & Charges
II 'A::=:;~
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ITEM 5
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN E
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
Board of Directors
Shawn D. Nelson, General Manager
FROM:
~ Susan W. Jones
\J City Clerk/Director of Support Services
May 10, 2005
DATE:
SUBJECT: Ratification of Election Results - Tract Map No. 25004
PREPARED BY:
Cheryl Domenoe, Administrative Assistant &0
RECOMMENDATION:
That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY
OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING
THE FACT OF THE SPECIAL TEMECULA COMMUNITY
SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON
MAY 3, 2005 DECLARING THE RESULTS AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
BACKGROUND: At the meeting of March 8, 2005, the Board of Directors adopted Resolution
No. CSD 05-08, which called for a Special Election to be held among the property owners of the
parcels within Tract Map No. 25004. The purpose of this election was to establish Service Level B,
Service Level C, and Service Level D, rates and charges for street lighting, perimeter landscaping
and slope landscaping maintenance, and refuse and recycling collection services per residential
parcel beginning FY 2005-06
This election was conducted by mail with a final date for acceptance of ballots to be no later than
8:30 a.m. on May 3, 2005. At 8:30 a.m. on that date, the City Clerk acting in her capacity as the
City's Election Official and as the Secretary of the Board of Directors of the Temecula Community
Services District declared the receipt period for receiving ballots closed. At 9:00 a.m., the Elections
Canvassing Board duly appointed and consisting of City Clerk Susan Jones, Deputy City Clerk
Michaela Ballreich, and Administrative Assistant Cheryl Domenoe conducted the canvass of the
results. The results of the votes cast, returned within the time allowed and publicly counted, are
included within the body of the proposed resolution.
Staff recommends adoption of the resolution ratifying the results of this election.
Agenda ReportslElection CSD Tract 25004
FISCAL IMPACT:
election results.
ATTACHMENTS:
There is no direct fiscal impact as a consequence of the ratification of the
Resolution No. CSD 05-_
Official Tally of the Votes
Vicinity Map
Agenda Reports\Election eso Tract 25004
2
RESOLUTION NO. CSD 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE
FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES
DISTRICT MAIL-IN BALLOT ELECTION HELD ON MAY 3, 2005
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a Special Mail-in Ballot Election was held and conducted in the City of
Temecula, California, on May 3,2005, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law;
that the special election was for the purpose of obtaining approval by property owners within Tract
25004, for establishment of the annual levy of TCSD Rates and Charges for each affected parcel as
follows: Service Level B $25.68 Rates and Charges for Proposed Residential Street Lighting,
Service Level C $129.00 Rates and Charges for Perimeter Landscaping and Slope Maintenance per
residential parcel beginning FY 2005-06, and Service Level D $180.70 for Refuse and Recycling
Collection Services per occupied parcel beginning FY 2005-06 was properly established; that
election officers were appointed and that in all respects the election was held and conducted and
the votes were cast, received and canvassed and the returns made and declared in time, form and
manner as required by the provisions of the Elections Code of the State of California; and
WHEREAS, pursuant to Resolution No. CSD 05-08, adopted March 8, 2005, the ballots were
returned to the office of the City Clerk/Secretary of the Temecula Community Services District; the
results were received, canvassed in public and are herein set forth in Section 2.
NOW THEREFORE, THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY
OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the whole number of ballots cast in the homeowners election was one (1)
and the whole number of provisional ballots cast in the election was none (0).
Section 2. That the whole number of ballots cast for establishment of the annual levy for
Service Level B for Proposed Residential Street Lighting, Service Level C for Perimeter and Slope
Landscape Maintenance per residential parcel beginning FY 2005-06, and Service Level 0 for
Refuse/Cycling Collection Services per occupied parcel beginning FY 2005-06 on the ballot were as
follows:
I :.oomp,...
I~"
I:'
Section 3. The Board of Directors of the Temecula Community Services District does
declare and determine that as a result of the election, a majority of the voters voting on the measure
relating to the establishment of Service Level B, Service Level C, and Service Level D Rates and
Charges beginning Fiscal Year 2005-06 pursuant to Article XIIID, Section 6 of the California
Constitution, did vote in favor of the measure and that the measure was carried, and shall be
deemed adopted and ratified.
R:CSD Resos 2005\CSD 05-
Section 4. The City Clerk/Secretary of the Temecula Community Services District (TCSD)
shall enter in the minutes of the TCSD Board of Directors, a statement of the result of the election,
showing: (1) The whole number of ballots cast in the City; (2) The votes in favor, (3) The votes in
opposition and (4) Those received incomplete.
Section 5. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 10th day of May, 2005.
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk/District Secretary of the Temecula Community Services
District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 05-_ was duly adopted at
a regular meeting of the Temecula Community Services District on the 10th day of May, 2005, by the
following roll call vote.
AYES:
DISTRICT MEMBERS:
NOES:
DISTRICT MEMBERS:
ABSENT:
DISTRICT MEMBERS:
ABSTAIN:
DISTRICT MEMBERS:
Susan W. Jones, CMC
City Clerk/District Secretary
R:CSD Resos 2005\CSD 05-
2
OFFICIAL TALLY OF THE VOTES FOR
TCSD LEVY/SPECIAL TAX
TRACT MAP NO. 25004
BEGINNING FISCAL YEAR 2005/06
TEMECULA COMMUNITY SERVICES DISTRICT
SERVICE LEVEL B, PROPOSED RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C
FOR PERIMETER LANDSCAPING AND SLOPE MAINTENANCE, AND SERVICE LEVEL D
FOR REFUSE AND RECYCLING COLLECTION SERVICES RATES AND CHARGES
Yes
No
o
\
TOTAL
\
TOTAL 0
ELECTION BOARD
Michaela A. Ballreich, Deputy rk
Election Officer
=C C - .n_
Ch""~_~""1
Election Officer '!
ElectionNote Tally Rates & Charges
II)
~
'"
I
TRACT NO. 25004-
VICINITY MAP
NO SCALE
SITE
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
APRIL 26, 2005
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:47
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 5
AGENCY MEMBERS
Comerchero, Edwards, Naggar,
Washington, and Roberts
ABSENT: 0
AGENCY MEMBERS:
None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of April 12, 2005.
2 Status Update on the Temecula Education Center
RECOMMENDATION:
2.1 Receive and file.
MOTION: Agency Member Naggar moved to approve Consent Calendar Item Nos. 1 - 2. The
motion was seconded by Agency Member Comerchero and voice vote reflected unanimous
approval.
DEPARTMENTAL REPORT
No additional comment.
EXECUTIVE DIRECTOR'S REPORT
No additional comment.
AGENCY MEMBERS' REPORTS
No additional comments.
R:\Minutes.rdaI042605
ADJOURNMENT
At 7:47 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, May 10, 2005 in the City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Ron Roberts, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R\Minutes. rda\Q42605
2
ITEM 2
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TEMECULA CITY COUNCIL AND REDEVELOPMENT AGENCY
AGENDA REPORT
DATE:
May 10, 2005
TO:
FROM:
SUBJECT:
Executive Director/Agency Members
City Manager/City Council
John Meyer, Redevelopment Director~
Owner Participation Agreement for Dalton II Mixed Use Affordable Housing Project
RECOMMENDATION: That the City Council:
1. Adopt a Resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AN OWNER PARTICIPATION
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF TEMECULA AND D'ALTO PARTNERS
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
2. That the Temecula Redevelopment Agency adopt a Resolution entitled:
RESOLUTION NO. RDA 05-_
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA APPROVING AN OWNER
PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND D'ALTO PARTNERS LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
3. That the Temecula Redevelopment Agency appropriate $2,060,000 from the Affordable
Housing Fund Balance.
R:\Housin9 2005\DaltonIlOPA041205.doc
BACKGROUND:
Affordable Housing Goals
The Temecula Redevelopment Agency has been engaged in the development, rehabilitation and
preservation of affordable housing since 1995. The Agency's Affordable Housing goals include:
· Increasing, improving and preserving the supply of affordable housing
· Upgrading the physical appearance of Project Area neighborhoods
· Establishing new standards for the private development within Project Area
neighborhoods
Project Description
The Daltons are proposing to develop a 27,500 square foot mixed use project on .48 acres along
the north side of Fifth Street, just west of Mercedes (adjacent to their building that is currently under
construction). The project will be a four story building with 24 units of affordable housing and over
5,000 square feet of retail. Estimated rents for the project will be $789 for the 18 one bedroom units
and $872 for the 6 two bedroom units.
Agency Involvement
The proposed project represents the first affordable mixed use development in the Project Area in
the City. As with all the projects receiving Agency assistance, this project would not be
economically viable without the Agency's involvement.
Agency Assistance
Over the past several months, Agency Staff has been working with the Daltons on determining the
amount of Agency assistance needed to develop this project. In order to assist the evaluation of
this, Agency Staff contracts with Keyser Marston Associates Inc. ("KMA") as a third party analyst to
assist in reviewing the developer's construction and rent estimates.
The total cost of the proposed project is just over $6 million or $225 per square foot. Although
KMA's analysis determined that the project could support additional Agency assistance, State
Redevelopment Law limits our contribution to no more than 50% of the total development costs.
Therefore, the Agency's contribution will be $3,000,000 or $125,000 per unit.
This project is superior to the quality projects the Agency has assisted in the Pujol neighborhood. In
order for the project to move forward, the Daltons have accepted a lower return on investment than
is customary for this type of project. This reflects the Dalton's commitment to Old Town and to
building a quality project.
Owner Participation Agreement
In order to facilitate the proposed project, the Agency and the Dalton's will enter into an Owner
Participation Agreement (OPA) to establish the terms and conditions surrounding the development
of the project. This property will have a 55 year covenant targeting rent levels at 80% of the median
income. The Agency financial contribution will be recorded as a silent second trust deed for the 55-
year term. No payment of principal or interest will be required. However, if there is a violation of the
covenants, the Agency can require full payment of the principal. This is essential to keep the
Agency aware of the status of first trust deed financing on the project.
R:\Housing 2005\DaJtonIlOPA041205.doc
Environmental Assessment
The proposed project is eligible for a Statutory Exemption from CEQA, pursuant to Section 21080.14
of the Public Resource Code, an affordable housing project under 45 units, on two acres or less.
CONCLUSION
This is an attractive project for the Agency. In addition to providing affordable housing, this project
will further revitalize the Old Town district and continue to set high standards for all new
development in the area.
FISCAL IMPACT: As outlined in the body of the report, the Agency's total contribution for the
project is $3 Million. The FY 05-09 CIP contains $1,000,000 in Old Town Mixed Use Project.
Therefore, an additional appropriation of $2,060,000 will be necessary for the project and costs to
date. Sufficient affordable housing funds are available.
Attachments:
Conceptual Site Plans
Council Resolution No. 05-_
Agency Resolution No. 05-_
Owner Participation Agreement
R:\Housing 2005\DaltonllOPA041 205.doc
CONCEPTUAL SITE PLANS
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COUNCIL RESOLUTION NO. 05-
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING AN OWNER
PARTICIPATION AGREEMENT AND LOAN
AGREEMENT BETWEEN THE AGENCY AND
D'ALTO PARTNERS LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines
and declares that:
A. The Redevelopment Agency of the City of Temecula ("Agency")
is a community redevelopment agency duly organized and existing under the
Community Redevelopment Law ("CRL"), Health and Safety Code Sections
33000 et seq. and has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City Council of the
City of Temecula.
B. On June 12, 1988, the Board of Supervisors of the County of
Riverside adopted Ordinance No. 658 adopting and approving the
"Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1"
(hereafter the "Plan") in accordance with the provisions of the CRL. On
December I, 1989, the City of Temecula was incorporated. The boundaries ofthe
Project Area described in the Plan are entirely within the boundaries of the City of
Temecula. On April 9, 1991, the City Council of the City of Temecula adopted
Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment
Agency of the City of Temecula and transferring jurisdiction over the Plan from
the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of
Temecula and the Redevelopment Agency of the City of Temecula assumed
jurisdiction over the Plan as ofJuly 1, 1991.
C. The Owner Participation Agreement and Loan Agreement
(collectively "Agreements") approved by this Resolution is intended to effectuate
the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-
1, as amended. The specific purpose of the Agreements is to further the Agency's
affordable housing goals in the City of Temecula (the "City") by providing a
conditional commitment to fund a permanent loan that will be used to pay part of
a construction loan for, and thereby facilitate the construction of, eighteen (18)
one-bedroom and six (6) two-bedroom apartments for persons oflow, very low,
and moderate income as defined in Section 50093 of the California Health and
Safety Code (i.e. to families earning up to 120% of Riverside median income)on
the Site located at , Temecula, and thereby increase the
R:\Housing 2005\Tem Dalton City Res appr OPA.DOC 1
supply of affordable housing in the City (the "Project").
D. The Agreements are also intended to effectuate the objectives of
the Agency and the City of Temecula (the "City") in complying with their
obligation to provide low and moderate income housing pursuant to the Health
and Safety Code of California and the goals of the City's Housing Element to the
Temecula General Plan. The Developer's development of the Project and the
fulfillment generally ofthese Agreements are in the best interest of the City and
the welfare of its residents, and in accordance with the public purposes and
provisions of applicable federal, state, and local laws and requirements.
E. On May 12,2004 the Agency duly noticed and held ajoint public
hearing before the Board of Directors ofthe Redevelopment Agency of the City
of Temecula and the City Council of the City of Temecula concerning the
approval of the proposed Owner Participation Agreement and Loan Agreement
with Developer.
F. The development of the Project as required by the Agreements will
assist in the elimination of blight in the Project Area as identified in the
proceedings establishing the Project Area in that development of Project on the
Site will: (I) Establish development standards and the rehabilitation and
improvement of obsolete, deteriorating, and inappropriate buildings and housing
stock; (2) consolidate irregular parcels into a site appropriate for development; (3)
encourage and provide for development of vacant properties in accordance with
the Plan and the Old Town Specific Plan; and (4) preserve, improve, and expand
housing opportunities for low and moderate income residents.
G. The Agreements are consistent with the Redevelopment Plan and
the Implementation Plan adopted by the Agency for the Project Area adopted by
the Agency.
H. The redevelopment of the Project site as provided in the
Agreements is consistent with the City's General Plan and the Old Town Specific
Plan.
I. The Agency Board has duly considered all terms and conditions of
the proposed Agreements and believes that the Agreements are 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.
J. The Agreements pertain to and affect the ability of all parties to
finance and carry out their statutory purposes and to accomplish the goals of the
Plan and is intended to be a contract within the meaning of Government Code
Section 53511.
R\Housing 2005\Tem Dalton City Res appr OPADOC 2
Section 2. The City Council of the City of Temecula hereby further finds,
determines and declares that:
A. Section 33334.2, et seq. of the CRL authorizes and directs the
Agency to expend a certain percentage of all taxes which are allocated to the
Agency pursuant to the CRL Section 33670 for the purposes of increasing,
improving and preserving the community's supply of housing available at afford-
able housing costs to persons and families oflow to moderate income, including
lower income and very low income households.
B. Pursuant to the CRL, the Agency has established a Low and
Moderate Income Housing Fund (the "Housing Fund").
C. Pursuant to the CRL Section 33334.2(e), in carrying out its
affordable housing activities, the Agency is authorized to provide subsidies to or
for the benefit of persons and families of low or moderate income to the extent
those households cannot obtain housing at affordable costs on the open market.
D. No other reasonable means of private or commercial financing for
the new low and moderate income units of the Project is reasonably available to
the Agency or the Owner at the same level of affordability and quantity provided
by the Agreements. Additionally, while the funds from the Agency's Low and
Moderate Income Housing Fund being used assist in the development of the
Project do not exceed fifty percent (50%) of the cost to produce the units of the
Project, the Agency finds, based on substantial evidence in the record, that the
Agency and the Owner have made a good faith attempt but have been unable to
obtain commercial or private means of financing the units at the same level of
affordability and quantity as provided for the Project.
E. Developer proposes, with the assistance of the Agency, to develop
the Project and upon completion to make available for the longest feasible period
of time all of the housing units in the Project at affordable rents to low to
moderate income households.
F. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the
Agency may accept financial or other assistance from any public or private
source, for the Agency's activities, powers, and duties, and expend any funds so
received for any of the purposes of the CRL.
G. The expenditures from the Housing Fund as contemplated by the
Agreements approved by this Resolution will directly and specifically increase,
improve, and preserve the community's supply oflow and moderate income
housing within the meaning of Health and Safety Code Section 33334.2 and will
be of benefit to the Project Area by providing new housing which restricted so as
to be affordable for occupancy by very low income, lower income and median
income households.
R:\Housing 2005\Tem Dalton City Res appr OPADOC 3
H. The California Legislature declares in Health and Safety Code
Section 37000, et seq., that new forms of cooperation with the private sector, such
as leased housing, disposition of real property acquired through redevelopment,
development approvals, and other forms of housing assistance may involve close
participation with the private sector in meeting housing needs, without amounting
to development, construction or acquisition of low rent housing projects as
contemplated under Article XXXIV of the State Constitution and that the
Agreements approved hereby is not subject to the provisions of said Article
XXXIV.
Section 3. The City Council hereby finds and determines that the lien of the
covenants required pursuant to the Agreements may be subordinated to financing for the
Project because an economically feasible alternative method of financing the Project on
substantially comparable terms and conditions, but without subordination, is not
reasonably available.
Section 4. While the City Council determines that participation in the
feasibility analysis, financing, and development of the Project does not constitute
development, construction or acquisition of a low-rent housing project within the
meaning of Article XXXIV of the State Constitution, this Resolution is hereby deemed to
constitute approval within the meaning of Health and Safety Code Section 37001.5 ofa
proposal which may result in housing assistance benefiting persons of low income.
Section 5. The approval of this Agreements by the Agency constitutes an
action by the Agency to implement an adopted Housing Assistance Plan by acquiring
interests in housing units to assure they are affordable to persons of low and moderate
income. Therefore, the Project is exempt from the provisions of the California
Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14
ofthe California Code of Regulations). Additionally, the Project is: (1) consistent with
the applicable General Plan designation and all applicable General Plan Policies as well
as with applicable zoning designation and regulations; (2) the Project occurs with in the
city limits of the City of Temecula on a project site ofless than five acres substantially
surrounded by urban uses; (3) the Project site has no value as habitat for endangered,
rare, or threatened species; (4) approval of the Project would not result in any significant
effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be
adequately served by all required utilities and public services. Therefore, the,Project is
and "in-fill project" and is exempt from the provisions of the California Environmental
Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the
California Code of Regulations).
Section 6. The City Council of the City of Temecula hereby approves that
certain agreement entitled "Owner Participation Agreement" and that certain agreement
entitled "Loan Agreement" each by and Between Temecula Redevelopment Agency and
D' Alto Partners LLC, a California limited liability company with such changes in such
document as may be mutually agreed upon by the Developer and the Agency Executive
R:\Housing 2005\Tem Dalton City Res appr OPA.DOC 4
Director as is in substantial conformance with the form of such Agreements which are on
file in the Office of the Agency Secretary.
Section 7.
The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temeculaon May 10,2005.
Jeff Comerchero
Mayor
ATTEST:
Susan Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)
)
)
ss
I, Susan Jones, CMC, City Clerk ofthe City ofTemecula, do hereby certify that
the Resolution No. 05- was duly and regularly adopted by the Board of Directors
of the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held
on May 10, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Susan Jones, CMC
City Clerk
R:\Housing 2005\Tem Dalton City Res appr OPADOC 5
AGENCY RESOLUTION NO. 05-
RESOLUTION NO. RDA 05-
A RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA
APPROVING AN OWNER PARTICIPATION
AGREEMENT AND LOAN AGREEMENT
BETWEEN THE AGENCY AND D' ALTO
PARTNERS LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY
THE BOARD OF DIRECTORS OF 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. The Redevelopment Agency ofthe City of Temecula ("Agency")
is a community redevelopment agency duly organized and existing under the
Community Redevelopment Law ("CRL"), Health and Safety Code Sections
33000 et seq. and has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action ofthe City Council ofthe
City of Temecula.
B. On June 12, 1988, the Board of Supervisors ofthe County of
Riverside adopted Ordinance No. 658 adopting and approving the
"Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1"
(hereafter the "Plan") in accordance with the provisions of the CRL. On
December 1, 1989, the City of Temecula was incorporated. The boundaries of the
Project Area described in the Plan are entirely within the boundaries of the City of
Temecula. On April 9, 1991, the City Council of the City of Temecula adopted
Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment
Agency of the City of Temecula and transferring jurisdiction over the Plan from
the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of
Temecula and the Redevelopment Agency of the City of Temecula assumed
jurisdiction over the Plan as of July 1, 1991.
C. The Owner Participation Agreement and Loan Agreement
(collectively "Agreements") approved by this Resolution is intended to effectuate
the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-
1, as amended. The specific purpose of the Agreements is to further the Agency's
affordable housing goals in the City of Temecu1a (the "City") by providing a
conditional commitment to fund a permanent loan that will be used to pay part of
a construction loan for, and thereby facilitate the construction of, eighteen (18)
one-bedroom and six (6) two-bedroom apartments for persons oflow, very low,
and moderate income as defined in Section 50093 of the California Health and
Safety Code (i.e. to families earning up to 120% of Riverside median income)on
R:\Housing 2005\TRDA Dalton Res appr OPADOC 1
the Site located at , Temecula, and thereby increase the
supply of affordable housing in the City (the "Project").
D. The Agreements are also intended to effectuate the objectives of
the Agency and the City of Temecula (the "City") in complying with their
obligation to provide low and moderate income housing pursuant to the Health
and Safety Code of California and the goals of the City's Housing Element to the
Temecula General Plan. The Developer's development of the Project and the
fulfillment generally ofthese Agreements are in the best interest of the City and
the welfare of its residents, and in accordance with the public purposes and
provisions of applicable federal, state, and local laws and requirements.
E. On May 12,2004 the Agency duly noticed and held a joint public
hearing before the Board of Directors ofthe Redevelopment Agency of the City
of Temecula and the City Council of the City of Temecula concerning the
approval of the proposed Owner Participation Agreement and Loan Agreement
with Developer.
F. The development of the Project as required by the Agreements will
assist in the elimination of blight in the Project Area as identified in the
proceedings establishing the Project Area in that development of Project on the
Site will: (I) Establish development standards and the rehabilitation and
improvement of obsolete, deteriorating, and inappropriate buildings and housing
stock; (2) consolidate irregular parcels into a site appropriate for development; (3)
encourage and provide for development of vacant properties in accordance with
the Plan and the Old Town Specific Plan; and (4) preserve, improve, and expand
housing opportunities for low and moderate income residents.
G. The Agreements are consistent with the Redevelopment Plan and
the Implementation Plan adopted by the Agency for the Project Area adopted by
the Agency.
H. The redevelopment of the Project site as provided in the
Agreements is consistent with the City's General Plan and the Old Town Specific
Plan.
1. The Agency Board has duly considered all terms and conditions of
the proposed Agreements and believes that the Agreements are 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.
J. The Agreements pertain to and affect the ability of all parties to
finance and carry out their statutory purposes and to accomplish the goals of the
Plan and is intended to be a contract within the meaning of Government Code
Section 53511.
R:\Housing 2005\TRDA Dalton Res appr OPA.DOC 2
Section 2. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby further finds, determines and declares that:
A. Section 33334.2, et seq. of the CRL authorizes and directs the
Agency to expend a certain percentage of all taxes which are allocated to the
Agency pursuant to the CRL Section 33670 for the purposes of increasing,
improving and preserving the community's supply of housing available at afford-
able housing costs to persons and families of low to moderate income, including
lower income and very low income households.
B. Pursuant to the CRL, the Agency has established a Low and
Moderate Income Housing Fund (the "Housing Fund").
C. Pursuant to the CRL Section 33334.2(e), in carrying out its
affordable housing activities, the Agency is authorized to provide subsidies to or
for the benefit of persons and families of low or moderate income to the extent
those households cannot obtain housing at affordable costs on the open market.
D. No other reasonable means of private or commercial financing for
the new low and moderate income units of the Project is reasonably available to
the Agency or the Owner at the same level of affordability and quantity provided
by the Agreements. Additionally, while the funds from the Agency's Low and
Moderate Income Housing Fund being used assist in the development ofthe
Project do not exceed fifty percent (50%) of the cost to produce the units of the
Project, the Agency finds, based on substantial evidence in the record, that the
Agency and the Owner have made a good faith attempt but have been unable to
obtain commercial or private means of financing the units at the same level of
affordability and quantity as provided for the Project.
E. Developer proposes, with the assistance of the Agency, to develop
the Project and upon completion to make available for the longest feasible period
oftime all of the housing units in the Project at affordable rents to low to
moderate income households.
F. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the
Agency may accept financial or other assistance from any public or private
source, for the Agency's activities, powers, and duties, and expend any funds so
received for any of the purposes of the CRL.
G. The expenditures from the Housing Fund as contemplated by the
Agreements approved by this Resolution will directly and specifically increase,
improve, and preserve the community's supply oflow and moderate income
housing within the meaning of Health and Safety Code Section 33334.2 and will
be of benefit to the Project Area by providing new housing which restricted so as
R:\Housing 2005\TRDA Dalton Res appr OPA.DQC 3
to be affordable for occupancy by very low income, lower income and median
income households.
H. The California Legislature declares in Health and Safety Code
Section 37000, et seq., that new forms of cooperation with the private sector, such
as leased housing, disposition of real property acquired through redevelopment,
development approvals, and other forms of housing assistance may involve close
participation with the private sector in meeting housing needs, without amounting
to development, construction or acquisition of low rent housing projects as
contemplated under Article XXXIV of the State Constitution and that the
Agreements approved hereby is not subject to the provisions of said Article
XXXIV.
Section 3. The Agency hereby finds and determines that the lien of the
covenants required pursuant to the Agreements may be subordinated to financing for the
Project because an economically feasible alternative method of financing the Project on
substantially comparable terms and conditions, but without subordination, is not
reasonably available.
Section 4. While the Agency determines that participation in the feasibility
analysis, financing, and development of the Project does not constitute development,
construction or acquisition of a low-rent housing project within the meaning of Article
. XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval
within the meaning of Health and Safety Code Section 37001.5 ofa proposal which may
result in housing assistance benefiting persons of low income.
Section 5. The approval of this Agreements by the Agency constitutes an
action by the Agency to implement an adopted Housing Assistance Plan by acquiring
interests in housing units to assure they are affordable to persons of low and moderate
income. Therefore, the Project is exempt from the provisions ofthe California
Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14
of the California Code of Regulations). Additionally, the Project is: (1) consistent with
the applicable General Plan designation and all applicable General Plan Policies as well
as with applicable zoning designation and regulations; (2) the Project occurs with in the
city limits of the City of Temecula on a project site of less than five acres substantially
surrounded by urban uses; (3) the Project site has no value as habitat for endangered,
rare, or threatened species; (4) approval of the Project would not result in any significant
effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be
adequately served by all required utilities and public services. Therefore, the Project is
and "in-fill project" and is exempt from the provisions ofthe California Environmental
Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the
California Code of Regulations). The Executive Director of the Agency is directed to file
a Notice of Exemption of this action as required by CEQA and the CEQA Guidelines.
Section 6. The Board of Directors of the Redevelopment Agency ofthe City
of Temecula hereby approves that certain agreement entitled "Owner Participation
R:\Housing 2005\TRDA Dalton Res appr OPA.DOC 4
Agreement" and that certain agreement entitled "Loan Agreement" each by and Between
Temecula Redevelopment Agency and D' Alto Partners LLC, a California limited liability
company with such changes in such document as may be mutually agreed upon by the
Developer and the Agency Executive Director as is in substantial conformance with the
form of such Agreements which are on file in the Office of the Agency Secretary. The
Chairperson of the Agency is hereby authorized to execute the Agreements, including
related exhibits and attachments on behalf of the Agency. A copy of the final
Agreements when executed by the Agency Chairperson shall be placed on file in the
Office of the Secretary of the Agency.
Section 7. 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 Agreements and to administer the Agency's obligations, respon-
sibilities and duties to be performed under the Agreements and related documents,
including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement,
acceptances, escrow instructions, certificates of completion and such other implementing
agreements and documents as contemplated or described in the Agreements.
Section 8.
Resolution.
The Secretary of the Agency shall certify the adoption of this
PASSED, APPROVED AND ADOPTED by the Board of Directors of the
Redevelopment Agency of the City of Temecula on May 10,2005.
Ron Roberts
Chairperson
ATTEST:
Susan Jones, CMC
Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RlVERSIDE
CITY OF TEMECULA
)
)
)
ss
R:\Housing2005\TRDA Dalton Res apprOPA.DOC 5
I, Susan Jones, CMC, Secretary ofthe Redevelopment Agency ofthe City of
Temecula, do hereby certify that the Resolution No. RDA 05- was duly and
regularly adopted by the Board of Directors of the Redevelopment Agency of the City of
Temecula at a regular meeting thereof, held on May 10, 2005, by the following vote, to
wit:
AYES: BOARDMEMBERS:
NOES: BOARDMEMBERS:
ABSENT: BOARDMEMBERS:
ABSTAIN: BOARDMEMBERS:
Susan Jones, CMC
City Clerk! Agency Secretary
R:\Housing 2005\TRDA Dalton Res appr OPADOC 6
OWNER PARTICIPATION AGREEMENT
OWNER PARTICIPATION AGREEMENT
THIS OWNER P ARTICIP A TION AGREEMENT ("Agreement") is dated as of Mav 10.
2005 (the "Effective Date") and is entered into by and between the REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic (the
"Agency"), and the D' ALTO PARTNERS, LLC, a California limited liability company (the
"Developer").
RECITALS
This Agreement is entered into with reference to the following facts:
A. Agency is a public body, corporate and politic, exercising governmental functions
and powers, and organized and existing under the Community Redevelopment Law of the State
of California (being ~ 33000 et. seq. of the Health and Safety Code of the State of California).
The purpose of this Agreement is to effectuate the Redevelopment Plan for the Riverside County
Redevelopment Project Area No. 1988-1 (the "Project Area"), in the City of Temecula,
California, by facilitating construction of improvements on real property within the Project Area,
as more particularly described below.
B. Developer owns the fee interest in certain real property in the Project Area located
in the City of Temecula, County of Riverside, State of California, and more particularly depicted
on Exhibit "A" attached hereto and incorporated herein by this reference (the "Site").
C. The specific purpose of this Loan Agreement is to further the Agency's affordable
housing goals in the City of Temecula (the "City") by facilitating the construction of eighteen
(18) one-bedroom and six (6) two-bedroom apartments (each, a "Unit" and collectively, the
"Units") on the Site and thereby increase the supply of affordable housing in the City (the
"Project").
D. The Agency desires to lend to the.Borrower and the Borrower has agreed to
borrow from the Agency the sum of $3,000,000 from the Agency's affordable housing set aside
funds for construction of the Project, such loan to that will be disbursed in accordance with
Section 6 of the Loan Agreement dated concurrently herewith between Agency and Developer
(the "Loan Agreement"). Capitalized terms used but not defined herein shall have the meaning
set forth in the Loan Agreement.
E. The Project is in the best and vital interests of Agency and the City, and the
health, safety and welfare of the residents and taxpayers in the City, and is in accord with the
public purposes and provisions of applicable state and local laws. Construction of the Project
will assist in the elimination of blight in the Project Area, provide additional jobs, and
substantially improve the economic and physical conditions in the Project Area, and provide
affordable housing in accordance with the purposes and goals of the Redevelopment Plan.
F. A material inducement to the Agency to enter into this Agreement and make the
Loan is the agreement by the Developer to construct the Project within a limited period of time,
and the Agency would be unwilling to enter into this Agreement in the absence of an enforceable
t to87-000tI816663v3.doc
commitment by the Developer to commence and complete such construction within such period
of time.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE 1. DEFINITIONS
Section 1.1 Definitions.
The following terms as used in this Agreement shall have the meanings given
unless expressly provided to the contrary:
1.1.1 Agencv means the Redevelopment Agency of the City of Temecula, a
public body, corporate and politic, exercising governmental functions and powers, and organized
and existing under the Community Redevelopment Law of the State of California, with full
power and authority to execute this Agreement. The principal office of the Agency is located at
43200 Business Park Drive, Temecula, California 92590.
1.1.2 Agencv Loan shall mean, collectively, that certain forgivable loan in the
amount of $3,000,000 to be made by Agency to Developer for the purpose of paying a portion of
the construction costs of the Project, which is to be evidenced by the Note and shall be forgiven
upon the expiration of the term of the Regulatory Agreement provided Developer is not
otherwise in default under this OP A or the Loan Documents. The Loan Agreement contains,
among other things, the terms and conditions for disbursement of the Agency Loan.
1.1.3 Agreement means this Owner Participation Agreement.
1.1.4 Certificate of Satisfaction of Construction Obligations means a certificate
described in Section 2.12, to be provided by the Agency to the Developer upon satisfactory
completion of construction of the Project.
1.1.5 Citv means the City of Temecula, a municipal corporation, exercising
governmental functions and powers, and organized and existing under the laws of the State of
California. The principal office of the City is located at 43200 Business Park Drive, Temecula,
California 92590.
1.1.6 Construction Contract has the meaning provided in Section 2.8.
1.1.7 Deed of Trust shall mean the Deed of Trust, Security Agreement and
Fixture Filing (with Assignment of Rents) executed by Developer in favor of Agency
encumbering the Project that secures the Agency Loan.
1.1.8 Default has the meaning provided in Section 6.1.
1.1.9 Developer means D' ALTO PARTNERS, LLC, a California limited
liability company. The principal office of the Developer for purposes of this Agreement is
lI087-0001\816663v3.doc
2
1.1.10 Escrow Holder shall mean First American Title Companv.
1.1.11 General Contractor has the meaning provided in Section 2.8.
1.1.12 Hazardous Materials means any chemical, material or substance now or
hereafter defined as or included in the definition of "hazardous substances," "hazardous wastes,"
"hazardous materials," "extremely hazardous waste," "restricted hazardous waste," "toxic
substances," "pollutant or contaminant," "imminently hazardous chemical substance or mixture,"
"hazardous air pollutant," "toxic pollutant," or words of similar import under any local, state or
federal law or under the regulations adopted or publications promulgated pursuant thereto
applicable to the Site, including, without limitation: the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 U.S.C. ~ 9601, et seq. ("CERCLA"); the
Hazardous Materials Transportation Act, as amended, 49 U.S.C. ~ 1801, et seq.; the Federal
Water Pollution Control Act, as amended, 33 U.S.c. ~ 1251, et seq.; and the Resource
Conservation and Recovery Act of 1976,42 U.S.C. ~ 6901, et seq. The term "Hazardous
Materials" shall also include any of the following: any and all toxic or hazardous substances,
materials or wastes listed in the United States Department of Transportation Table (49 CPR
172.101) or by the Environmental Protection Agency as hazardous substances (40 CPR Part 302)
and in any and all amendments thereto in effect as of the date of the close of any escrow; oil,
petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof),
natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not
otherwise designated as a hazardous substance under CERCLA; any substance which is toxic,
explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special
nuclear or by-product material as defined at 42 U.S.C. ~ 2011, et seq.), carcinogenic, mutagenic,
or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in
any form; urea formaldehyde foam insulation; transformers or other equipment which contain
dielectric fluid containing levels of polychlorinated biphenyl's; radon gas; or any other chemical,
material or substance (i) which poses a hazard to the Site, to adjacent properties, or to persons on
or about the Site, (ii) which causes the Site to be in violation of any of the aforementioned laws
or regulations, or (iii) the presence of which on or in the Site requires investigation, reporting or
remediation under any such laws or regulations.
1.1.13 Holder has the meaning provided in Section 3.2.2.
1.1.14 Improvements means the improvements comprising the Project that are
described in the Scope of Development.
1.1.15 Loan Agreement shall mean the Loan Agreement between Agency and
Developer dated concurrently herewith.
Agreement.
1.1.16 Loan Documents shall have the meaning ascribed to such term in the Loan
1.1.17 Note shall mean the promissory note evidencing the Agency Loan
executed by Developer in favor of Agency.
1.1.18 Partv means any party to this Agreement. The "Parties" shall be all parties
to this Agreement.
11087.0001 \816663v3.doc
3
1.1.19 Plans and Specifications means the plans and specifications approved by
the City and the Agency for construction of the Improvements.
1.1.20 Proiect means the improvement of the Site with the Improvements (for use
as an affordable housing project) in accordance with the Plans and Specifications.
No. 1988-1.
1.1.21 Proiect Area means the Riverside County Redevelopment Project Area
1.1.22 Redevelopment Law means the Community Redevelopment Law of the
State of California (being ~ 33000 et seq. of the Health and Safety Code of the State of
California.
1.1.23 Redevelopment Plan means the Redevelopment Plan for the Project Area.
This Agreement shall be subject to the provisions of the Redevelopment Plan (which are
incorporated herein by this reference and made a part hereof as though fully set forth herein).
1.1.24 Regulatorv Agreement shall mean that certain Regulatory Agreement
pursuant to which Developer agrees to rent the Units only to moderate (or lower) income
households at an affordable rent.
1.1.25 Restrictive Covenant Period has the meaning provided in Section 4.1.
1.1.26 Schedule of Performance means the schedule attached hereto as
Exhibit "B" and incorporated herein by this reference.
1.1.27 Scope of Development means the Scope of Development attached hereto
as Exhibit "C" and incorporated herein by this reference.
1.1.28 Site means the land described on Exhibit "A" attached to this Agreement.
ARTICLE 2. DEVELOPMENT OF THE SITE
Section 2.1 Scope of Development.
2.1.1 Developer shall complete the Improvements in accordance with the Scope
of Development, the Plans and Specifications, and the Schedule of Performance, and shall also
complete such other amenities, landscaping and public improvements as are required by the City
through the entitlement and permit process. Construction of the Improvements shall commence
no later than the date specified therefor in the Schedule of Performance, and the Developer shall
otherwise comply with all deadlines and tasks in the Schedule of Performance. Subject to force
majeure delays as provided in Section 7.9 below, the Improvements shall be completed, ready
for occupancy, and open for business no later than the date that is twenty-four (24) months after
the Effecti ve Date, as set forth in the Schedule of Performance.
2.1.2 The Developer shall also comply with any and all applicable federal, state
and local laws. rules and regulations, and any applicable mitigation measures adopted pursuant
to the California Environmental Quality Act.
lI087-0001\816663v3.doc
4
Section 2.2 Agencv's Right to Review Plans and Specifications.
In connection with design of the Improvements, the Developer shall submit basic
concept drawings, preliminary plans, landscaping plans, and final plans and specifications to the
Agency for the Agency's review and approval, which review and approval shall not be
unreasonably delayed or withheld. Concept drawings shall consist of all building elevations,
rendered, at a scale of 1A=1' -0"; a site plan delineating all circulation patterns, parking areas, free
standing and/or monument signage locations, and set backs; and a conceptual landscape plan, all
on standard 36"x 24" sheets. Preliminary plans shall consist of the same plans in the same
format in preliminary design status as identified in a standard American Institute of Architects
design contract, with the addition of a material schedule/color board for the buildings, a plant
material schedule for the landscape plan, and the dimensions and faces of all proposed signs.
Final plans and specifications shall consist of the set of construction documents from which the
Improvements will be constructed. The Developer shall construct the Improvements in
compliance with the plans and specifications approved by the Agency.
Section 2.3 Approval of Construction Plans.
The Agency shall reasonably approve or disapprove such plans, drawings, and
related documents referred to in Section 2.2 in a reasonably timely fashion but in no event,
longer than forty five (45) days after the Developer submits such plans, drawings and related
documents referred to in Section 2.2. In the event the Agency fails to approve or disapprove
such plans, drawings and related documents within forty five (45) days after submittal by the
Developer, the plans, drawings and related documents shall be deemed approved by the Agency.
Any disapproval shall state in writing the reasons for disapproval. The Developer, upon receipt
of a disapproval, shall revise such portion of the plans, drawings or related documents in a
manner that satisfies the reasons for disapproval and shall resubmit such revised portions to the
Agency as soon as possible after receipt of the notice of disapproval. The Agency shall approve
or disapprove such revised portions in the same manner as provided in this Agreement for
approval or disapproval of plans, drawings, and related documents initially submitted to the
Agency, which approval or disapproval shall be provided within a reasonable time taking into
consideration the scope and detail of the plans, drawings and documents submitted. All
approvals or disapprovals to be made by the Agency pursuant to this Article 2 shall be made by
the Executive Director of the Agency or the Executive Director's designated staff members, and
such approvals or disapprovals are separate and apart from any other review and approval
required by the City through the entitlement and permit process.
lI087-00011816663v3.doc
5
Section 2.4 Changes in Construction Drawings.
If the Developer desires to make any changes in the construction drawings and
related documents after their approval by the Agency, the Developer shall submit the proposed
changes to the Agency for its reasonable approval. The Agency shall approve or disapprove
such changes in the same manner as provided in this Article 2 for approval or disapproval of
plans, drawings, and related documents initially submitted to the Agency, which approval or
disapproval shall be provided within a reasonable time taking into consideration the scope and
detail of the plans, drawings and documents submitted. The Developer shall revise any
disapproved portions and resubmit them to the Agency as provided in this Article 2.
Section 2.5 Cost of Construction.
The cost of constructing all Improvements and all public infrastructure
improvements relating to the Project, or required by the City or Agency in connection with the
Project, if any, shall be borne by the Developer, provided, however, that it is contemplated that
the Developer will use the Agency Loan to assist in payment of such costs.
Section 2.6 Construction Schedule.
The Developer shall begin and complete all construction within the times
specified in the Schedule of Performance.
Section 2.7 Progress of Construction.
During construction of the Improvements on the Site, the Developer shall submit
to the Agency within thirty (30) days following each request of the Agency therefore (which
requests shall be submitted no more frequently than monthly), a written report of the progress to
date of the construction. The reports shall be in the same form and in the same detail as are
normally prepared for internal reports of the Developer or for reports from the General
Contractor (defined below). The report shall be in such form and detail as to reasonably inform
the Agency of the status of construction to date, and shall include a reasonable number of
photographs (if so requested by the Agency) taken since the last report by the Developer.
Section 2.8 Construction Contract: Bonds.
Consistent with the date(s) set forth in the Schedule of Performance, the
Developer shall provide to the Agency a copy of the fully executed construction contract or
contracts as may be applicable (the "Construction Contract(s)"), which Construction Contract(s)
shall obligate a reputable and financially responsible general contractor (the "General
Contractor"), licensed in California and experienced in completing the type of improvements
contemplated by this Agreement, to commence and complete the construction of the
Improvements in accordance with this Agreement, and all applicable laws, with the funds
available for the Project. Such Construction Contract(s) shall set forth a guaranteed maximum
price or stipulated sum based on the Agency-approved plans and specifications. The Agency
shall also have the right to confirm that the Construction Contract(s) will conform to the budget
and cost breakdown approved by the Developer's construction lender. The Developer shall also
either (i) obtain and deliver to the Agency payment and performance bonds for the Project from a
11087-0001\816663v3.doc
6
surety acceptable to the Agency naming the Agency as an obligee; or (ii) provide substitute
security, in lieu of such bonds, in favor and substance approved by the Executive Director of the
Agency in his sole and absolute discretion (such as a letter of credit).
Section 2.9 Rights of Access.
In addition to those rights of access to and across the Site to which the Agency
and the City may be entitled by law, members of the staffs of the Agency and the City shall have
a reasonable right of access to the Site, without charge or fee, at any reasonable time upon at
least 24 hours' telephonic notice to the individual designated by Developer, to inspect the work
being performed at the Site.
Section 2.10 Local. State and Federal Laws.
The Developer shall carry out the construction of the Improvements in conformity
with all applicable laws, including all applicable federal, state and local occupation, safety and
health laws, rules, regulations and standards. Developer agrees to indemnify, defend and hold
Agency harmless from and against any cost, expense, claim, charge or liability relating to or
arising directly or indirectly from any breach by or failure of Developer or its contractor(s) or
agents to comply with such laws, rules or regulations. The Developer's indemnity obligations
set forth in this Section 2.10 shall survive the termination or expiration of this Agreement.
Section 2.11 Nondiscrimination During Construction.
The Developer, for itself and its successors and assigns, agrees that it shall not
discriminate against any employee or applicant for employment because of age, sex, marital
status, race, handicap, color, religion, creed, ancestry, or national origin in the construction of the
Improvements.
Section 2.12 Certificate of Satisfaction of Construction Obligations.
2.12.1 After (i) completion of construction ofall of the Improvements, and the
infrastructure public improvements for the Project on the Site, (ii) the Developer has obtained a
certificate of occupancy for all of the Improvements and (iii) the Developer has caused a notice
of completion (as described in California Civil Code Section 3093) with respect to the Project to
be recorded in the Official Records of Ri verside County, California, the Agency shall, following
written request by the Developer, promptly furnish the Developer with a Certificate of
Satisfaction of Construction Obligations for the Improvements. A Certificate of Satisfaction will
be issued for any parcel within the Site which has complied with the foregoing conditions of this
Section 2.12. The Certificate of Satisfaction of Construction Obligations shall be in the form
attached hereto as Exhibit "0" and incorporated herein by this reference.
2.12.2 If the Agency refuses or fails within thirty (30) days after receipt of a
written request from the Developer to issue the Certificate of Satisfaction of Construction
Obligations, the Agency shall provide the Developer with a written statement of the reasons the
Agency refused or failed to furnish a Certificate of Satisfaction of Construction Obligations. The
statement shall also specify the actions the Developer must take to obtain a Certificate of
Satisfaction of Construction Obligations.
tI087-00011816663v3.doc
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2.12.3 Such Certificate of Satisfaction of Construction Obligations shall not
constitute evidence of compliance with or satisfaction of any obligation of the Developer to any
holder of a mortgage, trust deed or other security instrument. Such Certificate of Satisfaction of
Construction Obligations shall not be construed as a notice of completion as described in
California Civil Code Section 3093.
ARTICLE 3. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS
Section 3.1 Limitation As To Transfer of the Site and Assignment of Agreement.
Prior to the Agency's issuance of the Certificate of Satisfaction of Construction
Obligations, the Developer shall not (i) transfer its rights and obligations under this Agreement
or (ii) sell, assign, transfer, encumber, pledge or lease the Project without the Agency's prior
written consent, which consent may be granted or withheld at the sole and absolute discretion of
the Agency. The Developer acknowledges that the identity of the Developer is of particular
concern to the Agency, and it is because of the Developer's identity that the Agency has entered
into this Agreement with the Developer. No voluntary or involuntary successor in interest of the
Developer shall acquire any rights or powers under this Agreement in violation of the terms
hereof. This prohibition shall not be deemed to prevent the (i) granting of easements or licenses
to facilitate the construction of the Improvements or the development of the Site, (ii) any
mortgage or deed of trust permitted by this Agreement, (iii) any space lease to a retail tenant
entered into by the Developer in the normal course of business for improvements other than the
Improvements, or (iv) assignment by Developer of its rights and obligations under this
Agreement to an affiliate of Developer which is owned and controlled by Developer (as shown
by evidence delivered and acceptable to Agency). Upon the Agency's issuance of a Certificate
of Satisfaction of Construction Obligations, the Developer may transfer the Site and assign its
interest in this Agreement to any transferee subject to the Regulatory Agreement and the other
Loan Documents so long as such transferee agrees to assume and be bound by all of the
covenants and conditions set forth in Article 4 of this Agreement.
Section 3.2 Securitv Financing; Right of Holders.
3.2.1 No Encumbrances Except Mortgages. Deeds of Trust. or Other
Convevance for Financing For Development.
3.2.1.1 Notwithstanding Section 3.1 or any other provision herein to the
contrary, mortgages, deeds of trust, sales and leaseback, or any other form of encumbrance or
conveyance required for any reasonable method of construction and permanent financing are
permitted but only for the purpose of securing loans of funds to be used for financing the direct
and indirect costs of the Project and/or any retail/commercial project on the Site (including
reasonable and customary loan fees and costs, and other normal and customary project costs
and/or tenant improvement costs).
3.2.1.2 The words "mortgage" and "deed of trust" as used herein include
all other appropriate modes of financing commonly used in construction and land development.
Any reference herein to the "holder" of a mortgage or deed of trust shall be deemed also to refer
to a lessor under a sale and leaseback.
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3.2.2 Notice of Default to Mortgage. Deed of Trust or Other Securitv Interest
Holders: Right to Cure.
Whenever the Agency shall deliver a notice or demand to the Developer with
respect to any breach or default by the Developer under this Agreement, the Agency shall at the
same time deliver a copy of such notice or demand to each holder of record of any mortgage,
deed of trust or other security interest authorized by this Agreement who has previously made a
written request to the Agency for special notice hereunder (a "Holder"). No notice of default to
the Developer shall be effective against any such Holder unless given to such Holder as
aforesaid. Such Holder shall (insofar as the rights of the Agency are concerned) have the right,
at such Holder's option, within thirty (30) days after receipt of the notice or such longer period as
available to Developer, to cure or remedy any such default and to add the cost thereof to the debt
secured by the lien of its security interest. If such default shall be a default which can only be
remedied or cured by such Holder upon obtaining possession of the Site, such Holder shall seek
to obtain possession of the Site with diligence and continuity through a receiver or otherwise,
and shall remedy or cure such default within a reasonable period of time as necessary to remedy
or cure such default of the Developer.
3.2.3 Noninterference with Holders.
The provisions of this Agreement do not limit the right of Holders to foreclose or
otherwise enforce any mortgage, deed of trust, or other security instrument encumbering the Site
and the improvements thereon, or the right of Holders to pursue any remedies for the
enforcement of any pledge or lien encumbering the Site; provided, however. that in the event of a
foreclosure sale under any such mortgage, deed of trust or other lien or encumbrance, or sale
pursuant to any power of sale contained in any such mortgage or deed of trust, the purchaser or
purchasers and their successors and assigns, and the Site, shall be, and shall continue to be,
subject to all of the conditions, restrictions and covenants of this Agreement and all documents
and instruments recorded pursuant hereto.
ARTICLE 4. USE OF THE SITE
Section 4.1 Use.
The Developer covenants and agrees for itself, and its successors and its assigns,
that the Developer, such successors, and such assignees shall use the Site and every part thereof
only for the construction of the Improvements thereon and the commercial/retail improvements
on which the Improvements are to be located and, for fifty-five (55) years after the completion of
construction of the Improvements (the "Restrictive Covenant Period"), the Improvements shall
be used only for affordable rental housing, as required in the Regulatory Agreement.
Section 4.2 Tenant Relocation.
The Developer covenants and agrees for itself, and its successors and its assigns,
that the Developer, such successors, and such assigns, shall take full responsibility for the
relocation, if any, of tenants located within'the Site, and shall pay all costs and expenses
associated with such relocation as may arise from applicable federal and state laws and
1 J087-0001\816663v3.doc
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regulations, including, without limitation, the California Relocation Assistance and Real
Property Acquisition statutes and guidelines as amended.
Section 4.3 Obligation to Refrain from Discrimination.
The Developer covenants and agrees for itself, its successors and assigns, and for
every successor in interest to the Site or any part thereof, that there shall be no discrimination
against or segregation of any person, or group of persons, on account of sex, marital status, age,
handicap, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the Site, and the Developer (itself or any person
claiming under or through the Developer) shall not establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use
or occupancy of tenants, lessees. subtenants, sublessees, or vendees of the Site or any portion
thereof.
Section 4.4 Form of Nondiscrimination and Nonsegregation Clauses.
The Developer shall refrain from restricting the rental, sale or lease of the Site or
any portion thereof, on the basis of sex, age, handicap, marital status, race, color, religion, creed,
ancestry or national origin of any person. All deeds, leases or contracts for sale shall contain or
be subject to substantially the following nondiscrimination or nonsegregation clauses:
1. In deeds: ''The grantee herein covenants by and for himself, his heirs,
executors, administrators and assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
of sex, marital status, race, age, handicaps color, religion, creed, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed,
nor shall the grantee himself or any person claiming under or through him, establish or permit
any such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the
land herein conveyed. The foregoing covenants shall run with the land."
2. In leases: ''The lessee herein covenants by and for himself, his heirs,
executors, administrators and assigns, and all persons claiming under or through him, and this
lease is made and accepted upon and subject to the following conditions:
''That there shall be no discrimination against or segregation of any person
or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed,
national origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of the land
herein leased, nor shall the lessee himself, or any person claiming under or through him,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants or
vendees in the land herein leased."
3. In contracts relating to the sale or transfer of the Site or any interest
therein: ''There shall be no discrimination against or segregation of any person or group of
persons on account of sex, marital status, race, age, handicap, color, religion, creed, national
origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
lI087-00011816663v3.doc
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the land, nor shall the transferee himself or any person claiming under or through him, establish
or permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy, of tenants, lessees, subtenants, sublessees or
vendees of the land."
Section 4.5 Regulatorv Agreement.
In order to insure the Developer's compliance with the use restrictions set forth in
Section 4.1 hereof, a regulatory agreement ("Regulatory Agreement'.) shall be recorded against
the Site prior to the recording of the Deed of Trust. The Regulatory Agreement shall provide,
among other things, that the Developer must use and maintain the Site for the uses described in
Section 4.1 for the Restrictive Consent Period. The Developer shall cause to be recorded,
concurrently with the recordation of the Regulatory Agreement, subordination or non-
disturbance agreements from all persons and entities holding monetary liens encumbering the
Site (including all trust deeds and mortgages).
Section 4.6 Effect and Duration of Covenants.
The following covenants shall be binding upon the Site and Developer, and its
successors and assigns, for the following periods and each of which shall be set forth with
particularity in any document of transfer or conveyance by the Developer:
(1) The use requirements set forth in Section 4.1 shall remain in effect
for the Restrictive Covenant Period; and
(2) The non-discrimination and non-segregation requirements set forth
in Section 4.3 and Section 4.4, respectively, which shall remain in effect in perpetuity.
ARTICLE 5. AGENCY LOAN
Section 5.1 Conditions for Closing of Loan.
The following events are conditions precedent to the Agency's making the
Agency Loan, and the dates upon which the above conditions precedent have been fully satisfied
by the Developer and/or waived in writing by the Agency, is referred to herein as the "Close of
Escrow":
(i) the issuance to the Agency of an ALTA Lender's title policy (the "Title
Policy"), which insures the Agency's Deed of Trust and is in form and substance and with
endorsements satisfactory to the Agency;
(ii) presentation to the Agency of evidence (such as insurance certificates) that
the insurance required by the Loan Documents is in effect;
(iii) the execution and delivery of an "intercreditor agreement" among Developer,
Agency and Developer's other Construction Lender(s), acceptable in form and substance to the
Agency, the closing of the loan(s) necessary to pay all development and construction costs for
lI087-0001\816663v3.doc
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the Site (including any improvements on which the Project is to be located) and delivery to the
Agency of all documents evidencing or relating to said loan(s);
(iv) execution and delivery to the Agency of the Loan Agreement, the Promissory
Note, Regulatory Agreement and Deed of Trust, and the recordation of the Deed of Trust and the
Regulatory Agreement in the Official Records of Riverside County, California;
(v) delivery to Agency of a parking management plan for the Project, which must
be acceptable in form and substance to Agency acting in good faith;
(vi) presentation to the Agency of a construction contract and bonds for the
completion of the Project as required under Section 2.8 above;
(vii) presentation to the Agency of evidence establishing the financial feasibility
of the Project (including, without limitation, development pro-formas showing sources and uses
of funds and all costs and any improvements on which the Project is to be located), and approval
by the Agency thereof;
(viii) delivery to the Agency of evidence acceptable to the Agency that all
permits and governmental approvals for the development of the Project and any improvements
on which the Project is to be located have been issued or are ready to be issued, all development-
related fees (including, without limitation, DIF and TUMF fees and exactions and all permit
fees) have been paid, and there are no unsatisfied conditions to the issuance of any such
approvals or permits;
(ix) delivery to the Agency of final plans and specifications for the Project, and
approval thereof by the Agency (which shall not constitute approval by the City); and
(x) approval by the Agency of this Agreement;
(xi) the absence of a default by Developer under this OPA, the Regulatory
Agreement and the Loan Documents; and
(xii) the delivery to the Agency of an ll..C-l for the Developer certified by the
California Secretary of State, a Good Standing Certificate for the Borrower issued by the
California Secretary of State and a copy of Borrower's operating agreement.
Section 5.2 Escrow And Escrow Instructions.
Upon the execution of this Agreement, Developer and Agency shall deliver a
copy of this Agreement to Escrow Holder and shall open an escrow for the transactions
described herein. This Agreement constitutes the joint escrow instructions of Developer and
Agency to Escrow Holder in connection with the Agency Loan. Developer and Agency may
supplement such escrow instructions and agree to execute such reasonable supplemental escrow
instructions as may be required by Escrow Holder.
Section 5.3 Costs.
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Owner shall pay all escrow, recording and title insurance costs and fees, as well as
any inspection fees and costs licensed by the Agency.
Section 5.4 Survev.
Agency may, at Developer's sole cost and expense, perform and obtain an ALTA
survey of the Property prepared by a registered land surveyor licensed by the State of California.
Section 5.5 Soil Testing and Inspections.
Promptly after the execution of this Agreement, Developer will deliver to Agency
copies of all documents, reports, and correspondence in the Developer's possession that relate to
the physical condition of the Property (including the presence of Hazardous Materials). Until the
date that is 12 calendar months after the date of this Agreement (the "Inspection Deadline"),
Agency and its agents may enter upon the Property upon twenty-four (24) hour prior written
notice sent to the Agency in order to investigate the environmental condition of the entire
Property; provided, however, that Developer's agent may request to be present during such
inspections, and Agency shall reasonably accommodate Developer in arranging a mutually
convenient inspection time so that Agency or Agency's agents may be present. All studies and
reports prepared in connection with Agency's inspection of the Property are to be done at the
expense of Developer; provided, that Agency shall provide Developer with a copy of all of the
reports without cost promptly upon receipt by Agency. Agency, in its sole discretion, may elect
to terminate this Agreement and cancel Escrow in the event any physical conditions are not
reasonably acceptable to Agency by giving written notice of such termination to Developer on or
before the Inspection Deadline (as defined above).
Section 5.8 Subordination to Other Loans.
The Agency will subordinate the Deed of Trust to the lien securing the primary
construction loan provided Developer is not in default under this Agreement and provided,
further, that the Executive Director of the Agency shall have reasonably approved the terms of
the construction financing and the terms of the subordination.
ARTICLE 6. EVENTS OF DEFAULT. REMEDIES AND TERMINATION
Section 6.1 Defaults.
Subject to the extensions of time set forth in Section 7.9 hereof, the following
shall constitute a "Default" under this Agreement by the non-performing Party: (a) a failure to
pay any sum due within five (5) business days after written demand by the other party; (b) failure
or delay by such Party to perform any term or provision of this Agreement or the Regulatory
Agreement or any of the Loan Documents and the failure to cure such default within thirty (30)
days after notice is given by one of the Parties hereto to the defaulting Party, unless such breach
or default cannot reasonably be remedied in such thirty (30) day period, in which event such
Party shall not be in default if it commences to cure such breach or default within such thirty (30)
day period and diligently pursues such curing to completion, or (c) filing of a petition under the
lI087-00011816663v3.doc
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Bankruptcy Code by or against Developer, or appointment of a receiver or trustee of any
property of Developer, or an assignment by Developer for the benefit of creditors, or
adjudication by a court, that Developer is insolvent, and the failure of Developer to cause such
petition, appointment, or assignment to be removed or discharged within sixty (60) days. The
Party who so fails or delays must immediately commence to cure, correct or remedy such failure
or delay, and shall complete such cure, correction or remedy with reasonable diligence and
during any period of curing shall not be in default. If Developer shall be in default, the
obligation of Agency to make or authorize payments to Developer otherwise provided for herein
shall be suspended during the period of such default.
Except as otherwise expressly provided in this Agreement, any failure or delay by
a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of
any default or of any such rights or remedies or deprive such Party of its right to institute and
maintain any actions or proceedings which it may deem necessary to protect, assert or enforce
any such rights or remedies.
Section 6.2 Legal Actions.
6.2.1 Institution of Legal Actions.
Unless otherwise specifically provided in this Agreement, in addition to any other
rights or remedies, any Party may institute legal action to cure, correct, or remedy any Default, to
recover damages for any Default, or to obtain any other remedy consistent with the provisions of
this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los
Angeles, State of California, in any other appropriate municipal court in that County, or in the
Federal District Court in the Central District of California.
6.2.2 Damages and Specific Perrormance.
If any Party defaults with regard to any of the provisions of this Agreement, any
nondefaulting Party may serve written notice of such Default upon the defaulting Party. If the
Default is not cured or commenced to be cured by the defaulting Party within thirty (30) days
after service of the notice of default, the defaulting Party shall be liable to the non defaulting
Party for damages caused by such Default, and, in addition, the nondefaulting Party, at its option,
may institute an action for specific perrormance of the terms of this Agreement and shall have all
other rights and remedies available to it at law or in equity, except for any right to claim or
recover damage for lost profits.
6.2.3 Termination of Agreement.
In addition to the rights and remedies provided in Section 6.2.2, in the event of a
Default by either Party beyond all applicable rights provided in this Agreement, the
nondefaulting Party, at its option, may terminate this Agreement upon written notice thereof to
the defaulting Party. In the event of such termination, all of the provisions of this Agreement
shall be of no further force or effect, except for those provisions hereof which expressly provide
that they shall survive such termination.
6.2.4 Rights and Remedies Cumulative.
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Except as otherwise expressly stated in this Agreement, the rights and remedies of
the Parties are cumulati ve, and the exercise by any Party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other rights
or remedies for the same Default or any other Default by any other Party.
6.2.5 No Personal Liabilitv.
Except as specifically provided herein to the contrary, no representative,
employee, attorney, agent or consultant of the Agency or City shall personally be liable to the
Developer, or any successor in interest of the Developer, in the event of any Default or breach by
the Agency, or for any amount which may become due to the Developer, or any successor in
interest, on any obligation under the terms of this Agreement. Nor shall any representative,
employee, attorney, agent or consultant of the Developer be personally liable to the Agency, or
City or any successor in interest of the Agency or City in the event of any default or breach by
the Developer, or for any amount which may become due to the Agency or City, or any
successor in interest on any obligation under the terms of this Agreement.
6.2.6 Inaction Not a Waiver of Default.
Except as expressly provided in this Agreement to the contrary, any failure or
delay by either Party in asserting any of its rights and remedies as to any Default shall not
operate as a waiver of any Default or of any such rights or remedies, or deprive either such party
of its rights to institute and maintain any actions or proceedings which it may deem necessary to
protect, assert or enforce any such rights or remedies.
ARTICLE 7. INDEMNITY
The Developer shall indemnify, defend, protect, and hold harmless the Agency
and the City and any and all agents, employees, attorneys and representatives of the Agency and
the City, from and against all losses, liabilities, claims, damages (including consequential
damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket
litigation costs and reasonable attorney's fees) and demands of any nature whatsoever, related
directly or indirectly to, or arising out of or in connection with:
(i) the use, ownership, management, occupancy, or possession of the
Site,
(ii) any breach or Default of the Developer hereunder,
(iii) any of the Developer's activities on the Site (or the activities of the
Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors,
subcontractors, or independent contractors on the Site), including without limitation the
construction of any Improvements on the Site,
(iv) the presence or clean-up of Hazardous Materials on, in or under the
Site to the extent the same was caused by Developer or Developer's affiliates, or,
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\
(v) arising from the Developer's ownership, use, possession,
improvement, operation, leasing (including tenant relocation) or disposition of the Site,
regardless of whether such damages, losses and liabilities shall accrue or are discovered before
or after termination or expiration of this Agreement.
The Developer's indemnity obligations set forth in this Article shall not
extend to any damages, losses, or liabilities incurred by the Agency or the City to the extent such
losses or liabilities are caused by or contributed to by the negligent or intentionally wrongful act
of the Agency, as finally determined by a court of competent jurisdiction. The Developer's
indemnity obligations set forth in this Article shall survive the termination or expiration of this
Agreement and shall be in addition to (not in lieu of any other indemnity obligations of
Developer in the Loan Documents).
Section 7.3 Notices.
All notices and demands shall be given in writing by certified mail, postage
prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given
upon the earlier of (a) personal delivery, (b) three (3) business days following deposit in the
United States mail, postage prepaid, certified or registered, return receipt requested or (c) the
next business day after deposit with a nationally reorganized overnight courier, in each instance
addressed to the recipient as set forth below. Notices shall be addressed as provided below for
the respective party; provided that if any party gives notice in writing of a change of name or
address, notices to such party shall thereafter be given as demanded in that notice:
Agency:
Citv of Temecula
Redevelopment Agencv
P.O. Box 9033
Temecula. CA 92589-9033
with a copy to:
Peter Thorson
Richards Watson & Gershon
355 S. Grand Avenue 40th Floor
Los Angeles. CA 90071-3101
D'ALTO PARTNERS. LLC
41640 Corning Place
Murrieta. CA 92562
Attn: Mr. Bill and Todd Dalton
Developer:
Section 7.4 Construction.
The Parties agree that each Party and its counsel have reviewed and revised this
Agreement and that any rule of construction to the effect that ambiguities are to be resolved
against the drafting Party shall not apply in the interpretation of this Agreement or any
amendments or exhibits thereto.
Section 7.5 Developer and Agencv Warranties.
lI087-()()Ol\816663v3.doc
The Developer warrants and represents to the City and the Agency that the
Developer has the requisite power and authority to execute and enter into this Agreement and to
consummate the transactions contemplated hereunder. This Agreement constitutes the valid and
binding agreement of the Developer, enforceable in accordance with its terms. Neither the
execution nor delivery of this Agreement, nor the Regulatory Agreement, nor the consummation
of the transactions covered hereby, nor compliance with the terms and provisions hereof, shall
conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a
default under, any agreement or instrument to which the Developer is a party.
Section 7.6 Interpretation.
In this Agreement the neuter gender includes the feminine and masculine, and
singular number includes the plural, and the words "person" and "party" include corporation,
partnership, firm, trust, or association where ever the context so requires.
Section 7.7 Time of the Essence.
Time is of the essence of this Agreement.
Section 7.8 Attornevs' Fees.
If any Party brings an action to enforce the terms hereof or declare its rights
hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys'
fees to be paid by the losing Party as fixed by the court.
Section 7.9 Enforced Delav: Extension of Times of Performance.
Notwithstanding anything to the contrary in this Agreement, unexcused material
failure to complete the Improvements required to be completed according to this Agreement on
or prior to the Completion Date shall constitute a Default hereunder; provided, however,
nonperformance shall be excused when performance is prevented or delayed by reason of any of
the following forces reasonably beyond the control of such party: (i) war, insurrection, riot,
flood, severed weather, earthquake, fire, casualty, acts of public enemy, governmental restriction,
litigation, acts or failures to act of any governmental agency or entity, including the Agency, or
(ii) inability to secure necessary labor, materials or tools, strikes, lockouts, delays of any
contractor, subcontractor or supplier. In the event of an occurrence described in clauses (i) and
(ii) above, such nonperformance shall be excused and the time of performance shall be extended
by the number of days the matters described in clauses (i) and (ii) above prevent or delay
performance.
Section 7.10 Approvals bv Agencv and the Developer.
Unless otherwise specifically provided herein, wherever this Agreement requires
the Agency or the Developer to approve any contract, document, plan, proposal, specification,
drawing or other matter, such approval shall not unreasonably be withheld or delayed.
Section 7.11 Insoection of Books and Records.
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Upon reasonable notice, the Agency shall have the right at all reasonable times to
inspect the books and records of the Developer pertaining to the Site as pertinent to the purposes
of this Agreement.
Section 7.12 Developer's Private Undertaking.
The development covered by this Agreement is a private undertaking, and the
Developer shall have full power over and exclusive control of the Site while the Developer holds
title to the Site; subject only to the limitations and obligations of the Developer under this
Agreement and the Redevelopment Plan.
Section 7.13 Applicable Law.
The laws of the State of California shall govern the interpretation and
enforcement of this Agreement.
Section 7.14 Acceptance of Service of Process.
In the event that any legal action is commenced by any Party against any other
Party, service of process on such Party shall be made by personal service upon any agent of such
Party (authorized to accept service on such party's behalf) or in such other manner as may be
provided by law and shall be valid whether made within or without the State of California.
Section 7.15 Entire Agreement, Waivers and Amendments.
The Agreement is executed in duplicate originals, each of which is deemed to be
an original. This Agreement, together with all attachments and exhibits hereto, constitutes the
entire understanding and agreement of the parties. This Agreement integrates all of the terms
and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous
agreements between the parties with respect to the subject matter hereof. No subsequent
agreement. representation or promise made by either Party hereto, or by or to any employee,
officer, agent or representative of either Party, shall be of any effect unless it is in writing and
executed by the Party to be bound thereby. No person is authorized to make, and by execution
hereof the Developer and the Agency acknowledge that no person has made, any representation,
warranty, guaranty or promise except as set forth herein; and no agreement, statement.
representation or promise made by any such person which is not contained herein shall be valid
or binding on the Developer or the Agency.
Section 7.16 Severability.
Each and every provision of this Agreement is, and shall be construed to be, a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof shall to any extent be held to be invalid or unenforceable, the remainder
of this Agreement, or the application of such term or provision to circumstances other than those
to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision
of this Agreement shall be valid and shall be enforced to the extent permitted by law.
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Section 7.17 Survival.
The provisions hereof shall not terminate but rather shall survive any conveyance
hereunder and the delivery of all consideration.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement as of the
day and year first above written.
"Developer":
D'ALTO PARTNERS, LLC,
a California limited liability company
By:
William R. Dalton, Member
By:
Todd W. Dalton, Member
"Agency":
AITEST:
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, a public body, corporate and politic
By:
Susan Jones, CMC
City Clerk/Agency Secretary
By:
Ron Roberts
Temecula Redevelopment Agency Chairperson
APPROVED AS TO FORM:
Richards, Watson & Gershon,
a professional corporation
By:
Peter Thorson, Agency Counsel
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EXHIBIT "A"
DESCRIPfION OF THE SITE
(Attached.)
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A,J
LEGAL DESCRIPTION
PARCEL A
LOTS 13 AND 14 BLOCK 22, S.D. TOWN OF TEMECULA TRACT, IN THE CITY
OF TEMECULA, AS PER MAP RECORDED IN BOOK 15, PAGE 726 SAN DIEGO
COUNTY RECORDS.
"LEGAL DESCRIPTION"
PARCEL B
LOTS 9, 10, 11 AND 12 IN BLOCK 22 IN THE TOWN OF TEMECULA, IN THE
CITY OF TEMECULA COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS
SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN
DIEGO COUNTY. APN #922-024-012-4.
EXHIBIT B
Schedule of Performance
ACTION DATE
1. Execution of Redevelopment Agreements On or Before: June 1,2005
2. Submission of Plans for City Approval On or Before: July I, 2005
3. Close Construction Financing On or Before: November 1,2005
4. Receive Building Permits On or Before: November 15, 2005
5. Commence Construction On or Before: December 1, 2005
6. Completion Within Eighteen Months (18) of
(Receive Release of Utilities for all Units) issuance of building permits
R:\Housing 2005\EXHlBIT Bscheduleofperfonnance.doc
EXHIBIT "C"
SCOPE OF DEVELOPMENT
A. General
The site consists of property located on the north side of 5th Street in the City of
Temecula. The Total site is approximately 21,000 square feet, with the proposed total building
area of 27,445 square feet.
The Developer, D' Alto Partners, LLC, agrees that the Site shall be developed and
improved in accordance with the provisions of the Agreement and the plans, drawings, and
related documents approved by the Agency and!or City of Temecula pursuant hereto. The
Developer shall work with the staff to coordinate the overall design, architecture and color of the
improvements to be constructed on the Site.
B. Construction of the Improvements
The Developer shall construct a four story mixed-use building consisting of
twenty four (24) affordable housing units and 4980 square feet of commercial/retail space. The
affordable units will consist of 18 one bedroom units @ 597 square feet and six (6) two bedroom
units @ 735 square feet. The commercial/retail space will be located on the first floor and the
affordable units located on the second through fourth floor.
C. Architecture and Design
The Development shall be of high architectural quality, including landscaping,
and shall be effectively and aesthetically designed, and shall adhere to the Old Town Specific
Plan Design Guidelines. The shape, scale of volume, and exterior finish of the building must be
visually related to the adjacent buildings within the neighborhood. The building shall be
developed with the number of parking spaces approved by the Agency.
D. Applicable Codes
The Developer's improvements shall be constructed in accordance with the
UniformBuilding Code and the City of Temecula Ordinances and! or Municipal Code.
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C-l
EXHIBIT "D"
FORM OF CERTIFICATE OF SATISFACTION OF
CONSTRUCTION OBLIGATIONS
Recording Requested by and
When Recorded Return to:
CERTIFICATE OF SATISFACTION OF CONSTRUCTION OBLIGATIONS
_ day of
This Certificate of Satisfaction of Construction Obligations is given this
, 20_, with reference to the following matters:
A. The REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA, a public body corporate and politic (the "Agency") and
(the "Developer") entered
into a certain Owner Participation Agreement dated as of , 2005 (the
"Agreement"), which Agreement provides, in Section 2.13 thereof, that the Agency shall furnish
the Developer with a Certificate of Satisfaction of Construction Obligations upon satisfactory
completion of the Improvements (as described in the Agreement) on the real property described
therein as the Site (the "Site"), which certificate shall be in such form as to permit it to be
recorded in the Recorder's Office of Los Angeles County; and
B. The Certificate of Satisfaction of Construction Obligations shall be
conclusive determination of satisfactory completion of the construction Improvements required
with respect to the Site and satisfied the obligations of the Agreement; and
C. The Agency has determined that the construction of the
Improvements has been satisfactorily performed and the obligations of the Agreement satisfied;
and
NOW, THEREFORE, the parties to this instrument hereby provide as
follows:
1. As provided in the Agreement, the Agency does hereby certify that
the construction of the Improvements on the Site has been satisfactorily performed and
completed and the obligations of the Agreement satisfied.
2. This Certificate of Satisfaction of Construction Obligations shall
not constitute evidence of compliance with or satisfaction of any obligation of the Developer to
any holder of a mortgage, or deed of trust or any insurer of a mortgage, or deed of trust securing
money loaned to finance the improvements or any part thereof, nor does it constitute evidence of
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D-l
payment of any promissory note or performance of any deed of trust provided by the Developer
to the Agency under the Agreement or otherwise.
REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA
a public body, corporate and politic
By:
Name:
ATIEST:
Secretary
STATE OF CALIFORNIA
COUNTY OF
)
)
) S.S.
On , 20_, before me, a Notary
Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature
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D-2
LOAN AGREEMENT
LOAN AGREEMENT
This LOAN AGREEMENT (this "Loan Agreement") is made and entered into
effective as of May 11, 2005 (the "Effective Date"), by and between the REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency"),
and the D' ALTO PARTNERS, LLC, a California limited liability company ("Borrower").
RECIT ALS
A. Pursuant to that certain Owner Participation Agreement dated as of May 10, 2005
between Agency and Borrower (the "OPA"), Agency has agreed to provide financial assistance
to Borrower for construction of certain improvements on that certain land located in the
Temecula Redevelopment Project Area No. 1988-1 (the "Project Area"), in the City of
Temecula, County of Riverside, State of California that is more particularly described in
Exhibit "A" attached hereto (the "Property") that are to be used for affordable rental housing for
lower income persons and families.
B. The purpose of this Loan Agreement is to further the Agency's affordable housing
goals in the City of Temecula (the "City") by facilitating the construction of eighteen (18) one-
bedroom and six (6) two-bedroom apartments (each, a "Unit" and collectively, the "Units") on
the Property (the "Project") and thereby increase the supply of affordable housing in the City.
C. The Agency desires to lend to the Borrower, and the Borrower agrees to borrow
from the Agency, $3,000,000 from the Agency's affordable housing set aside funds for
construction of the Project which will be disbursed in accordance with Section 6 of this Loan
Agreement.
D. The Project is in the best and vital interests of Agency and the City, and the
health, safety and welfare of the residents and taxpayers in the City, and is in accord with the
public purposes and provisions of applicable state and local laws. Completion of the Project will
eliminate significant blight in the community as required by the Housing Element of the General
Plan and the Redevelopment Implementation Plan for the Project Area.
NOW, THEREFORE, THE AGENCY AND THE BORROWER AGREE AS
FOLLOWS:
1. Fundamental Provisions.
(a) Amount of Loan: $3,000,000.
(b) Borrower's Address for Notices:
D'ALTO PARTNERS. LLC
41640 Coming Place
Munieta. CA 92562
Attn: Mr. Bill and Todd Dalton
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2. Loan Agreement.
(a) Agency hereby agrees to lend to Borrower, and Borrower agrees to
borrow, on the terms and conditions set forth herein, the amount set forth in Section l.(a), above
(the "Loan"). The Loan shall also include any additional advances made by the Agency in
connection with the Project (including improvements on which the Project is to be located and
any and all costs of curing defaults under the loan(s) for such improvements) in excess of the
amount set forth in Section l(a) above. The Loan to Borrower shall be evidenced by and
conditioned upon Borrower's execution of the OPA and: (i) this Loan Agreement; (ii) a
promissory note in form and substance acceptable to the Agency in the Agency's sole and
absolute discretion (the "Promissory Note"); (iii) a Regulatory Agreement; (iv) a Construction
Deed of Trust, Security Agreement and Fixture Filing (with Assignment of Rents) (the "Deed of
Trust"); and (v) such other documents relating to the Loan as the Agency may require in the
Agency's sole and absolute discretion (collectively, the "Loan Documents").
(b) The Loan shall not bear interest except as may be provided
otherwise in the Note. The entire outstanding principal balance shall be forgiven upon the fifty-
fifth (55th) anniversary of the date of the Promissory Note provided on Event of Default by
Borrower has not occurred under this Loan Agreement or the OP A.
(c) The Loan may be prepaid, in whole or in part, without penalty.
Borrower shall have no right to re-borrow any such prepaid amounts.
3. Use of Proceeds. Borrower shall use the Loan for the sole purposes of
developing and constructing the improvements (the "Improvements") described in Exhibit "B"
attached hereto (the "Scope of Development").
4. Cost Breakdown. Borrower has delivered to Agency a cost breakdown for
the Improvements ("Improvements Cost Breakdown") showing the costs of the Improvements
for which the Agency's Loan will be used ("Improvement Costs"). Borrower shall further
promptly identify whether any funds will be used for the payment of architects fees, labor,
materials, subcontracts, or other services to principals or affiliates of Borrower; for purposes
hereof, "affiliates of Borrower" shall include, without limitation, the principals, members and
partners of the Borrower, their respective shareholders and family members, and any other entity
controlled by, controlling or under common control with the Borrower. Borrower has also
delivered to the Agency a cost breakdown for the Project and any improvements on which the
Project is to be constructed or located (the "Cost Breakdown"). Borrower further promptly
deliver to the Agency copies of the final plans and specifications for the Improvements in
sufficient detail to allow the Agency to confirm that the undisbursed funds available for
construction of the Improvements (from the Agency and the Borrower's other construction
lender) are sufficient to complete the Improvements and any other improvements on which the
Project is to be constructed or located.
5. Conditions to Closing. As a condition precedent to the Agency's Loan,
Borrower shall satisfy all other conditions to closing in the OP A.
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6. Disbursement Procedures. Provided the conditions to closing have been
satisfied and Borrower is not in default under this Loan Agreement or the OPA, Agency, or its
authorized agents, shall disburse the $3,000,000 of the Loan proceeds to the Borrower's primary
construction lender pursuant to an "intercreditor agreement" acceptable to and executed by the
Agency which provides for disbursement of the proceeds of the Agency Loan and the senior
construction loan to Borrower's contractors subject to normal construction disbursement
conditions. Such "intercreditor agreement" must provide that Agency may direct the Borrower's
construction lender not to disburse Loan proceeds upon a default by Borrower under the
Borrower's other construction loan or upon a determination by Agency in good faith that the
undisbursed amount of the Loan, plus undisbursed sums of the Borrower's other construction
loan for the Improvements, are not sufficient to pay for all hard and soft costs of the
Improvements.
7. Construction ReDorts. Borrower agrees to deliver (or cause to be
delivered) to Agency and any party designated by the Agency, a monthly project summary report
on or before the 10th day of each calendar month detailing the status of the Project, including
percentage of completion by phase and budget category, percentage of funds expended to date
(including sums for which reimbursement is being sought), description of third party defaults,
and any deviations in budget or time schedules.
8. ComDletion of Construction. Borrower agrees to commence and complete
construction of the Project in accordance with the Schedule of Performance attached to the OPA.
9. Mechanic's Liens. In the event of the filing of a lien notice or the
recording of a mechanic's lien pursuant to applicable law of the State of California relating to
works of improvement upon real property, Agency may summarily refuse to honor any requests
for payment pursuant to this Loan Agreement until Borrower furnishes to Agency either a release
or a bond causing such notice or lien to be released. If the Borrower fails to accomplish such
release within ten (10) days after Agency gives Borrower a written request to do so, such failure
shall at the option of Agency constitute an Event of Default under this Loan Agreement.
10. StoD Notices. In the event of the filing with the Agency of a stop notice or
the recording of a mechanic's lien pursuant to Title 15, Part 4, Division 3 of the Civil Code of
the State of California relating to works of improvement upon real property, the Agency may
withhold from any disbursement pursuant to this Loan Agreement an amount equal to one and
one-half times the amount of the stop notice or lien until such time as Borrower furnishes the
Agency a bond causing such notice or lien to be released.
11. Diligence in Construction. Borrower shall diligently pursue the
completion of the Improvements in accordance with the plans and specifications therefore in a
good and workmanlike manner, and with all requirements of all governmental authorities having
or asserting jurisdiction with respect thereto, and shall pay the cost thereof. Borrower shall
comply with all applicable federal, state and local laws, statues, rules and regulations in
connection with construction of the Improvements.
12. Construction ComDliance. The construction and completion of the
Improvements shall be in accordance and compliance with all plans and specifications approved
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by the Agency under the OPA, and shall comply with all applicable governmental restrictions
and covenants, conditions, restrictions and easements of record. The Agency and the Agency's
agents shall have the right at all times to enter upon the Property during the period of
construction to inspect the Improvements, and, if the Agency reasonably determines that the
work is not in conformance with the plans and specifications and the terms of this Loan
Agreement, the Agency shall have the right to stop the work and order its replacement whether
or not the unsatisfactory work has theretofore been incorporated in the Improvements, and to
cause the construction lender to withhold all further disbursements until such work is
satisfactory; and if the work is not made satisfactory to the Agency within fifteen (15) calendar
days from the date of stoppage by the Agency, such failure to do so shall constitute a default by
the Borrower under the terms of this Loan Agreement; provided, however, that if the nature of
the correction is such that correction requires more than fifteen (15) calendar days to correct,
then no default shall exist if, within such IS-day period, Borrower commences such correction
and pursues correction diligently to completion thereafter. Borrower agrees that the Agency is
under no obligation to construct or supervise construction of the Improvements and that any
inspection by the Agency of the Improvements is for the sole purpose of protecting the Agency
and is not to be construed as an acknowledgment, acceptance or representation by the Agency
that there has been compliance with any plans approved pursuant to this Loan Agreement, or that
the Improvements are free of defects or of faulty materials or workmanship. Borrower shall
make or cause to be made such other inspections as Borrower may desire for Borrower's own
protection.
13. Agencv's Remedies. If the Agency should, pursuant to any express
provision of the Loan Documents, if any, or in the exercise of the Agency's rights provided by
law, cure any default of a mortgage, pay any taxes that are delinquent, or expend any other sums
to protect the Agency's security interest in the Property and Improvements, as provided in the
Loan Documents or otherwise, such expenditures shall at the Agency's option be charged against
the Agency's disbursement obligations as advances on the Loan, or shall be considered
additional advances thereunder.
14. Notice of Completion. Borrower shall, upon the reasonable request of the
Agency, sign and file for record any notices of completion, notices of cessation of labor or any
other notice or written document that the Agency may deem necessary to file or record to protect
the Agency's security or interests hereunder.
15. No Liabilitv to Contractors. The Agency shall in no way be liable for any
act or omission of Borrower, the architect, general contractor, any subcontractor, any agent of
any of them, or any person furnishing labor and/or materials used in or related to such
construction. The Borrower shall indemnify, defend, protect and hold harmless the Agency on
account of any claims that may be made against the Borrower by the architect, general
contractor, any subcontractor, any agent of any of them, or any person furnishing labor and/or
materials used in or related to such construction, or any third party on account of any work
peIformed or materials provided by any of them.
16. Preliminary Notices. Borrower agrees that copies of all preliminary
notices delivered pursuant to Section 3097 of the California Civil Code (a) to Borrower and (b)
to the Property, addressed to the Temecula Redevelopment Agency, the City of Temecula,
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"Lender," or "Construction Lender," shall be promptly delivered to the Agency. Borrower
further agrees that the Agency and the Agency's agents shall have the right at all times to enter
upon the Property and post such notices and other written or printed material thereon as the
Agency may deem necessary or desirable for its protection as a lender.
17. Hazardous Materials. Borrower shall not release or permit the release of
any Hazardous Material into, onto, beneath or from the Property, and any such release of any
Hazardous Material into, onto, beneath or from the Property shall be an Event of Default
hereunder. The Agency shall have the right to suspend any disbursement of Loan proceeds
hereunder upon a reasonable belief of such a present release by, or permitted by, Borrower, of
any Hazardous Material into, onto, beneath or from the Property. The Agency may, upon
reasonable notice, enter and inspect the Property for the purpose of determining the existence,
location, nature and magnitude of any past or present release of any Hazardous Material into,
onto, beneath or from the Property upon a reasonable belief of the existence of a past or present
release or threatened release of any Hazardous Material into, onto beneath or from the Property.
Hazardous Materials are defined in Exhibit "D" attached hereto and incorporated by reference
herein.
18. Insurance. Until the repayment or forgiveness of the principal and interest
under the Note and the satisfaction of Borrower's obligations under this Loan Agreement,
Borrower shall comply with the following.
(a) Borrower shall obtain and maintain at no cost or expense to
Lender, with a reputable and financially responsible insurance company reasonably acceptable to
Lender, both commercial broad fonn general public liability insurance, (insuring against claims
and liability for bodily injury, death, or property damage arising from the construction, use,
occupancy, condition, or operation' of the Project) and automobile liability insurance. Such
general public liability insurance and automobile insurance shall each provide combined single
limit protection of at least $2,000,000. Such insurance policy(s) shall name the City and the
Agency and their elected officials, council members, board members, officers, employees,
consultants, independent contractors, attorneys and servants as additional insureds.
(i) Before commencement of any work by Borrower on any
portion of the Property, Borrower shall obtain and maintain in force until completion of such
work (i) "all risk" builder's risk insurance with a combined single limit of at least $2,000,000,
including coverage for vandalism and malicious mischief, in a fonn and with a company
reasonably acceptable to the Lender, and (ii) workers' compensation insurance covering all
persons employed by Borrower in connection with work on the Project, or any portion thereof.
Such builder's risk insurance shall cover improvements in place and all material and equipment
at the job site furnished under contract, but shall exclude contractors', subcontractors', and
construction managers' tools and equipment and property owned by contractors' and
subcontractors' employees.
(ii) Borrower shall also furnish or cause to be furnished to the
Lender evidence satisfactory to the Lender that any contractor with whom it has contracted for
the perfonnance of work on the Property or otherwise pursuant to this Agreement carnes
workers' compensation insurance as required by law.
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(iii) With respect to each policy of insurance required above,
Borrower and each of Borrower's general contractors shall furnish to the Lender an insurance
certificate on the insurance carrier's form setting forth the general provisions of the insurance
coverage (as well as a copy of each insurance policy promptly upon receipt by Borrower). The
required certificate shall be furnished by Borrower prior to commencement of the Project.
(iv) All such policies required by this Section shall be issued by
responsible insurance companies licensed to do business in California with an A.M. Best's rating
of no less than A:VID, be primary and noncontributing, shall be nonassessable and shall contain
language to the effect that (i) the policies cannot be canceled or materially changed except after
thirty (30) days' written notice by the insurer to the Lender by certified mail, and (ii) the Lender
shall not be liable for any premiums or assessments. All such insurance shall have deductibility
limits which shall be commercially reasonable.
(v) Each policy of insurance required above shall include a
waiver by the insurer of all rights it may have to be subrogated to rights against Lender (or its
elected officials, council members, board members, officers, employees, agents and
representatives) in connection with any insured loss, and Borrower hereby waives any rights it
may have against such persons or entities in connection with matters covered by insurance.
(vi) Borrower represents and warrants that it has provided a
copy of this Loan Agreement to its insurers and that the insurers are aware of all of the
obligations of Borrower under this Loan Agreement.
19. Representations and Warranties. Borrower makes the following
representations and warranties as of the date of this Loan Agreement and agrees that such
representations and warranties shall survive and continue after the Loan is paid:
(a) Authority. Borrower has complied with all laws and regulations
concerning Borrower's organization, existence and transaction of business. Borrower has the
right and power to own and develop the Property and Improvements thereon as contemplated in
the Loan Documents. Borrower has, or at all appropriate times shall have properly obtained, all
permits, licenses and approvals necessary to construct, occupy and operate the Improvements on
the Property and in so doing has, or shall have (as appropriate), substantially complied with the
plans and specifications for construction and all other applicable statutes, laws, regulations and
ordinances.
(b) Enforceability. Borrower has full right, power and authority to
execute and deliver the Loan Documents and to perlorm the undertakings of Borrower contained
in the Loan Documents. The Loan Documents constitute valid and binding obligations of
Borrower which are legally enforceable in accordance with their terms, subject to the laws of
bankruptcy, creditor's rights exceptions, and equity.
(c) No Breach. To the best of Borrower's knowledge, none of the
undertakings of Borrower contained in the Loan Documents violates any applicable statute, law,
regulation or ordinance or any order or ruling of any court or governmental entity, or conflicts
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with, or constitutes a breach or default under, any agreement by which Borrower is, or the
Property and Improvements thereon are, bound or regulated.
(d) Financial Information. To the best of Borrower's knowledge, all
financial information delivered to the Agency by Borrower, including, without limitation,
information relating to Borrower, the Property, and the Improvements thereon, fairly and
accurately represents such financial condition. No material adverse change in such financial
condition has occurred.
(e) Proceedine:s. To the best of Borrower's knowledge, Borrower is
not in violation of any statute, law, regulation or ordinance, or of any order of any court or
governmental entity. Borrower has no actual knowledge of any claims, actions or proceedings
pending or threatened against Borrower or affecting the Property or Improvements that are not
covered by insurance, other than those disclosed to the Agency in writing.
(0 Accuracv. To the best of Borrower's knowledge, all documents,
reports, instruments, papers, data, information and forms of evidence delivered to the Agency by
Borrower with respect to the Loan are accurate and correct, are complete insofar as completeness
may be necessary to give the Agency true and accurate knowledge of the subject matter thereof,
and do not contain any material misrepresentation or omission. The Agency may rely on such
reports, documents, instruments, papers, data, information and forms of evidence without any
investigation or inquiry, and any payment made by the Agency in reliance thereon shall be a
complete release in the Agency's favor of all sums so paid.
(g) Adeauacv of Loan Funds. The sum of the Loan, combined with
the additional construction financing which Borrower is obligated to obtain from a commercial
lender and/or reserves, is not less than the amount necessary to complete the Improvements and
all improvements on which the Improvements are to be located.
(h) Taxes. Borrower has filed all federal, state, county and municipal
tax returns required to have been filed by Borrower and has paid all taxes which have become
due pursuant to such returns or to any notice of assessment received by Borrower. Borrower has
no knowledge of any basis for additional assessment with respect to such taxes.
(i) Utilities. To the best of Borrower's knowledge, all utility services
necessary for the development and the occupancy of the Property, including without limitation
gas, water, sewage, electrical and telephone, are available at or within the boundaries of the
Property or all steps necessary to assure that such utility services will be available upon
completion of the Improvements have been taken by Borrower.
G) Impairment of Securitv. No materials, equipment. fixtures,
carpets, appliances, or any other part of the Improvements shall be purchased or installed under
conditional sales agreements, leases, or under other arrangements wherein the right is reserved or
accrues to anyone to remove or to repossess any such items. This paragraph shall not be
construed to prohibit the leasing of tools used for construction of the Improvements.
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20. Default of Borrower.
(a) Events of Default. The occurrence of any of the following shall
constitute an Event of Default by Borrower hereunder.
(i) Borrower's failure to pay by the due date any sums or
amounts due the Agency under this Loan Agreement, the Promissory Note, the Deed of Trust,
the Regulatory Agreement, or any other Loan Document that is not cured within five (5) days
after written notice from Agency;
hereunder;
(ii) Borrower's breach of any warranty or representation
(iii) Borrower's breach or default under any of the Loan
Documents that is not otherwise described in this Section and failure to cure the same after
notice and within the time period described in Section 6.1 of the OP A;
(iv) The occurrence of an Event of Default under the OPA.
(v) The failure to deliver a monthly progress report under
Section 7 of this Loan Agreement and failure to cure such failure within five (5) business days
after written notice from the Agency.
(vi) Any other act, omission or event which is described as an
"Event of Default" elsewhere in this Loan Agreement, the OP A or in any other Loan Document.
(b) Remedies. In addition to any other remedies available to Agency
at law and equity: (i) Agency may terminate this Loan Agreement; (ii) Borrower shall be liable
to Agency for any damages caused by such default, and Agency may thereafter commence an
action for damages against Borrower with respect to such default; (iii) Agency may, at Agency's
option, commence an action for specific performance of the terms of this Loan Agreement or any
other agreement between Borrower and Agency pertaining to such default; (iv) all sums
disbursed or advanced by Agency shall, at the option of Agency, immediately become due and
payable; (v) the Agency shall be released from any and all further obligations to Borrower under
the terms of this Loan Agreement; and (vi) Agency shall have the right to obtain the appointment
of a receiver for the Project and related improvements upon exparte motion; and/or (vii) Agency
may foreclose the Deed of Trust judicially (if a deficiency is sought) or nonjudicially. Agency's
rights and remedies under this Loan Agreement include, without limitation, recovery of improper
disbursements and overpayments, or reduction of payments and termination of this Loan
Agreement.
21. No Waiver: Remedies Cumulative. No disbursement of Loan proceeds
shall constitute a waiver of any conditions to the Agency's obligation to make further
disbursements nor, in the event Borrower is unable to satisfy any such conditions, shall any such
waiver have the effect of precluding the Agency from thereafter declaring such inability to
constitute a default under this Loan Agreement. No disbursement of proceeds based upon
inadequate or incorrect information shall constitute a waiver of a right to receive a refund
thereof. No failure or delay on the part of the Agency in the exercise of any power, right or
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privilege hereunder or under any of the other Loan Documents shall impair such power, right or
privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any
single or partial exercise of any such power, right or privilege preclude any other or further
exercise thereof or of any other right, power or privilege. All rights and remedies existing under
this Loan Agreement or the other Loan Documents are cumulative to and not exclusive of any
rights or remedies otherwise available. The Agency's acceptance of less than the entire amount
due for any payment on the Promissory Note shall not constitute a waiver by the Agency to
thereafter demand the entire amount due.
22. Disbursements in Excess of Maximum Loan Amount.
total disbursements by the Agency exceed the maximum Loan amount,
disbursements shall be secured by the applicable Loan Documents.
23. Empowerment of Agencv. Borrower does hereby irrevocably appoint,
designate, empower and authorize the Agency as Borrower's agent, coupled with an interest, to
sign and file for record any notice or written document that the Agency may deem necessary to
file or record to protect the Agency's security or interests hereunder.
In the event the
the total of all
24. Borrower's Indemnitv of Agencv and Citv. Borrower hereby agrees to,
and shall defend (with counsel approved by the Agency), indemnify and hold Agency, the City
and their Representatives harmless from and against all claims, liabilities, losses, damages, costs,
expenses, or liabilities, including attorneys' fees and court costs, arising from, in connection
with, or in any way resulting from (i) Borrower's breach of this Loan Agreement or any of the
Loan Documents, (ii) Borrower's negligence or intentional misconduct with respect to the
Property or the Improvements or the subject matter hereof, or (iii) the construction of the
Improvements, including without limitation, any act or omission of Borrower, the general
contractor, the architect, any agent of any of them, or any person furnishing labor and/or
materials used in or related to such construction. Agency shall have no liability whatsoever for
any acts or omissions of Borrower or its architects, contractors, or agents, or anyone of them, or,
any other person furnishing services, labor and/or material to Borrower in connection with the
Property.
25. Assil!Ilment of Agreement and Transfer. No assignment or transfer,
voluntary or involuntary, may be made of this Loan Agreement or of any right hereunder, and no
attempted transfer shall be binding upon or in any way affect the Agency without the Agency's
prior written consent, which may be withheld in the Agency's sole and absolute discretion.
Borrower acknowledges that the identity of Borrower is of particular concern to Agency, and it is
because of Borrower's identity that Agency has entered into this Loan Agreement with
Borrower. No voluntary or involuntary successor in interest of Borrower shall acquire any rights
or powers under this Loan Agreement. In the event of an assignment or transfer that is not
approved by the Agency, the Agency shall have the right to declare the entire principal balance
of the Loan and all accrued interest, if any, immediately due and payable.
26. Governing Law: Venue. The laws of the State of California shall govern
the interpretation and enforcement of this Loan Agreement. Any action must be instituted in
either the Superior Court of the County of Riverside, State of California, or in an appropriate
court in that County.
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27. Obligation to Refrain from Discrimination.
(a) There shall be no discrimination against or segregation of any
person, or group of persons, on account of sex, marital status, age, handicap, race, color, religion,
creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Property, and Borrower (itself or any person claiming under or through
Borrower) shall not establish or pennit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees, or vendees thereof or any portion thereof.
(b) Borrower shall refrain from restricting and shall cause each Unit
owner to refrain from restricting the rental, sale or lease of the Property or any portion thereof,
on the basis of sex, sexual orientation, age, handicap, marital status, race, color, religion, creed,
ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be
subject to substantially the following nondiscrimination or nonsegregation clauses which shall be
recorded as covenants, conditions and restrictions of the Property:
(i) In deeds: ''The grantee herein covenants by and for
himself, his heirs, executors, administrators and assigns, and all persons claiming under or
through him, that there shall be no discrimination against or segregation of, any person or group
of persons on account of sex, sexual orientation, marital status, race, age, handicaps color,
religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or 'any person
claiming under or through him, establish or pennit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing
covenants shall run with the land."
(ii) In leases: ''The lessee herein covenants by and for himself,
his heirs, executors, administrators and assigns, and all persons claiming under or through him,
and this lease is made and accepted upon and subject to. the following conditions:
'That there shall be no discrimination against or segregation of any
person or group of persons on account of sex, sexual orientation, marital
status, race, age, handicap, color, religion, creed, national origin or
ancestry, in the leasing, subleasing, transfening, use, or enjoyment of the
land herein leased, nor shall the lessee himself, or any person claiming
under or through him, establish or pennit any such practice or practices of
discrimination or segregation with reference to the selection, location,
number, use or occupancy, of tenants, lessees, sub lessees, subtenants or
vendees in the land herein leased. '"
(iii) In contracts relating to the sale or transfer of the Property
or any interest therein: ''There shall be no discrimination against or segregation of any person or
group of persons on account of sex, sexual orientation, marital status, race, age, handicap, color,
religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or
11087-0018/818833v1
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through him, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy, of tenants, lessees,
subtenants, sublessees or vendees of the land."
28. Severability. If any term or provision of this Loan Agreement or the
application thereof shall to any extent be held to be invalid or unenforceable by a court of
competent jurisdiction, the remainder of this Loan Agreement, or the application of such term or
provision to circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby, and each term and provision of this Loan Agreement shall be valid and shall
be enforced to the extent permitted by law.
29. Notices. All notices, demands or other communications under this Loan
Agreement and the other Loan Documents shall be given in writing by certified or registered
mail, postage prepaid, and return receipt requested, by personal delivery or by a nationally
recognized overnight courier, addressed to the parties as follows (provided that if any party gives
notice in writing of a change of name or address, notices to such party shall thereafter be given
as demanded in that notice):
To Agency:
Temecula Redevelopment Agency
43200 Business Park Drive
Temecula, CA 92590
Telephone: (909) 694-6444
Telecopier: (909) 694-1999
Attention: Executive Director
With a copy to:
Richards, Watson & Gershon
355 South Grand Avenue, 40th Aoor
Los Angeles, CA 90071-3101
Attention: Peter M. Thorson, Esq.
Telephone: (213) 626-8484
Telecopier: (213) 626-0078
To Borrower:
At the address set forth in Section 1 (b), above.
Notices shall be considered given upon the earlier of (a) personal delivery; (b) two (2) business
days following deposit in the United States mail, postage prepaid, certified or registered, return
receipt requested; or (c) one (1) business day following deposit with a nationally recognized
overnight courier.
30. Litigation. If either party shall be or shall become a party to any legal
proceedings instituted primarily against the other party (as determined by the trier of fact) in
connection or arising out of the Improvements and/or the Property, or in the event of any dispute
between the parties hereto arising out of this Loan Agreement, the losing party (as determined by
the trier of fact) shall pay to the prevailing party (as determined by the trier of fact) all sums paid
or incurred by the prevailing party as costs and expenses in the legal proceedings, including but
not limited to actual attorneys' fees and costs.
lI087-0018l818833vl
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31. Successors and Assigns. Subject to the tenus and conditions of Section 26
hereof, this Loan Agreement shall be binding upon the parties hereto, their heirs, successors and
assigns, and may be amended, altered, revoked, modified or waived, in whole or in part, only by
an instrument in writing signed by Borrower and Agency. If more than one person executes this
Loan Agreement as Borrower, the obligations of each of such persons hereunder shall be joint
and several obligations.
32: Time of Essence. Time is of the essence of this Loan Agreement and of
each and every provision hereof.
33. Warranty Against Pavment of Consideration for this Loan Al!1"eement.
Borrower warrants that Borrower has not paid nor given, and will not pay nor give, any third
party any money or other consideration for obtaining this Loan Agreement.
34. Nonliability of Agencv Officials and Emoloyees. No member, official or
employee of Agency shall be personally liable to Borrower or any successors in interest in the
event of any default or breach by Agency or for any amount which may become due to Borrower
or Borrower's successors or on any obligations under the tenus of this Loan Agreement.
35. No Third Party Beneficiaries. This Loan Agreement is made for the sole
protection of Agency and Borrower and their respective pennitted successors and assigns, and no
other person or persons shall have any right of action hereon, nor should any laborer,
materialman, subcontractor, or other third party rely upon the funds deposited hereunder as a
source of payment for work done or labor and/or materials supplied in respect to the
Improvements contemplated hereunder or otherwise, notwithstanding any representation to the
contrary made by Borrower, the general contractor or any other person. This Loan Agreement
and the other Loan Documents contain all of the tenus and conditions agreed to by Borrower,
and no other agreement regarding the subject matter of this contract, unless it is in writing and
signed by Agency and Borrower, shall be deemed to exist or to bind any party hereto.
36. Agency Aooroval. Unless specifically provided for herein, the Agency's
approval, including, without limitation, approval of the fonu of the Loan Documents and of
amendments to this Loan Agreement, shall be satisfied by the approval of the Agency's
Executive Director.
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IN WITNESS WHEREOF, the parties hereto have entered into this Loan
Agreement as of the day and year first above written.
Attest:
"AGENCY":
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic
Print Name:
Title:
Ron Roberts
Temecula Redevelopment Agency Chairperson
APPROVED AS TO FORM:
Richards, Watson & Gershon,
a professional corporation
Bruce Galloway
"BORROWER":
D'ALTO PARTNERS, LLC,
a California limited liability company
By:
William R. Dalton,
Member
By:
Todd W. Dalton,
Member
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lI087-0018/818833vl
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
[Attached]
A-I
Old: 816661vl New: 816661v2
LEGAL DESCRIPTION
PARCEL A
LOTS 13 AND 14 BLOCK 22, S.D. TOWN OF TEMECULA TRACT, IN THE CITY
OF TEMECULA, AS PER MAP RECORDED IN BOOK 15, PAGE 726 SAN DIEGO
COUNTY RECORDS.
"LEGAL DESCRIPTION"
PARCEL B
LOTS 9, 10, 11 AND 12 IN BLOCK 22 IN THE TOWN OF TEMECULA, IN THE
CITY OF IEMECULA COUNTY OF RIVERSIDE, ST A IE OF CALIFORNIA, AS
SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN
DIEGO COUNTY. APN #922-024-012-4.
EXHIBIT "8"
IMPROVEMENTS
A. General
The site consists of property located on the north side of 5th Street in the City of
Temecula. The Total site is approximately 21,000 square feet, with the proposed total building
area of 27,445 square feet.
The Developer, D' Alto Partners, LLC, agrees that the Site shall be developed and
improved in accordance with the provisions of the Agreement and the plans, drawings, and
related documents approved by the Agency and!or City of Temecula pursuant hereto. The
Developer shall work with the staff to coordinate the overall design, architecture and color of the
improvements to be constructed on the Site.
B. Construction of the Improvements
The Developer shall construct a four story mixed-use building consisting of
twenty four (24) affordable housing units and 4980 square feet of commercial/retail space. The
affordable units will consist of 18 one bedroom units @ 597 square feet and six (6) two bedroom
units @ 735 square feet. The commercial/retail space will be located on the first floor and the
affordable units located on the second through fourth floor.
C. Architecture and Design
The Development shall be of high architectural quality, including landscaping,
and shall be effectively and aesthetically designed, and shall adhere to the Old Town Specific
Plan Design Guidelines. The shape, scale of volume, and exterior finish of the building must be
visually related to the adjacent buildings within the neighborhood. The building shall be
developed with the number of parking spaces approved by the Agency.
D. Applicable Codes
The Developer's improvements shall be constructed in accordance with the
UniformBuilding Code and the City of Temecula Ordinances and! or Municipal Code.
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EXHIBIT "C"
COST BREAKDOWN
[Including Loan Budget and budget for all other improvements to be constructed as the
Property, showing sources offunds; attached.]
11087-oo181818833v I
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EXHIBIT C
COST BREAKDOWN
DALTON MIXED.USE BUILDING
CITY OF TEMECULA
I. Uses
Acquisition Costs
$435,000
Direct Costs
Off-Sites
On-Sites/Landscaping/Parking
Shell Construction
Tenant Improvements - Commercial
Contingency
Total Direct Costs
$45,000
$67,000
$4,536,000
$217,000
$250.000
$5,115,000
Indirect Costs
Architecture & Engineering
Permits & Fees (1)
Taxes & Insurance
Legal & Accounting
Developer Fee
Marketing/Lease-Up
Contingency
Total Indirect Costs
$240,000
$549,000
$50,000
$45,000
$0
$0
$40.000
$924,000
Financing Costs
Loan Fees
Interest During Construction
Interest During Lease-Up
Total Financing Costs
$9,000
$110,000
$20.000
$139,000
Total Development Costs
$6,613,000
II. Sources
Developer Sources (Debt/Equity)
Agency Loan
Total Sources
$3,613,000
$3.000.000
$6,613,000
(1) Estimate; not verified by City of Temecula.
Exhibit "D"
DEFINITION OF HAZARDOUS MATERIALS
"Environmental Laws" means all federal, state, local, or municipal laws, rules, orders,
regulations, statutes, ordinances, codes, decrees, or requirements of any government authority
regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous
Material (as later defined), or pertaining to occupational health or industrial hygiene (and only to
the extent that the occupational health or industrial hygiene laws, ordinances, or regulations
relate to Hazardous Materials on, under, or about the Property), occupational or environmental
conditions on, under, or about the Property, as now or may at any later time be in effect,
including without limitation, the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA) [42 USCS ~ 9601 et seq.]; the Resource Conservation and
Recovery Act of 1976 (RCRA) [42 USCS ~ 6901 et seq.]; the Clean Water Act, also known as
the Federal Water Pollution Control Act (FWPCA) [33 USCS ~ 1251 et seq.]; the Toxic
Substances Control Act (TSCA) [15 USCS ~ 2601 et seq.]; the Hazardous Materials
Transportation Act (HMTA) [49 USCS ~ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide
Act [7 USCS ~ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS
~ 6901 et seq.]; the Clean Air Act [42 USCS ~ 7401 et seq.]; the Safe Drinking Water Act [42
USCS ~ 300f et seq.]; the Solid Waste Disposal Act [42 USCS ~ 6901 et seq.]; the Surface
Mining Control and Reclamation Act [30 USCS ~ 1201 et seq.]; the Emergency Planning and
Community Right to Know Act [42 USCS ~ 11001 et seq.]; the Occupational Safety and Health
Act [29 USCS ~ 655 and 657]; the California Underground Storage of Hazardous Substances Act
[H & S C ~ 25280 et seq.]; the California Hazardous Substances Account Act [H & S C ~ 25300
et seq.]; the California Hazardous Waste Control Act [H & S C ~ 25100 et seq.]; the California
Safe Drinking Water and Toxic Enforcement Act [H & S C ~ 24249.5 et seq.]; the
Porter-Cologne Water Quality Act [Wat C ~ 13000 et seq.] together with any amendments of or
regulations promulgated under the statutes cited above and any other federal, state, or local law,
statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health
or industrial hygiene, and only to the extent that the occupational health or industrial hygiene
laws, ordinances, or regulations relate to Hazardous Materials on, under, or about the Property,
or the regulation or protection of the environment, including ambient air, soil, soil vapor,
groundwater, surface water, or land use.
"Hazardous Materials" includes without limitation:
(a) Those substances included within the definitions of hazardous substance,
hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant in
CERCLA, RCRA, TSCA, HMT A, or under any other Environmental Law;
(b) Those substances listed in the United States Department of Transportation (DOT)
Table [49 CPR 172.101], or by the Environmental Protection Agency (EPA), or any successor
agency, as hazardous substances [40 CPR Part 302];
(c) Other substances, materials, and wastes that are or become regulated or classified
as hazardous or toxic under federal, state, or local laws or regulations; and
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(d) Any material, waste, or substance that is
(i) a petroleum or refined petroleum product,
(ii) asbestos,
(iii) polychlorinated biphenyl,
(iv) designated as a hazardous substance pursuant to 33 uses' 1321 or listed
pursuant to 33 uses S 1317,
(v) a flammable explosive, or
(vi) a radioactive material.
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ITEM 18
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINAr{CE
CITY MANAGER-4J
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City };ouncil
{;f:! (,.A../'
Debbie Ubnoske, Director of Planning
DATE:
May 10, 2005
SUBJECT:
Supplemental Alcoholic Beverage Sale Requirements (PA04-0594)
PREPARED BY:
David Hogan, Principal Planner
RECOMMENDATION: That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULAAMENDING CHAPTERS 17.08, 17.10, AND 17.34
OF THE TEMECULA MUNICIPAL CODE TO REGULATE
LIQUOR STORES AND SIMILAR USES, AND TO FURTHER
CLARIFY OTHER REQUIREMENTS FOR BUSINESSES
SELLING ALCOHOLIC BEVERAGES (PLANNING
APPLICATION 04-0594)
BACKGROUND: The City Council has expressed a concern over the regulation of certain
types of establishments selling alcoholic beverages and the number of liquor stores within the
community. As a result, staff has worked with the Police Department and the City Attorney to
develop supplemental standards for businesses selling alcoholic beverages. During this
process staff has endeavored to develop additional criteria and requirements that will enable the
more stringent control of liquor stores and businesses concurrently selling gasoline and
alcoholic beverages.
The proposed Ordinance will further protect the health, safety and welfare of the community by
adopting a number of supplemental requirements, These supplemental requirements will clarify
which alcohol-selling businesses would require a conditional use permit, establish requirements
to prevent the over-concentration of liquor stores and to establish additional security
requirements, establish more stringent requirements for businesses selling gasoline and
alcoholic beverages, and set locally appropriate criteria for Findings of Public Convenience or
Necessity.
R:\Ordinances\Arcoholic Beverages 2004\Staff Report CC1.doc
1
The proposed Ordinance was presented to the Planning Commission at a public hearing on
April 4, 2005. Following the public hearing, the Commission recommended that the City Council
approve the Ordinance with a few minor additional changes. The additional changes were to
clarify the criteria used to determine when a convenience market is a liquor store, and that
employees involved in the concurrent sale of alcoholic beverages and motor vehicle fuel need to
receive training from the State Alcoholic Beverage Control. A copy of the Planning
Commission's Resolution is contained in Attachment No.2.
Conditional Use Permit Requirements
To provide a more accurate delineation of when businesses require a conditional use permit to
seli alcoholic beverages, several clarifications in Table 17.08.030, the Permitted Uses for
Commercial and Industrial Uses, are being proposed. Specifically, that the following businesses
selling alcoholic beverages would always require a conditional use permit: bars and taverns,
nightclubs, convenience markets, liquor stores, the concurrent sale of aicohol and motor vehicle
fuel, and alcoholic beverage sales in conjunction with an otherwise allowable use (e.g. bowling
alleys and golf courses). Conversely, these proposed changes would also make the
Development Code internally consistent by removing unintended language that appeared to
require grocery stores, drug stores, and discount/department stores to obtain a conditional use
permit to sell alcoholic beverages. Under the proposed amendment, grocery stores, drug
stores, and discount/department stores (such as Target) would not longer be required to obtain
a conditional use permit to sell alcoholic beverages.
Additional Liquor Stores Criteria
The proposed ordinance would also provide more stringent location and operational criteria for
liquor stores. The two key issues of concern with liquor stores are the potential for over-
concentration and the possible secondary effects that could occur with liquor store operations.
To avoid the over-concentration effects, the proposed ordinance would require a 1,000 foot
separation distance between establishments. To begin to address the secondary effects, the
proposed ordinance would require that each establishment have a security plan approved by
the Chief of Police. The security plan would address product location, aisle configuration, point
of sale locations, as well as cameras and other similar monitoring system components.
Concurrent Sale of Gasoline and Alcoholic Beveraqes
In addition, the ordinance would also establish more stringent supplemental requirements for
the concurrent sale of gasoline and alcoholic beverages. These expanded requirements more
closely match the provisions of State Law. The supplemental requirements to avoid problems
with these establishments include the following:
. No beer or wine shall be displayed in close proximity to the cash register or the front
door.
. No sale of alcoholic beverages shall be made from a drive-up window.
. No display or sale of beer or wine shall be made from an ice tub.
. No beer or wine advertising shall be located on the motor fuel islands, building, windows,
doors, or on free-standing signage.
R:\Ordinances\AlcohoJic Beverages 2004\Staff Report CC1.doc
2
. Employees who work between the hours of 10 p.m. and 2 a.m. that are involved in the
sale of beer or wine shall be at least 21 years of age.
. Employees selling alcoholic beverages need to receive training by the State Department
of Alcoholic Beverage Control (additional Planning Commission recommendation).
Findinq of Public Convenience or Necessitv
The Finding of Public Convenience or Necessity that is required by the State of California's
Alcoholic Beverage Control (ABC) has presented a number of challenges for the City. ABC
uses criteria of possible concern for over-concentration based upon an average number of
licenses per census tract. Census tracts are created by the United States Bureau of the Census
and are intended to facilitate the compilation of data gathered during the decennial national
census and commonly use roads, stream channels and other physical features as boundaries.
Because census tracts are not created using local land use patterns or adopted community
plans, the criteria is not considered to be a valid indicator of local land use conditions. As a
result, the Planning Commission is recommending that Findings of Public Convenience or
Necessity be based upon local land use compliance. The proposed factors correspond to the
City's current conditional use permit criteria and include:
. Is the proposed use is consistent with the General Plan and Development Code?
. Is the proposed use compatible with the nature, condition and development of adjacent
land uses?
. Would the proposed use have an adverse effect on adjacent land uses?
. Would the proposed use result in a potentially deleterious concentration of similar uses in
the surrounding area?
Environmental Determination
The Planning Commission also reviewed the Initial Environmental Study that had been prepared
and determined that this proposed ordinance would have no potential to impact the
environment. As a result, the Planning Commission is recommending that the City Council find
that the proposed Ordinance is exempt from review under the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of the CEQA Guidelines. A copy of the Initial
Environmental Study is located in Attachment No.3.
FISCAL IMPACT:
The adoption of this Ordinance will have no fiscal impact.
ATTACHMENTS:
1. Proposed CC Ordinance 05-_
2. PC Resolution No. 2005-21
3. Initial Environmental Study
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc
3
ATTACHMENT NO.1
PROPOSED ORDINANCE
R:\Ordinances\Alcoholic Beverages 2004\Staff Report eel.doc
4
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 17.08, 17.10, AND 17.34
OF THE TEMECULA MUNICIPAL CODE TO REGULATE
LIQUOR STORES AND SIMILAR USES, AND TO FURTHER
CLARIFY OTHER REQUIREMENTS FOR BUSINESSES
SELLING ALCOHOLIC BEVERAGES (PLANNING
APPLICATION 04-0594)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findinqs. The City Council is particularly concerned about the deleterious
secondary impacts that can arise from the over-concentration of liquor stores. Although the
risks of negative secondary effects can arise from any sales facility offering alcoholic beverage,
this City Council finds that the risks of negative secondary effects increase when a sales facility
has, as its sole and primary focus, the sale of a wide range of beverages containing alcohol and
of no other primary consumer product. The secondary effects that have been associated with
such single product genre include, but are not limited to, an increase in public disturbances,
increases in theft crimes, increases in alcohol use related offense and increases in sales of
alcoholic beverages to underage purchasers. For the purposes of minimizing the potential risk
arising from an over-concentration of such users, and to ensure that each liquor store is
operated in a responsible manner that minimizes burdens on the City's police and public safety
and maximizes benefits to the community, the City imposes these further requirements, proof of
which much be expressly determined to exist by the hearing body or officer pursuant to clear
and convincing evidence:
Section 2. Additional Findinqs. The City Council is also concerned that the use of
census tracts to determine the potential for over-concentration of establishments selling
alcoholic beverages does not adequately reflect local land use planning efforts. Census tracts
are created by the United States Bureau of the Census and are intended to facilitate the
compilation of data gathered during the decennial national census. Census tract boundaries are
commonly drawn along roads or are based upon easily observable physical features such as
rivers and streams. The right to control land uses is a fundamental power granted to local
governments by the State of California. The lack of consideration of an adopted general plan
creates a situation where a business selling alcoholic beverages is in an appropriate location, as
determined by the City Council, yet is considered to be potentially inappropriate by the State
Department of Alcoholic Beverage Control. Therefore, the City Council has determined that all
requests for a finding of convenience or necessity shall solely consider local land use planning
and compatibility issues.
Section 3. The City Council of the City of Temecula hereby amends Table 17.08.030 of
the Temecula Municipal Code as shown below.
R:\Ordinances\Alcoholic Beverages 2004\Staff Report eel.doc
5
A. Replace the listing for alcoholic beverage sales with the follows:
Description of Use
Alcoholic beverage sales in conjunction
with an otherwise allowable use (examples
include: bowling alleys, golf courses, and
wine tasting establishments)'
1. Subject to the supplemental development standards contained in Chapter 17.10.
NC
C
CC
C
HT
C
SC
C
PO
C
BP LI
C C
B.
Add the following uses:
Description of Use NC CC HT SC PO BP LI
Convenience market (with the sale of beer C C C C C - -
and wine)
Specialty market C P P P C - -
Wine tasting shop (including product sale C P P P - - -
for off-site consumption)
C.
following:
Replace the listing for restaurants and other eating establishments with the
Description of Use
Restaurants and other eating
establishments (with or without the sale of
beer and wine)
NC
P
CC
p
HT SC PO
P P P
BP LI
P P
D. Modify the listing for nightclub/tavern/bar/dance club/teen club with the following:
Description of Use
Nightclub/tavern/bar/dance club/teen club
NC CC
C
HT SC PO BP LI
C C
Section 4. The City Council of the City of Temecula hereby amends Section
17.1 0.020.B of the Temecula Municipal Code to read as follows:
"B. Alcoholic Beverage Sales.
1. All businesses or establishments offering the sale of alcoholic beverages shall
require the appropriate license from the state of California.
2. All businesses or establishments offering the incidental sale of alcoholic
beverages, in conjunction with an otherwise allowable use shall also require a
conditional use permit. Examples of these types of businesses include: golf
courses, bowling alleys, and other sports and recreation facilities.
R:\Ordinances\Alcoholic Beverages 2004\Staff Report eel.doc
6
3. Businesses selling alcoholic beverages and requiring a conditional use permit
shall not be located within five hundred feet of any religious institution, school, or
public park. This distance shall be measured between the main entrance of the
alcohol selling business and the closest public entrance to the religious
institution, school, or public park. This requirement shall not apply when the
alcohol-selling business and the church, school or park are both located within
commercial or industrial zones.
4. Liquor Stores. Liquor stores shall comply with the following additional standards
and requirements.
a. No proposed liquor store shall be located closer than 1,000' (one
thousand feet) from any existing liquor store, as measured from closest
property line to closest property line.
b. A security plan, including but not limited to: product location, cameras and
similar monitoring system, aisle configuration, point of sales location(s),
exterior and parking lighting, measures to prevent and discourage
loitering, and other reasonable factors has been submitted to the Chief of
Police and has been approved or conditionally approved.
c. No liquor store shall open for business without the prior approval of a
conditional use permit prior to the conduct of business. Any reasonable
conditions deemed necessary to ensure the proposed liquor store will not
create nuisance conditions or unreasonably disrupt the neighborhood, in
which it is proposed to be located, may be added into the conditions of
approval for the project.
d. The failure to comply with any of these conditions may result in the
revocation of the conditional use permit as contained in Section
17.04.010.
5. Finding of Public Convenience or Necessity. When requested by the State of
California to make a finding of public convenience or necessity, the approval
authority shall consider only the following criteria in making a finding of public
convenience or necessity.
a. Whether or not the proposed use is consistent with the general plan and
development code.
b. Whether or not the proposed use is compatible with the nature, condition,
and character of adjacent land uses.
c. Whether or not the proposed use would have an adverse effect on
adjacent land uses
d. Whether or not the proposed use would result in an excessive number of
similar establishments in close proximity."
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7
Section 5. The City Council of the City of Temecula hereby amends Section 17.10.020
of the Temecula Municipal Code by adding Subsection Q to read as follows:
"Q. Concurrent Sale of Motor Vehicle Fuel and Alcoholic Beverages.
1. To compiy with the provisions of the Business and Professions Code (Section
23790 et. seq.), applications for automotive service stations proposing the
concurrent sale of beer and wine from the same structure shall be required to
comply with the same procedure for noticing and conducting the public hearing
that is utilized for all other conditional use permits pursuant to the provisions of
Section 17.04.010 of the Temecula Municipal Code. The decision and findings
must be based on substantial evidence in view of the whole record to justify the
ultimate decision and shall be based on written findings. The denial of an
application for a CUP is subject to appeal to the city council in accordance with
the provisions of Section 17.03.090 of the Temecula Municipal Code.
2. In addition to any other operational standards deemed necessary and
appropriate, the following supplemental standards shall be applied to the
concurrent sale of beer and wine with motor vehicle fuel.
a. No beer or wine shall be displayed within close proximity to and never
closer than five feet of the cash register or the front door.
b. No sale of alcoholic beverages shall be made from a drive-up window.
c. No display or sale of beer or wine shall be made from an ice tub.
d. No beer or wine advertising shall be located on motor fuel islands.
e. No beer or wine advertising shall be located on the building, windows,
doors, or on free-standing signage.
f. No self-illuminated advertising for beer or wine shall be located on
buildings or free-standing signage.
g. Employees on duty between the hours of 10 p.m. and 2 a.m. that sell
beer or wine shall be at least 21 years of age.
h. All employees selling alcoholic beverages shall have completed the
Training Program provided by the Alcoholic Beverage Commission."
Section 6. The City Council of the City of Temecula hereby amends Chapter 17.34 of
the Temecula Municipal Code by adding the following definitions:
""Liquor Store" means a retail sales facility offering for sale an assortment of distilled,
fermented, brewed or similarly prepared beverages that contain amounts of alcohol
sufficient to cause the sale of the beverage to be regulated by the State of California and
(i) where the sale of such beverages is the predominant product sold in such facility,
whether such finding is determined by total annual retail sales or square footage of the
facility dedicated to the storage and/or display of such merchandise; and (ii) the retail
sales facility is not the direct, corporately owned marketing and/or sales facility of the
producer of the alcoholic beverage and where the alcoholic beverage is primarily
intended to be consumed off site from the place of sale. Liquor stores commonly range
R:\Ordinances\Alcoholic Beverages 2004\Statf Report eel.doc
8
in size from 2,000 square feet to 5,000 square feet. A convenience market selling
distilled spirits that meets criteria (i) and (ii) above shall also be considered as a liquor
store for the purposes of this ordinance."
"Specialty marker' means a retail food market that specializes in a specific type or class
of food and related products. Typically specialty markets range in size from 10,000 to
40,000 square feet."
Section 7. Environmental Compliance. The proposed amendment represents a minor
change to the Development Code to modify how businesses selling alcoholic beverages are
addressed. When a site specific application is filed with the City, a determination will be made
at that time, as to the type of environmental review necessary to comply with the provisions of
the California Environmental Quality Act. The City Council has reviewed the information
contained in the Initial Environmental Study and hereby finds that the adoption of this ordinance
could have no impact on the environment and the adoption of this ordinance is exempt from
review under the California Environmental Quality Act pursuant to Section 15061 (b)(3) of the
CEQA Guidelines.
Section 8. Severabilitv. If any sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity
of the remaining provisions of this ordinance. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction
shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the remaining parts of this Ordinance.
Section 9. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shali cause the same to be posted as required by law.
Section 10. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 11. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
PASSED, APPROVED AND ADOPTED this 10th day of May, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:\Ordinances\AlcohoJic Beverages 2004\Staff Report eel.doc
9
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 10th day of May, 2005 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the
_th day of , 2005, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Susan W. Jones, CMC
City Clerk
R:\OrdinanceslAlcoholic Beverages 2004\Staff Report CC1.doc
10
ATTACHMENT NO.2
PLANNING COMMISSION RESOLUTION 2005-21
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc
11
PC RESOLUTION NO. 2005-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMECULA AMENDING
CHAPTERS 17.08, 17.10, AND 17.34 OF THE TEMECULA
MUNICIPAL CODE TO REGULATE LIQUOR STORES AND
SIMILAR USES AND TO FURTHER CLARIFY OTHER
REQUIREMENTS FOR BUSINESSES SELLING ALCOHOLIC
BEVERAGES (PLANNING APPLICATION 04-0594)"
WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the
General Plan; and
WHEREAS, on January 25, 1995, the City Council of the City of Temecula initially adopted
the City's Development Code; and
WHEREAS, the City's Development Code has been periodically amended over time as
needed; and
WHEREAS, the Planning Commission considered the proposed amendment on April 6,
2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and
interested persons had an opportunity to, an did testify either in support or opposition to this matter;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recommendation of Approval. The Planning Commission for the City of
Temecula hereby recommends that the City Council adopt an ordinance amending the requirements
for conditional use permits for certain businesses selling alcoholic beverages and make other
changes substantially in the form attached to this resolution as Exhibit A.
Section 2. Environmental Compliance. The proposed amendment represents a minor
change to the Development Code to modify how businesses selling alcoholic beverages in
commercial zones need to be approved by the City. When a site specific application is filed with the
City, a determination will be made at that time, as to the type of environmental review necessary to
comply with the provisions of the California Environmental Quality Act. As a result, the Planning
Commission recommends that the City Council make a determination that the proposal is exempt
from review under the California Environmental Quality Act pursuant to Section 15061 (b )(3) of the
CEQA Guidelines.
DRAFT
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Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 6th day of April 2005.
David Matthewson, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby that the PC
Resolution No. 2005-21 was duly adopted and regularly adopted by the Planning Commission of the
City of Temecula at a regular meeting thereof held on the 6th day of April, 2005, by the following
vote:
NOES:
ABSENT:
o
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Guerriero, Mathewson, Olhasso, Telesio
AYES:
4
1
Chiniaeff
ABSTAIN:
o
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
DRAFT
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ATTACHMENT NO.3
INITIAL ENVIRONMENTAL STUDY
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc
12
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Project Title Development Code Amendment
Supplemental Alcoholic BeveraQe Sales (PA04-0594\
Lead Agency Name and Address City of Temecula
P.O. Box 9033,
Temecula, CA 92589-9033
Contact Person and Phone Number David Hogan, Principal Planner
(909\ 694-6400
Project Location Citywide
Project Sponsor's Name and Address City of Temecula
General Plan Designation Not applicable
Zoning Not applicable
Description of Project The proposed project is a general amendment to the
Development Code (Title 17 of Municipal Code) that
would modify how businesses selling alcoholic
beverages would be regulated. No specific land use
changes, businesses, or uses would be approved as
part of this project. Generally, the Amendment
would make the following changes:
. Establish requirements to prevent the over-
concentration of liquor stores;
. Establish more stringent requirements for
businesses concurrently selling gasoline and
alcoholic beverages;
. Better differentiate between convenience markets
and liquor stores,
. Expand the permitting requirements for
businesses (commonly recreational) that may
have accessory sales of alcoholic beverages;
and
. Set local standards for considering Findings of
Public Convenience or Necessity.
Surrounding Land Uses and Setting Not applicable
Other public agencies whose approval None.
is required
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Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
followinq paqes.
Land Use Plan nino Hazards
Population and Housino Noise
Geoloaic Problems Public Services
Water Utilities and Service Systems
Air Qualitv Aesthetics
Transportation/Circulation Cultural Resources
Bioloqical Resources Recreation
Enerqy and Mineral Resources Mandatorv Findinqs of Siqnificance
v' None
Determination
(To be completed bv the lead aqencv)
On the basis of this initial evaluation:
v' I find that the proposed project has NO POTENTIAL to have an impact on the
environment, and that a findina of pursuant to Section 15061 (b)(3) be made.
I find that the proposed project COULD NOT have a significant on the environment, and a
NEGATIVE DECLARATION will be prepared
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made by or agreed to by the project proponent. A MITIGATED
NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is reauired
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact" or
"potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is
required, but it must analvze onlv the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed adequately
in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b)
have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed proiect Ifibtt ino urther is required.
G ') c:::: ~ . S /'2-/'7 '\
Signature ......... I d Date I
David Hooan
Printed name
Principal Planner
Title
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14
1. AESTHETICS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortinn Information Sources Imeact IncorDorated lmnact lmnact
a. Have a substantial adverse effect on a .,(
scenic vista?
b. Substantially damage scenic resources, .,(
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic hiahwav?
c. Substantially degrade the existing visual .,(
character or quality of the site and its
surroundinas?
d. Create a new source of substantial light or .,(
glare which would adversely affect day or
niahttime views in the area?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a resuit, the proposed amendment has no potential to impact community aesthetics
or scenic views. Because the amendment has not possibility of effecting the environment, the
adoption of this Code Amendment is not a project subject to environmental review pursuant to
Section 15061 (b)(3).
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model as an optional
model to use in assessing impacts on agriculture and farmland. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortino Information Sources Imoact IncorDoraled Imoact Irnoae!
a. Convert Prime Farmland, Unique Farmland, .,(
or Farmland of Statewide Importance, as
shown on the maps prepared pursuant to
the Farmland Mapping and Monitoring
Program of the California Resources
AQency, to non-aaricultural use?
b. Conflict with existing zoning for agricultural .,(
use, or a Williamson Act contract?
c. Involve other changes in the existing .,(
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-aaricultural use?
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Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact agricultural resources.
Because the amendment has not possibility of effecting the environment, the adoption of this
Code Amendment is not a project subject to environmental review pursuant to Section 15061
(b)(3).
3. AIR QUALITY. Where available, the significance criteria established by the
applicable air quality management or air pollution control district may be relied upon
to make the following determinations. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Sunnortinn Information Sources lmnact Incorporated Imoact Imnact
a. Conflict with or obstruct implementation of .{
the applicable air aualitv plan?
b. Violate any air quality standard or .{
contribute substantially to an existing or
proiected air qualitv violation?
c. Result in a cumulatively considerable net .{
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard (including releasing
emissions which exceed quantitative
thresholds for ozone precursors)?
d. Expose sensitive receptors to substantial .{
pollutant concentrations?
e. Create objectionable odors affecting a .{
substantial number of peoole?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact air quality. Because the
amendment has not possibility of effecting the environment, the adoption of this Code
Amendment is not a project subject to environmental review pursuant to Section 15061 (b)(3).
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc
16
4. BIOLOGICAL RESOURCES. Would the project?
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortinn Information Sources Imoact IncorOorated Imnact Imnact
a. Have a substantial adverse effect, either ,(
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations, or
by the California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any ,(
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game or
US Fish and Wildlife Service?
c. Have a substantial adverse effect of ,(
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, etc.) through direct removal, filling,
hydroloqical interruption, or other means?
d. Interfere substantially with the movement of ,(
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e. Conflict with any local policies or ,(
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
f. Conflict with the provisions of an adopted ,(
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Comments: The proposed project would augment the current standards for certain businesses
selling' alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact biologic resources.
Because the amendment has not possibility of effecting the environment, the adoption of this
Code Amendment is not a project subject to environmental review pursuant to Section 15061
(b)(3).
R:\Ordinances\Alcoholic Beverages 2004\Staff Report eel.doc
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5. CULTURAL RESOURCES. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortinn Information Sources Imoact lncorooraled Irnoae! frnoael
a. Cause a substantial adverse change in the ./
significance of a historical resource as
defined in Section 15064.5?
b. Cause a substantial adverse change in the ./
significance of an archaeological resource
pursuant to Section 15064.5?
c. Directly or indirectly destroy a unique ./
paleontological resource or site or unique
QeoloQic feature?
d. Disturb any human remains, including those ./
interred outside of formal cemeteries?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact historic, archeologic, or
paleontologic resources. Because the amendment has not possibility of effecting the
environment, the adoption of this Code Amendment is not a project subject to environmental
review pursuant to Section 15061 (b)(3).
6. GEOLOGY AND SOILS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SUDDortinn Information Sources Imnact Incomorated Imnact Irnoae!
a. Expose people or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving any of
the followinQ::
i. Rupture of a known earthquake fault, as ./
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
ii. StronQ seismic qround shakinQ? ./
iii. Seismic-reiated ground failure, including ./
liquefaction?
iv. Landslides? ./
b. Result in substantial soil erosion or the loss ./
of topsoil?
A:\Ordinances\Alcoholic Beverages 2004\Staff Report eel.doc
18
6. GEOLOGY AND SOILS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortina Information Sources lmnact IncorCorated Imoact Imoae!
c. Be located on a geologic unit or soil that is ./
unstable, or that would become unstable as
a result of the project, and potentially result
in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in ./
Table 18-1-B of the Uniform Building Code,
creatino substantial risks to life or prooertv?
e. Have soils incapable of adequately ./
supporting the use of septic tanks or
alternative wastewater disposai systems
where sewers are not available for the
disposal of wastewater?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact area geology or soil
conditions. Because the amendment has not possibility of effecting the environment, the
adoption of this Code Amendment is not a project subject to environmental review pursuant to
Section 15061 (b)(3).
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SUDDortino Information Sources Imaael lncarnoraled Imnact Imnact
a. Create a significant hazard to the public or ./
the environment through the routine
transportation, use, or disposal of
hazardous materials?
b. Create a significant hazard to the public or ./
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c. Emit hazardous emissions or handle ./
hazardous or acutely hazardous materials,
substances, or acutely hazardous
materials, substances, or waste within one-
quarter mile of an existing or proposed
school?
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc
19
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Sunnortinn Information Sources linoaet IncorCorated Imnact Imnact
d. Be located on a site which is included on a ,/
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e. For a project located within an airport land ,/
use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard for people
residinq or workinq in the proiect area?
f. For a project within the vicinity of a private ,/
airstrip, would the project result in a safety
hazard for people residing or working in the
proiect area?
g. Impair implementation of or physically ,/
interfere with an adopted emergency
response plan or emergency evacuation
plan?
h. Expose peopie or structures to a significant ,/
risk or loss, injury or death involving
wildland fires, including where wildlands are
adjacent to urbanized areas or where
residences are intermixed with wildlands?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact result in the generation
or release of hazardous materials or the exposure of people to these hazards. Because the
amendment has not possibility of effecting the environment, the adoption of this Code
Amendment is not a project subject to environmental review pursuant to Section 15061 (b)(3).
R:\Ordinances\Alcoholic Beverages 2Q04\Staff Report eel.doc
20
8. HYDROLOGY AND WATER QUALITY. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SUDDortino Information Sources Imnact Incornoraled IrTJnact Imnact
a. Violate any water quality standards or ./
waste discharqe reauirements?
b. Substantially deplete groundwater supplies ./
or interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of the
local Groundwater table level?
c. Substantially alter the existing drainage ./
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on- or off-
site?
d. Substantially alter the existing drainage ./
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in floodinQ on- or off-site?
e. Create or contribute runoff water which ./
would exceed the capacity of existing or
planned storm water drainage systems or
provide substantial additional sources of
polluted runoff?
f. Otherwise substantially degrade water ./
quality?
g. Place housing within a 1 OO-year flood ./
hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate
Map or other flood hazard delineation map?
h. Place within a 1 OO-year flood hazard area ./
structures which would impede or redirect
flood flows?
i. Expose people or structures to a significant ./
risk of loss, injury or death involving
flooding, including flooding as a result of the
failure of a levee or dam?
i. Inundation by seiche, tsunami, or mudflow? ./
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc 21
Code. As a result, the proposed amendment has no potential to impact water quality, hydrology
or flooding issues. Because the amendment has not possibility of effecting the environment, the
adoption of this Code Amendment is not a project subject to environmental review pursuant to
Section 15061 (b)(3).
9. LAND USE AND PLANNING. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Sunnortinn Information Sources lmoact Incorooraled Imeact lmoacl
a. Physically divide an established ,(
community?
b. Conflict with any applicable land use plan, ,(
policy, or regulation of an agency with
jurisdiction over the project (including, but
not limited to the general plan, specific plan,
local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitiqatina an environmental effect?
c. Conflict with any applicable habitat ,(
conservation plan or natural community
conservation plan?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of P.ublic
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact or conflict any habitat
conservation or other regional or area plans and because it is consistent with the adopted
General Plan, the amendment has not possibility of effecting the environment, the adoption of
this Code Amendment is not a project subject to environmental review pursuant to Section
15061 (b)(3).
10. MINERAL RESOURCES. Would the project:
Potentially
Potentially Significant Unless Less Than
Issues and Sunnortinn Information Sources Significant Mitigation Significant No
Imnact IncorCorated Imoact lmoact
a. Result in the loss of availability of a known ,(
mineral resource that would be of value to
the rea ion and the residents of the state?
b. Result in the loss of availability of a locally- ,(
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc
22
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact mineral resources.
Because the amendment has not possibility of effecting the environment, the adoption of this
Code Amendment is not a project subject to environmental review pursuant to Section 15061
(b)(3).
11. NOISE. Would the project result in:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortino Information Sources Imnact Incarcorated Imoact tmoact
a. Exposure of persons to or generation of ,(
noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards of
other aqencies?
b. Exposure of persons to or generation of ,(
excessive groundborne vibration or
qroundborne noise levels?
c. A substantial permanent increase in ,(
ambient noise levels in the project vicinity
above levels existinq without the oroiect?
d. A substantial temporary or periodic ,(
increase in ambient noise levels in the
project vicinity above levels existing without
the proiect?
e. For a project located within an airport land ,(
use plan or, where such a plan has not
been adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?
f. For a project within the vicinity of a private ,(
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not resuit in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to expose people to additional
noise impacts. Because the amendment has not possibility of effecting the environment, the
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc
23
adoption of this Code Amendment is not a project subject to environmental review pursuant to
Section 15061 (b)(3).
12. POPULATION AND HOUSING. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Supportina Information Sources tmnact Inco";:;orated Imnact Imoact
a. Induce substantial population grow1h in an v'
area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
b. Displace substantial numbers of existing v'
housing, necessitating the construction of
replacement housinQ elsewhere?
c. Displace substantial numbers of people, v'
necessitating the construction of
replacement housinq elsewhere?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the deveiopment plan process identified in the Development
Code. As a result, the proposed amendment has no potential to induce population grow1h or to
displace people. Because the amendment has not possibility of effecting the environment, the
adoption of this Code Amendment is not a project subject to environmental review pursuant to
Section 15061 (b)(3).
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts
associated with the provision of new or physically altered governmental facilities,
need for new or physically altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance objectives for any of the public
services:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SuoDortino Information Sources Imoact IncorOoraled lmnact lmoact
a. Fire protection? v'
b. Police protection? v'
c. Schools? v'
d. Parks? v'
e. Other public facilities? v'
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide iocal criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc 24
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact existing or proposed
public services. The proposed ordinance provisions are expected to have a positive impact on
public services by reducing the future needs for some service types including police and code
enforcement. Because the amendment has not possibility of effecting the environment, the
adoption of this Code Amendment is not a project subject to environmental review pursuant to
Section 15061 (b)(3).
14. RECREATION. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SUDParlino Information Sources lmnact Incorporated Impact Imnact
a. Increase the use of existing neighborhood ,f
and regional parks or other recreational
facilities such that substantial physical
deterioration of the facility would occur or
be accelerated?
b. Include recreational facilities or require the ,f
construction or expansion of recreational
facilities which might have an adverse
phvsical effect on the environment?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact recreational demands
or facilities. Because the amendment has not possibility of effecting the environment, the
adoption of this Code Amendment is not a project subject to environmental review pursuant to
Section 15061 (b)(3).
15. TRANSPORTATION/TRAFFIC. Would the project:
Potentially
Potentially Significant Unless Less Than
Issues and Suooortinn Information Sources Significant Mitigation Significant No
Irrlnaet Incorporated Imoact Impact
a. Cause an increase in traffic which is ,f
substantial in relation to the existing traffic
load and capacity of the street system (i.e.,
result in a substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc
25
15. TRANSPORT A TIONfTRAFFlc. Would the project:
Potentially
Potentially Significant Unless Less Than
Si9~~:cant Mitigation Significant No
Issues and SUDDortina Information Sources 1m act IncorCorated ImDact Imoact
b. Exceed, either individually or cumulatively, ./
a level of service standard established by
the county congestion management agency
for desiQnated roads or hiahwavs?
c. Result in a change in air traffic patterns, ./
including either an increase in traffic levels
or a change in location that results in
substantial safetv risks?
d. Substantially increase hazards due to a ./
design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.Q., farm eauipmentl?
e. Result in inadequate emerqenCV access? ./
f. Result in inadequate parkinq capacitv? ./
g. Conflict with adopted policies, plans, or ./
programs supporting alternative transporta-
tion-ie.a., bus turnouts, bicvcle racks)?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the deveiopment plan process identified in the Development
Code. As a result, the proposed amendment has no potential to adversely impact transportation
and traffic. Because the amendment has not possibility of effecting the environment, the
adoption of this Code Amendment is not a project subject to environmental review pursuant to
Section 15061 (b)(3).
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
Potentially
Potentially Significant Unless Less Than
Issues and Suooortinn Information Sources Significant Mitigation Significant No
Irrmae! Incorporated Imoact Imoact
a. Exceed wastewater treatment requirements ./
of the applicable Regional Water Quality
Control Board?
b. Require or result in the construction of new ./
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause
siQnificant environmental effects?
R:\Ordinances\Alcaholic Beverages 2004\Staff Report eel.doc
26
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortina Information Sources l~nact Incorcorated Impact Imnact
c. Require or result in the construction of new .-
storm water drainage facilities or expansion
of existing facilities, the construction of
which could cause significant environmental
effects?
d. Have sufficient water supplies available to .-
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e. Result in a determination by the wastewater .-
treatment provider which serves or may
serve the project that it has adequate
capacity to serve the project's projected
demand in addition to the provider's
existino commitments?
f. Be served by a landfill with sufficient .-
permitted capacity to accommodate the
proiect's solid waste disposal needs?
g. Comply with federal, state, and local .-
statutes and regulations related to solid
waste?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not result in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to impact utility and service
systems. Because the amendment has not possibility of effecting the environment, the adoption
of this Code Amendment is not a project subject to environmental review pursuant to Section
15061 (b)(3).
17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
Potentially
Potentially Significant Unless Less Than
Sjg~~~anl Mitigation Significant No
Issues and Supportina Information Sources 1m act IncorCorated Imoact Imoact
a. Does the project have the potential to .-
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wiidlife species, cause a fish or wiidlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal communitv, reduce the number or
R:\Ordinances\Alcoholic Beverages 2004\Staff Report CC1.doc
27
17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Supportinq Information Sources Imnacl Inco';;orated Imnact lmDact
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of California
history or prehistory?
b. Does the project have impacts that are "
individualiy limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of probable future proiects)?
c. Does the project have environmental -/
effects which will cause substantial adverse
effects on human beings, either directly or
indirectiy?
Comments: The proposed project would augment the current standards for certain businesses
selling alcoholic beverages and provide local criteria for making a Finding of Public
Convenience or Necessity when requested by Alcoholic Beverage Control. Changes to these
provisions would not resuit in new development, the construction of new buildings, or any other
changes to the physical environment not currently allowed by the General Plan and
Development Code. Specific requests to construct new buildings will received the appropriate
environmental review as part of the development plan process identified in the Development
Code. As a result, the proposed amendment has no potential to trigger any of the significant
mandatory impact findings. Because the amendment has not possibility of effecting the
environment, the adoption of this Code Amendment is not a project subject to environmental
review pursuant to Section 15061 (b)(3).
18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering
program EIR, or other CEQA process, one or more effects have been adequately
analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this
case a discussion should identify the following on attached sheets.
a. Earlier analyses used. Identify earlier analyses and state where they are available for
review.
b. Impacts adequately addressed. Identify which affects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
miti ation measures based on the earlier anal sis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation
Incorporated," describe the mitigation measures which were incorporated or refined
from the earlier document and the extent to which they address site-specific conditions
for the roo ect.
R:\Ordinances\Alcoholic Beverages 20Q4\Staff Report CC1.doc
28
ITEM 19
APPROVAL tZ,.:S-
CITY ATTORNEY
DIRECTOR OF FINAN"''' I'-v?
CITY MANAGER riI
V
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM:".j~illiam G. Hughes, Director of Public Works/City Engineer
DATE: May 10, 2005
SUBJECT: Traffic Signal System and Operation Improvements - Winchester Road
and Route 79 South
PREPARED BY:
AIi Moghadam, Principal Engineer - Traffic
RECOMMENDATION: That the City Council receive and file the report and provide
recommendations as necessary.
BACKGROUND: City Council requested a presentation regarding traffic signal
operations and improvement plans for Winchester Road and Route 79 South now that the
relinquishment of the roadways to the City is complete. An oral report will be made during the May
10'h City Council meeting.
Since assuming responsibility for the maintenance and operation of Winchester Road and Route 79
South, staff has performed the following tasks to improve the traffic flow:
o Replaced the traffic signal controller software at six locations along the Winchester Road
corridor. The replacement of this software was necessary to establish communication
between the City's Traffic Operations Center (TOC) and the field controllers.
o Modified the existing traffic signal interconnect wiring on Winchester Road between Ynez
Road and Nicolas Road. This modification was performed so that staff could monitor the
traffic signal system's operation and modify the signal timing from the City's TOC.
o Developed a system network for intersections on Winchester Road from Diaz Road to
Murrieta Hot Springs Road using Synchro software. This network also includes Ynez Road
between Winchester Road and Solana Way, Margarita Road between Date Street and
Solana Way and Overland Drive between Jefferson Avenue and Margarita Road.
o Developed three (3) time-of-day (AM, Mid-day, and PM) weekday traffic signal coordination
timing plans for the arterials mentioned in the above network and tested the timing plans in
the City's TOC using Simtraffic, a traffic simulation software program.
o Implemented weekday traffic signal coordination timing plans on intersections along
Winchester Road. Staff is currently in the process of updating the remainder of the traffic
signal coordination timing plans on Ynez Road, Margarita Road, and Overland Drive.
R\AGENDA REPORTS\2005\051005\Winchesler and SR79 System OperaHonsDOC
o Met with Caltrans representatives on three occasions to coordinate the implementation of
compatible traffic signal controller software at the Interstate 15 Ramp signals on Winchester
Road, Rancho California Road and Route 79 South.
o Installed new cabinet locks at all intersections on Winchester Road and Route 79 South that
fall within the City's maintenance and operational responsibility to limit access to the
controller cabinets.
o Determined that on-street parking along Winchester Road and Route 79 South needs to be
restricted to reduce delays and congestion during peak hours. Staff is recommending the
establishment of parking restrictions on both roadways within the City's jurisdiction.
o Met with developer representatives to approve and process the modification of the traffic
signal located at Butterfield Stage Road and Route 79 South.
o Inspected and accepted two new traffic signals on Route 79 South at Jedediah Smith Road
and at Kevin Place.
o Met with developer representatives to coordinate the location of traffic signal equipment at
the intersection of Route 79 South and Avenida De Missiones.
o Installed Pedestrian Countdown indications at Winchester Road and Nicolas Road for
Chaparral High School.
o Installed new detector loops at the intersections of Winchester Road and Nicolas Road, and
Winchester Road and Roripaugh Road to improve traffic response.
o Replaced a faulty traffic signal controller and implemented timing at the intersection of
Winchester Road and Promenade Mall West.
o Replaced several LED module units along Winchester Road and Route 79 South.
o Replaced the existing Programmed Visibility traffic signal indication with a more visible LED
traffic signal indication for northbound left-turn movement at the intersection of Ynez Road
and Winchester Road.
Currently, staff is working on the following tasks:
o Develop two (2) time-of-day (Mid-day and PM) weekend traffic signal coordination timing
plans for Winchester Road, Ynez Road, Margarita Road, and Overland Drive.
o Modify existing traffic signal interconnect on Route 79 South between La Paz Road and
Butterfield Stage Road. This modification will allow staff to monitor the traffic signal system's
operation from the City's TOC.
o Replace the traffic signal controller equipment at nine locations along the Route 79 South.
The replacement of this equipment is necessary to maintain communication between the
City's TOC and the field controllers.
o Install a wireless interconnect system from La Paz Road to the City's TOC. This wireless
system is necessary because there is no direct "hardwire" connection between Route 79 and
the City's TOC. The wireless system will allow staff to monitor the traffic signal system's
operation from the TOC and modify signal timing as needed.
2
R:\AGENOA REPORTS\2005\051005\Winchester and SR79 System Operations.OOC
o Develop and implement weekday and weekend time-of-day traffic signal coordination timing
plans for intersections along Route 79 South, Pechanga Parkway, and portions of Margarita
Road and Butterfield Stage Road.
o The raised landscape median design along Route 79 South is approximately 90 % complete
and is scheduled for construction this coming fiscal year.
o City staff is also proposing to supplement our traffic response with a new traffic designated
bucket truck and an assistant signal technician in the upcoming budget.
At their meeting 0 f March 24, 2005, the PubliclTraffic Safety Commission approved the staff
recommendation to receive and file this status report.
FISCAL IMPACT: Staff has requested funding for additional improvements as part of the Fiscal
Year 2005/2006 budget.
ATTACHMENTS: None
3
R:\AGENDA REPORTS\200S\051 005\Winchester and SR79 System Operalions.DOC
ITEM 20
APPROVA~
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGERtifJ . .
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Grant Yates, Assistant to the City Manager/HR Director
DATE: May 10, 2005
SUBJECT: Appointment of Drug/Gang Task Force
(At the request of Councilmember Mike Naggar & Councilmember Chuck
Washington)
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council appoint two members of the City Council to a
Drug/Gang Task Force.
BACKGROUND: At the March 26, 2005 City Council meeting, Council member Naggar &
Councilmember Washington proposed the creation of a Drug/Gang Task Force. This
recommended action is to appoint 2 members of the City Council to serve on the Task Force and to
create a work plan that includes community forums to address these issues.
FISCAL IMPACT:
None at this time.
R:\ADAMSA\CQUNCIL\Naggar Gang Task force.doc