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HomeMy WebLinkAbout121305 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE December 13, 2005 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 2005-017 Resolution: 2005-115 6:15 P.M. - Closed Session of the City CouncillRedevefopm . to Government Code Sections: ' , ,,,,,,.....................co...........,,.,,...,,............... ericypiirsuant ':;;'::i.!'i;i;i;;:Ji;; .;,...........,.........~.;. ..................... ........... .. ........ .... '. ..;.0......:,., ,i:' ..... .... ..'i'.:>::.":>,.;<::::,;,,,:;.... '<':":::':':::::<':<;',>," ,.,.......... .. ..' ...........;.. .,':, ,............ ....,:. ::, ,':':',',.;L::T"::'.<,:::T<'P>:fi':<",,:: :;.:;;:':':;:';',":'::'.> 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations located at the northwest corner of Diaz Ro and Dendy Lane (APN 909-370-002). The.riegotiatirig parties are the City of emeciJla Redevelopment Agency, and AGK Group.. Under negotiation are trice and terms of paym.ent of real property interests. The City/Agency negotiators are Shawn Nelson, James O'Grady, an ' Meyer. .....,..;......;,....;:;'"..,;;;'...,;;.;,..;,.'.,.,.....,;.'",.,.....................".,..".,............,,,,.,,.,.....,..,."""",.,:...." "".",...,...".................... ..... ........... ....................... Public Information concerning existing litigation betWeen t parties may be acquired by reviewing the public documents e Clerk. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Heritage Junior Ensemble Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Mayor Pro Tem Roberts ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS/PROCLAMATIONS USS Ronald Reaqan Dav Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of November 8, 2005; 3 Resolution approvino List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: 2 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of October 31, 2005 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of October 31, 2005. 5 Financial Statements for the three months ended September 30, 2005 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Three Months Ended September 30, 2005; 5.2 Approve an increase in Lease Revenue of $76,000 and approve an appropriation of $21,420 in General Fund for Old Town property operations; 5,3 Reduce Gas Tax Fund Operating Transfer Out by $137,137 and General Fund Operating Transfer In by the same amount; 5.4 Approve an increase in the Traffic Congestion Relief Revenue of $450,696 in State Transportation Fund, 6 Resolution of Support - HR 3507- Pechanqa Land Transfer (at the request of Councilwoman Edwards) RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING HR 3507 WHICH TRANSFERS APPROXIMATELY 990 ACRES OF LAND FROM THE BUREAU OF LAND MANAGEMENT (BLM), SAN DIEGO COUNTY & RIVERSIDE COUNTY INTO TRUST FOR THE PECHANGA BAND OF LUISENO INDIANS 7 Resolution of Support -Expedited Improvements to 1-215 (at the request of Councilmember Naggar) RECOMMENDATION: 7.1 Adopt a resolution entitled: 3 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS IN THEIR EFFORTS IN SEEKING EXPEDITED TRAFFIC IMPROVEMENTS TO INTERSTATE-215 BYTHE STATE OF CALIFORNIA 8 Tract Map 24188-2,3 & F (located east of Meadows Parkwav. south of Pauba Road and west of Butterfield Staqe Road) RECOMMENDATION: 8.1 Approve Tract Map No. 24188-2 in conformance with the Conditions of Approval. Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreement; 8.2 Approve Tract Map No. 24188-3 in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreement; 8.3 Approve Tract Map No. 24188-F in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreement. 9 Authorize Temporary Street Closure for a Portion of Butterfield Staqe Road between Rancho California Road and Ahern Place for the Installation of Rancho California Water District Connector Pipeline (RCWD Proiect No. 1276) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING A TEMPORARY STREET CLOSURE FOR A PORTION OF BUTTERFIELD STAGE ROAD BETWEEN RANCHO CALIFORNIA ROAD AND AHERN PLACE FOR A DURATION OF UP TO 21 DAYS TO ALLOW FOR INSTALLATION OF RCWD CONNECTOR PIPELINE (RCWD PROJECT NO. 1276) 10 Acceptance of certain Public Streets into the Citv-Maintained Street Svstem within Tract Map No. 29133 (located on the east side of Ynez Road and north of Santiaqo Road) RECOMMENDATION: 10.1 Adopt a resolution entitled: 4 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 29133) 11 Parcel Map 31711 (located east of MarGarita Road and north of De Portolo Road) RECOMMENDATION: 11.1 Approve Parcel Map No. 31711 in conformance with the Conditions of Approval; 11.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 12 Completion and Acceptance of Construction Contract Bus Bench UPGrades - Proiect No. PW02-17 RECOMMENDATION: 12.1 Accept the Bus Bench Upgrades Project - Project No. PW02-17 - as complete; 12.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 12.3 Release the Materiais and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 13 Consultant Services AGreement for EnGineerinG DesiGn Services for Rancho California Road Median Modifications between Interstate 15 and Ynez Road - Proiect No. PW05-04 RECOMMENDATION: 13.1 Approve an agreement with JMD in an amount not to exceed $31,135.00 to design Rancho California Road Median Modifications between Interstate 15 and Ynez Road - Project No. PW05-04 - and authorize the Mayor to execute the agreement; 13.2 Authorize the City Manager to approve extra work not to exceed the contingency amount of $3,113.50, which is equal to 10% of the agreement amount. 14 Second Amendment to the Professional Services AGreement for Survev Services with Cozad & Fox. Inc. for Various Capital Improvement Proiects for FY2005-2006 RECOMMENDATION: 14.1 Approve the Second Amendment to the Fiscal Year 2004-2005 Professional Services Agreement with Cozad & Fox. Inc. in the amount of $20,000 to provide as- needed survey services and authorize the Mayor to execute the amendment. 5 15 First Amendments to Fiscal Year 2005-2006 Annual Citywide Routine Maintenance Contracts RECOMMENDATION: 15.1 Approve the First Amendment to the Fiscal Year 2005-2006 Annual Citywide Routine Maintenance Contract with Pacific Striping, Inc. for an amount of $95,000 and authorize the Mayor to execute the amendment; 15.2 Approve the First Amendment to the Fiscal Year 2005-2006 Annual Citywide Routine Maintenance Contract with Imperial Paving Company, Inc. in the amount of $200,000 and authorize the Mayor to execute the amendment. 16 Second Readinq of Ordinance No. 05-16 (Transient Occupancy Tax) RECOMMENDATION: 16.1 Adopt an ordinance entitled: ORDINANCE NO. 05-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 3.20 OF THE TEMECULA MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY, ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2005-01 Resolution: No. CSD 2005-23 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Edwards, Comerchero, Naggar, Roberts, Washington TCSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. TCSD CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of November 22, 2005. 18 Financial Statements for the three months ended September 30, 2005 RECOMMENDATION: 18.1 Receive and file the Financial Statements for the three months ended September 30, 2005. 7 TCSD DIRECTOR OF COMMUNITY SERVICES REPORT TCSD GENERAL MANAGERS REPORT TCSD BOARD OF DIRECTORS REPORTS TCSD ADJOURNMENT Next regular meeting: Tuesday, January 10, 2006, at 5:30 P,M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2005-01 Resolution: No. RDA 2005-08 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington, Roberts RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. RDA CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of November 22, 2005. 20 Financial Statements for the three months ended September 30. 2005 RECOMMENDATION: 20.1 Receive and file the Financial Statements for the three months ended September 30, 2005; 20.2 Approve an increase in Operating Transfer of $1,077,000 from Debt Service Fund to the RDA Capital Improvement fund. 9 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, January 10, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 10 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. 21 AB1600 Annual Report 21.1 Receive and file the report, 22 Formation of Tourism Business Improvement District to Promote Tourism in the Temecula Vallev 22.1 Conduct a public hearing to consider protests regarding the formation of the Temecula Valley Tourism Business Improvement District; 22.2 Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the formation of the proposed District. 22.3 If the City Clerk reports that there is not a majority protest received regarding this District, then request first reading and introduce the ordinance entitled: ORDINANCE NO. 05- AN ORDINANCE OF THE CITY OF TEMECULA ADDING CHAPTER 3.40 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF TEMECULA 22.4 If the ordinance described in 3 above has been introduced, adopt the resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2006-2007 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT 22.5 If the ordinance described in 3 above has been introduced, adopt the resolution entitled: 11 RESOLUTION NO. 05- A RESOLUTION OF THE COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ADVISORY BOARD FOR THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT 22.6 If the ordinance described in 3 above has been introduced, approve the agreement entitled: MANAGEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION AND VISITORS BUREAU FOR THE OPERATION AND ADMINISTRATION OF TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT 23 Temecula Reoional Hospital RECOMMENDATION: 23.1 Approve a request to continue the Public Hearing for the Temecula Regional Hospital Project to the City Council Meeting of January 24, 2006. COUNCIL BUSINESS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, January 10, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 12 PROCLAMA TIONS AND PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, on behalf of the Mayor and City Council. the City ofTemecula presents the officers and crew of the USS Ronald Reagan with this Proclamation; and WHEREAS, the City of Temecula sincerely thanks the crew of the l)'SS Ronald Reagan for their generous contribution of volunteer time and man power to improve the appearance of the Ronald Reagan Sports Park; and WHEREAS, you have adopted this park site as your own, providing volunteers to, assist City staff in the maintenance, upkeep, and care for this 73-acre sports facility; and . WHEREAS, in providing the countless hours of volunteer time and adopting this City park as your own, you truly exemplil'y the spirit of volunteerism; and WHEREAS, our City has truly enjoyed this cooperative effort and will cherish a long friendship with the crew of the USS Ronald Reagan. NOW, THEREFORE,.I, Jeff Comerchero, on behalf of the City Council of the City of Temecula, hereby proclaim December 13, 2005 to be "USS Ronald Reagan Day" IN ~ITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City ofTemecu\a to be affixed this 13th day of December, 2005. JeffComerchero, Mayor Susan W. Jones, MMe, City Clerk ITEM NO.1 ITEM NO.2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 8, 2005 The City Council convened in a regular meeting on Tuesday, November 8, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session convened at 7:00 P.M. Present: 4 Council members: Edwards, Naggar, Washington, and Comerchero Absent: 1 Council members: Roberts PRELUDE MUSIC The prelude music was provided by Katie Ascani and Raine Seibold. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Washington, PRESENT A TIONS/PROCLAMA TIONS Certificate of Achievement to Michael Radosevich for attainino Eaole Scout rank On behalf of the City Council, Mayor Comerchero commended the outstanding achievement of Michael Radosevich on achieving the rank of Eagle Scout. Eagle Scout Radosevich thanked the City Council for its recognition and briefly shared his Eagle Scout project. Certificate of Appreciation to Csaba Ko Mayor Comerchero, on behalf of the City Council and citizens of Temecula, commended Mr. Csaba F. Ko, for his 16 years of dedicated service to the Rancho California Water District and to this community and thanked him for the positive influence he has had throughout this City. Mr. Ko thanked the City Council for its recognition. Susan G. Komen Presentation Representing the Susan G. Komen Foundation, Ms. Reyes, President of the Inland Empire affiliation, provided statistics of this year's Race for the Cure, advising that 75% of the Race donations will remain in the City of Temecula. In appreciation of the City's support, Ms. Reyes presented the City Council with the Diamond Sponsor Award. R:\Minutes\110B05 On behalf of the City Council, Mayor Comerchero thanked Ms. Reyes for the recognition. PUBLIC COMMENTS A Mr. Ted Miller along with Ms. Natalie Kinsley, Temecula, advised the City Council as well as the community of a new camp being established in the Temecula Valley, noting that in June 2006, Royal Family Kids' Camp will assisting abused and neglected children that are currently in the foster care system. Ms. Kinsley requested donations from the City, local business owners, and the community, noting that such donations will make a difference in these children's lives. Mayor Comerchero apprised Ms. Kinsley of the City's Community Service Funding Program and encouraged her to contact City Hall for the appropriate information. B. Mr, Jimmy Moore, Temecula, thanked the City Council for fulfilling its promise of restoring the Mercantile Building to its original specifications and complimented Redevelopment Director Meyer of keeping him apprised of the progress. C. Ms. Loretta Barnett, Temecula, representing the non-profit Vail Ranch Restoration Association, provided the City Council with a brief overview of the newly published pictorial book of the City of Temecula, advising that the book will be available early January 2006: that all proceeds of this book will serve as a fundraiser for the organization: and that more information with regard to this book may be found at www.vailranch.org. D. Ms. Diana Broderick, Temecula, requested that the City Council remove the existing barricade on Kahwea Road in order to reduce trips on Calle Medusa and Calle Pina Colada by creating a more direct route for commuters as well as the Police and Fire Departments. E. Addressing the previously completed traffic studies for Calle Pina Colada, Mr. Mike Kuhn, Temecula, noted that the period during which these studies were completed (Thanksgiving week and Martin Luther King weekend) skewed the traffic results. Mr. Kuhn requested that Kahwea Road be opened to through traffic in an effort to reduce traffic trips along Calle Pina Colada and to create a safer route, F. Ms. Joan Harkins, Temecula, thanked the City Council for its efforts with regard to addressing the congregation of day workers on Butterfield Stage Road. G. Ms. Anne Mollman, Temecula, expressing concern with the high volume of traffic on Calle Pina Colada and, therefore, requested that all closed roads be opened for the good of the community. H. Dr. Jeanne McClellan, Temecula, Campus Director for the University of Redlands, extended a personal invitation to the City Council to the University grand opening celebration on Thursday, December 1, 2005, from 4:30 to 7:30 pm. CITY COUNCIL REPORTS A Councilman Washington wished all Veterans a Happy Veterans' Day. With regard to a grant awards program sponsored by the Bank of America, Councilman Washington congratulated Kristen Torres from Chaparral High School on her receipt of this award. R:\Minules\110805 2 B. Councilwoman Edwards congratulated Ms. Maureen Manyan of Hillcrest Academy, Temecula, for being selected to participate in the U.S, State Department Exchange Program, noting that Ms. Manyan was 1 of only 240 to be selected in the this program. Mrs. Edwards recognized Ms. Manyan as well as the Exchange participant from Argentina. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1,1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 25, 2005. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 05-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of September 30, 2005. 5 Community Service Fundina Proaram RECOMMENDATION: 5.1 Approve the 2005-06 Community Service Funding Program grants per the committee's recommendations of $115,300 to 36 organizations. (Item No.5 was pulled for separate discussion, see page 4 and 5). R:\Minutes\110B05 3 6 Purchase of Public Works' Utility Truck RECOMMENDATION: 6,1 Approve purchase of a Utility Maintenance Truck from Rancho Ford in the amount $67,816.25. 7 Third Amendment to Contract Aareement for On-Call Traffic Sianal Maintenance Services for Fiscal Year 2005-2006 RECOMMENDATION: 7.1 Approve the Third Amendment to the Contract Agreement with Republic Electric to perform additional On-Call Traffic Signal Maintenance Services and traffic related projects for Fiscal Year 2005-2006 for an amount not to exceed $40,000; 7.2 Authorize the Mayor to execute the agreement. 8 Revised Lease Aareement Old Town Property RECOMMENDATION: 8.1 Approve the First Amendment to the Commercial Lease for the property located at 41934 Main Street, Suite 107 a, b, c, d, and 209. MOTION: Councilwoman Edwards moved to approve Consent Calendar Item Nos. 1-4 and 6-8 (Item No.5 was pulled for separate discussion; see below). Councilman Naggar seconded the motion and electronic vote reflected approval with the exception of Councilman Roberts who was absent. CONSENT CALENDAR ITEM NO.5 WAS PULLED FOR SEPARATE DISCUSSION City Attorney Thorson stated that any City Council member functioning as a member of the Board of Directors or an officer of one of the grantees must abstain from the item, noting that simply being a member of one of the organizations does not require an abstention. 5 Community Service Fundina Proaram RECOMMENDATION: 5.1 Approve the 2005-06 Community Service Funding Program grants per the committee's recommendations of $115,300 to 36 organizations. Relaying her dilemma with this year's application process for Court Appointed Special Advocates, Ms. Shari Crall, Temecula, provided a brief overview of this organization's function and needs. Not being aware of what had occurred with the application process, Mayor Comerchero encouraged Ms. Crall to apply for grant funding for the above-mentioned organization at a future time. R:\Minutes\110805 4 As a Board of Director of the Boys and Girls Club, Councilman Naggar abstained with regard to this item. MOTION: Councilman Washington moved to approve the recommended $5,000 grant funding for the Boys and Girls Club. Councilwoman Edwards seconded the motion and voice vote reflected approval with the exceotion of Councilman Naggar who abstained and Councilman Roberts who was absent. Commending Ms. Crall on the benefits of the Court Appointed Special Advocate Program, Councilman Washington addressed the needs the children of this program have, In light of the enrichment this organization provides to this community, Mr. Washington requested that the City Council consider the approval of a donation to the Temecula Valley Master Chorale, MOTION: Councilman Washington moved to approve staff recommendation along with a $1,500 grant to the Temecula Valley Master Chorale. Councilman Naggar seconded the motion. (Additional discussion ensued prior to the vote; see below.) In response to Mayor Comerchero, Councilman Naggar, as one of the Community Service Funding Ad Hoc Subcommittee member, clarified that one of the primary criteria for grant consideration was that the funding remain in the City of Temecula. For Councilwoman Edwards, Director of Finance Roberts noted that the Temecula Valley Master Chorale does not receive funding from the Arts Council which, in turn, does receive funding from the City. At this time, Mayor Comerchero recommended approval of the requested funding for the Temecula Valley Master Chorale contingent upon funding not being duplicated. It was the consensus of the City Council that if the City were to consider granting funds to organizations that as well are receiving funding from another City source, the City Council should be apprised. At this time, the electronic vote on the previously made motion reflected approval with the exceotion of Mayor Pro Tem Roberts who was absent. At 7:46 P.M" the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:50 P.M" the City Council resumed with regular business. COUNCIL BUSINESS 9 Public Meetina to consider the formation of a Tourism Business Improvement District to promote Tourism in the Temecula Vallev RECOMMENDATION: 9.1 Conduct a public meeting to consider the formation of a Tourism Business Improvement District. R:\Minutes\110805 5 Assistant City Manager O'Grady presented a brief staff report (of written record), noting that the purpose of this meeting would be to provide the City Council, the community, and the lodging establishments affected by this assessment with information about the proposed District and that no Council action would be required at this meeting. Providing a brief history of the Convention of Visitors' Bureau, Ms. Pamela Voit, representing the Chamber of Commerce, spoke in support of the formation of the Temecula Valley Tourism Improvement District; thanked the City Council for its affirmations and financial support to the Convention of Visitors' Bureau; and introduced Ms. Kimberly Adams, Executive Director of the Temecula Valley Convention of Visitor's Bureau. By way of a PowerPoint presentation, Ms. Adams highlighted the following regarding the Temecula Valley Convention and Visitors' Bureau: . History . Mission . Goals . Budget . Advisory Board . Marketing Ms. Adams introduced three of the 14 supporting Hotel General Managers who, in turn, expressed their support of the District, as follows: . Mr. Doug Leiber Ms. Rachel Blake Mr. Ken Westmeyer - Temecula Creek Inn - Embassy Suites . . The above-mentioned individuals spoke in support of the proposed District for the following reasons: . Ensuring future success for tourism in the Temecula Valley . Marketing and branding Temecula as a destination - ultimately benefiting all business within the City of Temecula For the City Council, Ms. Adams, Assistant City Manager O'Grady, City Attorney Thorson, and Mr. John Lambent (Assessment Lawyer), noted the following: . That the City's existing Transient Occupancy Tax (TOT) of 8% is lower than that of neighboring cities; that the TOT would not be increased . That the proposed District would impose an additional 2% assessment . That if the City Council were to vote to form the District, the District would be formed for a one-year period; that each year, thereafter, the Council would be asked to consider the continuation of the District; that District participation, each year, would be majority protest . That a nominal percentage would be allocated in the budget for contingency or renewal, viewing it more as a safety net item . That all new properties within the District would be automatically assessed . That the assessment would be on the business and not on the parcel . That once a business has obtained its business license, it would have the right to vote R:\Minutes\110805 6 . That the Bureau will not have the ability to incur debt . That the yearly budget will be recommended to the City Council by the Advisory Board for approval It was the consensus of the City Council to receive and file this report, noting that the public hearing for this particular item has been set for December 13, 2005. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment. CITY ATTORNEY'S REPORT There being no Closed Session, City Attorney Thorson advised that there were no actions to report. ADJOURNMENT At 8:16 P.M" the City Council meeting was formally adjourned to Tuesday, November 22,2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk R:\Minutes\110805 7 ITEM NO.3 Approvals City Attorney Director of Finance City Manager fb~ 1112.. fJ. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 13, 2005 SUBJECT: List of Demands ~ PREPARED BY: Pascale Brown, Senior Accountant Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for teview and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or:authorized resources of the City and have been recorded in accordance with the City's policies and I?rocedures. Attachments: Resolution and List of Demands RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA, 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, have been reviewed by the City Manager's Office, and that the same are hereby allowed in the amount of $3,945,836.42 . Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 13"d day of December, 2005. Jeff Comerchero, Mayor Attest: Susan W. Jones, MMC Citry Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and regularly adopted by the City Council of the City ofTemecula at a meeting thereof, held on the 13nd day of December, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk apChkLst Final Check List Page: 1 11/17/2005 12:43:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 597 11/1712005 000444 INSTATAX (EDD) State Disability Ins Payment 20,027,76 20,027.76 598 11/17/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 76,553.98 76,553.98 599 11/1712005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 18,164,19 18.164.19 600 11/1712005 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 107,532.07 107,532.07 601 11/1712005 000389 U S C M WEST (OBRA), OBRA. Project Retirement Payment 3,068,52 3,068.52 103847 11/17/2005 004594 2 HOT ACTlVEWEAR Sewing Uniform Patches: Police 458.48 TCSD Sports Prgm Awards 183,78 642.26 10;3848 11/17/2005 004064 ADELPHIA 11/11-12/10 high speed internet svcs RR 46,95 46,95 103849 11/17/2005 009033 ALLEN, STEVEN L. Photographic svcs:Family Carnival 230,00 230.00 103850 11/17/2005 006915 ALLIE'S PARTY EQUIPMENT Hot Summer Nights equip rental 473.54 Hot Summer Nights equip rental 333,90 807,44 103851 11/17/2005 004446 AMERICAN SOCIETY OF CIVIL Membership: Steve Beswick 354626 245.00 245.00 103852 11/17/2005 008279 AMERICOMP INFOSYSTEMS INC Computer software: Dreamweaver 404,06 Computer Software: Microsoft Office 253,21 657,27 103853 11/17/2005 000101 APPLE ONE INC Temp help PPE 10/22 Kasparian 655.20 Temp help PPE 11/05 Kasparian 655.20 Temp help PPE 10/29 Kasparian 655.20 Temp help PPE 10/29 Shelton 546.00 Temp help PPE 11/05 Shelton 546.00 Temp help PPE 10/01 Perkins 348.08 Temp help PPE 10/08 Perkins 273.00 Temp help PPE 10/15 Perkins 68.25 3,746,93 103854 11/17/2005 001323 ARROWHEAD WATER INC Bottled wtr svcs @ Chaparral Pool 111,91 Bottled wtr svcs @ TES Pool 47,26 159,17 103855 11/17/2005 004778 BERRYMAN & HENIGAR INC B/13-1 0/14 design:R.Calif Widening 722.34 722.34 103856 11/17/2005 009529 BIENVENUE, DAVID Reimburse devel. fees: PA05-02BO 135.00 135.00 Page:1 apChkLst Final Check List Page: 2 11/17/2005 12:43:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103857 11/17/2005 004829 BOB WILSON INC Nov '05 State lobbyist svcs 3,500.00 3,500,00 103858 11/17/2005 009437 BRENNER FIELDER & Harveston Lake pump parts 15.70 15.70 103859 11/17/2005 009530 BURN INSTITUTE - INLAND RegistSpirit Awards Banquetfire staff 200,00 200.00 103860 11/17/2005 008780 BYROM.DA VEY INC Oct prgss:Sprts Cmplx Synthetic Turf 315,000.00 315,000,00 103861 11/17/2005 004462 C D W GOVERNMENT INC equip: conference call phone 783.41 783,41 103862 11/17/2005 009067 CALIF BANK & TRUST Rei Retention Esrw Edge Devel:T.Ubrary 15,625,65 15,625.65 103863 11/17/2005 000647 CALIF DEPT OF CONSUMER License Renewal fees:Odviar 59602 125.00 125.00 103864 11/17/2005 000790 CALIF DEPT OF PESTICIDE Membership: Matthew S. Wiechec 60.00 ,60,00 103865 11/1712005 002803 CANTY ENGINEERING GROUP Weed abatement admin svcs 3,500,00 3,500,00 103866 11/17/2005 003349 CAROUSEL CARRIAGE Old Town horse drawn vehicle 750.00 750.00 103867 11/17/2005 000137 CHEVRON USA INC City vehicles fuel:Police Dept 894,19 City vehicles fuel:Police/CM 337,25 1.231.44 103868 11/17/2005 009095 CHURM PUBLISHING INC Sept C.Museum Ad:lnland Empire Mag. 645,00 645.00 . 103869 11/17/2005 005708 CLEAR CHANNEL Broadcasting ESG in Old Twn 390,00 390,00 103870 11/17/2005 009028 COMMUNICATIONS USA INC Communication radios:theater staff 1.450.32 1,450,32 103871 11/17/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 120,50 120,50 103872 11/17/2005 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repairs @ CRC 195.00 195,00 103873 11/1712005 005766 DATA BUSINESS SYSTEMS INC laser W-2/1 ag9-Misc forms 256,35 256,35 103874 11/1712005 002990 DAVID TURCH & ASSOCIATES Nov Federal lobbyist svcs 3,350,00 3,350,00 Page2 apChkLst Final Check List Page: 3 11117/2005 12:43:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103875 11/17/2005 009518 DESTINY CENTER MINISTRIES Refund: Security DepstCRC 150,00 150.00 103876 11/17/2005 003006 DEWITT CUSTOM PAINTING Facade impr prgm: Enchanted Shire 2,800,00 2,800.00 103877 11/1712005 003945 DIAMOND ENVIRONMENTAL portable restroom:Riverton Park 57,16 portable restroom:Veterans Prk 57.16 portable restroom:Lng Cnyn Prk 57.16 portable restroom:Vail Ranch Prk 55.78 227,26 103878 11/17/2005 000684 DIEHL EVANS & COMPANY LLP Audit RDA Indebtedness/Controllers rpt 2.600,00 2,600,00 103879 11/17/2005 009464 DISTELEC SUPPLY COMPANY Graffitti wipes: PW Traffic 59,95 59,95 103880 11/17/2005 002701 DIVERSIFIED RISK Oct 05 special events premiums 4,255.70 4,255.70 103881 11/17/2005 001714 DREAM ENGINEERING INC design:Vail Ranch bsktballlighting 1.000,00 1,000,00 103882 11/17/2005 007319 EAGLE ROAD SERVICE & TIRE PW Backhoe tire repair 104.93 PW Backhoe tire repair 56.50 161.43 103883 11/17/2005 005880 EDGE DEVELOPMENT INC. Oct Library Construction Prgss Pmt 140,630.65 140,630.65 103884 11/17/2005 005115 ENTERPRISE RENT A CAR INC Van Rental for MPSC 180,83 Van Rental for Planning Dept. 137.72 318,55 103885 11/17/2005 001056 EXCEL LANDSCAPE Oct Idscp impr: Slope areas 2,505.36 Credit: 50# 7022 is not completed .544.40 1,960,96 103886 11/17/2005 000478 FAST SIGNS Library construction sign modifkations 122,62 122,62 103887 11/17/2005 000165 FEDERALEXPRESSINC Express mail services 87.91 87.91 103888 11/17/2005 004000 FENCING BY ACREY INC Res impr prgm: Kramer, Wilson 3,275,00 Res impr prgm: Mietschnig, Herman 3.000,00 6,275.00 103889 11/17/2005 000166 FIRST AMERICAN TITLE Lot book report: Murphy 75.00 Lot book report: Williams 75.00 150,00 Page:3 apChklsf Final Check list Page: 4 11/17/2005 12:43:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103890 11/1712005 003347 FIRST BANKCARD CENTER HANDLERY UNION SQUARE ME Htl:League of Cities: 1 0/6.8/05 400,62 GROUP MOBILE INT'L LLC TT Computer supplies:Car Adapter 390.00 DOUBLETREE HOTEL TT Htl: MISAC Conf:10/16-18 363.42 HILTON SN LA hotel for Sister City trip 158.46 LEAGUE OF CALIF CITIES JM Registlegislative brief cf:11/16-17 140,00 PECHANGA RESORT & CASINO WH Refreshments: PW mnte Qtrly Mtg 116,34 FRY'S ELECTRONICS TT Computer supplies:NC adapter 107.74 ROSAS CANTINA RESTAURANT TT refreshments: Dept teambldg 94,85 PAT & OSCARS RESTAURANT SJ Refreshments: Council Closed Session 93.68 GOOD GUYS TT Bluetooth hands free equip 87,26 KIESUB ELECTRONICS INC TT Treo phone holster 64.00 GEOTRUST INC . TT Software maint w/RapidSSL 60.00 RIVERSIDE CO CLERK & SJ Duplicates of official records 59,00 TEMECULA FLOWER CORRAL SN Plant for Bob Brown 51.67 DYNAMIC GRAPHICS INC TT Dynamic Graphics subscription 36,00 INTL INSTITUTE OF MUNICIPAL SJ Book:Guide to Minute Taking 31,79 EARTHLlNK INC TT Council members intemet svcs 21,95 VERIZON WIRELESS LLC TT CM Treo phone holster 21.54 MARIE CALLEND~R SJ Refreshments: Council Closed Session 12.98 2,311,30 103891 11/17/2005 004239 FISHER SEHGAL YANEZ INC Comm. Theater Reimbursable jtems 1,107.50 1,107.50 103892 11/17/2005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75,00 75,00 103893 11/17/2005 004178 FREEDOM SIGNS Facade prgm: The Bam 3,017.00 3,017.00 103894 11/17/2005 009097 FULL COMPASS SYSTEMS Comm. Theater Instrcable 15ft 73.22 73.22 103895 11/17/2005 005405 GILLILAND, ROBIN Reimb: Refreshments:Japanese guest 139.90 139,90 103896 11/17/2005 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 53,16 53.16 Page:4 apChkLst Final Check List Page: 5 11/17/200S 12:43:S7PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103897 11/17/2005 000186 HANKS HARDWARE INC Hardware supplies:Fire Dept 493,59 493,S9 103898 11/17/2005 002372 HARMON, JUDY TCSD instructor earnings 235.20 235,20 103899 11/17/2005 002126 HILL YARD FLOOR CARE SUPPLY CRC gym floor refinishing supplies 60,97 60,97 103900 11/17/2005 005748 HODSON, CHERYL A, Support Payment 24.55 24.55 103901 11/17/200S 003198 HOME DEPOT, THE Res impr prgm: Kudalis, Stephen 1,501.00 1,501.00 103902 11/17/2005 001517 HORIZON HEALTH Nov 05 Employee Assistance Program 799.47 799.47 103903 11/17/2005 000193 ICMA Membership: G. Yates 265743 971.44 971.44 103904 11/17/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 9,305.26 9,305.26 103905 11/17/2005 007981 I D EDGE INC Computer supplies: Quickcam 157.40 157.40 103906 11/17/2005 004406 IGOE & COMPANY INC Nov flex. benefit plan pmt 294,55 294.55 103907 11/1712005 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 260,00 260,00 103908 11/17/2005 009537 JANET R. BINGHAM, TRUSTEE OF Refund: George & Anna Gunn Marston 10.00 10.00 10:>909 11/17/2005 009519 JET SET CLEANING Refund: Security Depst: CRC 150,00 150.00 103910 11/17/2005 003046 K FRO G 95,1 FM RADIO Broadcasting ESG event in Old Twn 783,00 783.00 103911 11/17/2005 005988 KEEFER, BRIAN p, Reimburse devel fees:PA05-0281 135,00 135,00 103912 11/17/2005 009536 KELLER, TAMMY Refund: Youth Dining & Social Etiquette 43.00 43,00 103913 11/17/2005 001091 KEYSER MARSTON ASSOCIATES Oct affordable housing svcs 1,783,75 1,783.75 103914 11/17/2005 004051 LOR GEOTECHNICAL GROUP Oct geotech tstg:pechanga Pkwy 1.357.50 Pechanga Pkwy backfill of RCB 340,00 1,697.50 PageS apChkLst Final Check list Page: 6 11/17/2005 12:43:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103915 11/1712005 008680 LA.Z.BOY 3 rocker recliners: Fire Stn 84 1,642.11 1,642,11 103916 11/17/2005 006744 LAMAR CORPORATION, THE Nov billboard lease-Old Town 2,900.00 Chg-outs Old Town billboard 990,00 3,890,00 103917 11/17/2005 009000 LANG, SILVIA Refund: Cathy's Dance Hip Hop 8-12 73,75 73,75 103918 11/17/2005 000482 LEIGHTON CONSULTING INC 8/29-10/2 Geotech svcs: Library 22,879,70 7/25-8/28 Geotech svcs: Library 20,380,51 43,260.21 103919 11/17/2005 003286 LIBRARY SYSTEMS & SERVICES Oct svcs.library system agrrnnt 11,492,12 Oct svcs-library system agrrnnt 1,293.23 12,785.35 103920 11/17/2005 003726 LIFE ASSIST INC Paramedic Medical Supplies 1,855,17 1,855.17 103921 11/17/2005 004087 LOWES INC Small tools for Fire Stn 92 470,21 470,21 103922 11/17/2005 004141 MAINTEX INC custodial supplies: Community Theater 218.03 custodial supplies: CRC 69.00 287,03 103923 11/17/2005 007525 MANSOUR, FARAH Refund: Security Depst: CRC 150.00 150.00 103924 11/17/2005 009532 MARKHAM DEVELOPMENT MGMT Refund:application withdrawn/11 03-Paine 1,085.10 1,085.10 103925 11/17/2005 002693 MATROS, ANDREA TCSD Instructor Earnings 196,00 TCSD Instructor Earnings 84,00 280,00 103926 11/17/2005 000220 MAURICE PRINTERS INC Tem. Citizen Corps presentation folders 2,169,01 2,169.01 103927 11/17/2005 004894 MICHAEL BRANDMAN 8/27-9/30/05 prof svcs: Pechanga Pkwy 1,252,50 1,252.50 103928 11/17/2005 001866 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 336,00 TCSD Instructor Earnings 336,00 672,00 103929 11/17/2005 001892 MOBILE MODULAR Nov modular bldg rental:Fire Sin 92 832,40 832.40 103930 11/17/2005 004586 MOORE FENCE COMPANY Res Imprv Prgm: Runkel, Kris 6,745.00 6,745.00 103931 11/1712005 007011 MORRIS MYERS MAINTENANCE Oct mainl svcs:park r.rJpicnic shelters 5,354.00 5,354,00 103932 11/17/2005 003974 MOTIF BARBERSHOP QUARTET Perforrnance:Tree Lighting Event 11/28/05 200.00 200,00 Page:6 apChkLst Final Check List Page: 7 11/17/2005 12:43:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103933 11/17/2005 002925 NAPA AUTO PARTS auto parts & mise supplies: Paramedics 7.43 7.43 103934 11/17/2005 005959 NEW COVENANT FELLOWSHIP Refund: Sec. Deposit/Marg. Park Shelter 150,00 150,00 103935 11/17/2005 004512 NINYO & MOORE Sep geotech srvcs:barrier rail replace 522.00 522.00 103936 11/17/2005 008570 OFFICE MAX front reception area mods: Fire Prev 9,913.10 9,913.10 103937 11/17/2005 006721 OFFICEMAX. A BOISE COMPANY office supplies for Code Enforcement 43.68 43,68 103938 11/1712005 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 768,78 768,78 103939 11/17/<005 005850 PAISNER. WILLIAM Refund: Security DeposiUCRC 150.00 150.00 103940 11/17/2005 007591 PAUL LASLO & ASSOCIATES Emerg No.'s magnets: Public Safety Expo 787,61 787,61 103941 11/17/2005 001958 PERS LONG TERM CARE PERS long Term Care Payment 288,55 288.55 103942 11/17/2005 000249 PETTY CASH Petty Cash Reimbursement 517,15 517.15 103943 11/17/2005 009161 POLETTI, GUSTAVO TCSD Instructor Eamings 315.00 315.00 103944 11/17/2005 008916 PORTSMOUTH CONSTRUCTION rel.retention:City...vide concrete repairs 16,189,60 16.189,60 103945 11/17/2005 005042 PRECISION POOLS & SPAS Refund: permiU33008 Esser Ct 328,09 328.09 103946 11/17/2005 000254 PRESS ENTERPRISE COMPANY Oct grand opening ads: Community Theater 642,00 642.00 103947 11/17/2005 003697 PROJECT DESIGN 9/5-10/9/05 dsgn svc:Murr.Crk/Ovrlnd Ext 660.37 660.37 103948 11/17/2005 009525 PROVIDENCE ORTHODOX Refund: Sec. DeposilfTCC 150,00 150.00 103949 11/17/2005 004529 QUAID TEMECULA HARLEY. Oct motorcycles maint/repairs: Police 1,728.78 1,728.78 103950 11/17/2005 002612 RADIO SHACK INC replace ~ecurity monitor screen: Fire 323.24 323,24 Page:7 apChkLst Final Check List Page: 8 11/17/2005 12:43:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103951 11/17/2005 002072 RANCHO CALIF WATER DIST~ add'! meter depositMaint Fac Expan 221.25 221,25 103952 11/17/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 16,378.39 Various Water Meters 1,317.51 Oct 01-05~19384-1 Fire Stn 73 214.28 Nov 01~06~65006-0 C.ommunity Theater 145,23 Various Water Meters 71.72 Oct 01-05-19382-1 Fire Stn 73 53.06 Oct 01-06-84650-2 Old Town Front St 34,82 18.215.01 103953 11117/2005 004498 REPUBLIC ELECTRIC replace rsns signlbrckts:79/Camino del 1,135,50 1,135,50 103954 11/17/2005 000352 RIVERSIDE CO ASSESSOR Oct assessors maps: Building & Safety 12.00 12,00 103955 11/17/2005 000418 RIVERSIDE CO CLERK & Termination/Recon Fee: Lord/Bergon~RDA 27,00 27.00 103956 11/1712005 000268 RIVERSIDE CO HABITAT Oct '05 K-Rat payme~t 250,00 250,00 . ' 103957 11/17/2005 000955 RIVERSIDE CO SHERIFF SW STN Fall Car Show patrol svcs 10/7-8/05 13.441,17 Tractor Race patrol svcs 10/1~2105 4,048.17 Race for the Cure patrol svcs 10/16/05 2.246,30 19,735,64 103958 11/17/2005 000357 RIVERSIDE CO imprv plans/var. City tract maps:PW 88,00 88,00 103959 11/17/2005 002181 RIVERSIDE CONSTRUCTION Sep prg pmt #9:Win.Rd Widening PW0027 30,147.98 credit: c/o # 4 not authorizedlWin.Widen .8,247.98 21,900,00 103960 11/17/2005 001365 RIVERSIDE COUNTY OF renew health permitTCC 535,20 535.20 103961 11/17/2005 003587 RIZZO CONSTRUCTION INC mods to PW cf room/inspectors' 4,860,00 repair ice maker @ City Hall 306.00 5,166.00 103962 11/17/2005 000271 ROBERT BEIN WM FROST & Aug prof svcs: 1-15/79S Ult. Interchange 34,102,87 34,102,87 103963 11/17/2005 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283,50 283.50 103964 11/17/2005 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25,00 25.00 103965 11/17/2005 006815 SAN DIEGO, COUNTY OF Support Payment account # 581095025 12.50 12.50 103966 11/17/2005 009338 SEARCHLIGHTS OF SAN DIEGO sky beam tracker: Comm. Theater opening 1,815,59 1,815.59 Page:8 apChklst Final Check List Page: 9 11/17/2005 12:43:57PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103967 11/17/2005 008529 SHERIFF'S CIVIL DIV . CENTRAL Support Pmt LO File# 2005022657-$1 03.47 253.47 253.47. 103968 11/1712005 008823 SILVER STAR PAINTING Res Imprv Prgm: Blake, Phil and Diane 1.080,00 1,080,00 103969 11/17/2005 000537 SO CALIF EDISON Nov 2-01-202-7330 various mtrs 47,137,18 Nov 2-01-202-7603 various mtrs 17,159.01 Oct 2-00-397-5059 various mtrs 6,149,02 Oct 2-05-791-8807 various mtrs 5,194.57 Nov 2-02-351.4813 Harveston Dr 3,714,75 Nov 2-06-105-0654 various mtrs 1.852,39 Nov 2-26-887-0789 various mtrs . 1,340,55 Nov 2-10-331-1353 Fire Stn 84 883,41 Oct 2-24-151-6582 various mtrs 526.25 Nov 2-27-303-5618 Pechanga 74,10 84,031.23 103970 11/17/2005 ,009522 SOUND SHOP, THE City Mgr vehicle navigation system 1,918.61 1,918,61 103971 11/17/2005 000519 SOUTH COUNTY PEST CONTROL pest control svcs: Community Theater 84,00 pest control svcs: Fire Stn 84 80,00 pest control svcs: Community Thtr 10/20 52.00 pest control svcs: Community Thtr 10106 52,00 pest control svcs: Fire Stn 92 42,00 310.00 103972 11/1712005 007851 SOUTHCOAST HEATING & AIR 2nd qtr HVAC prev maint: City Facilities 2,683.00 2nd qtr HVAC prev maint: Maint Fac 160.00 2.843.00 103973 11/17/2005 003000 STATE WATER RESOURCES 7/1/05-6/30106 waste discharge fee/PW 9,609,00 9,609,00 103974 11/17/2005 009452 STRAWN, BILL Reimb:supplies for Community Theater 140,83 140.83 103975 11/17/2005 009531 SWANEY, KIMBERLY Refund: Sec. DeposiUCRC 150.00 150.00 103976 11/17/2005 '009534 SYCAMORE MINERAL SPRING Htl:constr inspection/Jan '06 303,02 303,02 103977 11/17/2005 006465 TEMECULA AUTO REPAIR Paramedic vehicle repairlmaint svcs 498,58 498.58 103978 11/1712005 006918 THORSON, TIM Reimb:MISAC Conf 10/16-18/05 263.92 263.92 103979 11/17/2005 000668 TIMMY D PRODUCTIONS INC OJ svcs: band jam 11/18/05 250.00 250,00 103980 11/17/2005 007668 TOM HENDERSON STUDIO Photography svcs: Theater grand opening 1.088,28 1,088,28 Page:9 apChkLst Final Check List Page: 10 11/17/2005 12:43:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103981 11/17/2005 005937 TOMCZAK, MARIA T, TCSD Instructor Earnings 119.00 119,00 103982 11/17/2005 009517 TORO AIRE vent fan for MPSC 176,62 176.62 103983 11/17/2005 000978 TRAUMA INTERVENTION PRGM 1 st atr Emerg. Response Vol. Prgm 2,442,00 2,442,00 103984 11/17/2005 004895 TUMBLES, JW. TCSD Instructor Earnings 266.00 TCSD Instructor Earnings 231,00 TCSD Instructor Earnings 202.13 TCSD Instructor Earnings 174.63 TCSD Instructor Eamings 134,75 TCSD Instructor Eamings 67,38 1,075.89 103985 11/17/2005 004759 TWIN GRAPHICS vehicle graphics: Police patrol units 2,144,23 vehicle graphics: Police patrol unit 96,98 2,241.21 103986 11/17/2005 004001 U C REGENTS Constr. InspectionfTrl Sgnls:1/30~31/06 195,00 195.00 103987 11/17/2005 005460 U S BANK Trustee Admin Fees:COPS/Arbitrage 4,400,00 4,400,00 103988 11/17/2005 009501 UTPGROUP Oct stage hand svcs: Community Theater 26,689,89 credit: amount exceeds purchase order .1,689,89 25,000.00 103989 11/17/2005 000325 UNITED WAY United Way Charities Payment 218.65 218.65 103990 11/17/2005 006807 VANIR CONSTRUCTION Sep Canstr Mgmt Svcs: Community Theater 28,741.92 Sep Cpmstr Mgmt: Roripaugh Fire Stn 18,656,44 47,398.36 103991 11/17/2005 004261 VERI20N Nov xxx~5072 general usage 4,796.59 Nov xxx-1341 Community Theater 355.80 Nov xxx.0073 general usage 216.66 Nov xxx~ 14 73 Police Storefront Stn 80.08 Nov xxx~1941 PTA CD TTACSD 56.93 Nov xxx-3851 general usage 40.19 Nov xxx-3910 1st 5t Irrigation 31.42 Nov xxx-5473 Moraga Rd 28.32 Nov xxx~8573 general usage 28,32 5,634,31 103992 11/17/2005 004848 VERI20N SELECT SERVICES INC Nov long distance phone svcs 843.76 843,76 103993 11/17/2005 009101 VISION ONE INC Sep Showare ticket sales:Comm. Theater 1,470,80 Oct Showare ticket sales:Comm. Theater 690,60 2.161.40 103994 11/17/2005 001342 WAXIE SANITARY SUPPLY INC custodial supplies: City Hall 286,51 custodial supplies: CRC 279,24 565.75 Page:10 apChklst 11/17/2005 12:43:57PM Final Check list CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 103995 11/17/2005 006612 WEATHERPROOFING TECH, INC roof preventative maintenance: CRC roof preventative maintenance: City Hall roof preventative maintenance: MPSC roof preventative maintenance: Maint Fac roof preventative maintenance: TCC roof preventative maintenance: T. roof preventative maintenance: W.Chapel 3,970.00 2,700,00 1,080.00 720.00 600,00 370.00 150,00 9,590,00 103996 11/17/2005 000621 WESTERN RIVERSIDE COUNCIL Oct '05 TUMF payment 14,496,00 14,496,00 103997 11/1712005 008402 WESTERN RIVERSIDE COUNTY Oct '05 MSHCP payment 4,707,00 4,707,00 103998 11/17/2005 009533 YOUNG OLYMPIANS, INC. Refund: Sec. DeposiVTCC 100,00 100.00 Grand total for UNION BANK OF CALIFORNIA: .1,210,339.21 Page:11 apChkLst 11/17/2005 12:43:57PM Final Check List CITY OF TEMECUlA Page; 12 157 checks in this report. Grand Total All Checks: 1,210.339.21 Page:12 apChklst 11/17/2005 12:43:S7PM Final Check list CITY OF TEMECULA Page: 13 Void Checks Bank code: union (none) Page:13 apChkLst Final Check List Page: 1 1210112005 2:08:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 602 12/01/2005 000444 INSTATAX (EDD) State Disability Ins Payment 20,000,10 20,000,10 603 12/0112005 000283 INSTATAX (IRS) Federal Income Taxes Payment 77,085,76 77,085,76 604 12/0i /2005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 21,483,09 21,483.09 605 12/0112005 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 108,851,58 108.851,58 606 12/01/2005 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,653.29 Child Care Reimbursement Payment 0,00 7,653.29 607 1210112005 000389 US C M WEST (OBRA), OBRA - Project Retirement Payment 2,902.44 2,902.44 608 1210112005 000245 PERS . HEALTH INSUR PREMIUM Blue Shield HMO Payment 0,00 PERS Health Admin Cost Payment 57,143,56 57,143.56 103999 1210112005 008239 4 PAWS TRAINING TCSD instructor eamings 1,470.00 1,470,00 104000 12/01/2005 005126 A E G SOLUTIONS Auto CAD drawing supplies:PW CIP 73.07 73,07 104001 12/01/2005 001985 A E P (ASSOC OF ENVIRO PROF) RegistNon-mbr fees:McCoy 25.00 25,00 104002 12/01/2005 003552 AFLAC AFLAC Cancer Payment 1,830,80 1,830.80 104003 12/01/2005 004064 ADELPHIA 11/22-12/21 high speed intemet svcs MN 46.95 46,95 104004 12/01/2005 009010 ALEXANDER PACIFIC Install conduits for Old Twn wireless 500,00 500,00 104005 12101/2005 008526 ALL STAR PROMOTIONS TCC Mayors Volunteer of the Yr Awd 107.75 107.75 104006 12/01/2005 009374 ALLEGRO MUSICAL VENTURES theater piano tuning & mntc svcs 995,00 995.00 104007 12/0112005 006915 ALLIE'S PARTY EQUIPMENT Equip rental for E.S.Gardner event 445.27 445.27 104008 12/01/2005 008279 AMERICOMP INFOSYSTEMS INC Computer supplies:Power supply 107.75 107.75 104009 12/01/2005 000101 APPLE ONE INC Temp help PPE 11/12 Shelton 546.00 Temp help PPE 11/12 Kasparian 524.16 1,070.16 Page:1 apChklst Final Check List Page: 2 12/01/2005 2:08:52PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104010 12/01/2005 003203 ARTISTIC EMBROIDERY Info System staff jacket & shirt 92,67 Info System staff shirt 35,56 128.23 104011 12/01/2005 002648 AUTO CLUB OF SOUTHERN Membership: ladonna Sullens 94109881 46.00 Membership:David Davis 65120445 46,00 92,00 104012 12/01/2005 004855 BABER, GABRIELE TCSD instructor earnings 481.60 TCSD instructor earnings 469.56 TCSD instructor earnings 361,20 TGSD instructor earnings 186.20 1.498.56 104013 12/01/2005 009473 BARNARD L TD Pickles for C.Museum exhibits 12,71 12,71 104014 12/01/2005 002381 BEAUDOIN, LINDA Retirement Medical Payment 598,10 598,10 104015 12/01/2005 009538 BENOIT, INA L, Old Town Santa Claus 11/26-27 250,00 Old Town Santa Claus 11/19-20 250,00 500.00 104016 12/01/2005 001080 BILLIARDS & BARSTOOLS MPSC Pool tables repairs 849.48 Credit: Ovrchged Sales Tax -6.11 843.37 104017 12/01/2005 004492 BMW MANAGEMENT INC. Refreshments:Holiday Lights Parade VIP 646,50 646.50 104018 12/01/2005 009437 BRENNER FIELDER & parts for Harveston lake fountain 42.47 42.47 104019 12/01/2005 003222 BROCKMEIER, CAROL Retirement Medical Payment 598,10 598,10 104020 12/01/2005 007243 BROOKSTONE employee recognition svcs awards 2,203.00 2,203,00 104021 12/01/2005 000128 BROWN & BROWN OF CALIF INC Insurance policy Comm. Theater 5,143.70 Insurance bond: J. O'Grady 350,00 5.493.70 104022 12/01/2005 009389 BROWN, ALISON Theater performance:lodging buyout 750.00 750.00 104023 12/01/2005 009082 C B C TECHNICAL INC Stage masking for the Theater 2,618.82 2,618.82 104024 12/01/2005 006908 C C & COMPANY INC Mr. & Mrs. Santa suit rentals 802.74 802,74 104025 12/01/2005 005384 CALIF BAGEL BAKERY & DELI Refreshments: Youth in Gov't day 312.48 Refreshments:Council closed session 261.29 573.77 104026 12/01/2005 008613 CALIF BANK & TRUST Rei Retention Esrw 2160075819 Wolf Crk. 89.464,94 89,464,94 Page:2 apChklst Final Check list Page: 3 12/01/2005 2:08:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104027 12/01/2005 004971 CANON FINANCIAL SERVICES, Nov lease pmt for City copiers 1,908.32 Nov copiers lease pmt:T.Museum/G.H. 203,58 Nov copier lease pmt for CRC/Aquatics 178,86 Nov copier lease pmt: Fire Stn 12 69.96 2,360.72 104028 12/0112005 002534 CATERERS CAFE Refreshments: CM business mtg 77.14 Refreshments: Stn 84 priority mtg 70,00. 147.14 104029 12/0112005 005417 CINTAS FIRST Ala & SAFETY First aid supplies: Mntc Fac 116,89 First aid supplies: City Hall 114,90 231.79 104030 12/0112005 007854 CLARY, JOHN Reimb: EMT Paramedic license renwl 130.00 130,00 104031 12/01/2005 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 112.50 112.50 104032 12/01/2005 000442 COMPUTER ALERT SVSTEMS Replace card access @ mntc fac 1,250.00 1,250.00 104033 12/0112005 002631 COUNTS UNLIMITED INC Citywide traffic count data collection 200.00 200,00 104034 12/0112005 006954 CRAFTSMEN PLUMBING & HVAC Plumbing svcs: Sam Hicks Prk 307,98 Plumbing repairs @ CRG 255.00 562,98 104035 12/0112005 004123 o L PHARES & ASSOCIATES Dec lease chrgs:Police storefront 2,141,58 2,141.58 104036 12/0112005 009513 OMS EXPRESS DANCE & DRILL Performance: Halloween & Harvest event 143.00 143.00 104037 12/0112005 009552 DEHLlNGER, KAREN Refund: Security DepstCRC 150.00 150.00 104038 12/0112005 004382 DEKRA UTE INC Lights for Duck Pond Holiday tree 747.63- 747.63 104039 12/0112005 008230 DOUGLAS E BARNHART INC 9/26-10/25 prgss:Wolf Crk Sprts Cmplx 805.184.06 Stop Notice: Gail Materials Inc. -82,665.24 722,518.82 104040 12/01/2005 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW Mntc 1.230.44 Fuel for City vehicles: TCSD 870,01 2,100.45 104041 12/0112005 002528 EAGLE GRAPHIC CREATIONS TCC volunteer recognition plaques 387,90 New employee glass mugs 65,94 New employee glass mugs 32.97 486,81 104042 12/0112005 009554 EAl V, TERRI Refund: Cathy's Dance 3-4 yrs 11.25 11.25 104043 12/0112005 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Dr ldscp 134.85 134.85 Page:3 apChklst Final Check list Page: 4 12101/2005 2:08:S2PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104044 12101/2005 008704 EDWARDS, MARYANN Reimb: League Ann'l Conf:10/5-8/05 172.64 172.64 104045 12/01/2005 002438 ENGEN CORPORATION Oct Geotech svcs:Ynez Pavement 4,421.25 Oct Geoteeh svcs:Field Operation Ctr 240,00 4,661.25 104046 12/0112005 009286 ENTERPRISE GROUP Copy paper for City-wide use 4,128.44 4,128.44 104047 12/01/2005 002939 ENVIRONMENTAL SYSTEMS ArcSDE SOL Server/units & Licenses 21,449.24 ESRI mntc & Are product primary/single 12,211.50 33.660.74 104048 12/01/2005 001056 EXCElLANOSCAPE Oct Idscp impr: Sprts Prks 911.54 Oct Idscp impr: Regan Sprts Prk 720.00 Install chain link fence Regan Spits Prk 600,00 Oct Idscp impr: Harveston Park 408,00 Oct Idsep impr: Slopes 359,81 2,999.35 104049 12/01/2005 000478 FAST SIGNS TCSO vehicle lettering w/city seal 61.61 1 st place Holiday Lights sign 16,16 77.77 104050 12/01/2005 000165 FEOERAl EXPRESS INC Express mail services 156.36 156.36 104051 12/01/2005 000206 FEOEX KINKOS INC Attorney eopy sves:Stampede Prkg lot 1,422,22 Stationery paper/mise supplies 29.03 1,451.25 104052 1210112005 000166 FIRST AMERICAN TITLE lot Book Report: Marc Matuzak 75.00 75.00 104053 12/01/2005 003347 FIRST BANKCARD CENTER ENTERPRISE RENT A CAR INC DU Car Ren1al:APA Cf:Fisk:10/28-11/2 670.76 MILANOS DU Refreshments:Commission Mtg 327.45 SAN DIEGO REGIONAL TRN CTR DU RegistWriting for Results:McCoy 245.00 MILANOS DU Refrshmnts:Code Enforce.@ Theater 193,80 WEBREGPRO DU Regist IES-APA Sem:West11/16 95.00 lac CONFERENCE CALL SVCS DU Conference call support svcs 73,76 OLD TOWN DINING LLC DU Refreshments:Commission M1g 58.91 WEBREGPRO DU RegistIES-APA Sem:6ales:11/16 50,00 1,714,68 104054 1210112005 009549 FISK. STUART Reimb: CCAPA Conf: 10/28-31/05 151,10 151,10 104055 12/0112005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75,00 75,00 Page:4 apChklst Final Check List Page: 5 12/01/2005 2:08:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104056 12/01/2005 004178 FREEDOM SIGNS Fac impr prgm:Stellar Cellar 4,794.88 Fac impr prgm: I Love Clocks 3,663.50 Fac impr prgm: Enchanted Shire 1,858,69 10,317.07 104057 12/01/2005 008416 FRONTBRIDGE TECHNOLOGIES Oct Citywide E-mail Spam Filtering 287.50 287,50 104058 12/01/2005 007866 G'C S SUPPLIES INC Printer toner supplies:Citywide 929,00 Printer toner supplies:Citywide 215,59 Printer toner supplies:Citywide 173.75 1,318.34 104059 12101/2005 000177 GLENNIES OFFICE PRODUCTS Office Supplies:Fire Dept 1,345.24 1,345.24 104060 12101/2005 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prevo 47,79 47.79 104061 12/01i2005 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 133.00 TCSD instructor earnings 112,00 TCSD instructor earnings 108.50 353.50 104062 12101/2005 000520 H'D L COREN & CONE INC OcUDec 05 Property tax consulting 3,600,00 3,600,00 104063 12/01/2005 005311 H20 CERTIFIED POOL WATER Oct CRCfTES pool svcs & supplies 2,201.04 Credit: Unauthorized items .501.04 1,700.00 104064 12101/2005 001135 HEAL THPOINTE MEDICAL Oct Pre-employment physicals 75,00 75,00 104065 12101/2005 002906 HEMET FENCE COMPANY Res lmpr Prgm: Juarez 2,104.00 2,104.00 104066 12/01/2005 003106 HERITAGE SECURITY SERVICES Security guards for Theater opening 2,001.00 2.001.00 104067 12101/2005 009553 HERPY.DEANN Refund: Security Depst: eRC 400.00 400.00 104068 12101/2005 004811 HEWLETT PACKARD HP Compaq Tablet computer 2,318.31 HP AII-in-one LaserJetSkate Prk 677.75 Express Mail for HP LaserJet 270.00 3,266.06 104069 12/01/2005 002107 HIGH MARK INC Voluntary Supp Life Insurance Payment 760.50 760,50 104070 12101/2005 005748 HODSON, CHERYL A. Support Payment 30,69 30,69 104071 12/01/2005 009060 HONG, SOOHYANG Refund: SMART Knott's/Raging Wtr 30,00 Refund: Creative Beg. for Parents/Me 25.00 55,00 104072 12101/2005 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 9,868,56 9,868,56 PageS apChklst Final Check List Page: 6 12/01/2005 2:08:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104073 12/01/2005 005874 I E BIKES safety poster contestbicycles/helmets 3.017,00 3,017,00 104074 12/0112005 000388 INTL CF BLDG OFFICIALS (ICBO) Bldg Inspection Certif.Forme, G. 50.00 50.00 104075 12/01/2005 001186 IRWIN, JOHN TCSD instructor earnings 231,00 TCSD instructor earnings 172.20 403,20 104076 12/01/2005 003046 K F RO G 95.1 FM RADIO Spark of Love Radio Advertising 500.00 500.00 104077 12/01/2005 000820 K R W & ASSOCIATES Oct engineering plan check svcs 2.100,00 2,100.00 104078 12/01/2005 004115 K T U & ASSOCIATES Mar open space trails rnstr design 5,748.10 5,748.10 104079 12/01/2005 002789 KIMCO STAFFING SERVICES INC Temp help PPE 11/20 Shinkle 362.80 382,80 104080 12/01/2005 004481 KIMLEY HORN & ASSOCIATES Sept design:Multi-Purpose Trail Prjt 29,126.79 Credit items not part of agrmt .49,79 29,077.00 104081 12/01/2005 001282 KNORR SYSTEMS INC Pool supplies:Aquatics pgrm 1,334.26 Pool Mntc supplies:Clamp rings 8.53 1,342,79 104082 12/01/2005 000945 L P S COMPUTER SERVICE City Hall printer repairs 390.54 390.54 104083 1210112005 000869 LAWRENCE WELK RESORT Sr excursion:Welk Christmas: 12/9/05 350,00 350.00 104084 12/0112005 009388 LETS GET PERSONAL Bldg & Safety staff uniform shirts 1,925.38 Uniform shirts:Code Enforcement 966.17 2,891.55 104085 12/01/2005 000213 LOCAL GOVERNMENT Membership: Thornhill, Gary 75,00 75.00 104086 12/0112005 005963 LORMAN EDUCATION SERVICES RegistMixed-Use Cf:TT1JR:1125 678,00 678.00 104087 1210112005 006897 LORY, SUSAN, J. TCSD instructor earnings 395,85 TCSD instructor earnings 327,60 TCSD instructor earnings 273,00 TCSD instructor earnings 262,77 TCSD instructor earnings 218.40 TCSD instructor earnings 218.40 TCSD instructor earnings 214,99 TCSD instructor earnings 122.50 TCSD instructor earnings 3.42 2,036,93 PageS apChkLst Final Check List Page: 7 12/01/2005 2:08:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104088 12/01/2005 008610 M C R STAMPS OJ svcs: High Hopes Prgm 11/18/05 25,00 25.00 104089 12/01/2005 003782 MAIN STREET SIGNS street name signs: PW Maint Div 3.170.54 "No Trucks" signs:Harveston Comm. Prk 83,18 3,253.72 104090 12/01/2005 004141 MAINTEX INC custodial supplies: CRC 274.36 custodial supplies: MPSC 164,24 custodial supplies: T. Museum 141.52 custodial supplies: City Hall 140,24 custodial supplies: CRC 119,28 custodial supplies: T. Museum 115,08 954.72 104091 12/01/2005 001967 MANPOWER TEMPORARY Temp help w/e 10/30 JD/JH/DH/KN 4,146.68 Temp help w/e 11/06 JD/JH/DH/KN 3,750.92 Temp help w/e 11/13 JH/OH/KN 2.764,28 10,661.88 104092 12/01/2005 004307 MARINE BIOCHEMISTS Nov water maint:Harveston Lake/Dck Pnd 4.855,00 4,855,00 104093 12/01/2005 009544 MARK p, ESBENSEN, INC refund:overpmUnotice of determination 14,00 14,PO 104094 12/01/2005 000220 MAURICE PRINTERS INC Career Opportunities Folders: HR Dept 1,791.88 1,791.88 104095 12/01/2005 009550 MCCOY, VERONICA reimb: '05 CCAPA Conf 10/29-11/02/05 229,34 229.34 104096 12/01/2005 006571 MELODY'S AD WORKS marketing svcs: O.T. Dickens Holiday 3,000,00 reimb expenses:O.T. Christmas wreaths 311.45 reimb expenses:E.S.G./Halioween 96,29 reimb expenses:O.T. Dickens Holiday 83,58 3,491.32 104097 12/01/2005 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,488. 76 ~ 8,488.16 104098 12/01/2005 007210 MIDORI GARDENS Oct Idscp maint: City neighborhood parks 45,639.00 Oct Idscp maint: T.H.S. Tennis Courts 590,00 46,229,00 104099 12/01/2005 008091 MILLMORE'S WAX CREW City vehicles detailing svcs: B&S Oept 125,00 City vehicles detailing svcs:CIP/Land 125.00 City vehicles detailing svcs:CIP/Land 75.00 City vehicles detailing svcs: B&S Dept 60,00 385,00 104100 12/01/2005 001384 MINUTEMAN PRESS stationery/envelopes: Finance 253.36 business cards: J. Hall 115.55 business cards: City Hall reception area 43,37 412,28 104101 12/01/2005 004534 MOBILE SATELLITE VENTURES Dee EOC Stn Satellite Phone Svcs 71,89 , 71.89 Page:? apChklst Final Check list Page: 8 12/0112005 2:08:52PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104102 12/01/2005 008922 MOSS, JENNIFER Refund:Tiny Tots - Fab 4 & 5's 59.00 59,00 104103 12/01/2005 002925 NAPA AUTO PARTS equip partslsupplies: PW Maint Div 158.31 equip parts/supplies: PW Maint Div 7,29 165.60 104104 12/01/2005 008820 NEIGHBORS NEWSPAPER Nov Old Town holiday events ad: RDA 295.00 295.00 104105 12/01/2005 000233 NELSON, SHAWN reimb: Nov internet svcs 44,95 44.95 104106 12/01/2005 002037 NEXUS INTEGRATION SERVICES Install cables: Skate Park office 462.02 462.02 104107 12/01/2005 008528 NICHOLS. MElBURG & ROSETTa Oct consulting svcs: Civic Center Cmplx 3.820,00 3,820,00 104108 12/01/2005 009337 NOLTE ASSOCIATES INC Oct dsgn svcs: Bridge Fencing Prjl 1,762.00 1,762,00 104109 12/01/2005 002139 NORTH COUNTY TIMES Oct Halfoween/E.S.G. event ads: R:DA 1,670,56 Oct legal noticlps: PW/Planning 496.32 2,166.88 104110 12/01/2005 008570 OFFICE MAX front reception area mods: Fire Prev 133.98 133.98 104111 12/01/2005 006721 OFFICEMAX . A BOISE COMPANY misc office supplies: Finance 202.43 misc office supplies: Finance 191,95 office supplies: Code Enforcement 60.11 misc office supplies: Finance 58,63 misc office supplies: Finance 51,82 misc office supplies: Finance 32.23 597.17 104112 12/01/2005 002105 OLD TOWN TIRE & SERVICE City Vehicle R~pair/Maint Svcs 288.06 City Vehicle Repair/Maint Svcs 70,00 City Vehicle Repair/Maint Svcs 55.00 City Vehicle Repair/Maint Svcs 55,00 468,06 104113 12/01/2005 001171 ORIENTAL TRADING COMPANY TCSD special events supplies 742.12 supplies for Team Pace events 179,50 921.62 104114 12/01/2005 009551 ORR, MERCEDES M. Refund: Therapy Dog Preparation Class 25,00 25.00 104115 12/01/2005 002256 P & D CONSULTANTS INC Sep temp help inspection svcs: Henderson 13,984.80 13,984,80 104116 12/01/2005 006939 PAINT CONNECTION, THE Res Imprv Prgm: Rotell, Joseph 3,437,50 3,437.50 Page:8 apChklst Final Check List Page: 9 12/01/2005 2:08:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104117 12/01/2005 003218 PELA Sep-Oet plan check svcs: Planning 10,440.00 Sep-Oet Idscp pin ck: Murr.Crk M/P Trail 2,520.00 Sep-Oet Idscp pin ek: P.B. Sports 1,485.00 Apr/Sep irrigation inspeetions:Comm.Thtr 1,170.00 15,615.00 104118 12/01/2005 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288,55 104119 12/01/2005 000249 PETTY CASH Petty Cash Reimbursement 411,65 411.65 104120 12/01/2005 000580 PHOTO WORKS OF TEMECULA Oct photo development/film: CIPfTCSD 59.11 59.11 104121 12/01/2005 001999 PITNEY BOWES Jan-Mar postage meter rental: Copy 269.11 Dee-Mar postage meter deposit: Stn 84 90.36 359.47 104122 12/01/2005 000252 POL YCRAFT INC screen print/City seal decals:bus 1,497.19 1,497.19 104123 12/01/2005 000253 POSTMASTER P.O. Box 892050 fee pmt: Police Dept. 410.00 410,00 104124 12/01/2005 000253 POSTMASTER Express Mail & Postal Svcs 53,55 53,55 104125 12/01/2005 005820 PRE.PAID LEGAL SERVICES INC PrePaid Legal Services Payment 359.75 359,75 104126 12/01/2005 000254 PRESS ENTERPRISE COMPANY Oct Planning recruitment ads 349.21 349.21 104127 12/01/2005 002880 PRO.CRAFT SASH & SUPPLY Res Imprv Prgm: Miller, Rhett & Laura 7,500,00 Res Imprv Prgm: Peters, Bonnie 7,500.00 Res Imprv Prgm: Cruz, Hugo & Yessica 6.550,00 21,550,00 104128 12/0112005 001364 R C P BLOCK & BRICK INC graffiti removal supplies: PW Maint Div 607.71 607.71 104129 12/01/2005 008651 R M F CONTRACTING tNC Sep prgs pmt: V.RM.S. b-ball court 21,981.60 C/O #1 pmt: V.R.M.S. b-ball court 3,554,10 25,535.70 104130 12/01/2005 002612 RADIO SHACK INC misc. computer supplies: I.S. Dept 43,06 43,06 104131 12/01/2005 000728 RAMSEY BACKFLOW & repair backflow device: 30765 Hwy 79S 139,00 test backflow devices:various City 80,00 test backflow devices: various City 70.00 289.00 104132 12/01/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 18,438,72 Nov 01-04-47210-0 T.E.S. Pool 753.86 Various Water Meters 494.53 Nov 01-04-1 0033-2 Margarita Rd 92,16 19,779.27 page:9 apChkLst Final Check List Page: 10 12/01/2005 2:08 :S2PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104133 12101/2005 003591 RENES COMMERCIAL AquaMaster application: City channels 12,500,00 12,500,00 104134 12101/2005 002110 RENTAL SERVICE rental equipment: PW Maint Div 21.70 21,70 104135 12/0112005 004498 REPUBLIC ELECTRIC Oct extra on-call traffic signal maint 1,618.01 1,618.01 104136 12/01/2005 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 122.50 TCSD Instructor Earnings 84,00 206,50 104137 12/01/2005 008928 RIGEL PRODUCTS & SERVICE equip repair/maint svcs: PW Maint Div 364.53 364.53 104138 12/0112005 005785 RIVERSIDE CO EMS renew paramedic license: J. Clary 50.00 50,00 104139 12/01/2005 003587 RIZZO CONSTRUCTION INC repair stairslhandrailing:McLaughling 4,543,00 wall repair: HWY 79/Avenida de 2,496,00 7,039.00 104140 12/0112005 009546 ROBINSON, HAROLD Refund: adv modern square dance 20.00 20,00 104141 12/01/2005 001942 S C SIGNS Aug public ntc postings: Planning 765.00 Sept public ntc postings: Planning 255,00 1.020.00 104142 12/01/2005 004598 S T K ARCHITECTURE INC Oct dsgn svcs: Roripaugh Fire Stn 2,123,55 2,123,55 104143 12/01/2005 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,062.32 1,062,32 104144 12101/2005 008693 SALAZAR, DONALD (SWD 000053) Support Payment 283.50 283.50 104145 12101/2005 001288 SAN DIEGO BUSINESS JOURNAL annual subscription: Economic Dev. 69.00 69,00 104146 1210112005 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25,00 104147 12/01/2005 000278 SAN DIEGO UNION TRIBUNE Oct display ad: Community Theater 167.50 167.50 104148 12/0112005 006815 SAN DIEGO, COUNTY OF Support Payment Acct #581095025 12,50 12,50 104149 12/0112005 006615 SCAN NATOA INC FY 05/06 membership dues:P.Ruse 75.00 75.00 104150~ 12/0112005 003492 SCHOLASTIC SPORTS, INC, C.H.S. sports poster sponsor ad: Medics 139.00 139.00 Page10 apChkLst Final Check List Page: 11 12/0112005 2:08:52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104151 12101/2005 009412 SEASONAL REFLECTIONS Christmas wreaths: Old Town 3,544.40 3,544.40 104152 1210112005 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO FHe # 2005033893 150.00 150,00 104153 12101/2005 004609 SHREDFORCE INC Nov doc. shredding svcs: Records Mgmt 110.00 Nov doc. shredding svcs: CRC 22.50 132.50 104154 12/01/2005 000645 SMART & FINAL INC TCSD special events supplies 282.14 TCSD special events supplies 274,06 recreation supplies: High Hopes Prgm 203,85 recreation supplies: Teen Prgm 158,97 refreshments: Youth in Government 110,85 recreation supplies: MPSC 81.78 misc supplies: Community Theater 57,35 recreation supplies: Teen Prgm 48.36 1,217,36 104155 12101/2005 009547 SMITH, SONIA Refund: Kidz Love Soccer 60,00 60.00 104156 12101/2005 000537 SO CALIF EDISON Oct 2-19-999-9442 various mtrs 1,313.42 Nov 2-02-351-4946 MPSC 811,11 Nov 2-18-937-3152 T. Museum 660,61 Nov 2-25-393-4681 T.E.S. Pool 652,79 Nov 2-27-615-1750 Fire Stn 73 572.25 Nov 2-22-891-0550 various mtrs 317.62 Nav 2-23-365-5992 Fire Stn 92 279.61 Nov 2-11-007-0455 6th Street 230.93 Nov 2-20-817-9929 P.O. Storefront Stn 229.86 Nov 2-27-632-3565 Camino Piedra Raja 128.52 Nav 2-21'-911-7892 O.T. Parking Lot 116.65 Nav 2~27-287-5527 various mtrs 95.88 Nav 2-21-981-4720 HWY 79 57.00 Nav 2~19~171-8568 Wedding Chpl 46.44 Nov 2-14-204-1615 Front St Radio 37.86 Nav 2-27-371~8494 Off-Site Storage 19.07 5,569,62 104157 12101/2005 001212 SO CALIF GAS COMPANY Nov City facilities gas meters 4,549,82 Nav 095-167-7907-2 Fire Stn 84 224.02 Nov 101-525-1560-6 Fire Stn 73 127,04 Nov 091-085~1632-0 T.E.S. Pool 13,81 4,914,69 104158 12/01/2005 008300 SO CALIF TURFGRASS COUNCIL TurfgrassfLdscp Institute:12114105 K.H. 60.00 60,00 Page:11 apChkLst Final Check List Page: 12 12/01/2005 2:08 :52PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 104159 12/01/2005 000519 SOUTH COUNTY PEST CONTROL Nov pest control svcs: City facilities 361.00 pest control svcs: Paloma del Sol Park 168,00 pest control svcs; Community Theater 90.00 pest control svcs; various parks 84,00 pest control svcs: City Hall 84.00 pest control svcs: N/S Sports Park 84.00 pest control svcs: Duck Pond - 84.00 pest control svcs: Harveston Comm. Park 84.00 1,039,00 104160 12/01/2005 007851 SOUTHCOAST HEATING & AIR troubleshooting HVAC/CRC rec offices 192,50 192.50 104161 12/01/2005 005786 SPRINT Nov Acct Level Chrgs 38,21 38.21 104162 12/01/2005 007762 STANDARD OF OREGON Mandatory Life Insurance Payment i 2,695,00 2,695.00 104163 12/0112005 000305 TARGET BANK BUS CARD SRVCS TCSD special event supplies - 251.44 recrealion supplies: MPSC 143.79 misc supplies: Community Theater '135,59 recreation supplies: Children's Museum 134.57 recreation supplies: Aquatics prgm 120,27 misc supplies: Community Theater 107,62 recreation supplies: CRG Gym 95.82 recreation supplies: Children's Museum 70.83 recreation supplies: Teen Prgm 68.90 recreation supplies: Teen Prgm 43.08 recreation supplies: Children's Museum 33,53 recreation supplies: Aquatics Prgm 30,27 1,235.71 104164 12101/2005 008653 TAYLOR, JUDI TCSD Instructor Earnings 102,20 102.20 104165 12/01/2005 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,465,00 4,465.00 104166 12/01/2005 006465 TEMECULA AUTO REPAIR City vehicle repairs and maint: Code 728.38 728.38 104167 12/01/2005 005412 TEMECULA GARDEN & POWER small equipment supplies: PW Maint Div 36,20 36.20 104168 12101/2005 000307 TEMECULA TROPHY COMPANY Team Pace fear factor awards 87.28 87.28 104169 12101/2005 000515 TEMECULA VALLEY CHAMBER Chamber website/software agrmnt pmt 4,625.00 4.625.00 104170 12/01/2005 004274 TEMECULA VALLEY SECURITY locksmith svcs: Gomm. Ctr Parks 45.00 45.00 Page:12 apChklst 12101/200S 2:0B:52PM Final Check list CITY OF TEMECULA Page: 13 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 104171 12/01/2005 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 104172 12/01/2005 008125 TOTTEN, MICHELLE, M, TCSD Instructor Earnings TCSD Instructor Earnings 104173 12/01/2005 007433 TOVEY SHULTZ CONSTRUCTION Oct prgs #7 pmt: Roripaugh Fire Stn 104174 12/01/2005 004308 TOWNE & COUNTRY AUTO & vehicle towing services:PW Boom Truck 104175 12/01/2005 002065 UNISOURCE misc. paper supplies for Copy Center 104176 12/01/2005 004981 UNISOURCE SCREENING & 11/1-15/05 bckgrnd screening svcs 104177 12/01/2005 009504 UNITED SITE SERVICES OF CA 11/10-12/07 fence rental: Main St Bridge 104178 12/01/2005 000325 UNITED WAY Unite~ Way Charities Payment 104179 12/01/2005 004819 UNUM LIFE INS, CO, OF AMERICA LongTerm Disability Payment 104180 12/01/2005 009543 VAll RANCH RESTORATION Images of America, Temecula books: E.D. 104181 12/01/2005 003665 VARTEC SOLUTIONS INC Oct long distance phone svcs 104182 12/01/2005 004261 VERIZON 11/10-16/05 var. phones/general usage 104183 12/01/2005 004789 VERIZON ONLINE Internet svcs:xx-2527 104184 12/01/2005 004848 VERIZON SELECT SERVICES INC Nov long distance phone svcs 104185 12/01/2005 008316 WESTS IDE SELF STORAGE Dec off-site storage:Records Mgmt Amount Paid Check Total 88.20 88,20 196,00 84,00 280.00 375,472.46 375,472,46 100.00 100,00 1,606.80 1,606.80 93.00 93,00 26.40 26.40 218.65 218.65 7,602.26 7,602,26 299,85 299,85 2,80 2.80 633,85 633,85 42.70 42.70 8.85 8,85 1,000,00 1,000,00 Grand total for UNION BANK OF CALIFORNIA: 1,919,611.41 Page:13 apChklst 12/01/2005 2,OB,52PM Final Check List CITY OF TEMECULA Page: 14 194 checks in thIs report. Grand Total All Checks: 1,919,611,41 Page:14 apChklst 12/01/2005 2:08:52PM Final Check list CITY OF TEMECUlA Page: 15 VoId Checks Bank code: union (none) Page;15 ITEM NO.4 Approvals City Attorney Director of Finance City Manager p..r- JclJl2. t}3 , CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: DATE: Genie Roberts, Director of Finance December 13, 2005 SUBJECT: City Treasurer's Report as of October 31 , 2D05 PREPARED BY: Karin A. Grance, Revenue Manager Shannon Buckley, Accountant That the City Council receive and file the City Treasurer:;; Report as of RECOMMENDATION: October 31,2005. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The C~y's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of October 31, 2005. FISCAL IMPACT: ATTACHMENTS: None. City Treasurer's Report as of October 31,2005 City of Temecula, California Portfolio Management Portfolio Summary October 31, 2005 City of Temecula 43200 Business Park Drive P.O. Box9D33 Temecula,CA,92590 {951)694-6430 p" Market Ilo<>k %01 Days to YTM YTM Investments Value Value Value Portfolio T.~ Maturity 360 Equlv. 365 Equlv. Managed Pool Accounls 14.111,543.44 14.111,54344 14,111.543,44 11.19 1 1 3225 3270 Local Agency Investment Funds 55.397,082.95 55,298.962.52 55,397.082.95 43.91 1 1 3.411 3.458 Federal AgencyCallabte Securities 48.595,000.00 47,697,971.05 48.587,360.00 3851 975 638 3.517 3.566 FederalAgencyBulletSecurilles 3,000,000,00 2,975.94000 3,000,000.00 2.38 55' '09 3.657 3.707 Investment Contracts 5.066,488.76 5,066,488.76 5,066.488.76 4.02 9,336 7,979 4.288 4.348 126,170,115.15 125,150,905.n 126,162,475.15 100.00% '64 57' 3.472 3.520 Investments Cash Passbook/Checking 3.322,728.94 3,322.728.94 3,322,728.94 0.622 0.631 {r.otind1.lded in yield calculations) Total Cash and Investments 129,492,844.09 128,473,634.71 129,485,204.09 '64 57' 3.472 3.520 Total Earnings October 31 Month Ending CurrenlYear 391,551.42 Average Daily Balance 135,736,249.16 Effective Rate of Retum 3.40% Reporting perlod 10/0112005-10/31/2005 Run Date: 11130/2005-14;58 NO fiscal year history available Portfolio TEME CP PM(PRF_PM1)Sl""Rept6.41,202~ ReportVer.5.00 City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments October 31, 2005 Average Purchase ,...., Yr. YTM Daysto Maturity CUSIP Investment # Issuer Balance Date ParYalue Mar1cetYalue Book Value Rm 360 365 Maturity Om Managed Pool Accounts SYSCFD03-Q4-1 AD 03-04-1 FirstAmel'icanTreasury 04101/2005 7,056.58 7,056.58 7,056.58 3.270 3.225 3.270 SYSCFO 03-04-2 AD 03-04-2 FirstAmerlcanTreasury 04101/2005 7,047.21 7,047.21 7,047.21 3.270 3.225 3.270 SysCFD03-04-3 AD 03-04-3 FrrstAmericanTreasury 0410112005 102,092.28 102,092.28 102,092.28 3.270 3.225 3.270 SYSCFO 03-04-5 AD 03-04-5 FirstA'!lericanTreasury 09101/2005 29,000.74 29,000.74 29,090.74 3.270 3.225 3.270 SysCFO 01-2-1 CFD01-2-1 FirstArflericanTreasury 04/0112005 1,025,021.70 1,025,021.70 1,025,021.70 3.270 3.225 3.270 sysCFD 01-2-2 CFD01-2-2 FirstAriJericanTreasury 04/0112005 741,473.55 741,473.55 741,473.55 3.270 3.225 3.270 SysCFO 01-2-3 CF001-2-3 First American Treasury 04/0112005 7,715.80 7,715.80 7,715.80 3.270 3.225 3.270 SysCFD 01-2-4 CFD01-2-4 First ArtJerican Treasury 0410112005 134,200.85 134,280.85 134,280.85 3.270 3.225 3.270 SYSCFD 01-2-5 CFD01-2-5 First A0erican Treasury 0410112005 2,850,914.25 2,850,914.25 2,850,914.25 3270 3.225 3.270 SYSCFO 03-1-1 CFD03-03-1 First American Treasury 0410112005 3,399.47 3,399.47 3,39947 3.270 3.225 3.270 SysCFD03-03-11 CFD03-03-11 First American Treasury 0410112005 10,167.58 10,16758 10,167.58 3.270 3.225 3.210 SYSCFD 03-03-2 CFD03-03-2 First American Treasury 04/0112005 105.59 105.59 105.59 3.270 3.225 3.270 SYSCFD03-03-3 CFD03-03-3 First Ar\Jerican Treasury 0410112005 16.84 16.84 16.84 3.270 3.225 3.270 SysCFD 03-03-e CFD03-03-6 First American Treasury 04/01/2005 0.02 002 0.02 3.270 3.225 3.270 SYSCFD03-03-6 CFD03-03-7 First American Treasury 04101/2005 1,110.07 1,110.07 1,110.07 3.270 3.225 3.270 SYSCFD03-03-9 CFD03-03-9 First American Treasury 04101/2005 3,016.51 3,016.51 3,016.51 3.270 3.225 3.270 SYSCFD03-06-1 CFD03-06-1 FirslAmericanTreasury 04/01/2005 3,116.67 3,116.67 3,116.67 3.270 3.225 3.270 SYSCFD03-06-2 CFD03-06-2 First American Treasury 04101/2005 344,900.41 344,956.41 344,956.41 3.270 3.225 3.270 SYSCFD03-06-3 CFD03-06-3 FirstAmericanTreasury 04/01/2005 3.905,633.15 3,905,633.15 3,905,633.15 3.270 3.225 3.270 SYSCFD03-1-1 CFD03-1-1 FirstAmericanTreasury 04/01/2005 57,038.20 57,038.20 57,038.20 3.270 3.225 3.270 sYSCFD03-1-10 CFD03-1-10 FirstAmericanTreasury 0410112005 942.14 942.14 942.14 3.270 3.225 3.270 SYSCFD03-1-13 cm 03-1-13 FirstAmericanTreasury 0813112005 81,301.44 81,301.44 81,301.44 3.270 3225 3.270 SYSCFD 03-1-16 CFD03-1-16 First American Treasury 0813112005 223,628.68 223,628.68 223,628.68 3.270 3.225 3270 SYSCFD 03-1-2 CFD03-1-2 First American Treasury 04/0112005 49.92 4992 49.92 3.260 3.215 3.260 SYSCFD03-1-21 CFD03-1-21 First American Treasury 08131/2005 3,348,602.91 3,348,602.91 3,348.602.91 3.270 3.225 3.270 SYSCFD03-1-3 CFD03-1-3 First American Treasury 0410112005 32.00 32.06 32.06 3.270 3.225 3.270 SYSCFD03-1-5 CFDQ3-1-5 First American Treasury 04101/2005 4.23 4.23 4.23 3.310 3.265 3.310 SYSCF003-1-6 CFD03-1-6 First American Treasury 0410112005 753.88 753.88 753.88 3.270 3.225 3.270 SYSCFD 03-HI CFD03-1-8 First American Treasury 04/01/2005 517,281.21 517,281.21 517,281.21 3.270 3.225 3.270 SYSCFD88-12-1 CFD88-12-1 FirstA'!iericanTreasury 04/01/2005 48.079.67 48,079.67 48,079.67 3.270 3.225 3.270 SYSCFD88-12-3 CFD88-12-3 FirslAmericanTreasury 04101/2005 657,126.54 657,126.54 657,126.54 3.270 3.225 3.270 SYSCFD88-12-5 CFD88-12-5 First American Treasury 04101/2005 2.10 2.10 2.10 3.330 3.284 3330 SYSRDA TAB5-1 RDA TABs-l First American Treasury 04/0112005 241.53 241.53 241.53 3.270 3.225 3270 SYSRDA T AB5-3 RDA TABs-3 FirstAmericanTreasury 04/0112005 000 0.00 000 2.300 2.268 2.300 SYSTCSD COP5-1 TCSD COPs-1 FirstAmericanTreasury 0410112005 242.66 242.66 242.66 3270 3.225 3.270 sYSTCSD COP5-2 TCSD COPs-2 FirstAmericanTreasury 04/0112005 000 0.00 000 3.270 3.225 3.270 SYSRDA TAB5-2 ROATABs-2 MBIA Surety Bond 04/0112005 1.00 1..00 1.00 2.190 2.160 2.190 --- Subtotal and A:verage 14,162,661.33 14,111,543.44 14,111,543.44 14,111,543.44 3.225 3.270 Portfolio TEME CP Run Date, 11/3012005. 14:5Q PM (PRF_PM2)SymRept6.41.202a ReporlVer.5.00 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments October 31, 2005 Average Purchase Stated YTM YTM Daysto Maturity CUSIP Investment # Issuer Balance Date Par Value Mar1l.etValue Book Value Rm 360 365 Maturity D... Local Agency Investment Funds SYSCFD03-0J..10 CFD03-03-1Q CALocalAgencylnveslmentFun 04/01/2005 3,755,728.37 3.755.72837 3.755,728.37 3.458 3.411 3.458 SYSCFD03-03-12 CFOO3-0J..12 CA Local Agency Investment Fun 04101/2005 10,261,296.98 10,261,296.98 10.261.296.98 3.458 3.411 3.456 5YSCFD03-03-4 CFD03-03-4 CA Local Agency Inveslmenl fun 04101/2005 12.56 12.56 12.56 3.456 3.411 3.458 SYSCFD03--03-8 CFD03-03-8 CA Local Agency Investment Fun 04101/2005 5.437,608.57 5,437,608.57 5,437,608.57 3_~58 3.411 3.458 SYSCF003-Hl CFD03-1-11 CA local Agency Inveslmenl Fun 04/01/2005 1,315.307.69 1,315,307.69 1,315,307.69 3.458 3.411 3.456 SYSCFD 03-H CFD03-1-1 CA Local Agency Inveslmenl Fun 04101/2005 983,116,37 983,116.37 983,116.37 3.458 3411 3458 SYSCFD03-1-9 CFD03-1-9 CA local Agency Inveslmenl Fun 04/01/2005 6,100,87 6,105.87 6,105.87 3.458 3411 3.458 SYSCITY CITY CA local Agency Inveslmenl Fun 04/0112005 21,009,359.00 20,948.075.54 21,009,359.00 3.458 3.411 3,458 SYSRDA < RDA CA local Agency Inveslmenl Fun 0410112005 9,944,722.32 9,915,713.96 9,944,722.32 3.458 3.411 3.458 SYSRDA TAB5-4 RDATABs-4 CA local Agency Inveslmenl Fun 04/0112005 0.00 000 0,00 2.967 2.926 2.967 SYSTCSD TCSD CA local Agency InveslmenlFun 04/01/2005 2,683.825,22 2,675,996.61 2,683,825.22 3.458 3.411 3.458 SYSTCSD COP5-3 TCSDCOPs-3 CA local Agency Investment Fun 04/01/2005 0.00 000 0,00 3.324 3.278 3324 1 --- Subtotal and Average 63,4n,019.23 55,397,082.95 55,298,962.52 55,397,082.95 3,411 3.458 Federal Agency Callable Securltles 31339YFL1 01003 Federal Home loan Bank 07/2312003 1,000,000.00 994,690.00 1,000,000,00 1,885 1.859 1.885 830112312(X)8 31339YGQ9 01004 Federal Home loan Bank 07/2412003 1,000,000.00 984,060.00 1,000,000,00 2,250 2.219 2250 26507/24/2006 31339YXP2 01005 Federal Home loan Bank 08/1412003 2,000,000.00 1,969,380.00 2,000,000.00 2,500 2.466 2.500 28608/1412006 3133X55G9 01014 FooeralHomeloanBank 04108/2004 3,050,000.00 2,950,87500 3.050,000.00 3,100 3,058 3101 79801/08/2008 3133X52S6 01015 Federal Home loan Bank 04/07/2004 2,965,000.00 2.835,281,25 2,965,000.00 3.000 2,960 3.001 7970110712008 3133X55H7 01016 Federal Home loan Bank 0312912"" 3,000,000.00 2,897.820,00 3,000,000.00 3.000 2960 3.001 7871212812007 3133X55H7 01017 Federal Home loan Bank O3I2W2OO< 1.000.000.00 965,94000 1,000,000.00 3.000 2.960 3.001 7871212812007 3133X5DV7 01018 Federal Home Loan Bank 04/1412004 1,000,000.00 968,130.00 1,000.000.00 3.150 3.108 3.151 80401/1412008 3133XSGE2 01019 Federal Home Loan Bank 04/1512004 2,000,000.00 1,933,120.00 2,000.000.00 3.070 3.029 3.071 80501/1512008 3133X5K49 01020 Federal Home Loan Bank 0411612004 1,000,000.00 967,500.00 1,000,000.00 3.125 3.083 3.126 80601/1612008 3133XSOF8 01021 Federal Home loan Bank 04/22/2004 2,000,000.00 1,929,380.00 2,000,000.00 3000 2.960 3.001 81201/2212008 3133X5Zl5 01022 Federal Home loan Bank 0413012004 2,000,00000 1,951,260.00 2,000,000.00 3520 3.473 3,521 82001f3Q12008 3133XAY84 01026 Federal Home loan Bank 0312312005 1,000,000,00 988,130.00 999,750,00 3.850 3.810 3.863 5070312312007 3133XAZ91 01027 Federal Home loan Bank 0312812005 1,000,000,00 990,630.00 999,750,00 3.785 3.750 3.802 42212/2812006 3133XBY66 01029 Federal Home loan Bank 0611512005 2,000,000,00 1.985,620.00 2,000,000,00 3.500 3,452 3500 4091211512006 3133XCMC4 01032 Federal Home loan Bank 08131/2005 3,000,000.00 2,973,750.00 2,997,360,00 4,250 4,238 4.296 6450810812007 3133XCY31 01033 Federal Home loan Bank 09114/2005 960,000.00 954,297,60 960,00000 4.380 4,320 4,380 68209J14/2oo7 3133XD2G5 01034 Federal Home loan Bank 0912112005 3,000,000.00 2.971,890,00 2,998,125.00 4375 4,347 4.407 7801212112007 3133XD302 01035 Federal Home loan Bank 09/28/2005 620,000.00 616.317,20 620,00000 4.400 4.340 4.400 6960912812007 3133XDJRO 01036 Federal Home loan Bank 09/28/2005 2,000,000.00 1,984,380,00 2,000,000.00 4.500 4.438 4,500 67803,128/2008 3133XD6F3 01038 Feder~1 Home loan Bank 09/28/2005 1,000,000.00 990,000.00 1.000,000.00 4.230 4.174 4.232 78712/2812007 3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 991,880.00 1,000,000.00 4.140 4.086 4.143 6050612912007 3133XDA84 01040 Federal Home Loan Bank 09/2812005 1,000,000.00 995,310.00 1,000,000.00 4.200 4.147 4204 4221212812006 Portfolio TEME CP RunDale:l'/JO/2005-14:5e PM (PRF]M2)S.,.-nR<lpt6.41.202a CUSIP Investment" Federal Agency Callable Securities l$Suer Average Balance City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2005 Purchase De. ParV~lue MarlcetValue Stated Book Value Rate Page 4 YTM 36' YTM Days to' Maturity 365 Maturity Date 4,120 4.050 4.250 4.150 4.150 2000 3.750 4,050 4,375 4.000 4.068 4.124 42312129J2006 3.9954.050 34510112/2006 4,196 4.255 4350111012007 4,097 4.154 437GlIl212007 4.136 4,193 5270411212007 1.973 2.000 2416613012006 3.784 3.837 6400810312007 3.9934.048 692q9l2412007 4.3154.375 7161011812007 3.9454.000 5200410512007 --- 3133XDAB7 3133XOBWO 3133XOBQ3 3133XDBX8 3133XDB67 3128XILW5 3128X3SM6 3128X36R9 3128X4NU1 3136F6M63 01041 01043 01044 01045 01046 01002 01025 01030 01042 01028 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home loan Bank Federal Home loan Mtg Corp Federal Home loan Mtg Corp Federal Home Loan Mtg Corp Federal Home loan Mtg Corp Federal Nalional Mlg Assn Subtotal and Average Federal Agency Bullet Securities 31331SYN7 01031 31331S5Y5 01037 3133XAW37 01024 Federal Farm Credit Baflk Federal Farm Credit Bank Federal Home loan Sank Subtotal and Average 46,555,323.71 3,000,000.00 0912912005 1011212005 1011412005 1011212005 1011212005 0613012003 03107/2005 05124/2005 1011812005 04/0512005 0610112005 0911612005 02l2B/:2oo5 1,000,000.00 1,000.000,00 1.000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 48,595,000.00 1,000,000,00 1,000,000,00 1,000,000.00 3,000,000.00 994,380,00 992,190.00 995,630.00 991,560.00 993,130.00 984,060.00 984,200.00 987,660,00 994,58000 990,940,00 47,697,971.05 987,810.00 991,250.00 996,880.00 2,975,940.00 1,000,000.00 1,000,000.00 1,000,00000 1,000,000,00 999,375.00 1,000,000.00 998,000.00 1,000,000.00 1,000,000.00 1,000,000,00 48,587,360.00 1,000,000.00 1,000,000.00 1,000,001100 3,000,000.00 3.517 3.566 638 3.820 4000 3300 3.768 3,820 5770610112007 3.9474,002 5310411612007 3.255 3,300 11902l2B/:2006 --- 3.657 3.707 '" Investment Contracts SYSCFO 03-1-4 SYSCF003-03-5 SYSCFD 88-12-2 SYSCF088-12-4 RunDa\e,'1/3012005-'4:59 CFD03-1-4 CFD03--{)3-5 CF088-12-2 CFD88-12-4 American International Group M IXIS Funding Corp IXIS FLnding Corp IXIS Funding Corp Subtotal and Average Total and Average 5,066,48lI,76 135,736,249.16 0412812004 0712812004 07/24/1998 0712411998 863,900.00 2,171,120.00 500,000.00 1,531.468.76 5,066,481.76 126,170,115.15 863,900,00 2,171,12000 500,000,00 1,531,468.76 5,066,48lI,76 125,15t1,905,77 863,900.00 2,171,120.00 500,000.00 1,531,468,76 5,066,488.76 126,162,475.15 4,830 3000 5.430 5.430 4.764 4.83010,16508131/2033 2.959 3.000 10,53008131/2034 5,499 5.5754,3220910112017 ~~54,32209lO112017 4.288 4.348 7,979 3.472 3.520 576 Portfolio TEME CP PM(PRF_PM2)S'jmRepte,41.202e City of Temecula, California Portfolio Management Portfolio Details. Cash October 31, 2005 Page 5 Average Purchase St,,,,, YTM YTM Daysto CUS1P Investment#. Issuer Balanc. Date ParV,lue Mar1<etValue Book-Value R." 36ll 365 Maturity Retention Escrow Account $YSRJ NOBLE RJ NOBLE Bank of Sacramento 06.10712005 104,408.14 104,408.14 104,408.14 1.250 1.233 1.250 $YS8ARNHART 1 BARNHART 1 Califumia Bank & Trust 0410112005 720,59586 720,595.86 720,595.86 2.100 2.071 2100 SVS EDGE OEVELO EDGE DEVl Califomla Bank & Trust 06104/2005 119,474.51 119,414.51 119,474.51 1.250 1.233 1.250 SYSRIV CONST 1 RIV CONST 1 Community Na~onal Bank 03122/2005 150,943.06 150,943;06 150.943.06 2,000 1.973 2000 PassbookJChecklng Accounts SY$PettyCash PetlyCash City of TemecuJa 04/0112005 1,70000 1.700.00 1,70000 0.000 0000 SVSFIex Ck Ac.ct FIexCkAcct Union BankofCalifomla 04/0112005 13.154.47 13,154;47 13,154.47 0,000 0000 SYSGen Ck Acct GenCkAcct Union BankofCalifomla 04101/2005 2,208,927.40 2,208,927;40 2.208,927.4Q 0.000 0000 SYSParkingCk ParkingCk Union Bank ofCalifomia 04101/2005 3,525.50 3,525~50 3,525.50 0000 0.000 Average Balan<:e 0.00 Total Cash and lnvestmentss 135,736,249.16 129,492,844.09 128,473,634J1 129,4tI5,204.09 3.472 3.520 576 Ru" Da\e: 11/3012005-14:59 Portfolio TEME CP PM (PRF_PM2)SymRepl6.41.202a Cash and Investments Report CITY OF TEMECULA Through October 2005 Fund Total 001 GENERAL FUND $ 32,965,347.69 100 STATE GAS TAX FUND 726.49 101 STATE TRANSPORTATION FUND 113,886.46 120 DEVELOPMENT IMPACT FUND 13,595,890.30 140 COMMUNITY DEV BLOCK GRANT 25.93 150 AB 2766 FUND 261,730.72 160 AB 3229 COPS 0.01 165 RDA DEV LOW/MOD 20% SET ASIDE 9,954,285.24 170 MEASURE A FUND 4,763,189,62 190 TEMECULA COMMUNITY SERVICES DISTRICT 231,498.25 192 TCSD SERVICE L,EVEL "B" STREET LIGHTS 4,615.02 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 4,746.50 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 30,725.93 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 292,081.56 210 CAPITAL IMPROVEMENT PROJECT FUND 16,866,031.66 261 CFD 88-12 ADMIN EXPENSE FUND 8,122.75 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 2,863,599.00 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 6,172,110,07 274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 70,054.69 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 19,468,928.08 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 3,905,633.15 280 REDEVELOPMENT AGENCY - CIP PROJECT 1,867,473.55 300 INSURANCE FUND 1,544,890.07 310 VEHICLES FUND 657,139.24 320 INFORMATION SYSTEMS 931,723.11 330 SUPPORT SERVICES 227,904.59 340 FACILITIES 151,470.30 380 RDA 2002 TABS DEBT SERVICE 2,274,011.37 390 TCSD 2001 COP'S DEBT SERVICE 4,593.45 460 CFD 88-12 DEBT SERVICE FUND 3,196,987.89 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 1,993,310.64 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,290,005.08 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 154,994,61 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,251,166.66 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 354,735.03 Grand Total: $ 128,473,634.71 Cash and Investments Report CITY OF TEMECULA Throngh October 2005 Fund Total 001 GENERAL FUND $ 32,965,347.69 100 STATE GAS TAX FUND 726.49 101 STATE TRANSPORTATION FUND 113,886.46 120 DEVELOPMENT IMPACT FUND 13,595,890.30 140 . COMMUNITY DEV BLOCK GRANT 25.93 150 AB 2766 FUND 261,730.72 160 AB 3229 COPS 0.01 165 RDA DEV LOW/MOD 20% SET ASIDE 9,954,285.24 170 MEASURE A FUND 4,763,189.62 190 TEMECULA COMMUNITY SERVICES DISTRICT 231,498.25 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 4,615.02 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 4,746.50 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 30,725.93 196 ' TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 292,081.56 210 , CAPITAL IMPROVEMENT PROJECT FUND 16,866,031.66 261 CFD 88-12 ADMIN EXPENSE FUND 8,122.75 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 2,863,599.00 273 CFD 03-t CROWNE HILL IMPROVEMENT FUND 6,172,110.07 274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 70,054.69 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 19,468,928.08 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 3,905,633.15 280 REDEVELOPMENT AGENCY - CIP PROJECT 1,867,473.55 300 INSURANCE FUND 1,544,890.07 310 VEHICLES FUND 657,139.24 320 . INFORMATION SYSTEMS 931,723.11 330 SUPPORT SERVICES 227,904.59 340 FACILITIES 151,470.30 380 RDA 2002 TABS DEBT SERVICE 2,274,011,37 390 TCSD 2001 COP'S DEBT SERVICE' 4,593.45 460 CFD 88-12 DEBT SERVICE FUND 3,196,987.89 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 1,993,310.64 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,290,005.08 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 154,994.61 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,251,166.66 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 354,735.03 Grand Total: $ 128,473,634.71 ITEM NO.5 Approvals City Attorney Director of Finance City Manager fh~ CIl 9tJ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 13, 2005 SUBJECT: Financial Statements for the Three Months Ended September 30, 2005 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Bro'Ml, Senior Accountant RECOMMENDATION: That the City Council: 1, Receive and file the Financial Statements for the Three Months Ended September 30, 2005, 2. Approve an increase in Lease Revenue of $76,000 and approve an appropriation of $21 ,420 In General Fund for Old Town property operations, 3, Reduce Gas Tax Fund Operating Transfer Out by $137,137 and Generai Fund Operating Transfer In by the same amou ot. 4. Approve an increase in the Traffic Congestion Relief Revenue of $450,696 in state Transportation Fund. BACKGROUND: The attached financial statements reflect the unaudited activity of the City for the three months ended September 30, 2005. Please see the attached financial statements for an analytical review of financial activity. The increase in revenues and expenditures budgets to manage the Old Town property is required as a result of the acquisition in September 2005 of an. office building v.A1ich has tenants occupying the building. The decrease in the Gas Tax Fund operating transfer out and the General fund operating transfer in is due to the transfer of fund equity of $137,137 at fiscal year end June 30,2005 for the amount receivable at year end. Therefore, the Operating Transfer of these funds in fiscal year 2005-06 is not necessary. The increaSe in State Transportation fund is due to Proposition 42 revenues now being funded by the State for the fiscal year, When the State budget was finaliy adopted for fiscal year 2005-06, Proposition42 restored the funding to the Traffic Congestion Relief Fund, These funds are Road maintenance funds that can now be appropriated for street and roadway related projects. FISCAL IMPACT: The increase in expenditures for the Old T O'M1 Property will be offset by revenues collected from rental income. ATTACHMENTS: Combining Balance Sheet as of September 30, 2005 Statement of Revenues, Expenditures and Changes in Fund Balance forthe Three Months Ended September 30, 2005 Combining Balance Sheet (internal Service Funds) as of September 30, 2005Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds) for the Three Months Ended September 30, 2005 CITY OF TEMECULA Combining Balance Sheet as of September 30, 2005 And the Statement of Revenues, Expenditures and Changes in Fund Balance For The Fiscal Year Ended September 30, 2005 And the Statement of Revenues, Expenses and Changes In Retained Earnings For the Fiscal Year Ended September 30,2005 (Unaudited) Prepared by the Finance Department . City ofTemecula Combining Balance Sheet As of September 30, 2005 General Gas Tax State Trans Dev Impact CDBG Fund Fund Fund Fund Fund Assets: Cash and investments $ 35,614,755 $ 1,400 $ 13,439,24t $ Receivables 5,590,007 184,204 112,682 78,352 Due from other funds 382,30t Advances to other funds 2,203,835 Deposits 152,859 Total assets $ 43,943,757 184,204 $ 114,082 $ 13,517,593 Liabilities and fund balances: Liabilities: Due to other funds $ 184,204 Other current liabilities $ 13,793,126 Deferred revenue 2,739,587 $ 3,541 Total liabilities 16,532,713 t 84,204 3,541 Fund balances: Reserved 2,356,694 Designated 23,693,770 $ 114,082 13,514,052 Undesignated 1,360,580 Total fund balances 27,4tt,044 114,082 13,5 t 4,052 Total liabilities and fund balances $ 43,943,757 $ 184,204 $ 114,082 $ 13,517,593 Please note that these balances are unaudited City of T emecula Combining Balance Sheet As of September 30, 2005 AB 2766 AB3229 Measure A CIP Fund Fund Fund Fund Total Assets: Cash and investments $ 260,825 $ 4,583,060 $ 23,923,415 $ 77,822,696 Receivables 1,357 188,351 973,199 7,128,t52 Due from other funds 382,301 Advances to other funds 2,203,835 Deposits 152,859 Total assets $ 262,182 $ 4,771,41 t $ 24,896,6t4 $ 87,689,843 Liabilities and fund balances: Liabilities: Due to other funds $ 798,097 $ 982,30t Other current liabilities 6,500,321 20,293,447 Deferred revenue 600,000 3,343,128 Total liabilities 7,898,4t8 24,618,876 Fund balances: Reserved 2,356,694 Designated $ 262,182 $ 4,771,4It 16,998,196 59,353,693 Undesignated 1,360,580 Total fund balances 262,182 4,77t,4tt 16,998,196 63,070,967 Total liabilities and fund balances $ 262,182 $ 4,77t,4tt $ 24,896,614 $ 87,689,843 Please note that these balances are unaudited 2 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Three Months Ended September 30, 2005 Annual Amended YTD Percent Budget Activity of Budget Revenues: Sales tax - State $ 21,600,000 $ 3,638,758 17% (I) Sales tax. Triple Flip 6,600,000 0% (t) Sales tax . Redhawk 1,000,000 0% (t) Developmental services: Planning 1,044,000 250,204 24% Building & Safety 2,200,000 797,684 36% (2) Land Development t,732,544 2,189,706 126% (3) Police 391,388 82,630 21% Fire 79t,291 276,863 35% (4) Grants 10,000 0% (5) Motor vehicle in lieu - State 1,055,090 t53,964 15% (6) Motor vehicle in lieu - Triple Flip 4,513,000 0% (6) Motor vehicle in lieu - Redhawk 509,000 0% (6) Property tax 4,Ot9,44t 492,519 12% (7) Property transfer tax 1,000,000 313,003 31% Franchise fees 2,433,299 377,161 15% (8) Transient occupancy tax 1,800,000 436,716 24% Reimbursements - Financing 148,000 37,000 25% Reimbursements - Others 701,000 343,760 49% (9) Reimbursements from RDA 225,000 56,250 25% Reimbursements from elP t,955,898 459,575 23% Investment interest 733,710 285,596 39% (10) Business licenses 286,000 32,250 11% (II) Vehicle code fines 1,200,000 324,568 27% Miscellaneous 130,000 23,703 t8% Operating transfers in t,907,844 423,753 22% Total Revenues 57,986,505 t 0,995,663 19% Notes: 1) Represents only 2 months of receipts, data is not yet available for the month of September. Triple Flip revenue be received in January and May. 2) Building activity revenue increased due to higher volumes in plan check and inspections. 3) The increased in Land Development revenue is due to Roripaugh development acquiring permits for both offsite plan check and offsite inspections. 4) Fire activities increased due to a higher volume in plan check and inspections. 5) The Homeland Security grant for Temecula Citizen Corp is scheduled to be spent by the end of December. Funds are based on reimbursements. 6) The variance in the budget amount is due to the early repayment of the VLF backfill which was recorded as Fiscal Year 2004-05 Revenue, a budget adjustment for the $633,000(budgeted) partial repayment will be made at midyear. 3 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Three Months Ended September 30, 2005 Annnal YTD Amended YTD Activity Percent Budget Activity Encumbr. + Encumbr of Budget Expenditures: City Council $ 413,486 $ 107,931 $ 2,237 $ ttO,t68 27% Community Support 501,900 109,253 132,269 241,522 48% (12) City Manager 1,087,765 282,3t2 67,513 349,825 32% (12) Economic Development 834,3tO 154,234 47,901 202,135 24% City Clerk 928,903 233,t67 31,832 264,999 29% City Attorney 800,000 131,535 131,535 16% (13) Finance t,893,800 441,948 55,257 497,205 26% Hwnan Resources 572,068 136,131 64,892 201,023 35% (12) Planning 3,605,045 785,560 265,5t7 1,051,077 29% Building & Safety 2,857,35t 734,796 249,582 984,378 34% (t2) Land Development 2,097,3t4 438,388 237,366 675,754 32% (t2) Public Works 6,534,798 1,099,988 1,031,924 2,13t,9t2 33% (12) CIP Admin 2,776,873 617,721 4,32t 622,042 22% Disaster Relief 12,250 7,t50 5,100 t2,250 100% (12) Police 17,012,783 3,928,025 151,461 4,079,486 24% Fire 5,026,485 t,246,986 72,588 1,319,574 26% Animal Control t60,000 t2,500 12,500 8% Non-departmental It,t41,001 2,901,743 2,90t,743 26% Total Expenditnres (Excluding Transfers) 58,256,132 13,369,368 2,419,760 15,789,128 27% Revenues Over/(Under) Expenditures (269,627) (2,373,705) Operating Transfers Out 4,300,285 1,916,446 Revenues Over/(Under) Expenditures and Operating Transfers (4,569,9t2) (4,290,15t) Beginning Fund Balance, July t, 2005 31,701,195 31,70t,195 Ending Fund Balance, September 30, 2005 $ 27,131,283 $ 27,411 ,044 Notes; 7) Property Tax Secured and Unsecured are received in January and May of this fiscal year. Supplementals are received monthly. Riverside County had an accounting error in regards to the teeter plan and the City received $202,890 for prior years. 8) Southern California Edison and CR&R quarterlies have been received. Southern California Gas and Adelphia are received anually in April. 9) The variance is due to Tasin reimbursements for Police staffing received this quarter. 10) Investment interest was higher than expected due to steady interest rate increase by the Federal Open Market Committee. 11) Business License activity occurs annually between December and February . 12) The variance in expenditure is primarily due to encumbrances that are recorded for the fiscal year. 13) The variance in City Attorney is due to a decreased in litigation cost during this quarter. 4 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Three Months Ended September 30, 2005 Expenditures: Operating transfers out Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 1,595,834 $ 423,024 $ 423,024 27% 1,870 728 728 39% (1) t,597,704 423,752 423,752 27% 1,734,84t 423,752 423,752 24% (137,137) Revenues: Section 2105-2 t 07 Investment interest Total Revenues Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1,2005 Ending Fund Balance, September 30, 2005 $ (137,137) (2) Notes: 1) Investment interest was higher than expected due to steady interest rate incry;:ase by the Federal Open Market Committee. 2) The fund equity of$137,137 was transferred at fiscal year ending June 30, 2005, earlier than planned. The result is no fiscal impact but rather only timing of use of funds. 5 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual State Transportation Fund For the Three Months Ended September 30, 2005 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Traffic congestion relief 112,685 112,685 (I) Total Revenues I t2,685 112,685 Expenditures: Operating transfers out $ Revenues Over/(Under) Expenditures 112,685 Beginning Fund Balance, July t, 2005 1,397 1,397 Ending Fund Balance, September 30, 2005 $ t,397 $ 114,082 Notes: 1) The variance is due to Proposition 42 revenues now funded by the State for 2005-06 and are allocated based on population. 6 City ofTemecula Statement of Revenues, ~xpenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund For the Three Months Ended September 30, 2005 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Open Space $ 585,710 $ t27,532 $ t27,532 22% Investment interest 78,352 78,352 Quimby 1,092,000 363,165 363,165 33% (t) Street improvements 2,584,362 608,157 608,157 24% Traffic signals 374,673 82,404 82,404 22% Parks 1,542,833 396,193 396,193 26% Corporate facilities 485,482 1 t9,525 1 t9,525 25% Fire protection 30t,744 76,420 76,420 25% Library 603,924 155,981 155,98t 26% Public Art 41,250 34,736 34,736 84% (I) Police 336,1 t9 83,249 83,249 25% Total Revenues 7,948,097 2,125,7t4 2,t25,714 27% Expenditl!res: Operating transfers out 20,830,015 2,025,685 2,025,685 10% (2) Revenues Over/(Under) Expenditures (t2,881,918) 100,029 Beginning Fund Balance, July 1, 2005 13,414,023 13,414,023 Ending Fund Balance, September 30, 2005 $ 532,105 $ 13,514,052 Notes: 1) The variance is due to timing of developers(Temecula Creek Village, Legacy Corp. Center) pulling permits during this quarter. 2) The v,!riance is due to Capital Improvement Projects funded with DIF that have started but not yet completed during this quarter. 7 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant For the Three Months Ended September 30, 2005 Revenues: Investment Interest Grant revenue Total Revenues Expenditures: Other outside services Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2005 Ending Fund Baiance, September 30, 2005 $ Annual Amended Budget $ 962,273 962,273 YTD Activity Total Activity Notes: 1) The CI~ project funding with this fund for the Temecula Community Center Expansion, have not yet started. Revenues are based on reimbursements related to the projects. 72,273 890,000 962,273 8 Percent of Budget (1) (1) City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund For the Three Months Ended September 30, 2005 Notes: 1) The Temecula Park and Ride, Rancho Vista Sidewalk CIP projects, budgeted from this fund have not yet started. 9 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 3229 COPs For the Three Months Ended September 30, 2005 Expenditures: Operating transfers out Annual Amended YTD Total Percent Budget Activity Activity of Budget $ 100,000 (I) 730 100,730 100,730 (I) Revenues: AB 3229 - COPS Investment interest Total Revenues Revenues Over/(Under) Expenditures Beginning Fund Balance~ July 1, 2005 Ending Fund Balance, September 30, 2005 Note: 1) Revenue from State is not scheduled to be received until January of this fiscal year. 10 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure" A" For the Three Months Ended September 30,2005 Annual Amended YTO Total Percent Budget Activity Activity of Budget Revenues: Measure "A" $ 3,200,000 $ 635,363 $ 635,363 20% (I) Measure !tAli New Bond Proceeds 1,100,000 (2) Investment interest 24,579 24,579 Total Revenues 4,300,000 659,942 659,942 15% Expenditures: Debt service - principal 47t,135 117,303 117,303 25% Debt service - interest 95,465 24,094 24,094 25% Operatit!g transfers out 7,968,490 240,634 240,634 3% (3) Total Exp~ditures 8,535,090 382,03t 382,031 4% Revenues 9ver/(Under) Expenditures (4,235,090) 277,911 Beginning Fund Balance, Ju,ly I, 2005 4,493,500 4,493,500 Ending Fund Balance, September 30, 2005 $ 258,410 $ 4,771,411 Notes: 1) The variance is due to September revenue not received and expected by the end of November. 2) Riverside County Transportation Commission will determine the availability of funding for the New Measure A Bond proceeds. 3) The CIP projects Pavement Rehabilitation, Pauba Rd improvements, Rancho California Road budgeted to this fund have not yet been completed during this quarter. 11 City ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Three Months Ended Septemher 30, 2005 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Operating transfers in $ 44,943,468 $ 6,072,857 $ 6,072,857 14% Grants 14,794,748 0% Reimbursements 11,593,556 740,624 740,624 6% Reimbursements- TUMF 11,090,760 0% Reimbursements- AD 5,597,912 2,392,552 2,392,552 43% (I) Reimbursements- CFD'S 23,117,900 0% Reimbursements- T ASIN 305,200 2,309,343 2,309,343 757% (2) Investment interest 7,375 7,375 Total Revenues 111,443,544 11,522,751 11,522,751 10% Expenditures: Murrieta Creek Bridge/Overland Ext 165.602 274,057 21,874 $ 226,427 248,301 91% (3) Pauba Rd Improvements II 165.606 2,408,819 4,969 6,184 11,153 0% Intersection Monitoring System 165.607 149,167 0% Winchester Rd Widening 165-608 618,700 332,797 285,659 618,456 100% (3) Rancho Ca Rd Wide/Ynez Rd 165-611 66,827 66,827 66,827 100% (3) GuardraillnstallationlRainbow Canyon 165.619 363,493 2,431 712 3,143 1% Jefferson Pavement Rehabilitation 165.621 233,536 130,951 102,584 233,535 100% (3) Rancho Ca Wide Old Town Front 165.624 1,066,534 14,180 28,854 43,034 4% 79 South Medians 165-625 3,261,897 13,516 19,053 32,569 1% Western Bypass Corridor-Phase I 165.628 899,772 0% Bus Bench Upgrades 165.629 261,971 7,257 243,958 251,215 96% (3) Pala Road bridge 165.631 27,548 27,548 27,548 100% (3) Diaz Realignment Vincent Moraga 165.632 2,008,277 67,803 27,455 95,258 5% Traffic Signals-79S@Winchester/Redhk 165.653 150,000 0% Traffic Signa1s.79S@CountryGlen Way 165.654 199,140 164,140 164,140 82% (3) Pavement Rehabilitation 165-655 1,756,772 33,423 786,832 820,255 47% (3) Pavement Rehabilitation-STPL Project 165-657 216,000 Traffic Signals-RedhawklOverland Trail 165.658 103,000 Traffic Signals-Jefferson@Sanbom 165.659 160,000 Western Bypass BridgelMurrieta Crk 165-660 335,000 Liefer Road Assessent District Imp. 165.661 200,000 115179S Interchange- Ultimate 165.662 440, J 25 43,378 359,443 402,821 92% (3) Rancho Vista Rd Sidewalk 165-663 109,000 Temecula Park & Ride/Transit Center 165-664 207,000 Temecula Police Storefront 165.665 180,000 Pechanga Parkway Improvements 165.668 11,885,001 1,069,933 1,177,665 2,247,598 19% 12 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Three Months Ended September 30, 2005 Annual . Percent Amended YTD Total of Budget Activity Encumbr. Activity Budg-et Flashing Beacons 165.670 20,000 0% Temecual City Entry Monumentation 165-671 150,000 Diaz Road Extension at Cherry St 165.684 134,502 100,509 100,509 75% (3) Rancho Ca Bridge/Murrieta Creek 165.710 387,959 191,227 195,537 386,764 100% (3) Traffic Signal Equipment Installation 165.712 345,000 0% Localized Stonn Drain Improvements 165-715 349,504 0% French Valley Parkway S,B, Offramp 165.719 6,094,918 15,421 138,019 153,440 3% - Bridge Barrier Rail Replacement 165.722 293,217 8,419 256,702 265,121 90% (3) Butterfield Stage Rd Extension 165.723 20,825,000 0% French Valley Parkway 115 Offramp 165-726 10,410,802 120,866 886,976 1,007,842 10% Fire Station Wolf Creek 165.733 4,025,980 14,554 42,708 57,262 1% 79S Sidewalk/Landscape 165-734 124,240 7,113 7,113 6% Murrieta Creek Improvements 165.735 150,000 0% Pedestrian Bicycle Bridge - CHS 165.738 90,520 0% Fire Station Roripaugh Ranch 165.741 3,833,380 503,003 2,898,955 3,40~,958 89% (3) Maintenance Facility Expansion 165.742 6,882,086 107,586 355,932 46~,518 7% Main St BridgelMurriet Creek 165.743 277,596 5,133 113,198 1\8,331 43% (3) Long Canyon Detention Basin 165.746 235,927 0% Temecula Park & Ride 165.747 131,000 0% < Santiago Rd. Improvements 165.749 268,000 0% Old Town Properties Master Plan 165.751 237,225 488 164,443 164,931. 70% (3) Rancho Ca. Wide 1-15 E. Ynez 165.752 320,000 0% Murrieta Creek Multi-Purpose Trail 190-142 1,904,865 7,399 59,031 66,430 3% Redhawk Park Improvements 190.144 570,000 Children's Museum 190.165 6,620 6,620 6,620 100% (3) Community Theater 190.167 3,396,756 2,308,144 983,419 3,291,563 97% (3) Patricia H Birdsall Sports Park 190.173 12,792,728 2,890,888 9,237,866 12,128,754 95% (3) Pablo Apis Park Add Amenities 190.182 14,116 288 2,583 2,871 20% Multi-Trails System Citywide 190.185 1,015,932 26,063 49,524 75,587 7% Ronald Reagan Sports Channel Silt 190.187 500,000 0% Vail Ranch Middle School Basketball 190-188 102,913 39,357 39,704 79,061 77% (3) Veteran's Memorial Pavers- Phase 2 190.189 52,000 0% (3) Dog Parks Areas Various City Parks 190.190 150,000 0% Kent Hindergardt Memorial Park 190-191 71,000 0% Lorna Linda Play Structure Surface 190.192 150,000 0% Nakayama Garden & Tree Lighting 190-193 10,268 0% Rancho Ca Sports Park NlS Fields 190.194 31,053 31,053 31~,053 100% (3) Roripaugh Rancho Open Space Trails 190.195 172,125 2,874 22,992 25,866 15% (3) Temecula Community Center Expansion 190.197 890,000 0% TES- Swimming Poll Renovation 190.198 6,065 184 5,880 6,064 100% (3) Library 199.129 15,474,172 1,268,924 12,030,961 13,299,885 86% (3) Old Town District Acquisition 199.130 100,505 44,027 7,818 51,845 52% (3) Old Town Property Purchase 199.131 2,546,500 1,599,401 1,599,401 63% (3) Total Expenditures (Excluding Transfers) 123,126,110 10,927,484 31,129,831 42,057,642 34% Revenues Over/(Under) Expenditures (11,682,566) 595,267 Beginning Fund Balance, July 1, 2005 16,402,929 16,402,929 Ending Fund Balance, September 30, 2005 $ 4,720,363 $ 16,998,196 Notes: 1) The variance is due to Assessment District reimbursement rec~ived for the Pechanga Parkway and State Route 79S project. 2) The variance is due to revenues in the amount of $2,309,343 for the 1-15/79 South Ultimate Interchange project being. available from TASIN for this fiscal year 2005-06. These revenues were not anticipated until 2007-2010 as budgeted in the CIP. 3) The variances are due to encumbrances that are recorded for the CIP projects for the entire fiscal year. 13 Internal Service Funds Combining Balance Sheet As of September 30, 2005 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Assets: Cash and investments $ 1,560,244 $ 654,992 $ 1,022,9tO $ 248,643 $ 189,259 $ 3,676,048 Receivables 8,252 3,281 7,071 1,290 1,627 21,521 Prepaid assets 86,601 86,60t Property, plant and equipment (net of 1,227,818 304,371 89,736 1,621,925 accumulated depreciation) Total assets $ 1,655,097 $ t,886,091 $ t,334,352 $ 339,669 $ 190,886 $ 5,406,095 Liabilities and fund equity: Liabilities: Current liabilities $ 446,208 ~ 106,192 $ 21,147 $ 44,786 $ 618,333 Capital leases payable 90,548 90,548 Total liabilities 446,208 0 106,192 ' 111,695 44,786 708,881 Fund equity: Contributed capital Retained earnings 1,208,889 t,886,091 t,228,t60 227,974 146,tOO 4,697,2t4 Totai fund equity 1,208,889 1,886,09t 1,228,160 227,974 146,100 4,697,214 Total liabilities and fund equity $ 1,655,097 $ t,886,091 $ 1,334,352 $ 339,669 $ 190,886 $ 5,406,095 Please note that these balances are unaudited. 14 City ofTemecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Ftmds For the Three Months Ended September 30, 2005 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Revenues: Investment interest $ 8,252 $ 3.28t $ 4,322 $ 1,280 $ 627 $ t7,762 Charges for services 138,071 77.395 496, t 05 58,630 160,295 930,496 Miscellaneous 478 It 489 Total Revenues 146,801 80,676 500,438 59,9tO 160,922 948,747 Expenses: Salaries & wages 13,385 264,405 36,256 83,612 397,658 Operating expenses 153,612 172,094 14,517 77,436 417,659 Interest 1,082 t,082 Depreciation 75,829 66,t95 8,866 150,890 Total Expenses 166,997 75,829 502,694 60,72t 161,048 967,289 Revenues Over/(Under) Expenditures (20,t96) 4,847 (2,256) (811) (126) (t8,542) Retained Earnings, July I, 2Q05 1,229,085 1,881,244 1,230,416 228,785 146,226 4,715,756 Retained Earnings, September 30, 2005 $ 1,208,889 $ 1,886,091 $ t,228,160 $ 227,974 $ 146,100 $ 4,697,214 15 ITEM NO.6 Approvals City Attorney Director of Finance City Manager ~ ilK (Jt) (; CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: DATE: Grant Yates, Assistant to the City Manager December 13, 2005 SUBJECT: Resolution of Support-HR 3507 Pechanga Land Transfer (at the request of Councilwoman Edwards) PREPARED BY: Aaron J. 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 HR 3507 WHICH TRANSFE~S APPROXIMATELY 990 ACRES OF LAND FROM THE BUREAU OF LAND MANAGEMENT (BLM), SAN DIEGO COUNTY & RIVERSIDE COUNTY INTO TRUST FOR THE PECHANGA BAND OF LUISENO INDIANS BACKGROUND: In late July of 2005, Congressman Darrell Issa introduced House Resolution HR 3507 which proposes to transfer approximately 990 acres of land from the Bureau 0 f Land Management (BLM), San Diego County and Riverside County into trust for the Pechanga Band of Luiseno Indians. The property proposed to be transferred is located on the south end of the reservation property and extends to the easterly edge of Interstate-15 (map attached). Enclosed in the legislation is a statement of what the intent of this land transfer is as it reads, "The lands transferred under subsection (a) may be used only for the protection, preservation, and maintenance of the archaeological, cultural, and wildlife resources thereon." The intent of this land transfer is very similar to what occurred a few years ago with the Great Oak property and the Valley Rainbow Line opposition which is preservation of open space not development. Mayor Pro Tem Roberts as the City Council's Liaison to the Pechanga's has previously discussed this concept with the tribai leadership. In addition, this land transfer will not have any real effect on a proposed future interchange south of Highway 79 South/I-15. This alignment is yet to be established and the City will have to work with the property owner whether it is the Pechanga Band of luiseno Indians or the Bureau of land Management to dedicate a portion of this property for highway purposes. If the City Council chooses to adopt the attached resolution, staff will contactthe appropriate federal offices of Senator Feinstein and Congressman Issa. In addition, staff was notified that the 3'd District Supervisor Jeff Stone had also lent his support for HR 3507. FISCAL IMPACT: None at this time. ATTACHMENTS: Resolution No. 05- HR 3507 legislation Map of proposed land transfer RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING HR 3507 WHICH TRANSFERS APPROXIMATELY 990 ACRES OF LAND FROM THE BUREAU OF LAND MANAGEMENT (BLM), SAN DIEGO COUNTY & RIVERSIDE COUNTY INTO TRUST FOR THE PECHANGA BAND OF LUISENO INDIANS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City City Council hereby finds, determines and declares that: a, Congressman Issa has introduced legislation, HR 3507, that proposes to transfer approximately 990 acres from BLM, San Diego County, & Riverside County into trust for the Pechanga Band of Luiseno Indians b. The property proposed to be transferred is located on the south end of the reservation property and extends to the easterly edge of Interstate-15 (map attached). c, The legislation specifically addresses the intent of this land transfer being for the protection and preservation of wildlife resources not future development. d. The land transfer will not further complicate any future potential development of a new interchange on 1-15 as the property owner will remain the Federal Government Section 2. For the reasons set forth in Section 1, the City Council of the City of Temecula hereby supports the adoption of HR 3507 and directs the City Staff will notify the appropriate Federal offices of the City Council support for HR 3507. 11086-0001\863222v1.doc lIB l09THCONGRJ<JSS H R 3507 1ST SESSION . . IN 'rHE SENATl<J 01<' THI<J UNITI<JD STATES N()YI~l\lBgH 1 G, 2005 Heceiyed; read twice and referred to the COlllmittee on Energy amI Natural HCSOlll'CCS AN ACT. To transfer eeI-tain land in l~iverside County, California, and San Diego County, California, from the Bureau of Land Management to the United States to he held III tl'Ust for thc Pcehanga Band of Jjuiscno Mission Indians, and for other purposes. 2 1 Be 'it enacted by the Senate and House of Representa- 2 h'ves (!f' the Unded States (!f'AmeJ'iC(f, '/>n Conqress asse'mbled, 3 SECTION 1. SHORT TITLE. 4 This Aet may he eited as the "Peehanga Band of 5 Luiseno Mission Indians I~and Transfer Aet of 2005", 6 SEC. 2. TRANSFER OF LAND IN TRUST FOR PECHANGA 7 BAND OF LillSENO MISSION INDIANS. 8 (a) 'l'RAL'ISFER AND ADMINISTRA'l'ION.- 9 (1) 'l'RAL'ISFER-I<Jffeetive on the date of the 10 enaetment of this Aet and snbjeet to valid existing 11 I'ights, all right, title, and interest of the United 12 States in 111ld to the Federal lands described in snb- 13 section (b), including' all improvements thereon, ap- 14 purtenances thereto, and rights to all minerals 15 thereon or thel'ein, induding oil and g'as, water, and 16 related resources, shall be held by the United States 17 in trust for the Peehanga Band of Luiseno Mission 18 Indians, a federally recogTlized Indian tribe. 19 (2) ADlVIINISTRATION.-The transferred land 20 shall be deelared part of the Peehanga Indian Res- 21 ervation and administered in accordance with- 22 (A) the laws and regulations generally ap- 23 plicable to property held in trust by the United - 24 States for an Indian tribe; and HR 3507 RFS 3 1 (B) a memorandum of understanding en- 2 tered into between the Peehanga Band of 3 I~niseno Mission Indians and the United States 4 Fish and Wildlife Service. 5 (b) DESCI~IPTION OF r~AND.-The lands referred to 6 in subsection (a) consist of approximately ~)90. 74 aer'es in 7 Riverside County, California, and San Diego Connty, Cali- 8 fomia, as referenced on the map titled, "H.R 4808, 9 Peehanga IJand Transfer Act" and dated Septemher 1:3, 10 2004, which, bl)fore the transfer under snch subsedion, 11 were administered by the Bureau of IJancl Management 12 and are more particularly described as follows: 13 (1) Sections 29, 30, and 32 of township 8 14 sonth, range 2 wcst, San Bemardino hasc and lllC- 15 !'idian. 16 (2) Section 6 of township 9 south, rangc 2 17 west, San Bemardino base and meridian. 18 (3) Mineral Survey 3540, section 22 of town- 19 ship 5 south, range 4 west, San Beruardino base 20 and meridian. 21 (c) SURVEY.-Not later than 180 days after the date 22 of the enactment of this Ad, the Office of Cad astra] Sm- 23 vey of the Bureau of Land JVIanag'ement shall complete 24 a survey of the lands transferred nnder suhscction (a) for 25 the pmpose of establishing the boundaries of the lands. HR 3507 RFS 4 1 (d) lVlAP ON li'ILE.-The map refen'ed to in sub- 2 scction (b) shall be on filc in thc appro]Jl'iatc offices of 3 the Bureau of I.Jand Management. 4 (e) rJEGAI~ DESCIUPTIONS.- 5 (1) PUBLICATION.-On approval of the sUl'Vey 6 eompleted under subseetion (e) by the duly e]eeted 7 tribal council of the Pechanga Band of Luiseno Mis- 8 sion Indians, the Secretmy of the Interior' shall pub- 9 !ish in the Fcderal Register- 10 (A) a leg'a] description of thebolllldary 11 Jines; and 12 (B) legal description of the lands trans- 13 fefTed under subseetion (a). 14 (2) gPFECT.-Beginning on the date on which 15 the leg'a] descriptions are J1l1b!isheu lindeI' paragraph 16 (1), such legal descriptions shall be the offieia] legal 17 descriptions of the bounuary lines and the lands 18 transferred under subsection (a). 19 (f) ItULES OF CONSTRUCTIO:\.-Nothing in this Act 20 shall- 21 22 23 24 25 (1) enlarge, impair, or otherwise affect any right or claim of the Pechanga Band of Lniseno Mission Indians to any land or interest in land that is in cxistcncc before the datc of the cnactment of this Act; or' HR 3507 RFS 5 1 (2) affcct any water rig'ht of thc Pcchanga 2 Band of Jjuiscno Mission Jndians in cxistcncc bcfore 3 the date of the enactmcnt of this ltct.. 4 (g) RESTRICTED USE OF TRANSPERm'H) hums.- 5 'l'he lands transferred under' subsection (a) may be used 6 only for the protection, prcscrvation, and maintenance of 7 thc archaeological, cultural, and wildlifc resourccs thcrcon. Passed the House of Representatives November 15, 2005, Attcst: JEFF 'l'HANDAHL , ClrJ'lk, HR 3507 RFS H.R. 4908, Pechanga Land Transfer Act Map prepared at the request of Rep. Darryl Issa September 13, 2004 T85 {"~ ,;~ ,'. ,:,"~~':;'" .'i -:~;ll' 'r, 'F~"-' ~ ',"~!~i:,i?,!,:' .;~ OJ "::'U-\ ". -}2i't l/':S ;' >~" _ ,. _, '," J" " . :,' .1;_"\. T< ! \:H~tj!;~t"f~~ .::' , -'~:.1~'! '.;-: k' T55 ,;'~} , " ,,';:{ .~~' ilk ,J:'~' iE~,~~I=:'-,+~:~ '\, i~,~.:,:J::;'i;" ',' , , ;'I_~", <",;r.11 i, '". " ',Frl' ~,""K ,,\,' !,','"',~,",i;~""',.,i:','tj1~,K,,, " 1",(," ". s:;", ",.~ 'I',' :~',':"V'\, " 1';:....<:( L1.:ji!~j\' ,~"T" :..wl, "iH ,~ , /1 :.;';. .",~.,.";;~F'~ " i"" '~'~,")/':':I" ,"1 ,,'.1J r~~p:' "",;,,':"", /' ........1,:' :;: ,', "', ,I'" ",," I~t, L~:': ~f. ~:ft' r,l ,I , "':'- K "':q) i,' i ;: ,."i.,. ',:1;:: ,;, -:::, w. " '" :". ,'I,. , ..... ~ "',;" '"" ",i,',>::'; ',,'" :..", " ";~', ......... 0,' "", "" ,," " " 0 .i:+: ,;f;,j:'; i.c" ..... 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ITEM NO.7 Approvals City Attorney Director of Finance City Manager ....- ~ 9'3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: DATE: Grant Yates, Assistant to the City Manager December 13. 2005 SUBJECT: Resolution of Support-Expedited Improvements to 1-215 (At the request of Council Member Naggar) PREPARED BY: RECOMMENDATION: . , Aaron J. Adams, Sr. Management Analyst That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS IN THEIR EFFORTS IN SEEKING EXPEDITED TRAFFIC IMPROVEMENTS TO INTERSTATE-215 BY THE STATE OF CALIFORNIA BACKGROUND: This item is placed at the request of Council Member Mike Naggar. On November 29,2005, the Riverside County Board of Supervisors passed a resolution of support to expedite traffic improvements to 1-215, specifically between the City ofTemecula and the City of Perris. IUs the intent of this resolution to support the forward thinking of Riverside County in an effort to c~lIaborate resources to expedite much needed improvements to 1-215. This particular section of roadway carries over 85,000 vehicles per day and continues to experiences growing congestion. This congestion is particularly severe in the areas between the interchange with 1-15 north to approximately "D" Street in Perris. since the freeway is only four through lanes (two in each direction) through this bottleneck. This portion of 1-215 was identified as the north/south intra-county CET AP corridor by RCTC. Funding for widening on 1-215 is identified in the Measure A Extension, approved by the voters in 2002. CAL TRANS, working cooperatively with RCTC has started the necessary studies for the expansion of the freeway. The Project Study Report is expected to be completed in mid 2006 and then the Environmental and Design Phases would need to be done, which may take a few years to complete due to the scale of the project and the major coordination efforts that also involve the Federal Highway Administration and other agencies. The Riverside County Board of Supervisors has specifically asked the County Transportation Department to work with CAL TRANS and RCTC to explore all options that may provide more immediate relief, such as striping a third through lane where possible, and other potential ideas that may provide tangible traffic benefits. In addition, it is the City of Temecula's request that Riverside County and cities in SW Riverside County seek the intervention of State representatives Senator Dennis Hollingsworth and Assembly member Ray Haynes to use their influence and leadership to find reasonable methods to expedite these much needed freeway improvements. FISCAL IMPACT: None at this time. ATTACHMENTS: Resolution No. 05- RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE RIVERSIDE COUNTY BOARD OF SUPERVISORS IN THEIR EFFORTS IN SEEKING EXPEDITED TRAFFIC IMPROVEMENTS TO INTERSTATE-215 BY THE STATE OF CALIFORNIA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Interstate 215 is a key Regional Transportation Facility in Riverside County, that also serves the San Diego and San Bernardino areas Section 2. There is a need to widen the entire stretch of Interstate 215 in Riverside County, which has been recognized by the public by including this as one of the facilities funded by the extension of Measure A, approved in 2002 Section 3. The Interstate 215 corridor carries over 85,000 vehicles per day in jhe section between the City of Temecula and the City of Perris; which experiences substantial congestion due to the "bottleneck" caused by having only four through lanes in total Section 4. CAL TRANS, in coordination with the Riverside County Transportation Commission, has initiated the necessary Project Study Report for the widening of Interstate 215 between Interstate 15 and "D" Street in Perris Section 5, There is a need for immediate relief, today, in advance of the timeframe necessary to deliver the CAL TRANS project Section 6. Riverside County Board of Supervisors has designated Interstate 215 as a high priority Freeway Corridor in need of immediate improvement Section 7. Riverside County Transportation Department has been directed to work with CAL TRANS, RCTC, and other regional partners to explore any feasible measure to provide immediate congestion relief for the section of Interstate 215 between Temecwla and Perris ~ Section 8. These measures should include exploring re-striping to achieve additional lanes, and any other feasible solutions that may be accomplished in the short term Section 9. The City of Temecula seeks the intervention of State representatives Senator Dennis Hollingsworth and Assembly member Ray Haynes to use their influence and leadership to find reasonable methods to expedite these much needed freeway improvements PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 2005, Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W, Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of December, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk ITEM NO.8 Approvals City Attorney Director of Finance City Manager p.~. IJt2 f}1J v CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council . FROM: William G. Hughes, Director of Public Works/ C~y Engineer DATE: December 13, 2005 SUBJECT: Tract Map 24188-2, -3 & -F located East of Meadows Parkway, South of Pauba Road and W,,!st of Butterfield Stage Road. PREPARED BY: 'Ronald J. Parks, Deputy Director of Public Works .Chris White, Assistant Engineer 'That the City Council: RECOMMENDATION: 1. Approve Tract 24188-2 in conformance w~h the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and acceptthe Faithful Performance Bond, Laborand Material Bond and Monument Bond as security for the agreement. 2. Approve Tract 24188-3 in conformance with the Cond~ions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and acceptthe Faithful Performance Bond, Labor and Material Bond and Monument Bond as securityforthe agreement. 3. Approve Tract 24188-F in conformance with the Conditions of Approval, Subdivision Improvement Agreement, Subdivision Monument Agreement and acceptthe Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreement. . BACKGROUND: Tract Map Nos. 24188-2,-3& -F are located within Tract 24188 of the Paloma Del Sol Specific Plan No. 219. As part of Specific Plan, Tract Maps Nos. 24188-2, -3 & -F are subject to all Specific Plan Amendments and Agreements. On January 8,2002, the City of Temecula City Council approved the Vesting Tentative Tract Map No. 24188, Amendment No, 4. Tract Map No. 24188-2 is a one hundred twenty-four lot (124) single family residential tract. The tract is located East of Meadows Parkway, South of Pauba Road and West of Butterfield Stage Road, The site is currently vacant. Tract Map No. 24188-3 is a one hundred fourteen lot (114) single family residential tract. The tract is located East of Meadows Parkway, South of Pauba Road and West of Butterfield Stage Road. The site is currently vacant. Tract Map No. 24188-F is a seventy-seven lot (77) single family residential tract. The tract is located East of Meadows Parkway, South of Pauba Road and West of Butterfield Stage Road. The site is currently vacant. The owners of the property: Cal-Paseo Del Sol, LLC, A California Limited Liability Company has met all of the Conditions of Approval. These final maps are in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The following fees have been deferred for Tract Map Nos. 24188-2,-3 & -F: Development Impact Fee due prior to issuance of building permit. FISCAL IMPACT: None ATTACHMENTS: 1.) Development Fee Checklists 2.) Fees & Securities Reports 3.) Project Vicinity Maps 4.) Tract Map Nos. 24188-2,-3 &-F CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24188-2 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) NA Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit . , CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24188-3 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24188-F The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24188-2 DATE: December 13, 2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 796,500.00 $ 398,250.00 Water $ 214,500.00 $ 107,250.00 Sewer $ 359,500.00 $ 179,750.00 TOTAL $ 1,370,500.00 $ 685,250.00 Monument $ 51,700 - ~ . DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES ~ Planning Fee $ 225.00 Comprehensive Fee $ 8.00 Plan Check Fee $ 4,830.00 Monument Inspection Fee $ 2.585.00 Fees Paid to Date $ 3,613.00 Balance of Fees Due $ 4,035.00 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24188-3 DATE: December 13,2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 736,500.00 $ 368,250.00 Water $ 238,000.00 $ 119,000.00 Sewer $ 295,500.00 $ 147,750.00 TOTAL $ 1,270,000.00 $ 635,000.00 Monument $ 27,500.00 - DEVELOPMENT FEES . City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 215.00 Comprehensive Fee $ 8.00 Plan Check Fee $ 4,630.00 Monument Inspection Fee $ 1.375.00 Fees Paid to Date $ 3,253.00 Balance of Fees Due $ 2,975.00 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24188-F DATE: December 13, 2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 1,456,000.00 $ 728,000.00 Water $ 137,500.00 $ 68,750.00 Sewer $ 230,500.00 $ 115,250.00 TOTAL $ 1,824,000.00 $ 912,000.00 Monument $ 20,130.00 - , , . . DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 178.00 Comprehensive Fee . $ 8.00 Plan Check Fee $ 3,890.00 Monument Inspection Fee $ 1006.50 Fees Paid to Date $ 2,476.00 Balance of Fees Due $ 2,606.50 SHEET 1 or 8 (;I1()S;fAlilSt'JJ.l(16AC1f(3 NU.,ICRC$.,'n.671 NlAJIitRDI'LC13:I!U /ll.JJHJfROFIDTE1i!DLOTS:/J TRA CT NO. N THE art OF ~ COIMTY OF /II&:!ilaE Sli47E OF C4U"QNt 24188-2 _<'7'1InIIn' ___"'~f1F_2IllllI; N~MIIOOI(_tJF~1T __ArIHC'lElU:STorINC t:m'~ctfI'orlDCtUll ~- ~- -.- __-CUR(-_ ft _ _-...c_1IfU ~~ BEINCASlJIlt:JMSJtJNDFAI'aIT1DNVIWICElSB1HR/1lJCH,J/,1rxE1HER1K1H1'CImt:/NSOFtETTEREDLOlS 'VAN/J'N",OFPN/CJ1.lW':)3C2ASSlKMNBYMAPONf1I.ElNlJ(}OI(JS,ATPAl:6,Mffl/t(J(I(;1t" H:I./lSlVEOFIMRC.aAW'$/NTlEOflICEOFTHECClUfl'YI/ECORIJEROFRftERSlJEC<<fIT)'S1A1FOF .wiUST,~ ~ 1IIf:~~1tU. 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I )0.,( &'JUIllOCl::WIItCIl.I'lMl:lB"_'" \r- I~ll I I ,/ r1....t >,'<( 11II[&OUIfTYtY'M6tlll:IE'If!Ir .---, I-l.-.L-I-'--' I II x' ' lIIJaIIIOIr__~.u 1;.1 171----.-.' j' / .....I( ___taJfla1-ltU..tJA. \..--,\1 ,-r.......,.. ....t \C':f\L..lJ.J-l--ul.Ll-{ I.r-)I II \10 I '-__ IJ"" ,A' . \( "'.... IS<. I ,t- ~/ ,- lC IL+-41 IL-.,. .JIll 1IL;'-..Jlr lIh_:JI~ J\r-1.--llt J)\:<_~~\..~ .-=<'--'\ JIl ~.<"\'~\IC <\ '<\' J)'r- \ }<<\ 'I.>>,:/'.... , \ >>;~-:r.."(~y ~ ~>,':;:\y '"\y -( "" I GRAPHIC SCALE U.,. (.rar) 1_~lIOlIlIL i ~ I/lfI1f!q wwrtNI'" . =~:;,:tIC'ts~___.c~_.II..I.--.t'_ .II. __44'___"~.r___'U'''''''.1III:I1I (1N.llllsmT~_.Z4__t"M'~ ...,. --"""---_"'11/I11' __ftUD~r.1Ulll\I ---IIIUHIll"'~~_MIRIll .IMlr __44"_ClMJ.mu_.....r~_.nIlfID",I.JIt'.iWll'I /lIM.:o.$lZl"-.)__M1M~/I6,~{IHSD_~ ~ __"Ul.iINfJ_"uuw._1VI_M1#U__~ pU#_~~"'M1J ....,. 1IIlCVlll'_""'__.-,......r___",_.n.tJIN tM/.tllSlll"J.Ql)__N4_""~(,IIU2_-. RI.'i:l'r"'--- ____~_~.._OF".._tY'._,,$:Iii<<_.lJ _tM__IfIlf-,fU/1"__t_,._R"_IN1Ht:_ tiF___tiF_~__"_JI - -or..u~Nl>>F' ___Nnr:tH;__Il"'fU"mcrJf1ll:X:tiFlIfC(lI'f~ _tiFlDR'tu.IlNua__ 1NIr_ _A'Jrl:#.ouU/3 -~ > 5Et: SHUl ;Z fO'r BOlJl'ltWtY MAP, SURVEYoa'S MOTES, EASnIENT NOTES. 8ASIS OF' BEAllIiGS AND VICINITY I.lAP " ~ atY 01" I!IBU4 autrf OF MaSI:I; $OO!' OF 0IlfiMM4 SHErr 3 or a SHttTS TRACT NO. 24188 \ \ \ \ t/DNt$A~VA/'IOR1I1;J1iOFPWit:aS27,..14n,ANI1..1ll. 'frJ6DNOtW1/lLt11rREDwlS'.r 1H/KIWH'N". NCt/./Sllf; V..wraz.AW'..1:uJ2A$5HCWHBYMAP(JNnEJYfJOa< 15f.AT/WLS,JIJ ~~~r#'PARCD.AW'$ N::'Wli!~1/tCmt:~=01"~~M:. , i \ \ J1 \ 29 \ \ \ , \\ \ --- , \ \ \ \ \ ;g;;i>"..... J:1 ,.?Girl ~ " ~ ;u \0 <II \ . <:I ~ ~- ~ ':t 45 ~ II) ....!!!!",,, ... ".o!!!' -- ~--- II) ~ " .. --- -- i \ ~ ., J7 ......-...- ~ " ... ~ .. J ( I'ool I GRAPHIC BeAU: l;;;;;oU''' r lle&1I::l"w.w" " SEE SHEET NO. 8 SEt SIU'ET 2 fOR eOUNOARY ....P. SURVEYOR'S NOTtS, EASD.lENT HOTU, BASIS Of' BEARINGS AND YJaNITY IW' N 7HEaTYOFlDE!t.lA. CClIi1YDF~ ~OFOIt6QliM4 $/fEtT4OE 8S1-EETS TRACT NO. 24188 BDHCA$JJSlJIII/$/()N(JFAPCR11ONDf'~;7. 24 ~,AIlf)~ mGETHt1tWITHID1t1ttDLOTS".I' 1HRCJUt:H"N'; H:WSl'.S; ClF'AIRICl!1I.lAP~)SSHOIINBrI.MPCNFREN1/()(JJ/(,Sf, IITAlGD.D <l~~OFfWlCD.AW'S/N~=~11tC~~(Jf'~~H: ~,~ _u .. -- ,p'" .~... ..""'" __SPd ,. ~ NET 27 JlI .. ~"1"" ., ~ll~ 32 -- ~ - -., ..~, ---...-- - ... ". -, , .. -, -- ~ .. . .. .. - - ... - ..... ... " - .- - ,~ sa: ( ~ I GRAPHIC BCALE ~ ~ 'r SCItI;l'.4IlI' SEE SHEET 2 roR BOllNDARYWAP, SllRVEYOR'S NOTES. EAS(UEHT NOTES. BASIS Of 8tARINGS AND VICINITY MAP N11EarrOF7DiE1:U14.CtJtIIT't'tJF~$WE0F~ SHEET 5 or 8 SHEETS TRACT NO. 24188 IJSN6ASlAJDM$JCN(JF,oIPCRf1(JNDFPARCEJ.$27, #"..29;A.ID~ rfl6C1HER~lET1ERSJU"S-.r 7WKJlJ(;H"'!(".IalJSllE; (JFPMlCfi'I.J.JAPDmASSlKNlNIIYMN'OHRtEl{l1Ot:f(l".,oI,N.&ES.D r4~JiJ,OFPARClI..4Wl5; N~r=::-~~()F~~.N: GRAPHIC SCALE ( ,... I ~'..~ ~ ~ .....~W \ , ~\ \ \ ~ \ , ~, U ~~ (Ilrftll'l I_~. a. E PAUfI/o ROID ...,... .'- -~ ~~~r ~\\.. -l\\' .'" \ \ \ \ , ~ '" .. ~. \ \ \ \ \ \ \ \ \ \ \ i . .O' ~,.t_rA' , \ .... -' _III ,,,.,,, ~ . I 'h ~~~ h{l " .. {fl ...._ ~.~ ~..~ .. .!'.!"-r-...--- tl'_~~.!J!l. , '" ~ . (. . tflo\.' ",r.-!~ t ~ I ,-""- ~ ~.' PIDl-- ~\\\j~ .. ",."id' """fIl" ~ 1.\ ~ \" '\ ~ 1"...1,,,... _\ \ . , ~ \ ~ .. .. f :12 " --- JJ I< olIll1'/2.l'1o#V~1' ; \ . , ----- a; , ~ it .. 41 '" ~~ ,- ..'~- _-----!c ~~ ~. " , _---J\ , \ ----_/ \ .. . . 1 .. .. '" lCIf:...-:!l~ I I ,_- ~ ~ -- ,. ~ I.fi' "" ~/~' , , SEE: SHE:[f:l FOR BDlJHDARY WAf', SURVEYOR'S MOTts, EASEU[HT NOTES, BASIS CE BEARINGS AKl V1CIHIlY WAF' II 1HE aTY CF 1DlRU.C. C/JUN1)' OF ~ $TAlE CF ~ SHtET IS OF a SHms TRACT NO. 24188 BC.NtJASU1lJMSltJHDrAI'ORTIONOFPARalS37..1.c JlIl _.- 1rXC1HER1lfTllLEf1DlmLOlS..... 1HIiIOlJGH.N'.~OFPA.W:aJlN>;JtJ2A5"9ItJIIiN8rMAPaNfliE1N/J(J()I('!m,ATA4Q3'.rs T1RaA:H6f, orJ>AoOOa~ "7HC(R1CEOFT1/EctJtM)'liCCtJRDlRtT~otJUNIY~ AWt.C5T,:J/JM "'-SDltH1I1nNN1MRANCHOPMBL 7HE1tZ111t~1iC. J< << --- .. : J --- I .. I ; . /OI'lnn_ ~ "" \ rOr.WI"'~ ... lDrJll1f'l -..w .,. .... i I .__________ so . J7 q J8 ,. -~- ., " . ~ -- ~ . u ~' = '" ,ur u ~ u .:u..,. "rI,'#'. $UI" N'r?''U"/i U .q tll1 _~n nJl" , m~ -- "" ~ ~.. /; ,'~ft Ii "'" ~~_ ~ & 41 \ '" ~~'~ /fi' ~ 'r--...... '~" 'ff' . ""~, 'v~~ ...._ "'''<<> <<"""<<.~<, t..~,"42...", , .......~ 4Oi..----::""!l- -- - - , u - ,... ~I.cr - I.J."" ,mM aN M - - a~ u =M ~ 1$ RI1lIIC PM/( mE ..."" ..,. I ~H ~ ~ \\\ ~ ~\ --- ~~ ~... ~ , It,.; J GRAPFUC SCALE ~:...J · (-oat) 1_.#1\. i \ ~ ~ ".., ..i ~ Ii it .,~ ,. __ tJI'fN 5IWIC 7.!H$AQ, lET ",,,,,,- """ ~'--. .,~ .'4>.>o~~\ (, \\1\ ~ "" __ tJI'fN 5IWIC 7.1S46 AC lET SEE SHEET NO. 7 SEE ~EtT 2 F'OA 8OUt0AAY IUJI, 5URVEYOR's NOTES, EASDotEHT NOTES, BASIS Of BEARINGS AND VICINITY IolAP It THE arr OF 1DStC4 f:tDlJNTY OF JiMRSII:lt $TATE tJF ~ SHEET 7 Of' 8 SHiOS TRACT NO. 24188 l1E1NtIASlJ1JDMS1(JNCFA1'OR1/OHorPAfil:nS;?~a.AND.I4TOtJC1HD1t_lD1ENBJl.DP.i'.I' 1NROtI6H"N",AIII:1l.l5lH; tYPMa1MN'~.u:J:JAS"SHOWNBY_CIIRlE/NlKJ(JI(l~ATA4GC$.J8 1.r=rJiJ,OFPMC4.w':S: II~=~~=(JT~~IC ( '"" I GRAPHIC SCAIJI: T>-..JU " i . 7? _OI'EN....... .... "" NET N C."___1 I_~. .. PORTION PARCEL 29 .. .,' '/I f " ,,~ ';.~ '1'-,- ~ ; "-Z- , -- 0 , '5,. , \ ~ / ~~I '-t::./ , , , , , , , , , , , 62 \l;) <::) ~ ~ 1)5 !:J ~ ,. RI1IIIIi_snr Alai AC. NEr SEE SHEET NO. 6 6J .. ~~. ~...--"" ""-'>_ ,r "i' tl -.. -- ~ - ~ - -. , X~ N ,- ~~ - "W N ~w 'a"" ,. . ~~ =, JI.'" - . - w " ~w - U - - ~ '" --....... 7446 AQ, lET ~ . cJ,f& u ~ ~,.. ~ /~ ,fJro // 1~J/ 1"G / +'0 LOT 119 . . . .,.,lI1JJIlT ;.WF8't# ~-J'J'.w ",,"ff' - """,,- ~..," aM -- . ---- ---- --- ---- -------------------- ----- -------- TRACT 24187-2 ),IB 294/43-48 SEE-SHEET2fOR80llHDARY/U.P, SURVEYOR'S NOTtS.UUUENfNOn:S. 8ASISOf"IIEAR1IiGSAHOYlCl141TY1UJ' If ~ art' OF' 1S8U.4 cot.NIY OF ~ SIlUE or C4LRMM4 SIf[EJ 8 or 8 SH[EJS TRACT NO. 24188 /JDNC A SII1DIHSION tJl'A 1>aUICIN tJl'lWllZZS J7, 21, a. NVD "'I 1rJ6nHER IIrDflET1ERO) Lt11S V' 1WNJlJCH"N".M::I.1.!SM; tJl'P.lWCll_:n-u2ASSJIOfMtllr_0IIh.EINJ/l:J(JK1~nAft:D:>> ~:JJJ,or1'M'C6~#I~r=g,:f~=()F~~& r \ il II l . SEE SHEET NO. 3 ( /Ill I GRAPHIC SCALE .~ ,. RIlIIIC_stTE ~""NET ~w , T (__l lo.lo._"1I.. .\ ~ ,-~- , f , ~~ Ii' . l ~ :!- '1ttI>" ...lI(1."'~ l~~ /( . ~:t.>. 'Mfi/ \ ~ "'",~. ~~I.~ "'-.u-.,. './'"'' ,I/, ~- . , . . ! f . i ~ 'fA U ~ - -- ~ - . .- .- ~ .- - ,. - -""'...... - 7.!USAC: MET ,. "" . - ;!,i5: . ~ ,"'!!."" "- s::i ~ ~ ill !:J (;j ,d < '" l ~ .DL__~ IJC1UlW.w~ ~ " d . ~ d ., . ~. .". ~ . '. ~ -c._or j,4lUP ---- --- .-------- ;o:iiiI'J I~'" _-- :dP" .---- 2 _----...;;;,cr 247ff~ _----- ". 294/ ---- ~tllTrf~l.....!$' ,pId ITEM NO.9 Approvals City Attorney Director of Finance City Manager ~ /J~ {if:} (J CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: December 13, 2005 SUBJECT: Authorize Temporary Street Closure for a Portion of Butterfield Stage Road between Rancho California Road and Aherl) Place for the Installation of Rancho California Water District Connector Pipeline;(RCWD Project No, 1276) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate En~ineer . That the City Council: RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING A TEMPORARY STREET CLOSURE FOR A PORTION OF BUTTERFIELD STAGE ROAD BETWEEN RANCHO CALIFORNIA ROAD AND AHI;RN PLACE FOR A DURATION OF UP T021 DAYS TO ALLOWFOR INSTALLATION OF RCWD CONNECTOR PIPELINE (RCWD PROJECT NO. 1276) BACKGROUND: Rancho California Water District (RCWD) is requesting approval for the temporary closure of Butterfield Stage Road between Rancho California Road and Ahem Place to connect their existing 16" water main in Butterfield Stage Road to their pump station located at Rancho California Road. Due to the current narrow width of this portion of Butterfield Stage Road RCWD will need to temporarily close the full road width to perform the pipeline installation. The closure would be for a maximum duration 21 days. Current traffic access between La Serena Way and Rancho California Road via Butterfield Stage Road will be re-routed to Meadows Parkway per the attached Figure 1. The pipeline installation will be in accordance with RCWD Improvement Drawings titled, "Butterfield Stage Road Connector Pipe (Project No, 01276)." Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, forthose highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, '1emporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The recommended resolution delegates the authority to approve the temporary street closure for the proposed RCWD pipeline project at Butterfield Stage Road. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to-rules and regulations established by City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicle Code Section 21101. In addition to the pipeline work proposed for Butterfield Stage Road, RCWD also will be installing a section of new pipeline at Pauba Road as part oflhe same construction contract. The new pipeline will consist of a 24" transmission main along Pauba Road between Butterfield Stage Road and Calle Contento (the portion between Via Del Monte and Calle Contento is located within the County of Riverside). No closures 'will be needed for the portion of Pauba Road located within the City of Temecula (Butterfield Stage Road to Via Del Monte). Through traffic will be accommodated during the day by flagmen with ~he full street width opened each night. The portion within the County, however, will include a full road closure and include a traffic detour. The detour will re-route traffic through streets located exclusively within the County (See Figure 2, attached). The pipeline installation for Pauba RO'ld will be installed in accordance with RCWD Improvement Drawings titled, "Pauba Road Parallel Transmission Main (Project No. 40002). Both pipeline projects (Butterfield Stage Road and Pauba Road) will provide new water service benefits to the City. Benefits include improved fire protection and an increased capability by RCWD to transfer water to storage reservoirs for anticipated future demand. Also, the installation work will include the pavement restoration of a deteriorated portion of Pauba Road located immediately east of the City boundary. RCWD wishes to begin the work in the Spring of 2006. The actual street ~Iosure dates will be finalized once the contract has been awarded by RCWD and a construction schedule is confirmed. . - - Traffic control plans for the proposed pipeline installation work have been approved. Signs indicating detour routes will be posted as shown on the approved traffic control plan. Business and residents in the vicinity of the work will be notified of impending work and street closures at least 14 days in advance of construction. The contractor shall also post special advanced notification signs indicating duration of con.struction, a minimum of one week prior to construction. FISCAL IMPACT: None. ATTACHMENTS: 1. 2. 3. Resolution No. 05- _ Figure 1 - Detour Route - Butterfield Stage Road. Figure 2 - Detour Route - Pauba Road, RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOL.LOWS: WHEREAS, the California State Vehicle Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, Increasing water supply demands in the northeasterly portion of the City require that Rancho California Water District install a 16" water main connection at Butterfield Stage Road between Rancho Califomia Road and Ahern Place per RCWD Improvement Project titled, "Butterfield Stage Road Connector Pipe (Project No. D1276)"; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures on Butterfield Stage Road between Rancho California Road and Ahern Place to allow for construction of certain water main improvements during a single 21-day periOd between March 1 and June 1, 2006; and; THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecuia, hereby authorizes the City Engineer to permit the temporary street closure of Butterfield Stage Road as shown on Figure 1 of this resolution and made a part thereof, for a period of up to 21 days during construction of water facility improvements as noted above.. , PASSED. APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 2005. Jeff Comerchero, Mayor ATTEST: Susan W, Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecuia, do hereby certify that the foregoing Resolution No. 05- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of December, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk V. SERENA WAY C5(L) t\ .- ....C5(R) ~~ RANC\-\O Klill:cm ~ 4, ~ ;STEWAR.T \\ " 01,. '" 3;a 'fj>~ Dip,\' ~)-' . ADVANCED ~ NOTIFlCATION '-r SIGN C1 "D' 5w ~~ "" C5{R)"D' ~ c> ~~'1(~ u& "I SC311 ~ It\C5\Rl CALIFORNIA I I ,.......-NOT IN I' SERVICE I J 010 G:f"", c;:/o a,/a, fgl"-' :;,111 "'/", H C3A j FUTURE STREET --- -- -- -- -- ADVANCED NOTIFICATION SIGN p, BUTTERFIELD STAGE ROAD FROM RANCHO CALIFORNIA ROAD TO AHERN PLACE CLOSED TO THRU TRAFFIC FROM .MU; TO J:!AIE. LOCAL TRAFFIC ONLY R~ - o '" ..., "0 '" ,.., .Q.C5(L) .Q.C1 BUTTERFIELD STAGE ROAD DETOUR PLAN N,T,S. fM TRAFFIC SYMBOL LEGEND: H lYPE III BARRIER WITH 'T'1'PE: N MARKER, C3A SIGN. AND flASHER ~ CONSTRUCTION AREA. .:a SIGNS .. SPECLAl SIGN :;; n JE02 Univcr~ity AYe' Ril'erside, CA 92501 '951-5S~-6900 lIe 0 RP ORATE 0 I N :;; SCAlE, N.T,S, DATE, n/aa/05 - DIRECTION OF TRAf'fIC flOW C1 DETOUR AHEAD CJA ROAD CLOSED TO THRU TRAFfIC ~(R) DETOUR SC3 DETOUR DIRECllON RANCHO CALIFORNIA WATER DISTRICT F1GURE BUTIERFIELD STAGE ROAD CONNECTOR PIPEliNE DETOUR. PLAN 1 DRAWN By,IIRN CHECKED By,RAN W.O.: 59Z 136 . OF 2 ADVANCED NOTIRCATION SIGN (TYP.) PAUBA ROAD fROM VIA .DEL MONTE TO CALLE CONTENTO CLOSE D TO THRU TRArFlC fROM .llAIE TO .llAIE. LOCAL TRArFlC ONLY I <C if> ~ C5(R) DE P<IRlOLA ROAD PAUBA ROAD DETOUR PLAN N,r.S. ~ TRArFle SYMBOL LEGEND: H TYPE III BARRIER WITH TYPE N MARKER. eM SIGN. AND FlASHER ~ CONSTRUCTION mEA cf SIGNS -I SPECIAl SIGN ~ QIRECllON OF TRAFFIC FLOW C1 DETOUR AHEAD . C3A ROAD CLOSED TO THRU TRAffiC C5(lJ(R) DETOUR SC3 DETOUR QIRE:Cl10N Klmcm '" =1 ~ ~TKW^12T ::J ~ '" RANCHO CALIFORNIA WATER DISTRICT FIGURE 3602 lhiversity ~,' RiYetside, CA ~l5Q1 -951-684-6900 DETOUR PLAN 2 PAUBA ROAD PARALLEL TRANSIIISSION !lAIN INeO"~OItAT(D I N ~ SCALE, N.T,S. DATE,11/22/06 DRAWN By:MRN CHECKED By,RAN W.O" 692-135 OF 2 ITEM NO.1 0 Approvals City Attorney Director of Finance City Manager ~ 4..z CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: DATE: William G, Hughes, Director of Public Works/City Engineer December 13, 2005 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System w~hin Tract Map No. 29133 (Located on the East side of Ynez Road and North of Santiago Road) PREPARED BY: Ronald J, Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULAACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NO. 29133) BACKGROUND: Tract Map No. 29133 was recorded by the County Recorder on July 2, 2003. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. However, the one-year Warranty Bond and Labor and Materials Bond have not been released. The Warranty Bond will be released at the end of the one- year period in December, 2006. The Labor and Materials Bond will be released six months into the one-year warranty period in June, 2006, The public street now being accepted by this action is Laurie Rae Lane. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 05 - with Exhibits "A - B" inclusive. RESOLUTION NO. 05-00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN PARCEL NO. 29133) THE CITY COUNCIL OF THE CITYOFTEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, On July 2, 2003, the County Recorder recorded Parcel Map No. 29133 in which an offer of dedication for street and public utility purposes was accepted by the City of Temecula from J. Michael Lanni and Margaret Ellen Lanni; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED. that the City Council of the City of Temecula . hereby accepts into the City-Maintained Street System the streets offered to and accepted by the City ofT emecula .described in Exhibits "A. and "8" attached hereto, PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No, 05- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of December, 2005, by the following vote: AYES: COUNCILMEMBERS: .NOES: COUNCILMEMBERS: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2005 - Accepting a certain public street offered to and accepted by the City of Temecula as indicated on Parcel Map 29133 into the City-Maintained Street System as described as foliows: 1. Lot "A" (Laurie Rae Lane) of said Parcel Map No. 29133 It) g N d z z o i= ;:) ;..J o en w a: o 1-' m ;: ?- m :i: >< w I k"Ie~1II'11-.l ~k I . h~~ J ~~ I.. I J GI':l ,!....... r ft~ : I -cl!s .-o~__ - ~. 3_ , *.t~~ .., ~ ... ~ I I d i i'i Ov.l:iCl iJi~~~~ . r;. cnfd~u?3 o 1I(cr::a~o i _.wu N~~:gO coD5~-<: - =l"'U) 0 ~a*o~ ~ I ~ G~\';~:g i ei ~ gii'j~~ ':g 0-. \';5~~~ 8 Nr-.gn.~~ i 5<D<f(~~ fir. . ~0'l~::J~ . o 0 o~ib~ -, .~ Z ~~~~~ . . e t5<~:il. , i ~t3. i!f~~ "'0) Cl::li ~COl:>Zii! O:!l: [;JF ...JO~lD~ - ~g~g;;; tJ zzVl;i< ~ rio' ~;gi'j~;:t:; C ai:i:.::)Dj.... =~8~g _ ~ .. ;~i~~ ~ IS iiim..~ r::: .\'; ~ ~ .~ ~..; " . ~ ~ 9 n S~I ~I~ ~~ ~ I . ~ .. ~~ ~:t U R I: g~ ig ~~I ~Id f ~~~I!~;~ i! ~l! .0 ~~ H~ .Ui H~ i=~ ~ ~~ If~ll~ ~ il i '1 ~ ~ ~ ~~ ~ ~r I 51~ ~ . ~[!.~ ~~ l!~ ~ ~ " Ug~ ! r i'l ~ d~ !~Iii~~~ ill ~~ qr ~ up ~h d. I .~. -, 'i ~ r il ! ~ I ~ ~ ~i P ~~ I !ijl i hi l~il!l;i Il! ~6~ II~!~ I ~ !(! 1=11 ~~~ ~~~ ih!~i; II ~ ~i; ~ia i~~ i ~l~ ~IMt~~ ~B: IiI ,a. ~il ~ ti~~I~ ii~ ~s ~~~ ~I.~ 0 . . ;:: :: I ~~i j u; 1f!611;~~ IIi d~ ". <- :t,,1 ...: .. oi .. '" iii ...: .,; '" 2 ~ " " . ~s ~ ~@~ ~- ~s '- 5' ~ - ~' . . ~~~ . ~ ~~.! 1 I ~t~ ~ I ~~~!i~~ ~ I ~~I~ "i '" I ... ~ m '" t'HI ~ ~ ... ~, ~ " r ~~ i~' o ~ ~ .. C~-< ~ ; ~ ~ ~'9 ~~- ~~ "Y" ~ --:r- . If ; I i ...,_. a.r-"".... --- = _ -+- _ ~lo,.1.OO'to;.~~ I ~ r ::.'l!:~Zl..~ QI I Cl f~; --;=..-""\. OO's i l~c /t-.':po lD / -\] ~ ~ ?-v // >0 )/~ / ~I ";- 'it. 111V~1 "~- Q; -..1/ ~f ~::; ~ m J, ~ m .. '" ! ~ ~~~~ ~m~ D.n ITEM NO. 11 Approvals City Attorney Director of Finance City Manager V iJk 9P v CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: DATE: William G. Hughes, Director of Public Works/City Engineer December 13, 2005 SUBJECT: Parcel Map 31711 located East of Marga,rita Road and North of De Portolo Road, PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer RECOMMENDATION: That ttie City Council approve 1.) Parcel Map 31711 in conformance with the Conditions of Approval. 2.) Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Portolo Road. Parcel Map31711 is located East of Margarita Road and North of De On October 14, 2004, the City of Temecula Planning Director approved the tentative parcel map and the conditions of approval. The Parcel Map is a three lot (3) parc!ll map. The parcel map is located East of Margarita Road and North of De Portolo Road. - The owners of the property: Joy A. Dental Corporation, A California Corporation has met all of the Conditions of Approval. This Parcel Map is in conformance with the approved tentative parcel map. The approval of a final parcel map, which substantially-complies with the approved tentative parcel map, is a mandatory ministerial act under State Law. The following fees have been deferred for Parcel Map 31711. Development Impact Fee due prior to issuance of building permit. FISCAL IMPACT: None. ATTACHMENTS: 1. Development Fee Checklist 1,) Fees and Securities Report 2,) Project Vicinity Map 3.) Parcel Map 31711 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 31711 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 31711 DATE: December 13, 2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ $ Water $ $ Sewer $ $ TOTAL $ $ Monument $ 2,500 - DEVELOPMENT FEES : City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 . SERVICE FEES Planning Fee $ 291.00 TCSD Fee $ 141.00 Fire Fee $ 206.00 Plan Check Fee $ 2,649.00 ~ Monument Inspection Fee $ 274.00 Fees Paid to Date $ 2868,00 Balance of Fees Due. $ 693.00 - - "' .... w ~ j I ~ .~; .... e" tti ~~ ilj h ~5 . - ~ :5;5 ~ ~ /" I!~U a: li:l(,<;z:;... ~~ li~~~ ~ ~~l:;~@i~e~~ ~~s~~~~i. ~~j~i'.s~ ~j~~~'~.~ !iw.~J~~g ~"'tili::l~d~ ~ ~ I~i~..~i~ ~ ~ ~~~~.;~~8 B ~ I< ~~.~8~.S~~ ~ w ~ ~2<> ....0 ~ - ~ .8~;~~~d ~ h .I~.~~ ~ ~~~~ ~fi~", g .. .h~ ~h' ~ ~ ffi i~z~~~~~ei ~ III ~ ~ll!2 ::iUiS~:t " i '" '<~~olii~~.'o ~ ~ . 1li M~Mi8~~ ~ ~ U~ 8 - ~ ~~~~~~ "-l;jliia:::lliI Ozo",I:I..: - ..-.~' :8 lI!lti~~~ I ~~~~I~ - -< " .~"~.\ij ~ '.. I!! ~l13~i - ~ ,.... ~< ~ ~ ~.~~~z J.~ ;t III~ '" C' ~~."e3 - ~ o ,.... ~ll,?5 a: ~ ....:i(e;'" ~ ~ r-.... Q~ ~ l'! "~.9~~ . ~ ~~ ~ ~..,~~eiz.... ~ " ,....,~ 0 -.. o. 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I".~~~ <( :8O.ol" f- ~~~ ~r ~~ :ij , I , I J,,1><;,i:<:).:CLN J.~,fo.wd ~ ~ ' '" ~rl; ~~ .. l:) <l! ~~;g~ ~~ ...g: --'~ ~ '" l;l~::! ... Jt~ Si!' ;t; ...:;;~:. l ... ~~ l~ ~ ~ ~~~ ~~~;~ ::l~ ~~ w ~ ~~~ ~"'8~~ .. .. 050 oWe <(. II :';;"'~:;ilA (I] gj ~~~~~H~ : ~. ~ ;~"." I!i !; .~. . . 0" 0 . _.. b z ~",bl~~liI~l.1._ ~: @ j:~:i:i~ Z . wI, "h~ 8~8. 'N.~~'" ~ :;;ih'S*~~)!: ~ 0;'" ~J. ~~ ~ ~~ ~ ~ .-~~.-~~~~ ~ ~il~lg~2i~:2 ~ h~~Mi ~ !~!! a~d a ~.'liI(OO,-,,-, ~ "" ri...n ",,..: oS"; ~ <E1 <E1 " 3 ffi N~Z ~::!g ~8G:: .;~ ~~l:i I I l '- . . :J ... " " 00 jj~ ". ;;: ~1 ~. " " . ~ VICINITY MAP DEPORTOLA ROAD PM 31771 IGHWAY 79 SOUTH ~>- ~~ :r:~ ocr: W<( cr:a. N NOT TO SCALE ITEM NO. 12 Approvals City Attorney Director of Finance City Manager p~ ~Il 90. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, DATE: December 13, 2005 SUBJECT: Completion and Acceptance of Construction Contract Bus Bench Upgrades - PW02-1?: PREPARED BY: Amer Attar, Principal Engineer Laura Bragg, Project Engineer RECOMMENDATION: That the City Council: 1. Accept the project, Bus Bench Upgrades, Project Number PW02-17 as complete; and 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 amount; and 3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been .filed. BACKGROUND: On May 10,2005 ltie City Council awarded a construction contract in the amount of $221,780,00 to Sutherlin Contracting, Inc. for Bus Bench Upgrades, Project No. PW02-17. Twenty-four bus shelter and bench combinations were installed at various locations throughout the City and each is equipped with solar lighting, There were no change orders for this project. . The contractor has completed the work in accordance with the approved plans and specifications and 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 Bus Bench Upgrades is a Capital Improvement Program project funded through Federal Transportation Administration and Capital Project Reserves. The total project cost was $221,780.00. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3, Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: crry CLERK crry OF TEMECULA P.O. Box 9033 43200 Business Park OrlvlJ Tomocul8,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 award~d by the City of Temecula to Sutherlin Contracting, Inc. 2007 Mulra Lane, EI Cajon, California 9201~to perform the following work of improvement: IilUS BENCH UPGRADES ; Project No. PW02-17 4. Said work was completjld by said compa.ny 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 regular meeting thereof held on December 13, 2005. That upon said contract the Travlers Casualty and Surety Company .of America 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: Bus Bench Upgrades Project No. PW02-17 6. The location of said property is: Various Locations, Temecula, California Dated at Temecula. California, this 13'" of December. 2005 City of T emecula STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Susan W. Jones MMe, City Clerk .1, 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 13'" day of Dacember, 2005, City of Temecula Susan W, Jones MMC, City Clerk R:\CIP\PROJECTS\P\rV02\PW02.17I3us BenctJ Upgta<!a\COMPlETION NOTE.doc Bond No. 104510469 Premium Is 'ncluded In the Performance Bond CITY OF TEMECUlA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW02.17 BUS BENCH UPGRADES KNOW ALL PERSONS BY THESE PRESENT THAT: a co~ratlon "(fill;", IhtJr a COIpOmOOn. PtJrtmllslJJp at lndMdc.IaJ) . hereinafter called Principal, and Travelers Casualty and Surety Company of America. - NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound :unlo CITY OF TEMeCULA, hereinafter called OWNER, in the penal sum 01 Twenty-Two Thousand' One Hundred Seventy-EIght DOLLARS and and No/10oths CENTS ($ 22,178.00 ) In lawful money of Ihe Uniled Slates, said sum being not less Ihan len (10%) of the ContreGt value payable by the said City of Temacula under the tel111S of the Conlract, for Ihe payment of wI1ich, we bind ourselves, successors, and assigns, joinlly and severally, firmly by lhese presents. THE CONDITION OF THIS QBLIGA liON is such that whereas. the Principal entered Into a certain Contraet with the OWNER, dated the 10th day of May , 2005, a copy of which Is hereto attachlild and made a part hereof for the construc~on of PROJECT NO. PW02- 17, BUS BENCH UPGRADES. WHEREAS, said Contract provides that the Prirn:lpal will furnish a bond conditioned to guarantee for the peried cf one (1) year after approval of Ihe flllal estimafe on said job. by the OWNER, . agamst all defects In workmanship and materials whlcl1 may become apparent during said period; and - WHEREAS. the said Contract has been completed, and was the final eslimate approved on _ npl"pmnpr 11 .2005. NOW, lllEREFORE, THE CONDITION OF THIS OBUGATlON IS SUCH, that If within one year from fhe d..tll of approval of the fin..' estimate on said job pursuant to /he Contract, the work done under !he terms of said Contract shall dfs(;lose poor workmanship in the execution of said work, and the canylng oul of the terms of said Contrad, or It shall appear thaI defective materials. were furnished Ihereunder, then thTs obligation shall remain In full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to !he face arnoont specified, costs and reasonable expenses and fees shall be Included, including reasonable allomey's fees Incurred by llle Clly of Temecula In successfully enforCing this obligation, all to be taxed as coslll and included in any judQment rendered, . '. . IoIAlNrENANct:80ND 1.\.1 - nlC1P\PRaJECTSII'~'17B"'_U_'PW1l217l1i02005.cIlIl The Surety hereby sUpulates and agrees that no change, extansion of lime, alterslion, or addlUon to the terms of the COntract, or to the wor\( to be performed thereundar, or to the specifications accompanying the sarna, shall In any way affect its obll9atlons on this bond. and it does hereby waive notice of any ouch thange, exlen$lon of time, alteration. or addition to the terms of the Contract. 0110 the work, or to the Speclncatlons. Signed and sealed this' 15th day of November ,2005. (Seal) of Am~rlca B. Leslie Hahn (Name) Attorney-In-Fact (Title) . APPROVED AS TO FORM: P...., M. Thon;on. City Allomey MAlNTENANCE BOND M.2 Ft1OtPJJROJe:CT~W02\PWm.17 Rm: lWw<n 11M""/ill\~I.'YOI.....Mi:..... TRAVJ:LDS CAII1AL1Y AND SIlIlI1Y COMPANY 01' .6IlR'8WCA TRAVlLlllrurru,1Y AND IIU_IY COMPANY I'.utllDfG1'O!l' CAII1AL1Y COMPANY BardmI, c--~-.IIWIG pown 01' ATl'OINEY AND ClRTD'lCATI or AUTBOJUTY 01' ATrOIIDY(5)-JN..IPACf KNOW ALL l'DSONS BY TIIIB PDSIN'l'S. TJlAT DAVlfl.ns CASUALTY AND SIIDTY COMPANY or .......pI('A, DAVlfUWlI CASVALTY AND SIIDTY COMPANY IIIlI l'uunrGTON CASVALTY COMPANY. 0>>.__'--'" orpnI-1IIIIIer die InI at die SlIlI at ~ 11I4 bavlDa dIeIr JII~ aax. ia die OJ atlflnbd, ec..a, oIlfu1fOR1. StIlI ~ ~J~ t'Pt (IIIn;UudIa' die "C-.ia-"1M1 ... IIIIde. OOR.dl..~-4 ... .. ~"'A.\ lid do bJ tbeIe ... .. IIIIIrIt, <JIlII....II..... 1IIlI1IIII-~... 1_ P. ....h.".. D, ......, w. ~, IlIIcUd .. SCrIIIa, M. w.... LaUe ..... at S. .... CdItnII, tIIIIr u.1llll1awftJI AItanIcJ(.)-ia-FId, widl fbII pIMa' 11III......11) IIcn:by -60.... III lip, III ... 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Vb l'nIldIIIt, ay SetlI..- Viae I'iIllt.-~,... ay.Vb Pl" .. ... ay SlICICIIIIl VICe 1\--' dII n-.III1.Aool- n-,lba CaI:....... s.....z....., ,.001...... .....z IIIll daIy ItIaIIld ad ..w willi tile Caalpay'1 . by I s.....z ar .,tool,,",,! s.....,. ar (b) daIy -=t (1IIIdlr..1f ."'l"il..4) by CDar - Alb.-NI iD.r8Gt1llll ApIIII JllIIIIlIIIl1ll'" pa.w Jft'CII'bacI iD bla ar hIlr GCIlIilicam ar tlltdrCCl1i1lGllcl atllllbarityar by CD or _ CaaIpIDy alIklen plIIIlIIIIt 111 I wriUm ""1...... ofllUlbarity. nil Fvwer at AauIIIJ ud ~~ ~ AIItIIorftJ II"'" ..1I1111ed '" ,.."'....... ()rr-....~ ... priIded) IUIIIer aad '" ~It) oI...1aIIGwIIIa S1t.......~ WCed '" tile Beuda atDlnd8n oITltAVD :uS CASUALTY AND SlIDTY COMPANY 01' AMDICA, TllAVlfl.1UIS CASUALTY AND S1lDTY CO_ANY ... I'ARMINGTON CASVALTY COMPANY. wIdcIa Ru-hIfLw II _18 tldIlorce..... VOI'ID: 'I!llIl tIIIl aipIIIn at cadi at lba filI1awiDt. ~ PraiAIeDt, Illy ~ft Vb I'reIidom. 11I1 ScIllar Vb Po...4dwd, 11I1 Viae F. 1,,-\ ay AlIi"""! VlalI PraiAIeDt, 11I1 .....1'.11I1 Am~ ~, ad tile -' of lba CCIIIlJlIIIY may be IlIilrId by 1loMhna..1II .., plIWII' afall.lllMy ar 111 ay cerIilble reIIlizr& IbInlo IH '..Ii... "........... VICe 1'mI"""" Raldmt 4~ s....-ielar AIh....I)'I iD,P8GtIl1r. aAIl~ Cllllyat.-., ad I1IIIIiq bciDdlad 1IIIIIIrlIIdDp adadllrWliliup ....11....., iD tIIIlaatme tbIIIIa( IIIll ay _ pa.wordl:1t1Jlly or ~ beariDa _ ~ IipaIIn ... A.."'-IJ. . IbaIl be vaIld ad 1IiDlIIDI1IJIIIl tile CCIIIlJlIIIY ad ay _ JICIll'II' Ill. '11'" ad c:a1IW by ... ~ IipaIIn ad .......,.. . IIIaI1 be vaIld ad IiDdiDa 1IJIIIl tile CCIIIlJlIIIY fa lba Ibbn willi IelIpICt 111 ay batId ar 1IIIdIllaIdDa ID wbldl it iI......... . . tDS.04llW' . . STATE OF California COUNTY OF San Diego } SS. Janis E, Theodore. Notary Public 011 November 15, 2005 before me, PERSONALLY APPEARED Leslie Hahn per.wllall)' klloWIl/o lIle rllllp(U(llUIHINHlIIllJIUUUlU/lflllilllUl1Illfl1 UllUllllki '" be the persoll(!/!. whose name(s) is/are subscribed to the within instmment and acknowledged to me that /IeIsheltlUl;~xecuted the same in lII#herltH//f autlwriled CQ{K1City(I/iI, 0JUi thaI by flfslherilWtir sigllalurefll (111 the instrument the person( fl, or the entity upOIl behalf of which the per.wm(IJ acted. executed the instrument. 'c~ '@"JANISE'THEOOORE f ~ COMM. #1453200 :;:.. NOTARY P!JBUC-CAlIFORN/A ~ U _ SAN DIEGO COJlNJY' 0 I ~ . MY CommIssion Explre~ .... -. ~~Vf~2007 I WITNESS my hand alld olficial seal. This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattaohment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTIDN OF ATTACHED DOCUMENT o INDIVIDUAL o CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITlE/B) o PARTNER(S) o LIMITED o GENERAL o ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAMe OF PERSONIS) OR ENTlTY(JES) SIGNER S) OTHER THAN NAMED ABOYE 10-1232 (REV. 51(1) ALL-PURPOSE ACKNOWLEDGEMENT t ~ , , fl j j , , , 1 ;. ! , "I lj ~" r . I , J :1 j i [) . , ~ 1 , I . ; il q d 11 i I ,j , > ; i ~ . , J ; ; , , ";. ' r 1 i j , , i., , i.. 1 . \ ~ CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW02.17 BUS BENCH UPGRADES This is to certify that~\t'" {'~ff"l..~"" , (hereinafter the .CONTRACTOR") declares to the City of Temecula, under oath, that he/she/i"Tlras 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 contribution to the execution of irs 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. PW02-17, BUS BENCH UPGRADES, situated in the City of Temecula, State of California, more particularly described as follows: . ~I.L'" l~tR~~RE~"&~~E"tOCAnON 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 the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description o . Dollar Amount to Dispute D 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 or 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: / /- / t -0--5- By: ~f" ~.fht/!rl1 H~/de4f- . p t Name and TIDe . . RB.EASE ft.1 . R:\CIP\PROJECTS'I'W02\PW02-17BusBend1 UpgIllde\PW0217BID2005.dol ITEM NO. 13 Approvals City Attorney Director of Finance City Manager ~.- ~ r?fJ ~ilv , CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: December 13, 2005 SUBJECT: Consultant Services Agreement for Engineering Design Services for Rancho California Road Median Modifications between Interstate 15 and Ynez Road; Project No, PW05-04 PREPARED BY: Greg Butler, Principal Engineer Mayra De La Torre, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve an agreement with JMD in an amount not to exceed $31,135,00 to design Rancho California Road Median Modifications between Interstate 15 and Ynez Road, Project No. PW05-04, and authorize the Mayor to execute the agreement. 2. Authorize the City Manager to approve extra work not to exceed the contingency amount of $3,113,50, which is equal to 10% of the agreement amount. BACKGROUND: The Rancho California Road Median Modifications between Interstate 15 and Ynez Road project is identified in the City's Capilallmprovement Program Budgetfor Fi~cal Years 2006-2010. In this project, one additional eastbound through lane will be provided on Rancho California Road. Improvements will include, but not limited to: removaVreduction of the existing raised median, pavement, signage and striping, traffic signalization modifications, landscaping and any other associated work, as required. Existing curb & gutter on the north/south sides of Rancho California Road are to remain in place. No additional right-of-way is required. Request for Proposal No, 140 to provide professional engineering design services was sent to the following three firms: Hall & Foreman, Inc. Project Design Consu~ants JMD Temecula Temecula West Covina Staff determined that JMD was the highest ranked consultant based on their proposal. They have successfully performed similar projects in the past; they are currently performing work for the City of Temecula, Staff has negotiated a scope of work and an equitable fee with JMD for the professional services. Rancho California Road is a highly used urban arterial highway in Temecula. This project will increase the capacity of Rancho California Road and will also improve traffic circulation. FISCAL IMPACT: The Rancho Califomia Road Median Modifications between Interstate 15 and Ynez Road (Project PW05-04) is a Capital Improvement project is funded with Measure A funds. The total contract amount for the design agreement is $34,248.50, which includes the contract amount of$31, 135.00 plus the 10% contingency amount of $3, 113,50. Adequate funds are available in Account No. 210-165-752-5802. ATTACHMENTS: 1. Project Description 2. Project Location 3. Consultant Services Agreement ~ < o ~ N f;o;l ~ ~ on ,.., . ...... I rn z 8 < u IS ~ o ::g ; ~ ~ i u g u ~ .~ ~ u c ~ .41 f... +l U .,.... . ~. t ~ oS A.< ~ T -'" s . "" / f l ~ - ... ;:: z~ I ~ III .... ,.!, ~ F::: .~ u ~ l:l ~ ~ .Q,j I = ~ ~ ~ ~ ~ ~ Q ~ ~ ~ ~ o ~ ~~ e~ ~~ ~ i 1: ..... ~ ..9 Ol .9 ~ 'Ii :gj "" .S g ] .s "" ~ .~ .a ~ u .0 .g ~-g . 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I I '" ... ) Oil o-<~ 8 g g -<fr;;~ 53 ...~~ ~ <:> .. u.:l ~ ~ o(l~ o'S jj AGREEMENT FOR PROFESSIONAL ENGINEERING DESIGN SERVICES RANCHO CALIFORNIA ROAD MEDIAN MODIFICATIONS BETWEEN 1-15 AND YNEZ ROAD PROJECT NO. PW05-04 THIS AGREEMENT is made and effective as of December 13, 2005, between the City of Temecula, a municipal corporation ("City") and JMD C'Consultanf'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 13, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 13, 2006, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, atlached 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; , ~. PERFORMANCE. Consultant shall atall time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ. at .a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of Califomia, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the Califomia Department of Industrial Relations' Intemet web site.at htlp:i!www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, H77,5, 1777,6,.and 1813 oflhe Labor Code, Pursuantto the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker,. or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates . and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, . attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be performed, payment rates and schedule of payment are null and void, This amount shall not exceed Thirty One Thousand One Hundred Thirty Five and No Cents ($31,135.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall . be compensated for any additional services in the amounts and in the manner as agreed to by City 1 R:ICIP\ProjectsIPW05-04\Agreements\JMD Agreement Manager and Consultant at the time City's written authorization is given 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 or twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services prOVided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a, The City may at any time, for any reason, with or without cause, suspend or terminate this Agreemeflt, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise, If the City suspends or terminates a portion of this Agreement such suspension or terminalion shall not make void or invalidate the . remainder of this Agreement. - b. II"! the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4, 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by tl:1e Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without faultor 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 al)Y of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in eql!ity or under this Agreement. . 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- 2 R'ICIP\Projecls\PWD5-04\Agreements\lMD Agreement fied 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 a II work, data, documents, proceedings a nd a clivi ties related tot his Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written co~sent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including <;Itlorney fees and expert witness fees, or liability of any kind or nature which the City, i~s 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 omissions arising out of or in any way related to the performance or non-performance of this Agreement. excepting only liability arising out of the negligence of the City, 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be !ltleast as broad as: (4) (1) Insurance Services Office Commercial General Liability form No, CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile' Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees, Professional Liability Insurance shall be written 0 nap olicy form providing professional liability for the Consultant's profession. 3 R:\CIP\Proj~cts\PW05-04\Agre~menls\JMO Agreement b, Minimum Limits of Insurance. Consultant shall maintain limits no less than: (4) (1) General Liability: One million dollars ($1 ,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecVIocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bOdily injury and property damage. 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. (3) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate, i c. Deductibles and Self-Insured Retentions, Any deductibles or self.insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as . respects the City, its officers, officials, employees and volunteers; or the Consultant shall pr{)cure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses, d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by . the Consultant. The coverage shall contain no special/imitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coveragE! shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. . 4 R:ICIPIProjecfslPWOS-04lAgreemenfslJMD Agreement (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self . insurance shall not be considered to comply with these insurance requirements. f, Verification of Coveraoe. Consultant shall f umish t he City with 0 riginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent . contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultanfs exclusive direction and control. Neither Cjty nor any of its officers, employees, agents, or volunteers shall have control over th~ conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant . shall not at any time or in any manner represent that it or any of its officers, employees or agents are . in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultanf shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The . . Consultant shall at all times observe and comply with all such ordinances, laws and regulations, The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. . 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attomey, voluntarily provide . . declarations, I etters of support, testimony a t depositions, response to interrogatories or other information conceming the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court orde~ or subpoena, 5 R:\CIPlProjeclsIPW05-04\Agreements\JMD Agreement b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,. request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (i1) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (Hi) mailing in the United States Mail, certified mail, postage prepaid, retum receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below oron the third business day following deposit with the document delivery service or United States Ma,11 as provided above. To City: City of T emecula Mailing Address: P.O. Box 9033 , Temecula, Califomia 92589-9033 43200 Business Park Drive Temecula, Califomia 92590 Attention: City Manager To Consultant: JMD 4002 Hackley Avenue West Covina, California 91792-3012 Attention: Juan M. Diaz . 15. ASSIGNMENT. The Consultant shall nOt assign the .performance of this Agreement, nor any part thereof, nor any monies due hereunder; without prior written consent of the City, Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up tO,and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attomey fees and litigation expenses for the reliefgranted. 18. PROHIBITED INTEREST. No officer, or employee oflhe CityofTernecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the 6 R:ICIPlProJectsIPW05-04\Agreements\JMD Agreement Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect, Each party is entering into this - Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of 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. 7. R:\CIPlProjeclsIPW05-04\Agreemenls\JMD Agreement 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, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT JMD 4002 S, Hackley Ave. WestCovina, CA 91792-3012 (626) 581-1722 Juan M. Diaz, President/CEO PrinllType Name and Title (Two Signatures of Corporate Officers Required For Corporations) 8 R:\CIP\Projects\PW05-04lAgreements\JMD Agreement EXHIBIT A TASKS TO BE PERFORMED RANCHO CALIFORNIA ROAD MEDIAN MODIFICATIONS BETWEEN 1-15 AND YNEZ ROAD PROJECT NO. PW05-04 Professional Engineering Design Services 9 . R:\CIP\Projects\PW05-04\Agreemenfs\JMD Agreement City ofTemecula - Professional Engineering Design Services, RFP-140 Rancho California Road Median Modifications Between 1-15 and Ynez Road 4. PROJECT UNDERSTANDING, APPROACH AND SCOPE OF WORK Project Understanding The City of Temecula is proposing the addition of one eastbound througll-Iane along Rancho California Road between the northbound on/off ramps of Interstate 15 and Ynez Road. The proposed eastbound through lane addition will require median modilications, restriping, traffic signal modifications, and removal of conflicting landscaping all within existing right of way. As a result the City is procuring the services of a qualified consultant that can perform preliminary and final design in a cost effective and timely manner. JMD staff has extensive experience in Southern California on numerous transportation projects involving roadway rehabil~ation and beautification. In addition, JMD staff have prepared PS&E packages covering miles of street improvements in Southern California for numerous agencies. Such projects included the preparation streel widening plans, traffic signal installation/modification plans, traffic signal interconnect plans, signing and striping plans, and worksite traffic control plans. . Our understanding of the projecfs scope is the resutt of careful review of the City's RFP, dated October 17. 2005, and site reviews by our Project T earn to observe existing faalures and conditions. Kevlssues The JMD Team has carefully reviewed the subject RFP and has identified some of the key project issues based on the project s~e and our previous experience with similar projects that will be addressed by the JMD Team, Traffic Conlrol During Construction Due to the current traffic volumes along Rancho California Road and the project site's proximity to the northbound on/off ramps at Interstate 15, traffic control during construction will be a very critical element of this project tt is anticipated that traffic control plans will require coordination by Caltrans District 8 but only as this relates to proposed ::JMD construction activities. As a result coordination with Caltrans will not require extensive design coordinlltion but a more concise review by Caltrans staff responsible for issuing construction permits. DrainagelUtilities Most roadways and intersections involving median and traffic signal modifications typically have several utilities within proposed project limits. Such utilities include drainage facilities, sewer lines, water lines . and irrigation lines. Some of these .facilities may require protection and relocation. In ~ddition, these utilities may require exposure and pemianent support during construction. . The JMD Team has experience designing. improvements invOlving a vast number ~f utilities and will provide timely coordination to avoid unnecessary and costly utility conflicts. We will coordinate our utility work with the City and the various utility owners and be proactive al the beginning of the project in gelling accurate utility data and in determining the necessary notilications, review and processing requirements, Signing and Slrlplng Existing signing and striping along Rancho California Road and adjacent approaches within the project limits will be reviewed to accommodate the proposed additional eastbound lane, as approprfate. JMD will verify the conditions of existing signing al1d striping . and make necessary recommendations for the . proposed improvements, Base Mapping An accurate representation of existing conditions is critical to providing a design that is constructible. Attention to detail during the collection of base data. will result in minimal changes during the construction phase. Coordination of the new work with existing improvements becomes critical in providing a project that is constructible, In an urban environment there are many existing improvements along the street corridor, Such ttems as pullboxes, meter vaults, catch basins, existing landscape, driveways, hardscape and IV-l. ,.. City of Temecula - Professional Engineering Design Services, RFp.140 Rancho California Road Median Modifications Between 1,15 and Ynez Road other small improvements can cause significant problems during construction ~ not addressed during . the design phase. Our base plan preparation efforts, which include field walks before the preliminary and final plan submittal phases, w~1 minimize potential for oversight in this area. Any potential conflicts will be forwarded to City staff. ADA The proposed improvements must satisfy requirements set forth by the Americans with Disabilities Act (ADA). To comply, the proposed improvements will require that curb ramps exist at all intersections being modifled as well as midblock crossings where pedestrian access is legally provided, In addition, close review and effective solutions will be required where existing sidewalk widths do not currently meet ADA crilelia, particularly where traffIC signal equipment may affect these criteria. Responsiveness The City's workload and project schedules will require immediate responsiveness to ensure that the project scheduie is maintained, JMD' will provide such responsiveness by providing a Project Manager who understands the critical path in the roadway and signal. design process and has the working relationships with the key decision makers at Caltrans to streamline project activities whenever feasible. We believe that the success of this project will depend upon adequately addressing these key issues during preparation of the preliminary and final submittal package, Approach JMD's approach is to be Serv/C&-Ortented and keep the City informed throughout the project, We will meet with City staff early to verify the City's expectations for the project and our proposed scope, schedule and process. Once we are issued a Notice to Proceed for each phase, we will begin three initial tasks including: 1) collection of existing conditions via field reviews and . photo logging of existing conditions; 2) letters of notification will be sent to Impacted utility owners. requesting verification of existing facilities and proposed improvements; 3) preparation of a preliminary base map which will be utilized to develop and validate. an understanding of the conceptual plans and for use as the base plan sheets for the plan preparation, JMD will present the base map to the City during a brief job walk to identify existing constraints and define or adjust the proposed improvements, The purpose of this jobwalk will be to make adjustments in the phasing and to verify and finalize the specific improvements to be designed based on the availability of project funding. Afler approval of the base mapping and conceptuaVpreliminary plan sheets by the City, JMD will proceed with preparation of the final improvement plans for each respective phase when authorized to proceed by the City. Plans will be prepared to include a title sheet, roadway, signing and striping, traffic signal modification and traffic control plans. JMD will prepare the bid item list and construction cost estimates. JMD will process the submittal packages with the City for approval. All plans will be delivered to the City in AutoCAD 2005 format along with a diskette for future use by the City. Bid items and construction cost estimates will be prepared using electronic word processing and spreadsheets in a format consistent with the City's needs, JMD will utilize existing information available from previous pIals, studies, reports, investigations and analyses as a basis to begin any design work. This information will be augmenled and updaled, where required. Because they are typically on a project schedule's critical path and may require substantial lead time, the following tasks will begin immediately upon receipt of Notice to Proceed: . Research and Data Collection . Utility Identification and Coordination . Idenlificatlon of Right-of-Way Requirements JMD will meet with the City of Temecula staff responsible for review of design elements of the 30%, 70% and 90% plans as we are working on them. OIafl copies of this work wiD be submitted for significant work items before the milestone submittal date with fOllow-up meeting to solid input, This early coordination gives us a clear understanding of what the reviewers expect while giving the reviewers a ;;JMD IV-2 ,. :~.J - , . ,~if ' q~ - . ,... City ofTemecula- Professional Engineering Design Services, RFP.140 Rancho Califomia Road Median Modifications Between 1-15 and Ynez Road preview of what will be submitted before the actual submittal is made. Design of transportation improvements on existing facilities in typically highly urban setting. presents some unique issues and requires experienced design techniques, Based on our past experience, we understand the complexity of retrofitting existing transportation facilities while maintaining basic services, traffic flow and minimizing impacts to roadway improvement projects, Such issues may include: . Utility Iocation/relocation . Existing conditions and compliance with current standards (Knowing when to upgrade existing facilities to current design Scope of Work Our proposed work plan has been specified as follows: Phase 1- Preliminary Deslan 130%1 Task 1-1- Project Adminlstratfon, Meetings and Coordination The JMD Team will meet with City staff and confirm the project scope, establish key communication peISOnnel. refine time schedules and finalize design criteria. After review of the process to be followed, agreement on the design concept and schedule will be reached. This will avoid confusion and delays later in the project development process and facilitate timely review and approval of submittals. Meetings between the City and JMD will be held to keep all parties informed, resolve issues and successfully complete the project Written progress reports will be prepared monthly to assess project progress, identify issues and ouDine planned work tasks and submittals. We anticipale no portions of the project are located wRhin Slale right-of-way. Task 1-2- ResearchlData CollectlonlUtility Coordination . JMD will obtain documentation available from the City and/or County records pertaining to this project. We wiD assemble, sort and review existing available ::JMD standards and that impact on the project schedule and costs) . Construction staging and traffic control We believe that the success of any project will depend up adequately addressing these key issues during the project development process and preparation of the preliminary and final plans and estimates package. Once the preliminary phase work tasks have been completed, reviewed and approved by the City, JMD will incorporate comments and begin - work on the final design phase, which includes the preparation of final plans. speciflCalions and estimate. information on the project area, including 'as-buitt' plans, maps, studies, existing right-of-way and utility information in order to become fami6ar with the project, ascertain the completeness and accuracy of available information and delennine additional infonnation requirements, JMD will assist in preparing any easement documents for any signal equipment that may be located on private property. Fte1d reviews will be performed, as necessary, to verify that existing information is correct or to identify existing facilities unavailable during research. Due to the straightforward nature of the project, fleld review(s) for the project could consist of the following: The project sRe will be field inventoried to determine proposed locations of signal equipment signing and striping adjacent to the intersection, right-of-way, curb and gutter, sidewalk and miscellaneous topographic features. Caltrans right of way boundaries will be identified. This inventory will also identify potential utility conflicls. Any recommended additions or deletions to the project will be developed at this. time. A recommendation will be made regarding improvements necessary to achieve the City's objectives. After determination of the desired objectives for the median modifications, affected agencies will be JV-3 ,.~ City of Ternecula - Professional Engineering Design Services, RFP-l40 Rancho California Road Median Modifications Between 1-15 and Vnez Road contacted regarding specific requirements that they . have and also if they have committed to related improvements which would be implemented within the time frame of. the City's project. Any concurrent project encountered will be idenlilied, JMD will coordinate with utility companies involved to identify existing underground and overhead utility lines thai may inlerlere with the location of traffic signal equipment. For elecbical services, JMD will coordinate with Southern Califomia Edison Company. Task 1-3- Surveying and Base Plans JMD's surveying subconsultant Coast Surveying, Inc" will conduct detailed SUlVey within the project limits and develop the following: . Cross sections at every 50 feet within the project limits. . Centerline ties based on comer records. .. DeteRlline City and State R/W, . Establish temporary vertical and horizontal Control points for use during construction. . Provide documentation of survey monumenlation used in the design for subsequent use during construction. . Submn electronic files and a plot of control coordinates for use in construction staking. Phase /I - 70% Deslan Task 11-1- Preliminary Plans After review and approval of the detailed recommendations, JMD will prepare preliminary construction pians for the proposed median improvements. JMD will develop a conceptual exhibn to confirm that the proposed roadway improvements will not encroach within Caltrans right of way. In addition, plans will comply with the regulations and standards of the City and State of California, as . applicable. The following ouUines the specific details of the design plans: Title Sheet JMD will prepare a title sheet containing a vicinity map, general and construction notes, construction legend, list of affected utilities, a drawing list and other details covering the project limits. Roadway Plans . JMD will prepare detailed roadway plans at a scale of 1"=20' using the City-provided tiUe block. These plans will identify existing and proposed median and roadway features. Signing and Striping Plan JMD will prepare detailed signing and striping plans at a scale of 1"=40' using the City-provided title. block. These plans will identify existing. and proposed signing and striping features. Traffic Signal Moditication Plan JMD will prepare a detailed traffic signal plan for the intersection of Rancho Califomia Road and Vnez Road at a scale of 1"=20' using the City-provided title block. These plans will identify existing features such as right of way boundaries; roadway curbs, curb ramps, channelization. utilities and the like, These plans will also include proposed features such as vehicle detection. pedestrian push buttons, curb ramps, traffic signal poles, controllers, service cabinets, vehicle and pedestrian indications, and other features as appropriate, This proposal assumes that traffic signal interconnect design is not required althis time. Landscaping and I"igation Plans As requested by the City, JMD added Steven A. Ormenyi & Associates (SAO&A) to prepare the following: ProIiminarv DeveJooment PlanS: SAO&A will coordinate willi the City to ray out landscaping based upon Civil Engineer designed hardscape plan. Landscape Architect will provide a colored plan that will describe the landscape improvements to the site. . SAO&A will provide a probable cost of construction based on preliminary plans. One (1) meeUng with the City is included in the preliminary phase of the project. Contract Documents: Upon City's approval of the Preliminary Plans, SAO&Awill develop documents including draY!lngs in AutoCad that wiH descnbe the project in more detail: SAO&A with the city staffs input will specify the four .. ::JMD IV-4 ,.. City of Temecula - Professional Engineering Design Services, RFP-140 Rancho California Road Median Modifications Between 1-15 and Ynez Road new trees on the south side of Rancho Califomia Road. SAO&A will design an automatic irrigation system to include but 'not be limited 10: head placement valve sizing, connections 10 existing systems, specifying performance characteristics of the equipment etc. The irrigation design shall coordinate with the planting plan. As built irrigation plans of the existing median are assumed 10 be provided by the City. SAO&A agrees to provide its professional services in accordance with generaUy accepted standards of its . profession, SAO&A agrees 10 put forth reasonable effort to comply with Federal, Stale and local laws, codes, regUlations and ordinances in effect and publicly announced at the time seIVices are rendered. It is assumed that Owner will handle submissions 10 regulating agencies. SAO&A will attend one (1) meeting for coordination with consultants as required. SAOM's detailed scope of services, including optional !asks and assumptions, is included at the end of this section. Optional Drawings The following drawings are not included in this proposal due to the straightforward nature of the project as confirmed with City staff: Traffic Control Plans As directed by the City, the preparation of traffic . control plans at a scale of 1'=40' assuming a partial closure and a maximum of two construction phases will be done by the Conlraclor, Utility Relocation Plans Due 10 the limited nature of the median improvements, JMD has assumed that utility relocation plans will not be necessaJy and are, therefore, not included in this proposal. However, JMD will assist in identifying any potential conflicts with the City. Roadway Ughtlng Plans Based on the proposed improvements in the subject RFP, JMD has assumed that roadway lighting plans will not be required for the project and are, therefore, not including in this proposal. Deliverables The following are the estimated plan sheets and quantities proposed for the project: Plan Sheets Quantity Title Sheet 1 ROadway Plans 2 Signing and Striping Plan 1 Traffic Signal Modification Plan 1 Landscaping/lrrigation Plans 2 Total 7 Task 11-2 - Construction Bid Items and Cost Estimate JMD will prepare a list of conStruction bid items and construction cost estimates for the project elements, which will include a proposed item list, estimated quantities, and current unit cost resulting in line-item cost estimates, At the first plan check, a preliminary cost estimate will be developed for comparison with previous project budget estimates, Back-up of cost estimate calculations showing quantities and unit costs per sheet will be provided to the City for review with each submittal. During final design, JMD will prepare a final estimate 10 vaIiiIate construction bids by contraclols during the bidding process. Tasks '11.3 - Specifications and Pennitting JMD assumes the City will prepare all conlracl specifications, documents, anil bid sets. JMD will coordinate with Callrans District 8 for obtaining the necessary traffic control encroachment permit The City will provide the site address for the metered cabinet when the location is established, Phase III 90% Desillo Task 11I,1- Address/lncorporate Comments and Prepare 90% Submittal JMD will address and incorporate review comments provided by the City departments for the project We ::JMD IV-5 ~ City 01 Temecula - Professional Engineering Design Services, RFP-140 Rancho California Road Median Modifications Between 1,15 and Ynez Road anticipate a submittal of three (3) sets of plans for each submittal to the City for review. Phase IV - Final Desian Task 1V-1- Addressllncorporate Comments and Prepare FInal Submittal JMD will address and incorporate review comments provided by the City departments for the project. JMD will submit sealed original ink on mylar plan sheets and digital engineering plans and drawings on diskettes in AutoCAD 2005 fonnat; sealed original hard copy and diskette in MS Word format of the bid items, cost estimates, calculations and notes generated by the project, The following are the proposed deliverables: 1. One (1) set of original plans on 24'x36' mylar sheets, construction bid items and cost estimates. 2. Digital files of project plans in AutoCAD 2005 fonnal. " Phase V - Post Deslan Task V-1- Bidding and Preconstruction Assistance JMD will assist in answering questions regarding omissions or conflicts in the design during the bidding process and preconstnJclion meeting, This task includes the preparation of addenda regarding omissions or conflicts in the design as wen as answering questions during the construction process and supporting the City's efforts in issuing change orders, Task V-2 - As-Built Plans JMD will prepare record drawings !rom conditions upon completion of construction, as-built ::JMD IV-a EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:\CIPlProjectsIPW05-04lAgreements\JMD Agreement Q 2 ~ .. .. '" c o ;I '" u = '6 o :;: c '" l,) :s .21'" III:;: bll ftJ 0 co:: cr: '" ~ Of ftJ,2 I- ';g '0(,) CIJ 0 "'.c - u ~ c o::&! ~ w 1'0 ~ .:l' ... .s, c w E (; <i. ~ > $ <n gcocoCQO (O~~~8 ~.: 1/'1-.....- M "'#- {lll-foI't-tI't...1A o o o .. .. T lOlIOlOOOIt:! 1100 Nvci<<i <x> to <ONV ~~~~ '!" lOlOl(') 1O<O cioci cici .. :; lil E {!!. o E E a~> o~~ 2! j lP .p en u;: ~~:s UJ ~ ~ c ==- ~ "C':::.a:II)~U ~~g~!~ c(Q:;::""OCU ouCLBC:-;e *~.~~~.i~ -5ie:5:E~~~ :sa.CI)iii~g ~ E"'O C c: 5 ~;'ai.!?'a8u ~~~~~~s Q)'gc!:E-gEl::? ~~ffi~~~8 .0 u"o m o <Xl <X) C) ...NNW <0<0 .. .. O~ N ~ "';1; ~ v v VV 1'0 c .12 1i Q. c o ~ ro c '5 8 o w o 'Ii c J:! 0; o w ~ c c o ro '5.~ .. <0= .;: H- <no. ii) z o Ii: o .. " wi ",.. ,," 00 ~ ~~ ~ oS! 0. ~ ~ ~ 1!_cc w':;l!!l!! ~'SII 'Oee ill;t w -~~:y "' ... ~ .: ... .. ... lil I Q. ~ f: " o S ~ -g ~ ~ .. (5 c " c m ~ ~ I i~ :;..: ... .lJ lIs I!!sj alii iiE l!L .e [~ ~Ec 1-" EH ~[S i:... u!~ m,U E" .. iilU !lo.!%: ".D U Steven A. Ormenyi & Associates Landscape Architects 22554 Ventura Boulevard, Suite 201 Woodland Hills, California 91364 Telephoue 818.224.4770 Fax 818.224.4784 CONTRACT PROPOSAL CALIFoRNIA UCENSB 1733 14 November 2005 1.0 Introductory. 1.1 The following proposal is submitted for Landscape Architectural services to be performed for the Ranch California Median Modifications between I-IS and Ynez Road in Temecula, California 92590. The work consists of irrigation design of approximately 600 linear feet of mediarj, and some minor tree planting. 2,0 Owner: City of Temecula 43200 Business Park Drive Temecula, California 92590 2,1 Civil Engineer: JMD 4002 South Hackley Avenue West Covina, California 91792-3012 2.2 Landscape Architect: Steven A. Ormenyi & Associates 22554 Ventura Boulevard, Suite 201 Woodland Hills, Califomia 91364 3.0 Scope .of Landscape Architectural Services. 3.1 Preliminary Development Plans. 3.2 Coordinate with the Owner to layout landscaping based upon Civil Engineer designed hardscape plan. Landscape Architect will provide a colored plan that will describe the landscape improvements to the site. 3.3 Provide a probable cost of construction based on preliminary plans. 3.4 One (I) meeting with the Owner is included in the preliminary phase of the project. 3.5 Contract Documents, Temecul. Rancho Calif: Median 14 November 2005 Page 2 3.6 Upon Owner's approval of the Preliminary Plans, Landscape Architect will develop documents: drawings in AutoCad that will describe the project in more detail. 3.7 Landscape Architect, with the city staff's input will specify the four new trees on the South side of Rancho Califomia Road. 3.8 Landscape Architect will design an automatic irrigation system to include but not be limited to: head placement, valve sizing, connections to existing systems, specifying performance characteristics of the equipment etc. The irrigation design shall coordinate . with the planting plan. As built irrigation plans of the existing median shall be provided by the City. 3.9 Landscape Architect agrees to provide its professional services in accordance with generally accepted standards of its profession. Landscape Architect agrees to put forth reasonable effort to comply with Federal, State and local laws, codes, regulations and ordinances in effect and publicly announced at the time services are rendered. Owner will handle submissions to regulating agencies. 3.10 One (I) meeting for coordination with Owner and consultants is included in the contract document phase of the project. Additional meetings as requested by the Owner shall be charged on an hourly accounting of time. 4,0 Bid Coordination and Administration. 4.1 Assist and coordinate with Owner in obtaining proposals from Contractors and awarding construction contracts. Landscape Architect will assist Owner in answering all questions and RFls. 5.0 Optional Tasks. 5.1 Landscape architect can develop an alternate median landscape plan to reduce water consumption. 5.2 Landscape architect can develop technical specifications based on City standards. 5.3 Landscape architect or its designated personnel are available for site observation during constroction,as required by the City. 6.0 . Conditions. Temecula Rancho CaIii Mediao 14 November 2005 ' Page 3 6.1 Owner/Civil Engineer shall provide all documents in the fonn of topographic surveys, architectura1 drawings and soil and geologic reports required for Landscape Architect to proceed. 6.2 Landscape Architect shall maintain regular contact with Owner and other consultants in the interest of coordinating infonnation. 6.3 Prior to implementing any major design decision or the use of consulting engineers, Landscape Architect will obtain Owner's approval regarding the proposal and its cost. 6.4 Changes that occur at the request of the Owner/Civil Engineer or other agencies after Preliminary drawings have been approved and Contract Documents are in production and which create additional work will be charged as extra services. Fees for extra services shall be either on an hourly basis or njlgotiated fee basis and shall be approved by the Owner/Civil Engineer prior the underfa!cing of the extra services. 6.5 . If the contract is to be tenninated or the project is abandoned in any stage of its development, the Landscape Architect shall be pl!id on an hourly basis for all services perfonned in the Owner's behalf up to;the time of such notification. 7.0 Fee Schedule. 7.1 Fee for Preliminary Landscape Plans, work items 3.0 thru 3.4, shall be a flat fee of $1,500.00. 7.2 Fee for Contract Documents work items 3.5 thru 3.12 shall be a flat fee of$2,500.00. 7.4 Fee for Bid Coordination and Administration, work item 4.1, shall be a flat fee of$250.OO. , 7.5 Fee for Optional task, work item 5.1 shall be a flat fee of$I,200.00. 7.6 Fee for Optional task, work item 5.2 shall be a flat fee of$850.00. . 7.7 Fee for Optional task, work item 5.3 shall be flat fee of$640.00 per each site visit. .. 7.8 Hourly rates for extra work are: Principal $130.00, Irrigation Engineer $100.00, Project Manager $75.oo,DesignerlDraftsperson $55.00, Staff$35.00. 8.0 Reimbursables. 8.1 Reimbursable expenses are included in the above fees. 9.0 Billing Temecula Rancho Calif, Median 14 November 2005 Page 4 9.1 Billing will be on a monthly basis. 9.2 Invoices are payable upon presentation and become delinquent after 30 days. Invoices unpaid after 30 days shall bear interest at tI1e rate to 1-1/2% per month. 9.3 Landscape Architect reserves the right to suspend services if the accoilnt is past due after 60 days. 10,0 Insurance. At all times during the performance of its services under this Agreement, the Landscape Architect shall maintain in full force and affect the following insurance, with the coverage and limits specified: i 10.1 Workers' Compensation insurance with the statutory requirements set forth by the State of California covering all of the Landscape Architect's employees engaged in the performance of this Agreement, in the sum 0[$1,000,000.00. 10.2 Comprehensive general liability insurance, including Landscape Architect protective liability and contractual liability insurance, covering death or bodily injury and property damage, $2,000,000.00 per occurrence combined single limit, subject to $2,000,000.00 . general aggregate. 10.3 Comprehensive automobile liability insurance covering the Landscape Architect for claims arising from owned, hired and non-owned vehicles covering death or bodily injury and property damage with limits of $1,000,000.00 for anyone accident, bodily injury and property damage combined single limit 10.4 Professional liability (errors and omissions) insurance, on a claim made basis, with limits of $1,000,000.00 per occurrence and $1,000,000.00 in aggregate. 11.0 Regulation, 11.1 Landscape Architects are regulated by the California Board of Landscape Architects. Any questions concerning a Landscape Architect may be referred to the board at: Board of Landscape Architects 400 R Street, Suite 4020 Sacramento, California 95814 (916) 445-4954 TemecuJaRancho Calif. Median 14 November 2005 Page 5 12.0 Limitation of Liability. 12.1 Owner acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance may result in damage to property or persons. Owner further acknowledges that, Owner is solely responsible for the results of any lack of or improper maintenance. 12.2 Landscape Architect is not responsible for the means, methods or appropriateness of the installation or job site safety procedures undertaken by any contractor. 12.3 There shall be no substitutions of equipment or specified products by anyone without specific written approval of the Landscape Architect. 12.4 Landscape Architect is not and will not be responsible for the identi1Ying, locating, discovering, removal and treatment of any hazardous waste known or unknoWn at the site. ITEM NO, 14 Approvals City Attorney Director of Finance, City Manager '/. 1.112 9P CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works, City Engineer DATE: December 13, 2005 SUBJECT: Second Amendment to the Professional Services Agreement for Survey Services with Cozad & Fox, Inc. for Various Capital Improvement Projects for FY 2005-2006 PREPARED BY: Amer Altar, Principal Engineer Steve Beswick, Associate Engineer RECOMMENDATION: That the City Council approve the Second Amendment to the Fiscal Year 2004-2005 Professional Services AgrGement with Cozad & Fox, Inc. in the amount of $20,000.00 to provide as needed survey services and authorize the Mayor to execute the amendment. BACKGROUND: On June 22, 2004, the City Council approved the Fiscal Year 2004- 2005 Profess.ional Services Agreement with Cozad & Fox, Inc in the amount of $60,000.00 to provide as needed survey services to be utilized on projects that are approved in the Capital Improvement Program. On June 14, 2005, the City Council approved the First Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with Cozad & Fox,lnc in the amount of $60,000,00 to provide as needed survey services to be utilized on projects for various Capital Improvement Projects for FY 2005-2006. Since the First Amendment for Fiscal Year 2005-2006 Professional Services Agreement for survey services with Cozad & Fox, Inc, was approved, a number of survey services have been required and completed. Amendment No, 2 is necessary to. continue the miscellaneous surveying services required for the various Capital Improvement Projects. FISCAL IMPACT: The total contract including Amendment No, 2 is $140,000,00 This amount includes the original contract limit of $60,000, Amendment No.1 amount of $60,000.00 and Amendment NO.2 amount of 20,000.00. The Consuilant will continue to submit cost proposals for each survey service request. Once a scope of service and schedule of fees are negotiated, funds are allocated for the corresponding project budget. Only approved CIP projects will utilize the services under this agreement unless directed otherwise by the City Council. ATTACHMENTS: Amendment NO.2 SECOND AMENDMENT TO ANNUAL FISCAL YEAR 2004-2005 PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES BETWEEN THE CITY OF TEMECULA AND COZAD & FOX, INC. THIS SECOND AMENDMENT is made and entered into as of, December 13, 2005 by and between the City of Temecula, a municipal corporation ("City") and Coz & Fox, 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 June 22, 2004 the City and Consultant entered into that certain agreement entitled "City of T emecula Agreement for Professional Engineering and Construction Survey Services for Fiscal Year 2004-2005 ("Agreemenf') in the amount of Sixty Thousand Dollars and No Cents ($60,000.00), B. The Agreement was amend on June 14, 2005 for additional Professional Engineering and Construction Survey Services for Fiscal Year 2005-2006 in the amount of . Sixty Thousand Dollars and No Cents ($60,000.00), The parties now desire to increase the payment for services in the amount of Twenty Thousand Dollars and No Cents ($20,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 5 a Payment of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The Second Amendment amount shall not exceed Twenty Thousand Dollars and No Cents ($20,000.00) for additional prOfessional engineering and construction survey services for Fiscal Year 2005-2006 and the First Amendment amount in the sum of: Sixty Thousand Dollars and No Cents ($60,000.00) for additional prOfessional engineering construction survey services for Fiscal Year 2005-2006 for a total contract amount, of One Hundred Forty. Thousand Dollars and No Cents ($140,000.00), 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:\Agreements\Masters\Annual Masler\2005-2006\Cozad & Fox 2005.2006 Amend 2 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, MMC, City Clerk Approved As to Form: Peter M, Thorson, City Attorney CONSULTANT Cozad & Fox, Inc. 151 S. Girard Sl. Hemet, CA 92544-4662 (951) 766-8942 Kevin B. Cozad, President Brian Fox, Vice President (Two Signatures Required For Corporations) R:/purchasinglagreements.aIUwin harveston.amend l.fieldman 2002 2 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. R:/purchasinglagreements.alllwin harveston.amend 1.fieldman 2002 3 EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL ENGINEERING & CONSTRUCTION SURVEY SERVICES FOR FISCAL YEAR 2004.2005 .' '. ,~,"";~"IlI1iln~lIl ": ,..;-".: -""".wa;,;' ....._"'.~.#=i~'.. ""'i';~. . .... .ll"-"-~'-,:,p< .!f;i-~: .,.yl'" '\MII...~.: ,.,~,~.,,,,;"",j. ;F""~~'~_~~~'-<~~P>J.!l.-m '~""'i',+I~~t'_;'I' 9 R'\AnrAA~trtl<:\tl.hll:l.tArM.nnll~1 nu:lAtAJ'I:;\~nnL9nM\('.n7Ari An",I::!1 ?nn4-0~ STATEMENT OF QUALIFICATIONS May 11,2004 . CIVIL I STRUCTURAL ENGINEERS . MUNICIPAL CONSULTANTS . SURVEYORS I PLANNERS · WATER RESOURCES . TRANSPORTATION Annual Agreement for Engineering and Construction Survey Services Prepared for: AMERATTAR, P.E., MBA PRINCIPAL ENGINEER - CAPITAL PROJECTS PUBLIC WORKS DEPARTMENT CITY OF TEMECULA 43200 BUSINESS PARK DRIVE POBOX 9033 TEMECULA, CALIFORNIA 92589-9033 """-\~'Ut;".'i' fr _.;.lXf;";" --"",,~,,,.;, .",o.:"":'./jl8!~,;_"",:.',Wtm\1l!"C'" ",~",~-,~~,,,,,,,, '..,..~"j,; ',.'.1" .>1., ..... .;.: '''~'lj,' .. . ""~'-'-'." ,.,,,. . ."-- ~--.,- .' ~ ~~NH::l".__.:'" '. " 151 South Girard Street . Hemet, CA 92544-4662 ROll/ll.'i2-4454 . FAX, IlOIl/766-BIl42 . kbcazad@kbcozad.com Annual As_8Ilt for engineering and Conltructlon Survey Services City ofTe_lIla Statement of Qualifications May ii, 2004 STATEMENT OF QUAUFICATIONS FOR ANNUAL ENGINEERING AND CONSTRUCTION SURVEY SERVICES The City ofTemacula Is continuing to implement an aggressive Capital Improvements Project Program to expand and improve the' city's Infrastiocture. As part of the program, the City of Temecula requires professional engineering and construction surveying services for tire planning, design and conslructlon of new facnitles and the improvement and maintenance of existing facilities. This may include research, boundary and control surveys, topographic surveys, aerial topographic surveys, and construction surveying. Cozad & Fox, Inc. has the staff and experience to provide these services to the City of Temecula. We believe our firm can provide the best service to the City because: .We maintain a manageable staff providing consulting services only to a small number of municipal clients. As a result, you get our best team with one of our principals as project manager. · We have twenty-eeven years of experience meeting City, County and Callrans standards, · Our engineers are also surveyors. We see the project from the peltlpective of the office and the field. Our experience in surveying, roadway design, traffic signalization, and such diverse areas as hydrology, hydraulics, culvert and bridge design, sound wall design, retaining wall design, environmental assessment,: or construction administration means our team can assist the City with all aspects of the project. · We have provided similar services to most cities within Westem Riverside County, · Although, we can provide our own in-house surveying services, landscape plans, signing and striping plans, traffic control plans, soil erosion control plans, right-of-way plans and other speciality services, we also do not hesitate to rely on subconsultants for traffic engineering, geotechnical services or additional surveying services. , · Before we begin a project, we prepare a detailed list of tasks required 10 complete !ha project The detailed tasks provide a basis for estimating our services, maintaining control. and providing a scope of services to be included with the contract. !Jr"t. .l"'l~" ".~;jl,."tf1 '''~~~'lI/tlIJn;''i""",''~lr-'''.f'''~k.I!1,,__:,.~~~ijl/jlir'';'-~~,,*~4/i''''''''"~~'',.,...,...... oi:lf:-,. -_}1f""'1l-'ii<<.,'!.~~.I'Ik-":'"- 1 Cozad & Fox, In&. Annual AB-t for En1l1neerlnll and Construction Survey Serilcell CIty of Temecula Statement of Quallncatlons May 11, 2004 I INTRODUCTION TO COZAD & FOX, INC. I . Cozad & Fox, Inc. is a full service consulting engineering firm that, since 1977, has provided civil engineering, structural engineering, planning, surveying, environmental assessment, and construction admin/stralfon services to a wide range of public agencies throughollt Southern California. Our highly qualified team of principles and professionals with extensive consulting . experience will apply their expertise with both Eagle Point Road Calc and Land Development Desktop as well as TOS data colleclfon software to your projects. Utilizing 100% CAD-based design and analysis, we can also provide fUlly compatible AutoCAD or ~lcro Station computerized files to the City of Temecula. Currently, Cozad & FOIC, Inc. is working with the City of Temecula, the Eastern Municipal Water Dlsbict and the Riverside County Transportation Department as "Qualified Consultants" providing engineering, surveying and environmental services for mull/plepnijects. During the :past 27 years, we have also provided services to the citfes of Riverside, Moreno Valley, Hemet, San Jacinto, Perris, Loma Linda and San Bernardino; school districts; hospital districts; Rancho California Water District, Elsinore Valley Municipal Water District, Lake Hemet Municipal Water District. the University of Redlands, Cal Poly University in Pomona, and the University of California. Riverside. Cozad & Fox, Inc. performs our own In-house surveying with staff members that are surveyors and that also have significant offKlEl design experience. The survey crew uses "state-of-the-art" survey equipment including "robotic" electronic total stations with vertical axis compensation and full data collection interface with TOS data collection software for fast and efficient data collection, . . stake-out and transfer to office computers. Cozad & Fox, Inc. a/so utilizes GPS software for large scale control and aerial targeting surveys. . I FIRM DESCRIPTION AND ORGANIZATION I Cozad & Fox, Ine.'s staff that will be assigned to your projects includes three civil engineers, two dual licensed in surveying, one project engineer who is a licensed land Surveyor, aM two with Land Surveyor-in- Training certificates. All staff members have both extensive professional design and surveying experience, Cozad & Fox, Inc. believes the key to quality control is to assign the same professional to the survey crew that will be performing the in-house design for projects. In this way, our staff becomes intimately familiar with the type and accuracy of control and . . . .., " .....topographic data. required .by.the design.>professional.to.prep8re .improvement.pJans -andothe'- , . requirements of the contractor during construction, 2 Cozad & Fox, Inc. Annual Agl'lllllMnt for Engln8lll'lng . and Conslructlon SUNey ServIces Clly of Temecuta Statement of Quallflc:atlon8 May 11. 2004 ~ AVAILABLE SERVICES ( . Preliminary Research & Surveying. Survey researcll at tile City of Temecula, the County of Riverside, Riverside County Flood Control and local utilitids to obtain both recorded and unrecorded survey maps, monument ties and benchmar1cs. . Research and analyze the existing recorded and unrecorded survey maps and compare to field monuments and field conditions. Review title reports and deeds to determine property boundaries Bnd control, . Obtain trafflc control and encroachment permits from the City, the County and Caltrans to enter the public right-of-way during construction surveying. Provide traffic control dUring construction surveying in the public right-of-way. . Perform boundary and control surveys using record infOrmation and monument ties to locate existing monuments for street centerline and property lines for control mapping. At Cozad & Fox, Inc.'s option, global positioning system (GPS) equipment may be used for either control or topographic surveying. . UtirlZing Riverside County benchmark NGVD 29 datum obtained from the County, . the City or MWD, Cozad & Fox, Inc. can establish and verify vertical control and provide topographic surveying, construction surveying or large scale aerial mapping. Set 4"-wide 4' X 4' aerial targets with X, Y, Z coordinates for horizontal and vertical control for aerial topographic surveying. Provide closure and reference maps to aerial survey firm for preparalion of the aerial topographic survey map. . Perform field topographIc surveys to collect field data, spot elevations and surface features of utilities with sufficient overlap for design of Improvements for construction utilizing robotic total statlons with TOS data collectlol! software. Hardscape physical features will be located both horizontally and verttcally within .02:t foot accuracy. Natural ground features will be located within .10 :t foot accuracy . . Digital data reduction of topographIc information, record utility locations, and aerial '; ,.-.......-.." ,- ...._",topogf8phlc data.to. a.three-dimensional.AutoGAD'"2000''Or...lntergraph'~OON_., ...._"'. compatible file. 3 Cozad & Fox, Inc. Annual Ae-t for Englneerlng anet Con8tructlon Survey Services City of Temecula 8tlltement of Qualifications May 11, ZOO4 I · Perform construction surveying for road and facility Improvements utilizing the design engineer's CAD file, if available. Meet with the City and the contractor and delennlne the exact staking requirements for the project. Set off-set stakes, blue tops end other construction stakes required by the contractor to perfonn the grading and the construction of facilities. Perfonn office calculations for field stake out and provide cut sheets and controllnfonnation to the City and the contractor. · Cozad & Fox, Inc. will also submit to the City: A. Utility location maps signed and stamped by Brian Fox, Professional Land Surveyor No. 7171, color coded per Caltrans utility mapping standards. , B. Survey notes for the project route. C. Record maps collected from utility companies or pUblic agencies for the project route. ADDITIONAL SERVICES I Cozad & Fox, Inc. can also provide the folloWing additional services to the City: · Utility Research - Obtain available maps for water, sewer, electricity, gas, telephone, cable TV, and other known utilities in the project area. The results of the utility research can be added to the digital survey data file containing the topography. · Field Locating of Existing Utilities - Verify surface utility markings along the project route. Aboveground power and telephone poles can be field verified. Overhead wires can be located per record infonnation. · Research for the Acquisition of Right-of-Way - Research end obtain existing rlght- of -way documents and plot the existing right-of-way for review by the City. Prepare legal deSCriptions and plat maps for additional right-of-way and 'coordinate acquisition of right-of-way with the City. · Coordination with Utility Purveyors - Meet with utility purveyors to coordinate the design of utilities that must. be relocated for new construction. Redesign facilities, ..... "~..,,,.._.. .""..,..,.,.." " ..prepare"coDstruction..cost...estimates .and..prepare.,legals.,and",plat :maps- for. ...,,_...... additional easements. 4 Cozad & Fox, Inc. Annuli Ae_tfor Englneertng and Conatnactlon Survey Services City of Temecula &tatemlnt of QuallflcaUona MIIy 11, 2004 . Pothofing - Additional subsurface utility exploration can be performed by pothollng to accurately verify location and elevation of underground crossings. All topographic information and utility locations win be submitted to City staff for review in order to determine the alignment and to assign pothole locations. Assist City staff in determining location and ultimate number of potholes. . Three-Dimensional UtBity File ~ Plot available record and field verified underground and overhead utility Information on the utility location map. Utility information will be plotted eS a. separate 3-dimenslonal digital file representing utility locations within the project limits. Utilities can be color coded per Caltrans Utility Mapping standards. . State Plane Coordinates. Assignment of state plane coordinates NAD-83 (CCS- 83) Zone 6, Califomia State Plane Coordinate System, can be used at control points along the route. . Overall Project Feasibility - Review preliminary information to determine the overall feasibility of project, considering topography, existing utilities and conceptual design. Prepare preliminary construction cost estimates for City review. · Project Management - Provide proJect management and coordination services of design consultants and processing through agencies for the City. · Construction Administration and Inspection Services - Monitor compliance with plans, contracts and speclfications. Review change orders, determine percentage completion and verify quality control. . Prepare traffic control and barricade plans for construction. . Full color photographic exhibits of facility or project routes. · Video tape records of routes or sites before and after construction, , IIT.'...I, """"'~.~~J...".~,,,~.IfJ;=dt:~i!l!;1:l~"f"~""llllJll1lr,dlr9!,~,,,*,,,~''''!lIJ'"''''''''''>\I;j,l'''''''~;i_~~~"" '.pj"--"l'-~~"~~~.~: "e-. ," -.'-Jt~. ....l~r!"r.",... 5 Cozad & Fox, Inc. _"'V-If'?'_; EXHIBIT B PAYMENT RATES AND SCHEDULE ~ ;rit~..... .~"'-'._;_;:".11. :~.. ':.~"~\'.~'~"""':<" ""~-_L'I',illII~.. '~'f.f. :r.<!l~~~"'MJ;'IlIi~>Oo~- >~~., .....~,.,~...,.~.. 10 R".it"ll"eltul",h.k'Lt~:u::;torc~nnlJ==rI1 m==rlClk>nl\?nt\.:L?MI:\\('.ll'7C1n 4.nnllol ?nnA.1'I~ ~,., . CIVIL / STRUCTURAL ENGINEERS . MUNICIPAL CONSULTANTS · SURVEYORS / PLANNERS · WATER RESOURCES . TRANSPORTATION SCHEDULE OF FEES January 1, 2004 GENERAL SCOPE OF SERVICES Cozad & Fox,/nc. provides services In the fields of civil engineering, structural engineering, and land surveying in accordance with presently accepted professional practices. Cozad & Fox, Inc. does not provide services relating to construction safety and shall be held harmless by the contractor from any liability.in this regard. In the event that the client requests tennlnatlon of work prior to fts completion, we ~serve the right to complete, at the c1ienfs expense, such analysis and records as are considered necessary by us to place our files in order and/or to protect our professional reputation. ' PERSONNEL CHARGES- RATES PER HOUR Principal Civil Engineer/Principel Land Surveyor/Structural Engineer .............. 160.00 ProJect Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 140.00 ProJect Engineer. . . .. .. .. .. .. . . . . . . . . . " . . . . . . '" . . . . . . . . .. . . . .. . . .. . .. 120.00 CAD Drafting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 60.00 AdministrativelProject Coordination ......................................... 75.00 Typing, printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45.00 Survey - Office Analysis.. . .. .. . .. . .. . . . . .. .. . . . .. . . . . .. .. . . . .. . .. . . . . ... 120.00 Survey Crew with Robotic Total Station (4 hr. minimum) ........................ 195.00 (Travel 6me charged portal to portal) Survey Crew wI GPS ..,..................................... Estimated by proJect OTHER CHARGES Expert Witness - Deposition and/or Court appearance. . . . . . . . . . . . . . . Two times hourly rate Expert Witness - Research, Case Review and/or Preparation . . . . . . . . . .. Normel hour1y rate Mileageto and from meetings or project site .............................. $O.35/mile , Blueprints, Dl,Ipllcating, Photography, Binding, etc. . . . . . . . . . . . . . . . . . . . . . . .. Cost + 20% Telephone calls, Postage ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Cost + 20% Field Supplies (stakes, monuments, etc.) . . . . . . .. . . . .. .. . . . . .. . . . . . . . . . .. Cost + 20% TERMS OF PAYMENT All services will be progress billed weekly, and all Invoices are due and payable when issued unless otherwise agreed. Retainers are required for all projects. Our fee schedule is based upon prompt .. pi!}'lJ!en!ofJees. Interestw.)11 BC9lle at the rate of 1% percent of the invoice total per month on Involcas.. ' "'-"--.'311 d'ays'bll1"8foldil'f:"1t $U~ or liCtiOI\ IslfiiililQted to ci:iileCl any1UfliIlUe:''lhe 61111"lit'liKm~illla81e'fll"'''-''- attomey's fees and court costs. 151 South Girard Street' Hemel, CA 92544-4662 ITEM NO. 15 Approvals City Attorney Director of Finance City Manager V r!/J X;::I;4L ytJ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: DATE: William G. Hughes, Director of Public Works/City Engineer December 13, 2005 SUBJECT: First Amendments to Fiscal Year 2005-2006 Annual Citywide Routine Maintenance Contract PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City ,council: 1. Approve the First Amendment to the Fiscal Year 2005-2006 Annual Citywide Routine Maintenance Contract with Pacific Striping, Inc. for an amount of $95,000.00 and authorize the Mayor to execute the amendment. 2. Approve the First Amendmentto the Fiscal Year20OS-2006Annual Citywide Routine Maintenance Contract w~h Imperial Paving Company, Inc. in the amount of $200,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On June 14,2005 the City Council approved the Fiscal Year 2005- 2006 Annual Citywide Routine Maintena(lce Contract with Pacific Striping in the amount of $50,000.00 and Imperial Paving Company:lnc. in the amount of $200,000.00 to provide Citywide routine and emergency street striping/stenciling and asphalt street repair work throughout the City. This work generally ranges in costs from over $1 ,000.00 to under $25,000.00 and involves routine and emergency striping/stenciling and asphan repairs on C~y streets. The First Amendment to the contracts with' Pacific Striping and Imperial Paving Company, Inc. is necessary due to an increase in the large number of projects reqUiring striping/stenciling and asphalt paving repairs which were larger than anticipated. Also due the annexation of the Redhawk Area, and the additional streets being accepted into the C~y's Maintained Street System it is necessary to increase the amount of the Annual Contracts to continue to maintain the striping/stenciling and asphalt repairs on an as needed basis. Therefore, we are requesting approval of the First Amendments for the remaining Fiscal Year 2005-2006. Although we also have other contractors available under contract, some of the types of services provided by others are Iim~ed and Pacific Striping, Inc. and Imperial Paving Company, Inc. have been the most consistently available and responsive. The First Amendment in the amount of $95,000.00 requested for Pacific Striping. Inc. and the original contract amount of $50,000.00 for a total contract amount of $145,000.00. The First Amendment in the amount of $200.000.00 for Imperial Paving Company, Inc. and the original contract amount of $200,000.00 for a total contract amount of $200.000.00. FISCAL IMPACT: Adequate funds have been budgeted in the FY2005-2006 Budgetfor the Public Works Maintenance Division, Routine Street Maintenance and Striping/Stenciling for Pacific Striping, Inc. original contract amount of $50,000.00 plus the First Amendment amount of $95,000.00 for a total contract amount of $145,000.00 and for Imperial Paving Company, Inc. original contract amount of $200,000.00 plus the First Amendment amount of $200,000.00 for a total contract amount of $400,000.00. ATTACHMENTS: Amendment No. 1 FIRST AMENDMENT TO FISCAL YEAR 2005.2006 ANNUAL CITYWIDE MAINTENANCE CONTRACT BETWEEN CITY OF TEMECULA AND IMPERIAL PAVING COMPANY, INC. THIS FIRST AMENDMENT is made and entered into as of December 13, 2005 by and between the CityofTemecula, a municipal corporation ("City") and IMPERIAL PAVING COMPANY, INC. ("Contractor"). 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 June 14, 2005 the City and Contractor entered into that certain agreement entitled "City of Temecula Agreement in the amount of $200,000.00 for Fiscal Year 2005-2006 Citywide Routine Maintenance" ("Contract"). B. The parties now desire to amend the Agreement as set forth in this First Amendment for an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for additional Fiscal Year 2005-2006 Citywide Routine Maintenance. 2. Section 3 a of the Agreement is hereby amended to read as follows: a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full. the cost of materials approved by the Director pursuantto the procedures set forth in Exhibit "A". The First Amendment amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for additional Fiscal Year 2005-2006 Citywide Maintenance. The maximum amount of payment under this Agreement shall not exceed the total contract amount of Four Hundred Thousand Dollars and No Cents ($400,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect Cl W/NDOWSlAPSDOC\NE7TEMP13481$ASQPDF5779.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, MMC. City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Imperial Paving Company, Inc. 13555 E. Imperial Highway Whittier, CA 90605 (562) 523-4492 Fritz Coy, Secretary/Treasurer 2 Cl WINDOWSIAPSDOCWEITEMPt3481$ASQPDF5779.DOC EXHIBIT B LABOR AND EQUIPMENT RATES 3 o WlNDOWSIAPSDOCINETTEMPi348\$ASQPDF5779,DOC , CITY OF'IBMECULA P.O. BOX 9033 TBMBCULA, CA 92S89-9033 1m: TIME AND MATERIAL SHEBT I FISCAL 2005 - 2006 ATIENTION: BRAD BURON LAIIORBREAKDOWN ALLLABOR---..- ----..- - 00_..... _.._ - __ _u_eo ___ - 00- 00$ 4S.ooPERHOUR OVERTIME 1 ~ 11MB (AFTER 8HRS1SATURDAYS) .. .. - - - - -- - - - - -$ 67.50 PER HOUR DOUBLETIMB 2 TIME (SUNDA YSIHOLlDA YS) - - - - - - - - - - - - - - - - 0 -$ 90.00 PER HOUR . E01lIPMENT BREAKDOWN (DOES NOT INCLUDE LABOR) , FLATBED TRUCK WlTH COMPRESSOR MOUNT - - - - - - - - - - - - - - - - $ 325,00 PER DAY BOBTAIL TRUCK 9-11 YARDS 00 -.... --- - -- 00 -_____ -- un -0 $ 3lS.ooPERDAY CONCRETB FLATBED TRUCK -- -.00 00 __ - - - 00 - 00 00 - - - 00 00 - - - - $ 300.00 PER DAY D'UMPTRUCK&PUPTRAlLER- ---- -- ---- --- - - ---- --- - --- -- $ 390.00 PER DAY AIRCOMPRESSOR-- _nun ----..--00- --00------00 -00 -- - $ 15O.ooPERDAY WATER TRUCK - -..--..- - - _n ..___ - --- 00 00--- __ - 00 "--- --$ 275.00 PER DAY FLATBED TRUCK WlTH 3.5 TON ROLLER COMBO (MINIMUM) - - - - $ 5OS.OO PER DAY DUMP TRUCK WITH SKlPLOADER& TRAlLBRCOMBOnn---.. $ 505.ooPERDAY 10-12 TON ROlLER INCLUDING TRAILBR - n - - - - -- - 00 - - - - - n - $ 250.00 PER DAY 3-S TON ROLLERINCLUDINGTRAILBR- --- - - - - --- - --- - - - ---- $ 245.00 PER DAY BERMMACHlNEMlNIMUM CHARGE -- - -- -- - - - - -- -- - - - ---- - $ 150.00 PER DAY BOBCATWlTH BUCKET - - -- 0000-- -00 nn_ __On 00 00- ---.. $ 500.00 PER DAY BOBCATWlTH GRINDER - 00 ___ _.._..____ n__ __ - 00 ---- - 00 $ 55O.ooPERDAY ARROW BOARD WITH TRUCK-- -0 ------- ----.-- - ---- - -- ---$ 25O.ooPERDAY ,STANDARD SET (COMMON REPAIR CREW) FOURMAN CREW SKJPLOADER DUMPI'RUCK 3-5 TONROlLBR ' FLATBED WITH COMPRESSOR & TOOLS - - - - - - - - - - - - - - - - - - - -$ 2,600.00 PER DAY LESS THAN 8 HRS (2HR MINIMUM) - - - - - n 00 -- -- - - , n - -- - n $ 400.00 PER HOUR MATERIALS , ASPEU\LT-------~------------------------------------$ ASPHALT PLANT OPBNING ON SATURDAYS - 00____ n __ __ _n $ BASBROCK CLASS IT __ 00- __ 00 __.._ __ ___.... _ _ __ n - __n_$ TACK MATERIAL _ _ .__,.. _ _.. n_ _ ~n_ _. __no" _ n _____ _ $ CONClUBTE-.---------.---,-----------------.-------- $ CONCRETE AFI'ER 4 YARDS n__ __________n__ _un_ n___ $ NOI'E: ABOVE PRICES SUBJECT TO PUC CHANGE. 20% MARK UP ON SUBCONfRACfORS. 45.00 PER TON 1,000.00 12.50 PER TON 1.60 PER GAL 425.00 MIN. LOAD 75.00 PER YARD NOrE: lMPERIAL PA \lING PROVIDES TIlE FOlLOWING SERVICES: BXCA V ATION, Gl\ADING, PA VlNG, CONCRETE, DEMOLITION, GENERAL CONSTRUCI'lON SERVICES, SEAL COATING AND S'IRlPING. (562) 944-0975 · (714) 523-4492 · (800) 634-3923 . Fax (562) 944-0984 13555 E. Imperial Hwv., Whittier, California 90605 FIRST AMENDMENT TO FISCAL YEAR 2005-2006 ANNUAL CITYWIDE MAINTENANCE CONTRACT BETWEEN CITY OF TEMECULA AND PACIFIC STRIPING, Inc. THIS FIRST AMENDMENT is made and entered into as of December 13, 2005 by and between the City of Temecula, a municipal corporation ("City") and PACIFIC STRIPING, Inc. ("Contractor"). 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 June 14, 2005 the City and Contractor entered into that certain agreement entitled "City of Temecula Agreement in the amount of $50,000.00 for Fiscal Year 2005-2006 Citywide Routine Maintenance" ("Contract"). B. The parties now desire to amend the Agreement as set forth in this First' Amendment for an amount not to' exceed Ninety Five Thousand Dollars and No Cents ($95,000.00) for additional Fiscal Year 2005-2006 Citywide Routine Maintenance. 2. Section 3 a of the Agreement is hereby amended to read as follows: a. Contractor shall be compensated for actual work performed on the basis of the iabor and equipment rates set forth in Exhibit "B". Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The First Amendment amount shall not exceed Ninety Five Thousand Dollars and No Cents ($95,000.00) for additional Fiscal Year 2005-2006 Citywide Maintenance. The maximum amount of payment under this Agreement shall not exceed the total contract amount of One Hundred Forty Five Thousand Dollars and No Cents ($145,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect Cl WlNDOWSL4PSDOCWETTEMPl47081$ASQPDF5780.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, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Pacific Striping, Inc. P.O. Box 1691 Whittier, CA 90609 (562) 945-7805 Scott Fisher, Owner 2 Cl WINDOWSIAPSDOCWE7TEMP14708\$ASQPDF5780.DOC EXlDBIT B LABOR AND EQUIPMENT RATES 10 R:lmaintainlworkorderslPacific Striping O~ Agrmll . Time and Materia's Spreadsheet Paclflc StJ1plng Inc. P.O. Box 1691 WhIWer, CA 90609 562-945-7605 Ucence#485696 Exp//es 1.31-2006 Fax 662-945-7806 PROJECT: OWNER/CONTRACTOR: WORK AUTHORIZED BY: START DATE: FINISH DATE: DESCRIPTION: COMPLETION STATUS: O?ERf,TEO PACIFIC STnlr,f,G II OF lOTAL RATE R.EG RATE aT RATE EaUIPMENr UNITS HRS S/HR A:,;OUt\T LABOR HRS S/llR HRS $IHR Ar.l0Urn 330 GaIon Cap. Road Sb1pIng TlUOII Stake bed 1 Ton. Stenciling Truck 1 ton Stenclllna Truck 1/4 ton Pevemant MaT1<er Application Truck Thenno AliPllcadon Truck Thenno Appllcalor TrafflcControlTrucI< Sandblast Rig Crash Truck $150.00 _ _ $75.00 $100.00 $75.00 $125.00 $125.00 $25.00 $50.00 $100.00 $100.00 Total Operated FtankHn Equipment: PaInt Beads Asphalt Markers Signs Gal , lbs Lbs eo ~ $10.00 $0.50 $0.50 $2,50 $100.00 Total Materials: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $(1.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Owna, Operator Labore, $81.00 $57.00 S4lJ.00 $91.50 $OS.50 $72.00 To'" Fronldln I.ab4r. $0.00 $0.00 $0.00 $0.00 , $0,00 $0.00 $0.00 $0.00 $0.00 SfMLL TOOLS QTY UNIT RATE Ar,mUNT HR HR HR HR HR $1.50 $0.15 $1.00 $0.50 $0,25 $10.00 $25.00 $0.00 $0.00 $0.00' $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 RENTAL EQUIPrvlENT QTY UNIT RATE AMOUNT Total Rental EquIpment: $0,00 $0.09 $0.00 $0.00 SUBCONTRACTORS QTY UNIT RATE AMOUNT Total Subcontractors: OWNER'S REPRESENTATIVE oT1<Acknowledgmenl) $0.00 $0.00 $0,00 $0,00 DATE Sub-Total: Construction Signa eon.. Barlc8des Slide Hammer Trash Barrels , - Message Board Totsl Franklin Smlll Tools: Pacific Equipment, Labor, & Small Tools: (Matkup Includad) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 r.~ATERIALS (mel TilX) QTY UNIT RATE AMOUNT TRUCKING QTY UNIT RATE AMOUNT DATE Low Bed Oouble-80tt0m Serri-Bottom ~M.~--'------_.'- -...------ End Dump Ten Wheeler HR $60.00 HR $75.00 ~ $75.00 - -iiR - .m $75:00. HR $78.00 HR $70.00 Material, Trucklng, Rental, & Subs: Sub-SubTotal: Markup (% and $): SubTotal: GRAND TOTALS: Total Cost wI Markup: Sand Fee (% and $): TOTAL EXTRA WORK: Total Trucking: 10% 0.00% ITEM NO. 16 ORDINANCE NO 05-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 3.20 OF THE TEMECULA MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX THE CITY COUNCil OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOllOWS: Section 1. Chapter 3.20 of Tille 3 (Revenue and Finance) of the Temecula Municipal Code is hereby amended and restated to read as follows: Chapter 3.20 Transient Occupancv Tax 3.20.010 Short Tille. This chapter shall be known at the 'Temecula Uniform Transient Occupancy Tax". 3.20.020 Definitions. Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter. "Hotel" shall mean any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by Transients for dwelling, lodging or sleeping purposes, and includes. but is not limited to, any hotel, inn, tourist home or house, motel studio hotel, bachelor hotel, lodging house, rooming house, apartment house, rental unit, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually owned single-family dwelling rented only infrequently and incidental to normal occupancy or any timeshare as set out in California Revenue and Taxation Code Section 7280; provided that the burden of establishing that the facility is not a hotel shall be on the owner or Operator thereof. "Occupancy" shall mean the use or possession or the right to the use or possession, of any room or rooms or portion thereof, offered for rent for dwelling, lodging or sleeping purposes. "Operator" shall mean the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee. mortgagee in possession, licensee or any other capacity. Where the Operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an Operator for the purposes of this chapter and shall have the sarne duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. "Person" shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization. joint stock company, corporation. estate, trust. business trust, receiver, trustee, syndicate or any other group or combination acting as a unit. R:/Ords 2005/0rds 05-16 "Rent" shall mean the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. 'Tax Administrator" shall mean the City Manager of the City of Temecula or the person designated by the City Manager to act in the City Manager's place. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a Transient until the period of thirty (30) days has expired unless there is an agreement in writing between the Operator and the occupant obliging the occupant to pay market rate for the occupancy for a period of at least thirty-one (31) consecutive days. The Tax Administrator may develop and promulgate standard forms setting for the minimum substance of such agreements, and may require submission of such forms with the returns required by Section 3.20.070. In determining whether a person is a Transient, uninterrupted periods of time extending both prior and subsequent to the effe~tive date of this ordinance codified in this chapter may be considered. . 3.20.030 Rate. A. For the privilege of occupancy in any hotel, each Transient is subject to and shall pay a tax in the amount of eight (8) percent of the rent charged by the Operator. Such tax constitutes a debt owed by the Transient to the city which is extinguished only by payment to the Operator of the hotel at the same time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment The unpaid tax shall be due upon the Transient's ceasing to occupy space in the hotel. If, for any reason. the tax due is not paid to the Operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. B. In the event that an agreement exists between the hotel and any person for occupancy, as defined in this chapter, for a period in excess of thirty (30) days, and in the event that such person allows occupancy by another person for thirty (30) days or fewer as subtenant, guest, licensee or permittee, the person who has made the agreement with the hotel as aforesaid shall be subject to and shall pay the tax provided for herein. . 3.20.040 Exemptions. No tax shall be imposed upon: (a) Any officer or employee of the United States of America when traveling on official business. (b) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon a claim in writing made at the time rent is collected upon a form complying with subsection (e) of Section 7280 of the Revenue and R/Ords 2005/0rds 05.16 2 Taxation Code. The Tax Administrator may require submission of copies of such forms with the returns required by Section 3.20.070. 3.20.050 Operator's duties. Each Operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every Transient. The amount of tax shall be separately stated from the amount of rent charged, and each Transient shall receive a receipt for payment from the Operator. No Operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the Operator, or that it will not be added to the rent, or that, if added, any part will be refunded, except in the manner hereinafter provided. 3.20.060 Registration and certificate. A. Within thirty (30) days after commencing business each Operator of any hotel shall register with the Tax Administrator. Upon registration, each hotel Operator shall obtain a Transient occupancy registration certificate to be at all times posted in a conspicuous place on the premises. ; B. Such certificate shall, among other things, state the following: 1. The name of the Operator; 2. The address of the hotel; and 3. The date upon :which the certificate was issued. C. In addition, such certificate shall bear the following text: "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the uniform Transient Occupancy Tax by registering with the Tax Administrator for the purpose of collecting from Transients the Transient Occupancy Tax and remitting such tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit from any board, commission, department or .office of this City. This certificate does not constitute a permit." 3.20.070 Reporting and remitting. Each Operator shall, on or before the last day of the month following the close of each calendar month or of such different reporting period as may be established by the Tax Administrator, make a return to the Tax Administrator, on forms provided by the Tax Administrator, of the total rents charged and received, the amount of tax collected for Transient occupancies, and such other information as may be reasonably required. At the time the return is filed. the full amount of the tax collected shall be remitted to the Tax Administrator. The Tax Administrator may establish either shorter or longer reporting periods for any individual certificate holder or category of certificate holders if the Tax Administrator deems it necessary or desirable in order to insure collection of the tax or to increase the efficiency of its administration. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by Operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the Tax Administrator. R:/Ords 2005/0rds 05-16 3 3.20.080 Reporting and remitting upon cessation or transfer of business. A An Operator who is transferring, selling. or terminating its business shall notify the Tax Administrator in writing at least thirty (30) days in advance of the date of transfer. sale, or termination. If the decision to sell, transfer, or terminate the business is made fewer than thirty (30) days before the transfer, sale. or termination occurs, the Operator shall notify the Tax Administrator immediately upon making that decision and in no event later than the date of transfer, sale, or termination. The Operator shall at the same time notify in writing any purchaser or transferee of its Hotel of the purchaser's or transferee's potential responsibility for unpaid collected taxes if any, as set forth in this Section and in Revenue and Taxation Code Section 7283.5. B. Upon cessation of business, whether by sale, transfer. termination, an Operator shall, on or before the same day of the next month following the cessation of business, or on the last day of that month if no corresponding day exists, make a return to the Tax Administrator on approved forms of the total taxable rents charged, the amount of tax collected for the reporting period ending on the cessation date, remittances made if any, and the balance of the tax due. The balance of tax due if any shall be r~mitted to the Tax Administrator at the time the final return is filed. After filing the final return and remitting the balance due, the Operator shall make its records of account available for a. closeout audit by the Tax Administrator or his or her designee. Returns filed and taxes remitted and actually received by the Tax Administrator on or before the same day of the next month following cessation of business, or on the last day of that month if no corresponding day exits, shall be timely filed and remitted; otherwise, the taxes are delinquent and subject to the penalties imposed by this chapter. C. Any person purchasing an ongoing Hotel business may apply to the Tax Administrator for a tax clearance certificate showing the tax due, if any, from the selling Operator as of a date specified in the tax clearance certificate request. For purposes of this Section, successive Hotel businesses conducted without substantial interruption at the same Hotel shall constitute an ongoing Hotel business. 1. The issuance and effect of such certificates shall be as set forth in Revenue and Taxation Code Section 7283.5. 2. Before requesting records and conducting the audit permitted by subdivision (b) of Revenue and Taxation Code Section 7283.5, the Tax Administrator shall proceed in such manner as he or she may deem best to obtain facts and information on which to base an estimate of the tax due. The Tax Administrator shall notify the, selling Operator of this estimate when requesting records for audit. If the selling Operator fails to provide records in response to the request within thirty (30) days after the serving or mailing of the estimate and record request, the Tax Administrator may issue a tax certificate in the amount of the estimate. 3. By resolution, the City may set an administrative fee for issuance of any such certificate. R:/Ords 2005/0rds 05-16 4 3.20.090 Penalties and interest A. Original Delinquency. Any Operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax. B. Continued Delinquency. Any Operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten (10) percent of the amount of the tax in additional to the amount of the tax and the ten (10) percent penalty first imposed. C. Fraud. If the Tax Administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections A and B of this section. D. Interest In additional to the penalties imposed, any Operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent (.5%) per month for each month or portion of a month that the tax shall be delinquent on the amount of the tax, exclusive of penalties, from the date on which the tax first became delinquent until paid. The interest shall be computed on a monthly basis and shall not be subject to proration for any portion of a month. E. Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. F. Collection. In addition to all other remedies the City may have in the collection of the tax, the City may initiate legal proceedings against the Operator for the collection of all amounts due to the City pursuant to this Chapter. In such action the City shall be entitled to receive its reasonable attorney fees and costs of collection from the Operator. 3.20.100 Failure to collect and report tax. A. If any Operator shall fail or refuse to collect the tax and to make. within the time provided in this chapter, any report and remittance of the tax or any portion thereof required by this chapter, the Tax Administrator shall proceed in such manner as the Tax Administrator may deem best to obtain facts and information on which to base an estimate of the tax due. B. As soon as the Tax Administrator shall procure such facts and information as the Tax Administrator is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any Operator who has failed or refused to collect the same and to make such report and remittance, the Tax Administrator shall proceed to determine and assess against such Operator the tax, interest and penalties provided for by this chapter. In the event such determination is made. the Tax Administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid. addressed to the Operator so assessed at his last address known to the Tax Administrator. R:/Ords 2005/0rds 05-16 5 C. Such Operator may within ten (10) days after the serving or mailing of such notice make application in writing to the Tax Administrator for a hearing on the amount assessed. If application by the Operator for a hearing is not made within the time prescribed. the tax, interest and penalties, if any, determined by the Tax Administrator shall become final and conclusive and immediately due and payable. D. If such application is made, the Tax Administrator shall give not less than five (5) days' written notice in the manner prescribed herein to the Operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the Operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing, the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken' as provided in Section 3.20.110. 3.20.110 Appeal. Any Operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a notice of appeal with the city clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The City Council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such Operator at his last known address. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. 3.20.120 Records and Audits. A. It shall be the duty of every Operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of four (4) years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the Tax Administrator shall have the right to inspect at all reasonable times. B. Such records shall be made available to the City at Operator's regular place of business, but in no event outside the County of Riverside. C. Should any examination or audit of Operator's records reveal an underpayment of any fee required under this ordinance, the amount of such underpayment shall become due and payable to the City not later than fifteen (15) days after written notice of such underpayment is sent to Operator by the City. Should an underpayment of more than three (3) percent be discovered, Operator shall bear the entire cost of the audit. D. All tax returns and information furnished by any Operator pursuant to this chapter shall be confidential and shall not be open to public inspection nor the specific contents thereof disclosed by any officer or employee except as necessary in the performance of official duty pursuant to this chapter. or in the course of any proceeding, R:/Ords 2005/0rds 05-16 6 hearing or litigation involving the existence or amount of the tax liability of such Operator, or with the written consent of the Operator or his authorized representative. 3.20.130 Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections Band C of this section. No refund shall be issued except upon a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, filed with the Tax Administrator within one (1) year of the date of payment The Claim shall be on forms furnished by the Tax Administrator. Each person seeking a refund must file an individual claim; no class claims shall be recognized. B. Claim by Operator. An Operator may claim a refund, or take as credit against taxes collected and remitted, the arnount overpaid, paid more that once, or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax Administrator that the person frorn whorn the tax has been collected was not a Transient; provided, however, that neither a refund nor a credit shall be allowed unless the arnount of the tax so collected has either been refunded to the Transient or credited to rent subsequently payable by tHe Transient 10 the Operator. C. Claim by Transient A Transient may obtairi a refund of taxes overpaid or paid more than once or erroneously or illegally collected or:received by the city by filing a claim in the manner provided in subsection A, but only when the tax was paid by the Transient directly to the Tax Administrator, or when the Transient, having paid the tax to the Operator. establishes to the satisfaction of the Tax Administrator that the Transient has been unable to obtain a refund from the Operator who collected the tax. D. Evidence. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. 3.20.140 Tax declared a debt; action to collect A. Any tax required to be paid by any Transient under the provisions of this chapter shall be deemed a debt owned by the Transient to the city. Any such tax collected by an Operator which has not been paid to the city shall be deemed a debt owed by the Operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovering of such amount B. Failure of an Operator to collect tax required to be paid by any Transient shall not excuse the Operator's obligation under this chapter. An Operator must pay to the city any tax required to be paid by any Transient, whether or not the Operator collects such tax from that Transient C. If any amount required to be paid to the city under this chapter is not paid when due, the Tax Administrator may, within ten years after the arnount is confirmed according to the procedure set forth in Section 3.20.070 or Section 3.20.080, as applicable. file for record in the office of the Riverside, County recorder a certificate R:/Ords 2005/0rds 05-16 7 specifying the amount of tax, penalties, and interest due; the name and address, as it appears on the Tax Administrator's records, of the Operator liable for the tax. penalties, and interest; and the fact that the Tax Administrator has complied with all provisions of this chapter in the determination of the amount required to be paid. From the time of filing for record, the amount of the tax, penalties, and interest constitutes a lien upon any real property in the county owned by the Operator or acquired by the Operator thereafter. This lien has the force. effect, and priority of a judgment lien and shall continue for ten years from the time of filing of the certificate. unless sooner released or otherwise discharged, or unless renewed for subsequent periods in the manner prescribed by law. D. The amounts required to be paid by any Operator under this Chapter with penalties and interest shall be satisfied first in any of the following cases: 1. Whenever the Operator is insolvent; 2. Whenever the Operator makes a voluntary assignment of its assets; 3. Whenever the estate of the Operator in the hands of executors, administrators, heirs, or receivers is i!,!sufficient to pay all debts; , , 4. Whenever the estate and effects of an absconding, concealed, or absent Operator required to pay any amount under this chapter are levied upon by process of law. 3.20.150 Violations designated misdemeanor. Any Operator or other person who fails or refuses to register as required in this chapter, or to furnish any retum required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Tax Administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter, is guilty of a misdemeanor. Section 2. The City Council of the City of Temecula does find, determine and declare that: a. The Ordinance makes administrative changes to the Transient Tax Ordinance changes required by Chapter 936 of the Statutes of 2004 (AB 1916) which pertain to the clarification of exemptions required by statutes and case law, collection procedures, records retention, refund claims and other procedural matters with respect to the administration of the Transient Tax system. b. This Ordinance does not change the rate of the tax, the scope of the tax nor the class of persons subject to the tax. c. The entire Chapter 3:20, Transient Occupancy Tax, of the Temecula Municipal Code has been amended and restated by this Ordinance for the convenience of the Operators and the Tax Administrators in implementing the changes to Chapter R:/Ords 2005/0rds 05.16 8 3.20 and incorporating the renumbering of the added sections. Except for the changes to the previous version of Chapter 3.20, this Ordinance is declarative of existing law and the rights and obligations established under the prior version shall continue unless altered by the applicable changes set forth in this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections. subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December. 2005. Jeff Comerchero. Mayor ATTEST: Susan W. Jones. MMC City Clerk [SEAL] R:/Ords 2005/0rds 05-16 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-16 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of T emecula on the 22nd day of November, 2005 and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of December, 2005 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk R/Ords 2005/0rds 05-16 10 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 17 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT NOVEMBER 22, 2005 A regular meeting of the City of Temecula Community Services District was called to order at 8:07 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Comerchero, Naggar, Roberts. . and Washington ABSENT: o DIRECTORS: None Also present were City Attorney Thorson and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 10 Minutes RECOMMENDATION: 10.1 Approve the minutes of November 8, 2005. 11 RoripauQh Ranch Specific Plan No. 11 - Service Level C and Service Level D Rates and Charoes RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. CSD 05-21 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR THE RORIPAUGH RANCH SPECIFIC PLAN NO.11 BEGINNING FISCAL YEAR 2006- 2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH RIMinu!es1112205 12 Tract Map No. 31344 - Service Level B. Service Level C. and Service Level D Rates and Charoes RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. CSD 05-22 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 31344 BEGINNING FISCAL YEAR 2006-2007 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 13 Third Amendment to the Midori Gardens. Inc. Maintenance Services Contract RECOMMENDATION: 13.1 Approve the Third Amendment' with Midori Gardens, Inc., to provide a 4.7% Consumer Price Index (CPI) pr'ice increase 'and allow for continued landscape maintenance services and the: addition of new and supplemental landscape maintenance service areas for $695,383.32 plus a 10% contingency. 14 Third Amendment to the Excel Landscape, Inc. Maintenance Services Contract RECOMMENDATION: 14.1 Approve the Third Amendment with Excel Landscape, Inc., to provide a 4.7% Consumer Price Index (CPI) price increase and allow for continued landscape 'maintenance services and the, addition of new and supplemental landscape maintenance service areas for $1;833,238.00 plus a 10% contingency. 15 Professional Services Aoreement with Mever and Associates for Temecula Communitv Center Expansion Desion RECOMMENDATION: 15.1 Approve the Professional Services Agreement with Meyer and Associates for the Design of the Temecula Community Center Expansion in an amount not to exceed $138,880; 15.2 Approve a 10% contingency in the amount of $13,888. R:\Minutes\112205 2 16 AQreement with UTP Group. Inc. for Technical Theater Personnel Pavroll Services RECOMMENDATION: 16.1 Approve an agreement with UTP Group, Inc., subject to City Attorney approval, for payroll services for contracted technical theater personnel in an amount not to exceed $62,000; 16.2 Approve an appropriate $58,000 from TCSD Fund Balance to Other Outside Services in the Theater operating budget; 16.3 Increase Theater Rental Revenue in an amount of $21 ,000. MOTION: Director Comerchero moved to approved Consent Calendar Item Nos. 10-16. The motion seconded by Director Edwards and electronic vote reflected approval with the exception of Director Roberts who abstained with regard to Item No. 10 (Minutes). CSD BUSINESS 17 Appointment of President and Vice President of the Communitv Services District for Calendar Year 2006 RECOMMENDATION: 17.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2006, to preside until the end of Calendar Year 2006; 17.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1. 2006, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2006. MOTION: Director Naggar appointed Director Comerchero to serve as the District President for calendar year 2006. The motion was seconded by Director Roberts and electronic vote reflected l!nanimous approval. MOTION: Director Naggar appointed current President Washington to serve as the District Vice President for calendar year 2006. The motion was seconded by Director Edwards and electronic vote reflected unanimous approval. As a parRs advocate and being especially partial to the Community Services Department. incoming President Comerchero relayed his pleasure and honor on the appointment. CSD DEPARTMENTAL REPORT 18 Communitv Services Departmental Report No additional comment. R:\Minutes\112205 3 CSD DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker invited the community to the Holiday Tree Lighting Ceremony on Monday, November 28, 2005, at the Duck Pond, at 6:00 P.M., noting refreshments will be served. Mr. Parker also advised of the upcoming Holiday Light Parade scheduled for Friday, December 2,2005, at 7:00 P.M.. on Jefferson Avenue. CSD GENERAL MANAGER'S REPORT No additional comment. CSD BOARD OF DIRECTORS' REPORTS No additional comments. CSD ADJOURNMENT At 8:11 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, December 13, 2005, at 5:30 P.M.. for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\ 112205 4 ITEM NO. 18 Approvals City Attorney Director of Finance City Manager V 1112- 'r TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: December 13, 2005 SUBJECT: Financial Statements for the Three Months Ended September 30, 2005 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Senior Accountant RECOMMENDATION: Thallhe Board of Directors receive and file the Financial Statements for the three months ended September 30, 2005. . DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the three months ended September 30, 2005. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 2005 Statement of Revenues, Expenditures and Changes in Fund Balance for the Three Months Ended September 30, 2005 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of September 30, 2005 And the ; Statement of Revenues, Expenditures and Changes in Fund l?alance' For The Three Months Ended September 30, 2005 (Unaudited) ~ Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of September 30, 2005 Parks & Service Service Service Recreation Level B Level C LeveI-D Assets: Cash and investments $ 522,143 $ 35,521 $ 85,586 $ 3,162 Receivables 'l3,047 451 1,019 1,600 Due from other funds Total assets $ 535,190 $ 35,972 $ 86,605 $ 4,762 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities $ 431,386 $ 231 $ 122,438 $ 1,693 4)1,386 231 122,438 1,693 Fund balances: Reserved Designated 103,804 35,741 (35,833) 3,069 T otaI fund balances 103,804 35,741 (35,833) 3,069 Total liabilities and fund balances $ 535,190 $ 35,972 $ 86,605 $ 4,762 Please note that these balances are unaudited Temecula Community Services District Combining Balance Sheet As of September 30, 2005 Assets: Cash and investments Receivables Due from other funds Total assets Liabilities and fund balances: : Liabilities: Due to other funds Other current liabilities Fund balances: Reserved Designated Total fund balances Total liabilities and fund balances ~ Please note that these balances are unaudited Service Service Debt Level R Level L Service Total $ 30,606 $ 306,097 $ 373,523 $ 1,356,638 173 1,925 II 18,226 30,779 $ 308,022 $ 373,534 $ 1,374,864 $ $ 85,805 $ $ 641,553 85,805 641,553 373,534 30,779 222,217 359,777 30,779 222,217 373,534 733,311 30,779 $ 308,022 $ 373,534 $ 1,374,864 2 Temecula CommWlity Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2005 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Special tax $ 2,999,478 (1) TCSD admin fee creditP'REST" 4,850,200 $ 1,212,550 $ 1,212,550 25% Recreation programs 1,196,500 313,564 313,564 26% Investment interest 9,195 3,891 3,891 42% (2) Development services 113,000 42,919 42,919 38% (3) Grant. cSA 143 130,000 130,000 100% (4) Lease Income 34,600 8,940 26% Reimhursements/CIP 69,000 (5) Total Revenues 9,401,973 1,711,864 1,572,924 18% Expenditures: Parks, medians and arterial street lighting 5,569,066 1,]93,865 $ 503,657 1,697,522 30% Seniors 179,749 47,023 6,856 53,879 30% Community Recreation Center (CRC) 474,668 118,006 27,781 145,787 31% Recreation programs 662,604 237,949 21,768 259,717 39% (6) Temecula Community Center (TCC) 164,979 37,921 6,987 44,908 27% Museum 228,250 57,130 11,367 68,497 30% Aquatics 518,354 173,609 26,240 199,849 39% (6) Sports 225,178 38,147 2,746 40,893 18% Childrents Museum 268,341 73,013 12,290 85,303 32% Community Theater 678,801 164,357 36,279 200,636 30% Cultural Arts 142,893 28,538 1,300 29,838 21% Operating transfers out 500,450 369,000 369,000 74% (7) Total Expenditures 9,613,333 2,538,558 657,271 3,195,829 33% Revenues Over/(Under) Expenditures (211,360) (826,694) Beginning Fund Balance, July 1, 2005 930,498 930,498 Ending Fund Balance, September 30, 2005 $ 719,138 $ 103,804 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Investment interest was higher than expected due to steady interest rate increase by the Federal Open Market Committee. 3) The increase in due to several plan check fees and inspections collected this quarter for the Wolf Creek projects. 4) The variance is due to CSA 143 Grant funding received in July of this fiscal year. 5) The variance is due to no capital project reimbursements for this quarter. 6) The variance is due to increased staffing in summer day camp, Smart programs and aquatics activities during this quarter. 7) The operating transfer to the Debt Service FWld is processed in September and March for the semi-annual principal and interest payments of the TCSD COpts. 3 Temecula Community Services District Service Level B - Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2005 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Assessments $ 595,160 (1) Investment Interest 1,770 $ 552 $ 552 31% (2) Street lighting fees 20,000 1,452 1,452 7% (3) Miscellaneous 1,000 Total Revenues 617,930 2,004 2,004 0% Expenditures: Salaries & Wages 5,585 1,494 1,494 27% Street lighting 648,000 134,347 134,347 21% Miscellaneous 25,900 5,849 5,849 23% Total Expenditures 679,485 141,690 141,690 21% Revenues Over/(Under) Expenditures (61,555) (139,686) Beginning Fund Balance, July 1, 2005 175,427 175,427 Beginning Fund Balance, July 1, 2005 $ 113,872 $ 35,741 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Investment interest was higher than expected due to steady interest rate increase by the Federal Open Market Committee. 3) The decreased activities in street lighting fees is due to timing of developers pulling permits for for new homes. 4 Temecula Community Services District Service Level C . Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2005 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $ 1,269,336 (I) Investment interest 4,620 $ 1,223 $ 1,223 26% Plan check and inspections 30,500 7,874 7,874 26% Total Revenues 1,304,456 9,097 9,097 1% Expenditures: Salaries and wages 243,606 56,769 56.769 23% Landscape maintenance 81p,000 168,816 $ 179,488 348,304 43% (2) Utilities 290,000 112,120 112,120 39% (3) Other expenditures 95,700 10,208 33,796 44,004 46% (3) Total Expenditures 1,439,306 347,913 213,284 561,197 39% Revenues Over/(Under) Expenditures (134,850) (338,816) Beginning Fund Balance, July 1, 2005 302,983 302,983 Ending Fund Balance, September 30, 2005 $ 168,133 $ (35,833) Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance is primarily due to encumbrances that are recorded for landscape maintenance and consulting services for the remainder of the year. 3) The variance is due to utilities costs were higher than anticipated for this quarter. 5 Temecula Community Services District Service Level 0 - Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30,2005 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Assessments $ 4,493,638 (1) Grants 21,000 $ 21,170 $ 21,170 101% (2) Investment interest 1,500 1,610 1,610 107% (3) Recycling Program 5,000 (4) Total Revenues 4,521,138 22,780 22,780 1% Expenditures:. Salaries and ~ages 42,925 10,921 10,921 25% Refuse hauling 3,684,756 (5) Other expen~itures 235,900 9,639 9,639 4% Total Expenditures 3,963,581 20,560 20,560 1% Revenues Over/(Under) Expenditures 557,557 2,220 Beginning Fund Balance, July 1, 2005 849 849 Ending Fund Balance, September 30, 2005 $ 558,406 $ 3,069 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The recycl~hg grant was received in July of this fiscal year. 3) Investmen~interest was hi~er than expected due to steady interest rate increase by the Federal Open Market Committee. 4) The CR&R recycling grant is scheduled to be received by January of this fiscal year. 5) Refuse hauling payments are made semi-annually in January and June of each fiscal year. 6 Temecula Community Services District Service Level R - Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2005 Annual Amended YTD Total Percent Budget Acti vity Encumbr. Activity of Budget Revenues: Assessments $ 9,370 (I) Investment interest 725 $ 173 $ 173 24% Total Revenues 10,095 173 173 2% Expenditures: Emergency Street Maintenance 12,100 132 $ 10,000 10,132 84% (2) Other expenditures 100 Total Expenditures 12,200 132 10,000 10,132 83% Revenues Over/(Under) Expenditures (2,105) 41 Beginning Fund Balance, July 1, 2005 30,738 30,738 Ending Fund Balance, September 30, 2005 $ 28,633 $ 30,779 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance in emergency street maintenance is due to encumbrances that are recorded for the remainder of the year. 7 Temecula Community Services District Service Level L -Lake Park Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended Septemher 30, 2005 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $ 206,000 (1) Investment interest 440 $ 1,925 $ 1,925 438% (2) Total Revenues 206,440 1,925 1,925 1% Expenditures: Salaries & Wages 27,501 7,165 Lake maintenance 47,500 10,200 $ 15,121 25,321 53% (3) Other expenditures 132,500 37,177 6,248 43,425 33% Total Expenditures 207,501 54,542 21,369 68,746 330/0 Revenues Over/(Under) Expenditures (1,061) (52,617) Beginning Fund Balance, July 1,2005 274,834 274,834 Ending Food Balance, September 30, 2005 $ 273,773 $ 222,217 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Investment interest was higher than expected due to steady interest rate increase by the Federal Open Market Committee. 3) The variance is due to encumbrances that are recorded for the remainder of the year. 8 Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2005 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment interest $ 1,750 $ 25 $ 25 1% (1) Operating transfers in 500,450 369,000 369,000 74% (2) Total Revenues 502,200 369,025 369,025 73% Expenditures: Debt service - principal 240,000 (3) Debt service - interest 254,150 (3) Other expenditures 6,300 i9 $ 6,750 6,769 107% (4) Total Expenditures 500,450 )9 6,750 6,769 1% Revenues Over/(Under) Expenditures 1,750 369,006 Beginning Fund Balance, July 1,2005 4,528 4,528 Ending Ftmd Balance, September 30, 2005 $ 6,278 $ 373,534 Notes: 1) Investment Interest was lower due to low cash balances from debt service payments. 2) The operating transfer is processed this quarter for principal and interest payment due in October. 3) Debt service principal and interest are scheduled to be paid in October I. 4) The variance is primarily due to encumbrances that are recorded for Tru~tees Fees services for the remainder of the fiscal year. 9 REDEVELOPMENT AGENCY ITEM NO. 19 MINUTES OF A REGULAR MEETING OF . THE TEMECULA REDEVELOPMENT AGENCY NOVEMBER 22, 2005 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:11 PM., in the City Council Chambers. 43200 Business Park Drive. Temecula, California. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Edwards, Washington, Naggar, and Roberts ABSENT: o AGENCY MEMBERS: None Also present were City Attorney Thorson and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of November 8, 2005. 20 Third Amendment to Lease between the Redevelopment Aaencv of the Citv of T emecula and Butterfield Enterprises/Pascoe Manaaement LLP with respect to restrooms located at Butterfield Sauare RECOMMENDATION 20.1 Authorize staff to renew the five year lease between the Redevelopment Agency of the City of Temecula and Butterfield Enterprises with respect to restrooms located at Butterfield Square in the amount of $9.912 annually. 21 Status Update on the Temecula Education Center RECOMMENDATION 21.1 Receive and file. MOTION: Agency Member Washington moved to approved Consent Calendar Item Nos. 19- 21. The motion was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Chairman Roberts who abstained with regard to Item No. 19 (Minutes). R:\Minutes\112205 .1 RDA BUSINESS , 22 Appointment of Chairperson and Vice Chairperson of the Redevelopment Aoencv for Calendar Year 2006 RECOMMENDATION: 22.1 Entertain motions from the Agency Members to appoint the Chairperson to preside, effective January 1,2006, until the end of Calendar Year 2006. 22.2 Entertain motions from the Agency Members to appoint the Vice Chairperson, effective January 1, 2006, who will assume the duties of the Chairperson in the Chairperson's absence, and hold this office until the end of Calendar Year 2006. MOTION: Agency Member Comerchero moved to appoint Agency Member Naggar as Chairman of the Agency for calendar year 2005-06 and Agency Member Edwards as Vice Chairwoman. The motion was seconded by Agency Member Washington and electronic vote reflected unanimous approval. RDA DEPARTMENTAL REPORT No additional comment RDA EXECUTIVE DIRECTOR'S REPORT No additional comment RDA AGENCY MEMBERS' REPORTS No additional comments. RDA ADJOURNMENT At 8:13 PM., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, December 13, 2005 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEALJ R\Minutes\112205 2 ITEM NO. 20 Approvals City Attorney Director of Finance City Manager pJio( /JR.. C)tJ. v TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: DATE: Genie Roberts, Director of Finance December 13, 2005 SUBJECT: Financial Statements for the Three Months Ended September 30, 2005 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Senior Accountant RECOMMENDATION: That the Agency Members: 1. Receive and file the Financial Statements for the Three Months Ended September 30, 2005. 2. Approve an increase in Operating Transfer of $1 ,077,000 from Debt Service Fund to the RDA Capitallmprovementfund. , BACKGROUND: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the three months ended September 30,2005. Please see the attached financial statements for an analytical review of financial activity. The increase in operating transfers is due to Tax Increment Revenue in the Debt Service Fund available for Capital Improvement RDA eligible projects. During the budget process, available tax increment funding is combined between CIP Fund (280) and Debt Service Fund (380) and this transfer is required to accurately reflect the expenditures in the appropriate fund. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 2005 Statement of Revenues, Expenditures and Changes in Fund Balance for the three months ended September 30, 2005 TEMECULAREDEVELOPMENTAGENCY Combining Balance Sheet as of September 30,2005 And the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30,2005 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of September 30, 2005 Low/Mod C[P Debt Fund Fund Service Total Assets: Cash and investments $ 9,742,947 $ 1,913,766 $ 1,974,549 $ 13,63 [,262 Receivables 1,043,480 281,870 303,385 1,628,735 Land be1d for resale 98,484 98,484 Total assets $ 10,786,427 $ 2,294,120 $ 2,277,934 $ 15,358,481 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities $ 121,736 $ . 27,373 $ 1,603,835 $ 1,752,944 Deferred revenue . 405,274 125,000 530,274 Total liabilities 527,010 152,373 1,603,835 2,283,218 Fund balances: Reserved 10,259,417 2,14[,747 674,099 13,075,263 Designated Undesignated Total fund balances 10,259,417 2,141,747 674,099 13,075,263 Total liabilities and fund balances $ Hl,786,427 $ 2,294,120 $ 2.277,934 $ 15,358,481 Please note that these balances are unaudited City ofTemecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Three Months Ended September 30, 2005 Notes: 1) Property tax increment is received in January and May of each fiscal year. 2) The annual rent from Temecula Gardens is expected to be received in April of this fiscal year. 3) The variance is due to more than expected residential rehab loans refinanced during this quarter. 4) Th<? variance is due primarily to recording an adjustment required by GASB 31, which values the investments held at fair market value. 5) The variance in Homebuyer programs is due to expensive housing cost and most of the applicants do not meet the requirements to participate in the program. 6) The variance in Housing development is due to the Temecula Education Center, Old Town Mixed Use, Pujol Neighborhood project that have not yet completed. 7) The variance is due to the annual contribution to Mission Village Project rehabilitation made during this quarter. 2 City ofTemecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency-CIP For the Three Months Ended September 30, 2005 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Investment interest $ 25,000 $ 10,363 $ 10,363 41% (1) Loan interest 11,800 2,941 2,941 25% Reimbursements/Misc 2,900 2,818 2,818 97% (2) Operating transfers in 1,020,100 255,025 255,025 25% Total Revenues 1,059,800 271,147 271,147 26% Capital Projects: Old Town Building Fa~ades 280.813 79,313 31,731 31,731 40% (3) Gateway Landscape OT 280-833 17,279 1,118 $ 13,096 14,214 82% (4) Erie Stanley Gardner 280.834 76,369 500 3,761 4,261 6% (5) Old Town Identification Sign 280.836 90,000 (5) Old Town Southside Parking.EMWD 280.838 225,000 1,029 1,029 0% (5) Wireless Fidelity WIFI Hot Zone 280.839 35,000 (5) Operating Expenditures: Salaries and wages 127,556 36,727 36,727 29% Operating and administrative expenditures 376,605 71,894 73,993 145,887 39% (6) ERAF 770,000 Old Town plan implementation 184,570 57,150 43,202 100,352 54% (6) Banner program 1,000 169 831 1,000 100% (7) Operating transfers out 1,341,696 3,545 3,545 0% (8) Total Expenditures 3,324,388 202,834 135,912 338,746 10% Revenues Over/(Under) Expenditures (2,264,588) 68,313 Beginning Fund Balance, July 1,2005 2,073,434 2,073,434 Ending Fund Balance, September 30, 2005 $ (191,154) S 2,141,747 Notes: 1) Investment interest was higher than expected due to steady interest rates increases by the Federal Open Martet Committee. 2) The variance is due to several miscellaneous property tax escrow refund from prior year and revenues from Old Town Antique Show. 3) The variance in Building Facades is due to more activities than expected in the FaiYade program during this quarter. 4) The variance in Gateway Landscape is due to encumbrances that are recorded for the completion of the project for this fiscal year. 5) The C1P project Erie Stanley Gardner, Old town Sign, Southside Parking, and Wireless WIF1 Hot zone have not yet started. 6) The variance in due to encumbrances that are recorded for consulting services and Old Town implementation for the fiscal year. 7) The variance in banner program is due replacing and cleaning old banners for special events. 8) The ClP project budget with this fund have not yet been completed during this quarter. 3 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Three Months Ended September 30, 2005 Annual Amended YTD Percent Budget Activity of Budget Revenues: Property tax increment $ 10,494,400 $ 984,951 9% (1) Investment interest 47,400 13,545 29% Total Revenues 10,541,800 998,496 9% Expenditures: Trustees admin fees 5,000 4,850 97% (2) Property Tax admin Fees 130,000 (3) Pass-through agreements 7,303,010 694,482 10% (3) Debt service - principal 405,000 405,000 100% (4) Debt service - interest 1,374,485 713,441 52% (4) Operating transfers out 1,020, I 00 255,025 25% Total Expenditures 10,237,595 2,072,798 20% Revenues Over/(Under) Expenditures 304,205 (1,074,302) Beginning Fund Balance, July 1, 2005 1,748,401 1,748,401 Ending Ftmd Balance, September 30, 20C $ 2,052,606 $ 674,099 Notes: 1) Property tax increment is received in January and May of each fiscal year, however, the county of Riverside released a one time clean up of Teeter funds being held on the RDA's hehal that were not remitted for the past several years. 2) Trustees fees are due and payable in August of this fiscal year. 3) Property Tax Admin fees and Pass-through Agreement payments are paid in January and May. 4) Debt Service Principal and Interest are due and payable by September fifteenth. 4 ITEM NO. 21 Approvals City Attorney Director of Finance City Manager fJ'~ #R- tf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 13, 2005 SUBJECT: AB1600 Annual Reports PREPARED BY: Jason Simpson, ~ssistant Director of Finance RECOMMENDATION: That the City Council receive and file the report. BACKGROUND: The California Government Code Section 66006 requires that an accounting of the developer impact fees be made public and the information reviewed in a regula~y scheduled public hearing. The Legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a mailer of statewide interest and concern. Annually the City Finance department staff compiles a report of expenditures made with developer impact fees collected and interest accrued during the year. Staff has compiled the AB1600 Report forthis purpose and recommends acceptance and approval of the report of expenditures made with the developer impact fees after hearing public testimony. . This report covers activity for Fiscal Year Endirig June 30, 2005. FISCAL IMPACT: Monies must be used within 5 years for specified purposes or returned to developer. All funds are all programmed to be spent in accordance with the 2006- 2010 Capital Improvement Program adopted June 14, 2005 by the City Council. ATTACHMENTS: AB1600 Reports City of T emecula. Open Space Government Code 66000 Calculation FY 2004-05 Attachment No.1 Fees are collected for open space land acquisitions. The impact fees for open space land are based on the cost of land needed to maintain the City's existing ratio of open space acreage to population. Because these fees are population.driven, they apply only to residential development The fee is $488.17 per residential attached unit (condominium, apartment, townhouse, and duplex) and $681.41 per residential detached unit (single family), payable at the time of issuance of a certificate of occupancy. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project Beginning Ending Account Description Fund Balance FY 2004-05 Fund Balance Revenues & Other Sources: Developer fees $ 319,611 Interest income $ 11,830 Contributions from property owners Transfers in , Total Sources , $ 331,441 , EXDenditures &.Other Uses: Capital Projects, $ 250,733 Transfers out Total Uses $ 250,733 Total Available $ 453,609 $ 80,708 $ 534,317 Five Year Revenue Test Using First In First Out Method Uns ent Funds Be resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues ColleCted from FY2003/04 Revenues Collected from FY2004105 Total Ending Fund Balance June 30, 2005 N/A N/A N/A $ 202,876 $ 331,441 $ 534,317 Result: Five ear sent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures FY 2004.05 % Com lete Multi Trails System 210-190-185 Roripaugh Ranch Open Space 210-190-195 Murrieta Creek Multi Purpose Trai/210-190.142 $ $ $ 56,000 30,000 164,733 15% 27% 80% 0% 0% 0% Total $ 250,733 City of T emecula Public Facilities & Road Benefit Government Code 66000 Calculation FY 2004.05 Attachment No.2 Fee is collected to provide street system, park and recreation, corporate, fire protection, and library facilities in an amount sufficient to meet the estimated demand created by residential and non-residential developments constructed in the City through build out. The fee varied depending on development type and was collected for each building payable upon the issuance of the certificate of occupancy. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Descrintion Fund Balance FY 2004-05 Fund Balance Revenues & Other Sources: Developer fees Interest income $ 14.231 Contributions from property owners Transfers in Total Sources $ 14,231 Expenditures & Other Uses: Capital Projects Transfers out Total Uses Total Available $ 633,867 $ 14,231 $ 648,098 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002103 Revenues Collected from FY2003/04 Revenues Collected from FY2004/05 Total Ending Fund Balance June 30, 2005 $ 508,001 $ 62,436 $ 34.938 $ 28,492 $ 14,231 $ 648,098 Result: Five ear sent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures FY 2004-05 % Com lete Note: All funds are encumbered to be spent on projects listed in the FY2005-2010 CIP adopted by City Council on 6/14/2005. Total City of T emecula Public Services Government Code 66000 Calculation FY 2004-05 Attachment No.3 Fee is collected to provide future space for police facilities and equipment. The fee is $350.25 per residential attached unit (condominium, apartment, townhouse, and duplex), $197.97 per detached unit (single family), and $.05-$.20 per square foot of floor area for commercial developments. Fees is payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permit is issued for commercial developments. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Descriotion Fund Balance FY 2004-05 Fund Balance Revenues & Other Sources: Developer fees Interest income $ 4,379 Contributions from property owners Transfers in Total Sources $ 4,379 EXDenditures & Other Uses: Capital Projects Transfers out Total Uses Total Available $ 195,282 $ 4,379 $ 199,661 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues Collected from FY2003/04 Revenues Collected from FY2004/05 Total Ending Fund Balance June 30, 2005 $ 182.164 $ 5,332 $ 4,822 $ 2,964 $ 4,379 $ 199,661 enttest met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Ca itallm rovement Pro'ects FY 2004-05 % Com lete Note: All funds are encumbered to be spent on projects listed in the FY2005-2010 CIP adopted by Cit Council on 6/14/2005. Total City of T emecula Fire Protection Government Code 66000 Calculation FY 2004-05 Attachment No.4 Fee is collected to provide fire protection facilities in an amount sufficient to meet the estimated demand created by residential and non-residential development constructed in the City through build out. The fee varied depending on development type and was collected for each building payable upon the issuance of the certificate of occupancy. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Descriotion Fund Balance FY 2004-05 Fund Balance Revenues & Other Sources: Developer fees Interest income $ 6,460 Contributions from property owners Transfers in Total Sources $. 6,460 , EXDenditures & Other Uses: Capital Projects Transfers out Total Uses Total Available $ 288,161 $ 6,460 $ 294,621 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues Collected from FY2003/04 Revenues Collected from FY2004105 Total Ending Fund Balance June 30, 2005 $ 264,845 $ 11,838 $ 7,106 $ 4,372 $ 6,460 $ 294,621 Result: Five ear sent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Ca itallm rovement Pro'ects FY 2004-05 % Com lete Note: All funds are encumbered to be spent on projects listed in the FY2005-2010 CIP adopted by Clt Council on 6/14/2005. Total City of Temecula Street Improvements Government Code 66000 Calculation FY 2004-05 Attachment No.5 Fee is collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $991.52 per residential attached unit (condominium. apartment, townhouse, and duplex), $1,416.47 per residential detached unit (single family), and $1.14.3.88 per square foot of fioor area for commercial development. Fee is payable upon the issuance of the certificate of occupancy for residential developments and payable at the time, the building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Descriotion Fund Balance FY 2004-05 Fund Balance Refund from Fund Balance: CFD 03.1 to Lennar $ (631,906) Total Refund $ (631,906) Revenues & Other Sourcesl Developer fees $ 1,4 79,332 I nterest income $ 52,603 Contributions from property owners Transfers in Total Sources $1,531,935 EXDenditures & Other Uses: Capital Projects $ 436,942 Transfers out Total Uses $ 436,942 Total Available $ 2,112,666 $ 463,087 $ 2,575,753 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues Collected from FY2003/04 Revenues Collected from FY2004/05 Total Ending Fund Balance June 30, 2005 N/A N/A N/A $ 1,043,818 $ 1,531,935 $ 2,575,753 Result: Five ear s enttest met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Ca itallm rovement Pro'ects FY 2004-05 % Com lete % Funded With Fee Diaz Road Realignment 210-165.632 Medians Citywide 210-165.6~2 $ $ $ 336,942 100,000 80% 100% 48.58% 5.26% Total 436,942 City of T emecula Traffic Signals and Traffic Control Systems Government Code 66000 Calculation FY 2004-05 Attachment No.6 Fee is collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development The fee is $140.36 per residential attached unit (condominium, apartment, townhouse, and duplex), $200.50 per residential detached unit (single family), and $.17-$.57 per square foot of floor area for commercial development Fee is payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project Beginning Ending Account Descriotion Fund Balance FY 2004-05 Fund Balance Revenues & Other Sources: Developer fees $ 214,362 Interest income $ 7,223 Contributions from property owners Transfers in Total Sources $ 221,585 Exoenditures & Other Uses: Capital Projects $ 267,860 Transfers out Total Uses $ 267,860 Total Available $ 379,557 $ (46,275) $ 333,282 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002103 Revenues Collected from FY2003/04 Revenues Collected from FY2004105 Total Ending Fund Balance June 30, 2005 N/A N/A N/A $ 111,697 $ 221,585 $ 333,282 Result: Five ear sent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures FY 2004-05 % Com lete Meadows @ La Serena 210-165-744 Meadows @ Rancho Vista 210-165-745 $ $ $ 140,000 127,860 35.90% 32.78% Total 267,860 City ofTemecula Park & Recreation Improvements Government Code 66000 Calculation FY 2004-05 Attachment No.7 Fee is collected for park improvements based on the cost of improvements needed to maintain the City's existing ratio of improved park acreage to population. The fee for recreation facilities is based on the existing ratio of facility replacement cost to population. Because these fees are population-driven. they apply only to residential developments. The fee is $1,674.84 per residential attached unit (condominium, apartment, townhouse, and duplex) and $2,337.79 per residential detached unit (single family). Fee is payable upon the issuance of the certificate of occupancy. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Descrintion Fund Balance FY 2004-05 Fund Balance Refund from Fund Balance: CFD 03-1 to Lennar $ (450,000) Total Refund $ (450,000) Revenues & Other Sources: Developer fees $ 711,501 Interest income $ 77,807 Contributions from property owners Transfers in T atal Sources $ 789,308 Exoenditures & Other Uses: Capital Projects $ 1,894,185 Transfers out Total Uses $1,894,185 Total Available $ 4,714,176 $(1,554,877) $ 3,159,299 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues Collected from FY2003/04 Revenues Collected from FY2004/05 Total Ending Fund Balance June 30, 2005 N/A N/A $ 1,360,659 $ 1,009,332 $ 789,308 $ 3,159,299 Capital Improvement Facilities Expenditures Result: Five ear sent test met in accordance with Government Code 66001. Ca itallm rovement Pro.ects Sports Complex 210-190-173 Nakayama Garden 210-190-193 Veteran's Memorial 210-190-189 Pablo Apis Park 210-190-182 Rancho Ca Sports Park N/S Fields 210-190-188 TES Swimming Pool Renovations 210-190-198 Total FY 2004-05 % Com lete % Funded With Fee $ 1,360,449 30% 27.93% $ 110,000 100% 100.00% $ 35,000 100% 35,00% $ 221,236 100% 55.75% $ 100,000 98.04% $ 67,500 $ 1,894,185 City of Temecula Corporate Facilities Government Code 66000 Calculation FY 2004-05 Attachment No.8 Fee is collected for City administrative and maintenance facilities. The need for future City Hall space is due to the demand for services housed in City Hall. The need for maintenance facilities is due to increase in street and park maintenance. The fee is $206.06 per residential attached unit (condominium, apartment townhouse, and duplex), $384.30 per residential detached unit (single family), and $.07-$.21 per square foot of floor area for commercial developments. Fee is payable upon the issuance of the certificate of occupancy for residential developments and payabie at the time the building permits is issued for commercial developments. The fee is adjusted at July 1> each fiscal year to include the the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2004-05 Fund Balance Refund from Fund Balance: CFD 03-1 to Lennar $ (141,182) CFD 03-1 to U S Bank $ (51,251) Total Refund $ (192,433) Revenues & Other Sources: Developer fees $ 370,858 Interest income $ 27,893 Contributions from property owners Transfers in ~ . T atal Sources $ 398,751 EXDenditures & Other Uses: Capital Projects $ 50,000 Transfers out Total Uses $ 50,000 Total Available $ 1,071,814 $ 156,318 $ 1,228,132 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues Collected from FY2003/04 Revenues Collected from FY2004/05 Total Ending Fund Balance June 30, 2005 N/A $ 95,672 $ 253,103 $ 480,606 $ 398,751 $ 1,228,132 Result: Five ear sent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Ca itallm rovement Pro 'ects FY 2004-05 % Com lete % Funded With Fee Old Town Properties Master Plan 210-165-751 $ $ 50,000 50,000 20.00% Total City of T emecula Fire Protection Facilities Government Code 66000 Calculation FY 2004-05 Attachment No.9 Fee is collected to provide future fire protection facilities and apparatus. The fee is $225.60 per residential attached unit (condominium, apartment, townhouse. and duplex), $486.16 per residential detached unit (single family), and $.04-$.09 per square foot of floor area for commercial developments, payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project Beginning Ending Account Description Fund Balance FY 2004-05 Fund Balance Refund from Fund Balance: CFD 03-1 to Lennar $ (34,975) CFD 03-1 to U S Bank $ (12,697) Total Refund $ (47,672) : Revenues & Other Sources: Developer fees $ 181,163 Interest income - $ 22,907 Contributions from property owners Transfers in . Total Sources $ 204,070 EXDenditures & Other Uses: Capital Projects Transfers out Total Uses Total Available $ 926,928 $ 156,398 $ 1,083,326 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues Collected from FY2003/04 Revenues Collected from FY2004/05 Total Ending Fund Balance June 30, 2005 $ 67,742 $ 182,748 $ 230,112 $ 398,654 $ 204,070 $ 1,083,326 Result: Five ear sent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Ca itallm rovement Pro'ects FY 2004-05 % Com lete % Funded With Fee Note: All funds are encumbered to be spent on projects listed in the FY2005-2010 CIP adopted b Ci Council on 6/14/2005. Total City of Temecula Library Government Code 66000 Calculation FY 2004-05 Attachment No. 10 Fee is collected to provide future library facilities and materials. Because these fees are population-driven, they apply only to residential developments. The fee is $446.09 per residential attached unit (condominium, apartment, townhouse. and duplex), $622.66 per residential detached unit (single famiiy). Fee is payable upon the issuance of the certificate of occupancy. The fee is adjusted at July 1. each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project Beginning Ending Account Descriotion Fund Baiance FY 2004-05 Fund Balance Refund from Fund Balance: CFD 03-1 to Lennar $ (132,282) CFD 03-1 to U S Bank $ (48,020) Total Refu nd $ (180,302) Revenues & Other Sources: Developer fees $ 407,588 Interest income $ 33,626 Contributions from properly owners Transfers in Total S'ources $ 441,214 Exoenditures & Other Uses: Capital Projects $ 521,570 Transfers out Total Uses $ 521,570 Total Available $ 1,605,793 $ (260,658) $ 1,345,135 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues Collected from FY2003/04 Revenues Collected from FY2004/05 Total Ending Fund Balance June 30, 2005 $ 147,362 $ 371,722 $ 182,748 $ 202,089 $ 441,214 $ 1,345,135 Finding: All Library DIF funds are encumbered to be spent over the next 14 months for the new Public Library Project currently under construction and identified in the 2005-2010 CIP adopted by City Council in June 2005. Result: Five ear sent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Ca itallm rovement Pro'ects FY 2004-05 % Com lete % Funded With Fee Library,280-199-129 $ 521,570 33% 13.45% Total $ 521,570 City of Temecula Public Art Government Code 66000 Calculation FY 2004-05 Attachment No. 11 Fees are collected to enhance the quality of life for city residents, workers and visitors by providing for the acquisition, placement and maintenance of public artwork. The fee is equal to 10% of 1 % of the building value in excess of $1 00,000 payable upon the issuance of each building permit The fee is based upon the attached formula and data sheet and varies from project to project Beginning Ending Account Description Fund Balance FY 2004-05 Fund Balance Revenues & Other Sources: Developer fees $ 54,929 Interest income $ 238 Contributions from property owners Transfers in Total Sources $ 55,167 Expenditures & Other Uses: Capital Projects $ 78,000 Transfers out Total Uses $ 78,000 Total Available $ 23,377 $ (22,833) $ 544 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues Collected from FY2003/04 Revenues Collected from FY2004/05 Total Ending Fund Balance June 30, 2005 N/A N/A N/A N/A $ 544 $ 544 Result: Five ear sent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures FY 2004-05 % Com lete Veteran's Memorial 210-190-189 $ $ 78,000 78,000 100% 78% Total City of Temecula Police Facilities Government Code 66000 Calculation FY 2004-05 Attachment No. 12 Fee is collected to provide future space for police facilities and equipment. The fee is $362.16 per residential attached unit (condominium, apartment, townhouse, and duplex), $204.70 per detached unit (single family), and $.02-$.07 per square foot of floor area for commercial developments. Fees is payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Descriotion Fund Balance FY 2004-05 Fund Balance Revenues & Other Sources: Developer fees $ 122,234 Interest income $ 4,038 Contributions from properly owners Transfers in , Total Sources $ 126,272 EXDenditures & Other Uses: Capital Projects . . Transfers out Total Uses Total Available $ 121,697 $ 126,272 $ 247,969 Five Year Revenue Test Using First In First Out Method Uns ent Funds Re resent Endin Fund Balance Previous Years Revenues Revenues Collected from FY2001/02 Revenues Collected from FY2002/03 Revenues Collected from FY2003/04 Revenues Collected from FY2004/05 Total Ending Fund Balance June 30, 2005 N/A N/A N/A $ 121,697 $ 126,272 $ 247,969 Result: Five ear sent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures FY 2004-05 % Com lete % Funded With Fee Total ITEM NO. 22 Approvals City Attorney Director of Finance City Manager )A~ 11/2 tf I CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: DATE: James O'Grady, Assistant City Manager December 13, 2005 SUBJECT: Formation of Tourism Business Improvement District to Promote Tourism in the Temecula Valley RECOMMENDATION: That the City Council: 1. Conduct a public hearing to consider protests regarding the formation of the Temecula Valley Tourism Business Improvement District 2. Instruct the City Clerk to tabulate any written protests which might be received prior to the close of the public hearing regarding the formation of the proposed District 3. If the City Clerk reports that there is not a majority protest received regarding this District, then request first reading and introduce the ordinance entitled: ORDINANCE NO. OS-_ AN ORDINANCE OF THE CITY OF TEMECULA ADDING CHAPTER 3.40 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF TEMECULA 4. If the ordinance described in 3 above has been introduced, adopt the resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL YEAR 2006-2007 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT 862369.2 November 25. 2005 5. If the ordinance described in 3 above has been introduced. adopt the resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ADVISORY BOARD FOR THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT 6. If the ordinance described in 3 above has been introduced, approve the agreement entitled: MANAGEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION AND VISITORS BUREAU FOR THE OPERATION AND ADMINISTRATION OF TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT BACKGROUND: At your September 27,2005 meeting, the City Council considered a request from the Temecula Valley Convention and Visitor's Bur~au (CONVIS) to form a Tourism Business Improvement District to promote tourism in the Temecu{a Valley. After consideration, the City Council approved a resolution declaring its intent to further consider the formation of such a district. . As part of its consideration of this item, the City Council set the date for a 'public meeting on November 8, 2005, and scheduled a public hearing for December 13, 2005. Notices of the public meeting and public hearing were sent to all 16 of the potentially affected lodging establishments on October 4, 2005. The City Council conducted the public meeting on November 8, 2005 to receive further information regarding the int,ended purpose and operation of the District. Three representatives of Temecula hotels spoke at the November 8 meeting, and all urged formation of the District. DISCUSSION: If the City Council were to form this District, several ordinances, agreements, and resolutions would be required. These include: An ordinance establishino the Business Improvement Bistrict. The proposed ordinance establishes the District and provides for the assessments and fiscal year to begin on March 1, 2006, and for the assessment to be 2 percent of the nightly room rate for each occupied room. The Ordinance provides that the District includes only the lodging businesses within the City of T emecula as the lodging businesses within the Wine Country of unincorporated Riverside County will not be a part of the District at this time. A resolution lewino an assessment for Fiscal Year 2006-2007. This resolution incorporates the necessary findings to levy the assessments. The assessments would be paid on a monthly basis. A resolution appointino an Advisorv Board for the District. This Board would make recommendations to the City Council on the expenditure of revenues, the Annual Report. the Budget and on other matters relating to the District. It is proposed that the Board consist of seven (7) representatives of lodging establishments within the District. Representatives of the Temecula Creek Inn, Embassy Suites, and Hampton Inn would be permanent representatives on the Advisory Board and four additional representatives to the Advisory Board would be appointed by the Board of 862369.2 November 25, 2005 the Temecula Valley Convention and Visitors Bureau. The Advisory Board would be required to hold open meetings in accordance with the provisions of the Brown Act. An aqreement between the City and the CONVIS providinq for the operation and administration of the Business Improvement District. The proposed agreement provides for the CONVIS to provide an annual report outlining the proposed activities. an annual budget of revenues and expenditures for the District. The agreement further requires the CONVIS to prepare and submit an annual audit. Finally, the agreement provides for the City to recover its legal costs in forming the District and provides for the City to retain 2% of the monthly revenues to cover its costs in administering the District. A copy of the material received for the September 27,2005 meeting which requests formation of this District is also attached as background information. FISCAL IMPACT: It is anticipated that a 2% annual assessment would result in the collection of approximately $430.000 per year which would be used by the CON VIS for promotion of tourism. If the District is formed, the City would recover its legal costs related to the establishment of the proposed District. which are estimated to be approximately $18,000. In addition, the City would receive 2% of the assessments, or approximately $9000 per year, to offset administrative costs. ATTACHMENTS: 1. Ordinance establiShing the Tourism Business Improvement District 2. Resolution levying 'an annual assessment 3. Resolution appointing an Advisory Board 4. Agreement between the City and the CONVIS providing for operation and administration of the District 5. Background materials dated September 19, 2005 862369.2 November 25, 2005 ORDINANCE NO. AN ORDINANCE OF THE CITY OF TEMECULA ADDING CHAPTER 3.40 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findinqs. (a) Pursuant to the Parking and Business Area Law of 1989, California Streets and Highways Code Sections 36500 et seq. (the "Act"), on SeJiltember 27, 2005, the City Council adopted Resolution No. 05-97, entitled "A ResotUtion of the City Council of the City of Temecula Declaring its Intention to Establish the Temecula Valley Tourism Business Improvement District, Declaring its Intention to Le\iy an Assessment on Lodging Businesses within Such District for Fiscal Year 2006-2007, and Fixing the Time and Place of a Public Meeting and a Public Hearing Thereon and Giving Notice Thereof' ("Resolution of Intention"). . (b) The City Council caused notice of a public meeting and a public hearing concerning the proposed establishment of the Temecula Valley Tourism Business Improvement District and the proposed levy of an assessment against lodging businesses for fiscal year 2006-2007 within the proposed District to be duly mailed as provided by law. (c) A public meeting and a public hearing concerning the proposed establishment of the Temecula Valley Tourism Business Improvement District and the proposed levy of an assessment against lodging businesses within the proposed District for fiscal year 2006-2007 were held on November 8, 2005, and December 13, 2005, respectively, at the hour of 7:00 p.m. in the City Hall Council Chambers, 43200 Business Park Drive, Temecula, California 92590. (d) At the public meeting and the public hearing, the testimony of all interested persons for or against the establishment of the proposed Temecula Valley Tourism Business Improvement District, the extent of the proposed District, or the furnishing of specified types of activities within the proposed District, and regarding the levy of an assessment against lodging businesses within the proposed District for fiscal year 2006-2007 was heard and considered, and a full, fair and complete meeting and hearing were held. 857063.3 November 25,2005 - 1 - (e) The City Council hereby determines that there was not a majority protest within the meaning of Section 36525 of the Act. (f) In the opinion of the City Council, tourism is economically important and desired in the City, lodging businesses receive a special benefit from tourist visits that is distinct and far greater than the benefits, if any, received by other properties and businesses in the District, and the lodging businesses and property within the Temecula Valley Tourism Business Improvement District will be benefited by the activities to be funded by the assessments. The goal of such activities is to promote tourism through the attraction of more customers who will patronize the lodging businesses in the District. (g) The City Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. The City Council herby determines, in accordance with 14 Cal. Code Regs. Section 15061(b) of the California Environmental Quality Act Guidelines ("CEQA Guidelines"), that the formation of the Jemecula Valley Tourism Business Improvement District as described in this Ordinance is not a "project" within the meaning of Section 15378 of the CEQA Guidelines, and, is therefore exempt from the requirements of CEQA. Pursuant to CEQA Guidelines Section 15061(d) and 15062, the City Manager is hereby directed to cause a Notice of Exemption to be prepared, executed and filed for the foregoing determination in the manfler required by law. (h) Pursuant to its Resolution No.05-98, adopted on September 27,2005, the City Council requested the Board of Supervisors of the County of Riverside to grant consent to the City forming the Temecula Valley Tourism Business Improvement District and including a portion of the unincorporated area of the County of Riverside therein. The City has withdrawn its request of the Board of Supervisors to grant its consent, thereby necessitating the modification of the boundaries of the Temecula Valley Tourism Business Improvement District to exclude territory in the unincorporated area of the County of Riverside. (i) The boundaries of the District are hereby modified from those described in the Resolution of Intention (Resolution No. 05-97) to exclude therefrom the portion of the unincorporated area of Riverside County known as Wine Country. The boundaries of the District are the boundaries of the City of Temecula, and include all lodging businesses therein. 857063.3 November 25, 2005 - 2- Section 2. Chapter 3.40, Temecula Valley Tourism Business Improvement District, is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 3.40 TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT "Section 3.40.010 Establishment of District. Pursuant to the Parking and Business Area Law of 1989, California Streets and Highways Code Sections 36500 et 2Qg. (the "Act"), a business improvement area designated as the ''lemecula Valley Tourism Business Improvement District" (the "District") is hereby created and established. "Section 3.40.020 DescriDtion of District. The boundaries of the District are the boundaries of the City of Temecula and include all lodging businesses therein. For the purposes of this Chapter, the term "lodging I;>usiness" means hotels, motels and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.040. There are no separate benefit zones within the District. "Section 3.40.030 Svstem of Assessments. (a) Except where funds are otherwise available, an assessment is hereby levied annually against all lodging businesses within the District, existing and future, to pay for all the activities to be provided within the District, commencing with fiscal year 2006-2007. The assessment shall be in addition to any other assessments, fees, charges or taxes imposed by the City. No other businesses will be subject to the assessment. (b) The assessment shall be levied annually against all lodging businesses in the District based upon two percent (2%) of the rent charged by the operator per occupied room per night. Extended stays, defined as more than thirty (30) consecutive calendar days and those exempt persons as defined in TertJecula Municipal Code Section 3.20.040, will be exempt from the levy of assessments. The assessments shall not be included in gross room rental revenue for the purpose of determining the amount of the Transient Occupancy Tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code (the "Transient Occupancy Tax") (c) New lodging businesses established in the District after the beginning of any fiscal year shall not be exempt from the levy of the assessment for that fiscal year. (d) For purposes of the levying and collecting assessments within the District, a fiscal year shall commence on March 1st, and end on the following February 28th (or 29th); provided, however, the Council may, by 857063.3' November 25. 2005 - 3- resolution, designate the fiscal year as July 1 to June 30 of the following year, or any other fiscal year, subject to all applicable requirements of the Act (e) Assessments shall be collected in monthly installments or such other installments as determined pursuant to resolution of the City Council. (f) Each operator of a lodging business shall, on or before the thirtieth (30th) day of each month, commencing in April 2006, make a return to the City's Director or Finance, or his or her designee, (the "Assessment Administrator"), on forms provided by the Assessment Administrator, of the total rents charged and received for the immediately preceding month and the amount of assessment installment owed based on such rents. At such time the full amount of the assessment installment shall be remitted to the Assessment Administrator and shall be delinquent if not paid by such date. If the thirtieth day of the month falls on a Saturday, Sunday or City holiday, the return and payment shall be due on the first business day thereafter. Retums and payments are due immediately upon cessation of business for any reason and are delinquent thirty (30) days thereafter. Each retum shall be signed under penalty of perjury by a duly authorized agent of the operator. A return or payment made by mail shall be deemed received on the date shown on a postage cancellation stamp imprinted on the envelope in which the return or payment is received, or if a return or payment is made by means other than through the United States Mail, a return or payment shall be deemed received on the date the payment is stamped "received" by the Assessment Administrator. (g) Each assessment installment shall be subject to the same penalties and interest for nonpayment or fraud as are applicable to the Transient Occupancy Tax pursuant to Chapter 3.20 of the Temecula Municipal Code. (h) If any operator fails to make, within the time provided in this Chapter, any report and remittance of the assessment installment or any portion thereof required by this Chapter, the Assessment Administrator shall proceed in such manner as the Assessment Administrator deems best to obtain facts and information on which to base an estimate of the assessment installments due. As soon as the Assessment Administrator procures such facts and information as he or she is able to obtain upon which to base such estimate, the Assessment Administrator shall proceed to determine and assess against such operator the assessment installments, interest and penalties provided for by this Chapter. In case such determination is made, the Assessment Administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the subject operator at his last place of business known to the Assessment Administrator. The operator may make application for a hearing in the manner set forth in Section 3.20.100 of the Temecula Municipal Code, and, in such case, the provisions of such Section 3.20.100 shall govern the application, hearing, and determination of the assessment installment, interest and penalties, if any, by the Assessment 857063.3 November 25, 2005 - 4- Administrator. An operator may appeal the determination of the Assessment Administrator to the City Council in the manner set forth in Section 3.20.110 of the Temecula Municipal Code and, in such case, the provisions of such Section 3.20.110 shall govern the appeal and the findings of the City Council, which findings shall be final and conclusive. (i) The amount of assessment installments, penalties and interest imposed by this Chapter shall be deemed a debt owed to the City by the operator of a lodging business. An action may be commenced in any court of competent jurisdiction in the name of the City for the amount of such debt In addition to the assessment installments, penalties and interest, the operator shall be liable to the City for the costs of collection of the amounts due and the enforcement of this Chapter, including, without limitation, all reasonable attorney fees, staff time and other costs of collection and litigation. Conviction and punishment of any person for failure to comply with the provisions of this Chapter shall not relieve such person from paying any assessment installment, penalty or interest due and unpaid at the time of such conviction nor shall payment prElvent prosecution of a violation of any of the provisions of this Chapter. All remedies shall be cumulative and the use of one or more remedies by the City to enforce this Chapter shall not bar the use of any other remedy. 0) Any operator of a lodging business or other person who;fails or refuses to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the Assessment Administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim, who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due pursuant to this Chapter is guilty of a misdemeanor. (k) The assessment is levied on each lodging business in the District and each such lodging business shall be solely responsible for payir]g all installments when due. Without disturbance of the foregoing, a lodging business may elect to recover some or all of the amount of the assessment from persons owing rent to the lodging business. The amount to be recovered from any such person may not exceed the amount of rent owed by that person, multiplied by two percent (2%). The amount so recovered shall be separately identified or itemized on a document provided to that person. (I) It shall be the duty of every operator of a lodging business to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of the assessments due hereunder as provided in this Chapter. The Assessment Administrator shall have the authority to require the maintenance of certain records and the form of such records and shall have the. right to inspect such reords at all reasonable times. 857063.3 November 25. 2005 - 5- (m) Whenever the amount of any assessment installment, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this Chapter, it may be refunded provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Assessment Administrator within one (1) year of the date of payment The claim shall be on forms furnished by the Assessment Administrator. No refund shall be paid unless the claimant established his right thereto by written records showing entitlement thereto. "Section 3.40.040. Fund. There is hereby created a special fund designated as the "Temecula Valley Tourism Business Improvement District Fund" into which all revenue derived from assessments levied pursuant to this Chapter shall be placed, and such funds shall be used only for the purposes specified in this Chapter. "Section 3.40.050. Use of Revenues. The revenue derived from the levy of the assessments shall be use~ for marketing and promotions to increase tourism and market the Temecula ,valley area as a tourist destination that benefits lodging businesses located and operating within the boundaries of the District as provided in the Resolution of Intention (Resolution No. 05-97) and shall not be used for any other purposes, The City shall retain from the Assessments an amount equal its actual expenses in setting up the District, including, without limitation, legal and staff costs, and two percent (2%) of collected Assessments for collecting the assessments and administration of the District.. "Section 3.40.060 Contract Services. The City may contract with a separate entity to administer the activities described in Section 3.40.050 above. Any entity with which the City contracts to administer such improvements and activities shall, at no expense to the City, provide an annual independent audit report by a Certified Public Accountant of the.se funds. The audit may be funded from assessment proceeds as part of the general administration of the District At all times the City shall reserve full rights of accounting of these funds. "Section 3.40.070 Amendments. Lodging businesses within the District established by this Chapter shall be subject to any amendments to the Act" Section 3. Severabilitv. If any section, sentence, clause or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining port'ions of this Ordinance. The City Council hereby declares that it would have passed and does hereby pass this Ordinance and each section, sentence, clause and phrase hereof, irrespective of the fact that anyone or more sections, sentences, clauses, or phrases may be declared invalid or unconstitutional. 857063.3 November 25, 2005 - 6 - Section 4. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published or posted in the manner prescribed by law. of PASSED, APPROVED AND ADOPTED this ,2006. day Ron Roberts Mayor ATTEST: Susan Jones,CMC City Clerk 857063.3 November 25,2005 - 7- STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss. CITY OF TEMECULA ) I, Susan Jones, MMC, 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 day of 2005, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 2006 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: SUSAN JONES, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING AN ASSESSMENT FOR FISCAL 'YEAR 2006-2007 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Parking and Business Improvement Area Law of 1989, California Streets and Highways Code Sections 36500 et seq. (the "Act"), authorizes the City Council (the "City Council") of the City of Temecula (the "City") to levy an assessment against businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City. Section 2. Pursuant to the Act, the City Council adopted Ordinance No. 05- establishing the Temecula Valley Tourism Business Improvement District (the "District"). Temecula. Section 3. The boundaries of the District are the boundaries of the City of Section 4. The City Council adopted its Resolution of Intention, Resolution No. 05-97. declaring its intention to levy and collect an assessment for fiscal year 2006-2007 (March 1, 2006 through February 28, 2007) against lodging businesses in the District Section 5. Following notice duly given pursuant to law, the City Council has held a full and fair public meeting on November 8, 2005 and public hearing on December 13. 2005 regarding the formation of the District and the levy and collection of an assessment within the District for fiscal year 2006-2007. At the public meeting and public hearing, the testimony of all interested persons for and against the proposed establishment of the District, the extent of the proposed District, or the furnishing of specified types of activities within the District and regarding the levy of an assessment against lodging businesses within the District for fiscal year 2006-2007 was heard and considered. The City Council finds that there was no majority protest within the meaning of the Act Section 6. Based upon reports and information presented to the City Council, the City Council hereby finds and determines that (i) the lodging businesses in the District will be benefited by the expenditure of funds raised by the assessment, (ii) the District includes all of the lodging businesses so benefited; and (Iii) the net amount of the assessment levied within the District for fiscal year 2006-2007 in accordance with Resolution No. 05-97 is apportioned by a formula and method which fairly distributes the net amount in proportion to the estimated benefits to be received by each such lodging business. 862370.2 November 25,2005 1 Section 7. The adoption of this Resolution constitutes the levy of an assessment for fiscal year 2006-2007. Assessments shall be paid in monthly installments. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this _ day of 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I. Susan W. Jones, MMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 05- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of 2005, by the following vote: AYES: o COUNCIL MEMBERS None NOES: o COUNCILMEMBERS: None ABSENT: o COUNCILMEMBERS: None Susan W. Jones, MMC City Clerk 862370.2 November 25,2005 2 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ADVISORY BOARD FOR THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. Pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Sections 36500 et seq.) (the "Act") the City Council adopted Ordinance No. _ establishing the Temecula Valley Tourism Business Improvement District ("District"). Section 2. Pursuant to the Act, the City Council hereby establishes the Temecula Vall'rY Tourism Business Improvement District Advisory Board ("Board"). A. The Board shall make recommendations to the City Council on the expenditure of revenues der[ved from the levy of assessments in the District, the method and basis of levying the assessments. the Annual Report and Budget for the District and other matters affecting the District.. The Board shall take such other actions as required by the Act and Chapter 3.40 of the Temecula Municipal Code. B. The Board shall consist of seven members. Three of the members shall. serve terms of three years. The members with three year terms shall be representatives of the following lodging businesses in the District: (1) Temecula Creek Inn; (2) Embassy Suites; and (3) Hampton Inn and Suites. Four of the members shall serve terms of two years. The members with two year terms shall be appointed by the Board of the Temecula Valley Convention and Visitors Bureau ("CONVIS"). C. The Board shall meet at least once each year at Temecula City Hall. The mee!ings of the Board and Board operations shall be subject to the provisions of the Ralph M. BroWfl Act (Government Code Sections 54900 et seq.). D. The Board may adopt by-laws for the conduct of its affairs. Section 3. The City Clerk shall certify to the adoption of this Resolution. 857218.1 October 27,2005 -1- PASSED, APPROVED, AND ADOPTED, by the City Council of the CityofTemecula this day of 2005. Jeff Comerchero Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2005-_ was duly and regularly adopted by the City Council ofthe City ofT ernecula at a regular meeting thereof held on the day of 2005, by the following vote: AYES: o COUNCIL MEMBERS None NOES: ABSENT: o COUNCIL MEMBERS: COUNCIL MEMBERS: None o None Susan W. Jones, MMC City Clerk 857218.1 October 27, 2005 -2- MANAGEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION AND VISITORS BUREAU FOR THE OPERATION AND ADMINISTRATION OF TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT THIS AGREEMENT is made and entered into as of December 13, 2005, by and between the CITY OF TEMECULA, a municipal corporation ("City") and Temecula Valley Convention and Visitors Bureau, a California, a California non-profit corporation (the "CONVIS"). RECITALS: WHEREAS City Ordinance No. , adopted on December 13, 2005 (the "Ordinance"), established the Temecula Valley Tourism Business Improvement District (the "District") under the provisions of the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (the "Act"); and WHEREAS, pursuant to the Act and the Ordinance. an assessment (the Assessment") may be annually levied on and collected from lodging businesses in the District for the purpose of tourism promotions and marketing projects, programs and activities that benefit lodging businesses located and operating within the boundaries of the District; and WHEREAS CONVIS has available personnel,' resources and expertise to implement activities within the District which are permitted to be funded with proceeds of the Assessment; and WHEREAS, CONVIS is qualified to undertake activities within the District and is willing to do so. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the City and CONVIS hereby agree as follows: 1. PROJECT COORDINATION. A. The City's Assistant City Manager. or his or her designated representative, shall be the project manager for the City and shall supervise and direct all actions to be performed by the City pursuant to this Agreement. - B. CONVIS designates its Executive Director to be the contact person with regard to all actions to be taken on behalf of CONVIS pursuant to this Agreement. 2. TERM. A. Initial Term. The term of this Agreement commenced on Jhe date first written above and shall continue until February 28, 2007, inclusive, unless earlier terminated or renewed in accordance with this Agreement. 857299.3 October 26,2005 B. Automatic Renewal. Approval by the City Council of the Annual Report (defined in Section 3, hereof), including the proposed District budget, for each subsequent fiscal year shall automatically renew this Agreement with respect to such fiscal year. C. Termination. The City may suspend or terminate this Agreement immediately upon each breach of Sections 7 (Insurance Requirements) and 15 (Prohibited Interest). In addition, the City or CONVIS, upon at least thirty (30) days prior written notice, may terminate this Agreement with or without cause or for any reason. Within 45 days of the effective date of any termination, the City shall reimburse CONVIS for work which has been performed as of the termination date or which is in progress and Cannot prematurely be terminated by virtue of contractual commitments. Unexpended and unencumbered funds provided to CONVIS by the City pursuant to this Agreement and all tangible assets purchased wholly with such funds shall be immediately returned to the City. It is the intent of CONVIS not to purchase assets using a combination of funds derived from the Assessments and other resources available to CONVIS (a "Mixed Purchase"). In the event, however, that any Mixed Purchase shall be made, CONVIS shall provide the City with prior notice of the Mixed Purchase, and the City and CONVIS shall agree, prior to the Mixed Purchase. on how such asset shall be allocated in the event of a termination of this A9reement 3. SERVICES TO BE RENDERED; ANNUAL REPORT AND BUDGET. A. CONVIS' shall use the funds provided by this Agreement for marketing and promotions to increase tourism and market the Temecula Valley area as a tourist destination to the benefit of lodging businesses located and operating within the boundaries of the District, as more specifically provided in this Section. B. Except as provided in Section 3.C. below, on or before January 1, of each calendar year, CONVIS shall submit to the City, on a form approved by the Assistant City Manager, an annual report setting forth: (1) the proposed activities, programs and events for the District during the ensuing. fiscal year commencing on the following March 1 st; (2) the proposed Assessments anticipated for the ensuing fiscal year; (3) all other information required by the Act; and (4) the proposed budget for the District for the ensuing fiscal year which shall list the proposed expenditures and the amount designated for each proposed activity, program and event in such detail. as may be required by the Assistant City Manager. The Assistant City Manager shall submit the Annual Report to the duly approved Advisory Board for the Temecula Valley Tourism Business Improvement District for review and approval and then to the City Council for review and approval. Pursuant to the Act. the City Council may accept or modify the proposed Annual Report, including the budget CONVIS agrees to carry out such activities, programs and events as are contained in the City Council approved Annual Report, including the budget, in accordance with all applicable laws. CONVIS shall not spend any District funds except in accordance with the Annual Report approved by the City Council. C. In any year when CONVIS proposes that the City Council increase the Assessment and/or expand the boundaries of the District and/or modify the activities or improvements for the ensuing fiscal year, the Annual Report shall be submitted to the City on or before November 1, of the calendar year preceding the start of such ensuing fiscal year. 857299.3 October 26, 2005 2 4. COLLECTION OF ASSESSMENTS. CONVIS understands and agrees that the levy of Assessments by the City shall be in the sole discretion of the City Council. No provision of this Agreement shall be construed as a promise, warranty or agreement by the City to levy Assessments against lodging businesses in the District. The City shall have no liability to CONVIS for its decision to not levy Assessments or in connection with the amounts of any Assessments levied. CONVIS understands and agrees that the Ordinance may be amended from time to time by the City Council. '5. DISBURSEMENT OF FUNDS: AUDIT REQUIREMENT. A. So long as CONVIS is not in breach of this Agreement, the City shall disburse all collected Assessments to CONVIS for funding the programs and activities pursuant to this Agreement; provided however that City may retain from the collected assessments its costs of forming the District and two percent (2%) of the collected assessments each month for administration of the District as provided in this Agreement. Disbursements shall be made in such manner as the parties representatives shall mutually agree upon in writing. CONVIS may expend any funds received pursuant to this Agreement only for the purposes authorized by the Ordinance and only in accordance with the Annual Report and budget as approved by the City Council for the applicable fiscal year. B. CONVIS shall establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles and standards as approved by the City's Director of Finance. The system shall detail all costs chargeable to the City under this Agreement and shall substantiate all such costs, meeting acceptable standards for major public entities in Southern California and complying with any applicable Federal standards. The system shall meet the minimum fiscal and internal control requirements as determined by the Director of Finance. Within one hundred twenty (120) days after the end of the District's fiscal year, CONVIS shall submit to the City an audit report. prepared by a person or company approved by the City of the District's expenditures and completed activities for the preceding fiscal year. C. The City shall retain from the Assessments an amount equal to its actual _expenses, including, without limitation, legal and staff costs, in setting up the District, and two percent (2%) of collected Assessments for collecting the Assessments and administration of the District. 857299.3 October 26,2005 3 6. INDEMNIFICATION. CONVIS agrees to defend. indemnify, protect and hold harmless the City, Redevelopment Agency of the City of Temecula ("Agency") and their officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, their 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 and to the extent of CONVIS's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of and to the extent of the negligence of the City or the Agency, or their officers, officials, employees and volunteers. 7. INSURANCE REQUIREMENTS. CONVIS shall procure and maintain for the duration of the Agreement 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 CONVIS, its agents, representatives. or employees. a. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If CONVIS owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. CONVIS shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 857299.3 October 26,2005 4 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Finance Director. At the sole option of the Finance Director, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, Redevelopment Agency of the City of Temecula, their officers, officials. employees and volunteers; or CONVIS shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain. or be endorsed to contain. the following provisions: (1) The City. Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers ("Insureds") are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of CONVIS; products and completed operations of CONVIS; premises owned, occupied or used by CONVIS; or automobiles owned, leased, hired or borrowed by CONVIS. The coverage shall contain no special limitations on the scope of protection afforded to the Insu~eds. (4) For any claims related to this project, CONVIS's insurance coverage shall be primary insurance :as respects !he Insureds. Any insurance or self-insured maintained by the Insureds shall be excess of CONVIS's insurance and shall not contribute with it. (5) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Insureds. (6) CONVIS's insurance shall apply separately to each Insured against whom claim is made or suit is brought. except with respect to the limits of the insurer's liability. (7) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended. voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail. return receipt requested. has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. CONVIS shall furnish the City with original endorsements effecting coverage required by this Section. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, CONVIS's insurer rnay provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. - 857299.3 October 26.2005 5 8. INDEPENDENT CONTRACTOR. CONVIS is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of CONVIS shall at all times be under CONVIS's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of CONVIS or any of CONVIS's officers, employees, or agents except as set forth in this Agreement. CONVIS shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. CONVIS shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 9. LEGAL RESPONSIBILITIES. CONVIS shall keep itself informed of all local, State and Federal laws, ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. CONVIS shall at all times observe and comply with all such laws, ordinances and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONVIS to comply with this section. . 10. RELEASE OF INFORMATION. a. All information gained by CONVIS in performance of this Agreement shall be considered confidential and shall not be released by CONVIS without City's prior written authorization. CONVIS. its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided CONVIS gives City notice of such court order or subpoena. b. CONVIS shall promptly_ notify City should CONVIS, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents. interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with' respect to any project or activities. City retains the right, but has no obligation, to represent CQNVIS and/or be present at any deposition, hearing or similar proceeding. CONVIS agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by CONVIS. However, City's right to review any such response does not imply or mean the right by City to control, direct. or rewrite said response. 11. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to. Federal Express, that provides 857299.3 October 26,2005 6 a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of T emecula Mailing Address: P.O. Box 9033 Temecula. California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Assistant City Manager With a copy to: Peter M. Thorson, Esq. Richards, Watson & Gershon 355 South Grand Ave, 40lh Floor Los Angeles. Ca. 90071 To CONVIS: Temecula Valley Convention and Visitors Bureau 26790 Ynez Court Temecula. CA 92590 12. ASSIGNMENT. CONVIS shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. ~3. LICENSES. At all times during the term of this Agreement, CONVIS shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. j4. GOVERNING LAW. The City and CONVIS understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement Any litigation concerning this Agreement shall take place in the municipal. superior. or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 857299.3 October 26, 2005 7 15. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, CONVIS, or CONVIS's sub-contractors for this project, during his/her tenure with the City or for one year thereafter. CONVIS 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 CONVIS or CONVIS's sub-contractors on this project. CONVIS further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of CONVIS warrants and represents that he or she has the authority to execute this Agreement on behalf of CONVIS and has the authority to bind CONVIS to the performance of its obligations hereunder. 18. WAIVER. The City and CONVIS agree that waiver by the City or CONVIS of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 19. TIME OF ESSENCE. Time is of the essence of each and every provision of this Agreement. 1111 1111 857299.3 October 26, 2005 8 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, MMC ; City Clerk Approved As to Form: Peter M. Thorson City Attorney 857299.3 October 26,2005 9 CONVIS By: Name Title: By: Name: Title: (Two Signatures of Corporate Officers Required For CONVIS) 857299.3 October 26, 2005 10 n TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT , Submitted to the City of Temecula ~ " September 19, 2005 By TEMECULA VALLEY - - --....... Con-oention and Visitors Bureau , Downtown ResoUrces DOWNTpWN :: R: E.:S 0 U, R'G' E;,S' . .' ,~, .. ~....-., ,- .oJ .~,,"1~'A ~.1'.'I;Q; -) Teme<u1a Vaney Tourism Business Improvement District INTRODUCTION AND OVERVlBW Developed by a coalition of lodging business owners in conjunction with the Temecula Valley Convention & Visitors Bureau (IVCVB), the Temecula Valley Tourism Business Improvement District (TVTBID) is a benefit assessment district proposed to improve the tourism activity in the Temec;ula Valley and Wine Country_ The TVTB1D will establish various programs to increase the tourism activity in the Temerula Valley. TIlls approach has been used successfully. in other tourism and commercial districts throughout the count1}' to increase occupancies, and increase sales, promote tourism destinations and increase commercial activity. Location: The approximate boundaries: The proposed TVTBID includes all lodging busine..'lSes located within the city limits of the City of Temecub1 and Wine Country in Riverside County. . Services: Marketing and promotions to increase tourism and market the Temecula VaIleyas a tourist destination. Budget The total 1VTBID budget for year one of its operation 1S a base of approximately $455,000. Cost Annual assessment rates are based upon 2% of the rent charged by the operator. Extended stays are exempt from the assessment (stays of more than 30 consecutive calendar days). Duration: The proposed District will have a 1 year life. After 1 yeu, the petition process and City Council hearing process must ,be repeated far the District to be reestablished. Temeeula 'Valley Tourism BlJSiness Improvement District I () ( ) ( ) ........... n r-o , ) ~) WHY A TOURISM BID FOR THE TEMECULA VALLEY? The Temecula Valley Chamber of Commerce has been fortunate to receive uninterrupted funding from the city ofTemecula for a number of years to support tourism marketing. However, with increased presSure on local citiel! from the state and other groups, available resources are dwindling. Additionally, the Temecula Valley Chamber of Commerce and the Temecula Valley Convention & Visitors Bureau funding has always been supplied from each city's Genenl Fund (notT.O,T_ money), which is the same [mite pool of funds the cities use to hire additional firefighters, police officers and the like. The City currently spends over $800,000 in economic develop doDars and can not'assure the Temecula Valley Convention & Visitors Bureau the same level of funding_ The Temecula Valley Convention & Visitors Bureau needs to seek alternative funding source to supports our marketing goals to increase weekday business for our partners_ The need to be mare self-suflldent in tourism promotion For reasons stated above, the Temecula Valley Convention & Visitors Bureau needs to become more self-reliant when it comes to tourism promotion. In order to continue as a strong organization, the Temecula VaDey Convention & Visitors Bureau needs ,a stable source of funding directly tied to tourism. Forming a Temecula Valley Convention & Visitors Bureau Tourism BID would provide the Temecula Valley Convention & Visitors Bureau a large, more stable budget base and allow the OIganization to redirect tiffie previously spent On City budget request preparation to marketing and promotional activities. 'Ibis will in turn help create greater lodging occupancy, and therefore, increase potential assessment dollars. ' Need to improve and build upon existing tourism promotion With the formation of a Temecula Valley Tourism BID the Temecula Valley Convention & Visitors Bureau could increase its resources to help build upon our eJcisting tourism promotional efforts. The projected annual assessment would provide the funds necessary to augment ,the Temecula Valley Convention & Visitors Bureau's sales staff and marketing efforts, both designe<:! to increase business opportunities for Temecula Valley lodging properties. Opportunity to continue public/private partnership The formation of a Temecula Valley Tourism BID would allow the Temccula Valley Convention & Visitors Bureau to continue its successful public/private partnership between its dues-paying members, assessed lodging businesses, and city_ This new funding model would provide many benefits to the Temecula Valley and the Convention and Visitors Buteau business partners, while addressing specific needs of weekday business for the city, through an increase in business of group and leisure markets making it a win-win proposal for all. Tem<euJa Valley Tourism Business Improvement Dislrict 2 WlL4T ISA TOURISM BUSINESS IMPROVEMENT DISTRICT (-) Tourism Business Improvement Districts (BIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism districlS. Tourism BIDs allow hotel and tourism-related business owners to organize their efforts to increase tourism. Tourism-related business owners within the district fund a BID and those funds are used to provide services that the businesses desire. TemecuJa VaHey Convention &- Visitors Bureau The Mission of the Temecula Valley Convention & Visitors Bureau is to stimulate economic growth and tourism'in Our region by developing, expanding, and marketing our destination to conventions, meetings and leisure travel markets and drive week day, traffic. History of the TernecuJa VaHey Convention &- Visitors Bureau , The Temecula Valley Convention & Visitors Bureau WllS originally created as the result of a growing Tourism Committee within the Temecula Valley Chamber of Commerce. The Tourism Committee was established in 1991. Initially, the CVB operated under the , umbrella of the Chamber and in 2004 the TemecuIa Valley Convention & Visitors Bureau incorporated as an independent, noo-profit corpo!lltion_ Currently the TemecuIa Valley Convention & Visitors Bureau has over 160 active business members and 10 advisory board members. These board members represent tourism businesses in the Temecula Valley. ( ) \j Temecula Valley Tourism Business Improvement District. 3 ~ ~") ) ...-..... . Lodging BlI$inc55Cti Outreach Meetings Beginning, May 2.1, 2005, the Temecu1a VaHey Convention & Visitors Bureau has invited and welcomed aH lodging businesses within lhe boundaries of the proposed Tourism Business Improvement District to meet and discuss lhe formation of a Teme<:uIa Valley Tourism Bwiiness Improvement District. To date, the Temecula Valley Convention & Visitors Bureau has met with 14 of lhe 16 lodging properties. These meetings were attended by a variety of personnel, from GenCIaI Managers to business OwnetS. In each case, the . puipose was two-fold: to allow the Temecula Valley Convention & Visitors Bureau to share its ideas and information surrounding the possibility of establishing a tourism BID, and provide each lodging business a chance to ask Cjuestions, give feedback, and provide input regarding benefits they'd like to see specific to their lodging property. Overall, the meetings, . which averaged an hour in length, gauged the suppOrt level of the lodging estabJislunents for the tourism BID as very high. In fact, 98% of those meetings yielded a "Supportive>> Or "Leaning towards Supportive" ranking. Given lhe!ie encouraging numbers, the Temecula VaHey Convention & Visitors Bureau has t2ken steps to formalize a Tourism Business Improvement District. The TemeeuJa Valley Convention & Visitors Bureau has conected signed letters from the lodging businesses in SUpport of this district which strengthen the affirmation proposed District to be completed by the end of calendar year 2005. Lodging business SUpporter. City ofTemecula Temecula Creek Inn Embassy Suites Extended Stay.\merica Hampton Inn & Suites Holiday Inn Express Best Western Countxy Inn Rodeway Inn Comfort Inn Temecula Ranch California Inn Ramada Inn Motel 6 Palomar Hotel Wine Countxy- South Coast Wmery Resort& Spa Temecula Valley Tourism Busiaess Improvement DIstrict 4 TEMECULA CREEK INN () September 14, 2005 The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tern Ron Roberts And Temecula City Council Members . 43200 Business Park Drive p.o. Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partnenofthe City ofTemecula, we support the Temecula Valley .. Convention and Visitors Bureau and the City of Temecula to begin the process to fonn the Temecula Valley Tourism Business hnprovement District (''TVTBID'') pursuant to the Parking and Business hnprovement Area Law of 1989, Streets and Highways Code Section 36500 et seQ. to fund tourism promotions and marketing programs for the Ternecula Valley tourism industry. ( ) , We support in concept a: 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall he spent within the bolmdaries of the TVTBID on marketing and promotions to increase tourism and matket the TemecuIA Vallev area as a tourist and meetinE: destination. Sincerely, ~L---- . Doug Leiber General Manager DUpe t ) .....-.... -14501 R.\lx1k>\V C.\:\YOS ItU.\l) TE,).lt:CUL.i~ C:\L1l't)RXl.'l 92591 951.694.1000 f.\X 951.616.8961 ~"'~..rE"EClll.\C...i;''''.CO.\J 5 TEMECULA VALLEY ---- --..... .~ Convention and Visitors Bureau "WlItre)tl/J Wall) To Be... Telllecula Valley" The Honorable Jeff Comerchero Mayor, City of T emecula And Mayor Pro Tern, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the'City of T emecula to. begin the process to form the Temecula Valley Tourism Business Improvement District ("TVTBIDU) pursuant to the Parking and Business Improvement Area Law of 1989. Streets and Highways Code Section 36500 et seQ. to fund tourism promotions and '.-) marketing programs for the Temecula Valley tourism ind,ustry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketino and oromotions to increase tourism and market the Temecula Valley area as a tourist and meetinQ destination. Please find below the signature of our support: ~~alb- Na e .. Embassv Suites Hotel Business Name ~~~~'- 9JIl/-/oS'" f , Date . ) --' 26790 Yncl. Court. Temecub. c.~. 92591 . i951) 676-5090 . Fa.\ (951) 69~-020 I . www.Temeculacvb.co01 r TEMECULA VALLEY --....... --- Convention and Visitors Bureau "H'h"r~ )011 WOI1/ To Be... Tem,culn Vnlley. The Honorable Jeff Comerchero Mayor, City ofTemecula And Mayor Pro Tem, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula, CPo, 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and; City Council Members: . . As a lodging partner of the City of Temecula, we sUPPQrt the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Temecula Valley Tourism Business Improvement District C'lVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et sea. to fund tourism promotions and . marketing programs for the Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the 1VTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketinq and promotions to increase tourism and market th.e Temecula Vallev area as a tourist and meetinq destination. iiJ;;~=-~:r~raJ) jJaJ7a~r ame. tie . . .9/;4/05 . I ' Extended Stav America Business Name Date 26790 Yntz. COUfl . TemeculOl. C.A 92,91 . t9,1) 676-5090. Fa.\ [95/169+0201 . Imw.Temecul3cvb.wm () ( .l t,) :J ~) J --' TEMECULA VALLEY --- ----- Convention and Visitors Bureau ""Wlere )Ot4 WtllZt To Be... TemeclfJa Valley" . The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tem, ROil Roberts And Temecula City Council Members 43200 Business Park Drive P.O'- Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tern Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of T emecula to begin the process to form the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets . and Highways Code Section 36500 et seo. to fund tourism promotions and marketing programs for the Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the lVTBID on marketinq and promotions to increase tourism and market the Temecula Valley area as a tourist and meetino destination. ~Iease find below the signature of our support: , C;... """ ,-e D' m.0'\cJ -l..Qw, \: .~~ ,d-t:yy'<)yJ i:l~) Name ~Nh,jl h(j~,((fY,--- Title Hampton Inn & Suites Business Name ) -('1-0~ Date 26790Ynez COLlri . Temecul3. c...I, 92591 . (95 I) 676-5090' Fa\ (951) 694-0101 . "'l\\'.Temecul;lc\'b.com TEMECULA VALLEY -- ~ Convention and Visitors Bureau N~YhL'n! You \1\1111/ To Be...Temecllla VnlIey'" () The Honorable Jeff Comerchero Mayor, City of Temecula 'And Mayor Pro Tem, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 . T emecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members; As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of T emecula to begin the process to form the Temecula Valley Tourism Business Improvement Oistrict ("TVTBIO") pursuant 10 the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seQ. to fund tourism promotions and marketing programs for the Temecula Valley tourism industry. ( ) We support a 2% assessment fee that shall be added to our guest folios, as detailed by the lVfBIO. The funds raised shalf be spent within the boundaries of the lVfBIO on marketinq and promotions to increase tourism and market the Temecula Vallev area as a tourist and meetinq destination. Please find below th7nature of our support: . J . /,1 . '~ ?1/ / . ~.' . , .-' / / .' .'/ ...- .,. \ ..:::-...,~ ,'. v (,0.' . Name '~"'''-''''\'''''':;CJ'l /l.l "".-vtol l.7\ il Title Holidav Inn Express Business Name Q- - / '1-c/ 5' Date L.) . . 26790 Ynel. Cour; . Temecub. C". 92591 . (951) 676-5090' Fax (951) 69~-020J . 11m\". Temcwlacvb.com '. TEMECULA VALLEY -- --....... Convention and Visitors Bureau n ,:t.,\:/tI!)'1! i'ou \-\~1Jii T!.l Be...T~mtcrda Va.lle!," The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tem, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Roberts and City Council Members: As a lodging partner ofthe City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seQ. to fund tourism promotions and ') marketing programs for the Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketinQ and promotions to increase tourism and market the Temecula Vallev area as a tourist and meetina destination. Please find below the signature of our support: JA'-t~ ~ . Name M/ttJ~ Title "' Best Western Country Inn Business Name r - ( b-DS:- Date ) '---" 26790 Ynez Court. Teme,ul;], CA 91591 . 1951) 676-5090' Fa>1951 ) 69+0201 . www.Telllcculac\'b.coll1 . TEMECULA VALLEY ---- --.... Convelltion and Visitors Bureau -W7/e" lQU \'\il1lt To Be... Tml<cula Valley" () The Honorable Jeff Comerchero Mayor. City ofTemecula And Mayor Pro Tern, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 ., Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tern Roberts and City Council Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to form the Temecula Valley Tourism Business Improvement District ("TYfBID") pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. to fund tourism promotions and marketing programs for the Temecula Valley tourism industry. ( ) We support a 2% assessment fee that shall be added to our guest folios, as detailedby the TVTBID. The funds raised shall be soent within the boundaries of the TYfBID on marketinQ and oromotions to increase tourism and market the Temecula Vallev area as a tourist and meetinq destination. find below the signature of our support --, IV'1 r,~ _.0.../ i f' tC-c,~..4,'V1 L 0....~~./ Tme' - '1 j /16(-U...~ Date Rodewav Inn Business Name \) ..... 26790Ynez Court' Temecul3. C\ 92591 " (951) 676.5090 . Fa~ (951) 694~0201 . ,>^m:Temeculacyb.com 'ROM :1-l91tda\j InnExpress Goodyear FAX NO. : 6235350950 Sep. 15 20111S 06: 24PM I-'~ I i I [ i I I I I TEMECULA VALLEY --- ~. ~ C,mvention af!tl Visitors Bureau "Wh'J"" You W'lTI\ 7b Ik.. T"""cula Va/lty" We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTB'D. The funds raiSed shall be soent within the boundaries of the lVTBlD on marketinq and oremotions to increase tourism and market l~ Temecula Vallev area as a tourist and meetina destination. I I I I i' I I I I As a lOdging partner of the City of TemecuIa, we sUpport lhe Temecula Valley I Convention and Visitors Bureau and the City of Temecula to begin the process to i form the Temecula Valley Tourism Business ImprOvement District C'TVTBID'1 i pursuant to the Parking and Business Improvement Area Law of 1989, Streets i , and Highways Code Section 36500 et sea. to fund tourism promotions and I marketing programs for the Temecula Valley tourism industry. i i I , i I I I The Honorab1e Jeff Comerchero Mayor, City ofTemecula And Mayor Pro Tem, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Bear Mayor Comerchero, Mayor Pro T em Roberts and City Council Members; ') Please find below the signature of Our support; JyMi ~~t.-I/J- M1\.2.fL Name ) ---' 1 I I I I I I I \ I . .. " . . . 2G790 Yno. COLrrl . Ternecul~, CA 92591 . (95 I) 676-5090 . F~x (95 I) 691-0201 . >IMIW.Ten~cubrcvb.c<1m : .. J? , . Comfort Inn T emecula Business Name q,llf.O:S Tille Date TEMECULA VALLEY --.... ---- COllverztion and Visitors Bureau .'Wilm You \<\.imi To B~...Telllet'llla Hllil!!!" () The Honorable Jeff Comerchero Mayor, City ofTemecura And Mayor Pro Tern, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula. CA 92589-9033 Dear Maypr Comerchero, Mayor Pro Tern Roberts and City Council Members: As a lodgmg partner of the City ofTemecula, we support the Temecula Valley . Convention and Visitors Bureau and the City of Temeculato begin the process to form the Temecula Valley Tourism Business Improvement District ("lVTBIO") pursuant to tlJe Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seo. to fund tourism promotions and marketing programs for the Temecula Valley tourism industry. ( ) We support a 2% assessment fee that shall be added to our 9uest folios, as detailed by the 1VTBID. The funds raised shall be spent within the boundaries of the lVTBID on marketinQ and promotions to increase tourism and market the Temecula Vallev area as a tourist and meetiJlQ destination. Please finp below the signature of our support: Bltqrh" pqr~ Name ~ fc;.!/ Rancho California Inn Business Name /I't c, Vl"'~ r. Title "f- IS - ,2{x.JT Date (,-) . 26790 Ynez C,)url . Temecul.. CA 92591 . i951, 676-5090 . Fa.< (95 I) 69+020 I . m",.TemcculaC\b.com ~J 'J ) ~, TEMECULA VALLEY --.... ---- Convention and Visitors Bureau '/{'\'Jlt"J"e lou V\o~wt Tv Be...Tel111'culn Valley". . The Honorable Jeff Comerchero Mayor, City of Temecula . . And Mayor Pro Tem, Ron Roberts And Temecula City Council Members 43200 Business Park Drive . P.O. Box 9033 T emecula, CA 92589-9033 Dear Mayor Comerchero, Mflyor Pro Tem Roberts and City Council Members: As a lodging partner of the City ofTemecula, we support the Temecula Valley Convention and Visitors Bureau and the.City of Temecula to begin the process to fonn the Temecula Valley Tourism Business Improvement District ("1YTBID") pursuant to the Parking and ,Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et sea. to fund tourism promotions and marketing programs for the Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketinq and promotions to increase tourism and market the Temecula Valley area as a tourist and meetinq destination. Please find below the signature of our support: lv7/k~ L Ill:> Name .~ .bcJ-n (Jlj /NER Title Ramada Inn Business Name U'1-/5"- OJ) Date .,26790 Ynez. Courl . Temccub. C-\ 92591.[951) 676-5090. Fa\ (;)51) 69+010 I . Imw.Tell1eculac\'b.com , TEMECULA VALLEY -- --........ Convention and Visitors Bureau '''~rh~rt' !cn 1,Vlilli To Be...Temecul" Vlille!;"~ () The Honorable Jeff Comerchero Mayor, City ofTemecula And Mayor Pro Tem, Ron Roberts And T emecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tem Robeds and City Council Members: As a lodging partner of the City of T emecula, we 'support the -Temecula Valley Convention and Visitors Bureau and the City of Temecufa to begin the process to form the Temecula Valley Tourism Business Improvement District ("lVTBID") pursuant to the Parking and Business Improvememt Area Law of 1989, Streets and Highways Code SecUon 36500 et SeQ. to fund tourism promotions and marketing programs for the T emecula Valley tourism industry. ( ) We support a 2% assessment fee that shall be added to our guest folios, as. detailed by thelVTBID. The funds raised shall be soent within the boundaries of the lVTBID on marketinq and promotions to increase tourism and market the Temecula Vallev area as a tourist and meetinQ destination. Dq. /0. b~ i)0.fk C{'-f.', k. Title Motel 6 Business Name 09. ilo. oC; Date ( ) ,_/ 267?O Ynel: COur! . Temecul3. c.... 92591 . 1951) 676-5090 . FaA (951) 69~-020 I . ,,,m:TcmeculaCl'D.com . . ,r " TEMECULA VALLEY ---- --....... ') Convention and Visitors Bureau "l-Vl'l!fl! 10ft \-\;/lnf TO' Be... Temealla llalley" The Honorable Jeff Comerchero Mayor, City of Temecula And Mayor Pro Tern, Ron Roberts And Temecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mayor Comerchero, Mayor Pro Tern Roberts and City C~uncil Members: As a lodging partner of the City of Temecula, we support the Temecula Valley Convention and Visitors Bureau and the City of Temecula to begin the process to fonn the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989'oStreets and Highways Code Section 36500 et seq. to fund tourism promotions and J. marketing programs for Ihe Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVfElID. The funds raised shall be soent within the boundaries of the TVTBID on marketinq and promotions to increase tourism and market the Temecula Vallev area as a tourist and meetino destination. .. I ,~ ," il( , .u. " .:. \ i ,-', 1{1f~1 O? r:.., I( i'^\l-, Name Palomar Hotel Business. Name ;::-1-IS-0S Date ..~. 26790 Ynez Court. Tem<(ul", C\ 92591 ; (951) 676-5090 . Fax 195 [) 69-1-010! . m,w.Temewlacl'o.com 16 ~ TEMECULA VALLEY --..... ---- COllven riol! and Visitors Bureau "Wllll~ jillt Wan! To !k..Tflllwlla Hilley" The Honorable Jeff Ccimerchero Mayor, City of Temecula And Mayor Pro Tem, Ron Roberts And T emecula City Council Members 43200 Business Park Drive P.O. Box 9033 Temecula. CA 92589-9033 Supervisor Jeff Stone Riverside County Supervisor Third District 4080 Lemon Street 5th FL Riverside, CA 92501 Dear Mayor Comerchero, Mayor Pm Tem Roberts and City Council MEjmbers and County Supervisor Jeff Stone: ' As a lodging partner of the City of Temecula, we support the Temecula.Valley Convention and Visitors Bureau and the City of Temecula to begin the process to . form the Temecula Valley Tourism Business Improvement District ("TVTBID") pursuant to the Parking and Business Improvement Area Law of 1989. Streets and Highways Code Section 36500 et sea. to fund tourism promotions and marketing programs for the Temecula Valley tourism industry. We support a 2% assessment fee that shall be added to our guest folios, as detailed by the TVTBID. The funds raised shall be spent within the boundaries of the TVTBID on marketinq and promotidns to increase tourism and market the Temecula Vallev area as a tourist and meetinq destination. low the signature of our support <".:;I T/'.af Na ignature Tille South Coast Winery Resort & Spa Business Name ::-> ..- L-/ / ,..,., ( / b -L./...... Date ~6no Ynez Courl . Temecula. CA 9259! . i951) 676-5090' Fa.\ 195/) 694-020 I . I>"w.Temecula,,'b.com (j ( ) CJ ~. , :" -; . "-. .,~. ". "~ ...... ~ ....:. /' 1;.,'<"..... :;' .'" /. \ ' ..". ~j"' " .... ~ . . ~..~.. . '.:.!Q-..' ....j.'':',>. J ,~':'J~ .. r~ ~. . .' 1 ~ I .~ ~ \) , \ \ '. \ ~ ';! r \ \ -. .. \ ~ ~ \ , , \ 'i ,- .,,\ . \\ "',\ "\ i I ..... "'. ,-..... ~, ..,..,.. ,.~ .'1 ,. \ U .. . "\ . \." . 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'. i ~. z -Ill -.... ~ !! o Fiscal Year 2006-2007 Service Pkm Budget Summary The summary of the fiscal year 2006-2007 service plan budget for the Temecula Valley Tourism BID is provided on the fonowing pages. The total improvement and service plan budget for 2006-2007 is projected at approximately $455,000. Lodging business owners will contribute the enUre amount through annual assessments. Expenditures will be made in lhe following program areas: Markedng-Promotion5 The budget for the Marketing-Promotions is $364,000 or 80% of the total District budget. Administration The budget for administration including labor, office rent, insurance, utilities, supplies, and advocacy is $68,000 or 15% of the budget. ContiDgency/ TBID Renewal The budget for fees, legal and TID renewal $23,000 or 5% of the budget. A service plan budget has been developed in conjunction with lodging business stakeholde(lS to deliver service levels throughout the District. An annual service plan and budget will be developed and approved by the District. Please see the budget exlubit on the following page. The budget also includes a portion for contingencies and renewal of the District. Should the Temecula Valley TBID Board approve, funds may be appropriated for the renewal effort. If there are funds remaining at the end of the District term and owners choose to renew again, these remaining funds could be transferred to the tenewed District. . TemecuJa Valley Tourism Business Iniprovement District 19 CJ ( ) () '-'- ~ The Bllogel fOr 11M J mice P 1011 is us illurtruted: Temecula Valley Tourism BID Annual Budget, Year One-draft ~) Total $455,000 ,.) Tem<<ola Valley Tourism Business Impr..ement.District 20, -.'} ) "Cl ~ ::I]~ ~u C ~- ~ ~ 01'- <=..?; '" Ou .... ..;:::.... SOl" ..... 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Ei po ...c:l_'" d ~~ :::s ~ /U - 0 ~ l:l_:ale:? ;:::U ~..., iEg ~~ ..!a ~ 4,) ~ .8 G) e- o ~ ITEM NO. 23 Approvals City Attorney Director of Finance City Manager ft"("" 4tl qtJ (! CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: December 13, 2005 SUBJECT: Continuation of Temecula Regional Hosp~al Public Hearing PREPARED BY: Emery J. Papp, AICP, Senior Planner RECOMMENDATION: Thatthe City Council approve a requestto continue the Public Hearing for the Temecula Regional Hospital Project to the C~y Council Meeting of January 24, 200S. BACKGROUND: A Public Hearing was held before the Planning Commission on November 1S, 2005 to present the project and to receive written and oral testimony concerning the project. The State CEQA Guidelines require that the City respond to comment letters provided by reviewing agencies and provide written responses to these comments to agencies a minimum often days prior to certifying an EIR for the project. Agencies have received written responses to comments, however, staff was not able to provide written responses to general public comments prior to the Planning Commission hearing on November 1S, 2005. At the conclusion of the presentation of the staff report of record and public testimony, the Planning Commission determined that it would be prudent to review the responses to all of the comment letters prior to making a recommendation to the City Council. The Planning Commission moved to continue the Public Hearing to a meeting to be held on December 7, 2005. Due to the volume of comments received by the general public, at this time staff has not completed the response to comments and recommends that the City Council open the public hearing and continue the hearing to the City Council meeting of January 24, 200S, allowing the Planning Commission to fully review the responses to general public comments and provide a recommendation to the C~y Council at the January 4, 200S Planning Commission Hearing. FISCAL IMPACT: None ATTACHMENTS: None