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HomeMy WebLinkAbout041106 CC Agenda In compliance with the Americans vvith 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 ",II enable the City to make reasonable arranQements to ensure accessibility to that meetinQ r28 CFR 35.102.35.104 ADA Title III AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 11, 2006 -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 meetin~. All meetin~s are scheduled to end at 10:00 P.M. Next in Order: Ordinance: 06-05 Resolution: 06-33 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Eve Craig Invocation: Pastor Wells of Mountainview Community Church Flag Salute: Cub Scout Pack #369 ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTA TIONS/PROCLAMA TIONS National Crime Victims Riahts Week Proclamation Arrow of Liaht Certificates Proclamation honorina Marine Coros Lt. Col. John Randall III Retirement 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 Adootion Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 21, 2006. 3 Resolution Aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 06- 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 Reoort as of Februarv 28. 2006 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of February 28, 2006. 2 5 First Amendment to Professional Consultant Services Aareement for NPDES Permit Plan 9heck and Insoection Services RECOMMENDATION: 5.1 Approve the First Amendment to the Professional Consultant Services Agreement with AEI-CASC Engineering for Plancheck and Inspection Services required by the City's NPDES permit in the amount of $25,000, and authorize the Mayor to execute the amendment. 6 Contract Aareement for Traffic Sianal Timina Evaluation and Coordination - Winchester Road. Rancho California Road. and 79 South RECOMMENDATION: 6.1 Approve a Contract with Republic Electric in the amount of $60,000 for traffic signal timing evaluation and coordination for Winchester Road, Rancho California Road, and 79 South and authorize the Mayor to execute the contract; 6.2 Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $6,000, which is equal to 10% of the contract amount. 7 Professional Services Aareement for Bridae Insoections - Rorioauah Ranch Butterfield Staae Road bridaes over Lona Vallev Wash and over Santa Gertrudis Creek RECOMMENDATION: 7.1 Approve the Professional Services Agreement for Bridge Inspections of the Roripaugh Ranch Butterfield Stage Road bridges over Long Valley Wash and over Santa Gertrudis Creek with TY Lin International in the amount of $150,000 and authorize the Mayor to execute the agreement; 7.2 Authorize the City Manager to approve Extrawork Authorizations not to exceed the contingency amount of $15,000, which is equal to 10% of the agreement. 8 TUMF Reimbursement Aareement - French Vallev Parkwav RECOMMENDATION: 8.1 Approve the model agreement in the amount of $7,517,000 for the Funding of TUMF Regional Arterial Improvements between the Riverside County Transportation Commission (RCTC) and the City of Temecula for the French Valley Parkway 1-15 Overcrossing and Interchange Project in substantially the same format as attached, and authorize the City Manager to execute the final agreement in substantially the same format as attached. 3 9 Completion and Acceotance of the Construction Contract for the Winchester Road Widenina at Jefferson Avenue. Proiect No. PWOO-27 9.1 Accept the project, Winchester Road Widening at Jefferson Avenue, Project No. PWOO-27 as complete; 9.2 Accept the new improvements into the City-maintained street system; 9.3 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; 9.4 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 10 Comoletion and Acceotance of the Rainbow Canvon Guardrail Installation and Reolacement. Proiect No. PW02-18 Federal Proiect No. STPLHG-5459(016) RECOMMENDATION: 10.1 Accept the construction of the Rainbow Canyon Guardrail Installation and Replacement, Project No. PW02-18, as complete; 10.2 Accept the new improvements into the City maintained street system; 10.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 10.4 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. 11 Second Readina of Ordinance No. 06-04 RECOMMENDATION: 11.1 Adopt an Ordinance entitled: ORDINANCE NO. 06-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.08 OF THE TEMECULA MUNICIPAL CODE AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ESTABLISHING PROCEDURES FOR THE APPROVAL AND COLLECTION OF THE TRANSPORTATION UNIFORM MITIGATION FEE ******'14 _" RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 06-01 Resolution: No. CSD 06-06 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 12 Minutes RECOMMENDATION: 12.1 Approve the minutes of March 21, 2006; 12.2 Approve the minutes of March 28, 2006. 13 Comoletion and Acceotance for the Patricia H. Birdsall Soorts Comolex Svnthetic Turf - Proiect No. PW01-17CSD RECOMMENDATION: 13.1 Accept the project, Patricia H. Birdsall Sports Complex Synthetic Turf - Project No. PW01-17CSD - Turf as complete; 13.2 File the Notice of Completion, release the Performance Bond, and accept a one- year Maintenance Bond; 5 13.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 14 Acceptance of a Storm Drain Construction and Maintenance Easement Deed alona Maraarita Road within the Harveston Development RECOMMENDATION: 14.1 Accept the Storm Drain Construction and Maintenance Easement Deed and the Parkland/Landscape Faithful Performance Bond and authorize the City Clerk to record the easement document. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER'S REPORT CSD BOARD OF DIRECTORS' REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 25, 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. 6 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 06-01 Resolution: No. RDA 06-04 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL AGENCY MEMBERS: Edwards, Comerchero, Roberts, Washington, Naggar 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 15 Minutes RECOMMENDATION: 15.1 Approve the minutes of March 21, 2006; 16 Award the Construction Contract and Approval of a Soil Excavation and Temporarv Entrv Aareement with the Rancho California Water District for the Temecula Education Center Rouah Gradina - Proiect No. PW06-03 RECOMMENDATION: 16.1 Award a construction contract for the Temecula Education Center Rough Grading - Project No. PW06-03, - to Yeager Skanska, Inc. in the amount of $3,155,810 and authorize the Agency Chairperson to execute the contract; 16.2 Authorize the Executive Director to approve change orders not to exceed the contingency amount of $315,581, which is equal to 10% of the contract amount; 7 16.3 Approve an appropriation of $730,000 and $270,000 ($1,000,000 total) for the Temecula Education Center Rough Grading Project No. PW 06-03 from Developer Reimbursables and Reimbursement from the Rancho California Water District (RCWD), respectively; 16.4 Establish estimated revenues for the Temecula Rough Grading Project No. PW 06- 03 in the amount of $730,000 and $270,000 ($1,000,000 total) for Developer Reimbursables and for Reimbursement from RCWD, respectively; 16.5 Approve an advance of $1 ,000,000 from Redevelopment Agency Affordable Housing Funds to the Temecula Education Center Rough Grading Project No. PW 06-03; 16.6 Approve a Soil Excavation and Temporary Entry Agreement with the Rancho California Water District, and authorize the Executive Director to execute the Agreement. RDA EXECUTIVE DIRECTOR'S REPORT RDA AGENCY MEMBERS' REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, April 25, 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 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. 17 Appeal of three Conditions of Approval for PA05-0064 - A Comprehensive Sian Proaram for the Maraarita Crossinas Shoppina Center RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF THREE CONDITIONS OF APPROVAL FOR PA05-0064 - A COMPREHENSIVE SIGN PROGRAM FOR THE MARGARITA CROSSINGS SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE COUNCIL BUSINESS 18 Appointment of Members to Ad-Hoc Subcommittee for Issues Reaardina the Consolidation of Macv's and the Robinsons-Mav at the Promenade Mall RECOMMENDATION: 18.1 Appoint an ad-hoc subcommittee to provide direction as issues arise regarding consolidation of Macy's and the Robinsons-May at the Promenade Mall. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, April 25, 2006 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. 9 PROCLAMA TIONS AND PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, Families and Friends of Murder Victims is a non-profit organization founded with the sole purpose of helping those who have been victims of crime; and WHEREAS, this annual commemoration promotes victim's rights and services in all sectors of our society; and WHEREAS, communities all across the United States will join together this week to commemorate the Silver Anniversary of National Crime Victims' Right Week and to honor victims and survivors and those who serve them; and WHEREAS, every time we serve victims and survivors of crime, we are also serving justice; and WHEREAS, this week, as we pay tribute to crime victims and all those who dedicate their lives to helping them, our shared challenge is to realize that justice isn't served until crime victims are; and NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council ofthe City of Temecula, hereby proclaim April 23rd through April 29th, 2006, as "National Crime Victims' Rights Week" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 11 th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Paul Diaz and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Kyle Ruhe and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Brett M. Goodrich and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Justin Richard Harvey and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Kevin Joseph Lobb and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Richard A. Pytak and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Jake Shelley and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Bryce A. Rollins and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of James Roberts and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Michael H. Whaling and joins with Cub Scout Pack #369 in congratulating him for attaining Cub Scouting's highest award, Arrow of Light. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 11th day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, John Albert Randall III was born December 2,1951; and WHEREAS, John has served in the United States Marine Corps from 1977to present. John has earned a Bachelor of Arts Degree, two Masters Degrees, multiple college credentials, and is currently pursuing a Doctorate in Education Degree; and WHEREAS, John was commissioned as 2nd Lieutenant on April 1, 1978 and was later promoted to Lieutenant Colonel. He completed numerous training courses throughout his career; and WHEREAS, Lieutenant Colonel Randall spent many years serving overseas. Upon his return to the States, he was stationed at Camp Pendleton from April 1980 until leaving active duty in July 1981. He joined the Marine Corps Reserves in 1982 and has continued to support Marine Corp activities. He was recalled to Active Duty during Desert Shield and Desert Storm in 1990 and Operation Enduring Iraqi Freedom in 2002; and WHEREAS, John received many awards throughout his life. He was awarded the second Military Outstanding Volunteer Service Medal twice by the Marine Corps for volunteer work with the Temecula Valley High School ~ Golden Valley Regiment Marching Band. He received the Meritorious Service Medal, Global War on Terrorism Service Medal, and the National Defense Medal, along with several other medals during the time periods of active duty; and WHEREAS, John has been active in many community organizations in Temecula. He was Cubmaster for Cub Scout Pack 301, served as 2nd Vice Commander for the American Legion Post 852, is a member of the Arts Council and Historical Society, and has sponsored several community projects. NOW, THEREFORE, I, Ron Roberts, on behalf ofthe City Council ofthe City of Temecula, hereby honor Lieutenant Colonel Randall on his retirement from the United States Marine Corps and we want to express our deep gratitude for his service to our Country and to the City of Temecula. We would also like to commend him on his many achievements and wish him the best of luck in his future endeavors. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal ofthe City of Temecula to be affixed this U'h day of April, 2006. Ron Roberts, Mayor Susan W. Jones, MMC, City Clerk I~-- . , II ITEM NO.1 II , II - . . . I I II II __. . I I~-- . , II ITEM NO.2 II , II - . . . I I II II __. . I MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 21, 2006 The City Council commenced its regular meeting at 7:00 P.M., on Tuesday, March 21, 2006, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California, was convened. Present: 5 Council Members: Comerchero, Edwards, Naggar, Washington, and Roberts Absent: o Council Members: None PRELUDE MUSIC The prelude music was provided by Eve Craig INVOCATION The invocation was given by Gary Nelson of Calvary Chapel of Temecula PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Washington PRESENTA TIONS/PROCLAMA TIONS Presentation of Sponsorship Checks to students travelina to Sister Citv Netherlands Commenting on the life-long relationships and the exchanges of ideas the City has experienced with its Sister Cities, Mayor Roberts introduced the students traveling to Leidschendam- Voorburg, Netherlands and presented each student with a $200 check. D Brent Wyman D Brittany Easterwood D Leslie Kaw D Joann Weersing D Brittany Dismukes D Annalice Heinz D Alit Adkins D Michele Sadler D Dana Kiel D Jacqueline Anderson D Kathryn Pratt The above-mentioned students thanked the City Council for the contribution. R:\Minutes\032106 Certificates of Achievement to the Ladv Hooos Basketball Team Mayor Roberts congratulated the following players for their accomplishments and efforts in leading the Temecula Lady Hoops 6th Grade Basketball Team to victory: D Mike Pino, Coach D Hazel Martinez, Assistant Coach D Alesia Lowery D Christina Johnson D Carly Bauer D Kaitlin Mathewson D Cassie Davis D Taelor Shoemaker D Ariana Wilson D Jessica Pino PUBLIC COMMENTS A. Ms. Suzanne Zychowicz, Temecula, formally requested that the City Council consider the following: D That the City Council not consider, as requested by the Meadowview Association, the erection of a wall on Kahwea Road, advising that a wall would create a hazardous situation D That the City Council not consider the installation of a community park on North General Kearny Road and Nada Lane, as requested by the Meadowview Association D That the City Council consider opening closed streets and the completion of North General Kearny Road D That the City Council consider ingress and egress routes -- one-way in or out of the Meadowviewarea D That the City Council consider one-way traffic flow on Del Rey Road and Via Norte; and that parking zones, curbs, and new roadways along public utility right- of-way and lighting be considered D That the City Council consider the implementation of a community task force. B. Mr. Clif Hewlett, Temecula, representing Save our Southwestern Hills, expressed his opposition to the granite quarry project along the southern border of Temecula Valley, Riverside, and San Diego County; requested that the City Council oppose the project; and advised of a rally from Temecula High School to Ronald Reagan Sports Park on Sunday, May 7, 2006. R:\Minutes\032106 2 C. Mr. Mike Kuhn, Temecula, publicly apologized to Council Member Naggar for a comment that he had made at an earlier City Council meeting with regard to North General Kearney. Mr. Mike Kuhn requested that the City Council perform a traffic study including east to west streets between Winchester Road and Rancho California Road. CITY COUNCIL REPORTS A. Council Member Edwards informed that on March 20, 2006, Assistant City Manager O'Grady and she had an opportunity to attend a meeting at Sunrise Power Lake and advised of a new technology that will supply energy to San Diego County. Council Member Edwards requested that staff to provide an update with regard to the new 911 system and stated that the public may view City Council meetings live at KZSWTV.com. B. Referencing a recent car accident in the Meadowview area which resulted in a death, Mayor Pro Tem Washington noted the importance of keeping neighborhoods safe. Referencing a previously made comment with regard to the Roripaugh project, Mayor Pro Tem Washington clarified that Council action taken at the February 28, 2006, City Council meeting, pertained to the sale of bonds which will be utilized for needed infrastructure for the Roripaugh Ranch project. C. Commenting on the future state-of-the-art Temecula Library, Council Member Naggar requested that staff agendize discussion of the Child Internet Protection Act. Referencing a comment made by Mayor Pro Tem Washington regarding Roripaugh, Council Member Naggar noted that the bond sale will allocate $42 million toward infrastructure; that the fire station would be nearing its completion; and encouraged individuals to read the Growth Management Plan, written in March, 2000, which may be found on the City's internet. D. Council Member Comerchero noted that the City has seriously addressed trafficlinfrastructure issues and that he would not approve any new development without the implementation of infrastructure. Referencing a comment made by Council Member Edwards, Mr. Comerchero concurred with requesting a 911 system update including the addition of recommendations to improve the system. Council Member Comerchero apprised the public of a new book called Temecu/a, advising that it would be a pictorial history of Temecula along with commentaries dating back to the mid 1800's, noting that more information regarding the book may be found at www.vailranch.com. On behalf of the City Council, Council Member Comerchero gave condolences to the family of Mr. Bob Burns, who recently passed away. R:\Minutes\032106 3 CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of February 14, 2006; 2.2 Approve the minutes of February 28, 2006. 3 Resolution approvina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 06-25 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 Januarv 31. 200q RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of January 31, 2006. 5 Police Department OTS Seatbelt Mini Grant Fundina RECOMMENDATION: 5.1 Increase estimated General Fund Grant Revenue by $24,256; 5.2 Appropriate $24,256 from General Fund Grant Revenue to the Police Department. 6 Resolution Chanaina the Time of Plannina Commission Meetinas RECOMMENDATION: 6.1 Adopt a resolution entitled: R:\Minutes\032106 4 RESOLUTION NO. 06-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN AMENDED MEETING TIME FOR THE CITY OF TEMECULA PLANNING COMMISSION 7 ,second Amendment to the Professional Services Aareement for Geotechnical and Materials Testina Services with EnGEN Corooration for Various Capital Improvement Proiects for FY2005-2006 RECOMMENDATION: 7.1 Approve the Second Amendment to the Fiscal Year 2005-2006 Professional Services Agreement with EnGEN Corporation in the amount of $25,000.00 to provide as needed geotechnical and material testing services and authorize the Mayor to execute the amendment. 8 )/Vestern Bvpass Corridor - Phase I Alianment Studv. Proiect No. PW05-10 RECOMMENDATION: 8.1 Approve an agreement with URS Corporation to provide professional engineering services by doing a specific alignment study and determination for the Western Bypass Corridor - Phase I Alignment Study - Project PW05-10 - in an amount not to exceed $265,180.00, and authorize the Mayor to execute the agreement; 8.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $26,518.00, which is equal to 10% of the agreement amount. 9 Award the Construction Contract for Proiect No. PW06-01 - Slurrv Seal Proiect FY2005- 2006. Redhawk Area RECOMMENDATION: 9.1 Award a construction contract for Project No. PW06-01- Slurry Seal Project FY 2005-2006 - Redhawk Area - to All American Asphalt in the amount of $563,690.50 and authorize the Mayor to execute the contract; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $56,369.05, which is equal to 10% of the contract amount. 10 Award the Construction Contract for Proiect No. PW06-02 - CitYWide Concrete Repairs Fiscal Year 2005-2006 RECOMMENDATION: 10.1 Award a construction contract for Project No. PW06-02 - Citywide Concrete Repairs Fiscal Year 2005-2006 - to S. Parker Engineering, Inc. in the amount of $ 95,257.50 and authorize the Mayor to execute the contract; R:\Minutes\032106 5 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $ 9,525.75, which is equal to 10% of the contract amount. 11 Comqletion and Acceptance of Construction Contract Pechanaa Parkwav Phase liB Storm Drain Improvements - Wolf Vallev Creek Channel - Staae 2. Proiect No. PW99-11 CH RECOMMENDATION: 11.1 Accept the Pechanga Parkway Phase liB Storm Drain Improvements Project - Wolf Valley Creek Channel- Stage 2 - Project No. PW99-11 CH as complete; 11.2 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; 11.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 12 Completion and Acceptance of the Construction Contract for the Rancho California Road Bridae Widenina over Murrieta Creek - Proiect No. PW99-18 RECOMMENDATION: 12.1 Accept the Rancho California Road Bridge Widening over Murrieta Creek Project - Project No. PW99-18 - 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 Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 13 Completion and Acceptance of Construction Contract Traffic Sianallnstallation at Route 79 South and County Glen Wav - Proiect No. PW04-09 RECOMMENDATION: 13.1 Accept the Traffic Signal Installation Project at Route 79 South and Country Glen Way - Project No. PW04-09 - as complete; 13.2 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; 13.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. R:\Minutes\032106 6 14 A~proval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Rancho California Road Median Modifications between Interstate 15 and Ynez Road- Proiect No. PW05-04 RECOMMENDATION: 14.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Rancho California Road Median Modifications between Interstate 15 and Ynez Road - Project No. PW05-04. 15 Acceptance of Quitclaim Deeds - Vail Ranch Parks and Open Space RECOMMENDATION: 15.1 Accept the six Quitclaim Deeds for Vail Ranch Parks and Open Space and authorize the City Clerk to record the documents. MOTION: Mayor Pro Tem Washington moved to approve the Consent Calendar. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. At 7:40 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:42 P.M., the City Council resumed with regular business. PUBLIC HEARING 20 Appeal of Plannina Commission Approval of Plannina Application Nos. PA04-0490 throuah PA04-0492 for site development and construction of 428 residential units on 36.19 acres of a 47.72 acre site located at the northeastern corner of Loma Linda Road and Temecula Lane RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 06-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF THE PLANNING COMMISSION APPROVAL OF PLANNING APPLICATION NO. PA04-0490, VESTING TENTATIVE TRACT MAP; PA04-0491, CONDITIONAL USE PERMIT; AND PA04-0492, DEVELOPMENT PLAN (PRODUCT REVIEW) FOR THE DEVELOPMENT OF 96 SINGLE-FAMILY UNITS, 96 TRI-PLEX UNITS, AND 236 FOUR-PLEX UNITS (428 TOTAL UNITS) LOCATED AT THE NORTHEASTERN CORNER OF LOMA LINDA ROAD AND TEMECULA LANE City Attorney Thorson stated that due to a business relationship with D.R. Horton Continental through Rancon, Council Member Comerchero would not be participating in tonight's public hearing, (Item No. 20). It was also stated by City Attorney Thorson that due to her employer having a business relationship with the owner of the proposed property, Council Member Edwards would also not be participating in the public hearing. R:\Minutes\032106 7 City Attorney Thorson relayed that although Council Member Naggar did not participate in the public hearing of March 22, 2005, due to a working relationship with D.R. Horton, he has not received any income from that assignment in the past 12 months; and that, therefore, under the Political Reform Act, he would be entitled to participate in tonight's hearing. On a procedural note, City Attorney Thorson advised that the Temecula Zoning Code would limit the scope of tonight's appeal to only those matters raised in the appeal filed by Mr. Mark Broderick; that a copy of his appeal has been included in the agenda packets; and that Mr. Broderick's appeal would not be whether or not to construct the project but where to locate a future roadway corridor connecting ultimately to Avenida De Missiones; whether Loma Linda Road should be a four-way roadway from Pechanga Parkway to Redwood Road; whether the future roadway should be a four-lane roadway from the intersection of Loma Linda Road and Redwood Road to Temecula Creek; and that, therefore, these traffic issues would be the only items concerning the project that the Council may consider during the appeal hearing. Director of Planning Ubnoske presented the City Council with a staff report (of written material). By way of overheads, Director of Public Works presented a report on the appeal (of written material), describing the process of how average daily trips are estimated. Referencing traffic impact fees, Mr. Hughes stated that the proposed project would be conditioned, as most projects are, to complete its frontage improvements along the project area; that the first phase would complete its improvements to Pechanga Parkway; that the applicant will be paying traffic impact fees and traffic signal fees; that the applicant will be paying for other improvements in the area that will help to mitigate its impacts; and that staff would be confident that the developer will be mitigating all the impacts of the project. Mr. Hughes stated that the proposed project will not exceed the Level of Service (LOS) D requirement of the City's General Plan. In response to Council Member Naggar, Director of Public Works Hughes noted the following: D That the roads for this project will be required to be built concurrently with the development; D That no construction schedule has been set for the future crossing of Temecula Creek at Avenida De Missiones D That the future construction of a crossing will be listed in the Capital Improvement Project (CIP) as a future project D That Redwood Road will be constructed with the Wolf Creek project; that the improvements along the southern half of Loma Linda Road will be completed at this point in time D That the Pechanga Parkway widening construction will commence in the near future D That trips related to Pechanga Casino will not be affecting Loma Linda Road D That residents would likely travel the Via Del Coronado to Via Cordova route to avoid Pechanga Parkway. At this time, the public hearing was opened. R:\Minutes\032106 8 A. Mr. Mark Broderick, Temecula, appellant for the proposed project, provided the City Council with a report (of written material) regarding traffic safety issues, highlighting the following concerns: D That there would be a concern with the location of the future roadway corridor connecting ultimately to Avenida De Missiones D That whether or not Loma Linda Road should be a four-way roadway from Pechanga Parkway to Redwood Road D That that whether the future roadway should be a four-lane roadway from the intersection of Loma Linda Road and Redwood Road to Temecula Creek. B. Mr. Patrick Fay, Temecula, relayed his concern with the crossing of Loma Linda Road and Via Del Coronado. C. Concurring with Public Works Director Hughes, Mr. Larry Markham, representing D.R. Horton Continental, noted the following: D That the applicant has met with the Temecula Unified Valley School District and that the District is aware of the need for the additional right-of-way which would eliminate some of the landscaping at the corner of the school's parking-lot area D That the School District would be opposed to a potential change to the circulation element to Redwood Road as proposed in the appeal D That the safety issues brought up by Mr. Broderick with regard to liquefaction were adequately addressed in the California Environmental Quality Act (CEQA) document through special studies that were approved by the Planning Department D That the applicant would be bound to comply with the General Plan and that any changes made by the applicant would result in the project being out of compliance with the City's General Plan, which was adopted in 2005 D That the proposed project, as stated by the Director of Public Works, would decrease the average daily trips to a lower level than what would have been anticipated in the General Plan, pursuant to the Professional Office designation; and that the project will meet and/or exceed the Level of Service criteria D That the applicant would be of the opinion that all criteria have been met or exceeded. D That the applicant would respectfully request that the City Council denv the appeal and uphold the Planning Commission's recommendation. In response to Council Member Naggar's question, Mr. Markham stated that a traffic study was performed, which indicated that the bridge would not be needed to meet the Level of Service at any of the intersections within the parameters of the traffic study. At this time, the public hearing was closed. R:\Minutes\032106 9 Clarifying Council Member Naggar's query, Director of Public Works Hughes noted that at the time the project was being conditioned, it was staff's opinion that the lowering of trip generation and the contribution of dedications would be necessary for the 66-foot collector; that the applicant would not be receiving credits and would be paying its full traffic impact fees; that the completion of the bridge would be achieved through those fees; and that the applicant would be making a cash contribution towards the eventual construction of the bridge; and that the applicant has also been conditioned to ensure that the geometries could be made before the right-of-way was established. For the Council Members, Director of Public Works Hughes stated that the triggering mechanism to build a bridge would be the future degration of Pechanga Parkway; and that staff would be of the opinion that such a connection would not be anticipated for 10 years or more. Mayor Pro Tem Washington expressed concern with the bridge project being put on hold for 10 years and would be of the opinion that a projected date for the bridge project should be implemented. Referencing Mayor Pro Tem Washington's concern, Director of Public Works Hughes noted that if it were the desire of the City Council, more advanced, detailed studies could be completed and the bridge project may be programmed earlier in the Capital Improvement Program (CIP). Mr. Hughes also stated that there are numerous high-priority projects in the Capital Improvement Program; that staff would be of the opinion that there would be adequate capacity on Pechanga Parkway for at least 10 plus years; that having the project identified in the Capital Improvement Program would be keeping the bridge project on the radar screen; that staff would not wait until Pechanga Parkway were to fail before starting the process; and that traffic counts and updates are completed yearly to ensure efficient functioning. Mr. Hughes noted that the applicant's proposal would be in full compliance with the City's General Plan. Mayor Roberts queried if it were best to leave the bridge project in the CIP. Mr. Mark Broderick informed the City Council that he had contacted the School District and was informed that the District does not get involved in these matters and would not comment on the location of the road; that he would be hopeful that the City Council would consider the link at Via Del Coronado and the safety implications that it would have on the children in the area; and that he appreciated the time and effort given by staff with regard to his concerns. At this time, the public hearing was closed. Having had the opportunity to participate on the Citizens Advisory Committee along with Mr. Broderick, Mayor Pro Tem Washington expressed his appreciation to Mr. Broderick for his efforts. Ensuring the public that his number one priority would be the safety of the community, Mr. Washington advised that it would be his opinion that the project as proposed would be a safe configuration for the area. Echoing comments made by Mayor Pro Tem Washington, Council Member Naggar also relayed his appreciation for Mr. Broderick's participation with the Citizen Advisory Committee. After reviewing staff's report and its findings and understanding that the project will be in compliance of the City's General Plan, Council Member Naggar relayed his support of the project and, R:\Minutes\032106 10 therefore, expressed opposition to changing the configuration to the widening of the roads; and relayed concern with the future construction of a bridge but noted his preference that adequate funds be allocated for the future bridge project. Commending Mr. Mark Broderick on his efforts with the Citizen Advisory Committee, Mayor Roberts relayed his support of staff's findings but expressed concern with the future bridge project. Mayor Pro Tem Washington suggested that in the future, City Council and staff explore the bridge issues in more detail and decide whether or not the construction of a bridge will be needed, associated costs, existing contributions, and additionally needed funds. Council Member Naggar questioned the nexus between the proposed project and the future bridge project. In response to Council Member Naggar's query, Director of Public Works Hughes noted that if it had been zoned Office Professional (OP) or Commercial, there would have definitely been a nexus that could have been assigned to the project which would have resulted in the project participating with the bridge project; that as a result of the proposed project, 13,000 trips would be removed off these roadways in the immediate area; that it would be difficult for staff to draw a clear-cut nexus connection to the applicant building the bridge when traffic studies would demonstrate that its improvements on Loma Linda Road would more than adequately address it; impacts; and that the developer would also be paying the Development Impact Fees for traffic. Concurring with Public Works Director Public Works Director Hughes' comments, City Attorney Thorson noted that with regard to the future bridge project, which would be a regional improvement affecting many different areas, the Council may require the applicant to participate up to fair share; and that with payment of the Development Impact Fees (DIF) and dedication of the right-of-way leading up to the bridge, these items would be considered the applicant's fair share for the proposed project. In response to Council Member Naggar's question, Director of Public Works Hughes stated that another project has been proposed immediately west of Temecula Lane, by the same developer; that it would a similar use and would result in lowering projected future trips and that traffic counts (as per staff report) would represent the proposed project as well as the upcoming project. Director of Public Works Hughes stated that staff does support the Conditions of Approval; that the City Council may request that the frontage along the upcoming Temecula Lane project be added; but that in this case, staff considered a relief due to the fact that the frontage along the property would not lead anywhere. Mayor Pro Tem Washington expressed concern with the applicant not contributing to the frontage along the east side of the upcoming project. Director of Public Works Hughes reiterated that staff would be satisfied with approving the proposed project as written. R:\Minutes\032106 11 In response to City Manager Nelson's query, Director of Public Works Hughes noted that the Development Impact Fees collected for this project would almost entirely for the 66' right-of- way. For the City Council, City Manager Nelson noted the following: D That in terms of timing for the bridge project, because configuration and design work would not be known at this time, it would be preferable to collect the fees and defer any actual improvements until such time D That on an annual basis traffic counts would be administered to ensure that roadways are performing at Level of Service D That on an annual basis, the City Council would have the opportunity to look at the Capital Improvement Projects, examine traffic counts, and at such time as needed, staff would have the ability to begin the design work and establish and identify the resources to construct a bridge. MOTION: Mayor Roberts moved to uphold the approval and denv the appeal. Council Member Naggar seconded the motion and electronic vote reflected approval with the exception of Council Member Edwards and Council Member Comerchero who abstained. COUNCIL BUSINESS 21 Plannina Commission Appointment RECOMMENDATION: 21.1 Appoint an applicant to serve an un-expired term on the Planning Commission through June 15, 2008. MOTION: Council Member Naggar moved to appoint Carl Carrie to serve an un-expired term on the Planning Commission through June 15, 2008. Mayor Pro Tem Washington seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER'S REPORT No additional comments. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no actions to report from Closed Session. 30 Economic Development Department Monthlv Report 31 Plannina Department Monthlv Report R:\Minutes\032106 12 32 Police Department Monthlv Report 33 Buildina and Safetv Department Monthlv Report 34 Public Works Department Monthlv Report ADJOURNMENT At 9:28 P.M., the City Council meeting was formally adjourned to Tuesday, March 28, 2006, at 5:30 P.M., for a Closed Session with the regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk R:\Minutes\032106 13 I~-- . , II ITEM NO.3 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager pP<'" /JIL ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 11 , 2006 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Senior Accountant Reta Weston, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 06- 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 review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. Attachments: Resolution and List of Demands RESOLUTION NO. 06-_ 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 $3,646,513.37. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 11'h day of April, 2006. Ron Roberts, 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. 06-_ was duly and regularly adopted by the City Council of the City ofTemecula at a meeting thereof, held on the 11th day of April 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk 'Y OF TEMECULA ST OF DEMANDS 03/23/2006 03/30/2006 03/23/2006 TOTAL CHECK RUN: TOTAL CHECK RUN: TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 04/11/06 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 1001 140 1165 190 192 193 194 195 1196 210 280 300 310 320 330 340 I 1001 165 190 192 193 194 1196 280 300 320 330 340 GENERAL FUND COMMUNITY DEV BLOCK GRANT RDA LOW /MOD - 20% SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL R TCSD SERVICE LEVEL "L" LAKEPARKMAINT. CAPITAL IMPROVEMENT PROJECTS F1JND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES GENERAL FUND RDA LOW /MOD - 20% SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICELEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL "L" LAKEPARKMAINT. REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: $ $ $ 877,050.14 8,000.00 22,882.63 176,251.62 108.47 21,518.29 789.98 3,240.00 10,384.91 2,023,816.86 12,487.55 6,632.43 2,738.30 52,028.74 12,101.87 6,455.54 $ $ 283,653.38 5,623.94 77 ,618.95 11136 5,12130 822.42 553.32 2,435.65 801.85 22,886.75 2,914.30 7,482.82 $ 1,578,218.77 1,658,268.56 410,026.04 3,646,513.37 3,236,487.33 410,026.04 3,646,513.37 apChkLst Final Check List Page: 1 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 657 03/23/2006 000389 use M WEST (OBRA), OBRA - Project Retirement Payment 2,822.54 2,822.54 NATIONWIDE RETIREMENT 658 03/23/2006 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 108,514.86 108,514.86 RETIREMENT) 659 03/23/2006 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 18,876.02 18,876.02 SOLUTION 660 03/23/2006 000283 INSTATAX (IRS) Federal Income Taxes Payment 73.434.89 73.434.89 661 03/23/2006 000444 INSTATAX (EDD) State Disability Ins Payment 18,385.44 18,385.44 106294 03/23/2006 009129 117WEST EntertainmentBluegrass Festival 3/18-19 1,000.00 1,000.00 106295 03/23/2006 004594 2 HOT ACTIVEWEAR 2-motor breeches:Officer Pringle 372.82 372.82 106296 03/23/2006 008239 4 PAWS TRAINING TCSD instructor earnings 1,610.00 1,610.00 106297 03/23/2006 009799 ABSHIRE, BETH Refund: Picnic ShelterTemeku Hills Prk 48.00 48.00 106298 03/23/2006 004765 ACTIVE NETWORK INC, THE Refund:Nicole Murphy:Mommy & Baby 100.00 Refund:Lori Fuller:Bass Guitar 90.00 Refund:Susan Ardigo: Beginning Guitar 85.00 Refund:Georgann Rauch:Wstrn Dance 36.00 Refund:Laurie Goltara:Parent & Me 20.00 Refund:Motomi Elliot:Hawaiian Tahitian 10.00 341.00 106299 03/23/2006 004064 ADELPHIA 3/11-4/10 high speed internet svcs RR 46.95 46.95 106300 03/23/2006 000747 AMERICAN PLANNING Membership:Debbie Ubnoske:068647 280.00 ASSOCIATION Planning publication:Zoning Practice 75.00 355.00 106301 03/23/2006 008279 AMERICOMP INFOSYSTEMS INC Computer licenses:Virus Protection 2,500.00 Computer Equip:2- Flat Monitors 651.73 3,151.73 106302 03/23/2006 002648 AUTO CLUB OF SOUTHERN Membership:S. Dom inick/J. Gum bert 132.00 132.00 CALIF 106303 03/23/2006 002648 AUTO CLUB OF SOUTHERN Membership: Eric Rodecker 52094984 46.00 46.00 CALIF Page:1 apChkLst Final Check List Page: 2 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106304 03/23/2006 002541 BECKER CONSTRUCTION SRVS Remove silt:J. Warner Retention Pond 2,004.00 2,004.00 INC 106305 03/23/2006 004040 BIG FOOT GRAPHICS TCSO instructor earnings 385.00 385.00 106306 03/23/2006 009612 BJ'S RESTAURANTS, INC. Refund:Major mod. application fee 5,269.00 5,269.00 106307 03/23/2006 004380 BOY SCOUTS OF AMERICA Refund:Picnic Shelter:Harveston Prk 200.00 200.00 106308 03/23/2006 009437 BRENNER FIELDER & ASSOC, Harveston Lake: Aeration pump repairs 752.35 752.35 INC 106309 03/23/2006 000128 BROWN & BROWN OF CALIF INC Insurance policy:McLaughlin Bldg 148.00 Insurance policy:McLaughlin Bldg 37.00 185.00 106310 03/23/2006 008613 CALIF BANK & TRUST Barnhart-Rei Ret.Esrw2160075819 \Nt Crk 38,684.00 38,684.00 106311 03/23/2006 001054 CALIF BUILDING OFFICIALS Membership: A. Elmo 4/1/06-5/31/07 215.00 215.00 106312 03/23/2006 004248 CALIF DEPT OF JUSTICE- Fingerprinting 10 svcs:Police/HR 4,104.00 4,104.00 ACCTING 106313 03/23/2006 004971 CANON FINANCIAL SERVICES, Apr copiers lease:City facilities 1,908.32 INC Apr copiers lease:T.Museum/Frnt Rec. 203.58 Apr copier lease: CRC/Aquatics 178.86 Apr copier lease:Fire Stn 12 69.96 2,360.72 106314 03/23/2006 008644 CANTRELL, ROGER, AlA, AICP Feb architect plan review consulting svc 1,126.00 1,126.00 106315 03/23/2006 000387 CAREER TRACK SEMINARS Regist:Managing Emotions:5/4:0H 99.00 99.00 106316 03/23/2006 005829 CHABAD OF TEMECULA VALLEY Refund: Security Oepst: Theater 100.00 100.00 106317 03/23/2006 009800 CHAO LEE, SHIO Refund:duplicate pymt on weed abatement 255.00 255.00 106318 03/23/2006 000137 CHEVRON USA INC City vehicles fuel:Police Oept 864.56 City vehicles fuel:CM/Police 343.64 1,208.20 106319 03/23/2006 000912 CITY CLERKS ASSN OF CALIF 4 City clerk assoc membership shirts 100.00 100.00 Page2 apChkLst Final Check List Page: 3 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106320 03/23/2006 009028 COMMUNICATIONS USA INC Postage chrg for warranty repairs 5.00 5.00 106321 03/23/2006 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 150.00 150.00 106322 03/23/2006 000447 COMTRONIX OF HEMET Install speakers in bathroom: Fire Stn 1,277.79 1,277.79 106323 03123/2006 002631 COUNTS UNLIMITED INC Citywide trifc count data collection 2,700.00 2,700.00 106324 03/23/2006 006954 CRAFTSMEN PLUMBING & HVAC Plumbing repairs @ Sam Hicks Prk 95.00 Plumbing repairs @ CRC 95.00 190.00 106325 03/23/2006 009808 CURRAN, MARK W Ticket Sales:Shake Rattle & Roll 3/18 4,185.72 4,185.72 106326 03/23/2006 001009 D B X INC ReI Retention:79S Trif Signal 14,693.03 14,693.03 106327 03/23/2006 002990 DAVID TURCH & ASSOCIATES FeblMar Federal lobbyist svcs 6,700.00 6,700.00 106328 03/23/2006 003945 DIAMOND ENVIRONMENTAL Portable restroom rental @ Pable Atis 79.78 79.78 SRVCS 106329 03/23/2006 008230 DOUGLAS E BARNHART INC Feb 06 prgss:Wolf Crk sprts Cmplx 348.160.00 348.160.00 106330 03/23/2006 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 1,627.74 INC Fuel for City vehicles: PI/\! Mntc 1.463.54 Fuel for City vehicles: Bldg & Safety 431.31 Fuel for City vehicles: Planning/Police 388.87 Fuel for City vehicles: PI/\! Dept 355.94 Fuel for City vehicles: PI/\! Trifc 9714 Fuel for City vehicles: City Van 56.32 Fuel for City vehicles: CIP 54.68 Fuel for City vehicles: Code Enforcement 45.40 4,520.94 106331 03/23/2006 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal 100.21 100.21 106332 03/23/2006 000523 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 224.53 224.53 DIST 106333 03/23/2006 003223 EDAW INC Jan Biological svcs:Pala Rd Bridge prjt 325.06 325.06 Page:3 apChkLst Final Check List Page: 4 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106334 03/23/2006 009807 ELLIOTT, MOTOMI Refund: Hawaiian-Beginning Teen/Adult 15.00 15.00 106335 03/23/2006 001056 EXCEL LANDSCAPE Feb Idscp impr:Wood Crest/Meadowview 5,000.00 Feb Idscp impr:Various slope areas 1,970.48 Feb Idscp impr:Slope Area 899.92 Feb Idscp impr:Campos Verdes 490.00 Feb Idscp impr:MargaritalOvrlnd 389.40 Feb Idscp impr:Wood Crest 287.98 9,037.78 106336 03/23/2006 009798 FANENE-GASCON, DL YNN Refund: Security Depst: CRC 745.00 745.00 106337 03/23/2006 000478 FAST SIGNS 2 - CPRS poster board signs:TCSD 156.54 156.54 106338 03/23/2006 000165 FEDERALEXPRESSINC 2/22-24/06 Express mail services 177.56 2/15-21/06 Express mail services 129.80 3/1-6/06 Express mail services 110.62 417.98 106339 03/23/2006 004000 FENCING BY ACREY INC Res Imp Prgm: Baird, Larry & Sara 4,366.00 4,366.00 106340 03/23/2006 003347 FIRST BANKCARD CENTER SISTER CITIES INTERNATIONAL ME Regist:Sister Cities Conf:7/13-15 600.00 AMERICAN AIRLINES ME Airfare:Sister Cities Conf:7/13-15 505.18 PAT & OSCARS RESTAURANT SJ Refrshmnts:Council Closed Session 15717 SAN DIEGO REGIONAL TRAIN SJ Regist:Proofreading Sem:1/17:NC 135.00 CTR EUROPEAN DELI JM Refrshmnts:Budget Mtg 50.13 FILlPPIS PIZZA GROTTO SJ Refrshmnts:lnterview Panel 38.03 JM Bank Charges 35.00 RIVERSIDE CO CLERK & SJ Certified official record request fee 26.00 RECORDER PENFOLD'S CAFE SN Refrshmnts:Business Mtg w/Sparkman 21.99 THE ATRIUM CAFE SN Refrshmnts:Business Mtg re:TUMF 11.85 1,580.35 106341 03/23/2006 002982 FRANCHISE TAX BOARD Support Pmt 153.83 153.83 106342 03/23/2006 000170 FRANKLIN QUEST COMPANY INC Day timer supplies - Planning 276.14 276.14 106343 03/23/2006 000795 FRED PRYOR SEMINARS- Regist:Multiple Priorities:4/26:CDNM 99.00 CAREERTRAC Regist:Multiple Priorities:4/26:Schuma 99.00 198.00 Page:4 apChkLst Final Check List Page: 5 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106344 03/23/2006 000172 GASB 1 yr Doc/Report Subscription 160.00 160.00 106345 03/23/2006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 2,047.91 Printer toner supplies:Citywide 316.08 2,363.99 106346 03/23/2006 009806 GIBSON, SUZANNE Refund: Mother/Son Date Night 20.00 20.00 106347 03/23/2006 007795 GONZALEZ, MARIA Refund: Kids Love Soccer 10.00 10.00 106348 03/23/2006 008647 GOODING, EDWIN EntertainmentBluegrass Festival 3/19-20 1,000.00 1,000.00 106349 03/23/2006 005898 GUNN, MARY Refund:Piano instantly;people wIno time 37.00 37.00 106350 03/23/2006 008081 HALL & FOREMAN INC Design SVcs:Pechange Prkwy Ph II 2,400.00 2,400.00 106351 03/23/2006 000186 HANKS HARDWARE INC Hardware supplies:Theater 1,414.69 1,414.69 106352 03/23/2006 002372 HARMON, JUDY TCSD instructor earnings 98.00 98.00 106353 03/23/2006 003299 HAYES, BARNEY EntertainmentBluegrass Festival 3/18 300.00 300.00 106354 03/23/2006 001135 HEAL THPOINTE MEDICAL Feb Pre-employment physicals 25.00 25.00 GROUP INC 106355 03/23/2006 001013 HINDERLITER DE LLAMAS & 3rd Qtr Sales Tax Consulting/Audit svcs 3,102.58 3,102.58 ASSOC 106356 03/23/2006 005748 HODSON, CHERYL A. Support Payment 24.55 24.55 106357 03/23/2006 003198 HOME DEPOT, THE Hardware supplies: City Parks 93.69 93.69 106358 03/23/2006 009810 HUNZEKER, MIKHAIL Reimb: Paint for Theater Shop area 54.56 54.56 106359 03/23/2006 000194 Ie M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 10,635.83 10,635.83 303355 106360 03/23/2006 004406 IGOE & COMPANY INC Mar 06 flex benefit plan pmt 308.25 308.25 PageS apChkLst Final Check List Page: 6 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106361 03/23/2006 004833 IMPERIAL PAVING COMPANY INC Asphalt repairs: Del Rey 17,938.00 Asphalt repairs:E.Pauba Rd 13,855.00 Asphalt repairs:Callesito Vallarta 10,948.00 Asphalt repairs:SantiagolYnez 8,315.00 Asphalt repairs: Via Val Verde 5,837.00 Asphalt repairs: La Cadiena Court 4,746.00 Asphalt repairs:Via Canada 4,194.00 Asphalt repairs: Pasada @ Valle Olvera 4,072.00 Asphalt repairs: Calle Madero 3,904.00 Asphalt repairs: Via Norte 2,792.00 76,601.00 106362 03/23/2006 008939 INTELLIGENT TECHNOLlGIES & Computer supplies:A1C Belts 197.56 197.56 SRV 106363 03/23/2006 006924 INTL MUNICIPAL SIGNAL ASSOC. Manuals:Trffc SignalfTrffc Cntrl 229.00 229.00 106364 03/23/2006 001186 IRWIN, JOHN TCSD instructor earnings 2,541.00 TCSD instructor earnings 147.00 2,688.00 106365 03/23/2006 009393 J M DIAZ INC Feb trffc signal design:Pechanga Pkwy 9,018.20 Feb trffc signal design:R.Cal/l-15 6,986.10 Jan Trff Signal design:Pechanga Pkwy 4,536.14 Feb trffc signal design:Jffrsn/Sanbom 485.01 Feb trffc signal design:Jffrsn/Sanbom 117.09 21,142.54 106366 03/23/2006 004265 JEWELL FENCE COMPANY Res Imp Prgm: Vitanza, Thomas & Phyllis 4,314.50 4,314.50 106367 03/23/2006 004603 JOHNSON LIFT / HYSTER Theater Start-up equipment 1,01742 1,01742 106368 03/23/2006 009809 JOHNSON, MARK Fac Sign Prgm :T.House of Wine Prmt fee 135.00 135.00 106369 03/23/2006 005065 K ME FIRE APPARATUS Fire stn 73 medics vehicle repairs 504.34 504.34 106370 03/23/2006 002424 KELLEY DISPLAY INC Western Days banners care svcs:RDA 159.61 159.61 106371 03/23/2006 009336 KOPIE SHOP LLC Theater hard hat invitations 279.61 279.61 106372 03/23/2006 001719 L PAINe Feb 06 Library Donor Related Issues 2,337.50 2,337.50 106373 03/23/2006 007188 LAERDAL MEDICAL CORP AED training books & supplies:Fire 684.00 684.00 Page:6 apChkLst Final Check List Page: 7 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106374 03/23/2006 004905 LIEBERT, CASSIDY & WHITMORE Feb HR legal svcs for TE06G-#0001 260.00 260.00 106375 03/23/2006 005969 LYONS, TIMOTHY J. EntertainmentBluegrass Festival 3/18-19 150.00 150.00 106376 03/23/2006 003782 MAIN STREET SIGNS signs/hardware/supplies for PW Maint 4,401.86 signs/hardware/supplies for PW Maint 525.01 4,926.87 106377 03/23/2006 004141 MAINTEX INC custodial supplies: Park Sites 271.62 271.62 106378 03/23/2006 009812 MAISEY, JOHN reimb: Pool Operators Training 2127/06 82.56 82.56 106379 03/23/2006 001967 MANPOWER TEMPORARY temp help w/e 03/05 JD/JH/DH 3,452.88 3,452.88 SERVICES 106380 03/23/2006 001256 MARRIOTT HOTEL Htl:Tracon '06 Sem/#84693857 5/7-11/06 699.92 699.92 106381 03/23/2006 001905 MEYERS, DAVID WILLIAM TCSD Instructor Eamings 490.00 490.00 106382 03/23/2006 004894 MICHAEL BRANDMAN Jan eng svcs: Pechanga Pkwy Ph IIlmprov 4,054.82 ASSOCIATES credit: billing error/lack of documentation -100.00 3,954.82 106383 03/23/2006 001384 MINUTEMAN PRESS business cards: J. McNabb 43.37 43.37 106384 03/23/2006 009802 MIRANDA, KACI refund: Creative Beginnings 87.00 87.00 106385 03/23/2006 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Eamings 308.70 A. TCSD Instructor Eamings 274,40 583.10 106386 03/23/2006 005887 MOFFATT & NICHOL ENGINEERS Jan eng svcs: F V.Pkwy/I-15 Overcrossing 101,126.98 101,126.98 106387 03/23/2006 009803 NAEGELE, DOREE refund: photography-basics of digital 80.00 80.00 106388 03/23/2006 009793 NATIONAL BUSINESS security services: Bluegrass Festival 840.00 840.00 106389 03/23/2006 000727 NATIONAL FIRE PROTECTION NFCSS subscription: 2411797/S.Farris 727.32 727.32 ASSN 106390 03/23/2006 009813 NEWLAND COMMUNITIES, LLC reimbursement of legal fees 8,678.00 8,678.00 Page:? apChkLst Final Check List Page: 8 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106391 03/23/2006 009337 NOLTE ASSOCIATES INC 1/20-2/16/06 dsgn svcs:bridge fencing 1,378.81 1,378.81 106392 03/23/2006 002139 NORTH COUNTY TIMES 1 year subscription: 165222/City Clerk 106.80 1 year subscription: 199638fTCSD 106.80 213.60 106393 03/23/2006 009707 OFFICE IMAGES FIT Program supplies: Thennometer 200.27 200.27 106394 03/23/2006 006721 OFFICEMAX - A BOISE COMPANY modifications for Planning work stations 1,345.36 modifications of Planning Dept work stns 982.22 modifications for Planning work stations 686.77 office supplies: Code Enforcement 49.48 office supplies: Finance 9.50 credit: item incorrect size/Planning -48.79 credit: item not installed -145.65 credit: duplicate billing/Planning -686.77 2,192.12 106395 03/23/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint SVcs 379.31 City Vehicle Repair/Maint SVcs 182.86 City Vehicle Repair/Maint SVcs 182.86 City Vehicle Repair/Maint SVcs 101.74 City Vehicle Repair/Maint SVcs 77.37 City Vehicle Repair/Maint SVcs 34.27 958.41 106396 03/23/2006 001171 ORIENTAL TRADING COMPANY TCC supplies: Carnival Fun Day 417.29 INC recreation supplies: Tiny Tots Program 89.65 TCC supplies: Carnival Fun Day 19.95 526.89 106397 03/23/2006 002297 OVERLAND PACIFIC & CUTLER Feb consulting: Civic Center Relocation 2,032.50 2,032.50 INC 106398 03/23/2006 002256 P & D CONSULTANTS INC Feb temp inspection svcs: Henderson 10,015.92 10,015.92 106399 03/23/2006 008471 PARSONS BRINCKERHOFF 1/10/05-9/30/05 svc:Ynez Rd bridge widen 36,357.89 36,357.89 106400 03/23/2006 003218 PELA Feb plan check svcs: Planning 14,818.00 Feb plan check svcs: TCSD 7,000.00 Feb inspection svcs: P.B. Sports 1,980.00 Feb pin ck/inspection:Pech.Pkwy 810.00 Ocl/Nov/Feb svcs: Tem. Library 517.50 credit: billing error/#26-22 TCSD -250.00 24,875.50 106401 03/23/2006 001958 PERS LONG TERM CARE PERS Long Term Care Payment 288.55 288.55 PROGRAM 106402 03/23/2006 000249 PETTY CASH Petty Cash Reimbursement 251.92 251.92 Page:8 apChkLst Final Check List Page: 9 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106403 03/23/2006 007484 PHILIPS MEDICAL SYSTEMS INC CPR/AED pad prgm: Fire Prey 379.39 379.39 106404 03/23/2006 009739 PIERCE, JULIE refund: Hawaiian Tahitian Beginning 55.00 55.00 106405 03/23/2006 001999 PITNEY BOWES postage meter software update:xx2739 257.53 postage meter software update:xx0585 257.53 515.06 106406 03/23/2006 005075 PRUDENTIAL OVERALL SUPPLY Feb unifonn/f1r mtltwl rentals:City 1,142.81 credit: items billed not per contract -48.01 1,094.80 106407 03/23/2006 008651 R M F CONTRACTING INC release retention:VRMS b-balllighting 11,294.50 11,294.50 106408 03/23/2006 007403 RAGAN COMMUNICATIONS, INC. Mar '06-May '07 Bits & Pieces subscr" 51.14 51 14 106409 03/23/2006 008085 RAUCH, GEORGANN refund: Country Western Dance-Texas 2 31.00 31.00 106410 03/23/2006 004483 RECREONICS INC Aquatics Program supplies 1,183.56 1,183.56 106411 03/23/2006 002110 RENTAL SERVICE rental equipment for P\N Maint Div 56.25 56.25 CORPORATION 106412 03/23/2006 007402 RICHARD BRADY & ASSOCIATES 1/1/06-2125/06 svcs: Maint Fac Expan 21,072.40 21,072.40 106413 03/23/2006 006483 RICHARDS, TYREOSHA I. TCSD Instructor Eamings 126.00 TCSD Instructor Eamings 122.50 248.50 106414 03/23/2006 000353 RIVERSIDE CO AUDITOR Feb '06 parking citation assessments 1,972.25 1,972.25 106415 03/23/2006 000418 RIVERSIDE CO CLERK & RDA Facade Prgm: BaronfThesing/Berger 84.00 84.00 RECORDER 106416 03/23/2006 000418 RIVERSIDE CO CLERK & RDA Facade Prgm: Licata 30.00 30.00 RECORDER 106417 03/23/2006 000411 RIVERSIDE CO FLOOD CONTROL map copies: French Vly Pkwy/I-15 5.00 5.00 106418 03/23/2006 007041 RIVERSIDE SHERIFF'S ASSN. Refreshments:Public Safety Expo 11/5/05 387.50 387.50 106419 03/23/2006 008237 RIZZUTO, BONNIE J Refund: Excursions-Getty Museum 30.00 30.00 Page:9 apChkLst Final Check List Page: 10 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106420 03/23/2006 007830 ROAD BUILDERS INC release retention: Wolf Vly Crk Chnl 255,785.47 255,785.47 106421 03/23/2006 000271 ROBERT BEIN VVM FROST & Jan prof svcs: 1-15/Hwy 79S Ult. Intrchng 22,890.57 22,890.57 ASSOC 106422 03/23/2006 000873 ROBERTS, RONALD H. reimb: N.L.C. Conf3/11-15/06 107.56 107.56 106423 03/23/2006 000277 S & S ARTS & CRAFTS INC recreation supplies: Tiny Tots Program 41.99 41.99 106424 03/23/2006 004598 S T KARCHITECTURE INC Feb dsgn svcs: Roripaugh Fire Stn 2,359.50 2,359.50 106425 03/23/2006 008693 SALAZAR, DONALD (SVVD 000053) Support Payment 283.50 283.50 106426 03/23/2006 008515 SAM DE FAZIO'S GOODTIME entertainment:MPSC Swing Sensation 3/24 400.00 400.00 BAND 106427 03/23/2006 005227 SAN DIEGO COUNTY OF Support Payment 25.00 25.00 106428 03/23/2006 001500 SAN DIEGO REGIONAL TRAIN Supervisor's Acad:RT/ERlSR/KN/GF/MD 1,800.00 1,800.00 CTR 106429 03/23/2006 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 106430 03/23/2006 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 150.00 150.00 106431 03/23/2006 004609 SHREDFORCE INC Mar doc shredding svcs: Rcrds Mgmt 110.00 Mar doc shredding svcs:Police Storefront 32.50 142.50 106432 03/23/2006 004460 SILVERADO BLUEGRASS BAND entertainment: Bluegrass Festival 2,000.00 2,000.00 106433 03/23/2006 000751 SKILLPATH INC conflict mgmt skillslK.LeComte 5/24/06 99.00 99.00 106434 03/23/2006 000645 SMART & FINAL INC TCC supplies: Carnival Fun Day 329.22 recreation supplies: Senior Dances 228.16 supplies: 2006 Volunteer Recogn Event 111.53 recreation supplies: High Hopes Prgm 96.00 764.91 106435 03/23/2006 000537 SO CALIF EDISON Feb 2-00-397-5059 various mtrs 11,121.02 Mar 2-26-887-0789 Harveston 1,561.36 Mar 2-25-393-4681 T.E.S. Pool 891.58 Mar 2-10-331-1353 Fire Stn 84 794.80 14,368.76 Page:10 apChkLst Final Check List Page: 11 03/23/2006 11:51:05AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106436 03/23/2006 001212 SO CALIF GAS COMPANY Feb 021-725-0775-4 MPSC 276.91 276.91 106437 03/23/2006 000519 SOUTH COUNTY PEST CONTROL pest control services: Code Enforcement 84.00 84.00 INC 106438 03/23/2006 009805 STANDARD PACIFIC OF INLAND refund: penniVTR3-026-4-7 422.00 422.00 106439 03/23/2006 009811 SUNNY HILLS TOWING LOWBED vehicle towing services: Tem. Police 45.00 45.00 SRVC 106440 03/23/2006 003449 THE SOILS COMPANY INC appraisal services: 41950 Main Street 1,650.00 1,650.00 106441 03/23/2006 000305 TARGET BANK BUS CARD SRVCS recreation supplies: C. Museum 64.05 recreation supplies: Tiny Tots Program 30.41 special event supplies: TCSD 21.77 116.23 106442 03/23/2006 004788 TEMECULA ROOFING Res Imprv Prgm: Garcia, Christina 1,266.00 1,266.00 106443 03/23/2006 000307 TEMECULA TROPHY COMPANY plaques: Holiday Light Parade '05 883.39 recogn awrds: Meyler/DomenoelMcBride 226.08 game ball awards:DC/DAIRG/LS 79.74 nameplatelnam etag:W.StrawnfT.Arbogast 17.51 1,206.72 106444 03/23/2006 005970 TEMECULA VALLEY PLAYERS Light Up the Sky theater settlement 3.439.95 3.439.95 106445 03/23/2006 007636 THERMO ELECTRON CORP thermo electron gas test cylinder. stn 255.37 255.37 106446 03/23/2006 007433 TOVEY SHULTZ CONSTRUCTION Feb prgs pmt #12: Roripaugh Fire Stn 124,332.17 124,332.17 INC 106447 03/23/2006 009814 TRAFFIC CONTROL TraCon 2006 Conf: J. Bearshear 5/9-11/06 680.00 680.00 SUPERVISORS 106448 03/23/2006 009724 TRI COUNTY PUMP COMPANY labor to repair pool pump @ CRC 3,680.00 Pool pump repairs @ CRC 1,680.82 5,360.82 106449 03/23/2006 004895 TUMBLES, JW TCSD Instructor Eamings 82.60 TCSD Instructor Eamings 69.30 151.90 106450 03/23/2006 007118 US TELPACIFIC CORPORATION Mar Internet IP Addresses Block 932.71 932.71 106451 03/23/2006 008517 UNITED SITE SERVICES OF CA,INC 3/2-29/06 fence rental: Main St Bridge 26.40 26.40 Page:11 apChkLst Final Check List Page: 12 03/23/2006 11:51:05AM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106452 03/23/2006 000325 UNITED WAY United Way Charities Payment 222.15 222.15 106453 03/23/2006 009797 VAINER, RENATA TCSO Instructor Eamings 338.10 TCSO Instructor Eamings 96.60 434.70 106454 03/23/2006 006807 VANIR CONSTRUCTION Jan mgmt svcs: Roripaugh Fire Stn 03-01 18,649.17 18,649.17 106455 03/23/2006 003665 VARTEC SOLUTIONS INC Feb long distance phone svcs 3.53 3.53 106456 03/23/2006 004261 VERIZON Mar various phone lines: general usage 5,323.26 5,323.26 106457 03/23/2006 004789 VERIZON ONLINE Internet svcs: Tem. PO OSL 42.70 42.70 106458 03/23/2006 004848 VERIZON SELECT SERVICES INC Mar long distance phone svcs 737.00 737.00 106459 03/23/2006 009101 VISION ONE INC Feb Showare ticket sales:Comm. Theater 631.40 63140 106460 03/23/2006 001342 WAXIE SANITARY SUPPLY INC custodial supplies: MPSC/CRCfTCC 458.70 custodial supplies: City Hall 354.82 custodial supplies: City Hall 288.77 1,102.29 106461 03/23/2006 009378 WESTERN RIM CONTRACTORS Feb prgs pmt #5: Maint Fac Expan pw0306 44,091.54 44,091.54 INC 106462 03/23/2006 009804 WilLIAMS, BRANDON refund: CPR 35.00 35.00 106463 03/23/2006 003776 ZOll MEDICAL CORPORATION prev maint for City owned AEO's 2,450.00 2,450.00 Grand total for UNION BANK OF CALIFORNIA: 1,578,218.77 Page:12 apChkLst Final Check List Page: 1 03/30/2006 12:04:14PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 106464 03/30/2006 009604 12MILESOUT.COM Council Video Web Hosting Svcs 2,000.00 2,000.00 106465 03/30/2006 002539 3CMA-CITY COMMUNICATION & Membership:Gloria Wolnick T-CA-2006 350.00 350.00 MGMT 106466 03/30/2006 001523 A M BEST COMPANY, INC. Subscription renewal:Finance 143.95 143.95 106467 03/30/2006 004765 ACTIVE NETWORK INC, THE Refund: Motomi Elliott:Kids Lv Soccer 50.00 50.00 106468 03/30/2006 004064 ADELPHIA 3/22-4/21 high speed internet svcs MN 46.95 46.95 106469 03/30/2006 005735 AEROSURF INC Internet activation/lnstallation:stn 12 745.60 745.60 106470 03/30/2006 009767 AL TA LOMA CHARTER INC 3/18 Excursion Bus:Getty Museum 747.98 747.98 106471 03/30/2006 004240 AMERICAN FORENSIC NURSES FeblMar DUI Drug & Alcohol Screening 147.80 Feb DUI Drug & Alcohol Screening 97.50 245.30 106472 03/30/2006 008595 AMERICAN INTL GROUP INC Mar 06 workers' camp premium 42,431.00 42,431.00 106473 03/30/2006 000747 AMERICAN PLANNING Membership: Stuart Fisk 127716 303.00 ASSOCIATION Membership: Matt Peters 113479 277.00 Membership: Don Hazen 092146 255.00 835.00 106474 03/30/2006 008279 AMERICOMP INFOSYSTEMS INC Cisco Firewall Sys:Police Storefront 850.15 Computer supplies:ATX pwr-supply 107.75 957.90 106475 03/30/2006 000101 APPLE ONE INC Temp help PPE 3/4 Kasparian 655.20 Temp help PPE 3/11 Kasparian 597.87 Temp help PPE 3/11 Shelton 546.00 Temp help PPE 3/4 Shelton 348.08 2,14715 106476 03/30/2006 001561 ARCH WIRELESS 03/20-6/19/06 paging/rental svcs 251.26 251.26 106477 03/30/2006 009828 BAHR, LISA Reimb:CFPI Wrkshp:3/12-14:San Ramon 60.73 60.73 106478 03/30/2006 006364 BARNES AND NOBLE STORE Manuals for paramedics library 488.81 488.81 106479 03/30/2006 002377 BEST BUY COMPANY INC EE computer purchase prgm:Z.Smith 1,823.21 1,823.21 Page:1 apChkLst Final Check List Page: 2 03/30/2006 12:04:14PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106480 03/30/2006 004262 BIO-TOX LABORATORIES Jan/Feb/Mar DUI Drug & Alcohol Screening 525.86 525.86 106481 03/30/2006 009821 BIRDEN FLlGHT- DE LA VEGA, Refund:Sketching\Painting in the Vineyrd 17.80 17.80 SUZANNE 106482 03/30/2006 005665 BLACK'S TOWING traffic collision tow svcs:Police Dept 240.00 240.00 106483 03/30/2006 009823 BRENNER, DORIS Refund: Security Depst: CRC 150.00 150.00 106484 03/30/2006 000128 BROWN & BROWN OF CALIF INC Insurance bond renewal:S. Jones 350.00 350.00 106485 03/30/2006 008780 BYROM-DAVEY INC Rei Retention:Sprts Cmplx Synthetic Turf 116,352.26 116,352.26 106486 03/30/2006 009067 CALIF BANK & TRUST Rei Retention Esrw Edge Devel:T.Library 75,693.33 75,693.33 106487 03/30/2006 001089 CALIF DEBT & INVESTMENT Regist:Debt Admin Sem:5/19:VonRichter 125.00 125.00 106488 03/30/2006 005660 CALIF EMS AUTHORITY License renewal:Bret Rijke P09938 130.00 130.00 106489 03/30/2006 002534 CATERERS CAFE Refreshments:City Mgrs Business Mtg 76.01 76.01 106490 03/30/2006 009539 CHARLES ABBOTT ASSOCIATES Fire prevention plan check review svcs 1,036.75 1,036.75 106491 03/30/2006 004210 CIRCUIT CITY 42" Widescreen Plasma:Police Storefront 2,369.42 Theater stage electronic equip 1,844.39 4,213.81 106492 03/30/2006 000912 CITY CLERKS ASSN OF CALIF Regist:Ann'l Business Mtg:5/15:Jones 70.00 70.00 106493 03/30/2006 009791 CLARK, MISTY Reimb: Live scan fee -Code Enforce 61.00 61.00 106494 03/30/2006 006118 COAST HOTELS & CASINOS INC htl:Fire-Rescue Med Conf:4123-26 516.66 516.66 106495 03/30/2006 001193 COMP USA INC Computer supplies:1GB/Mouse/USB cbl computer supplies:USB cable/Router 160.49 129.26 289.75 106496 03/30/2006 009735 CONSTRUCTION PROTECTIVE SERVIC Feb Security svcs:Wolf Crk Sprts Cmplx 1.496.00 1.496.00 Page2 apChkLst Final Check List Page: 3 03/30/2006 12:04:14PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106497 03/30/2006 002631 COUNTS UNLIMITED INC Citywide Trffc Count Data Collection Svc 1,650.00 1,650.00 106498 03/30/2006 009545 DC HUBBS CONSTRUCTION CO#2- Rnbw Cnyn Guardrail project 7,500.00 7,500.00 106499 03/30/2006 009831 DR HORTON AMERICA'S Refund:Overcharged Fire Fees 1,886.00 1,886.00 BUILDER 106500 03/30/2006 001393 DATA TICKET INC parking citation processing svcs 779.52 779.52 106501 03/30/2006 003945 DIAMOND ENVIRONMENTAL Portable restrooms:Bluegrass Festival 582.76 582.76 SRVCS 106502 03/30/2006 000684 DIEHL EVANS & COMPANY LLP TV Int'I Film & Music financial audit 5,000.00 FY 04/05 Federal grant single-audit 3,400.00 8,400.00 106503 03/30/2006 009833 DISNEYLAND RESORTS-LOCAL 4/15 High Hopes Excusion 1,470.00 1,470.00 CORP 106504 03/30/2006 005880 EDGE DEVELOPMENT INC. Feb 06 Prgss Pmt:Public Library 681,239.54 681,239.54 106505 03/30/2006 008704 EDVVARDS,MARYANN Reimb:NLC-Congressional Cf:3/10-15 140.69 140.69 106506 03/30/2006 009768 ELLIS MANUFACTURING Jacks/Clamps equip:Fire Truck 73 562.33 562.33 COMPANY 106507 03/30/2006 009286 ENTERPRISE GROUP White copy paper for City Facilities 4,945.73 4,945.73 106508 03/30/2006 001056 EXCEL LANDSCAPE Feb Idscp impr: Reagan Sprts Prk 587.00 Feb Idscp impr:Old Town 274.53 861.53 106509 03/30/2006 000478 FAST SIGNS T Museum exhibit signs 40.30 40.30 106510 03/30/2006 000165 FEDERALEXPRESSINC 3/8-14 Express mail services 256.88 256.88 106511 03/30/2006 000166 FIRST AMERICAN TITLE Lot Book Report: Anderson 75.00 COMPANY Lot Book Report: Radabaugh 75.00 150.00 106512 03/30/2006 003347 FIRST BANKCARD CENTER 002377 BEST BUY COMPANY INC TT Nikon -SLR Digital Camera 7442831 921.25 009485 GROUP MOBILE INT'L LLC TT Computer supplies:Auto Adapter 198.00 009726 TRI-M SYSTEMS TT Smart SkyMaster GPS equip. 179.00 1,298.25 Page:3 apChkLst Final Check List Page: 4 03/30/2006 12:04:14PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106513 03/30/2006 008416 FRONTBRIDGE TECHNOLOGIES Mar Citywide E-mail Spam Filtering 287.50 287.50 INC 106514 03/30/2006 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 1,286.01 1,286.01 106515 03/30/2006 009830 GERMANN III, WILLIS M. Refund: Security Depst:CRC 400.00 400.00 106516 03/30/2006 005947 GOLDEN STATE OVERNIGHT Express Mail Service:Fire Prev 60.15 60.15 106517 03/30/2006 003792 GRAINGER Theater stage tools & safety equip 1,470.31 Theater stage tools & safety equip 1,072.54 Theater stage tools & safety equip 268.14 Theater stage tools & safety equip 41.12 2,852.11 106518 03/30/2006 005363 GRAPELlNE, THE theater patrons shuttle svcs .3/10 517.50 517.50 106519 03/30/2006 009713 H 0 N COMPANY, THE Furniture for Police Mall storefront 15,115.89 15,115.89 106520 03/30/2006 008081 HALL & FOREMAN INC Survey Murrieta Crk low flow crossing 555.00 555.00 106521 03/30/2006 009827 HAWK, TIMOTHY JOE Shed Replacement settlement:PWOo-09 500.00 500.00 106522 03/30/2006 001135 HEAL THPOINTE MEDICAL Feb 06 Pre-employment physicals 305.00 GROUP INC Feb 06 Pre-employment physicals 70.00 375.00 106523 03/30/2006 004811 HEWLETT PACKARD Hp 4500 Scanner Designjet:lnf Sys 18,178.50 Ultra Slim Hp Dsktp:Police StoreFront 12,916.88 31,095.38 106524 03/30/2006 003198 HOME DEPOT, THE Code Enforcement vehicle tool box 268.30 Hardware supplies: TCSD 25.83 294.13 106525 03/30/2006 006052 HORTON, MIKE Reimb:CFPI Wrkshp:3/12-14:San Ramon 69.82 69.82 106526 03/30/2006 009772 IMPERIAL PRODUCTS Toilet seat replacement Paloma Del Sol 259.94 259.94 106527 03/30/2006 001123 INDUSTRIAL DISTRIBUTION PW mntc crew tools and supplies 269.51 269.51 GROUP 106528 03/30/2006 006113 INTL ASSN OF FIRE CHIEFS- IAFC Regist:Fire-Rescue Med Cf:4/24-26:LV 395.00 Regist:Fire-Rescue Med Cf:4/24-26:LV 395.00 Regist:Fire-Rescue Med Cf:4/24-26:LV 395.00 1,185.00 Page:4 apChkLst Final Check List Page: 5 03/30/2006 12:04:14PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106529 03/30/2006 009824 ISBN U.S. AGENCY Publisher registlprocess fees:T.Museum 244.95 244.95 106530 03/30/2006 007241 JAEGER CORPORATION Res Imp Prgm: Matuzak, Jeffrey 2,951.00 2,951.00 106531 03/30/2006 003046 K FRO G 95.1 FM RADIO Bluegrass Festival radio broadcasting 828.00 Bluegrass Festival web broadcasting 172.00 1,000.00 106532 03/30/2006 002424 KELLEY DISPLAY INC Balloon & Wine banners care svcs:Eco 1,330.73 1,330.73 106533 03/30/2006 009822 KIM, HAEJIN ELAINE Refund: Tennis-Beginning Jr 45.83 45.83 106534 03/30/2006 002789 KIMCO STAFFING SERVICES INC Temp help PPE 3/12 Wedeking 580.00 580.00 106535 03/30/2006 003631 KLEIN FELDER INC Jan Geotechnical svcs: Field Oper Ctr 3,453.50 3,453.50 106536 03/30/2006 007321 KOPP, JON R. (RANDY) Old Twn PA system equip:Rod Run 600.00 600.00 106537 03/30/2006 009780 L R KWEST INC Refreshments for Executive Retreat 788.99 Refreshments for Executive Retreat 609.26 Refreshments for Executive Retreat 474.79 1,873.04 106538 03/30/2006 004412 LEANDER, KERRY D. TCSD instructor earnings 208.25 TCSD instructor earnings 207.96 TCSD instructor earnings 199.50 TCSD instructor earnings 157.50 773.21 106539 03/30/2006 000482 LEIGHTON CONSULTING INC Nov-Jan Geotechnical SVcs:Public Library 15,777.50 15,777.50 106540 03/30/2006 009829 LESHOCK, GINNY Refund: Security Depst: CRC 158.00 158.00 106541 03/30/2006 008383 L1M & NASCIMENTO Feb eng. dsgn:Margarita undercrossing 4,595.59 4,595.59 ENGINEERING 106542 03/30/2006 005963 LORMAN EDUCATION SERVICES Regist:Bldg Codes Sem:Horton:2/15 319.00 319.00 106543 03/30/2006 008610 MeR STAMPS entertainment: High Hopes Prgm 3/17 25.00 25.00 106544 03/30/2006 002784 MAILBOX, THE 1 yr subscription: Tiny Tots Prgm 29.95 29.95 PageS apChklst Final Check List Page: 6 03/30/2006 12:04:14PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106545 03/30/2006 003782 MAIN STREET SIGNS "No Trespassing" signs: TCSD Maint 232.74 hardware for signs: P\N Maint 140.08 372.82 106546 03/30/2006 001967 MANPOWER TEMPORARY temp help w/e 03/19 JD/JH/DH 3,477.04 SERVICES temp help w/e 03/12 JD/JH/DH 2,453.29 5,930.33 106547 03/30/2006 004307 MARINE BIOCHEMISTS Mar maintHarveston lake/Duck Pond 4,855.00 4,855.00 106548 03/30/2006 006571 MELODY'S AD WORKS reimb expenses: Bluegrass Festival 382.68 382.68 106549 03/30/2006 001905 MEYERS, DAVID WilLIAM TCSD Instructor Eamings 490.00 TCSD Instructor Eamings 262.50 752.50 106550 03/30/2006 004894 MICHAEL BRANDMAN 1/28/06-2/24/06 Eng SVcs:Pech.Pkwy 2,567.36 2,567.36 ASSOCIATES 106551 03/30/2006 007210 MIDORI GARDENS Feb Idscp maint svcs: Neighborhood Parks 49,931.61 Irrigation repairs: Redhawk Park 2/15/06 299.53 Irrigation repairs: Riverton Park 117.84 50,348.98 106552 03/30/2006 004208 MILANOS refreshments: Council mtg 3/21/06 179.00 179.00 106553 03/30/2006 008091 MlllMORE'S WAX CREW City vehicle detailings services: P\N 100.00 City vehicle detailings services: P\N 75.00 175.00 106554 03/30/2006 001384 MINUTEMAN PRESS qty 1500 correction notices: B&S Dept 375.80 Oty 4000 Envelopes: Police 273.93 Oty 4000 letterhead: Police 239.18 qty 2000 letterhead: RDAllow-Mod 175.60 business cards: T Harris 43.37 business cards: W. strawn 43.37 1,151.25 106555 03/30/2006 000883 MONTELEONE EXCAVATING grading of dirt roads: SVc level "R" 3/7 1 ,620.00 Grading Of Dirt Roads: SVc level "R"3/16 1 ,620.00 3,240.00 106556 03/30/2006 007096 MUSICIANS WORKSHOP Perionnance Showcase 3/14: Comm. Thtr 524.74 524.74 106557 03/30/2006 008528 NICHOLS, MElBURG & ROSETTO Feb Consulting: Civic Center Complex 15,190.00 15,190.00 106558 03/30/2006 006140 NORTH JEFFERSON BUSINESS Apr-Jun bus.prk assn dues:F V.l115 xx20 447.00 447.00 106559 03/30/2006 003964 OFFICE DEPOT BUSINESS SVS office supplies: Planning Dept 6.39 6.39 DIV Page:6 apChkLst Final Check List Page: 7 03/30/2006 12:04:14PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106560 03/30/2006 006721 OFFICEMAX - A BOISE COMPANY office supplies: Finance 764.39 work station furniture: Planning 475.59 credit: dupl billing/items to be@ "N/C" -475.59 764.39 106561 03/30/2006 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint SVcs 414.04 City Vehicle Repair/Maint SVcs 188.25 City Vehicle Repair/Maint SVcs 175.12 City Vehicle Repair/Maint SVcs 34.27 City Vehicle Repair/Maint SVcs 34.27 845.95 106562 03/30/2006 001619 ORANGE COUNTY REGISTER INC Mar recruitment ads:TCSD/Planning 648.00 648.00 106563 03/30/2006 006939 PAINT CONNECTION, THE Res Imp Prog: Kudalis, Stephen 2,395.00 2,395.00 106564 03/30/2006 008471 PARSONS BRINCKERHOFF Oct-Dec svcs:Ynez Rd bridge widening 5,011.70 5,011.70 106565 03/30/2006 004074 PARTY CITY OF TEMECULA INC '06 Spring Egg Hunt supplies 55.94 55.94 106566 03/30/2006 002498 PETRA GEOTECHNICAL INC Dec Geotechnical Svcs:P.B.Sports Complex 2,726.38 Jan Geotechnical SVcs:P.B. Sports Complx 1,047.50 3,773.88 106567 03/30/2006 000249 PETTY CASH Petty Cash Reimbursement 628.53 628.53 106568 03/30/2006 006653 PLA YPOWER L T FARMINGTON Kid Builder slide: Temeku Hills Park 1,543.65 1,543.65 106569 03/30/2006 000253 POSTMASTER Express Mail & Postal Svcs 83.05 credit: duplicate billing -25.50 57.55 106570 03/30/2006 009832 POTTER, SUMMER refund: Photo Class 300.00 300.00 106571 03/30/2006 003493 PRO-CRAFT Res Imp Prog: Elder, Clarence & Doris 2,718.00 2,718.00 106572 03/30/2006 003697 PROJECT DESIGN 12/5/05-1/8106 Prof Svcs:Murr.Crk/Ovrlnd 3,330.20 3,330.20 CONSULTANTS 106573 03/30/2006 001364 R C P BLOCK & BRICK INC graffiti removal supplies: PW 303.86 303.86 106574 03/30/2006 004029 R J M DESIGN GROUP INC Jan Dsgn SVcs: P.B. Sports Complex 4,272.84 4,272.84 106575 03/30/2006 009748 R K R MEDIA ASSOCIATES INC shirts for Process ImprvTeam:Econ Dev 822.42 822.42 Page:? apChkLst Final Check List Page: 8 03/30/2006 12:04:14PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106576 03/30/2006 000262 RANCHO CALIF WATER DISTRICT Various Water Meters 7,710.71 Mar 01-08-92010-0 P.B. Sports Cornplex 1,028.23 Mar 01-04-47210-0 TES Pool 261.29 Mar water rneters: Fire Stn 84 195.28 Mar 01-04-10033-2 Margarita Rd 96.47 9,291.98 106577 03/30/2006 004498 REPUBLIC ELECTRIC furnish/deliver 100 cabinet filters: PW 350.00 350.00 106578 03/30/2006 009052 RICHICHI, JENNIFER Refund: Picnic Shelter/Meadows Park 43.00 43.00 106579 03/30/2006 000418 RIVERSIDE CO CLERK & Res IrnpIY Prgrn: Whiting/RDA 11.00 11.00 RECORDER 106580 03/30/2006 001592 RIVERSIDE CO INFO Feb radio rental & rnaint: Police 684.00 684.00 TECHNOLOGY 106581 03/30/2006 000406 RIVERSIDE CO SHERIFFS DEPT FY 05/06 Police Facility Expenses 213,857.69 February 2006 Booking Fees 10,267.20 224,124.89 106582 03/30/2006 000406 RIVERSIDE CO SHERIFFS DEPT FY 05/06 Police Records Mgrnt Sys Usage 123,514.00 123,514.00 106583 03/30/2006 003587 RIZZO CONSTRUCTION INC electr installation:Old Twn WIFI p~t 1,340.00 1,340.00 106584 03/30/2006 008962 ROAROCKIT SKATEBOARD 12 skateboard street deckllong board 2,298.96 2,298.96 COMPANY 106585 03/30/2006 000815 ROWLEY, CATHY TCSD Instructor Earnings 392.00 TCSD Instructor Earnings 378.00 TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 189.00 TCSD Instructor Earnings 189.00 TCSD Instructor Earnings 56.00 1,834.00 106586 03/30/2006 007113 RYLE, SHEILA H. TCSD Instructor Earnings 932.40 TCSD Instructor Earnings 436.80 TCSD Instructor Earnings 109.20 1,478.40 106587 03/30/2006 001942 S C SIGNS Nov new public hearing signs: Planning 5,390.00 Oct new public hearing signs: C.C.lPln 3,850.00 9,240.00 106588 03/30/2006 004598 S T KARCHITECTURE INC Feb Dsgn: Wolf Creek Fire Stn 5,582.50 5,582.50 Page:8 apChklst Final Check List Page: 9 03/30/2006 12:04:14PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106589 03/30/2006 009196 SACRAMENTO THEATRICAL Lighting Color Control Units:Theater 3,964.87 LIGHTING Stage Lighting: Community Theater 3,905.88 Theatrical Lighting Equip: Comm. Thtr 356.18 Freight Charges/Stage Lighting:Comm.Thtr 69.03 8,295.96 106590 03/30/2006 005329 SAFE ALTERNATIVE FOR FY 05/06 CDBG Reimb. For SAFE Prgm 8,000.00 8,000.00 EVERYONE 106591 03/30/2006 009621 SCOTTSDALE COMMERCE LLC Apr Off-site City storage: Records Mgmt 1,000.00 1,000.00 106592 03/30/2006 009745 SILVERADO AVIONICS INC radios for City emergency vehicles 17,243.52 radios for City emergency vehicles 513.75 17,757.27 106593 03/30/2006 000645 SMART & FINAL INC senior swing dance supplies: MPSC 146.47 '06 Volunteer Recognition event supplies 50.89 197.36 106594 03/30/2006 003477 SMITH, BARBARA ee computer purchase program 970.39 970.39 106595 03/30/2006 000537 SO CALIF EDISON Feb 2-19-999-9442 various mtrs 1,360.05 Mar 2-27-615-1750 Fire Stn 73 651.25 Mar 2-23-365-5992 Fire Stn 92 540.62 Feb-Mar 2-27-560-0625 Deerhollow Wy 369.20 Mar 2-27-632-3565 Camino Piedra Raja 146.10 Mar 2-21-981-4720 Hwy 79 61.10 Jan 2-27-560-0625 DeerhollowWay -57.69 3,070.63 106596 03/30/2006 001212 SO CALIF GAS COMPANY Mar City facilities gas meters 4,514.00 Mar 095-167-7907-2 Fire Stn 84 312.75 4,826.75 106597 03/30/2006 000282 SO CALIF MUNICIPAL ATHLETIC TCSD adult softball league rulebooks 840.00 840.00 106598 03/30/2006 004282 SOUTHWEST TRAFFIC SYSTEMS Lightbar/Controller/Back Up Alann: Pin 2.470.00 2.470.00 106599 03/30/2006 005786 SPRINT Mar Acct level Chrgs 32.31 32.31 106600 03/30/2006 008337 STAPLES BUSINESS office supplies: T Museum 52.97 52.97 ADVANTAGE 106601 03/30/2006 004570 STEPHEN G WHITE, MAl updated appraisal/CDF 03-02:Roripaugh 14,000.00 14,000.00 106602 03/30/2006 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Eamings 945.00 TCSD Instructor Eamings 658.00 1,603.00 106603 03/30/2006 009452 STRAWN, WILLIAM R. Reimb:supplies for Community Theater 107.95 Reimb:supplies for Community Theater 88.66 196.61 Page:9 apChkLst Final Check List Page: 10 03/30/2006 12:04:14PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 106604 03/30/2006 003840 STRONGS PAINTING prep/paint fence around Fire Stn 84 3,200.00 3,200.00 106605 03/30/2006 007670 STUDIO "c" TCSD Instructor Eamings 420.00 420.00 106606 03/30/2006 003599 T Y UN INTERNATIONAL 1/28-2/24/06 Bridge Inspection:Roripaugh 2,720.00 2,720.00 106607 03/30/2006 000305 TARGET BANK BUS CARD SRVCS '06 Spring Egg Hunt supplies 241.08 241.08 106608 03/30/2006 006465 TEMECULA AUTO REPAIR City vehicle repair/maint svcs: 3,486.99 City Vehicle Repair/Maint SVcs:M.S. 529.50 City Vehicle Repair/Maint SVcs:M.S. 265.11 City Vehicle Repair/Maint SVcs: Fire 139.30 City Vehicle Repair/Maint svcs: Fire 52.89 City vehicle repair/maint svcs: Fire 35.75 4,509.54 106609 03/30/2006 006914 TEMECULA COPIERS INC. Feb copier maint/usage: City Facilities 3,88746 3,887 46 106610 03/30/2006 008677 TEMECULA SWIM CLUB refund:sec. deposit/room rental CRC 255.00 255.00 106611 03/30/2006 000307 TEMECULA TROPHY COMPANY plaques & gavels for the Council Members 285.27 nametags: K. Bottorff/D. Adamiah 19.29 304.56 106612 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address:Pln Commisioners 4/5 140.00 140.00 OF 106613 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address:J.S.lG.P.lP.B.lP V 140.00 140.00 OF 106614 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address: 4 Police staff 4/5 140.00 140.00 OF 106615 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address:Traf.Commisioners 4/5 105.00 105.00 OF 106616 03/30/2006 000515 TEMECULA VALLEY CHAMBER State/City address: Fire Chief Anthony 35.00 35.00 OF 106617 03/30/2006 003140 TEMECULA VALLEY TCSD Instructor Eamings 210.00 TAEKWONDO TCSD Instructor Eamings 126.00 TCSD Instructor Eamings 42.00 378.00 106618 03/30/2006 009738 TILLMAN, CHERYL refund: Kids Love Soccer - Soccer 3 80.00 80.00 Page:10 apChkLst Final Check List 03/30/2006 12:04:14PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 106619 03/30/2006 009643 TOASTMASTERS Apr-Sept '06 membership dues: C. Damko INTERNATIONAL 106620 03/30/2006 005937 TOMCZAK, MARIA T TCSD Instructor Eamings 106621 03/30/2006 000978 TRAUMA INTERVENTION PRGM 3rd Qtr Emerg. Response Vol. Prgm INC 106622 03/30/2006 009726 TRI-M SYSTEMS GPS antennas for Fire vehicles 106623 03/30/2006 002706 US POSTAL SERVICE Delivery Stat. Retrieval Software: Cty 106624 03/30/2006 002492 U S TOY COMPANY INC '06 Volunteer Recognition event supplies 106625 03/30/2006 004368 VAll COOPER & ASSOCIATES Feb temp inspection svc: G.Berg/D.Franco INC 106626 03/30/2006 004789 VERIZON ONLINE Internet svcs xx9549: Police Storefront 106627 03/30/2006 004848 VERIZON SELECT SERVICES INC Mar long distance phone svcs 106628 03/30/2006 003730 WEST COAST ARBORISTS INC 2/16-28/06 Citywide Tree Trimming SVcs 2/16-28/06 Slope Tree TrimmingNar 2/16-28/06 Tree Trimming: Parks/Slopes 106629 03/30/2006 000348 ZIGLER, GAil Reimb:Cprs Annual Conf 3/16-19/06 106630 03/30/2006 003776 ZOll MEDICAL CORPORATION medical supplies: Paramedics Page: 11 Amount Paid Check Total 39.00 39.00 noo noo 2,442.00 2,442.00 323.00 323.00 75.00 75.00 100.85 100.85 16,797.02 16,797.02 42.70 42.70 3.80 3.80 8,515.00 459.00 297.00 9,271.00 263.03 263.03 264.74 264.74 Grand total for UNION BANK OF CALIFORNIA: 1,658,268.56 Page:11 I~-- . , II ITEM NO.4 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V ell ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 11 , 2006 SUBJECT: City Treasurer's Report as of February 28, 2006 PREPARED BY: Karin A. Grance, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: February 28, 2006. That the City Council receive and file the City Treasurer's Report as of 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 City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of February 28, 2006. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of February 28, 2006 City of Temecula, California Portfolio Management Portfolio Summary February 28, 2006 City of Temecula 43200 Business Park Drive P.O.80X9033 Temecula, CA, 92590 (951)694-6430 p., Market Book %01 Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 350 Equiv. 365 Equiv. Managed Pool Accolllts 9,385,434,94 9,385,434,94 9,385,434,94 B.9B , 3.850 3.940 Lccal Agency Investmeri Funds Bl,78G,B84.00 Bl,B9a,915.43 Bl,78G,B54.00 4582 , 3.983 4.043 FederalAgencyCallableSocurities 49,595,000.00 48,738,5&2.W 49,587,3BO.00 3B.78 'M en 1.BGB 3.B5B Federal AgencyBLJlet Securities 9,000,000.00 8,9BB,880.00 9,000,000.00 B.BE C"' '" 4.219 4.277 InvestrnentGontracts 5,OBB,488.75 5,GBB,488.7B 5,OBB,488.75 3.7B 9,33B 7,859 4.288 4.348 134,827,607.70 133,856,281.93 134,819,967.70 100.00% 723 500 3.867 3.921 Investments Cash PassbaJk!Chockirr;] 3,335,839.15 3,335,839.15 3,335,839.15 1.G44 1.GS9 (rKltincludE>dinyieldcalculatials) Total Cash and Investments 138,164,446.86 137,193,121.09 138,156,806.86 723 500 3.867 3.921 Total Earnings February 28 Month Ending Fiscal Year To Date CurrentYear 424,843.33 3,196,459.31 Average Daily Balance 137,871,395.46 Effective Rate of Return 4.02% Reporting period 0210112006-0212812006 Portfolio TEME CP PM(PRF]M1)SymFep8.41.2D2a ReportVer.5.DD Run Date: D1I30'20D8. 1D:31 City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments February 28, 2006 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts SYSCFD 03-04-1 AD 03-04-1 First American Treasury 43,867.08 43,867.08 43,867.08 3.940 3.886 3.940 SYSCFD 03-04-2 AD 03-04-2 First American Treasury 21,996.79 21,996.79 21,996.79 3.940 3.886 3.940 SYSCFD 03-04-3 AD 03-04-3 First American Treasury 100,428.94 100,428.94 100,428.94 3.940 3.886 3.940 SYSCFD 03-04-5 AD 03-04-5 First American Treasury 09/01/2005 32,267.35 32,267.35 32,267.35 3.940 3.886 3.940 SYSCFD 01-2-1 CFD 01-2-1 First American Treasury 1,068,195.69 1,068,195.69 1,068,195.69 3.940 3.886 3.940 SYSCFD 01-2-2 CFD 01-2-2 First American Treasury 442,500.15 442,500.15 442,500.15 3.940 3.886 3.940 SYSCFD 01-2-3 CFD 01-2-3 First American Treasury 7,804.81 7,804.81 7,804.81 3.940 3.886 3.940 SYSCFD 01-2-4 CFD 01-2-4 First American Treasury 135,829.85 135,829.85 135,829.85 3.940 3.886 3.940 SYSCFD 01-2-5 CFD 01-2-5 First American Treasury 2,883,812.37 2,883,812.37 2,883,812.37 3.940 3.886 3.940 SYSCFD 03-1-1 CFD 03-03-1 First American Treasury 1,701,630.68 1,701,630.68 1,701,630.68 3.940 3.886 3.940 SYSCFD 03-03-11 CFD 03-03-11 First American Treasury 10,284.86 10,284.86 10,284.86 3.940 3.886 3.940 SYSCFD 03-03-2 CFD 03-03-2 First American Treasury 106.81 106.81 106.81 3.940 3.886 3.940 SYSCFD 03-03-3 CFD 03-03-3 First American Treasury 17.03 17.03 17.03 3.930 3.876 3.930 SYSCFD 03-03-6 CFD 03-03-6 First American Treasury 0.02 0.02 0.02 3.930 3.876 3.930 SYSCFD 03-03-6 CFD 03-03-7 First American Treasury 828.13 828.13 828.13 3.940 3.886 3.940 SYSCFD 03-03-9 CFD 03-03-9 First American Treasury 3,051.30 3,051.30 3,051.30 3.940 3.886 3.940 SYSCFD 03-06-0 CFD 03-06-0 First American Treasury 01/01/2006 191,968.10 191,968.10 191,968.10 3.940 3.886 3.940 SYSCFD 03-06-1 CFD 03-06-1 First American Treasury 3,152.61 3,152.61 3,152.61 3.940 3.886 3.940 SYSCFD 03-06-2 CFD 03-06-2 First American Treasury 348,935.66 348,935.66 348,935.66 3.940 3.886 3.940 SYSCFD 03-06-3 CFD 03-06-3 First American Treasury 12,686.65 12,686.65 12,686.65 3.940 3.886 3.940 SYSCFD 03-1-1 CFD 03-1-1 First American Treasury 588,769.04 588,769.04 588,769.04 3.940 3.886 3.940 SYSCFD 03-1-10 CFD 03-1-10 First American Treasury 953.01 953.01 953.01 3.940 3.886 3.940 SYSCFD 03-1-13 CFD 03-1-13 First American Treasury 08/31/2005 0.00 0.00 0.00 3.860 3.807 3.860 SYSCFD 03-1-16 CFD 03-1-16 First American Treasury 08/31/2005 226,208.36 226,208.36 226,208.36 3.940 3.886 3.940 SYSCFD 03-1-2 CFD 03-1-2 First American Treasury 82.75 82.75 82.75 3.940 3.886 3.940 SYSCFD 03-1-21 CFD 03-1-21 First American Treasury 08/31/2005 11,230.78 11,230.78 11,230.78 3.940 3.886 3.940 SYSCFD 03-1-3 CFD 03-1-3 First American Treasury 0.00 0.00 0.00 3.340 3.294 3.340 SYSCFD 03-1-5 CFD 03-1-5 First American Treasury 4.27 4.27 4.27 3.980 3.925 3.980 SYSCFD 03-1-6 CFD 03-1-6 First American Treasury 762.57 762.57 762.57 3.940 3.886 3.940 SYSCFD 03-1-8 CFD 03-1-8 First American Treasury 523,248.32 523,248.32 523,248.32 3.940 3.886 3.940 SYSCFD 88-12-1 CFD 88-12-1 First American Treasury 359,650.58 359,650.58 359,650.58 3.940 3.886 3.940 SYSCFD 88-12-3 CFD 88-12-3 First American Treasury 664,706.84 664,706.84 664,706.84 3.940 3.886 3.940 SYSCFD 88-12-5 CFD 88-12-5 First American Treasury 2.14 2.14 2.14 3.740 3.689 3.740 SYSRDA TABS-1 RDA TABs-1 First American Treasury 147.15 147.15 147.15 3.940 3.886 3.940 SYSRDA TABS-3 RDA TABs-3 First American Treasury 0.00 0.00 0.00 2.300 2.268 2.300 SYSTCSD COPS-1 TCSD COPs-1 First American Treasury 300.29 300.29 300.29 3.940 3.886 3.940 SYSTCSD COPS-2 TCSD COPs-2 First American Treasury 2.96 2.96 2.96 3.940 3.886 3.940 SYSRDA TABS-2 RDA TABs-2 MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 Portlolio TEME CP Run Date: 03/30/2006-10:31 PM (PRF _PM2) SymRept 6.41.202a ReportVer.5.00 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments February 28, 2006 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 10,934,046.61 9,385,434.94 9,385,434.94 9,385,434.94 3.886 3.940 Local Agency Investment Funds SYSCFD 03-03-10 CFD 03-03-10 CA Local Agency Investment Fun 3,790,505.10 3,790,505.10 3,790,505.10 4.043 3.988 4.043 SYSCFD 03-03-12 CFD 03-03-12 CA Local Agency Investment Fun 10,356,313.00 10,356,313.00 10,356,313.00 4.043 3.988 4.043 SYSCFD 03-03-4 CFD 03-03-4 CA Local Agency Investment Fun 12.68 12.68 12.68 4.043 3.988 4.043 SYSCFD 03-03-8 CFD 03-03-8 CA Local Agency Investment Fun 4,453,986.44 4,453,986.44 4,453,986.44 4.043 3.988 4.043 SYSCFD 03-06-4 CFD 03-06-4 CA Local Agency Investment Fun 02/08/2006 3,938,000.00 3,938,000.00 3,938,000.00 4.043 3.988 4.043 SYSCFD 03-1-11 CFD 03-1-11 CA Local Agency Investment Fun 1,327,322.59 1,327,322.59 1,327,322.59 4.043 3.988 4.043 SYSCFD 03-1-22 CFD 03-1-22 CA Local Agency Investment Fun 02/08/2006 3,376,000.00 3,376,000.00 3,376,000.00 4.043 3.988 4.043 SYSCFD 03-1-7 CFD 03-1-7 CA Local Agency Investment Fun 992,096.81 992,096.81 992,096.81 4.043 3.988 4.043 SYSCFD 03-1-9 CFD 03-1-9 CA Local Agency Investment Fun 6,161.65 6,161.65 6,161.65 4.043 3.988 4.043 SYSCITY CITY CA Local Agency Investment Fun 29,816,641.88 29,743,951.26 29,816,641.88 4.043 3.988 4.043 SYSRDA RDA CA Local Agency Investment Fun 2,015,367.43 2,010,454.12 2,015,367.43 4.043 3.988 4.043 SYSRDA TABS-4 RDA TABs-4 CA Local Agency Investment Fun 0.00 0.00 0.00 2.967 2.926 2.967 SYSTCSD TCSD CA Local Agency Investment Fun 1,708,276.42 1,704,111.78 1,708,276.42 4.043 3.988 4.043 SYSTCSD COPS-3 TCSD COPs-3 CA Local Agency Investment Fun 0.00 0.00 0.00 3.324 3.278 3.324 --- Subtotal and Average 59,827,184.00 61,780,684.00 61,698,915.43 61,780,684.00 3.988 4.043 Federal Agency Callable Securities 31339YGQ9 01004 Federal Home Loan Bank 07/24/2003 1,000,000.00 989,690.00 1,000,000.00 2.250 2.219 2.250 145 07/24/2006 31339YXP2 01005 Federal Home Loan Bank 08/14/2003 2,000,000.00 1,978,760.00 2,000,000.00 2.500 2.466 2.500 166 08/14/2006 3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 2,953,742.00 3,050,000.00 3.100 3.058 3.101 67B 01/08/2008 3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,865,850.40 2,965,000.00 3.000 2.960 3.001 677 01/07/2008 3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,901,570.00 3,000,000.00 3.000 2.960 3.001 667 12/28/2007 3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 967,190.00 1,000,000.00 3.000 2.960 3.001 667 12/28/2007 3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 969,060.00 1,000,000.00 3.150 3.108 3.151 6B4 01/14/2008 3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,935,000.00 2,000,000.00 3.070 3.029 3.071 685 01/15/2008 3133X5K49 01020 Federal Home Loan Bank 04116/2004 1,000,000.00 968,440.00 1,000,000.00 3.125 3.083 3.126 6B6 01/16/2008 3133X5QF8 01021 Federal Home Loan Bank 04122/2004 2,000,000.00 1,931,880.00 2,000,000.00 3.000 2.960 3.001 692 01/22/2008 3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,950,000.00 2,000,000.00 3.520 3.473 3.521 700 01/30/2008 3133)(AY84 01026 Federal Home Loan Bank 03/23/2005 1,000,000.00 988,750.00 999,750.00 3.850 3.810 3.863 3B7 03/23/2007 3133)(AZ91 01027 Federal Home Loan Bank 03/28/2005 1,000,000.00 990,940.00 999,750.00 3.785 3.750 3.802 302 12/28/2006 3133XBY66 01029 Federal Home Loan Bank 06/15/2005 2,000,000.00 1,985,620.00 2,000,000.00 4.000 3.781 3.833 2B9 12/15/2006 3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,968,140.00 2,997,360.00 4.250 4.238 4.296 525 08/08/2007 3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 952,204.80 960,000.00 4.380 4.320 4.380 562 09/14/2007 3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,971,890.00 2,998,125.00 4.375 4.347 4.407 660 12/21/2007 3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 614,965.60 620,000.00 4.400 4.340 4.400 576 09/28/2007 3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,980,620.00 2,000,000.00 4.500 4.438 4.500 75B 03/28/2008 3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 988,130.00 1,000,000.00 4.230 4.174 4.232 667 12/28/2007 Portlolio TEME CP Run Date: 03/30/2006-10:31 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Page 4 Portfolio Details - Investments February 28, 2006 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 990,000.00 1,000,000.00 4.140 4.086 4.143 485 06/29/2007 3133XDA84 01040 Federal Home Loan Bank 09/28/2005 1,000,000.00 994,060.00 1,000,000.00 4.200 4.147 4.204 302 12/28/2006 3133XDAB7 01041 Federal Home Loan Bank 09/29/2005 1,000,000.00 993,440.00 1,000,000.00 4.120 4.068 4.124 303 12/29/2006 3133XDBWO 01043 Federal Home Loan Bank 10/12/2005 1,000,000.00 995,000.00 1,000,000.00 4.050 3.995 4.050 225 10/12/2006 3133XDBQ3 01044 Federal Home Loan Bank 10/14/2005 1,000,000.00 994,060.00 1,000,000.00 4.250 4.196 4.255 315 01/10/2007 3133XDBX8 01045 Federal Home Loan Bank 10/12/2005 1,000,000.00 993,440.00 1,000,000.00 4.150 4.097 4.154 317 01/12/2007 3133XDB67 01046 Federal Home Loan Bank 10/12/2005 1,000,000.00 991,250.00 999,375.00 4.150 4.136 4.193 407 04/12/2007 3133XDKQ3 01047 Federal Home Loan Bank 11/09/2005 1,000,000.00 995,940.00 1,000,000.00 4.500 4.443 4.505 345 02/09/2007 3133XEG94 01053 Federal Home Loan Bank 01/26/2006 1,000,000.00 997,810.00 1,000,000.00 4.750 4.685 4.750 331 01/26/2007 3128XILW5 01002 Federal Home Loan Mtg Corp 06/30/2003 1,000,000.00 990,670.00 1,000,000.00 2.000 1.973 2.000 121 06/30/2006 3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 983,890.00 998,000.00 3.750 3.784 3.837 520 08/03/2007 3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 985,140.00 1,000,000.00 4.050 3.993 4.048 572 09/24/2007 3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 991,420.00 1,000,000.00 4.375 4.315 4.375 596 10/18/2007 3136F6M63 01028 Federal National Mtg Assn 04/05/2005 1,000,000.00 990,000.00 1,000,000.00 4.000 3.945 4.000 400 04/05/2007 --- Subtotal and Average 49,587,360.00 49,595,000.00 48,738,562.80 49,587,360.00 3.606 3.656 522 Federal Agency Bullet Securities 31331SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 986,560.00 1,000,000.00 3.820 3.768 3.820 457 06/01/2007 31331S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 989,690.00 1,000,000.00 4.000 3.947 4.002 411 04/16/2007 3133XDLW9 01048 Federal Home Loan Bank 11/10/2005 2,000,000.00 1,997,500.00 2,000,000.00 4.200 4.142 4.200 70 05/10/2006 3133XDMX6 01049 Federal Home Loan Bank 11/15/2005 2,000,000.00 1,997,500.00 2,000,000.00 4.250 4.192 4.250 75 05/15/2006 3133XE2VO 01050 Federal Home Loan Bank 12/29/2005 1,000,000.00 998,440.00 1,000,000.00 4.625 4.562 4.625 212 09/29/2006 3133XE5U9 01051 Federal Home Loan Bank 12/30/2005 1,000,000.00 998,750.00 1,000,000.00 4.500 4.438 4.500 121 06/30/2006 3133XE7H6 01052 Federal Home Loan Bank 12/29/2005 1,000,000.00 998,440.00 1,000,000.00 4.650 4.586 4.650 212 09/29/2006 --- Subtotal and Average 9,964,285.71 9,000,000.00 8,966,880.00 9,000,000.00 4.219 4.277 189 Investment Contracts SYSCFD 03-1-4 CFD 03-1-4 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 10,045 08/31/2033 SYSCFD 03-03-5 CFD 03-03-5 IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 10,410 08/31/2034 SYSCFD 88-12-2 CFD 88-12-2 IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.499 5.575 4,202 09/01/2017 SYSCFD 88-12-4 CFD 88-12-4 IXIS Funding Corp 07/24/1998 1,531 ,468.76 1,531 ,468.76 1,531,468.76 5.430 5.509 5.585 4,202 09/01/2017 --- Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.288 4.348 7,859 Total and Average 137,871,395.46 134,827,607.70 133,856,281.93 134,819,967.70 3.867 3.921 500 Run Date: 03/30/2006-10:31 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Cash February 28, 2006 Page 5 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Retention Escrow Account SYSRJ NOBLE RJ NOBLE Bank of Sacramento 0.00 0.00 0.00 1.250 1.233 1.250 SYSBARN HART 1 BARN HART 1 California Bank & Trust 1,125,299.91 1,125,299.91 1,125,299.91 2.400 2.367 2.400 SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 08/04/2005 380,021.71 380,021.71 380,021.71 1.250 1.233 1.250 SYSRIV CONST 1 RIV CONST 1 Community National Bank 152,088.73 152,088.73 152,088.73 2.350 2.318 2.350 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2005 1,700.00 1,700.00 1,700.00 0.000 0.000 SYSFlex Ck Acet Flex Ck Acet Union Bank of California 07/01/2005 1,711.25 1,711.25 1,711.25 0.000 0.000 SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2005 1,638,999.76 1,638,999.76 1,638,999.76 0.000 0.000 OLD TOWN CK ACC OLD TOWN CHK Union Bank of California 01/01/2006 30,279.80 30,279.80 30,279.80 0.000 0.000 SYSParking Ck Parking Ck Union Bank of California 07/01/2005 6,738.00 6,738.00 6,738.00 0.000 0.000 Average Balance 0.00 Total Cash and Investmentss 137,871,395.46 138,164,446.86 137,193,121.09 138,156,806.86 3.867 3.921 500 Run Date: 03/30/2006-10:31 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a Cash and Investments Report CITY OF TEMECULA Through February 2006 Fund Total 001 GENERAL FUND $ 41,368,803.92 101 STATE TRANSPORTATION FUND 186,389.73 120 DEVELOPMENT IMPACT FUND 9,662,725.32 150 AB 2766 FUND 310,971.77 165 RDA DEV LOW/MOD 20% SET ASIDE 11,252,500.08 170 MEASURE A FUND 5,229,271.23 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,035,623.90 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 107,979.43 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 78,517.47 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 62,854.75 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 33,276.09 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 378,303.32 210 CAPITAL IMPROVEMENT PROJECT FUND 16,739,514.13 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 2,896,633.91 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 6,237,775.73 274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 70,810.17 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 18,614,968.83 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 3,950,686.65 280 REDEVELOPMENT AGENCY - CIP PROJECT 1,965,972.00 300 INSURANCE FUND 1,366,594.39 310 VEHICLES FUND 577,169.91 320 INFORMATION SYSTEMS 783,877.41 330 SUPPORT SERVICES 214,026.81 340 FACILITIES 93,435.31 380 RDA 2002 TABS DEBT SERVICE 1,843,174.46 390 TCSD 2001 COP'S DEBT SERVICE 1,286.00 460 CFD 88-12 DEBT SERVICE FUND 3,889,258.86 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 1,673,321.66 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,799,011.04 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 208,051.13 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 3,989,157.58 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 571,178.10 Grand Total: $ 137,193,121.09 I~-- . , II ITEM NO.5 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ /)/L Lf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 11 , 2006 SUBJECT: First Amendment to Professional Consultant Services Agreement for NPDES Permits Plan Check and Inspection Services PREPARED BY: Aldo Licitra, Associate Engineer (NPDES) RECOMMENDATION: That the City Council approve the First Amendment to the Professional Consultant Services Agreement with AEI-CASC Engineering for Plane heck and Inspection Services required by the City's NPDES permit in the amount of $25,000.00, and authorize the Mayor to execute the amendment. BACKGROUND: Under EPA's National Pollutant Discharge Elimination System (NPDES) program, the City of Temecula (City) was issued an NPDES permit that obligates us to require developers to submit Water Quality Management Plans (WQMPs) demonstrating how pollutants will be mitigated throughout the life of their completed development. It is anticipated that most new developments will require this additional engineering study. The NPDES permit also mandates that the City conduct detailed inspections at existing commercial and industrial businesses to determine whether the facilities and operations are in compliance. Currently, the City is responsible for the inspection of approximately 600 businesses either annually, biennially, or once during the permit term, depending on their designated status. As a result of the above obligations, AEI-CASC Engineering was contracted to assist the City in reviewing WQMPs and performing inspections. Under the existing Professional Consultant Services Agreement (B SA) with AEI-CASC Engineering dated September 1, 2005, the City originally approved $20,000.00 to fund this work based on estimated costs. However, a current review of the actual costs over the past six-months has indicated that it is necessary to modify the original allocation by an additional $25,000.00 to complete the required annual inspections for FY 2005- 2006and continue reviewing WQMPs. As such, the First Amendment to the AEI-CASC PCSA is necessary in order to maintain compliance with the NPDES permit requirements. FISCAL IMPACT: Adequate funds are available in Fiscal Year 2005-2006 Public Works Department NPDES Compliance Division, Consulting Services Account No. 001-164-605-5248. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND AEI-CASC ENGINEERING NPDES PERMITS WATER QUALITY MANAGEMENT PLANS (WQMP) PLAN CHECK and INSPECTION SERVICES THIS FIRST AMENDMENT is made and entered into as of April 11, 2006 by and between the City of T emecula, a municipal corporation ("City") and AEI-CASC Engineering ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On September 1, 2005 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for NPDES Permits Plan Check and Inspection Services ("Agreement") in the amount of Twenty Thousand Dollars and No Cents ($20,000.00). B. The parties now desire to increase the payment for additional NPDES Permit Plan Check and Inspection Services in the amount of Twenty Five Thousand Dollars and No Cents ($25,000.00) and amend the A9reement as set forth in this Amendment. 2. Section 5 a., Pavmen~ 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 Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The First Amendment amount shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000.00) for additional N PDES Permits Plan C heck a nd Inspection Services for a total contract amount, of Forty Five Thousand Dollars and No Cents ($45,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R\Agreements\NPDES\AEI CAse Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT AEI-CASC Engineering 937 S. Via Lata, Suite 500 Colton, CA 92324 (909) 783-0101 Ceazar Aguilar, Vice President Richard J. Sidor, Corporation Secretary (Two Signatures Required For Corporations) I~-- . , II ITEM NO.6 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager v /J/2 tf CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 11 , 2006 SUBJECT: Contract Agreement for Traffic Signal Timing Evaluation and Coordination - Winchester Road, Rancho California Road and 79 South PREPARED BY: Ali Moghadam, Principal Engineer - Traffic RECOMMENDATION: That the City Council: 1. Approve a Contract with Republic Electric in the amount of $60,000.00 for traffic signal timing evaluation and coordination for Winchester Road, Rancho California Road and 79 South and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve contract change orders not to exceed the contingency amount of $6,000.00, which is equal to 10% of the contract amount. BACKGROUND: Currently, the traffic signals on Winchester Road, Rancho California Road and 79 South are coordinated; however due to the increase in traffic volumes and several roadway improvements, the traffic signal coordination timing should be re-evaluated and modified as necessary. Although the City has taken over the maintenance of Winchester Road and 79 South from Caltrans, the ramp signals on Winchester Road, Rancho California Road and 79 South remain under Caltrans' jurisdiction. Therefore, the new traffic signal timing, which will include the ramp signals, must be submitted to Caltrans for review and approval. After relinquishment of a portion of Winchester Road and 79 South by Caltrans, the City installed new traffic signal controllers including new and updated software. The proposed traffic signal timing coordination will include four time-of-day plans for weekdays and two time-of-day plans for weekends. Extra attention will be given to fine tuning the coordination timing after the initial timing implementation. Also, additional attention will be given to weekend plans to accommodate the Promenade Mall and Pechanga Casino traffic. Staff interviewed the Engineering Division of Republic Electric, which is currently providing on-call traffic signal maintenance services for the City. In addition to traffic signal maintenance, Republic Electric's Engineering Division has extensive expertise in traffic signal timing coordination. Republic Electric will dedicate many hours to observe the new coordination timing and make fine tuning in the field. FISCAL IMPACT: Adequate funds are available in the Public Works Department, Traffic Division Consulting Services Fiscal Year 2005-2006 Operating Budget Account No. 001-164-602- 5248. The total project cost is $66,000.00, which includes the contract amount of $60,000.00 plus 10% contingency amount of $6,000.00. ATTACHMENTS: Contract CITY OF TEMECULA CONTRACT AGREEMENT FOR TRAFFIC SIGNAL EVALUATION AND COORDINATION WINCHESTER ROAD, RANCHO CALIFORNIA ROAD and 79 SOUTH THIS CONSTRUCTION CONTRACT, made and entered into as of April 11 ,2006 by and between the City of Temecula, and Republic Electric ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Term. This Agreement shall commence on April 11, 2006 and shall remain and continue in effect until April 11 , 2007 unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK. Contractor shall constru.ct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. (''Work'') and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 3. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of Sixty Thousand Dollars and No Cents ($60,000.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibits A or B is null and void and not part of this Agreement. 4. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL. All labor. materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. CHANGE ORDERS. The City Manager may approve additional payment up to ten (10%) of the Agreement, but in no event shall the total sum of the Agreement (basic contract amount and change order(s)) exceed twenty-five thousand dollars ($25,000.00). Change orders exceeding these limits shall be approved by the City Council. 7. WAIVER 0 F CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 1 R:\Agreemenls\Traffic AgreemenlslRepublic Signal Coordination Agnnt 8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor 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. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and -1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor 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. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractorthe 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 Contractor will submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:\AgreementsITraffic AgreementslRepublic Signal Coordination Agnnt 11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, 'excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductihlp's 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 vollmteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities 3 R:\Agreements\Traffic Agreements\Republic Signal Coordination Agrmt performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by- the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its. officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this 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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coveraae. Contractor shall furnish the District with original endorsements effecting cQverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. PERFORMANCE AND LABOR MATERIAL BONDS. Prior to commencement of the Work, Contractor shall provide the City with a Performance Bond in the amount of the contract and a Labor and Materials Bond in the amount of the Contract from a surety acceptable to the City. 14. TIME OF THE ESSENCE. Time is of the essence in this Contract. 4 R:\Agreements\Traffic Agreements\Republic Signal Coordination Agrmt 15. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 16. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 17. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 18. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 19. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 20. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California GOVernment Code Section 4215. 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 5 R:\AgreementsITraffic AgreementslRepublic Signal Coordination Agnnt 22. INSPECTION. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. 23. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 24. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Republic Electric 4200 Osgood Road, #112 Fremont, California 94539-5043 Steve Fitzsimons, P.E., Senior Traffic Engineer 25. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 26. LICENSES. At all times during the term of this Agreement, Contractor shall . have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 27. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of Califomia 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 jurisdiction over the City of Temecula. 28. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 6 R:\Agreements\Traffic Agreements\Republic Signal Coordination Agrmt 29. 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. 30. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 1111 1111 7 R:\Agreements\Traffic Agreements\Republic Signal Coordination Agrmt IN WITN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Republic Electric 42000 Osgood Rd., #112 Fremont, CA 94539-5043 Phone: (510) 440-8127 FAX: (510)440-1751 Steve Fitzsimons, P.E., Sr. Traffic Engineer Jim Wagner, Vice President Engineering Two signatures of corporate officers required) 8 R:\Agreements\Traffic Agreements\Republic Signal Coordination Agrmt EXHIBIT A SCOPE OF WORK AND SCHEDULE OF PAYMENT TRAFFIC SIGNAL EVALUATION AND COORDINATION WINCHESTER ROAD, RANCHO CALIFORNIA ROAD and 79 SOUTH 9 R:\AgreemenlsITraffic AgreemenlslRepublic Signal Coordination Agrmt .~ l1lijjr", ""hili} 1l!I!jf"lbiiNi)",I'~ Republic Electric 42000 Osgood Road, # 112 Fremont, CA 94539-5043 CA Lie: 647154 March 20, 2006 = . . AIi S. Moghadam, P.E. City of T emecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 ~ Subject: Cost Proposal for Winchester Road, Rancho California Road, and 79 South Traffic Signal Timing Dear Mr. Moghadam: Per our meeting and subsequent discussions with Jerry Gonzales, this letter presents a fee proposal to update the traffic signal coordination timing plans at 13 locations on or adjacent to Winchester Road in Temecula. The work will include evaluation of coordination settings and development of recommendations for four peak periods. The following sections present a scope of services, schedule, and fee. SCOPE OF SERVICES The signal timing services to be provided include the following items: PHASE I - WINCHESTER ROAD Task 1.1 - Data Collection Republic Electric will obtain peak hour turning movement counts at 7 of the 13 study intersections during the AM, Midday, PM, and Weekend peaks. The full list of intersections and the traffic count action is shown in the table below. Intersection Use 2004 2004 Count No 2004 Count with not useful - Count- growth factor Collect New Collect New I Winchester at: I I I 1. Diaz Road I I X I 2. Enterprise Circle W I I X I 3. Jefferson Ave I X I I 4.1-15 Southbound Ramps X' I I I 5.1-15 Northbound Ramps X' I I I 6. Ynez Road I X I I 7. Promenade Mall West X I I I 8. Margarita Meadows X I I I 9. Margarita Road I X I 10. Rorlpaugh Road X I I AIi S. Moghadam, P.E., City of T emecula March 20, 2006 Page 2 I 11. Nicolas Road I Ynez Road at: I 12. Promenade North I 13. Promenade South I * = ConfIrm by taking spot counts oftnrning moves. x x X Based on an evaluation of count data furnished by the City, counts will be collected during the following times: Weekday: AM - 7-9 Midday - II AM to I PM PM - 3-6 Saturday from 10:00 AM to noon (or time agreed with City staff) We will enter new turning movement count data into the Synchro file already furnished by the City. 24-hour machine count data has already been furnished by the City and no new machine count collection is included. Task 1.2 - Update and Calibrate Synchro Model Republic Electric will complete the following tasks to update and calibrate the Synchro model: .:. Verify the signal timing settings in the Synchro model by comparing them to the timing sheets already sent by City staff .:. Look at Level of Service output for general conformity with field observations .:. Review the Simtraffic output for queuing problems and general platoon predictions .:. Review a sample of distances between intersections and turn pocket lengths and update if needed .:. Conduct a detailed field review with focus on the following factors: o Collect saturation flow data at select locations o Collect a sample of travel time runs o Check lane utilization at key locations such as ramp intersections o Verify the 120 second system cycle length and observe percent saturation as a validation of the system cycle .:. The field review will include observations of Saturday midday traffic Send the updated files to the City for review. Task 1.3 - Optimize Settings and Prepare Timing Sheets Republic Electric will use the Synchro model with an iterative process to optimize the traffic signal coordination settings, by allowing Synchro to optimize the network first and then reviewing the output. The focus of the review will be time-space plots and visual optimization of offsets. Republic Electric will manually input to changes to Synchro. The model will next be reoptimized and new Measures of Effectiveness (MOEs) compared to the prior outputs. Multiple iterations will be completed until MOEs no longer show substantial improvements. REPUBUC ELECTRIC Ali S. Moghadam, P.E., City of T emecula March 20, 2006 Page 3 Based on a review of the expected improvements and of daily count profiles, Republic Electric will recommend implementation times for the new coordinated plans. This is expected to include 4 plans, possibly designated for AM, midday, PM, and weekend midday. However, it is possible the weekend plan will also be appropriate for evening implementation at some locations. Republic Electric will mark up the existing timing sheets to reflect the new optimization settings. Care will be taken to note any changes that may impact adjacent intersections that are within the Winchester system but not included in the list of study intersections. Send the optimized model and marked up timing sheets to the City for review. This proposal assumes changes will be implemented by Republic Electric staff. Task 1.4 - Field Fine Tuning This task will include start with a general review of implemented timing to verify that it matches the expected results. Republic Electric will review platoon arrivals at each intersection, queue lengths, and travel time speeds on the corridor. Where needed, changes will be noted to implement later and be reviewed on the following day. When the initial fine tuning effort is complete, Republic Electric recommends letting the plans operate for a period of 2-3 weeks, then completing a final field review of operations. Further adjustments can be made as needed. Task 1.5 - Final Report Republic Electric will complete a very brief final report summarizing the work completed for each task, a comparison of expected improvements based on the Synchro model output, and a comparison of measured travel times. PHASE 2 - Rancho California Road and 79 South Task 2.1 - Prepare Scope of Work for Phase 2 When notified by the City, Republic Electric will prepare a scope of services similar to the Phase I scope for the Phase 2 work. This proposal assumes the following: .:. Phase 2 will include up to 17 intersections along Rancho California Road, Winchester Road, and Route 79 South .:. The City will provide a Synchro model, available turning movement traffic count data, current machine count data, and current timing sheets. .:. Republic Electric will complete data collection, model calibration, optimization, implementation, and final reports as outlined in Phase I. SCHEDULE Republic Electric will complete Tasks 1.1-1.3 within 8 weeks from Notice to Proceed, assuming no delays in data collection because of rain, lane closures for construction, or other factors outside our control. This schedule assumes a I-week City review ofthe updated model in Task REPUBLIC ELECTRIC AIi S. Moghadam, P.E., City of T emecula March 20, 2006 Page 4 1.2. Republic Electric will complete the initial fine tuning effort of Task 1.4 within two weeks for receipt of City's approval of the recommended changes and implementation of the timing. The final field review will be completed at the City's convenience. The final report will be completed within 3 weeks from completion of the fine tuning. Phase 2 work will be completed on a mutually agreeable schedule to be determined in Task 2.1. FEE The Scope of Services for Phase I can be completed on a lump sum basis for a fee not to exceed $25,350, based on the estimate of hours shown below. I TOTAL HOURS I COLUMN COST I Expenses I TOTAL COST I 1 Senior Associate En ineer En ineer Hourlv Rate $165 $140 I 61 1 I 81 241 81 141 2 I 32 I 21 161 26 I 86 I $4,290 I $12,040 I Staff En ineer $120 1 1 241 I I 241 $2,880 1 Sen ior Assistant $115 1 1 121 81 1 201 $2,300 1 CAD Tech $60 1. Data Collection 2. Update and Calibrate Svnchro Model 13. Optimize Settings and Prepare Timing Sheets 1 4. Field Fine TuninQ I 5. Final Report I 1 1 I 1 I 1 41 41 $2401 $3,600 I $25,350 J The scope of services for combined Phases I and 2 will be completed for a fee not to exceed $60,000, based on an average cost per intersection of $2,000. This offer shall be accepted by delivery to us of a copy of this offer duly signed by you in the space provided. Acceptance of this offer shall constitute a written contract for the engineering services included in the above description of the work to be performed. Payment for the described engineering services is included in the tump sum amount stated above for tabor, materials and equipment. Either party seeking to terminate this contract prior to its fult completion must do so in writing and include a written statement of reasons for early termination. The foregoing offer is hereby accepted this day of .2006. Please return one signed copy to Republic Electric. City of T emecula REPUBLIC ELECTRIC By: Steve Fitzsimons, P.E. RCE 36435 Title: REPUBLIC ELECTRIC I~-- . , II ITEM NO.7 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /JiZ Cf CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: William G. Hughes, Director of Public WorkslCity Engineer DATE: April 11 , 2006 SUBJECT: Professional Services Agreement for Bridge Inspections - Roripaugh Ranch Butterfield Stage Road bridges over Long Valley Wash and over Santa Gertrudis Creek PREPARED BY: Greg Butler, Principal Engineer RECOMMENDATION: That the City Council approve: 1. Approve the Professional Services Agreement for Bridge Inspections of the Roripaugh Ranch Butterfield Stage Road bridges over Long Valley Wash and over Santa Gertrudis Creek with T.Y. Un International in the amount of $150,000.00 and authorize the Mayor to execute the agreement; 2. Authorize the City Manager to approve Extrawork Authorizations not to exceed the contingency amount of $15,000, which is equal to 10% of the agreement. BACKGROUND: In gaining approval of the Roripaugh Ranch Development, the developer, Ashby USA, was conditioned to provide numerous infrastructure improvements. The Butterfield Stage Road bridges are two of several improvements Ashby USA will be completing to mitigate the traffic impacts of the Roripaugh Ranch Development. Due to the specialized nature of bridge construction, it is necessary to supplement the public works inspection staff with a Bridge Construction Engineer/lnspector. Previously staff solicited proposals from 3 firms that employee individuals that have the specific expertise needed. Of the two firms that responded, T.Y. Un International (TYLI) was selected to provide the needed services for a similar structure within the development based upon the unique qualifications of their staff, their demonstrated capability with similar projects for the City, and their demonstrated project understanding. Because TYLI is currently providing bridge engineeringlinspection services for another bridge structure within the development, the City will be able to realize a cost savings by having TYLI perform the inspections on these structures concurrently. A separate agreement is necessary to segregate costs between CFD and non-CFD facilities. FISCAL IMPACT: The subject professional services agreement will be funded with special inspection fees collected from the Developer, as detailed in the Deposit Agreement for Butterfield Stage Road bridges over Long Valley Wash and over Santa Gertrudis Creek - Bridge Special Inspection. Adequate funds have been collected for this agreement and are available in Account No. B001-2613. Ultimately the Developer will be able to recover these fees through the Roripaugh Ranch CFD acquisition process. ATTACHMENTS: Professional Services Agreement AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BRIDGE INSPECTIONS for RORIPAUGH RANCH BUTTERFIELD STAGE ROAD BRIDGES OVER LONG VALLEY WASH AND OVER SANTA GERTRUDIS CREEK CFD 03-02 THIS AGREEMENT is made and effective as of April 11 , 2006 between the City of Temecula, a municipal corporation ("City") and T.Y. Lin International ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on April 11 , 2006, and shall remain and continue in effect until tasks described herein a re completed, but in no event later than December 31, 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, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, 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 i n 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 California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the CalifOrnia Department of Industrial Relations' Internet web site at http://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, 1777.5,1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $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 One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 1 R:ICIPIProjects\DistrictsICFO 03-02 RoripaughlConsullantslTY Un inter-Butterfieid Slage Bridges b. . Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or up to twenty-five thousand dollars ($25,000.00) in total. 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 a 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 Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 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 the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines thatthe Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:ICIPIProjectsIDistrictsICFD 03-02 RoripaughlConsultantslTY Un Inter-Butterfield Stage Bridges 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- 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 0 f a II work, data, documents, proceedings a nd activities 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. 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 attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or deatl1 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 Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 3 R:\CIPIProjects\Oistricts\CFO 03-02 Roripaugh\Consultants\TY Un Inter-Butterfield Stage Bridges (4) Professional Liability Insurance shall be written on a policyform providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million 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 projecVlocation 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. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accidentfor bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provision~. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the poliCies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4 R:\CIP\Projects\Oistricts\CFO 03-02 Roripaugh\Consuitants\TY Un Inter-Butterfield Stage Bridges (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this 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. Acceotabili\V of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. Consultant shall furnish the City with 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 effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters of support, testimony at depositions, response to interrogatories 0 r other information concerning the work performed under this Agreement or relating to any project or 5 R:\CIP\Projects\Oistricts\CFO 03-02 Roripaugh\Consultants\TY Un Inter-Butterfield Stage Bridges property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (Hi) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address ofthe 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: City Manager To Consultant: T. Y. Lin International Mailing Address: 5030 Camino de la Siesta, Suite 204 San Diego, California 92108 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 thatthe 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. 6 R:\CIPIProjects\Oistricts\CFO 03-02 Roripaugh\Consuitants\TY Un Inter-Butterfield Stage Bridges 18. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non..contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any 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 obligatio(1s 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:\CIP\Projects\Districts\CFO 03-02 Roripaugh\Consultants\TY Un Inter-Butterfield Stage Bridges IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT T. Y. Lin International 5030 Camino de la Siesta, Suite 204 San Diego, CA 92108 (619) 692-1920 Fax (619) 692-0634 IN. Mark Ashley, Sr. Vice President Joe Tognoli, Vice President (Two Signatures of Corporate Officers Required For Corporations) 8 R:\CiPIProjects\Olstricts\CFO 03-02 Roripaugh\Consultants\TY Lin Inter-Butterfield Stage Bridges EXHIBIT A TASKS TO BE PERFORMED The Scope of Services for this agreement consists of the necessary Construction Management and Inspector activities involved with the Roripaugh Ranch Butterfield Stage Road bridges over Long Valley Wash and over Santa Gertrudis Creek CIDH pile construction, and review of the Contractor's submittal of the pile placing plan. The Consultant's proposal is attached as part of this Agreement. g R:\CIP\Projects\Oistrlcts\CFO 03-02 Roripaugh\Consultants\TY Un Inter-Butterfield Stage Bridges Proposal North Loop Road and Butterfield Stage Road over Santa Gertrudis Channel, and Butterfield Stage Road over Long Valley Wash Structure Construction Management and Construction Engineering/Inspection Services Prepared for: City of Temecula Prepared by: T.Y. Lin International Revised: March 24, 2006 Project Description This proposal is to provide Structure Construction Management, Construction Engineering and Inspection services as required for the construction of the South Loop Road/Butterfield Stage Road Bridge over Santa Gertrudis Channel and the Butterfield Stage Road Bridge over Long Valley Wash. These two structures are two span, precast concrete arch structures on cast-in-drilIed-hole pile foundations, with cast-in-place concrete retaining waIl wingwalls on cast-in-drilIed-hole pile foundations. The total length of both structures is 650 feet; there are 292 piles, and 308 precast concrete bridge segments combined for both structures. Scope of Services The Structure Construction Manager/Engineer/Inspectors provided by the Consultant shall monitor the operations of the Contractor and Subcontractors for compliance with contract documents and document field construction operations. Construction Management/ Engineering services shaIl include the following activities: A Monitoring of Construction Operations for Contract Compliance 1. Earthwork (structure excavation and backfill) 2. Form construction and placement (footings, retaining walls) 3. Reinforcing steel placement (footings, retaining walls, piles) 4. Cast-in-place pile steel drilling and concrete placement 5. Concrete delivery, placement, and curing 6. Precast arch placement 7. Cable railing placement 8. Concrete finishing B. Contract Administration 1. Coordinate agency oversight and inspection with other agencies as necessary 2. Coordinate material testing/ quality control and surveying, review test reports and survey notes "r:Y.UNINTERNATIONAL City of Temecula Proposal for Santa Gertrudis Channel and Long Valley Wash Bridges March 24, 2006 Page 2 of 3 3. Attend weekly progress meetings and other meetings with the contractor and owner as necessary 4. Monitor contractor's schedule 5. Prepare field inspection diaries covering structure construction operations 6. Negotiate and prepare contract change orders as needed 7. Review monthly quantity estimates for progress payments 8. Check construction grades 9. Review contractor submittals, including: . Temporary shoring plans if required . Pile placement plan . Concrete mix designs and aggregate gradings . Payment requests 10. Keep a record of all as-built changes for inclusion into the final project as-built drawings C. General The Engineer/Inspector shall be present at the project site on a part-time basis to provide a satisfactory level of monitoring the work. It is anticipated that much of the work on this project will require full time inspection, per Caltrans and City of Temecula standard procedures. The Engineer/Inspector and/ or his representative shall provide continuous inspection during the following operations: 1. All concrete placement operations 2. All pile drilling and concrete placement operations 3. Precast arch placement All other inspection will be performed on an as-needed basis, with efforts focused on identification of possible schedule and cost-impacting issues, as well as nonconformity to the contract plans and specifications. Work to be Performed by Others A. Control Surveying 1. Staking of abutment, foundations, bridge layout lines 2. Establishing temporary bench marks B. Materials Testing 1. Concrete plant inspection 2. Concrete field sampling, testing and lab 3. Reinforcing steel tests 4. Soil testing, inclucting compaction testing 5. Welding inspection and testing T-YUNINTERNATIONAL City of Temecula Proposal for Santa Gertrudis Channel and Long Valley Wash Bridges March 24, 2006 Page 3 of 3 C. Miscellaneous 1. Traffic control submittals will be reviewed and approved by others. 2. Asphalt and subgrade construction above the structure is not shown on the structure plans, thus inspection of these items is omitted. 3. The utility companies or agencies that will own the ducts in or above the structure should perform utility installation inspection and testing. Consultant Compensation Consultant services will be billed on a time-and-materials basis for work performed in accordance with the Schedule of Fees included with this proposal as Exhibit A. Charges will include mileage and travel time from either the employee's home or T.Y. Un International's office, whichever is less. Vehicles will be charged per mile in accordance with the Schedule of Fees included with this proposal as Exhibit A. This schedule of fees is valid until the end of 2006. Based on the information known to date, and estimating a construction time of eight months, we are estimating that the total fee for these services should not exceed $150,000. Attached to this proposal, as Exhibit B, is a detailed cost estimate based on estimated items of work. This estimate represents the level of effort that is typical for this type and size of construction project, but the level of inspection and management effort can be adjusted based on the client's needs. Please note the actual inspection time required can vary greatly based on the production rates of the contractor for all full-time inspection work. The majority of the work on this project requires full-time inspection. This proposal estimates that the pile placement production rate will be eight piles per day during normal working hours. Much of the work may be performed concurrently, depending on the contractor's means and methods as well as his schedule. This estimate of fee is based on some significant overlap in operations and inspection requirements. Once a schedule is provided, we can revise our estimate of fees accordingly. It is recognized that due to the nature of field construction and the highly variable condition and circumstances that may be encountered, it is very difficult to accurately predict the exact level of construction managemenf/inspection services tlzat will be needed. If the construction contractor is cooperative and the project proceeds smoothly, a reduced level of effort may be appropriate. Conversely, difficult field conditions or relations with the contractor/oversight agency or an extended construction period could require additional effort. Also, contract clzange orders may require greater inspection and management effort than anticipated at the beginning of the project. The awner will be informed of these conditions as the project progresses. Work will not be performed above the contract amount until T. Y. Lin International has received direction in writing autlwrizing the additional work and budget necessanj to perform that work. '1':v:LlNINTERNATIONAL EXHIBIT B FEE SCHEDULE 10 R:\CIPlProjects\Oistricts\CFO 03-02 Roripaugh\Consultants\TY Un Inter-Butterfield Stage Bridges "1 CLASSIFlCAnON I Snr.''''''' Canst. Ass'l Ennlnetr BCE fTASK _________ RATE: I $130.00 $95.00 bC~:R~~E CONSTRUC=~N_~T~:'~G_I__:: _ _;~ J PILE LAYOUT AND REBAR 13.0 __ 0.0 I ~1"","lfil:6_1IG'iAN.r_ElE't"''.if'~;''l{c..;.;p;;t<<if'_-;0j -", CHECK ABUT FOOTING REBARlFORMS II 13.0 0.0' -!t~~.2k" ESTIMATE OF FEES Long Valley Wash Bridge Construction Services T.Y.lbJ International 3/24/2006 FEES COMMENTS $1.462.501' $845.00 I $1.690.001---.. iij~ilIfiiS:af8~~it;;g:( $1.690.00.11 I -1 Hi';;1 ,'5i:<;:;::?;iY\::f-;; >>~L .~ ICHECKWAU.FOOTlNGREBARlFORMS II 17.0 b 0.0 I $2.210.0011 ~'~-'~---'~~I~-~~-~'-,".:oe--~r--~"~M-'"--'=""""---"""_~,"____"T_"'__'__"'___'I "';:;u,r.'w~~m'Jt:11"'.';>-~:'In"'~""("'t.;Hl t<iW?-<::f.lI%~j.! :~.~ 4lW tzt'* - _ - t'W~'Sib))*';<:"'~~.~_*L'''''_,~~~,Ylf,i{,0.J.0f:c''''''',''-~~.i_?<_P5"':;:,i:-2it; CHECK WALl AEBARlFORMS II 17.0 0.0 $2.210.00 I I ISET HEADWAtLS IrNSPECT RAILING JNSTAUATION IINSPECT ARCHITECTURAL ENCHANCEMENTS IDRYFINISH IPREPARE & INSPECT PUNCH LIST I I I I I CONTRACTOR SUBMITTALS IREVIEW PILE PLACING PLAN IREVIEW PRECAST SHOP DRAWINGS REVIEW MISC ICONC MIXES. MATlS. ETC\ REVIEW SCHEDULE & UPDATES MISCELLANEOUS MEETING AlTENDANCE II PREPARE BRIDGE CONSTRUCTION REPORTS 11 REVEIW MONTHlYPROORESS PAYMENTS II RESPOND TO CONTIRE QUESTIONS II AS-BUJlTREVIEW 11 PROJECT MANAGEMENT @I 5% II I OFFICE WORK SUBTOTAL: II I FIELD WORK SUBTOTAL: II I TYlINTOTAl: I, I SubconsvltBnts I ISulVsvina reSlin~ FIELD WORK SUBTOTAL: 0.0 15.0 9.0 0.0 4.0 0.0 9.0 0.0 21.0 0.0 0.0 0.0 0_0 0.0 225.0 161.5 4.0 8.0 0.0 0.0 0.0 16.0 8.0 0.0 0.0 0.0 12.0 12.0 20.0 20.0 8.0 0.0 40.0 0.0 4.0 27.0 0.0 123.0 56.0 ~~.~ 161.5 348.0 217.5 348.0 II 217.5 TOTAL: OTHER DIRECT COSTS: UII",ane Calculallnm:; Total Travel Time: Time per RT: Miles per RT: Total # of Trips: Total Miles: Mileage @ $0.55fmile: 100 HRS 2.5 HRS 140 MilES 39.8 5572 MILES $3.064.60 Butterfield-long Valley-CM Temecula2a:ds $1.425.0011 $1.170.0011 $520.0011 $1.170.0011 $2.730.0011 so.ooll so.ooll $44,592.50 II II II ".280.00 II ,0.0011 II $1.520.0011 U $1.040.0011 II so.ooll II $2,700.0011 II $4.500.00 II II ".040.00 II II $5.280.0011 II $520.00 I II $3.510.00 II II $21.310.00 II 11 $44.592.50 II i $65.902:: Ii I $0.0011 II 565.902.50 II. $3,064.60 Mileage $659.00 (shipping, repro, photo, etc) 50.00 569.Q26.10 ~ Page 1 011 EXHIBIT B 5:14PM 3/2412006 ESTIMATE OF FEES Santa Gertrudis Channel Bridge Construction ServIces T.Y.Unlnttrnaliotud 3/2412006 ITASK -"tAT~: I lcl-lECK BRIDGE CONSTRUCTION STAKING llNSPFTGEXC ~~=~;~ItEtt~\i/'; CHECK ABUT FOOTING RESARlFORMS r:l-ASSlFlCATtON Snr.Bl1dge COn.t. ~~IIHI' ~1~1l~ T~,", - ~~ CLASSIFICATION Snr.Brtdge Con". ~l_r S131l.QO ...., BCE $95,~__ Trawl TI~ BCE ISETHEADWAUS IINSPECTRAIUNG INSTAllATION I 4.0 hN!lPFCT ARt':HITI':CTIJRAl. F;NCHANCEMENrn ! 4.0 lORY FINISH .~.___ !~~. IpREPARE & INSPECT PUNCH LIST 16.0 I I I AEl.OWORKSUBTOTAL: 145.0 I I I CONTRAcroR SUBMiTTALS -t IREVIEW PILE PLACING PLAN IRl=Vfl'W PRFCA.~T!'lwnP I'lRAW1NCl!l IREVIEW MISe (CONe MIXES. MAns. ETC\ 'REVIEW SCHEOlH.E & UPDATES I IItSCEUANEOllS It.4EETING AT'f1';NOANCE (PREPARE BRIDGE CONSTRUCTION REPORTS IREVElW MONTHLY PROGRESS PAYMENTS IRESPOND TO CONTIRE auesTIONs 40.0 IAS_BlJllTREVI!;w 4.0 IPROJECTMANAGEMENT@ 5% 39.0 I OFFICE WORK SUBTOTAL: 83.0 I FIELD WORK SUBTOTAL: 145.0 I TYUNTOTAL: 2211,0 (JIb,""""""""",. ISuNevlnlJ ITttsllnB 5.' 430.0 50.0 111.5 .., ....~_. ?l.n ,. ,., 195.0 . :: ~II- ,., I ~-_._.- _._-~-_. 5.' ,., 430.0 430.0 ,., I ,., -j- ,., i ,., ,., ,., " " " ,., ,., ,., ,., ,., ~, " .., " 39.0 ,., '" ,., EO.' ,., 511.0 111.5 195.0 ",. .... 111.5 278.0 541.5 TOTAL: OTHER DIRECT COSTS: Mlleaaa Calculations Total Travel Time: lIme per RT: MUes per AT: Total # of Trips: TolalMiles: Mileage @ $O.55/m~e: 228.0 II 430.. 115..00 . 111." MILEAGE: OOC'S: PER DlEM/lODGING: HRS GRAND TOTAL: HRS MilES 278.0 II 162 HRS 2.5 HRS 140 MilES 64.6 9044 MilES $4,974.20 MilES Santa Gertrudls.CM Tttmeoula2axls Page 1 of1 EXHIBIT B ...., BCE Sll5.00 FEES COMMENTS ~ ,., I I -1 I 541.5 : ,'-", ".00 $76.792.50 All submlltlll ((lVI(lwlncludlld on Lllllll ValltIV Wasil Bllda, so.oo, so_oo, SO.oo, ".00 , I,losl Rttms Includ9don L",,,, Vall/lV Wasil BrI00fl , so.oo, SO.OO, ".00 , SS.2Oll.oo , $520.00, $5.070.00 , $10.790.00 J[~~~ 641.5 II ~.5B2." $4,974.20 Mileage $876.00 (shipping, repro, photo, ale) ~_o.oo $93,432.70 5:14PM 3/2412006 I~-- . , II ITEM NO.8 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~ IJIL ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 11 , 2006 SUBJECT: TUMF Reimbursement Agreement - French Valley Parkway PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council approve the model agreement in the amount of $7,517,000 forthe Funding of TUMF Regional Arterial Improvements between the Riverside County Transportation Commission (RCTC) and the City of Temecula for the French Valley Parkway 1-15 Overcrossing and Interchange Project in substantially the same format as attached, and authorize the City Manager to execute the final agreement in substantially the same format as attached, and authorize the City Manager to execute the final agreement. BACKGROUND: In June 2004, the Riverside County Transportation Commission (RCTC) issued a Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Call for Projects to member agencies in Western Riverside County. Of the 24 local jurisdictions projects that were approved as eligible to receive TUMF Regional Funding, the City ofTemecula received approval for all three of its project submittals; (1) the French Valley Parkway/I-15 Overcrossing and Interchange, (2) the Interstate 15/State Route 79 Ultimate Interchange, and (3) the Western Bypass Corridor Alignment Study. As part of this process, the Commission established a five-year TUMF Regional Arterial Program from FY 2005-09 and approved the model TUMF Regional Funding Agreement between local agencies and RCTC for the selected TUMF projects. The purpose of the Agreement between local agencies is to ensure that the local agencies complete the various phases of the work as detailed in the project proposals. A separate agreement is required for each project, with funding allocated on a two-year basis for the various work phases of each project. The attached model agreement represents the reimbursable costs approved by RCTC as part of the TUMF Regional Call for Projects for the French Valley Parkway/I-15 Overcrossing and Interchange Project. Since the reimbursable amounts and construction cost index increases have already been approved by RCTC, no substantive changes are expected to the model agreement. FISCAL IMPACT: None. Upon approval and execution of the final agreement, the City may begin to submit invoices to RCTC for the reimbursement of $7.517 million for design (PS&E) and right-of-way acquisition costs for the French Valley Parkway/I-15 Overcrossing and Interchange Project. Pursuant to the terms of the agreement, RCTC will pay the City within 30 days after receipt of an invoice. ATTACHMENTS: TUMF Reimbursement Agreement Draft 112/15/116 Agreement No. MOO-OOO AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL IMPROVEMENTS WITH THE CITY OF TEMECULA FOR THE FRENCH VALLEY PARKWAY/I-IS OVERCROSSING AND INTERCHANGE PROJECT 1. Parties and Date. 1.1 This Agreement is executed and entered into this 2006, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and the City of Temecula, a municipal corporation ("City"). RCTC and City are sometimes collectively referred to herein as the "Parties". 2. Recitals. 2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5. 2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/200) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation hnprovement Plan (the "Plan"). 2.3 TIle Plan requires cities and the County in western Riverside County to participate in a Transportation Uniform Mitigation Fee (1UMF) Program to be eligible to receive Local Streets and Roads funds generated by Measure A. 2.4 The Plan further requires that the first $400 million in revenues from lUMF be made available to RCTC to fund equally the Regional Arterial System and development of New Transportation Corridors identified through the Community and EnvirOlilllental Transportation Acceptability Process (CETAP). To receive lUMF funding, CETAP corridors must also be designated on the Regional System of Highways and Arterials as established in the October 2002 lUMF Nexus Study, amended in March 2004, and as may be anlended in the future. 2.5 The Western Riverside Council of Governments (WRCOG) has been selected to administer the overalllUMF Program pursuant to applicable state laws induding Government Code Sections 66000 et seq. and has entered into a Memorandum of Understanding (MOU) with RCTC dated July 10, 2003 regarding the allocation of the $400 million in TUMF Regional Funds to be made available to RCTC for programming. 2.6 RCTC issued to the cities and the County a "Call for Projects" to be funded with lUMF Regional funds, and in response to the Project Nomination Fornls, took action on September 8,2004 to adopt a five year TUMF Regional Arterial Program which identifies the projects and the TllMF AGREEMENTS.RCTc.French ValleyParkway l,t Draft 02/15/06 Draft 112/15/116 maximum funding commitments awarded for specific phases of work. RCTC's lUMF Regional Arterial Program may be updated from time to time. 2.7 RCTC intends, by this Agreement, to distribute lUMF Regional Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein. 3. Terms. 3.1 Descrintion of Work. TIlis Agreement is intended to distribute TUMF Regional Funds to the City for acquisition of necessary right-of-way and PS&E for the French Valley Parkway/I-IS Overcrossing and Interchange Project ("the Work"). The Work. including a timetable and a detailed scope of work, is more fully described in Exhibit "A" attached hereto and, pursuant to Section 3.15 below, is subjectto modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows: I) PA&ED Project Approvals & Environmental Document 2) PS&E - Plans, Specifications and Estimates 3) R1W Right of Way Acquisition and Utility Relocation 4) CONS Construction The Work phase( s) funded pursuant to this Agreement shall be consistent with the City's Call for Projects Nomination Form submitted to the RCTC ("the Project") and as approved by the RCTC on September 8, 2004. TIle Project is more fully described in Exhibit "B" attached hereto. It is understood and agreed that the City shall expend lUMF Regional Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC. 3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Seven Million Five Hundred Seventeen Thousand Dollars ($7,517,000.00) for acquisition of right-of-way and plans, specifications and estimates work (PS&E), to be used exclusively forreimbursing the City for eligible Work expenses as described herein ("Funding Amount"). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute lUMF Regional Funds in excess ofthe maximum lUMF share for the phase/project identified in Appendix F of the lUMF Nexus Study. 3.2.1 Eligible Work Costs. The total Work costs ("Total Work Cost") may include the following items, provided that such items are included in the scope of work attached as Exhibit "A": (I) City and/or consultant costs associated with direct Work coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Work; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation TllMF AGREEMENTS.RCTc.French ValleyParkway 2 l,t Draft 02/15/06 Draft 112/15/116 procedures if authorized by the City, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by City or consultants; (7) City costs associated with bidding, advertising and awarding of the Work contracts; (8) constmction costs, including change orders to constmction contract approved by the City; and (9) constmctionmanagement, field inspection and material testing costs. 3.2.1.1 Ricl1t-of- W av Acquisition. The Parties acknowledge that in order to protect the City's ability to deliver the Proj ect in a cost effective manner, it may purchase parcels of property in advance ofthe completion ofthe Project's final design (PS&E) by the City that may not ultimately be required for the Project. As such, the parties agree that unused remnants of acquired parcels may be created as a result of the Project's final design. Upon completion of the Project's final design, the City shall provide RCTC with a detailed list of all parcels purchased by the City for which it received TUMF Regional Funds pursuant to this Agreement. The City shall identify any parcels or remnants thereof which were acquired using lUMF Regional Funds and are not required for constmction ofthe Project. A preliminary list shall be submitted to the RCTC 30 days before the issuance of bid documents for constmction of the Project and a final list shall be submitted to the RCTC no later than 30 days following the recording of the Certificated of Completion for the Proj ect. 3.2.1.2 Valuation and Renavment of Anv Pronertv Remnants. Upon receipt ofthe City's final list, RCTC shall meet with the City for the purpose of identifying any parcel or reasonably usable remnant of a parcel for which TUMF Regional Funds were expended that may reasonably be developed for other use by the City and/or sold. The Parties shall confer in good faith to agree upon the disposition of such parcels and remnant parcels and their fair market value as of a date agreed to by the parties, but in no event later than the date of completion ofthe Project. "Fair Market Value" shall have the definition set forth in Code of Civil Procedure Section 1263.320 and "remnant" shall have the definition set forth in Code of Civil Procedure Section 1240.410. Nothing herein shall preclude the City and RCTC from beginning the meetings earlier in the event both parties agree that the parcel or remnant will not be used for the Project. 3.2.1.3 Reimbursement for Unused Parcels. Following recordation of the Certificate of Completion for the Project, the City shall be responsible for promptly reimbursing RCTC for any TUMF Regional Funds which were used to acquire parcels which are completely unused in the Project. rfCity funds other than lUMF were used to purchase the Parcel, those local funds shall be considered in determining the reimbursement amount. 3.2.1.4 ;'\nneal to Commission. hl the event of a disagreement between the Parties regarding the reimbursement oflUMF Regional Funds under this section 3.2.1, either party may appeal, in writing, to the RCTC Board. The RCTC Board's determination regarding excess right-of-way and value pursuant to this section shall be final. 3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be bome solely by the City without reimbursement: (1) City administrative costs; TllMF AGREEMENTS.RCTc.French ValleyParkway 3 l,t Draft 02/15/06 Draft 02/15/06 (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing ofthe Work; and (4) expenses for items of work not included within the scope of work in Exhibit "A". 3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC's sole discretion, be augmented with additional TUMF Regional Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Work. Any such increase in the Funding Amount must be approved in writing by RCTC's Executive Director. In no case shall the amount of TUMF Regional Funds allocated to the City exceed the then-current maximum eligible TUMF share for the Work. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC's Executive Director. 3.2.4 No Funding for Temporary hnprovements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by TUMF Regional Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with TUMF Regional Funds except as needed for staged construction ofthe Work. 3.3 Citv's Funding Obligation to Complete the Work. In the eventthatthe TUMF Regional Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit "A". 3.3.1 Citv's Obligation to Repav TUMF Regional Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension oftime granted by RCTC pursuant to Section 3.15; the City agrees that any TUMF Regional Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, ifthe City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required. 3.3.2 Citv's Local Match Contribution. The City shall provide at least Sixteen Million Two Hundred Twenty Thousand Dollars ($16,220,000.00) of funding toward the Work, as shown in Exhibit "A" and as called out in the City's Project Nomination Form submitted to RCTC in response to its Call for Projects. 3.4 Work Responsibilities of the Citv. The City shall be responsible for the following aspects ofthe Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit "A": (i) development and approval of plans, specifications and engineer's estimate (PS&E), environmental clearance, right of way acquisition! TUMF AGREEMENTS.RCTCFrench ValleyParkway 4 l,t Draft 02/15/06 Draft 112/15/116 and obtaining all pennits required by impacted agencies prior to commencement ofthe Work; (ii) all aspects of bid ding, awarding, and administration ofthe contracts for the Work; (iii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iv) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including T1.TMF Regional Funds. 3.5 Tenn/Notice ofComnletion. The tenn ofthis Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination ofthis Agreement. 3.6 Renresentatives ofthe Parties. RCTC's Executive Director, or his or her designee, shall serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Shawn D. Nelson, City Manager, or his or her designee, as the City's representative to RCTC. The City's representative shall have the authority to act on behalf ofthe City for all purposes under this Agreement and shall coordinate all activities of the Work under the City's responsibility. The City shall work closely and cooperate fully with RCTC's representative and any other agencies which may have jurisdiction over or an interest in the Work. 3.7 Exnenditure of Funds bv Citv Prior to Execution of AQfeement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution ofthe Agreement, or from being reimbursed by RCTC for such expenditures. However, the City understands and acknowledges that any expenditure offunds on the Work prior to the execution of the Agreement is made at the City's sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement. 3.8 Review of Services. The City shall allow RCTC's Representative to inspect or review the progress ofthe Work at any reasonable time in order to determine whether the terms of this Agreement are being met. 3.9 Termination. 3.9.1 Notice. Either RCTC or City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such tennination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. 3.9.2 Effect of Termination. In the event that the City terminates this Agreement, the City shall, within 180 days, repay to RCTC in full alllUMF Regional Funds provided to the City under this Agreement. hl the event that RCTC tenninates this Agreement, RCTC shall, within 90 days, distribute to the City lUMF Regional Funds in an aIllount equal to the aggregate total of all TllMF AGREEMENTS.RCTc.French ValleyParkway 5 l,t Draft 02/15/06 Draft 112/15/116 unpaid invoices which have been received from the City regarding the Work at the time ofthe notice oftermination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional infonnation. This Agreement shall tenninate upon receipt by the non-tenninating Party of the amounts due it under this Section 3.9.2. 3.9.3 Cumulative Remedies. TIle rights and remedies ofthe Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 3.10 Prevailing Wages. The City and any other person or entity hired to perfonn services on the Work are alerted to the requirements of California Labor Code Sections 1770 et ~., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. TIle City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold hannless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et~. 3.11 Progress ReDorts. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work. 3.12 hldemnification. 3.12.1 Citv ResDonsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harnlless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct ofthe City or its subcontractors. TIle City will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct ofthe City. 3.12.2 RCTC ResDonsibilities. RCTC agrees to indemnify and hold hannless the City, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct ofRCTC or its sub-consultants. RCTC will reimburse the City for any expenditures, including reasonable attorneys' fees, incurred by the City, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct ofRCTC. 3.12.3 Effect of AcceDtance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work. RCTC's review, acceptance or funding of any services perfornled by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may TllMF AGREEMENTS.RCTc.French ValleyParkway 6 l,t Draft 02/15/06 Draft 112/15/116 hold under this Agreement or of any cause of action arising out ofthis Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City's negligent performance of this Agreement or supervision of any services provided to complete the Work. 3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perfonn the Work to obtain, and require their subcontractors to obtain, insurance ofthe types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last. 3.13.1 Commercial General Liabilitv Insurance. Occurrence version commercial general liability insurance or equivalent fonn with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall: 3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; 3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/ortheirrespective officials, officers, employees, agents, and consultants; and 3.13.1.3 Contain standard separation of insured provisions. 3.13.2 Business Automobile Liabilitv hlsurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. 3.13.3 Professional Liabilitv Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. 3.13.4 Workers' Comoensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 3.14 Procedures for Distribution of TUMF Regional Funds to Citv. 3.14.1 Initial Pavment bvthe Citv. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be TllMF AGREEMENTS.RCTc.French ValleyParkway 7 l,t Draft 02/15/06 Draft 112/15/116 accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City's payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly. 3.14.2 Review and Reimbursement bv RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility ofthe City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC's decision as to the eligibility of one or more invoices to RCTC's Executive Director. The City may appeal the decision ofthe Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concemingthe procedure for the City's submittal of invoices to RCTC and RCTC's consideration and payment of submitted invoices are set forth in Exhibit "C", attached hereto. 3 .14. 3 Funding Amount/ Adiustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum eligible lUMF share ofthe Work, as detemlined by the TUMF N eJ\.l.1S Study, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC. 3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval ofRCTC's Representative, which approval will not be unreasonably withheld, provided that eJ\.1:ensions oftime for completion ofthe Work shall be approved in the sole discretion of RCTC's Representative. Nothing in this Agreement shall be constmed to require or allow completion ofthe Work without full compliance with the Califomia Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEP A shall not justify, excuse, or pemlit a delay in completion ofthe Work. 3.16 Conflict of Interest. For the term ofthis Agreement, no member, officer or employee ofthe City or RCTC, during the teml of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.17 Limited ScoDe of Duties. RCTC's and the City's duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work perfomled at a job site. hl addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or constmction related to the Work. TllMF AGREEMENTS.RCTc.French ValleyParkway 8 l,t Draft 02/15/06 Draft 112/15/116 3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this disbursements charged to the other party pursuant to this Agreement. Further, each party shall fumish to the other party, its agents or employees such other evidence or infomlation as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination ofthis Agreement, and they shall have access to such infomlation during the three-year period for the purposes of examination or audit. 3.19 Euual Onnortunitv Emnlovment. TIle Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.20 GovemilH! Law. TIlis Agreement shall be govemed by and construed with the laws of the State of Califomia. 3.21 Attomevs' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attomeys' fees and costs of suit. 3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.24 Notification. All notices hereunder and communications regarding interpretation of the temlS ofthe Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, retum receipt requested, postage prepaid and addressed as follows: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 RCTC Riverside County Transportation Commission 4080 Lemon, 3rd Floor Mailing address: P.O. Box 12008 Riverside, CA 92502-2208 ATTN: Shawn D. Nelson City Manager TllMF AGREEMENTS.RCTc.French ValleyParkway l,t Draft 02/15/06 ATTN: Executive Director 9 Draft 112/15/116 Any notice so given shall be considered served on the other party three (3) days after deposit in the 1.1. S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 3.25 Conflictil1Q: Provisions. hl the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations ofthe Parties and the interpretation of the Parties' understanding concerning the perfornlance ofthe Services. 3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract anlendment to add any provision to this Agreement, or delete or amend any provision ofthis Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 3.28 Validitv of A2:feement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision ofthis Agreement. 3.29 hldenendent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Work shall at all times be under the exclusive direction and control ofthe City or contractor, whichever is applicable. TIle City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. RIVERSIDE COUNTY CITY OF TEMECULA TRANSPORTATION COMMISSION By: By: Robin Lowe, Chairperson Shawn D. Nelson, City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: TllMF AGREEMENTS.RCTc.French ValleyParkway 10 l,t Draft 02/15/06 By: Best, Best & Krieger Counsel to the Riverside County Transportation Commission TllMF AGREEMENTS.RCTc.French ValleyParkway l,t Draft 02/15/06 By: 11 Peter 111Orson, City Attorney Draft 112/15/116 Draft 112/15/116 EXHIBIT "A" SCOPE OF WORK, FUNDING AND TIMETABLE FRENCH VALLEY P ARK'W A Y /1-15 OVERCROSSING AND INTERCHANGE PROJECT SCOPE OF WORK: Detail the Phase(s) of Work to be perfonned under this Agreement. (Note: Detail the full Project description on Exhibit B.) Provide specific infonnation regarding the Work to be performed, identify the reaches ofthe work and include a general location map and site map, if applicable. For guidance in developing this Exhibit, please refer to Exhibit A-I. The Scope of Work under this Agreement is for the Plans, Specifications and Engineer's Estimates (PS&E) and Right-of-Way Acquisition for the French Valley Parkway/I-IS Overcrossing and hlterchange Project at the 1-15/1-215 split on the border of the Cities of Murrieta and Temecula. The Project follows the recommendation ofthe Caltrans approved Project Study Report as Altemative (4). FUNDING: Identify TUMF, local, state and/or federal funding for each Phase of Work. Delete those Phase which are not part ofthis Agreement. I PHASE lUMF LOCAL* TOTAL I PS&E $2,000,000 $200,000 $2,200,000 I RIGHT OF WAY $5,517,000 $16,000,000 $21,517,000 I TOTAL $7,517,000 $16,200,000 $23,717,000 *F or purposes of this Exhibit, !ne "L( )\:AL" share amount includes Measure A funds; Harveston \:FD funds; \:apital Project Reserve funds; and Development Impact Fees. TIMET ABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase. D PS&E: Phase I Design is in process with estimated completion by 8/08 Entire Project Design is expected to begin by 6/06 D Right-or-Way: 5000 ofthe necessary right-of-way has been acquired. All remaining right-of-way is in process and expected by 12/07. TllMF AGREEMENTS.RCTc.French ValleyParkway 1 " Draft 02/15/06 Draft 112/15/116 EXHIBIT "A-I" GUIDANCE for COMPLETION OF EXHIBIT A TIle following list of items generally identified as eligible or ineligible for TUMF Regional Funding reimbursement are consistent with those used to develop the costs for improvements in the first NEXUS Study prepared by WRCOG. hl general, all improvements, with the exception of sidewalks, must be within the curbs of the roadway and ex1:end no further than the curb returns at intersections. In addition, all improvements on or connecting to interstate and state route facilities shall be consistent with Caltrans Highway Design Manual standards. Items which are typically considered eligible include: D Asphalt concrete pavement, up to 16' per lane, to accomplish a 12' travel lane and ancillary treatment and appropriate base materials D Concrete curb and gutter and associated drainage - paved roadway shoulders and swale may be used as a substitute D Class II Bike Lanes D Paved and painted 14' median, may be used as a dual left turn lanes D Traffic signals at intersections with state highways and major arterials which are also on the lUMF Network D Pavement striping and roadway signing as required. Items which are not typically considered eligible include: D Portland Cement pavement or other aesthetic pavement types (except at intersections) D Major rehabilitation or overlay of existing pavement in adjacent roadway lanes D Raised Medians D Parking Lanes D Landscaping D Lighting D Class I Bike Lanes TllMF AGREEMENTS.RCTc.French ValleyParkway 2 l,t Draft 02/15/06 Draft 112/15/116 EXHIBIT "B" "PROJECT'DESCRIPTION, FUNDING AND MILESTONES FRENCH VALLEY P ARKW A Y /1-15 OVERCROSSING AND INTERCHANGE PROJECT PROJECT DESCRIPTION: Detail the full Project including the work identified in Exhibit A of this Agreement. TIle Project description should be consistent with the local jurisdiction's Project Nomination FOITn originally submitted in response to RCTC's Call for Projects. Provide specific information regarding the Work to be performed, identify the reaches of the work and include a general location map and site map. The French Valley Parkway/I-IS Overcrossing and Interchange Project provides for the constmction of a new freeway interchange on I-IS between the existing Winchester Road hlterchange and the 1-15/1-215 freeway split on the border ofthe cities of Murrieta and Temecula. The project follows the recommendation of the Caltrans approved Project Study Report as Altemative (4). TIlis proposal consists of the constmction of a collector/distributor (CD) system where the access from the existing Winchester Road Interchange and the Project to the I-IS and 1-215 freeways is by way of a CD. Major elements ofthe work include the constmction of a freeway overcrossing for the proposed interchange; High Occupancy Vehicle (HOV) lanes and CD lanes; constmction of braided ramps between Winchester Road and the proposed new interchange for both the northbound and southbound directions; and the constmction of a by-pass exist ranlp in the southbound direction north of the 1- 15/1-215 freeway junction to French Valley Parkway. FUNDING: Identify TUMF, local, state and/or federal funding for each Phase of Work. I PHASE lUMF LOCAL* TOTAL I PA&ED $0 $1,987,000 $1,987,000 I PS&E $2,000,000 $200,000 $2,200,000 I RIGHT OF WAY $5,517,000 $16,000,000 $2L517,OOO I CONSTRUCTION $20,000,000 $30,000,000 $50,000,000 I TOTAL $27,517,000 $48,187,000 $75,704,000 *As of the date oftms Agreement, the "L( )"AL" share amount is not fully funded for tne entire project. It is anticipated that an additional $2i i million in TllMF funding will be available for this project through the 2i illS Ne;o,:us Update. TllMF AGREEMENTS.RCTc.French ValleyParkway 3 1 " Draft 02/15/06 Draft 112/15/116 MILESTONES - provide a list of phases and milestones for completion ofthe improvements and estimated dates when each is expected to be accomplished. D Preliminary Study Report - aooroved by Caitrans - May 2003 D Enviromnental (NEPA/CEPA) - underway; estimated completion by - August 2006 D Final Design Proposal (PS&E) - underway Phase I design - est. completion by 8/06 Entire Proiect design begins 6106, est. completion by 12/07 D Right -of-Way Acquisition - Ongoing 5000 of ROW has been acquired ROW for entire project underway and expected by 12/07 D Utility Relocation - (est.) December 2007 D Construction - Ongoing Phase I construction to begin by 10/06 Entire Project to begin early 2008 Tl.1MF AGREEMENTS.RC'TC'.French ValleyParkway 4 l,t Draft 02/15106 I~-- . , II ITEM NO.9 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /J~ ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 11 , 2006 SUBJECT: Completion and Acceptance of the Construction Contract for the Winchester Road Widening at Jefferson Avenue, Project No. PWOO-27 PREPARED BY: Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the project, Winchester Road Widening at Jefferson Avenue, Project No. PWOO-27 as complete; and 2. Accept the new improvements into the City-maintained street system; and 3. 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; and 4. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On August 24, 2004, the City Council awarded a construction contract to Riverside Construction Company in the amount of $1,607,570.00 and authorized the City Manager to approve change orders within the 10% contingency of $160,757.00. The project consists of street widening; modification of the existing median; construction of retaining walls, commercial driveway approaches, curb and gutter, and landscaping on Winchester Road, and street widening; construction of median islands, commercial driveway approaches, curb and gutter, and landscaping on the parkway on Jefferson Avenue. The contractor has completed the work in accordance with the approved plans and specifications, and to the satisfaction of the City Engineer. The retention for this project is being released pursuant to the provisions in Public Contract Code Section 7107. FISCAL IMPACT: The Winchester Road Widening Project is a Capital Improvement Program Project, funded with Development Impact Fees-Public Facilities and Capital Project Reserves. An appropriation of $775,000.00 from Capital Reserves was necessary to coverthe construction costs. During the course of the contract, five change orders resulted in a net contract increase of $155,364.42, and reductions in estimated versus field measured quantities resulted in a net decrease of $108,586.96, bringing the final contract total to $1,654,347.46. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release flECaRDING REaUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecule. CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1 . The City of T emecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Riverside Construction Company, 111 N. Main St.. Riverside, CA 92501 to perform the fOllowing work of improvement: WINCHESTER ROAD WIDENING Project No. PWOO-27 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on 11th day of April, 2006. That upon said contract the Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Winchester Road Widening, Project No. PWOO-27 6. The location of said property is: Winchester Road, Temecula, California Dated at Temecula, California, this 11'h day of April 2006. City of T emecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 11th day of April, 2006. City of Temecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PWQO\OO-27 Winchester Widening\AgendaReports\COMPLETION NOTE.doc Form ; - .~ ';i l'/JND il 869(',gf?9l'! ' CllY OF lEMECULA, P!JBUC WORKS DEPARTMENT :. ,;, ',:.{, -' MAltITENANCE BOND ;FQ~ . PROJECT NO. PWOD-Z7 WlNCHESTEfi ROAD WIDENING KNOW A1J. PERSONS BY THESE PRE$EN1;THAT: RIVERSIDE uA'''"WcrlOO ro1PA\'l,lll N. MAlNSf., RIVERST})f.'. P. 9~'Il.l .... NAME ANu ADDRESS'CONTRAOTOR'S . , hereinafter called PrInCipal, and a wt\r\J!."ATlOO (fIIin_II1eI.~_.Potl1leltilllpCJ:~ I .li;, FIDET,rl'V AND DEPOSTT CfMP^!'Y flF M(lllY'^"l'l lj[!,1 N. BRAN!"] \'T"1l r:I.mmATJ<' C^ 01?":,\ NAMe ANCJ AODRESS OF SURETY ; hereinafter called SURETY. are /leld ancl.firmly bOund,ul\tO CITY OF TEMECULA. hereinafter called OWNER, in the penal sum,:of . OOE RlJWB&' ~Trrv "':'nrTSAND /YIlT ^II~ c"'"llL- fWl'V Sl"TFN OOl)ARS .DOlLARSand, m/1f"{1.':" - - - - CENTS ($ lnO.7..:i,"(.OO lln lawful money of the 'United Statts, said sum being not less than ten (10%) of the Contract value payable by the Said City Of Temeoula under the terrnsof the Contract, for the payment of whic~. we ,bi(lcl.qu~sej\leS, successors, and assigns, Jointly and severally, firmly by these presents. ,. ,,::,.;,,' , . THE CONDITION OF THIS OBUGATION Is sUCh Ihat whereas. the Principal entered Into a certain Comract with the OWNER. datelf1h'e: 24TH'. , . day at In(;ll~ . 2Q04, a copy of whIch IS hereto attached and made a part hereof for the constructiQrl of PROJECT NO. PWDo-27, WINChI:...ICR ROAJ)WIDENING.. .< WHEREAS, said Oonllact provides thatit!ei:>riridpal Will furnish a bond CQI1d111oned to guarantee for the period of mm (1) year 8fter approval of-tie final eslimate on said Job, by the OWNER. against all defects In wor\....."",,;,/p and malelialswhich ma)'beeome apparent during said perIod; and ,. ;.'! WHEREAS, the said Contract has been cOrrij)IElted; and ~:the final esllmllt& approved on_ , .2004. : i: :.i ~ ,. " ;,.11 ; ~.,.' HOW, nfEREFORE. THE CONDnlON OF THIS OBLlGATlON IS SUCH, thai if within one year from lh8 date of approval of the fin'" estimate on said job p!Jrsuant to the contract, the work done ~c:ler the terms of said Contract shall dl~":,;_ ppor wprkmanshlp in !he exeQJtlon of &aid work, and the carrying out of the terms of said e~..;,....~ pr it shall appear that defeclive materials were fumlshed thereunder, then this obligation shall remain In full force and virtue, otherwise this instrument shaD be void. ., , ,;:j As a part of the obliQatlon secured Mreby akt:iri addition to the face amountspecilied, costs and reasonable expenses and fees shall be included, including reasonable atlcmey's fees incurred by t~ City of Temecula In euCll8ssfully enfor~ tms obliga1ion, all to be taxed as costs and ; In~8d in any Judgment rendered. .- . .'(.i. ., WlIIrE>/AlCE IlCJIO 11-1 Fl:\ClI'\P~21Wh:11os1lr\'f~.dOC.dGl Thlj:?urety hen~by stipulates and agreeslhat no change, extension of t1me. alteration, or addition to me terms of the Contrac:t. or to the work to be parfanned thereunder. at to the speoiflcatlons accompanying the same, shaD in any way aflectlts obligations on this bond. and It does hereby waIve not/pa of any SUch change, extension of time. al;".c.t:~... or addillon to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this -.Jbl11 day of FEBRUARY . ~ 2006 (Seal) . ~ p~ ~' a~ M~}M ..~ DONALD M. PIM .pJj'l~'nRN'1' KFN1' 1'. ROBERTS (Name) Au.v",""'( IN FACr (11U..) (Nerne) Pele, M. ThoISOl\ CiIy AIIomoy {TIde) J"\lI By:. /'d.r be ~ / 6>nI~. c?~ {Namal $~~' (TIlle) I APPROVED AS TO FORM: MAlNTENANGEeONIl 10M R.'.CIPlPAOJ.~27WIlld\eSt"\'fidolling\SpeOlJcalioi1s'1l1d_dOl Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BAt TlMORE. MD. KNOW ALL MEN BY THESE PRESENTS: That the FIOELITY ANO DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. ,Vice-President, and C. W. ROBBINS Assistant Secretary. in pursuance of authority granted by Article VI, Section 2, of the By.Laws of said Company, which reads as follows: "The Chairman of the Board. or the President, or any Executive Vice-President. or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee. shall have power. by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on bebalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignmen~ judgements. d~~es, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." ~ /'-r,~?;$l does hereby nominate constitute and appoint Kent T. ~rts ~~adena, California......_ />-~ /O~W' ~(S true and lawful agent and Attorney-in-Fact, to m:~cut.e, se~~liver, for, and on its behalf as surety, and as Its act and deed: any and all bonds and ~tak1~............................. ~ "'~ . And the execution of such bonds or un~gs in ~l:1;:~ce of these presents, shall he as hinding upon said Company, as fully and amply, to all inte~~urpo~).'g if they had been duly executed and acknowledged by the regularly elected officers of the co~at its ~~altimore, Md., in their own proper persons. ~ ~ The said Assistant Secretary does hereby cert~he aforegoing is a true copy of Article VI, Section 2, of the By.Laws of said Company, and is now in force. ~~. IN WITNESS WHEREOF, the said Vice>:President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIOELITY ANO DEPOSIT COMPANY OF MARYLAND, this ...n...J:r.(L.......n.n.....day of ..............p.g.9.!'!!!\!1g.L.n..........nnn...' A.D. 19n~.Qnn FIDELITY AND DEPOSIT COMPANY OF MAR STATE OF MARYLAND an OF BALTIMORE Assistant Secretary C (J...) Q On ' _.._....__.........__.....d.._...~............ I f ss, On this 3rd day of December ,A.D. 1986 . before the subscriber, a Notary Public of the State of Maryland. in and for the City of Baltimore, duly commissioned and qualified, came the above. named Vice.President and Assistant Secretary of the FIDEUTY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and wbo executed the preceding instrument. and tbey each ack.nowledged the execution of the same. and being by me duly sworn, severally and each for himself deposeth and saith. that they are the said officers of the Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that tbe said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TEsTIMONY WHEREOF, I have he..un.o sel~d affixed hy Offi.;a&~iIY jBalIimo.., Ihe day and ye", fi,,1 ahove w,illen. 10' ......... ~~.:~eft.mi......j:<i.9.ii. ~"E e\ N tary Pubh o~;i~n ExpIres .....m.y_____'.......m.... CERTIFICATE I, the undersigned, Assistant Secretary of the FlDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy. is in full force and effect on the date of this certificate; arid I do further certify that tbe Vice-President who executed the said Power of Attorney was one; of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in.Fact as provided in Article VI. Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of 1uly,1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company. whether made heretofore or hereafter, wherever appearing upon a certified copy of any ~ower of attorney issued by the Company. shall be valid and binding upon the Company with tbe same force and effect as though manually affixed. ' IN TEsTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate sea) of the sai4 Company, this...16THm........ day of n..FE.6E!JSJlX..........n................... 2QQfL LI42&_<<<. -0] 2 AssUtant Secretary Eo; z ~ ~ ~ r.>:::l ,..;j ~ o ~ u -< r.>:::l tI:l o ~ ~ ~ I ,..;j ,..;j -< ;:$ z ~ o ~ ..... ,..;j -< u --^-' '$ ~ ~ ~ i s "- o o ~ ~ ~ U) "- o .0 I:: :::l o U ! ~ .... 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') - <1> It . ~ ~ .g Ow c ~'Ea. ~ E " o E ~U) E , >0008 00--' . o >- ~ ..., z :2 o E .9 ::: ~ o I:: ~ .Q c; I:: o en .... o 0.. _':..'%"""IlLVNN........... ,. .,. c; o en c; '0 t;: "- o "0 I:: ~ "0 I:: ~ ..c: ;>.., E U) U) ~ Z E-< - ~ c ~ (J .A ~~ 1 ; ~ ;' /. ~' ; c ~ -< u ;;;; '"' ~ .. .. . . . . .;] ~., ! 1 :~..J ."., l ; \ 1 'r- ~ CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PWOO-27 WINCHESTER ROAD WIDENING fl.'vG.f-S,OE.. Go1VS,f-vunotV This is to certify that Co r-\ e ~ ; ,r-J"C _ . ,(hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/shelit has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the ...CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PWOO-27, WINCHESTER ROAD WIDENING, situated in the City of Temecula, State of California, more particularly described as follows: ~~ vU\<--JVVrt.Sl~?- ~o. ~ ~~rre+-Sol\J ptVVJv f- INSERT ADDRESS OR DESCRIBE LOCATION OF WORK ;;., ,-j.) .. ... ;.' D , { ~~ ."" c iu\. n i ~ i'-." :w (~ i;..,.i "'" , \') , . ... ~ ri "'" f' ,. 'r..J Q' ~;: ~' U ~ 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 Dollar Amount to Dispute Pursuant to Public Contract Code 97100, 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. CONTRACTOR Dated: b'3 - 0'1- 0 (0 Av---- ~ "cffi:::, By: Signature <:oe:-c>f..-<.,e-- j. O~JO - S~c..?x;:p~.f.-y Print Name and Title I ~ . ".-- . /'- AElEASE A-t A:\CIPlPROJECTS\PwOO'OO-27 Winchester Widening\Specificationslbid.doc.dot Ii - I. ITEM NO.1 0 I I Approvals City Attorney Director of Finance City Manager ~ 41l ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: April 11 , 2006 SUBJECT: Completion and Acceptance of the Rainbow Canyon Guardrail Installation and Replacement, Project No. PW02-18 Federal Project No. STPLHG-5459(016) PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the construction of the Rainbow Canyon Guardrail Installation and Replacement, Project No. PW02-18, as complete and; 2. Accept the new improvements into the City maintained street system and; 3. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one year Maintenance Bond in the amount of 10% of the contract amount and; 4. Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On November 22, 2005, the City Council awarded a construction contract for Project No. PW02-18, Rainbow Canyon Guardrail Installation and Replacement, to D.C. Hubbs Construction of Yucaipa, California in the amount of $245,325.00. The project removed existing metal beam guard rail (MBGR) along Rainbow Canyon Road between the Temecula Creek Golf Course and the southerly City limit. New MBGR was installed with terminal systems and reflectors. The Contractor has completed the work to the satisfaction of the Director of Public Works/City Engineer, and all work will have a warranty for a period of one (1) year from the date of acceptance by the City. The final construction contract amount is $267,732.85. The construction retention will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. FISCAL IMPACT: The Rainbow Canyon Guardrail Installation and Replacement project is a Capital Improvement Projectfunded through the Hazard Elimination Safety Program. The base amount of the construction contract was $254,325.00. Two contract change orders were issued in the amounts of $15,525.00 and $7,500.00. The total quantity for bid item 4 was not needed, while the quantities for bid items 5 and 7 were exceeded. The net result of quantity imbalances is a decrease of $617.15. Thus, the final construction contract amount is $267,732.85. ATTACHMENTS: 1. Contractor's Affidavit and Final Release 2. Maintenance Bond 3. Notice of Completion CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW02-18 GUARD RAIL INSTALLATION AND REPLACEMENT RAINBOW CANYON ROAD FEDERAL PROJECT NO. STPLHG-5459(016) This is to certify thatD ,c.. 1-1-. J/-J.,s 6) ns+: ,(hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW02-18, GUARD RAIL INSTALLATION AND REPLACEMENT, RAINBOW CANYON ROAD, FEDERAL PROJECT NO. STPLHG-5459(016), situated in the City of Temecula, State of California, more particularly described as follows: ~G.;AhClJ') C"X1YOJl t!.tcd r?IAJOri,-J'l INSERT ADDItESS OR DESCRIBE lOCATION OF WORK HERE 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 Dollar Amount to Dispute .-8- Pursuant to Public Contract Code 37100, the CONTRACTOR does hereby fully release and acquit the City of T emecula and all agents and ernployees 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:, S -.;l. 7-()(, CONTRA~R _ /;/ By:~~~d- ~ Signature {J".-hn'-!r'. Nllhbs (Jt1J~r Print Name and Title RELEASE R-1 A:'ClPJ'fOJECTS'f'W02'0PW02-18Rairb:ll'vCanyonGu< :":",,,._~'n""":18t1peCS{FEDONLY).00c Bond Number: 661115630-M CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PWO:MB GUARD RAIL INSTALLA nON AND REPLACEMENT RAINBOW CANYON ROAD FEDERAL PROJECT NO. STPLHG-5459(016) KNOW ALL PERSONS BY THESE PRESENT THAT: D.C. HUBBS CONSTRUCTION 37306 VISTA VIEW Dr. YUCAIPA, CA 92399 NAMe AND ADDReSS CONTRACTOR'S a INDIVIDUAL (fill in whether. ColpOratian. Partnership ar individual) , hereinafter called Principal, and LINCOLN GENERAL INSURANCE COMPANY, 701 B STREET. SUITE 2100. SAN DIEGO. CA 92101-8197 NAME AND ADDRESS OF SURETY . hereinafter called SURETY, are held and firmly bound unto CITY Or: TEMECULA, hereinafter called OWNER, in the penal sum of TWENTY-SIX THOUSAND AND EIGHT HUNDRED THIRTY-FIVE----------------------------------------~LARS and ZERO CENTS ($ 26..835----- }-In lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered Into a certain Contract with the OWNER, dated the ~ +- day of N(J/J"-.mhu; 2005" a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO.'PW02- 18, GUARD RAI.. INSTALLATION AND REPI..A.CEMENT. RAINBOW CANYON ROAD, FEDERAL PROJECT NO. STPlHG-5459(016). WHEREAS, said Contract prOVides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may became apparent during said period; and WHEREAS. the said Contract has been completed, and was the final estimate approved on_ .#A-{,/. // ,2006 NOW, THEREFORe, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within ona year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this 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 the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be perfonned thereunder, or to the speclfications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 14TH day of MARCH ,2006 (Seal) S By: PRlNCIPAI.,/ ./':: ~/ -By: k~~ DroV1n f"(' /Mhs (Name} r)u.Jn f'.Y" (Title) By: APPROVED AS TO FORM: (Name) Peter M. Thorson. City Altorney (l1t1e) ~ LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and llIlooint: Philip E. Vega, Frank Morones its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Tbree Million Dollars (53,000,000) and to bind it thereby as fully and to tbe same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are bereby ratified and confinned. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals onder autliority of the following resolutions edopted by the Board of Directors of Lincoln General Insurance Company on the 4~ day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to dste, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures ofthe officers making the appointment, and the signature of any officer certifYing the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company bas caused its corpora be signed by its duly authorized officers this 4th day Rl\li\llIblmilf6l. 2002. ~ #~~..~~~!J'<:~~ ~~..., "'~ ~ Attest: ~//. . _ ~ ~.... ~ORAre8. '.1'0% Gary~ary tfJ{ <,0 - ~ \~g "Z: 1977 ,()" The Commonwealth of Pennsylvania % ..J '..0 _ .:ff i / York County ~ 9:)'" <>4'IVSYL'I,,~,'l-""li ,f ~ ~"'. ..,~ ~ ~~.2'" .....~~~ On this 4th day of September, 2002, before me'l"'ij,~?nall~cam~ C. Bhojwani, to me Iatown, who being duly sworn, did depose and say: that he is the President of the CorpWfloliA""1WII~~~ in and which executed the above instrument: that he Iatows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. , ,~ ; .; . ' -'- The Commonwealth of Pennsylvania York County Notalialsaal~"" ~~ Catherine Marie Loose, Notary . . Sprfngattsbury Twp., York C ..i ~ My CommiSSion Expires June 1 Notary Pubil' - I, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthennore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now "in force. %!irlNEJ.S ~ERBRrA~e~e hereunto set my h'!!'8o'll'd affixed the seal of said Company, at Y orl<, Pennsylvania, this y ^ \",\:.~1Il"'UIJJI!1. ~t'#~..~~~!!- 'IQ~" !~""&Qi'.Are,,~% "0' Cl - ".iI':: ~ _I 1977, log -~.. '0- % {;'" ~ - ,,'I" /~~ ~ u'.. 4'NSY\.'I"~ ... b i$ ~~"" .....~~ ~J'~.......... '-~.ff' ~, . ~....~ I'll/. * '!t.~'" :fIIU",III1l\l\\\\\ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ~ State of California County of Orange On March 14 ,2006 before me, PHILIP VEGA, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared FRANK MORONES Name(s) of Signer(s) [8] personally known to me -OR- D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i ..' 1 PHILIP VEGA @'commISSlon#1474231_ ~ -,,; Notary Public - California ~ J ' . Orange Counly L , MV Comm. Expires Mar 4. 2008[ WITNESS my han ~ Signature of Notary Public Though the information below is not required by law, it may prove valuab and reattachment of this 'Son relying on the document and could prevent fraudulent removal ano her document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Individual D Corporate Officer D Titles(s):_ o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee - 0 Guardian or Conservator o Other: OF SIGNER Top of Thumb here o Individuai D Corporate Officer o Title(s): o Partner - 0 Limited D General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top ofThumb here OF SIGNER Signer Is Representing: Signer Is Representing: BO-1133 09/00 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~~~....\""),'>A>''''''''~~'''''''''''''_~'''''','''''','''''',~=-.~Y~,;'~~~~~~~~~ personally State of Ca~rnia County of ,'\(111, ~ rn a r Ii /V) () On filt;. ( 1(0 ~{l)W before me, Je \'\~i Q y~('\k?l\ile.e. ~(\tQrH ~Iir. :;;eared h f1" "::I [1, !r;'mOff1OOC 1'.,..'J,oo Dol, NOlacyP'b"") , u ' . N~~~ ~f ~g:"I') - ss. iQ)- . :... - - J~N~FER N;CHOlE NA~ - , Commission # 1530848 . ~ . -.. t Notary Public - Callfomia ~ J " : San Bernardino County ~ 1 . .. My Comm. Expires Dee 2. 2008f ~y known to me 1~ proved to me on the basis of satisfactory evidence o be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacify(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~TNESS ~_y 1\ han \~ ~d(_O_ ffi~ial s;~. ( '" /"' A n Place Notary Seal Above ~ 'f l CJ""\~ 'f J~ l) Signature 01 Notary Public OP JONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and Gould prevent fraudulent removal and reattachment of this form to another document. Description of Attached.QocumenJ~ _ /J I r?.. t? / Title or Type of Document: (".t1;t.; #1.f?n1.tJl'ujldul./'c/j)"i:,\ -/ /11" ;rf~t4'.n"'lI ~ Document Date: mil"" A Uttf. :J tJD (0 Number of Pages: I Signer(s) Other ;han Named Above: .~ l r:\. acity(ies) Claimed by Signer(s) Sign' ame: o individua o Corporate Officer o Partner - 0 Limited o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Umited 0 General o Attorney in Fact . 0 Trustee ~~d~n or Conservator o Oth~ --......... Signer Is Representing: ~ ~ Top of thumb here Signer Is Representing: --- ~ J. .Y"-"'V/"'1'T/"""'/"'P1<)'fg"'.Nf'~/"'PJ,Mf>/~,*,"L~-*-" ',~, ---.... @2004 NaUonal Notal)' Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder; Call Toll-Free 1-800-876-6827 RECORDING REQlIESTED BY AND RETURN TO, CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive T emecule, CA 92589.9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to D.C. Hubbs Construction, 37306 Vista View Dr.. Yucaipa, CA 92399 to perform the following work of improvement: GUARD RAIL INSTALLATION AND REPLACEMENT RAINBOW CANYON ROAD Project No. PW02-18 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on April 11, 2006. That upon said contract the Lincoln General Insurance Company 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: Guard Rail Installation and Replacement Rainbow Canyon Road, Project No, PW02-18 6. The location of said property is: Rainbow Canyon Road, Temecula, California Dated at Temecula, California, this 11th day of April 2006 of Council Meeting City of T emecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 11th day of April, 2006 of Council Meeting. City of Temecula Susan W. Jones MMC, City Clerk R;\C1P\PAOJECTS\PW02\PW02-18 Rainbow Canyon Guardrail\Agreements Contracts\COMPLETIQN NOTE.doc Form Ii - I. ITEM NO. 11 I I ORDINANCE NO. 06-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.08 OF THE TEMECULA MUNICIPAL CODE AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ESTABLISHING PROCEDURES FOR THE APPROVAL AND COLLECTION OF THE TRANSPORTATION UNIFORM MITIGATION FEE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 15.08 of the Temecula Municipal Code is hereby amended to read as follows: "Section 15.08.010. Title. This Chapter shall be known as the "Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2006." "Section 15.08.020 Findings. In adopting this Chapter 15.08, the City Council of the City of Temecula hereby finds and determines that: A. The City is a Member Agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency consisting of the City, the County of Riverside, and the thirteen Cities situated in Western Riverside County. Acting in concert, the Member Agencies of WRCOG developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials in Western Riverside County (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee on future residential, commercial and industrial development. As a Member Agency of WRCOG, the City participated in the preparation of a certain "Western Riverside County Transportation Uniform Mitigation Fee Nexus Study", dated October 18, 2002 ("2002 Nexus Study") prepared pursuant to California Government Code, Section 66000 et seq., the Mitigation Fee Act. Based on this Nexus Study, the City adopted and implemented an ordinance authorizing its participation in a Transportation Uniform Mitigation Fee Program. B. WRCOG with the assistance of its member agencies have now prepared an updated "Western Riverside County Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government Code Section 66000 et seq., the Mitigation Fee Act, for the purpose of updating the fees imposed by Ordinance No. 03- 01. Ordinance No. 03-01 was adopted by the City Council on January 28, 2003 and was codified in Chapter 15.08 of the Temecula Municipal Code. C. Consistent with its previous findings made in the adoption of Ordinance No. 03-01, the City Council has been informed and advised, and hereby R:/Ords 2006/0rds 06-04 finds, that future development within Western Riverside County and the Cities therein will result in traffic volumes exceeding the capacity of the Regional System as it presently exists. D. Consistent with its previous findings made in the adoption of Ordinance No. 03-01, the City Council has been further informed and advised, and hereby finds, that if the capacity of the Regional System is not enlarged, the result will be substantial traffic congestion in all parts of Western Riverside County and the City, with unacceptable Levels of Service throughout Western Riverside County by 2030. E. The City Council has been further advised, and so finds that funding, in addition to those fees adopted pursuant to the 2002 Nexus Study, will be inadequate to fund construction of the Regional System. Absent an update of the "Transportation Uniform Mitigation Fee" ("TUMF") based on the Nexus Study, existing and known future funding sources will be inadequate to provide necessary improvements to the Regional System, resulting in an unacceptably high level of traffic congestion within and around Western Riverside County and the City. F. The City Council has reviewed the Nexus Study, and hereby finds that future development within the County and City will substantially adversely affect the Regional System, and that unless such development contributes to the cost of improving the Regional System, the Regional System will operate at unacceptable Levels of Service. G. The City Council hereby finds and determines that the failure to mitigate growing traffic impacts on the Regional System within Western Riverside County and the City will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the Regional System will adversely affect the public health, safety and welfare. H. The City Council further finds and determines that there is a reasonable and rational relationship between the use of the TUMF and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied. I. The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the Regional System and the type of development projects on which the TUMF is imposed because it will be necessary for the residential and non-residential users of such projects to have access to the Regional System. Such development will benefit from the Regional System improvements and the burden of such development will be mitigated in part by the payment of the TUMF. R:/Ords 2006/0rds 06-04 2 J. The City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the Regional System improvements, and that the amount of the TUMF expected to be generated by new development will not exceed the total fair share cost to such development. K. The City Council further finds that the cost estimates set forth in the Nexus Study are reasonable cost estimates for the facilities that comprise the Regional System; and that TUMF program revenues to be generated by new development will not exceed the total fair share of these costs. L. The fees collected pursuant to this Chapter shall be used to help pay for the construction and acquisition of the Regional System improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic thus creating the demand for the improvements. M. The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the Regional System. N. The City Council hereby adopts the Nexus Study and incorporates it herein as though set forth in full. "Section 15.08.030 Definitions. For the purpose of this Chapter, the following words, terms and phrases shall have the following meanings: A. "Class 'A' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'A' Office shall be as follows: (i) minimum of three stories; (ii) minimum of 15,000 square feet per floor; (iii) steel frame construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building. B. "Class '8' Office" means an office building that is typically characterized by high quality design, use of high end building materials, state of the art technology for voice and data, on site support services/maintenance, and often includes full service ancillary uses such as, but not limited to a bank, restaurant/office coffee shop, health club, printing shop, and reserved parking. The minimum requirements of an office building classified as Class 'B' Office shall be as follows: (i) minimum of two stories; (ii) minimum of 20,000 square feet per floor; (iii) steel frame, concrete or R:/Ords 2006/0rds 06-04 3 masonry shell construction; (iv) central, interior lobby; and (v) access to suites shall be from inside the building unless the building is located in a central business district with major foot traffic, in which case the first floor may be accessed from the street to provide entrances/exits for commercial uses within the building. C. undertaken for the construction. "Development Project" or "Project" means any project purpose of development including the issuance of a permit for D. "Fee Calculation Handbook" is the handbook detailing the methodology for calculating of the TUMF and other matters for the administration of the TUMF Program, adopted by WRCOG on July 14, 2003, as said handbook may be amended from time to time, a copy of which is on file in the City Clerk's Office. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances. E. "Gross Acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road rights of way and property lines. F. "Habitable Structure" means any structure or part thereof where persons reside, congregate or work and which is legally occupied in whole or part in accordance with applicable building codes, and state and local laws. G. "Industrial Project" means any development project, at the time of issuance of any building permit, in which manufacturing, assembly, processing, packaging, or storage of products takes place and as further defined in the light industrial and business park zones defined by Title 17 of the Temecula Municipal Code, or within a similarly defined planning area within an adopted specific plan. H. "Low Income Residential Housing" means residential units in publicly subsidized projects constructed as housing for low-income households as such households are defined pursuant to section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used herein, shall not include any project or project applicant receiving a tax credit provided by the State of California Franchise Tax Board. I. "Multi Family Residential Unit" means a development project that has a density of greater than eight (8) residential dwelling units per gross acre. J. "Nexus Study" means the Western Riverside County Transportation Fee Nexus Study" ("Nexus Study") pursuant to California Government Code Section 66000 et seq., which Nexus Study is on file in the City Clerk's Office. R:/Ords 2006/0rds 06-04 4 K. "Non-Residential Unit" commercial and industrial development which use, but shall include hotels and motels. means retail commercial, service is designed primarily for non-dwelling L. "Recognized Financing District" means a financing mechanism for the funding of public improvements as defined in the TUMF Administrative Plan. M. "Residential Dwelling Unit" means a building or portion thereof used by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single-family and multi-family dwellings. "Residential Dwelling Unit" shall not include hotels or motels. N. "Retail Commercial Project" means any development project in a commercial zone at the time of issuance of any building permit that is not defined as a service commercial project and as further defined by the neighborhood commercial, community commercial, highway tourist commercial and service commercial zones as defined in Title 17 of the Temecula Municipal Code, or within a similarly defined planning area within an adopted specific plan. O. "Service Commercial Project" means any development project that is predominately dedicated to business activities associated with professional or administrative services, and typically consist of corporate offices, financial institutions, legal and medical offices as further defined in the professional office zone as defined in Title 17, but excluding any residential uses, or within a similarly defined planning area within an adopted specific plan. P. "Single Family Residential Unit" means each residential dwelling unit in a development that has a density of eight (8) units to the gross acre or less. Q. "TUMF Administrative Plan" means the plan adopted by WRCOG on May 5, 2003 containing the detailed administrative procedures concerning the implementation of this Chapter the TUMF Program, as may be amended from time to time, a copy of which is on file in the City Clerk's Office. R. "WRCOG" means the Western Riverside Council of Governments, a joint powers agency consisting of the City, the County of Riverside, and the thirteen Cities situated in Western Riverside County. "Section 15.08.040. Mitigation Fee Establishment of the Transportation Uniform A. Adoption. The schedule of fees shall be adopted by resolution approved by the City Council ("Resolution"). R:/Ords 2006/0rds 06-04 5 B. Fee Calculation. The fees shall be calculated according to the calculation methodology set forth in the Fee Calculation Handbook. The following shall be observed for purposes of calculating the fee: 1. For non-residential projects, the fee rate utilized shall be based upon the predominate use of the building or structure identified in the building permit or structure identified in the building permit and as further specified in the TUMF Administrative Plan. 2. For non-residential project, the fee shall be calculated on the total square footage of the building or structure identified in the building permit and as further specified in the TUMF Administrative Plan. C. Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the WRCOG Executive Committee. By amendment to the Resolution, the fees may be increased or decreased to reflect changes in actual and estimated costs of the Regional System including, but not limited to, debt service, lease payments and construction costs. The adjustment of the fees may also reflect changes in the facilities required to be constructed, in estimated revenues received pursuant to this Chapter, as well as the availability or lack thereof of other funds with which to construct the Regional System. WRCOG shall review the TUMF program no less than every four (4) years after July 3, 2006. D. Purpose. The purpose of the TUMF is to fund those certain improvements to the Regional System identified in the Nexus Study. E. Applicability. The TUMF shall apply to all new development projects within the City unless otherwise exempted by the provision of this Chapter. F. from the TUMF: Exemptions. The following new development shall be exempt 1. Low income residential housing. 2. Government/public buildings, public schools and public facilities. 3. The rehabilitation and/or reconstruction of any habitable structure in use on or after January 1, 2000 provided that the same or fewer traffic trips are generated as a result thereof. 4. Development Projects which are the subject of a Public Facilities Development Agreement entered into pursuant to Government Code, Section 65864 et seq. prior to May 28, 2003, the effective date of Ordinance No. 03-01, wherein the imposition of new fees are expressly prohibited; provided R:/Ords 2006/0rds 06-04 6 that if the term of such a Development Agreement is extended by amendment or by any other manner after May 28, 2003, the effective date of Ordinance No. 03-01, the TUMF shall be imposed. 5. Guest Dwellings, as defined in Title 17 of the Temecula Municipal Code. 6. Additional single family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications set forth in Title 17 of the Temecula Municipal Code. 7. Kennels and Catteries established in connection with an existing single family residential unit and as defined in Title 17 of the Temecula Municipal Code. 8. Detached and Attached Second Units pursuant to Title 17 of the Temecula Municipal Code. 9. The sanctuary building of a church or other house of worship, eligible for a property tax exemption. 10. Any nonprofit corporation or nonprofit organization offering and conducting full-time day school at the elementary or high school level for students between the ages of five and eighteen years. G. Credit. Regional System improvements may be credited toward the TUMF in accordance with the TUMF Administrative Plan and the following: 1 . Regional Tier a. Arterial Credits: If a developer constructs arterial improvements identified on the Regional System, the developer shall receive credit for all costs associated with the arterial component based on approved unit cost assumptions for the Regional System. WRCOG Staff must pre-approve any credit agreements that deviate from the standard WRCOG approved format. b. Other Credits: In special circumstances, when a developer constructs off-site improvements such as an interchange, bridge, or railroad grade separation, credits shall be determined by WRCOG and the City in consultation with the developer. All such credits must have prior written R:/Ords 2006/0rds 06-04 7 approval from WRCOG. c. The amount of the development fee credit shall not exceed the maximum amount determined by the most current unit cost assumptions for the Regional System or actual costs, whichever is less. 2. Local Tier a. The local jurisdictions shall compare facilities in local fee programs against the Regional System and eliminate any overlap in its local fee program except where there is a Recognized Financing District has been established. b. If there is a Recognized Financing District established, the local agency may credit that portion of the facility identified in both programs against the TUMF in accordance with the TUMF Administrative Plan. "Section 15.08.050: Reimbursements. Should a developer construct Regional System improvements in excess of the TUMF fee obligation, the developer may be reimbursed based on actual costs or the approved unit cost assumptions, whichever is less. Reimbursements shall be enacted through a three party agreement including the developer, WRCOG, and the City, contingent on funds being available. In all cases, however, reimbursements under such special agreements must coincide with construction of the transportation improvements as scheduled in the five-year Capital Improvements Program adopted annually by WRCOG. "Section 15.080.060: Procedures for the Levy, Collection and Disposition of Fees A. Authority of the Building Department. The Director of Building and Safety, or his/her designee, is hereby authorized to levy and collect the TUMF and make all determinations required by this Chapter. B. Payment. Payment of the fees shall be as follows: 1. The fees shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever come first (the "Payment Date"). However this section should not be construed to prevent payment of the Fees prior to issuance of an occupancy permit or final inspection. Fees may be paid at the time application is made for a building permit and the fee payment shall be calculated based on the fee in effect at that time, provided the developer tenders the full amount of his/her TUMF obligation. If the developer makes only a partial payment prior to the Payment Date, the amount of the fee due shall be based on the TUMF fee schedule in place on the R:/Ords 2006/0rds 06-04 8 Payment Date. The fees shall be calculated according to fee schedule set forth in the Resolution and the calculation methodology set forth in the Fee Calculation Handbook. 2. The fees required to be paid shall be the fee amounts in effect at the time of payment is due under this Chapter, not the date the Ordinance approving this Chapter is initially adopted. The City shall not enter into a development agreement which freezes future adjustments of the TUMF. 3. If all or part of any Development Project is sold prior to payment of the fee, the property shall continue to be subject to the requirement for payment of the fee, accordingly, the fees shall run with the land. 4. Fees shall not be waived. C. Disposition of Fees. All fees collected hereunder shall be transmitted to the Executive Director of WRCOG within thirty days for deposit, investment, accounting and expenditure in accordance with the provisions of this Chapter and the Mitigation Fee Act. D. Appeals. Appeals shall be filed with WRCOG in accordance with the provision of the TUMF Administrative Plan. Appealable issues shall be the application of the fee, application of credits, application of reimbursement, application of the legal action stay and application of exemption. E. Reports to WRCOG. The Director of Building and Safety, or his/her designee, shall prepare and deliver to the Executive Director of WRCOG, periodic reports as will be established under Section 15.08.070. "Section 15.080.070: Appointment ofthe TUMF Administrator A. WRCOG is hereby appointed as the Administrator of the Transportation Uniform Mitigation Fee Program. WRCOG is hereby authorized to receive all fees generated from the TUMF within the City, and to invest, account for and expend such fees in accordance with the provisions of this Chapter and the Mitigation Fee Act. The detailed administrative procedures concerning the implementation of this Chapter shall be contained in the TUMF Administrative Plan. Furthermore, the TUMF Administrator shall use the Fee Calculation Handbook for the purpose of calculating a developer's TUMF obligation. In addition to detailing the methodology for calculating all TUMF obligations of different categories of new development, the purpose of the Fee Calculation Handbook is to clarify for the TUMF Administrator, where necessary, the definition and calculation methodology for uses not clearly defined in the respective TUMF ordinances. B. WRCOG shall expend only that amount of the funds generated from the TUMF for staff support, audit, administrative expenses, and contract services R:/Ords 2006/0rds 06-04 9 that are necessary and reasonable to carry out its responsibilities and in no case shall the funds expended for salaries and benefits exceed one percent (1 %) of the annual net amount of revenue raised by the TUMF. The TUMF Administrative Plan further outlines the fiscal responsibilities and limitations of the Administrator." SECTION 2: SEVERABILITY. If anyone or more of the terms, provisions or sections of this Ordinance shall to any extent be judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 3: JUDICIAL REVIEW. In accordance with State law, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within ninety (90) days of the date of adoption of this Ordinance. SECTION 4: PROCEDURAL FINDINGS. Temecula hereby finds and determines that: The City Council of the City of 1. On March 28, 2006, the City Council held a duly notice public hearing on this Ordinance, the TUMF Resolution establishing the TUMF and the Nexus Study. 2. At said public hearing, the City Council duly considered that data and information provided by the public relative to the cost of the services for which the fees are proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing. SECTION 5: ORDINANCE NO. 03-01. This Ordinance supersedes the provisions of Ordinance No. 03-01, codified in Chapter 15.08 of the Temecula Municipal Code, provided this Ordinance is not declared invalid or unenforceable by a court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or unenforceable by a court of competent jurisdiction, Ordinance No 03-01, codified in Chapter 15.08 of the Temecula Municipal Code, and all other related ordinances, resolution, and policies shall remain in full force and effect. Nothing in this Ordinance shall relieve any person of any obligations incurred pursuant to Ordinance No. 03-01. SECTION 6. CEQA FINDINGS. The City Council hereby determines, in accordance with 14 Cal. Code Regs. Section 15061 (b) of the California Environmental Quality Act Guidelines ("CEQA Guidelines"), that the Transportation Uniform Mitigation Fee Program 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. The Ordinance establishes a funding mechanism for potential transportation improvements and does not approve the construction nor cause the construction of any specific transportation improvements within Riverside County. This Ordinance will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061 (d) and 15062, the City Manager is hereby directed to cause a Notice of Exemption to be R:/Ords 2006/0rds 06-04 10 prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and, therefore, not environmental impact assessment is necessary. SECTION 7: EFFECTIVE DATE. This Ordinance shall become effective July 1, 2006. SECTION 8: CERTIFICATION. 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 day of , 2006. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2006/0rds 06-04 11 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. 06-04 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2006/0rds 06-04 12 TEMECULA COMMUNITY SERVICES DISTRICT Ii - I. ITEM NO. 12 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MARCH 21, 2006 A regular meeting of the City of Temecula Community Services District was called to order at 7:40 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington and Comerchero ABSENT: o DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 16 Minutes RECOMMENDATION: 16.1 Approve the minutes of February 28, 2006. 17 Comoletion and Acceotance of Construction Contract - Vail Ranch Middle School Basketball Court Liohtino. Proiect No. PW04-06CSD RECOMMENDATION: 17.1 Accept the Vail Ranch Middle School Basketball Court Lighting Project - Project No. PW04-06CSD - as complete; 17.2 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; and 17.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 18 Retrofit Existino Plav Areas at Lorna Linda Parks RECOMMENDATION: 18.1 Approve the agreement with Miracle Playground Sales in the amount of $116,613.00 plus a 10% contingency in the amount of $11 ,661.30 to retrofit playground equipment at Lorna Linda Parks. R:\Minutes\032106 MOTION: Director Edwards moved to approve the Consent Calendar. Director Washington seconded the motion and electronic vote reflected unanimous aooroval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No additional comment. CSD GENERAL MANAGER'S REPORT No additional comment. CSD BOARD OF DIRECTORS' REPORTS No additional comment. CSD ADJOURNMENT At 7:41 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, March 28, 2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\032106 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MARCH 28, 2006 A regular meeting of the City of Temecula Community Services District was called to order at 7:25 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Edwards, Naggar, Roberts, Washington and Comerchero ABSENT: o DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 9 Ratification of Election Results - Tract Mao No. 31344 RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. CSD 06-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 7,2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 10 Ratification of Election Results - Rorioauoh Ranch Soecific Plan #11 RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. CSD 06-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON MARCH 7,2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW R:\Minutes\032806 MOTION: Director Naggar moved to approve the Consent Calendar Item Nos. 1 and 2. Director Washington seconded the motion and electronic vote reflected unanimous aooroval. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No additional comment. CSD GENERAL MANAGER'S REPORT No additional comment. CSD BOARD OF DIRECTORS' REPORTS No additional comment. CSD ADJOURNMENT At 7:26 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, April 11 ,2006, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL R:\Minutes\032806 2 Ii - I. ITEM NO. 13 I I Approvals City Attorney Director of Finance City Manager ~ IIIl 9g TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Services DATE: April 11 , 2006 SUBJECT: Completion and Acceptance for the Patricia H. Birdsall Sports Complex Synthetic Turf - Project No. PW01-17CSD PREPARED BY: William G. Hughes, Director of Public Works/City Engineer Amer Attar, Principal Engineer Jon Salazar, Associate Engineer RECOMMENDATION: That the Board of Directors: 1. Accept the project, Patricia H. Birdsall Sports Complex Synthetic Turf, Project No. PW01-17CSD, Turf as complete; 2. File the Notice of Completion, release the Performance Bond, and accept a 1 year Maintenance Bond; 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 April 26, 2005 the Board of Directors awarded a construction contract to Byrom-Davey, I nc. in the amount of $2,311,700.00 and authorized the General Manager to approve change orders that are within the 10% contingency amount of $231,170.00. The project consists of the procurement and installation of three (3) regulation synthetic turf soccer fields and one (1) championship soccer/football field including a six (6)-inch stone base and sub grade drainage system. 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 is being released pursuant to Public Contract Code Section 7107. FISCAL IMPACT: This project is a Capital Improvement Program Projectfunded through Development Impact Fees, Bond Proceeds, and Capital Project Reserves. The total cost of the project including authorized Contract Change Orders was $2,327,045.36. There was no adjustment in contract item quantities. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECOROING REOUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of T emecula to Byrom-Davey, Inc., 13220 Evening Creek Dr., #103, San Diego, CA 92128 to perform the following work of improvement: Patricia H. Birdsall Sports Complex Synthetic Turf Project No. PW01-17CSD Turf 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on April 11, 2006. That upon said contract the International Fidelity Insurance Company 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: Patricia H. Birdsall Sports Complex, Pechanga Parkway & Deer Hollow Way, Project No. PW01-17CSD 6. The location of said property is: 32380 Deer Hollow Way, Temecula, California Dated at Temecula, California, this 11th day of April, 2006 City of T emecula STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Susan W. Jones MMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 11th day of April, 2006, City of Temecula Susan W. Jones MMC, City Clerk R:\CIP\PROJECTS\PWOl \PW01-1 7CSD TURF\Agenda Report\NoC.doc Form " J Bond No. 0386133 Premium is Included in the Performance Bond CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT MAINTENANCE BOND PROJECT NO, PW01.17CSD TURF TEMECULA SPORTS COMPLEX SYNTHETIC TURF KNOW ALL PERSONS BY THESE PRESENT THAT: Bvram-Davev. Inc. NAME AND ADDRESS CONTRACTOR'S a Corooration (nil In whether e Corporal/on, Pertnership or indivldue/) , hereinafter called Principal, and International Fidelity Insurance ComO_anY NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Two Hundred Thirtv-One Thousand One Hundred Sevenlv DOLLARS and No/10oths CENTS ($ 231,170 .00) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 26th day of ADril, 2005, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW01-17CSD TURF, TEMECULA SPORTS COMPLEX SYNTHETIC TURF. WHEREAS, said Contract provides that the Principal will fumish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and the final estimate was approved on _ 12..31,20~ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor wOrkmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this 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 the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by MAINTENANCE BOND M-1C:\Documenls and Settings~anis\Local Settings\T emporary Internet Files\OLK74\MaintBondAflidavit.cbc .1 . the City of T emecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 17th day of Februarv, 20 06. (Seal) International Fidelity Insurance Company Byrom-Davey, Inc. SURETY By:?JJJ 1 t&/L PRIN~"'h// BY:~Z ~r _~ // '&)~ A. (Name) Leslie Hahn (Name) Attomev-In-Fact (Title) (Title) By: APPROVED AS TO FORM: ~/ smt/~ DA-V0Y (Name) Peter M. Thorson, City Attomey tcJ U ;/,1- If. '5 / ':>#N,'/ (Title) MAINTENANCE BOND M-2C:\Documents and Setljngs~anis\Local Settings\T emporary Internet Files\OLK74\MaintBond.a.ffidavit.doc rei (973) 624-7200 ,. POWER OF ATTORNEY INr~RNATIONAL lilUELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK. NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INmRNATlONAL FIDELITY INSURANCE COMPANY, a co,poradonqrganized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey~ does hereby constitute and appoint MICHAELR. STRAHAN, JAMESP. SCHABARUM, II, M. WAGER, LESLIE HAHN, JEFFREYW. CAVIGNAC San Diego, CA. -..........................,...................... ..................... ....................... .....h.................... .........................................................................................", .. ...... its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety. any and all bonds and undertakings, contracts of indemnity and other writi?gs obligatol}' m the nature thereof, which are or may be allowed. required 9r pennitted by law. stature. rule: Je~tation, contract or otherwise. and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE C9~ANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its pnncJpal office. This Power of Attom~y is executed, and may l;Je revoked, pursuant to and by authority of Article 3-Section 3, of the By~Laws adopted by the Board of Directors of INmRNATlONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February. 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-in~fact, aod to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the narore thereof and, (2) To remove. at any time, any such attomey~in-fact and revoke the authority given. Further. this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Direcrors of said Company adopted at a meeting duly call~ and held on the 29th day of April, 1982 of Which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be afftxed to any such power of attorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile s1gnarores or facsimile sea shall be valid and bindmg URDD the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. INmRNATlONAL FIDELITY INSURANCE COMPANY has caused this instrument to he signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANC~ St.f?- ~B STATE OF NEW JERSEY County of Essex On this 29th day of August 2003. before me came the individual who executed th~ preceding instrument, tl:!. m mee pe'rsooally 1m.. own. a. oct, being. by me duly swom..said Ihe he 1S the therein described and authorized officer of the LL _...Aru ,ATIONAL FIDEliTY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were <:iuly' affix:.ed byor<l,er ofth.l?Boardor-.Direc.tors of said Company. IN TESTIMONY Wl:IERE0.P.lhave,heteut)tt) s~tmY)1and'afflX,e(l my Offici3.l.S~al. at theCityofNewiuk. New Jersey:the day and year flist above written. < ~. ....~..~~.................~ ',. ': ..,:.",,'.... c"'" .."; " ".__..; ,.,;' , ........... .................. .......... ..' ..... ...... ...... ....................... A;ii!O'l'MY pUJ>l:;IC6F(liTEVi'JE~SEt . CER.TIFIcA1'lbN MY qppsiopExlllred-l.v, 21)201Q I. thelltJdetiig~edoflicer of INl'I>)lNATI?l'iA.L'F1Dp:.ITY1N~q~GQMPAt'lY4~ hefebyp"riif)!.(ii.~.F~iiv~~Ol)lllared.l!'e ((jtegoiii*.c(jliy.~1 thi(.. ~~wer of A,1"1111<,~."",d al~da"~;and1li<\<iopy.ofihe~pg~(.!Il of th~Jll'~Laws o{~~id Go,m.P!J1y.~~~;i;forth.in.~i4.PoWer (jfAtliitneyi'iWithithe ORIG!lIALS 9M; IN THE HOME OFFICE OFSAID CbMl'ANY. and' ilia, the same','e correct ~9ijpfs thereof,i!iid ofi!(~.l\'IwJe of thesaid.origina.~",i\lld that th'!i.~id.J:Rwer ofAlthm~y has not y~p i'~voked and is g.o'r\.ig..fyll fors~:',@9- effect ".. '. .. .. '. IN'TESTIMOJ# vfflEREOF. I h~ve he~~~'ose' I11Y ~d thiS 47th dayqf F......i:;b~...............r ui3..r."Il....!.~~~p.. ". .. '", .. .. .... , ,." .... ..~..,..~ .~....~.......f;;~. ............. .,...... . . .,.,.c , ',' '" ,':',' . ,". . ,. .. . .' ~'.' '. .. . .....__. . . .. . . . .." '. .:.: :ti: .;.~:;:,.,:.'::;:::m'. <.:,',i:':>", 4 't,', J':'", ,:... ::.:. ,. ": ,',':'-:"{i: ... . " " " .. . ., . ,'." . . ...'," :.~ssis:'Itl':~):~~ty :,,::. "':\:;, STATE OF California . SS. COUNTY OF San Oiego On February 17, 2006 , before me, Janis E. Theodore, Notary Public PERSONAUY APPEARED Leslie Hahn personally known to me (1IIIfIIIII/I,rU/IIII/I/JUI/IIIUUilllIljIllfItI/UUII/Iy lItIII.IIiJIe) to be the person(f}. whose name(s) islare subscribed to the within instrument and acknowledged to me that lIe/she/tHty. executed the some in W/sIher/lWRr out/rorized copaci1y( 1&), and that by ffMherhWlir signature(/i) on the instrument the person(~), or the entity upon behalf of which the person(l) acted, executed the instrument. WITNESS my /rond and official seal. CJANIS t. THEODORE 1 OMM. #1453200 NOTARYPVBUC-CALlFORNIA Q SAN DIEGO COUNTY (') My Commission expires .... 24, 2007 J "'''lfz;ff~r~f This area for Official Norarial 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 reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INOIVIOUAL D CORPORATE OFFICER TITLE OF TYPE OF OOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S} D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMEO ABOVE 10.1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT CITYOF TEMECULA, PUBLIC WORKS DEPARTMENT TEMECULA COMMUNITY SERVICES DISTRICT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW01-17CSD TURF TEMECULA SPORTS COMPLEX SYNTHETIC TURF This is to certify that Bvrom-Davev, Inc. ,(hereinafter the "CONTRACTOR") declares to-the City of Temecula, under oath, that he/shelit has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW01- 17CSD TURF, TEMECULA SPORTS COMPLEX SYNTHETIC TURF, situated in the City of Temecula, State of California, more particularly described as follows: Sports Park, Corner Pechanqa Drive & Deer Hollow, Temecula, CA INSERT ADDRESS OR DESCRIBE LOCATION OF WORK HERE 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 tothe CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code 37100, 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. CONTRACTOR Dated: March 8, 2006 By: Signature Steve Davey, Vice President Print Name and Title EXHIBIT "A" -INSURANCE ENDORSEMENTS & CERTIFICATES A-1 C:\Documents and Settingsyoann\Local Settings\T empora!)' Internet Files\Content.IE5IHNBVP1 CEIMaintBond&Affidaviq1 ].doc UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT The undersigned has been paid and has received a progress payment in the sum of . $14.578.10 for labor, services, equipment or material furnished to CITY OF TEMECULA on the job of TEMECULA SPORTS COMPLEX located at TEMECULA. CA and does hereby release any mechanics' lien, stop notice, or bond right that the undersigned has on the above-referenced job to the following extent. This release covers a progress payment for labor, services, equipment, or materials furnished to CITY OF TEMECULA invoiced through 12/31/05 only and does cover retentions retained before or after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Mar 8. 2006 (Date) "Ryrnm-n;::n:,-pY--L-.....lPr A 13220 Evenina Creek Drive. *103 San Diego, CA 9t~ (Company Name and ress) By Steve Davey, Vice President (Signature and Title) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE: This form of release complies with the requirements of Civil Code Section 3262(d)(2). Ii - I. ITEM NO. 14 I I Approvals City Attorney Director of Finance City Manager p.v.('" IJIt ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 11, 2006 SUBJECT: Acceptance of a Storm Drain Construction and Maintenance Easement Deed along Margarita Road within the Harveston Development PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors accept the Storm Drain Construction and Maintenance Easement Deed and the Parkland/Landscape Faithful Performance Bond and authorize the City Clerk to record the easement document. BACKGROUND: On July 1, 2004 Temecula Community Services District (TCSD) took over the landscape maintenance responsibilities of perimeter slopes along Margarita Road within the Harveston Development in particular Lot 45 of Tract Map No. 29639-1 located just west of Harveston Way. This lot is owned by Harveston Community Association and TCSD has a landscape maintenance easement over the lot. As a result of this situation, both entities will need to sign the easement document. William Lyon Homes is in the process of developing a residential project adjacent to the perimeter Lot 45. As a result of this residential project a storm drain connection from the project site to Margarita Road will need to be made through a portion of the slope that TCSD is currently maintaining. William Lyon Homes, Inc. has provided the Storm Drain Construction Easement that will expire on September 30, 2006 and the Storm Drain Maintenance Easement that will remain in effect in perpetuity. In addition, William Lyon Homes, Inc. has provided a $100,000 bond to guarantee any damage done to the plants or irrigation equipment during the construction phase will be replaced or repaired to TCSD's satisfaction. The bond will be held for a year after acceptance of landscaping. FISCAL IMPACT: William Lyon Homes, Inc. None. All improvements and maintenance costs shall be borne by ATTACHMENTS: Storm Drain Construction and Maintenance Easement Deed Parkland/Landscape Faithful Performance Bond Vicinity Map ATTACHMENT 1 Storm Drain Construction and Maintenance Easement Deed Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Gov!. Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 APN: 916-560-017 [ ]ALL [X ] PORTION STORM DRAIN CONSTRUCTION AND MAINTENANCE EASEMENT DEED This STORM DRAIN CONSTRUCTION AND MAINTENANCE EASEMENT DEED ("Easement Deed') is made as of this 2--1 S+ day of i'Y\A..\"I'~k. , 2006, by the HARVESTON COMMUNITY ASSOCIATION, a California non-profit public benefit corporation ("Grantor"), the TEMECULA COMMUNITY SERVICES DISTRICT, a public corporation ("Easement Holder"), to and for the benefit of WILLIAM LYON HOMES, INC. ("Grantee"). RECITALS WHEREAS, Grantor is the record fee owner of the real property identified as Assessor's Parcel Number 916-560-017, and described as Lot 45 of Tract No. 29639-1 as per Map filed in Book 323 of Maps, at Pages 50 through 60, in Records of Riverside County, California (the "Burdened Land'); and WHEREAS, Easement Holder holds an easement for landscape maintenance purposes and all uses necessary or convenient thereto over the Burdened Land and several other parcels pursuant to a Grant of Easement from Grantor to Easement Holder recorded as Instrument No. 2544-28735\ 619101.3 2002-525035 of Official Records, County of Riverside ("Easement Holder's maintenance easemenf'), and which is incorporated herein by this reference; and WHEREAS, Grantor wishes to convey to Grantee an easement for purposes of constructing, using, maintaining and repairing a storm drain over portions of the Burdened Land described in Exhibit "A" hereto and depicted on Exhibit "B" hereto; and WHEREAS, the Easement Area lies within Easement Holder's maintenance easement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee and its successors in interest and assigns, the easement described below, and Grantee and Easement Holder hereby consent to said grant of easement, subject to the conditions set forth below. 1. Incorooration of Recitals. The recitals set forth above are incorporated herein by this reference. 2. Grant of Easement. Grantor grants to Grantee and its successors and assigns, a perpetual, non-exclusive and appurtenant easement ("Easement') for the construction, use, maintenance and repair of a storm drain over, under and across a portion of that certain real property owned by Grantor in the City of Temecula, County of Riverside and described in Exhibit "A" hereto and depicted on Exhibit "B" hereto ("Easement Area"), which are incorporated herein by this reference. 3. Benefit of Easement. The Easement granted hereby is for the benefit of Grantee, its successors in interest and assigns, and the abutting real property described as Lot 1 of Tract No. 32169 as shown on a Map filed in Book 379 of Maps, at Pages 70 and 71, in the Office of the Riverside County Recorder (the "Benefited Land'). The provisions of this Easement Deed shall be covenants which concern and run with the Burdened Land and the Benefited Land, to bind on and benefit the owners of such land and their successors in interest. 4. Grantee ResDonsible for Costs. a. Grantee shall be solely responsible for all costs related to (i) the construction, use, repair and maintenance of the subject storm drain; (ii) all costs or liabilities incurred by Grantor or Easement Holder as a result of damage to any landscape improvements within the Easement Area caused by the construction, use, maintenance or repair of the storm drain; and (iii) any other professional fees associated with the storm drain and all other obligations of Grantee contemplated by this Easement Deed. Grantee's responsibility includes all costs associated with the continued maintenance of landscaping that will be disrupted during the construction period and the reinstallation of all plants and irrigation equipment to Easement Holder's standards and approval after the construction period. b. The Grantee shall provide Easement Holder with a surety bond in the amount of $100,000 and in a form satisfactory to the Easement Holder, in its sole reasonable discretion, for the purposes of insuring that all existing plants, hardscape, softscape and irrigation equipment present at the date of this grant are suitably reinstalled or repaired to Easement Holder's satisfaction by Grantee. The bond shall be released by the Easement Holder after a one year maintenance period from the date of acceptance of the landscape installation by the Easement Holder. 2544-28735\ 619101.3 -2- 5. Duration of Easement. The Easement shall continue for so long as Grantee shall use the Easement Area pursuant to this grant. The storm drain construction easement shall expire at the end of the installation of the storm drain or on September 30, 2006, whichever occurs first. 6. Indemnification bv Grantee. Grantee covenants and agrees that it shall indemnify, defend, protect and hold harmless the Grantor and Easement Holder, its officers, directors, members, agents and/or employees from and against any and all liability, loss or damage to which the Grantor, its officers, directors, members, agents and/or employees may be subjected to as the result of the rights granted herein or the existence or presence of the materials, plants, structures and improvements covered and/or contemplated by this Easement Deed or any act or omission by Grantee, its officers, members, agents or employees arising out of the exercise by Grantee, its officer, members, agents or employees of any of the rights granted to Grantee by this Easement Deed. 7. Insurance for Grantor. Prior to entering the Easement Area to construct or repair the storm drain, Grantee shall provide Grantor with evidence of insurance. The evidence of insurance shall include evidence that Grantor is named as an additional insured during the course of construction or repair of the storm drain by (i) the contractors who construct or repair the storm drain, under a commercial general liability policy with not less than $1,000,000 coverage on form CG 2010, and (ii) the Grantee under a comprehensive liability policy with not less than $1 ;000,000 coverage. After completion of the construction or repair of the storm drain on the Easement Area, Grantee shall provide Grantor with evidence that Grantor is named as an additional insured for maintenance of the storm drain, under the policy of property insurance maintained by Grantee or the Savannah condominium homeowner's association having jurisdiction over Tract No. 32169. All such forms of insurance shall provide that the poliCY may not be cancelled or modified without thirty (30) days' prior written notice to Grantor. Grantee waives any right of subrogation it may have against Grantor with respect to claims covered by the policy and Grantee agrees to obtain a waiver of subrogation of rights from each insurance company issuing such policy. 8. Comoliance with Laws. Grantee covenants and agrees that it shall at all times construct, maintain, use, repair and operate the Easement Area in compliance with any and all applicable federal, state or local laws, regulations, codes, ordinances, standards, decisions of the courts, permits or permit conditions. 9. Permitted Use. Grantee shall use the Easement Area solely for the purposes stated in this instrument and for no other use, purpose or purposes whatsoever. 10. Reservation bv Grantor and Easement Holder. Nothing in this Easement Deed is intended to in any way limit the rights of Grantor and Easement Holder, or require them to obtain Grantee's consent, to construct, operate, maintain, renew and/or relocate the landscape, irrigation and other improvements within the Easement Area which are the responsibility of Easement Holder or Grantor, provided that in the exercise of such rights Grantor and Easement Holder shall use reasonable care not to materially interfere with or block the use of the Easement Area by Grantee or to damage the storm drain located thereon. 11. Miscellaneous. a. Waiver. If Grantor, Easement Holder or Grantee fails to insist on the strict observance by the other party of any of the provisions of this Easement Deed, neither party 2544-28735\ 619101.3 -3- shall be precluded from subsequently enforcing this Easement Deed or be held to have waived any such provision. b. Relationship of the Parties. Nothing in this Easement Deed shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent, partnership, joint venture, landlord and tenant or any other association between Grantors and Grantee other than the relationship described herein. c. Entire Agreement. This Easement Deed, including all exhibits hereto (which are hereby incorporated herein by reference for all purposes), contain the full and final agreement of every kind and nature whatsoever between the parties hereto concerning the subject matter set forth herein and all preliminary negotiations and agreements of any kind are merged herein. This Easement Deed may not be changed, amended or modified in any manner other than by a written amendment or modification executed by and between Grantors and Grantee or their respective successors and/or assigns. d. Captions. The captions used in this Easement Deed are for convenience only and therefore do not constitute a part of this Easement Deed and do not amplify or limit the meaning of the provisions of this Easement Deed. e. Partial Invalidity. If any provision of this Easement Deed or the application thereof shall be held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Easement Deed in its application shall not be affected by such partial invalidity but shall be enforced to the fullest extent permitted by law as if such invalid or unenforceable provision was never a part hereof. f. Applicable Law. This Easement Deed shall be construed in accordance with the laws of the State of California and the parties agree that jurisdiction for all actions hereunder shall lie in the State of California. g. Costs of Enforcement. If any legal or equitable action or proceeding is instituted by one party against the other to enforce or interpret any provision of this Easement Deed, the prevailing party in such action shall be entitled to recover from the losing party all of the prevailing party's costs of suit, including, but not limited to, reasonable attorneys' fees awarded by the court. h. Successors and Assigns. All rights, obligations and liabilities herein given to or imposed upon any party hereto shall extend to the permitted successors and assigns of any such party. i. Time of Essence. Time is of the essence of each provision of this Easement Deed in which time is an element. j. Counterparts. This Easement Deed may be executed in one or more identical counterparts and all such counterparts together shall constitute a single instrument for the purpose of the effectiveness of this Easement Deed. (Signatures on following pages) 2544-28735\ 619101.3 -4- IN WITNESS WHEREOF, the Grantor, Easement Holder and Grantee have caused this Easement Deed to be executed as of the day and year first above written. "GRANTOI?' HARVESTON COMMUNITY ASSOCIATION, a California nonprofit public benefit corporation By: ~"",,,P,.:.u ~ -r;:~dTe Wilson, President By: A1I/bA~/ Patty S~inhower, Treasurer STATE OF CALIFORNIA COUNTY OF e, JoeK;tJ.~ On 'fY\cvn_V\ ~3 ,:ut>c" before me, L.ln.e:i-k m,. Oo:.."4--NrJ~'f'~ (here insert name and trtle of the officer) Oa.. ~ .5 j2u-V\ Y'tDu..:>e r personally appeared and personally known to me (sr J3reweg tQ R:I'i M +ho ho~;~ "f ~"'tigfaslsFY evieleF1se) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: kra ~~b&Ss._- ~a L'/NETIEM. ] ~ Commllllon # 1538494 c. i.. Notary PublIC . CaIIfOmIa " RtvenIde CClI.IlIv J MvComm.ElcpNsDec26,2IllII J ., 2544-28735\ 619101.3 -5- CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT }ss. .~~ 1 1 1 >w"",,,,,,,'__~':!_".~~_"~V'_'.h';"'~'.:-'V':-:"'V'~'W'~"Y'::~"v"'-~",':: ] ) j " 1 , , I 1 1 1 1 1 1 1 1 1 1 1 1 1 ~ Signer's Name: D Individual ./ D CorporateOfficer-Title(s): / D Partner - D Umited D neral D Attorney-in-Fact D Trustee D Guardian .~DOth' j . igner Is Representina: j : > . ~ . ~ _ _ ,=,,:,"'-.'/.'."":::',,',>.':,,:';:_,<>'.::~..;,':~-'~~','J:d';,'~>:""">:'~~-'::=A;;'='~':""":;:~'N';,-,;,,'::~"',~-.;_~.N':"""~~""N...~"t State of California County of OR AN (.;-6' On fVlakck :f.1. QooG before me, -2enh. 'APansk IJl0tarvt 'ruin(L~ Data --r-;,. j. C\_ W LV ~n0Il1Nam'andTitl90fOffilfer(e.g.,"JaneD~NOlaryPUbliC.) personally appeared I ~ . 1_, Name(sjof Signer(s) b(personally known to me D proved to me on the basis of satisfactory evidence to be the person(-sl whose namefet is/..... subscribed to the within instrument and acknowledged to me that -he/she/Iller executed the same in -Iris/herllheir authorized capacityfie* and that by ~herllheir signaturef07 on the instrument the person(s). or the entity upon behalf of which the person(s) acted, ~x_aed the instrument. WIT~~da~~gk ~ ! Si9"""""'~r"b'f" - -- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Tges: / .~M;\W)'IY_ Top of thumb here @1999NationaINotaryAssociation'9350DeSotoAve., P.O. Box 2402. Chatsworth, CA91313-2402' www.NaUonaINotary.org Prod. No. 5907 Reorder; Call Toli.free 1-600-876-6827 ~ I---~. ::t . SANJAZUPANSKI _ Commission # 1600638 ~ . .,,; Notary Public - California ~ J Orange County [ ~ " MyComm.~p1res~12.2~9( Description of Attached Document Title or Type of Document: ~ ; ~ Document Date: , \ ! ~ ~ @ J Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ( "EASEMENT HOLDER' TEMECULA COMMUNITY SERVICES DISTRICT, a public corporation By: Chuck Washington, Board President STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: " 2544-28735\ 619101.3 -6- "GRANTEe' WILLIAM LYON HOMES, INC., a Califo ia corpo~d - l By: \ Name: --.z.clo::::" I<,u(...., Title: A S!;...." ~~_4. <_ r ~ L -t..,..-I I By: c:::: ') ~ Name: //4..y~ r Title: /.!.r.r.,r,t!'.4....yt f-.tr:"/C'F4'/_ --' STATE OF CALIFORNIA COUNTY OF On , before me, (here insert name and title of the officer) personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: 2544-28735\ 619101.3 -7- CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ",'A."~'''''~''':';'--A.-;,-",,;,-,,,,;'-~'.'..L_.~.\.'.~~.'..':~~.'..':~_~.:.'.-.,_.:.-...............,.....~"..."...."....,,-.....v~_....;,-,...;,,....<....;,....,.........""".-,.".,~~ State of californiW County of fi/tltl!5 / ()~ //ftj(6f ~ /J.OOc. personally appeared before me, I0CIC. }ss./ '-- /8WJ I ;( ~eftf U , Rusiian~o1S;9NIEDZ NOJ:iC.~AlG Name(s) of Signer(s) On Date u.p€rsonally known' to me r - -.:',,- . - "JENNIK GARCEA!f - R in. COMM. #1547409 ~ ~ NOTARY PUBLIC" CALIFORNIA !Il . . RIVERSIDE COUNTY J ~ _ _ _ _ _ _ M! ~o~~. Ex~ir~s_.J~n. _2~: :O~_9 _ ~ D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~~f "-- .si;nt~l'ubliC OPTIONAL 'L----': Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Place Notary Seal Above Description of Attached Document Title or Type at Document: Document Date: Number ot Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Aftorney in Fact o Trustee o Guardian or Conservator o Other: .l't\\'~il~~ Top of thumb here Signer's Name: o Individual o Corporate Officer - TiUe(s): o Partner - 0 Limited 0 General o Aftorney in Fact o Trustee o Guardian or Conservator o Other: - -- Top of thumb here Signer Is Representing: Signer Is Representing: ~/_Y"'''''''''''''''''''''''''/~~_'''''''''/__'''_'~~~'/~'''~'''t.')f~....~~ @2004NationaINotaryAssociationa9350 De !?oto Ave., P.O. Box 2402. Chalsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBITS A AND B LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF EASEMENT AREA 2544-28735\ 6t91OI.3 January 25, 2006 Sheet 1 of 1 EXHIBIT "A" STORM DRAIN EASEMENT BEING A PORTION OF LOT 45 AS SHOWN ON TRACT NO. 29639-1 FILED SEPTEMBER 23, 2002 IN BOOK 323, PAGES 50 THROUGH 60, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 45; THENCE SOUTHWESTERLY ALONG THE WEST BOUNDARY LINE OF SAID LOT 45 SOUTH 32"21'28" WEST A DISTANCE OF 52.02 FEET TO TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY LINE SOUTH 57038'32" EAST A DISTANCE OF 3.97 FEET; THENCE SOUTH 30054'57" WEST A DISTANCE OF 185.82 FEET; THENCE SOUTH 30010'56" WEST A DISTANCE OF 58.58 FEET; THENCE NORTH 59048'09" WEST A DISTANCE OF 10.02 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 45, SAID POINT ALSO BEING ON A NON-TANGENT 1295.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 59043'29" WEST; THENCE NORTHEASTERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT 45 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 02004'57" A DISTANCE OF 47.07 FEET; THENCE NORTH 32021'28" EAST A DISTANCE OF 197.62 FEET TO TRUE POINT OF BEGINNING. CONTAINING: 1731 SQUARE FEET, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED ~E_ 0: UNDER MY DIRECTION ~ ~ r___ LONIE K. CYR, PLS 6919 . MY LICENSE EXPIRES 9/30/07 O:\300-58\LDStormDEasement 1 Ol-25-06.doc ... / NORTH VICINITY MAP NOT ro SCAlE CURVE TABLE NO. RADIUS DELTA LENGTH C1 1295.00' 02'04'57" 47.07' ~ I I- <( -.l ~ Z ~ <( 0:: o :::;: 0:: o I- (fJ I co Lfl o o t') ,./ 0.. <( :::;: CITY OF TEMECULA ~ DEPARTMENT OF PUBUC WORKS 9- co Lfl I o o t') ,./ J o 0:: 0.. ,./ Z .LEGEND BE] INDICATES AREA OF STORMDRAIN EASEMENT. CONTAINS ::I: 1,731 SQUARE FEEf POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING POC TPOB " n,.. / "00 () 0' V 'V .;;;;. ^,O) (:;"0 ^'" 0' A.'-<:;'~' SA V ANNAH DR. t:!.59'4J'29"W 181... LOT 35 ! ~ , fLaT 35. TRACT NO. 30557-1 M.B. 355/18-21 RECORD OWNER: TRACT NO. 29639-1 M.a. 323/50-60 LOT 45 PREPARED BY: LUNDSTROM & ASSOCIATES ONE R/DGEGATE DR/VE, SUITE 210 TEMECULA, CA. 92590 TEL: (951) 491-6690 / / EXHIBIT "B" STORM DRAIN EASEMENT DRAWN BY: SS DATE: 01/26/06 ~ , 1 / I I~ .' ... (') 3: o SHEET 1 OF 1 ATTACHMENT 2 Parkland/Landscape Faithful Performance Bond Bond No. 8U5018637 Premium: $1.,000.00 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and Wi 11 i i'lm T.vnn HnmPR, Inc. (hereinafter designated as "Principal") have entered into an "Storm Drain Construction and Maintenance Easement Deed" dated as of ("Agreement") whereby Principal agrees to repair and replace certain landscaping improvements, which said Agreement, and identified as Project Tract 29639-1, Lot 45 , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; NOW, THEREFORE, we the Principal and Arch Insurance Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $100,000.00, lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such C:\Documents and Setting~pshahabi\Local Settings.Temporary Internet FileSOLK2aBond for Rick Rush.doc 02110/2006 obligation, all to be taxed as costs and included in any judgment rendered. C:\Documents and SettingApshahabi\Local SettingATemporary Internet FileSOLK2aBond for Rick Rush.doc 0211012006 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed there under or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on February 10th , 20 06 (Seal) (Seal) (Title) PRJ""iPAJlW?I":;:~O'. By: \(~~_\-"~~. .. ,- I <.- c~. 'l<u~ (Name) Assistant-Secretaty (Title) (Name) Attorney-in-Fact By: 1/---7 D~~9 (Name) Assistant-Secretary (Title) APPROVED AS TO FORM: ~ Peter Thorson, City Attorney C:\Documents and Settingspshahabi\Local Settings.Temporary Internet FileSOLK2QBond for Rick Rush.doc 02/1 0/2006 POWER OF ATTORNEY Know All Men By These Presents: That the Arch '.nsurance Compa!1Y-, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the 'Company") does hereby appoint Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH)- its true and laWful Attorney(s)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and at; -its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any' promissory note, check, draft or letter of credit - - '. . This authority does not permit the same obligation to. be sp.lii into two or more bonds in order to bring each such bond y;ithin the dollar'limit of authority as set forth herein. .. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its' regularly elected officers at its principal.office in Kansas City, Missouri. This Power of Attorney is executed by" authority of resolutions adopted by unanimous consent of the Board of Directors' of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: ''VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees deSignated-in writing and filed with the Secretary, or the Secretary shall have the power and authority'to appoint agents and attorneys-in-fact, and 10 authorize them 10 execute on behalf of the Company, and attach the seal of the Company therelo, bonds and undertakings, recognizances, contracts of indemnity and other wrilings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." . This Power of Attorney is signed. sealed and certiijed by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the Preside",t, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signat~re of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimil'e on any'iiower of a'ttorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so execuled, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Pri'lited in U.S.A. . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ------<c'c:~c:c:~----'.....,,-"--~--- State of ("jJ 1 i -Forni o:i County of Oranae On FES 1 0 Z006 _ before me, personally appeared Janina l:.........a.a......c ) .~ \1 \ \ \ \ \ \ \ f ~1 U {1 {1 {1 {1 {1 fj l' ~.- - -. .PARIS~' 1 - Commission # 1572409 E ~,,; Notary PublIc . C<lIIIcmIa ~ ~ MvC<nm~~4,2lXl91 ,------.-.....-- ............ ""-----' , \ \ \ \ \ \ \ \ \ \ ~ \ \l \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~ . . , \ \ \ \ . Paris Shahabi I Notary Public Name and Title of Officer (e.g., ~Jane Doe. Notary Public") . Names) of Signer(s) ./ Signature of Notary Public Though the information below is not required by law; it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: I It {1 \1 '\ '\ '\ 'I '\ Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer o Title(s): o Partner ~. 0 Limited 0 General IXI Attorney-In-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here ~ ~ \ \ \ Signer Is Representing: \ \ I \ \, ..--------- - , --------- ,- --------------~ 80-11339/97 Number of Pages: Signer's Name: o Individual o Corporate Officer o Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator ~ D Other: Top of thumb here Signer Is Representing: ,. \ \ ~~~,~-----,-----,--,---~. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~""'''''''"''''~~'''''~~""",,,",~'<''k>~''''''''''<-<k'>'V'''''V'''''''~,::.'''':,::.=-:,_,;.r--::._,:.~"~.':L_~.':_':~'.'.::_".::_'_~ State of California {A\~ ,p ,,=..,~ ,,\ po. On "f"'r\ \L\ ,~()l D, Date' before } ss. ,~\?F'0\h\n C>.., County of personally appeared \\\C'.y me, Name and Title of Officer (e.g., "Jane Doe, Notary Public") \J,UQ,YI "",n \\r,n\P- \ ~ Name(s)of Signer{s) \ N1('-, ~ ~--_._.---------------~ ~._ S. PERKINS ~ - COMM. #1582657 8! - .' NOTARY PUBLIC - CALIFORNIA ~ ~ RIVERSIDE COUNTY ~ j , "-~! ~o~~~. ~~i~S ~~ ~7 ~ 2~~ ~i \)(persOnallY known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WIT:~t:an~;~r~ Signature of Nolary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TItle or Type of Document: D~ S gner(s) Other Than Named A~ ~ Numb7 C ~pacity(ies) Claimed by Signer(s} Si ner's Name: D ndividual D orporate Officer - Title(s}: D P ner - D Limited D General D Atto ey in Fact D Truste D Guardian D Other: / In ' idual Corpor Officer - Title(s): Partner - D 'ted D General Attorney in Fact Trustee Guardian or Conservator Other: ~ --- Top of thumb here ~ 1illI!lB!1~. Top of thumb here ansa -- Signer Is Representing: Signer Is Representing: ~~~~--..~"",*",~q~..."'l'-'"/~~_~__~""""-""'fJ~~~~~ @2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6627 Suretv Bond Review The attached surety bonds (Arch Insurance Company) have been reviewed. (William Lyon Homes Inc.) Bond # SU5018637 $ 100,000 Ja'The surety company is an admitted company in the State of California r:ar;;e admitted company was verified at www.insurance.ca.gov/docs/fs/admitted.htm DThe surety company is not an admitted company in the State of California Surety bond reference is A.M. Best 2005 version 071400 (A-:FSC XIV) Verified by: ~ Gus -Papagolos, Fiscal Services Manager Approved As to Form: J/f#/ P~ter M. Thorson, City Attorney Company Profile Company Profile Page 1 of2 ARCH INSURANCE COMPANY ONE LIBERTY PLAZA, 53RD FLOOR NEW YORK, NY 10006 800-821-5546 Former Names for Company Old N . FIRST AMERICAN INSURANCE COMPANY DBA AMERICAN FIRST Ef" t. D t . 11-06-2002 ame. INSURANCE COMPANY lee lve a e. Old Name: FIRST AMERICAN INSURANCE COMPANY Effective Date: 01-05-1987 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 TJnahle to Locate the A2:ent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 11150 1279 3005-6 July 19, 1985 UNLIMITED-NORMAL Property & Casualty MISSOURI Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the 2:lossarv. AIRCRAFT AUTOMOBILE BOILER AND MACIDNERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE http://cdinswww.insurance.ca.gov/pls/wu _ co _lines/idb _ co "proC utl.get_ co "prof?p _ EID=6740 02/14/2006 Print Map Page Page 1 of 1 City of Temecula Geo!:'ranhic Information S"stems 43200 Business Park Drive Temecula, CA 92590 (951 )308-6300 www,cityoftemeculaorg Vicinity Map Storm Drain Easement Area http://www.cityoftemecula.orglGIS _IntranetIPrint]rocess.asp?xMin~6284505 .0670 152... 03/09/2006 REDEVELOPMENT AGENCY Ii - I. ITEM NO. 15 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY March 21, 2006 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:41 PM" in the City Council Chambers, 43200 Business Park Drive, Temecula, California, ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, and Naggar ABSENT: o AGENCY MEMBERS: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones, PUBLIC COMMENTS No comments, RDA CONSENT CALENDAR 19 Minutes RECOMMENDATION: 19,1 Approve the minutes of February 28, 2006, MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency Member Washington seconded the motion and electronic vote reflected unanimous aooroval. RDA EXECUTIVE DIRECTOR'S REPORT No additional reports, RDA AGENCY MEMBERS' REPORTS No additional reports, R:\Minutes\032106 RDA ADJOURNMENT At 7:42 P,M" the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 28, 2006, 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, Michael S, Naggar, Chairman ATTEST: Susan W, Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\032106 2 Ii - I. ITEM NO. 16 I I Approvals City Attorney Director of Finance City Manager ~ IJI2- ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: William G, Hughes, Director of Public Works/City Engineer DATE: April 11 , 2006 SUBJECT: Award the Construction Contract and Approval of a Soil Excavation and Temporary Entry Agreement with the Rancho California Water District for- Temecula Education Center Rough Grading - Project No, PW06-03 PREPARED BY: Greg Butler, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: That the Agency Members: 1, Award a construction contract for Temecula Education Center Rough Grading, Project No, PW06-03, to Yeager Skanska, Inc, in the amount of $3,155,810,00 and authorize the Agency Chairperson to execute the contract. 2, Authorize the Executive Director to approve change orders not to exceed the contingency amount of $315,581, which is equal to 10% of the contract amount. 3, Approve an appropriation of $730,000 and $270,000 ($1,000,000 total) for the Temecula Education Center Rough Grading Project No, PW 06-03 from Developer Reimbursables and Reimbursement from the Rancho California Water District (RCWD), respectively 4, Establish estimated revenues forthe Temecula Rough Grading Project No, PW 06- 03 in the amount of $730,000 and $270,000 ($1,000,000 total) for Developer Reimbursables and for Reimbursement from RCWD, respectively, 5, Approve an advance of $1,000,000 from Redevelopment Agency Affordable Housing Funds to the Temecula Education Center Rough Grading Project No, PW 06-03, 6, Approve a Soil Excavation and Temporary Entry Agreement with the Rancho California Water District, and authorize the Executive Director to execute the Agreement. BACKGROUND: In orderto expedite completion of the overall education center, itwas determined that City Staff should administer the rough grading component. This project involves the removal and compaction of approximately 115,000 cubic yards of on site soils, importing and compacting of roughly 660,000 cubic yards of earth to bring the site to grade, as well as the importing and placing nearly 330,000 cubic yards of surcharge material over one half of the site to initiate consolidation of the underlying soils, All import soils will be brought in from the Rancho California Water District (RCWD) property located immediately northwest of the site, Per the "Development Agreement" (DA) with the Temecula Education Center (TEe) Developer, A,G, Kading (AGK), relocating of surcharge materials to facilitate surcharging the remainder of the site, and eventual removal and disposal of the surcharge soils, back to the RCWD site, when adequate settlement of the site has been achieved will be the responsibility of AGK, Nine (9) bids were received and publicly opened on Monday, March 27, 2006, The results were as follows: 1, 2, 3, 4, 5, 6, 7, 8, 9, Yeager Skanska, Inc, Southern California Grading, Inc, Road Builders, Inc, DOJA, Inc, Harris Construction Engineering, Inc, Fleming Environmental, Inc, Vance Corporation SEMA Construction, Inc, Beador Construction Co" Inc, $ 3,155,810,00 3,278,825,50 3,582,020,00 3,788,050,00 3,869,887,50 3,872,787,50 4,215,735,00 4,295,295,00 4,999,700,00 A copy of the bid summary is available for review in the office of the City Engineer. Staff had reviewed the bid proposals and found Yeager Skanska, Inc, to be the lowest responsible bidder. Yeager Skanska has extensive grading and earthwork experience, public and private, and has a record of successfully completing public works projects for various public agencies including various projects for the City of Temecula, In order to fully fund the project an advance of additional revenue totaling $1,000,000 is needed to cover the cost of construction, provide for a 10% contingency, and to provide the necessary professional services to properly manage, inspect and perform material testing during construction, These additional revenues will be reimbursed by AGK and as discussed below by the Rancho California Water District. As stated earlier, the large quantity of import soil to be utilized in this project is from RCWD lands to the north and east of the project site, Attached with this report is the Agreement between RCWD and the City that outlines the terms for the utilization of RCWD's excess soil. As part of the Agreement, RCWD will pay the City $0,50 per cubic yard for soil permanently utilized on the Education Center site up to a maximum of the $292,500 and this will be offset by reimbursement of RCWD staffing costs on the project, and topographical surveys by RCWD to determine the amount of soil removed, Staff estimates obtaining the maximum revenue $292,500 with RCWD offset expenses totaling roughly $22,500, resulting in net revenue of $270,000 which isallocated to the project. Other City or Developer expenses stipulated in the Agreement involve preparation of stockpile plan for return of the surcharge soils, restoration and maintenance of the RCWD borrow site and one-half of the cost of a new fencing along our border with the RCWD after construction, These expenses are addressed in the project budget. RCWD Board approved the Agreement at their meeting on March 9, 2006, Staff recommends approving the Agreement and authorizing the Executive Director to execute the Agreement. FISCAL IMPACT: The original appropriation of funds for this capital improvement project is included in account number 165-199-835-5804, The account includes $3,000,000, of Redevelopment Agency low and moderate income set aside funds budgeted for affordable "for rent" units to be established as part of the Education Center. The DA requires that the developer, AGK, construct the affordable housing units thereby ultimately ensuring that these funds be used for affordable housing, As described above, additional revenue totaling $1,000,000 is needed to fully fund the project. Staff recommends that the additional funds be comprised of an allocation of $1 ,000,000 from Redevelopment Agency Affordable Housing Reserves, The $1,000,000 appropriation in Affordable Housing funds will be reimbursed from AGK, as stipulated in the DA, upon AGK taking ownership of the property, The transfer of ownership, as prescribed in the DA, shall occur no later than 90 days after substantial completion of this rough grading project. The exact appropriations are shown in detail below as well as the detail of the available revenue for the project. With the additional appropriations shown below, sufficient funds will be available for the project. Account No. 165-199-835- 5801 Admin 5802 Design 5804 Const. 5805 Const. Eng Totals A FY 05/06 A ro riation $ $ $ $ $ o o 3,000,000 o 3,000,000 riation Detail Additional A ro riation $ 175,000 $ 0 $ 475,000 $ 350,000 $ 1,000,000 Adjusted A ro riation $ 175,000 $ 0 $ 3,475,000 $ 350,000 $ 4,000,000 Available Revenue Detail Actual Additional Total Revenue/ Current Additional Revenues Revenues Appropriation Appropriation Appropriation Redevelopment $ 3,000,000 $ 0 $ 3,000,000 $ 3,000,000 $ 0 Aqencv - Housinq Developer $ 0 $ 730,000 $ 730,000 $ 0 $ 730,000 Reimbursables RCWD $ 0 $ 270,000 $ 270,000 $ 270,000 Reimbursement Totals $ 3,000,000 $ 1,000,000 $ 4,000,000 $ 3,000,000 $ 1,000,000 ATTACHMENTS: 1, Temecula Education Center Location - from CIP Budget 2, Temecula Education Center Description - from CIP Budget 3, Construction Contract 4, RCWD Soil Excavation and Temporary Entry Agreement (Project No, D1185) ~ u z o ~ 2J ~ ~ ~ u ~ " z ..... 8 ::= I"'l ~ ~ ~ ~ ~ E:: U o ~ b es. t; '" o 0' ~I ~ ;; ;:l 1,':: t- oo - ~ z~ .... <J I >< <U \\\ \ ;> 0 ~ ..g "~ 0 " ... oi ~ \-<- 0 0 ~ ~ ~ s- o "" " " o^ 0 g Uu '" 0 p., .!'1 ~ "" .<U " po. ~ e i\ \\ % ~ B " jj '" \~ \8 ^p u ~ ~ ,~ ~ \\ ,g " :!1 -\ 0 - " <U .B .;:: ~ '" 00 \~ :B <> .1'11 <> \ ~ "" '" g ~ g g \ .~ <U '" 5 " \ \ \ \ '< " o 0 b "" 00 o 0 g <> 00 u on , 00 \:J ^<J "'~ a <- 00 00 _ <> 00 00 ~ \~ 0\0:$ <> ~ '" -:1:\ '" ..... \ ~ ~ " 00 5 ~\g "" 00 \ t5 '--..;:1 .$ i\ , - B '0 " zg ;> . ~ '" ~.~\ ~ g ........'Ef ~~ 0 g 8 \ ".. 0 ",,0 \ - o <:l <:l P- I !~ 0..... <oJ) "'l " g? .~ ~ % I .!'1 i\ !\ '" 'g "'\ 0 " <J '" OJ 0 :'l rfl ~ () "2 ~~ 0 ""' 0 \:J a <u 0 ~:r:: g 5.,j OP. p.., <:l D " ' s~ B$ D_ ~ g - '" '" ~ ro: 'B """ ;1'" "" .;> .. rflg " g", ..g<8 ~ ~ ~~ "'..... j ~:l!! d)~ \ '\l~ ~ ~ Q)~o 5 bil ,~~ _ 0 a"g a :ll <:lZl -So ~~ 0 .;-1 ...... 3 u 0 .%~ ~~ :g g d " ~ .","" ~~ 00_ _A ~po. ~~ ~~\O ~.s ",,,, ' t - ..( '"0 .s ""\"" \ _ 0 0 ~ "" z~\-< .... ~\ \~ " v 0 ;; ~ t '.... - ~ '" ,s " ~ <u U A 1J .- .- 19 cU ., " 0 ~ a .....\ -,:: , P <:l -a .10-1 0 ..... ?I'~ a~ . " u ~ \..l ".. '0 "0 ~ ..... .....s::>. ..... 0 ;; .... " 0 g <J ..... .. " ll:l p.. ." " " 4) l-4 ~s::>. .. e g -u 00 .... '" "e ..- ~ ~ is ~ .... .~ Q CI.l !U Q .~ g d .. .. A,~ ~ \~ 0 " po. p.,A p:l ~ ..:l [-< .~ 00 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW06-03 TEMECULA EDUCA nON CENTER ROUGH GRADING THIS CONTRACT, made and entered into the 11'h day of April, 2006 by and between the City of Ternecula, a municipal corporation, hereinafter referred to as "CITY", and Yeager Skanska, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The cornplete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW06- 03, TEMECULA EDUCATION CENTER ROUGH GRADING, Insurance Forrns, this Contract, and all modifications and arnendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplernents as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as arnended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06-03, TEMECULA EDUCATION CENTER ROUGH GRADING. Copies of these Standard Specifications are available from the publisher: SNi Building News Division of BNi Publications, Inc. 1612 South Clernentine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction rnaterials, and construction methods for this Contract except as arnended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW06-03, TEMECULA EDUCATION CENTER ROUGH GRADING. In case of conflict between the Standard Specifications and the other Contract Docurnents, the other Contract Docurnents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Docurnents describe portions of the work in general terms, but not in cornplete detail, it is understood that the item is to be furnished and installed cornpleted ,and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 R:\CIPlPROJECTSIPW06\PW06.03 TEG Grading\AgreementslConstruction Contractdoc The Contract Documents are complernentary, and'what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Docurnent shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW06-03, TEMECULA EDUCATION CENTER ROUGH GRADING All of said work to be perforrned and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Docurnents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, rnaterials, toolS, equiprnent, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payrnent for, the work agreed to be done, the sum of: THREE MILLION ONE HUNDRED FIFTY FIVE THOUSAND EIGHT HUNDRED TEN DOLLARS and NO CENTS ($3,155,810.00 ), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed seventy (70) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not cornrnence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to rnake, by written order, changes or additions to the work in an arnount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before subrnittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payrnent requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a surn equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payrnent request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. CONTRACT C-2 R:\C!PlPROJECTSIPW06\PW06-03 TEe GradinglAgreementslConstruction Contractdoc The final payrnent, if unencumbered, or any part thereof unencurnbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forrns provided by the CITY. C. Payments shall be rnade on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payrnents on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payrnent requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is rnore than 50% cornplete, The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the surn of five thousand dollars ($5,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payrnents due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written docurnentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such. notice and docurnentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay clairns against CITY. 8. WAIVER OF CLAIMS. On or before rnaking each request for payment under Paragraph 6 above, CONTRACTOR shall subrnit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payrnent. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. g. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workrnan needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Departrnent of Industrial Relation's Internet Web Site at http://www.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the jOb site and shall pay the CONTRACT C-3 R:ICIPIPROJECTS\PW05IPW06-03 TEG GradinglAgreementslConstructicm Contracldoc adopted prevailing wage rates as a rninirnum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775,1776, 1777,5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the surn 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 hirn, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone, CONTRACTOR agrees to save, indemnify, hold harrnless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and darnage to properly, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reirnbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall dE?duct such costs frorn Progress Payments or final payments due to the CITY. 12, GRATUITIES. CONTRACTOR warrants that neither it nor any of its ernployees, agents, or representatives has offered or given any gratuities or prornises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work conternplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons ernployed, all firms supplying rnaterials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims 0 r items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the tirnely perforrnance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant inforrnation with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as rnay be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. CONTRACT C-4 R:\C1P\PROJECTS\PW06IPW06-03 TEC Grading\Agreements\Construction Contractdoc 17. INSPECTION, The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without Iirnitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such rnanner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after cornpletion of the work. 18. DISCRIMINATION, CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex age, or handicap. 19., GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No mernber, officer, or employee of the City of Ternecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board rnember, officer or employee of the City of Ternecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than t he City of T ernecula, and that if any such interest comes to the knowledge of either party at any tirne, a full and cornplete disclosure of all such information will be rnade, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (cornrnencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Governrnent Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total cornpliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as arnended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the sarne in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Williarn G. Hughes Director of Public Works/City Engineer City of Temecula P.O, Box 9033 Temecula, CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of T emecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT C-5 R:\CIPIPROJECTSIPW06\PW06-0J TEG Grading\Agreemenls\Construction Contractdoc IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Yeager Skanska, Inc, 1995 Agua Mansa Rd. Riverside, CA 92509 (951) 684-5360 Eric S. Taylor, Sr. Vice President Joseph M. Nogues, SecretaryfTreasurer (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Ron Roberts, Mayor APPROVED AS TO FORM: Peter M, Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CONTRACT C-6 R:ICIPlPROJECTSIPW06\PW06-03 TEG GradinglAgreements\Construction Contractdoc EXHIBIT "G" - STANDARD PLANS G-1 R:ICIPIPROJECTSIPW06IPW06-03 TEe Grading\A,greementslConstruction Conlractdoc " r SOIL EXCAVATION AND TEMPORARY ENTRY AGREEMENT (PROJECT NO. DU8S) This Agreement is made and entered into this _ day of March, 2006, by and between RANCHO CALIFORNIA WATER DISTRICT ("District") and the CITY OF TEMECULA and its agents or employees ("Permittee") whose address is 43200 Business Park Drive, Temecula, California 92589. RECITALS A. District owns a parcel of land ("Property") identified as Parcel Map No. 24991, as shown on attached Exhibit A. B. District has excess soil stockpiled on the Property and is willing to provide up to 900,000 cubic yards of the excess soil ("Allotted Material") available for removal from that portion of the Property outlined on Exhibit A ("Excavation Site"). C. District will allow the removal of additional soil ("Additional Material"), approximately 130,000 cubic yards, from that portion of the Property outlined on Exhibit A ("Future Pond Site"). D. Permittee seeks to remove approximately 700,000 cubic yards of the Allotted Material to be used for rough grading of Permittee's property. Permittee seeks to utilize approximately 330,000 cubic yards of the Allotted Material and the Additional Material for use in surcharging Permittee's property and to return said material to the Excavation Site to be stockpiled by the Permittee. E. District agrees to pay Permittee a unit cost of $0.50 per cubic yard, up to a maximum payment of $292,500, for the quantity of Allotted Material that is removed and not returned to the Property. F. Permittee shall remove the Allotted Material and Additional Material under the terms and conditions as set forth below. NOW, THEREFORE; IT IS MUTUALLY AGREED AS FOLLOWS: 1. TERMS AND CONDITIONS a. Permittee shall remove up to 1,030,000 cubic yards of Allotted Material and Additional Material from the Excavation Site and Future Pond Site. Permittee may return a portion of said material to the Excavation Site after Permittee has utilized said material to surcharge Permittee's property. , Page 1 of 11 Rancho California Water District 42135 Winchester Road . Post Office Box 9017 . Temecula, California 92589-9017 . (951)296-6900. FAX (951) 296-6860 (@ / , b. District shall pay Permittee a unit cost of 50 cents per cubic yard, up to a maximum payment of $292,500, for the quantity of Allotted Material that is removed and not returned to the Property. The removal of all Additional Material and Allotted Material which is returned to the Property, shall not be the subject of any payment by District. Final determination of the quantity of Allotted Material actually removed, as the sole basis of final payment, shall be calculated as the difference between a preconstruction and a post-construction topographic survey to be performed by the District. c. Permittee agrees to reimburse District for all District staff costs and survey cost associated with this Agreement as set forth in invoices submitted by the District to the Permittee. d. All work shall be coordinated through District's contact person, Craig Mapes, Construction Contracts Manager, at (951) 296-6900. e. The term of this Agreement shall be from April 1, 2006 ("Commencement Date") to June 1,2007 ("Completion Date"). f. District shall only remit payment to Permittee for the removal of Allotted Material from the Property prior to October I, 2006. g. District reserves the right to remove excess soil from the Property by its representatives, contractors, agents, or employees during the term of this Agreement. Permittee's use of the Property shall be non-exclusive and Permittee shall coordinate his activities with the District's representatives, contractors, agents, or employees. h. Permittee's use of Property shall at all times be subject to District's right to use Property for any purposes and for those uses for which it is currently being used, including but not limited to the existing leased area for the Southwest Soccer Club. i. Permittee shall make every effort to minimize interference with the existing use of District's Property. Permittee's haul route on the Property shall be as directed by District and limited to the area indicated on Exhibit A. J. Permittee shall secure the Property, at all times, by providing additional fencing, gates, locks and keys to District as necessary. Permittee shall under no circumstances limit District's access to the site. Prior to the Completion Date, Permittee shall replace the existing property line fence, along the northern boundary of the Cherry Street right-of-way (approximately 1,400 lineal feet), with a new six-foot high chain link fence with barbed wire in accordance with RCWD's Standard Drawing No. RW-44. The cost of the new chain-link fence will be split on an equal basis between the District and the Permittee. Page 2 of 11 Rancho California Water District 42135WinchesterRoad . Post Office Box 9017 . Ternecula, California 92589-9017 . (951)296-6900. FAX(951)296-6860 '\ @ / , k. Permittee shall restrict its operations on the District's Property to the work hours identified on the attached City of Temecula GradinglHaul Route Permit. Permittee shall not work on District's Property on Sunday or any legal holiday without prior written approval from the District. 1. Permittee shall gain access to Property by no other means than the "Cherry Street Entry," as directed by District and indicated on Exhibit A. m. Permittee shall not use any equipment or engage in any activity on Property other than the stated purpose herein, nor shall Permittee change the existing grade or otherwise modif'y the topography of Property, with the exception of the Excavation Site and Future Pond Site, without prior written consent of District. n. Permittee shall maintain complete control over all workers and operations. Permittee shall be responsible for any acts or omissions of all Permittee's personnel. o. Permittee, at Permittee's expense, shall obtain all permits and licenses necessary to comply with applicable laws and ordinances. p. Permittee shall perform all work in accordance with all applicable safety codes, ordinances, and other regulations. Particular emphasis shall be given to regulations of the State of California Department of Industrial Safety and the provisions of the California Labor Code and the Occupational Safety and Health Act (OSHA) of 1973. q. Permittee shall provide on-site dust control and shall comply with all requirements of the Southern California Air Quality Management District's Rule 403 - Fugitive Dust. r. Permittee shall obtain coverage provided by the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 99-08-DWQ), pursuant to the Storm Water Program of the State Water Resources Control Board Water Quality. All fees, including those costs associated with the Notice of Intent and development and implementation of the required Storm Water Pollution Prevention Plan (SWPPP) shall be at the Permittee's sole expense. s. Permittee shall submit to District for approval, an Injury and Illness Prevention Program in accordance with OSHA requirements. t. Permittee hereby warrants and represents that it will not cause the presence, use, storage, or disposal of any hazardous substances on the Property without the prior written consent of District. Page 3 of 11 Rancho California Water District 42135WinchesterRoad. Post Office Box 9017 . Temecula,California92589-9017. (951)296-6900. FAX(951)296-6860 '\ @ / u. Permittee shall, prior to the termination of this Agreement, restore Property to a condition, as near as reasonably possible, to that which existed prior to Permittee's occupancy which may include, but not limited to, restoring existing drainage facilities, restoring roads and re-vegetating disturbed areas. v. Permittee shall place the returned soil material, previously used for surcharge purposes, as near as reasonably possible to the existing stockpile site. The Permittee shall prepare a soil stockpile plan for District approval, which shall identify the proposed grading for the stockpile, compaction requirements, drainage facilities and re-vegetation. w. District will allow the Permittee to sell or otherwise dispose of the surcharged material used by Permittee in lieu of returning the surcharged material to the existing stockpile site. x. Permittee will have the sole responsibility of determining the quality and suitability of the Allotted Material and Additional Material for its intended use. The District provides no warranty or guarantee, implied or expressed, as to the quality or nature ofthe Allotted Material and Additional Material. y. Said unsigned Agreement shall remain valid until May 1,2006. 2. PRE-CONSTRUCTION MEETING Permittee, or its designated representative, shall notify District no less than three (3) days in advance of Commencement Date to arrange meeting with District for a "pre- construction" meeting to review contract terms, establish schedules and provide all required documents. 3. PERMllltlE'S LIABILITY The District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the Permittee's work or any part thereof, or for any of the materials or other things used or employed in performing the Permittee's work, or for injury or damage to any person or persons, either workers, employees of Permittee or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work by the Permittee. The Permittee shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work; provided, however, that the Permittee shall not be liable for the active negligence of District, its agents, servants, or independent contractors who are directly responsible to District. , Page 4 of 11 Rancho California Water District 42135 Winchester Road . Post Office Box 9017 . Ternecula,California92589_9017. (951)296-6900. FAX (951) 296-6860 \ @ / / The Permittee shall indemnify the District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Permittee, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the District, its representatives, the engineer/architect or their consultants, directors, officers, agents, and employees, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the active negligence of District, its representative, the engineer/architect or those who are directly responsible to them; and in connection therewith; a. Permittee will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. b. Permittee will promptly pay any judgment rendered against Permittee, District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of Permittee hereunder and Permittee agrees to save and hold District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees harmless therefrom. c. In the event the District, its representatives, engineer/architect, or their consultants, directors, officers, agents, and employees are made a party to any action or proceeding filed or prosecuted against Permittee for such damages or other claims arising out of or in connection with the work, or operation or activities of Permittee hereunder, Permittee agrees to pay to District, its representatives, engineer/architect, and their consultants, directors, officers, agents, and employees any and all costs and expenses incurred by District, its representatives, the engineer/architect, and their consultants, directors, officers, agents, and employees in such action or proceeding together with reasonable attorney's fees. d. The District may retain, to the extent it deems necessary, the money due to the Permittee under and by virtue of this Agreement until disposition has been made of such actions or claims for damages as specified hereinabove. 4. PERMl1mE'S INSURANCE The Permittee shall not commence work pursuant to this Agreement until it has obtained all insurance required hereunder in a company or companies qualified to do , Page 5 of II Rancho California Water District 42135 Winchester Road . Post Office Box 9017 . Temecula, California 92589-9017 . (951) 296-6900 . FAX (951) 296~6860 , (@ / ( business in the State of California and acceptable to the District. In addition, the Permittee shall not allow any subcontractor to commence work on its subcontract until such subcontractor has obtained the same insurance coverage required of the Permittee under this Agreement and until such insurance policies have been approved by the District. I. Insurance Reauirements for Permittee - Permittee shall procure and maintain for the duration of this Agreement, insurance against claims for injuries or damages to Property, which may arise from or in connection with the work by the Permittee, his agents, representative's employees or subcontractors. The cost of such insurance shall be borne by the Permittee. a. Minimum Scope of Insurance - coverage shall at least be as broad as: i. Insurance Services Office Commercial General Liability Coverage (Occurrence Form No. CGOOOI [11188 Revisions]). ii. Insurance Services Office Form No. CA-OOOl (12/90 revisions) covering Automobile Liability. 111. Worker's Compensation coverage, as required by the Labor Code of the State of Calif ami a and Employer's Liability Coverage. b. Minimum limits of insurance: 1. Comprehensive General Liability: $1,000,000 combined single limit for each occurrence of Bodily Injury, Personal Injury and Property Damage, and $2,000,000 Aggregate Total Bodily Injury and Property Damage. 11. Automobile Liability: $1,000,000 combined single limit per accident for Bodily Injury and Property Damage. 111. Excess Liability per this Agreement (e.g., exceeding $50,000) - $3,000,000 Bodily and Property Damage. IV. Worker's Compensation and Employer's Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of not less than $1,000,000 per accident. c. Deductibles or self-insurance: Any and all deductibles or self-insured retention must be declared to and approved by the District. At the option of the District either: the insurer shall reduce or eliminate such deductibles or self-insured retention as they relate to the District, its officers, agents, employees, and consultants: or the Permittee shall procure a bond , Page 6 of 11 Rancho Califomia Water District 42135 Winchester Road .. Post Office Box 9017 .. Temecula, California 92589-9017 .. (951) 296-6900 eo FAX (951) 296-6860 \ @ ./ / guaranteeing payment of losses and related investigation, claim administration, and defense expenses. d. Hold harmless (indemnity) agreement: Permittee shall take all responsibility for the work, shall bear any and all losses and damages directly or indirectly resulting to Permittee, to any third party, to any sub. lessee, to the District, its representatives, to the engineer/architect or to their officials, directors, officers, agents, and employees due to the performance or character of the work, unforeseen difficulties, accidents, occurrences, or other causes. Permittee shall assume the defense costs of and hold harmless the District, its representatives, the engineer/architect, and their officers, directors, agents, employees, and consultants from all claims, loss, damage, injury, and liability of every kind, nature, and description directly and indirectly arising from the performance of the work. Approval of the insurance contracts does not relieve the Permittee or subcontractors from liability under this hold harmless clause. e. All insurance policies shall be issued by acceptable insurance companies, as determined by the District, which 1) are qualified to do the business of insurance in California, 2) maintain an agent for service of process within the State, and 3) are rated not less than "A VII" according to the latest Best's Key Rating Guide. 2. Other Permittee Insurance Provisions - The policies specified herein are to contain or be endorsed to contain the following provisions: a. The District, its representatives, engineer/architect and their consultants, directors, officers, agents, and employees, consultants, and volunteers are to be covered as additional insureds as respects: Liability arising out of the activities performed by or on behalf of the Permittee; products and completed operations of the Permittee; premises owned, leased, or used by the Permittee; or automobiles owned, leased, hired, or borrowed by the Permittee. b. The Permittee's insurance coverage shall be primary insurance as respects the District, its representatives, engineer/architect and their directors, officers, agents, employees, consultants, and volunteers. Any insurance or self-insurance maintained by the District, its representatives, the engineer/architect and their directors, officers, employees, consultants, or volunteers shall be in excess of the Permittee's insurance and shall not contribute to it. c. Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the District, its representatives, the engineer/architect and their directors, officers, agents, employees, consultants, and volunteers. , Page 7 of 11 Rancho California Water District 42135 Winchester Road . Post Office Box 9017 . Temecula,California92589-9017. (951)296-6900. FAX(951)2!.!.6-6860 \ (@ / ( d. Coverage shall state the Permittee's insurance and 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. 3. Comnensation and Emnlover's Liabilitv CoveraQ"e - The insurer shall agree to waive all rights of subrogation against the District, its representatives, engineer/architect and their directors, officers, agents, employees, consultants, and volunteers for losses arising from work performed by the Permittee for the District. 4. All CoveraQ"e - Each insurance policy required by the policy 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 to written notice by certified mail, return receipt requested, has been given to the District. 5. Proof of Insurance - The Permittee shall, at the time of the execution of this Agreement, present the original policies of insurance required by this Section, or present a certificate of the insurance company, showing the issuance of such insurance and the additional insureds and other provisions required herein. 6. Certificate ofInsurance - The Permittee shall, at least thirty (30) days prior to the expiration of any insurance policy required by this Agreement, file a signed and completed "Certificate of Insurance" (listing all policy endorsements and provisions called for by this Agreement) with the District stating that such insurance policy has been renewed or extended. 5. PAYMENTS a. Unit Cost Pavment - The District agrees to pay Permittee a unit cost of $0.50 per cubic yard for the quantity of Allotted Material that is completely removed from the Property prior to October 1,2006. No payment will be made by the District for any material that is removed after September 30, 2006. The maximum payment amount by the District will be limited to $292,500. b. Monthlv Pavments - The Permittee shall, on or before the twenty-fifth (25th) day of each calendar month after removal of the Allotted Material has started, except in the case of the fmal payment hereinafter provided, submit a detailed estimate in writing of the quantity of Allotted Material removed for the preceding calendar month. The District shall retain ten percent (10%) of such estimated value as part security for the fulfillment of the Agreement by the Permittee and shall, within ten (10) days after the next regular meeting of the District Board of Directors following the preparation of such estimate, pay to the Permittee the balance of , Page 8 of 11 Rancho California Water Distl"ict 42135WinchesterRoad. Post Office Box 9017 . Temecula,California92589-9017. (951)296-6900. FAX (951) 296-6860 \ @ / / such estimated value after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of this Agreement. Final Pavrnent - The District shall pay the final sum so found to be due provided that a release of liens and claims has been received from the Permittee pursuant to Civil Code Section 3262. The final payment shall not be due and payable until the expiration of thirty-five (35) days from the date of acceptance by the District of the removal of the Allotted Material by the Permittee. The District's representative shall, after the satisfactory removal of the Allotted Material by the Permittee, make a final determination of the quantity of Allotted Material actually removed as the sole basis of the final payment. The determination of the quantity used for the final payment shall be calculated as the difference between a pre-construction and a post- construction topographic survey to be performed by the District and at the Permittee's cost. The District shall pay to the Permittee the balance of such final payment after deducting therefrom all previous payments and including all sums kept or retained under the provisions of this A"",,,...ent. No certificate given or payments made under this Agreement, except the final certificate or final payment shall be evidence of the performance of the Agreement, either wholly or in part, and no payment shall be construed to be an acceptance of any defective work or improper materials. c. Permittee Reimbursement Pavment~ - The District shall, on or before the twenty-fifth (25th) day of each calendar month, after Permittee's work has started, submit a detailed invoice to the Permittee for reimbursement of District staff costs for the preceding calendar month. Permittee shall make full payment to the District within twenty (20) calendar days. 6. PERMITTEE REPRESENTATIONS, Permittee warrants and represents that: a. It has complied with all federal, state, county and local laws necessary for said activities, including, without limitation, obtaining all necessary permits, entitlements and license to excavate and remove the Allotted Material and Additional Material from the Property, and obtaining an approved City of Temecula GradinglHauling Permit for ingress and egress from the Property, and will comply with all applicable laws while performing this excavation, including, but not limited to, compliance with all labor laws. b. It has all necessary licensees) needed to perform his duties. \ Page 9 of 11 Rancho California Water District 42135 Winchester Road . Post Office Box 9017 . Temecula,California92589-9017. (951)296-6900. FAX (951) 296-6860 \ @ / / 7. ASSIGNMEN1: Permittee shall not assign any of its rights under this Agreement to any person or entity without the prior written consent of District. 8. DISPUTES All disputes arising out of or in relation to the Agreement shall be determined in accordance with Section 12 of the District's General Provisions of the Standard Specifications and Standard Drawings for Water and Sanitary Sewer Facilities. The Permittee shall pursue the work to completion in accordance with the instructions of the District notwithstanding the existence of any questions or dispute. 9. AGREEMENT PREP ARA TION This Agreement shall not be construed against the party preparing it, but shall be construed as if both parties prepared it. 10. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between District and Permittee relating to the soil excavation and temporary entry on the Property. Any prior agreements, promises, negotiations, or representation not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by District and Permittee. 11. P A RAGRAPR CAPTIONS Captions to Paragraphs/Subparagraphs are for convenience purposes only and are not part ofthis Agreement. 12. BINDING PROVISIONS This Agreement is binding upon heirs, representatives, successors and assigns of the parties hereto. 13. SIGNATURE AUTHORlTY The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the parties hereto. Permittee shall indicate their acceptance of the terms and conditions of this Agreement and the permission granted herein by signing in the space provided and returning this original copy of the Agreement to District. Page 10 of 11 Rancho California Water District 42135WinchesterRoad. PostOfIiceBox:9017. Temecula,California92589-9017. (951)296-6900. FAX (951) 296-6860 '\ @ / ( IN WITNESS WHEREOF, this Agreement has been executed as of the day, month and year first above written. RANCHO CALIFORNIA WATER DISTRICT By: ~#h~~ Brian J. Brady, cienenil Manager / ;;; /r{ /0 c. , Dated: CITY OF TEMECULA By: Shawn Nelson, City Manager Dated: 06\A W:lm040a1D1185 , Page II of II Rancho Califol'llia Water District 42135 Winchester Road . Post Office Box 9017 . Temecula,California92589-9017. (951)296-6900 . FAX(951)296-6860 '\ I @ / " ~ 2 - "0 en- ~ " en ell " " C "Oc "- CIl Z ~ ~.. c"O co So~ ill .!95x o " 0;; ~o~ a..:gj; :.....a. ...J ~ 'll g: ~~u ::J.- Q) ~ utU- 'I: m'l:t >-.- !~'i: CIl.... " "0"- ~ li <i: ~ o ell _ o.N ~2 ::s " "5G.lJ:; E ::s E .!a e:E _...fti ell l:l.!!! 0" ~ .lloell ~&:!: .g~ ""00 ca.a. u..:!! :I:<tc I-WO ~ (] I I I I I - ~ E ..,m ~l5, ..<I; ~~ rl~ .n~ :at! c/)o I ~ ~ " " t3 ~ 0 w ~ al ::> '" . . . 0 m ... u U ~.~ ii: ~ m "Om ... " c III tLo is :s1il .aE II: ~.g III i ""E c u eIl'- .c 0>0- 0( .~ ~ Co> Z Co -,!m II: .. tL<.'J ~ 010 i 1L0 -w -'!Ii @;l " ~fh " . oil: :c ~ u Z Ii ii!~<c . < ~ @~ . - Ii - I. ITEM NO. 17 I I Approvals City Attorney Director of Finance City Manager V /Jil ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: April 11, 2006 SUBJECT: Appeal of Three Conditions of Approval for PA05.0064 - A Comprehensive Sign Program for the Margarita Crossings Shopping Center PREPARED BY: Stuart Fisk, Associate Planner RECOMMENDATION: That the City Council: 1, Adopt a resolution entitled: RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF THREE CONDITIONS OF APPROVAL FOR PA05-0064 - A COMPREHENSIVE SIGN PROGRAM FOR THE MARGARITA CROSSINGS SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE BACKGROUND: Planning Application No, PA05.0064 is an appeal of three Conditions of Approval for a Comprehensive Sign Program for the Margarita Crossings Shopping Center, generally located at the southwest corner of Margarita Road and Overland Drive, The appeal was filed by Mathew Fagan on behalf of the property owner, Mark Burger. September 21. 2005 Planninq Commission Hearinq At the Planning Commission hearing on September 21,2005, the Planning Commission expressed concerns with the intensity of the proposed sign color palette and believed that the proposed signage detracted from the architecture, The Planning Commission requested thatthe sign program be revised to require that some of the signs on Building C be a design other than a variation of channel letters, and that some of the signs be indirectly illuminated, The project was continued so that the applicant could revise the sign program to require wall signs that better integrate with the architectural style of Building "C" of the project. December 14, 2005 Plannina Commission Hearina The applicant made most of the revisions to the sign program that the Planning Commission requested, However, the types of signs that the Planning Commission initially had concerns with (i.e" various channel letter designs) were retained in the proposed sign program, Newly proposed blade signs and wall signs consisting of "flat cut out letters or logos with gooseneck lighting" were merely additional design options that tenants could choose from, with no mandate for their use, To address this concern, the Planning Commission approved the project with 4-1 vote (Chairman Mathewson voting "No") on December 14, 2005, subject to additional Conditions of Approval numbers 13, 14, and 16 as follows: 13, Page 13 of the sign program shall be revised to clearly state that for Building "C", no two similar sign types shall be located adjacent to one another (unless the signs are for the same tenant) for signage located internal to the project site, 14, The sign program shall be revised to eliminate any allowance for exposed neon, 16, The sign program shall be revised to allow for halo lighting without mixed media (i.e" neon behind opaque letters, but not with exposed neon in front of or within channel letters), At the Planning Commission hearing on December 14, 2005, the applicant expressed opposition to the above referenced conditions of approval because he believed that his shopping center would be placed at a competitive disadvantage with other shopping centers in the city, APPEAL: On December 28,2005, Mr. Matthew Fagan, representing Pacific Development Partners, LLC, filed an appeal of the Planning Commission's decision with regard to the inclusion of the above- referenced Conditions of Approval. The applicant, therefore, is requesting that the City Council remove Condition of Approval numbers 13, 14, and 16 from the Final Conditions of Approval for this project. Following are the written justifications provided by Mr. Fagan for the appeal and staff's response to these justifications: 1, Mr. Fagan states that the sign program, as presented to the Planning Commission, is consistent with Section 17,28 (Sign Standards) of the City's Development Code, ResDonse Section 17,28,080 of the Development Code states that "In addition to the sign permits required by Section 17,28,030, certain types of developments require a sign program to ensure that all proposed signs are in harmony with other on-site signs, buildings, and surrounding developments", Consistent with this section of the Development Code, and considering the quality of the architecture for the project, the Planning Commission added the above-referenced Conditions of Approval to ensure that the signs permitted by the sign program would be in harmony with all of the on-site buildings, Therefore, staff believes that the statement that the sign program was consistent with Section 17,28 of the Development Code is inaccurate and this is not justification for an appeal. 2, Mr. Fagan states that no variance or special exceptions from the Sign Standards were requested, ResDonse Sign programs are intended to be a tool of flexibility, allowing for variation from the specific sign criteria identified in the Development Code to ensure that all proposed signs are in harmony with other on-site signs, buildings, and surrounding developments, Therefore, a sign program would never require a variance or special exception and the fact that no variance or special exceptions from the Sign Standards were requested is not justification for an appeal. 3, Mr. Fagan states that the Sign Program offers a variety of sign options that are consistent with all prior Programs approved by the City of Temecula, ResDonse Sign programs are intended to be unique, allowing fordesigns that are in harmony with other on-site signs, buildings, and surrounding developments, Therefore, it is not practical to compare one sign program to another. Furthermore, consistent with the Development Code, the Planning Commission determined that the architecture within the shopping center commands the type and variety of signs that the project was conditioned for to ensure that the signs permitted by the sign program would be in harmony with all of the on-site buildings, 4, Mr. Fagan states that no other Programs have been required to carry the burden of these additional Conditions of Approval. ResDonse The Development Code establishes the requirement for sign programs to mandate signs that are in harmony with other on-site signs, buildings, and surrounding developments, and on August 9, 2005, the City Council adopted revised City-Wide Design Guidelines that support this requirement by calling for signs to be "incorporated into building architecture", Staff has been working to incorporate these additional requirements into the sign programs currently being reviewed and believes that comparing this sign program to older sign programs does not provide justification for an appeal. 5, Mr. Fagan contends that the imposition of these conditions provides an un-level playing field for the retail and commercial uses in this center in relation to the surrounding retail/ commercial uses and other retail/commercial uses in the City and the region, ResDonse Staff's emphasis in reviewing sign programs is not based on market competition; rather it is based on the intent of the Development Code to establish unique sign programs that ensure that all proposed signs are in harmony with other on-site signs, buildings, and surrounding developments, Furthermore, staff believes that a shopping center with a higher quality design has a competitive advantage in that it will more likely attract both tenants and customers, Therefore, staff believes that the contention that the conditions for the project provide an un-level playing field for the retail and commercial uses in this center in relation to the surrounding retail/commercial uses and other retail/commercial uses in the City and the region is invalid and does not provide justification for an appeal. FISCAL IMPACT: None ATTACHMENTS: City Council Resolution Appeal Application Planning Commission Resolution No, 05-67 Planning Commission Staff Report of December 14, 2005 Minutes for Planning Commission Hearing of December 14, 2005 Minutes for Planning Commission Hearing of September 21,2005 RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF THREE CONDITIONS OF APPROVAL FOR PA05-0064 - A COMPREHENSIVE SIGN PROGRAM FOR THE "MARGARITA CROSSINGS" SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE Section 1, Procedural Findinas, The City Council of the City of Temecula hereby finds, determines and declares that: A. Matthew Fagan, representing Pacific Development Partners LLC (collectively the "Applicant"), filed Planning Application No, PA05-0064, in accordance with the City of Temecula General Plan and Development Code, B, Planning Application No, PA05-0064, seeking both a Sign Program approval (hereafter, the "Proposed Project"), was processed including, but not limited to a public notice, in the time and manner prescribed by Federal, State and local law, C, The Planning Commission held duly noticed public hearings on September 21 and December 14, 2005, to consider the Proposed Project, at which time the interested persons had an opportunity to and did testify either in support of or in opposition to this matter. D, At the conclusion of the Planning Commission hearing and after consideration of the staff report, conditions of approval, and public testimony, the Planning Commission adopted PC-Resolution No, 05-67 on December 14, 2005, thereby approving Planning Application No, PA05-0064 subject to certain Conditions of Approval. E, On December 28, 2005, Mr. Matthew Fagan (the "Appellant") filed a timely appeal of three Conditions of Approval for PA05-0064 based on the following notions: 1) That the sign program, as presented to the Planning Commission, was consistent with Section 17,28 (Sign Standards) of the City's Development Code; 2) That no variance or special exceptions from the Sign Standards were requested; 3) That the Sign Program offers a variety of sign options that are consistent with all prior Programs approved by the City of Temecula; 4) That no other Programs have been required to carry the burden of these additional Conditions of Approval; 5) That the imposition of these conditions provides an un-level playing field for the retail and commercial uses in this center in relation to the surrounding retail/commercial uses and other retail/commercial uses in the City and the region, F, On April 11, 2006, the City Council held a duly noticed public hearing to consider the appeal, and during that public hearing and during the deliberations that ensued, the City Council considered the staff report, Conditions of Approval, Planning Commission minutes, testimony and correspondence from the Appellant, the Applicant and the public, and the complete public record, Section 2, Findina?, The City Council hereby makes the following findings as required by Section17,28,080,B of the Temecula Municipal Code with respect to Planning Application No, PA05-0064: A. As conditioned, the proposed sign program will preserve and improve the appearance of the City as viewed from Overland Drive and Margarita Road and the allowable signage is appropriate for effective business signage by combining common design elements, B, The sign program accommodates future revisions which may be required due to changes in building tenants, C, The proposed sign program, as conditioned, satisfies the intent or objectives of the Development Code and will enhance the development. As conditioned, the proposed program results in appropriate signage that compliments the building architecture and aesthetics, Section 3, Environmental Comoliance, The project is Categorically Exempt from environmental review (Class 11 - Accessory Structures) pursuant to Section 15311 of the California Environmental Quality Act. Section 15311 applies when a project consists of construction or replacement of minor structures accessory to existing commercial, industrial, or institutional facilities, including on-premise signs, Section 4, Denial of Aooeal: Conditional Aooroval. Based on the foregoing findings, the City Council hereby denies the appeal of Matthew Fagan, dated December 28, 2005, and approves Planning Application No, PA05-0064, subject to the Conditions of Approval set forth on Exhibit 1, attached hereto and incorporated herein as though set forth in full, Section 5, The City Clerk shall certify the adoption of this resolution, PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of April, 2006, Ron Roberts, 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, 06- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of April, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W, Jones, MMC City Clerk EXHIBIT 1 CONDITIONS OF APPROVAL C"\ WINDOWS\apsdoc\nettemp\5272 $ASQpdf79905 7.doc EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA05-0064 Project Description: A Comprehensive Sign Program for the Margarita Crossings Shopping Center located on a 5.56 acre site at the southwest corner of Margarita Road and Overland Drive (A.P.N. 921-810-026) MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: March 28, 2006 Expiration Date: March 28, 2008 PLANNING DEPARTMENT Within 48 Hours of the Approval of this Project 1, The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64,00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 08(b) and California Code of Regulations Section 15062, If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)), General Requirements 2, The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents, City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action, The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense, C"\ WINDOWS\apsdoc\nettemp\5272 $ASQpdf79905 7.doc 2 3, This approval shall be used within two years of the approval date; otherwise, it shall become null and void, By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4, The Director of Planning may, upon an application being filed within thirty days prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time, one year at a time, 5, The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files, 6, The erection of signs on the premises shall substantially conform to the approved Sign Program, contained on file with the Planning Department. 8, If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease, The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find, Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work, Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning, 9, Page 12 of the sign program ("Maximum Letter/Copy Height" section) shall be revised to state that permitted letter heights shall not exceed 30" for a single row of sign text or 40" for total stacked height where two lines of text is utilized, 10, Page 7 of the sign program ("Sign Treatments" section) shall be revised to read "Signage composed of several different elements and lighting techniques is required," 11, Page 7 of the sign program ("Lighting" section) shall be revised to read "Site signage and building tenant signage shall be illuminated using a variety of lighting techniques," 12, The sign program shall be revised to only allow for externally illuminated signs at the rear of Building "c" and to require uniform signage design for the rear of Building "c," 13, Page 13 of the sign program shall be revised to clearly state that for Building "C", no two similar sign types shall be located adjacent to one another (unless the signs are for the same tenant) for signage located internal to the project site, (Added by the Planning Commission at the December 14, 2005 hearing.) C"\ WINDOWS\apsdoc\nettemp\5272 $ASQpdf79905 7.doc 3 14, The sign program shall be revised to eliminate any allowance for exposed neon, (Added by the Planning Commission at the December 14, 2005 hearing.) 15, The sign program shall be revised to require two sign design elements (i.e" multi-media signage) with regards to lighting for wall signs located internal to the project site on Building "C," (Added by the Planning Commission at the December 14, 2005 hearing.) 16, The sign program shall be revised to allow for halo lighting without mixed media (i.e" neon behind opaque letters, but not with exposed neon in font of or within channel letters), (Added by the Planning Commission at the December 14, 2005 hearing.) 17, Illumination of all signs shall conform to the requirements of Ordinance No, 655 to reduce impacts on the Mount Palomar Observatory, Prior to the Issuance of Building Permits 18, A separate building permit shall be required for all signage, By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name C"\ WINDOWS\apsdoc\nettemp\5272 $ASQpdf79905 7.doc 4 City of rJemecuCa 43200 BUsiness Pari< Drive P.O,13ox 90;33 Temecula, California 92589-9033 (951) 694-640Q FAX (951) 694-6477 II F. r;E:;I~:-;!;;\n 1)1 }-JI _,\..\'l L:::_,Jd V t..-.'-::::1 'I \ I \,~,\ II I U U "r.'-' ", " L~f""5 .!0_'J' u~~ t. 0 !..IV LBY ., originaIPlanningAPplicalioriNumber(s)::,P4 0'5 - 00c,,'1 ,Appealing the dl!loisicn of (Specify Director 01 Planning, Oitector'. He.ring, or Planning CommISsion and Action Date): '., }CA)~'coMnh~ioO(Ru~ ~HU'jlr~~S S~ ~~/ ,8rit/1lyspeelfywhalaction ordecls/on is being apPl!IaJed: ~S. I~Jj ~ I~ -fiNAL. l'~-o~~ ,(}f>- ~v/rt.. , ' , As.sesser's Parcel No(sJ:~1\... ~ 10- OW . . LegaIDescription(Traet,Lot No.);~l ';,~ ~IWllp ~1IT1 r:I'ltJ1inlol:l;)q~.{,~ Street Address(es): t.tt .t 02.5 OI/KJt1.V1Ltm'LU . . rt Vt / . General L()catlon: R:\A.cp'lre~tfQns.. ~orrns'Ap~flal&-Reyl~ad 09-os.d"c . "'APPElLANT/~EPRESENTATIVE ~ ~... (J CONTACT t::'IIAf;l''il \\f.\"M#4 III .~::J.F1R~ FAXNCD. (di\~I} (,~4- ~"lf. ~ I . ...:;. -11J:V:tWA'\6o..,. r). E'r^T! ,J ~~. '. FAXN@.1.3\~ 'b11 M Ct6ck &f()~ . ~I" ML PH€lNE Ne,~ ~~;3S ADI)RESS' tPJ 2/5'1 I "" E.MAIL. ,"ttaaQ,#hf,fU;' PROPERTYOWNERM'Y . PHONE NO. ~\1.iR -~5qS AI3~RESS. 117 , itl\ttT E-MAIL', " V"l fh t2:oJo lit:: ,11(.4>, MI. . , . . '. . .' ":' ..... . . [) I certify that ali filing requirements hllvebeen satisfied formy applltatlon. I further understand that an 'ncomplete apPljcation~~~be a~c?!:jt~d for proonaing. , ' Applicant's SIgnature ~ ~ aate: .Ii~$)" plwnl!lr Certifir:atir}l1 ',' f /) . . , , , . D' cllrtify un,d"r the penalty of ' the laws ofihe Stilte of california that I am the ,proPerty l,lW/1i1r of t~e . , prQ!'erty tltatls tile illibjilct matter ()f thIs applicaUon anol lam authorizing to and hereby do corisent to thefllinllof this application and acknowledge. thafthe flnal approva' by the City of Temecula, if any, may , ' reslllt,in restl'lctions, Iimitation$ and construction obllgatlon$ being imposed on thlll relll prOpllrty. . owner/AuthQriZedAgentSlsnlltLlre; Jri~ T~., ' . . Date: . If). /'l..1/ ~ . :, :.'. .': .' '. .' ,. . .' . . : I _ I ,Print Naml,l: ' 'MAU 1 ,B-uQ4~ . , R,lAo;,!\callon.'. F"iM.\App.ai"'Revi.;,~ 09-05,doo Planning Application No. PA05-0064 (Margarita Crossings Sign Program) Appeal Section A. DescriDtion of Action Beino ADDealed The Planning Commission took action on the Sign Program (Program) on December 14, 2005. The Program is identified by Planning Application No. PA05-0064 (Margarita Crossings Sign Program) and the Project site is generally located at tne soutnwest corner of Margarita Road and Overland Drive. The following Conditions of Approval are being appealed at this time: . Condition of Approval No. 13 (COA 13), which reads: "Page 13 of the sign program shall be revised to clearly state that for Building "C", no two similar sign types shall be located next to one another (unless the signs are for the same tenant) for signage located internal to the project site." . Condition of Approval No. 14 (COA 14), which reads: "The sign program shall be revised to eliminate any allowance for exposed neon." . Condition of Approval No. 16 (COA 16), which reads: "The sign program shall be revised to allow for halo lighting without mixed media {Le., neon behind opaque letter, but mot with exposed neon in front of or within channel letters." Section B. Written DescriDtion to SuDDort AD Deal The justifications for this appeal are contained in the following points listed below, which pertain specifically to COA 13, COA 14 and COA16: . The Program as presented to the Planning Commission was consistent with Section 17.28 (Sign Standards) of the City's Development Code. . No variance or special exceptions from the Sign Standards were requested. . The Sign Program offers a variety of sign options that are consistent with all prior Programs approved by the City of Temecula. . No other Programs have been required to carry the burden of these additional Conditions of Approval. . The imposition of these conditions provided an un-level playing field for the retail and commercial uses in this center in relation to the surrounding retail/commercial uses and other retail/commercial uses in the City and region. 1 Section C. Evidence to SUDDort Position The evidence to support the appeal is as follows: . There was no concurrence with the Appellant to include these COA's into the Program at the Planning Commission hearing; therefore, the Planning Staff, at the , " _9ireQtipll of the Planning Commission imposed these requirements with the Final Conditions of Approval. . It was noted by the Appellant at the Planning Commission hearing that the project was in fact consistent with the City's Development Code. . It was noted by the Appellant at the Planning Commission hearing that flexibility and variety in the Program would allow for a wider variety of high quality signs. . It was noted by the Appellant at the Planning Commission hearing that eliminating exposed neon was not a preferred option. . It was noted by the Appellant at the Planning Commission hearing that the Program was similar in quality to those already approved by the City. . It was noted by the Appellant at the Planning Commission hearing that COA 13 was neither feasible nor equitable. Section D. Desired Action to be Taken The Appellant requests that the City Council remove COA 13, COA 14 and COA 16 from the Final Conditions of Approval for the Program. 2 PC RESOLUTION NO. 05-67 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0064, A COMPREHENSIVE SIGN PROGRAM FOR THE "MARGARITA CROSSINGS" SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE, ALSO KNOWN AS ASSESSOR PARCEL NUMBER 921-810-026. WHEREAS, Matthew Fagan, representing Pacific Developrnent Partners, LLC, filed Planning Application No. PA05-0064, a Comprehensive Sign Program "Application", in a manner in accord with the City of Ternecula General Plan and Developrnent Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and rnanner prescribed by State and local law; WHEREAS, the Planning Cornrnission, at a regular meeting, considered the Application on Septernber 21, 2005, at a duly noticed public hearing as prescribed by law, at which tirne the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Cornrnission hearing and after due consideration of the testirnony, the Cornrnission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. Section 2. Findinas. The Planning Commission, in approving the Application hereby rnakes the following findings as required by Section 17.28.080.6 of the Ternecula Municipal Code: The above recitations are true and correct and are hereby incorporated A. As conditioned, the proposed sign program will preserve and irnprove the appearance of the City as viewed frorn Overland Drive and Margarita Road and the allowable signage is appropriate for effective business signage by combining cornrnon design elements. 6. The sign program accommodates future revisions which may be required due to changes in building tenants. C. The proposed sign prograrn, as conditioned, satisfies the intent or objectives of the Development Code and will enhance the development. As conditioned, the proposed program results in appropriate signage that cornplirnents the building architecture and aesthetics. G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Final PC Reso & COAs.doc 1 Section 3. Environrnental Compliance.. The project is categorically exempt from environmental review (Class 11 - Accessory Structures) pursuant to section 15311 of the California Environmental Quality Act. Section 15311 applies when a project consists of construction, or replacernent of minor structures accessory to existing comrnercial, industrial, or institutional facilities, including on-prernise signs. Section 4. Conditions. That the City of Ternecula Planning Cornrnission hereby conditionally approves the Comprehensive Sign Program Application, as set forth on attached Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula P""o'o, Comml$loo ful,14" day of ""~""', 2005. )\ /Ld D:&athewson, Chairrnan ATTEST: /).e.!htJ( - ~~~ Debbie Ubm?ske, Secret~ry [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 05-67 was duly and regularly adopted by the Planning Commission of the City of Ternecula at a regular meeting thereof held on the 14th day of Decernber, 2005, by the following vote of the Commission: AYES: 4 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Harter, Telesio NOES: 1 PLANNING COMMISSIONERS: Mathewson ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ~Lb~' K~f4-- Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Final PC Reso & COAs.doc 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Cornniission Stuart Fisk, Associate Planner Decernber 14, 2005 Planning Application No. PA05-0064 - Margarita Crossings , Planning Application No. PA05-0064 is a Comprehensive Sign Prograrn for the "Margarita Crossings" shopping center, located on a 5.56 acre site at the southwest corner of Margarita Road and Overland Drive (A.P.N. 921-810-026). The project was reviewed by the Planning Commission at the Septernber 21, 2005 rneeting. The Planning Corn mission expressed concerns with the intensity of the proposed sign color palette, and commenting on the enhanced architecture, expressed concern with the proposed signage detracting from the architecture. The Planning Commission relayed the irnportance of the signage blending in with the therne of the center and requested that the applicant revise the sign program to address these concerns. The applicant subrnitted a revised sign program on October 25, 2005. The revised sign , prograrn incorporates the following revisions: 1. Text has been added to the "Sign Treatrnents" section on page 7 of the sign program to allow for '1lat cut out graphics with external lighting (gooseneck lamps)" and "projecting blade signs". Text and an illustration have also been added on page 10 of the proposed sign prograrn (see "Section F" on page 10) to describe and illustrate '1lat cut out letters or logos with gooseneck lamps". 2. The sign color palette on page 8 of the sign prograrn has been revised to reduce the number of permitted sign colors and to propose colors with less intensity than previously proposed. The applicant has also added text on page 8 of the proposed sign prograrn to allow that "national, regional, or local tenants with rnore than five locations rnay use their own colors and are subject to Director of Planning approval". 3. As requested by staff, text has been revised for the illustrations on page 12 of the sign program to allow for a maximum letter height of 2'-6" for single line text and 3'-4" (overall height) when two lines of text are used. (Please note, however, that text at the right hand side of this page under "rnaximurn letter/copy height" is not consistent with this revision as this section allows for a maxirnurn letter height of 3'-4" for single line text and 4'-0" for stacked text as previously proposed.) 4. Text has been added on pages 12 and 13 of the sign program stating that "artistic and creative logo designs are encouraged; therefore logos may exceed the overall sign height limits by 12 inches". ' G:\Planning\2005\PA05-Q064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc 1 5. Text and illustration changes have been rnade on page 16 of the sign program that would elirninate an architectural detail elernent above the entry doors at the central tower of Building C (see Attachrnent 1 for approved elevation) to allow for an alternate sign location. 6. Illustration revisions have been rnade on page 23 and 24 of the sign prograrn that would revise the color of the sirnulated stucco finish on the tenant and center monument signs from grey to yellow. . 7. Text and illustrations have been added to pages 25 and 26 of the sign program to illustrate the types of blade signs intended for the center and to define the dimensions and rnaterials permitted for these signs. . Sorne of the revisions to the sign program begin to address the Planning Commission's concerns with wall sign appearance and architectural integration. However, the proposed revision described in item 5 (above) would appear to detract frorn the architectural therne for the center. Furthermore, the types of signs that the Planning Cornrnission initially had concerns with are still permitted by the proposed sign program and the newly proposed blade signs and wall signs consisting of ''flat cut out letters or logos with gooseneck lighting" are merely additional design options that tenants rnay choose frorn. ATTACHMENTS 1. Approved Building C Center Tower Elevation - Blue Page 3 2. PC Resolution No. 05_ - Blue Page 4 Exhibit A - Draft Conditions of Approval 3. September 21, 2005 Planning Cornrnission Staff Report - Blue Page 5 4. Revised Sign Program - Blue Page 6 G:\Planning\2005\PA05-0064 Margarita Crossings-Sign -Program\Planning\Continuance Memo#6.doc 2 ATTACHMENT NO.1 APPROVED BUILDING C CENTER TOWER ELEVATION G:\Planning\2005\PAOS-Q064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc . 3 ',.~. ,: i',?~jr1 ".' ", :i:..:'\.~ . - ::: .~ ~..: . .::-:~,:'.'i a 'I P2 U f5llS3 Rt At UPt II A2 UP13U PZ\ t . Iffi!P1JB"' " " "J ""'~B"i -- - , T I r-- ~----~- -_. -, . ' . . . I "' . .'-________________ .__ _oJ. . .-t-t.-- ~-= . I .'7"'"""~ ~ L~ .. < ,l.' . : :--, -.' _:_~ . '.F-'. '- -. o' r-'- I'; I : 'I ' - - ,/'------~T-i ::n--"' - p----,., I ~'lll'J ~_~r __ \ I \ ,J~II I r-----~r---"--ll.'. . "' I ; . . ! . , . \ I' J -to 'i'~1 \' b~ / ~ "- .., I APPROVED BUILDING C CENTER TOWER ELEVATION Attachment 1 ATTACHMENT NO.2 PC RESOLUTION NO. 05-_ G:\Planning\2005\PAOS-0064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc 4 PC RESOLUTION NO. OS-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0064, A COMPREHENSIVE SIGN PROGRAM FOR THE "MARGARITA CROSSINGS" SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE, ALSO KNOWN AS ASSESSOR PARCEL NUMBER 921-810-026. WH!:REAS, Matthew Fagan, representing Pacific Developrnent Partners, LLC, filed Planning Application No. PA05-0064, a Comprehensive Sign Program "Application", in a rnanner in accord with the City of T ernecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the tirne and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular rneeting, considered the Application on December 14, 2005, at a duly noticed public hearing as prescribed by law, at which tirne the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Corn mission hearing and after due consideration of the testimony, the Comrnission approved the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to th~ adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. The above recitations are true and correct and are hereby incorporated Section 2. Findinas. The Planning Commission, in approving the Application hereby makes the following findings as required by Section 17.28.080.B of the Temecula Municipal Code: A. As conditioned, the proposed sign program will preserve and irnprove the appearance of the City as viewed frorn Overland Drive and Margarita Road and the allowable signage is appropriate for effective business signage by cornbining common design elernents. B. The sign prograrn accornrnodates future revisions which may be required due to changes in building tenants. C. The proposed sign program, as conditioned, satisfies the intent or objectives of the Developrnent Code and will enhance the development. As conditioned, the proposed prograrn results in appropriate signage that compliments the building architecture and aesthetics. G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12-14-05.doc 1 Section 3. Environrnental Comoliance. The project is categorically exernpt frorn environrnental review (Class 11 - Accessory Structures) pursuant to section 15311 of the California Environrnental Quality Act. Section 15311 applies when a project consists of construction, or replacement of rninor structures accessory to existing commercial, industrial, or institutional facilities, including on-premise signs. Section 4. Conditions. That the City of Ternecula Planning Commission hereby conditionally approves the Comprehensive Sign Program Application, as set forth on attached Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Comrnission this 14th day of Decernber, 2005. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Ternecula Planning Cornrnission, do hereby certify that PC Resolution No. 2005-_ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 14th day of Decernber, 2005, by the following vote of the Commission: NOES: - PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: AYES: ABSENT: ABSTAIN: Debbie Ubnoske, Secretary G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12-14-05.doc 2 EXHIBIT A DRAFT CONDITIONS OF APPROVAL G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso& COAs - 12.14.05.doc 3 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA05-0064 ' Project Description: A Comprehensive Sign Program for the "Margarita Crossings" shopping center located on a 5.56 acre site at the southwest corner of Margarita Road and Overland Drive (A.P.N. 921-810-026). MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: December 14, 2005 Expiration Date: December 14, 2007 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicanVdeveloper shall deliver to the Planning Departrnent a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 08(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicanVdeveloper has not delivered to the Planning Departrnent the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711 A(c)). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby.agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency pr instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall prornptly notify both the applicant and landowner of any clairn, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. G:\Planning\2005\PAOS-0064 Margarita Crossings-Sign Program\Planning\Draft PC Reso & COAs - 12-14-05.doc 4 3. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void. By use is rneant the beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization conternplated by this approval. 4. The Director of Planning may, upon an application being filed within thirty day prior to expiration and for good cause, grant a time extension of up to three one-year extensions of tirne, one year at a tirne. 5. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files, 6. The erection of signs on the premises shall substantially conform to the approved Sign Program, contained on file with the Planning Department. 8. If at any time during excavation/construction of the site, archaeological/cultural resourCes, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall imrnediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to imrnediately cease. The Director of Planning at his/her sole discretion may require. the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such deterrnination and shall authorize the resurnption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a rnitigation plan or other corrective measures have been approved by the Director of Planning. 9. Illumination of all signs shall conform to the requirements of Ordinance No. 655 to reduce impacts on the Mount Palornar Observatory. Prior to the Issuance of Building Permits 10. A separate building permit shall be required for all signage. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to rnake to the project shall be subject to Comrnunity Development Department approval. Applicant's Signature Date Applicant's Printed Name G,IPlanning\2005IPA05-0064 Margarita Crossings-Sign ProgramIPlanningIDraft PC Resn & COAs - 12-14-05.doc 5 ATTACHMENT NO.3 , SEPTEMBER 21, 2005 PLANNING COMMISSION STAFF REPORT G:\Planning\2005\PAOS-D064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc 5 '- Date of Meeting: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION September 21. 2005 Prepared by: Stuart Fisk, AICP File Number: PA05-0064 Project Description: Recommendation: (Check One) I ! CEQA: (Check One) Title: Associate Planner Application Type: Silln Prollram A Comprehensi,ve Sign Program for the Margarita Crossings shopping center (PA04-0563), located on a 5.56 acre site. at the southwest corner of Margarita Road and Overland Drive (A.P,N. 921-810-026). 1:83 Approve_ with Conditions o Deny o Continue .fqr Redesign o Continue to: o Recommend Approval with Conditions o Recornmend Denial I8l Categorically Exernpt o Notice of Deterrnination (Class) Class 1 (Section) Section 15301 o Negative Declaration o Mitigated Negative Declaration with Monitoring Plan DEIR G:IPlanning\2005\PAOS-0064 Margarita Crossings-Sign ProgramIPlanninglSTAFF REPORT,doc 1 PROJECT DATA SUMMARY Applicant: Matthew Faoan Completion Date: March 1, 2005 Mandatory Action Deadline Date: September 21, 2005 General Plan Designation: Community Commercial (CCl Zoning Designation: Community Commercial {CCl Site/Surrounding Land Use: Site: Retail/Restaurant/Office North: South: East: West: Retail/Restaurant Parkinq (Guidant) Multi-Familv Residential Vacant Lot Area: 5.6 acres Building Area/Coverage: NA Landscape Area/Coverage: NA Parking Required/Provided: NA BACKGROUND SUMMARY [gI1. Staff has worked with the applicant to ensure that all concerns have been addressed; however, the following issues have not been resolved to the satisfaction of staff: a. Secondary signs (to display services and/or sub leases) permitted on Buildings A and B are not consistent with the Development Code 'or other recently approved . sign programs. b. Permitted letter heights are excessive in relation to the building size. c. The sign program contains incorrectly scaled exhibits. d. Tenant monument signs lack architectural elements required by the Development Code. G:IPlanning\2005\P AOS.OO64 Margarita Crossings-Sign ProgramlPlanninglSTAFF REPORT,doc ,2 BACKGROUND On June 1, 2005, the Planning Commission approved Planning Application humber P A04-0563, a Development Plan to construct a 37,173 square foot mixed-use retail/office/restaurant center. The project was conditioned that the related Sign Program application PA05-0064 be reviewed and approved by the Planning Commission prior to issuance of a building permit. The sign program application was submitted March 1, 2005. ANALYSIS The sign program proposes three different types of wall signs, tenant identifiCation monument signs, and center identification signs. The sign program provides clear direction on the number of signs permitted for each sign type as follows: ) · Sign A, Tenant Identification Monuments, 2 signs (7 panels x 2 sides = 14 panels per sign) · Sign B, Center Identification Monument, 3 signs, · Major/Pad Tenant Wall Signs (3 signs per elevation per tenant consisting of one "prirnary" sign, one logo sign, and one "secondary" sign) · Shop Tenant Wall Signs (1 sign per elevation per tenant) . Restaurant Pad Wall Signs (3 signs) Staff initially reviewed the proposed sign program in March, 2005, and compared it to the sign regulations in the Development Code. Staff forwarded comments to the applicant on March 28, 2005 from this review. The first comment letter mainly consisted of requests for additional information and details to be added to the sign program, but also included the unresol\(ed issues listed below. The applicant submitted a revised sign prograrn on June 30, .2005, that addressed many of the concerns that staff had with the initially submitted sign program. Therefore, staff prepared a staff and scheduled the application for the September 7, 2005, Planning Commission meeting. Staff met with the,applicant on August 26, 2005 to discuss the unresolved issues outlined in the staff report and, at the applicants request, requested that the Planning Commission continue the project to the September 21 Planning Commission meeting. A second revision to the sign program was received on September 6, 2005. However, some issues have still not been resolved to the satisfaction of staff, including the following: ' a. Staff recommends. that the project be conditioned that "secondary signs" (as called out on pages 12 and 130f the sign prograrn) be elirninated from the sign program and that, at the applicant's option, the sign program be revised to add text to allow that maximum tenant sign area shall not exceed one square foot per lineal foot of business frontage (see Condition of Approval No.9). This would allow for sublease tenant waUsigns (provided that sublease tenants occupy a separate suite from the primary occupant), but would not allow for signs to display services, and would provide for consistency with the Development Code and other recently approved sign programs. The applicant has indicated disagreement with staff's recommendation based on a desire to allow for greater flexibility in the allowed sizes and locations of signs for sublease tenants. G:IPIanning\2005IPA05-OO64 Margarita Crossings-Sign ProgramlPlanninglSTAFF REPORT,doc 3 b. Staff believes that proposed letter heights are excessive in relation to the building size (6,000 square feet each) for Buildings "A" and "B". The applicant proposes that 40" high letters be permitted for single row text and that a height of 48" be permitted for stacked letters on these buildings. Consistent with other recently approved sign programs, staff recommends that the project be conditioned that permitted letter heights for Buildings "A" and "B" shall not exceed 30" for a single row of sign text or 40" for total stacked height where two lines of text is utilized (see Condition of Approval No. 10). . The applicant disagrees with staff's recommendation and believes that the size of Buildings "A" and "B" and the location of these buildings justify the proposed letter heights. Staff believes that the proposed letter heights are excessive and that the proposed letter heights for Buildings "A" and "B" conflict with sign programs for other centers along Margarita Road in the vicinity of the project site. For instance, the sign program for the Overland Corporate Center, located at the northwest comer of Overland Drive and Margarita Road limits tenant wall signs to a height of 24 inches. Similarly, the sign program for Bel Villagio, located at the southwest corner of Margarita Road and North General Kearny Road, limits tenant wall signs to a height of 36 inches (single row or stacked) for tenants occupying up to 10,000 square feet. The sign program for the Power Center II, located at the northwest corner of Margarita Road and North General Kearny Road, limits tenant wall signs to a height of 24 inches (single row text) or 42 inches (total stacked height) for shop and pad tenants occupying up to 10,000 square feet. Staff believes that signs with the proposed height should be limited to larger retail stores, such as Lowes, Home Depot, Staples, or Sears. For these business, the buildings are typically very large, are situated more than 200 feet off the street, and the signs are typically 48 inches or more in height. Buildings "A" and "B" are each 6,000 square feet, are located approximately 30 .feet away form Margarita Road, and are situated' below the grad of Margarita Road, which places the wall signs for these buildings nearly immediately adjacent to the street. c. The sign program contains incorrectly scaled exhibits. Staff recornmends that the project be conditioned that the sign program be rllvised to eliminate the scale notations from all building elevations and monument sign elevations provided in the sign prograrn (see Condition of Approval No. 11). The applicant's representative has indicated concurrence with this condition of approval, d. The Development Code states that mOnument signs shall use architectural elements at the top, base, and sides of the signs. Therefore, staff recommends that the project be conditioned thatthe right side of the tenant identification signs .(signs A 1 and A2) consist of stone so that both sides of the sign use architectural elements from the center as required by the Development Code (see Condition of Approval No. 12). At the time that this stat( report was written, the applicant's representative was unable to provide a response as to why the third revision to the sign program did not address this issue. ENVIRONMENTAL DETERMINATION !8l1. The project is categorically exempt from environmental review (Class 11 - Accessory Structures) pursuant to section 15311 of the California Environmental Quality Act. Section 15311 applies when a project consists of construction, or replacement of minor structures accessory to existing cornmercial, industrial, or institutional facilities, including , on-premise signs. G:IPIanning\200SIPAOS-D064 Margarita Crossings-Sign ProgrnmIPlanningIST AFF REPORT.doc 4 ,.' CONCLUSIONlRECOMMENDATION i Staff has determined that the proposed project, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission adopt a Resolution approving the Sign Program with the attached. conditions of approval. FINDINGS Sign Program (Code Section 17.28.080.8) 1. As conditioned, the proposed sign program will preserve and improve the appearance of the City as viewed from Overland Drive and Margarita Road and the allowable signage is appropriate for effective business signage by combining common design elements. 2. The sign program accommodates future revisions which may be required due to Ghanges in building tenants. . ' 3. The proposed sign program, as conditioned, satisfies the intent or objectives of the Development Code and will enhance the development. As conditioned, the proposed program 'results in appropriate signage that compliments the building architecture and aesthetics. AlTACHMENTS " } 1. Vicinity Map - Blue Page 6 2. Proposed Sign Program - Blue Page 7 3. PC Resolution No. 2005-_ - Blue Page 8 Exhibit A - Conditions of Approval 4. Letter from Applicant Requesting Continuance to September 21 , 2005 Hearing G:\Planning\2005\PA05-0064 Margarita Crossings-Sign ProgmmIPlanningISTAFF REPORT,doc . 5 ) PAQ5-0064 \ \ ?"v'y/' . i \~ ,/ / '< I I VICINITY MAP , \ J f) \ \ I , \ '} ~ -~ ~, It ~ , , .., ;. I ' l' \ . - ~ ~ . . , , - \ \ J ~ o o '" i , Ii: m \\ * ~ "' z ~ \'J <i ~ - ~ ",' ~ . 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II " i '" ~ ~ o g o ffi m ~ fu ~ " :z c ~ ~ .. . f '" :z i <( Iii ~ " u z '" 0; l3 z i:i o ('j ~ " <( ill <( " I -, I - !a p ~ <> g ~ 1 c> ffi ~ ~ Ii: ';l\ '" ~ ~ ~ e ~ ~ 'il 1 ~ ~ v i '" ~ ':t z \ (' , ) J () PC RESOLUTION NO. 2005-_ A RESOLUTION OF THE PLANNING COMMISSION OF tHE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0064, A COMPREHENSIVE SIGN PROGRAM FOR THE "MARGARITA CROSSINGS" SHOPPING CENTER, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND OVERLAND DRIVE, ALSO KNOWN AS ASSESSOR PARCEL NUMBER 921-810-026. ( ) WHEREAS, Matthew Fagan, representing Pacific Development Partners, LLC, filed Planning Application No. PA05-0064, a Comprehensive Sign Program "Application", in a manner in accord with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; , WHEREAS, the Planning Commission, at a regular meeting, considered the Application on September 21, 2005, at a duly noticed public hearing as prescribed by'law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION 01= THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitations are true and correct and are hereby incorporated by reference. , Section 2, Findinos. The Planning Commission, in approving the Application hereby , makes the following findings as required by Section 17.28.080.8 of the Temecula Municipal Code: A. As conditioned, the proposed sign program will preserve and improve the appearance of the City as viewed from Overland Drive and Margarita Road and the allowable , signage is appropriate for effective business signage by combining common design elements. B; The sign program accommodates future revisions which may be required due to changes in building tenants. C.The proposed sign program, as conditioned, satisfies the intent or objectives of the Development Code and will enhance the development. As conditioned, the proposed program results in appropriate signage that compliments the building architecture and aesthetics. ( G:\Planning\200~A05-0064 Margarita Crossings.Sign Program\PlanningIDraft PC Reso & COAs.doc 1 , , Section 3. Environmental Comoliance. The project is categorically exempt from (_', environmental review (Class 11 - Accessory Structures) pursuant to section 15311 of the ) California Environmental Quality Act. Section 15311 applies when a project consists of construction, or replacement. of minor structures accessory to existing commercial, industrial, or institutional facilities, including on-premise signs. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Comprehensive Sign Program Application, as set forth on attached Exhibit A, attached hereto, and incorporated herein by this reference together with any and all 'necessary conditions that may be deemed nc~"""ary. section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21 st day of September, 2005. ArrEST: David Mathewson, Chairman Debbie Ubnoske, Secretary [SEAL] i ) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify 'that PC Resolution No. 2005-~ was duly and regularly adopted by the Planning Commission of the City of.Temecula at a regular meeting thereof held on the 21st day.of September, 2005, by the following vote of the Commission: ' AYES: NOES: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary ) G:\Planning\2005\P A05'OO64 Msrgarila Crossings-Sign PrognUnlPlanningIDraft PC Reso & COAs,doc 2 ,{ d" d:-" ~ ~_ () EXHIBIT A City OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No,: PA05-0064 Project Description: A Comprehensive Sign Program for the "Margarita Crossings" shopping center located on a 5.56 acre site at the southwest corner of Margarita Road arid Overland Drive (A.P.N. 921-810-(26). NA NA NA /----) ! MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT VVithinForty.Eight (48) Hours of the Approval ofthis Project September 21, 2005 September 21, 2007 . ( i .j. 1. The applicanVdev~loper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enabl.ethe City to file the Notice of Exemption as provided under Public Resource$ Code Sectioh211 08(b) ahd California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicailVdeveloper has not delivered to the Planning Department the check as required above, the approval for the projEictgranted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 'Generai Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attaok, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters 0f the City, concerning the Planning Applioation. The City shall be deemed for purposes of this condition, to include any ,agenoy or instrumentality thereof, or any of itS elected or appointed officials, officers, employees, consultants, contractors, legal counsel; and agents. City shall promptly notify both the applicant arid landowner of any claim, action, or proceeding to Which this condition is applicable and shall further cooperate fully in the defense of the aotion. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such -defense. G:\Planning\2005\PA05-OO64 Margarita Crossings-Sign Program\PlanningIDraft PC Reso & COAs.doc 4 3. - 'c..-'--;--~,-"-.,.c-""_~,.,,__^~'C'C.......,,~~.,,,~,--,",,..,.~_ This approval shall be used within two (2) years of,the approval date; otherwise, it shall become null and void.' By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period, Which is thereafterdiligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. ' 4. The Director of Planning may, upon an application, being 'filed within thirty day prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time; one year at a time. 5. ' The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and retum one signed set to the Planning Department for their files. ' 6. The erection of signs on the premises shall SUbstantially conform to the approved Sign Program, contained on file with the Planning Department. 8. If at any 'time during excavation/construction of the site, archaeologicaVcultural resOUrces, or any artifacts or other objects Which reasonably appears to be evidence of cuitural or archaeological resource are discOvered, the property owner shall immediately advise the City of' such and the City shall cause' all furtner excavation or either disturbance of the affected area to immediately cease; The Director of Planning at his/her sole discretion may require th~ property to, deposit a sum of money itdeeins reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to, the City, in order to assess. the significance of' the find. Upon determining that the discovery 'is ,not an archaeologicaVcultural resource, the. Director of Planning shall notify the property owner 'of such determination' and shall authorize the resumption of work. Upon determining that the discovery is an archaeologioaVcultural resource, the Director of Planning shall Hiiotify the.pr.operty owner that no further-excav<ltion or development may take place until , ,8 mitigatlon plan or other corrective measures have been approved by the Director of Planning. ' 9. The sign program shall be revised to eliminate "secondary signs'! (as called out on pages 12 and 13 of the sign program) beeliminatetl from the sign program. At the applicant's option, the sign program may be revised to add text to allow that maidmum,tenant sign area shall not exCeed one square foot per lineal foot of business frontage, subject to review and approval by the Director of Planning. ' '10. The sign pro,gram shall be revised throughout to state that permitted letter heights shall not exceed 30"for Ii single row 01slgn text or'40" for total stacked height Where two lines of text is utilized. 11. The sign program shall be revised to eliminate scale notations from, all building , elevations and mpnument sign e'levations provided in the sign program. 12. The sign program shall be,revised to require that the right side of-the tenant identification 'signs (signs A 1 and A2) consist of stone so that both sides of the sign use ,architectural elements from the center. ' . 13., Illumination of all signs shall conform to the requirements of OrdinanbeNo. 655 to reduce impacts on the Mount Palomar Observatory. ' G:IPlanningl2005\PAOS-0064 MargarilltCroSsings-Sign Progr.unIPlanning\Draft PC Reso & COAs,doc , ,S (~) ,- ; ( ., n ( ) { l .../ i , i. Priot to the Issuance of Building Permits 14. A separate building permit shall be required for all signage. By placing my signature below, I confirm that I have read, understand and accept all the aboVe Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:\Planning\2005\P A05-0064 Margarita Crossings-Sign Progrnmil>JanningIDrnft PC Reso & COAs.doc 6 ATTACHMENT NO.4 LETTER FRDM APpLICANT REQUESTING CONTINUANCE TO SEPTEMSER 21, 2005 HEARING G:\Planning\2005\P A05-0064 M,,!,garita Crossings-Sign Program\PlanninglSTAFF REPORT.doc 9 t.~ '.' .(~) Matthew Fagan Consulting SerViceS 42011 Avenida Vista Ladera Temecula, CA 92591 Phone: 951.699.2338 Fax: 951.694.4474 matthewfaaanta>adelohia.net August 29, 2005 Mr. Stuart Fisk, Associate Planner City of Temecula Community Development Department - Planning Division 43200 Business Park Drive .' P. O. Box 9033 Temecula, CA 92589-9033 SUbject: Planning Commission Continuance Request for Planning Application No. PA05-0064 (Margarita Crossings Sign Program), located at the southwest comer of the intersection of Margarita Road and Overland Drive Dear Stuart: r'" : )Sased on our meeting last week and input from my client, this letter shall serve as a formal request to continue the above referenced Planning Application from the September 7, 2005 Planning Commission meeting to the September 21, 2005 Planning Commission meeting so We may have additional time to address outstanding comments on the Sign Program. Please feel free to call me at 951.699.2338 if you have any questions or need any .' additional information. Sincerely, ..~. .kr-..- - -,~ Matthew Fag n ct:: Lars Andersen John, Hadaya ( ) .j ATTACHMENT NO.4 REVISED SIGN PROGRAM G:\Planning\2005\PA05-0064 Margarita Crossings-Sign Program\Planning\Continuance Memo#6.doc 6 .~ -< = ., ~ 0 = ~ ";, r z ~ '" <t '" ~ - 0 ~ 0 N ~. l:'-l ~ w ~ '" ~ U ~ 0 <t f 01 l" 01 u z. 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ROLL CALL Present: Commissioners Chiniaeff, Guerriero, Harter, Telesio, and Chairman Mathewson Absent: None, PUBLIC COMMENTS No public comments, CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1,1 Approve the Minutes of September 7, 2005, 2 Director's Hearina Case Uadate RECOMMENDATION: 2,1 Approve the Director's Hearing Case Update for August, 2005, MOTION: Commissioner Guerriero moved to approve the Consent Calendar, Commissioner Chiniaeff seconded the motion and voice vote reflected approval with the exceotion of Commissioner Harter who abstained, R:\MinutesPC\09210S COMMISSION BUSINESS 3 Introduction of new Fire Marshal At this time, Fire Marshal McBride introduced newly hired Fire Marshal Steve Faris, The Planning Commission welcomed Fire Marshal Faris, PUBLIC HEARING ITEMS Continued from September 21, 2005 4 Plannino Aoolication No. PA05-0064. a Develooment Plan, submitted bv Matthew Faaan. for a Comorehensive Sian Prooram for the Maraarita Crossinas shoopino center on 5.56 acres, located on the southwest corner of Maroarita Road and Overland Drive Associate Planner Fisk presented a staff report (of written record), advising that the applicant would not be in agreement with the following two Conditions of Approval: . Condition of Approval No, 12 - that the sign program shall be revised to require that the right side of the tenant identification signs (signs A 1 and A2) consist of stone so that both sides of the sign use architectural elements from the center . Condition of Approval No, 8 - that excavation/construction of the site, archeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. Commissioner Telesio expressed concern with the intensity of the proposed color palette, In response to the Planning Commission's queries, Associate Planner Fisk noted the following: . That the grading will be cut and fill and that Condition of Approval No. 8 (excavation/construction), would be a standard Condition of Approval that is placed on projects that would have ground disturbance . That adding stone to the right side of the monument sign would address the Development Code requirement for building materials to be carried through the top, bottoms, and sides of the monument sign . That staff does not have any concerns with the applicant's proposed color palette . That there is proposed signage for the rear of Building C, but that the sign age will be smaller than Buildings A and B . That the intent of the neon sign age would refer to all the window signs, advising that neon tubes will be hidden behind the face of the letters. At this time the public hearing was opened, R:\MinutesPC\092105 2 Mr,Matthew Fagan, representing the applicant, commented on the following: . That the applicant would be in agreement with Condition of Approval No, 8 - (excavation/construction) . That the applicant is of the opinion that the proposed signage would meet the intent of 'the sign program and will compliment the buildings architecture and aesthetics of the center. Mr. John Hadaya, representing the Ultrasigns Electrical Advertising, offered the following comments: . That adding a column to the right side of the tenant identification sign would be too symmetrical . That the signs as proposed, will be proportional and will be quality signs . That the applicant would be willing to add a column to the right side of the tenant sign if it were the desire of the Planning Commission . That the color at the end caps of the tenant sign will be neutral beige made of aluminum and will compliment the building architecture and aesthetics of the center . That the proposed paint colors will contain polyurethane which will last against fading for 10 years. Commissioner Telesio relayed that it would be his desire to add finish (stone) to the right side of the tenant sign. Referencing the proposed color scheme, Mr, Hadaya noted the following: . That the proposed sign colors are intended for non-national or non-regional tenant; . That the applicant's intent would be to offer tenants flexibility with color options and that the major tenants will have its own colors, . That major tenants usually use primary colors such as red and blue . That the proposed colors would be considered basic colors and that they will not be phosphorus. Commissioner Chiniaeff suggested that the applicant use a color palette similar to the materials used in the center such as earth tone colors versus the proposed primary colors, For the Planning Commission, Mr, Hadaya relayed that he would be willing to change the colors of the monument sign to earth tone colors as requested by the Planning Commission. It was also suggested by the Planning Commission that the applicant consider toning down the color of the sign age on the buildings, R:\MinutesPC\092105 3 Commenting on the enhanced architecture, Chairman Mathewson expressed concern with the proposed illuminating signage/colors detracting from the architecture and queried if the applicant would be willing to add blade signage to the frontage of Building C, In response to Chairman Mathewson, Mr. Hadaya relayed that he would be willing to add projecting blade signage to the frontage of BUilding C, Mr, Matthew Fagan relayed that the applicant would also be wiling to add some pedestrian level signage, At this time, the public hearing was closed, Impressed with the quality of architecture, the Planning Commission relayed the Importance of the signage blending in with the theme of the center and suggested that the item be continued, MOTION: Commissioner Chiniaeff moved to continue the item to the October 19, 2005, Planning Commission meeting, Commissioner Guerriero seconded the motion and voice vote reflected unanimous approval. New Items 5 Plannina Aoolication No. PA05-0036 and PA05-0037. A Tentative Parcel Mao 33421 and Develooment Plan. submitted bv Garv Hamro of The PRES Comoanies. to create two lots of 6.24 acres and 9.13 acres: construct six "flex-tech" buildinas totalin(l 62,815 sauare feet two industrial buildinas totalina 38.280 sauare feet and seven office buildinas totalina 87,23Q sauare feet. located on Via Industria Due to a conflict of interest, Commissioner Guerriero recused himself from the dais. Associate Planner Peters presented a staff report (of record), highlighting the following: . That staff is recommending a modification to a mitigation measure - specifically to the Air Quality Section (as per staff report) be modified to impose - that the application of paints and surface coating shall not exceed South Coast Air Quality Management District (SCAQMD) thresholds . That the applicant will be conditioned to return to staff with a proposed sign program, Commissioner Telesio expressed concern with the tops of the towers, advising that they may be too flat. It was also noted by Associate Planner Peters that the office side of the buildings will offer a large central gathering place that will have a view; and that the industrial building will be taller, have decorative paving, and an overhead trellis and seating areas. At this time, the public hearing was opened, Thanking staff for all its efforts with the project, Mr, Gary Hamro, representing Pres Development, spoke in favor of the proposed project. R:\MinutesPC\092105 4 At this time, the public hearing was closed, MOTION: Commissioner Chiniaeff moved to approve the staff recommendation subject to the modification of the South Coast Air Quality Management District (SCAQMD) to impose that the application of paints and surface coating shall not exceed SCAQMD thresholds and to accept the mitigation monitoring program as part of the Mitigation Monitoring Program (MMP), Commissioner Harter seconded the motion and voice vote reflected approval with the exceotion of Commissioner Guerriero who abstained, PC RESOLUTION NO. 2005-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA05-0036, A TENTATIVE PARCEL MAP (TPM NO. 33421) TO CREATE TO COMMON LOTS 6.24 ACRES AND 9.13 ACRES ON THE EAST AND WEST SIDES OF VIA INDUSTRIA APN 909-321-008 THROUGH 9090321-012, AND 909-322-001 THROUGH 909-322-004 COMMISSIONERS' REPORTS Referencing the signalization at Ynez Road and Winchester Road, Deputy Public Works Director Parks stated that staff has made a minor modification to the signalization of the at the intersection, Addressing the concern about the newspaper racks at Rancho California Road and Margarita Road, City Attorney Thorson stated that the City currently has a comprehensive news rack ordinance in place and that staff is in the process of surveying the ordinance to determine whether or not the news rack on Rancho California Road and Margarita Road is in compliance, The Planning Commission thanked staff for all its efforts in working with the applicants. PLANNING DIRECTOR'S REPORT No report at this time. ADJOURNMENT At 7:45 P,M., Chairman Mathewson formally adjourned this meeting to the next reaular meetinq to be held on Wednesday. October 5, 2005 at 6:30 P,M" in the City Council Chambers, 43200 Business Park Drive, Temecula, Dave Mathewson Chairman Debbie Ubnoske Director of Planning R:\MinutesPC\092105 5 Ii - I. ITEM NO. 18 I I Approvals City Attorney Director of Finance City Manager ~~ GIl 9fJ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manager DATE: April 11 , 2006 SUBJECT: Appointment of Ad-Hoc Subcommittee for Issues Regarding the Consolidation of Macy's and the Robinsons-May at the Promenade Mall RECOMMENDATION: That the City Council appoint an ad-hoc subcommittee to provide direction as issues arise regarding consolidation of Macy's and the Robinsons-May at the Promenade Mall. BACKGROUND: As has been reported in the media, the parent company of Macy's has acquired the Robinsons-May chain and will be closing and/or consolidating stores. Since there are both Macy's and Robinsons-May stores at the Promenade Mall, there may be issues regarding use of this space and other related tenanting and/or re-tenanting issues. Therefore, staff recommends that the City Council appoint an ad-hoc subcommittee that can provide policy direction on such issues. FISCAL IMPACT: None