The URL can be used to link to this page

Home My WebLink About030607 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting v.ill enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 6, 2007 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:15 P.M. - Closed Session of the City Council pursuant to Government Code Section: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding the following real property: (a) Real Property owned by Ruben Calixto, Jr. and Jennifer Calixto, Trustees of the Calixto Family 2003 Trust, dated April 10, 2003, which is commonly known as 41351 Armada Place, Temecula, and identified as Riverside County Assessor's Parcel Number 943-090-017. City of Temecula negotiators, Paula Baeza of the City Attorney's Office, Greg Butler, Principal Engineer; and Carol Chiodo, Property Agent, regarding instructions to negotiators concerning price and terms. City negotiators may negotiate with the property owners Ruben Calixto, Jr. and Jennifer Calixto, Trustees of the Calixto Family 2003 Trust, dated April 10, 2003. 2. Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 07-02 Resolution: 07-20 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Mathew Nunez Invocation: Pastor W.M. Rench of Calvary Baptist Church Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTA TIONS/PROCLAMA TIONS Communitv Beautification Officer Presentation Sister Citv Presentation 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. 2 1 Standard Ordinance and Resolution Adootion 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 13, 2007. 3 Resolution aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Reoort as of Januarv 31. 2007 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of January 31, 2007 5 Winchester Road/Route 79 North Corridor Beautification Proiect - Proiect No. PW06-15.. Professional Services Aareement for Enaineerina and Landscaoe Architectural Services RECOMMENDATION: 5.1 Approve an agreement with RBF Consulting in an amount not to exceed $179,916.00 to provide professional engineering and landscape architectural design services for project No. PW06-15, and authorize the Mayor to execute the agreement; 5.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $17,991.60, which is equal to 10% of the agreement amount; 5.3 Approve an acceleration in the amount of $38,000.00 from the Fiscal Year 2007- 2008 appropriation to cover the design phase and administrative costs for Fiscal Year 2006-2007. 6 Tract Mao No. 32113 (located on the north side of Reminaton Avenue aooroximatelv 1130 feet southwest of Diaz Road) 3 RECOMMENDATION: 6.1 Approve Tract Map No. 32113 in conformance with the Conditions of Approval. 7 Professional Services Aareemeni. Kimlev-Horn and Associates Santiaao Detention Basin. Phase 1- Proiect No. PW06-12 RECOMMENDATION: 7.1 Approve the agreement with Kimley-Horn and Associates, Inc. to provide professional engineering and design services for the preparation of plans, specifications and estimates for construction of the Santiago Detention Basin, Project No. PW06-12, Phase 1 for the not to exceed amount of $65,250.00, and authorize the Mayor to execute the agreement; 7.2 Authorize the City Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $6,525.00. 8 Rorioauah Ranch Proiect - Aooroval of Fourth Ooeratina Memorandum RECOMMENDATION: 8.1 Adopt a resolution entitled: A RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FOURTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR THE RORIPAUGH RANCH PROJECT TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come 4 forward and state your name and address for the record. CSD CONSENT CALENDAR 9 Minutes RECOMMENDATION: 9.1 Approve the minutes of February 27, 2007. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. RDA CONSENT CALENDAR 10 Minutes RECOMMENDATION: 10.1 Approve the minutes of February 27, 2007. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING 5 Any person may submit written comments to the City Council/Redevelopment Agency before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 11 Fifth Amendment to the Disoosition and Develooment Aareement for the Temecula !,ducation Center 11.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A FIFTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX 11.2 That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A FIFTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT TPFA CONSENT CALENDAR 12 Minutes RECOMMENDATION: 12.1 Approve the minutes of February 27, 2007. 13 $51.250.000 Temecula Public Financina Authoritv Communitv Facilities District No. 03-02 (Rorioauah Ranch). 2006 Special Tax Bonds - Suoolement NO.1 Amendina the Acauisition Aareement and New Deoosit Aareement RECOMMENDATION: 6 13.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING SUPPLEMENT NO.1 TO THE ACQUISITION AGREEMENT RELATING TO THE $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH), 2006 SPECIAL TAX BONDS 13.2 Adopt a resolution entitled: RESOLUTION NO. TPFA 07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING A DEPOSIT AGREEMENT RELATING TO THE $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH), 2006 SPECIAL TAX BONDS 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. COUNCIL BUSINESS 14 Adootion of Resolution Initiatina Annexation Proceedinas for the Santa Maraarita Ecoloaical Reserve Area RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS CONCURRENTLY FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AS THE SANTA MARGARITA ECOLOGICAL RESERVE AND SURROUNDING AREAS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE EXTENSION OF THE CITY'S SPHERE OF INFLUENCE TO MATCH THE ANNEXATION BOUNDARIES 7 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Thursday, March 22, 2007, 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 PROCLAMA TIONS AND PRESENTATIONS CONSENT CALENDAR 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 FEBRUARY 13,2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, February 13, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Council Members: Comerchero, Edwards, Roberts, Naggar, and Mayor Washington. Absent: o Council Members: None. PRELUDE MUSIC The Prelude Music was provided by Christina Comer. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Naggar. PUBLIC COMMENTS No additional comments. CITY COUNCIL REPORTS A. Wishing Professor Penny pickle a Happy Birthday, Council Member Edwards noted that a birthday bash for the Professor will be held at the Children's Museum on Sunday, February 18, from 1 :00 p.m. to 4:00 p.m. B. Council Member Roberts advised that he was recently elected to serve as Chairman of the Southern California Regional Rail Authority for the next two years. In response to Mayor Pro Tem Naggar's query, Council Member Roberts noted that the Perris Station will open in two years. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:\Minutes\021307 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of January 9, 2007; 2.2 Approve the minutes of January 23, 2007. 3 Resolution aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Reoort as of December 31. 2006 RECOMMENDATION: 4.1 That the City Council receive and file the City Treasurer's Report as of December 31,2006. 5 Prooertv Insurance Renewal RECOMMENDATION: 5.1 That the City Council approve the City of Temecula Property Insurance Policy renewal with Chubb Insurance Company and Empire Indemnity/AXIS Specialty Insurance Company, for the period of February 26, 2007 through February 26, 2008, in the amount of $285,595. 6 Aoorove the FY 2007-08 Temecula Vallev Tourism Business Imorovement District Advisorv Board Annual Reoort and Declaration of Intention to Levv an Assessment Aa.ainst Lod.aina Businesses within the Temecula Vallev Tourism Business Imorovement District for FY 2007-08 RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 07 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REPORT OF THE ADVISORY BOARD FOR FISCAL YEAR 2007-08 IN CONNECTION WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) R:\Minutes\021307 2 6.2 Adopt a resolution entitled: RESOLUTION NO. 07-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT AGAINST LODGING BUSINESSES WITHIN THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) FOR FISCAL YEAR 2007 -08 AND FIXING THE TIME AND PLACE OF PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF 7 Citv Council Meetina Schedule - March 2007 RECOMMENDATION: 7.1 Direct the City Clerk to re-schedule the City Council meeting of March 13, 2007 to March 6, 2007, and perform the appropriate postings and noticing requirements of the Government Code. 8 Aoorove the Soonsorshio Reauest For the 2007 Temecula Sorina Rod Run RECOMMENDATION: 8.1 Approve the 2007 Temecula Spring Rod Run Sponsorship Agreement with P & R Foundation and authorize the Mayor to execute the Agreement. 9 Aareement for consultina services between the Citv of Temecula and PCR Services Corooration RECOMMENDATION: 9.1 Approve the Contract with PCR Services Corporation in the amount of $167,670; 9.2 Authorize the City Manager to approve additional services up to 10% of the amount of the agreement notto exceed $16,767; 9.3 Approve a budget appropriation of $184,437 from General Fund Designated Fund Balance. 10 fl,cceotance of Aareements and Bonds for Public Imorovements in Tract No. 23064 - Centex Homes (Located northeast of the intersection of Deer Hollow Wav and Peooercorn Drive) RECOMMENDATION: 10.1 Accept the Subdivision Improvement Agreement and the Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map No. 23064; 10.2 Accept the Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23064. R:\Minutes\021307 3 11 Acceotance of Aareements and Bonds for Public Imorovements in Tract No. 23065-3 - Centex Homes (Located northeast of the intersection of Pechanaa Parkwav and Primrose Avenue) RECOMMENDATION: 11.1 Accept the Subdivision Improvement Agreement and the Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map No. 23065-3; 11.2 Accept the Subdivision Monument Agreement and the Subdivision Monument Bond as security for monumentation for Tract Map No. 23065-3. 12 Acceotance of the Traffic Sianal at the Intersection of Nicolas Road and north General Kearnev Road into the Citv-Maintained Svstem as Dart of the Rorioauah Ranch CFD Proiect No. PW03-02 RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 07-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE TRAFFIC SIGNAL AT THE INTERSECTION OF NICOLAS ROAD AND NORTH GENERAL KEARNEY ROAD INTO THE CITY-MAINTAINED SYSTEM AS PART OF THE RORIPAUGH RANCH CFD PROJECT NO. 03-02 13 Authorize Temoorarv Street Closures for the Annual Temecula Sorina Car Show Event (Old Town Front Street. between Moreno Road and Second Street. and other related streets) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 07-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING STREET CLOSURES FOR THE ANNUAL TEMECULA SPRING CAR SHOW EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT R:\Minutes\021307 4 14 First Amendment to a Professional Services Aweement. Maintenance Facilitv Field Ooerations Center - Phase II. Proiect No. PW03-06 RECOMMENDATION: 14.1 Approve the First Amendment to the Agreement with MTGL, Inc., for geotechnical and material testing and special inspections, in an amount not to exceed $40,000 for the Maintenance Facility Field Operations Center - Phase II - Project No. PW03- 06 - and authorize the Mayor to execute the Amendment. 15 ComQletion and Acceotance of the Pauba Road Imorovements - Phase II - Proiect No. PWOO-09 RECOMMENDATION: 15.1 Accept the construction of the Pauba Road Improvements - Phase II - Project No. PWOO-09, as complete; 15.2 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; 15.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. 16 Amend a contract with Nth Generation Comoutina. Inc. 16.1 Amend a contract with Nth Generation Computing, Inc. in the amount of $10,471.50 for the procurement of additional I LM licenses. 17 Establishment and Aooointment of Ad-Hoc Subcommittee-Luxurv Car Dealershio RECOMMENDATION: 17.1 Establish an ad-hoc subcommittee to review the potential for development of luxury automobile dealerships within the City and remove this function from the Economic Development Subcommittee; 17.2 Appoint Mayor Washington and Council Member Roberts to this ad hoc subcommittee. 18 Namina Temecula Amohitheater at CRC (at the reauest of Mavor Washinaton) RECOMMENDATION: 18.1 Name the City's amphitheater at the Community Recreation Center (CRC) the Temecula Amphitheater. R:\Minutes\021307 5 MOTION: Council Member Edwards moved to approve the Consent Calendar. Council Member Comerchero seconded the motion and electronic vote reflected unanimous aooroval. At 7:16 p.m., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:19 p.m., the City Council resumed with regular business. COUNCIL BUSINESS 24 Studv Session - Promenade Mall Exoansion - Plannina Aoolication No. PA06-0293 - (at the reauest of Mavor Pro Tem Naaaar) - 24.1 Review and comment on the expansion plans with regard to the proposed architecture and site design; 24.2 Review and comment on the expansion plans with regard to the five- to seven-year vision for the Promenade Mall - loop road concerns and facade/signage upgrades for existing mall. Director of Planning Ubnoske provided a staff report (of record). Per PowerPoint Presentation, Mr. Kenneth Lee, representing Forest City Development, and Mr. Andrew Feola, representing F & A Architects, highlighted on the following: o Background o Project Description o Access/Circulation o Architecture o Site Design o Landscaping By way of PowerPoint Presentation, Ms. Amy Oliver, representing SWA Group, provided more detail with regard to the landscaping aspect of the proposed mall expansion. Ms. Stephanie Mehl, representing Francis Krahe & Associates, Inc., highlighted on the lighting aspect of the proposed project. The City Council thanked the applicant for the presentation. At this time, the public hearing was opened. Mr. Raymond Johnson, Temecula, noted that although he would not be opposed to the mall expansion, expressed concern with the environmental review, internal traffic within the mall area, and the size of the parking structure. Noting that this item would be a study session and that no action will be taken, Mayor Washington thanked Mr. Johnson for his comments and advised that his concerns with the mall expansion will be addressed as the project moves forward. For the Council and public, City Attorney Thorson noted that he would be of the opinion that Mr. Johnson's concerns have been addressed. R:\Minutes\021307 6 Although enthusiastic about the expansion of the mall, Planning Chairman Chiniaeff would request that the circulation plan and power center throughout the mall be incorporated in a timely fashion. At this time, the public hearing closed. CITY MANAGER REPORT No additional comments. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report under the Brown Act. ADJOURNMENT At 8:25 p.m., the City Council meeting formally adjourned to Tuesday, February 27, 2007, 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. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk R:\Minutes\021307 7 I~-- . , II ITEM NO.3 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V ell c:Ic0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: March 06, 2007 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $1,104,753.99. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 6th day ofMarch , 2007. Chuck Washington, 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. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 6th day of March, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 02/22/2007 TOTAL CHECK RUN: 02/22/2007 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 03/06/07 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 193 194 196 197 210 280 300 320 330 340 460 001 165 190 192 193 194 196 210 280 300 320 330 340 GENERAL FUND RDA LOW /MOD - 20"10 SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL "L" LAKE PARK MAINT. TEMECULA LIBRARY FUND CAPITAL IMPROVEMENT PROJECTS FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES CFD 88-12 DEBT SERVICE FUND GENERAL FUND RDA LOW /MOD - 20"10 SET ASIDE TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL D TCSD SERVICE LEVEL "L" LAKE PARK MAINT. CAPITAL IMPROVEMENT PROJECTS FUND REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: $ 402,884.73 20,643.30 63,208.65 108.41 2,489.48 75706 308.07 2,080.00 121,084.24 5,765.39 6,809.19 26,474.84 1,216.48 4,413.23 23.00 $ 298,541.41 4,966.41 93,760.44 114.97 4,769.96 848.61 573.63 70.21 3,196.77 1,231.45 25,859.96 3,113.79 9,440.31 $ 658,266.07 446,487.92 $ 1,104,75399 $ 658,266.07 446,487.92 $ 1,104,753.99 apChkLst Final Check List Page: 1 02/22/2007 4:30:46PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 819 0212212007 000444 INSTATAX (EDD) State Disability Ins Payment 19,013.52 19,013.52 820 0212212007 000283 INSTATAX (IRS) Federal Income Taxes Payment 78,559.84 78,559.84 821 0212212007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,436.17 20,436.17 SOLUTION 822 0212212007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 114,324.78 114,324.78 RETIREMENT) 823 0212212007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,868.88 2,868.88 NATIONWIDE RETIREMENT 113996 0212212007 003859 ALL ABOUT SELF STORAGE Offsite storage Units C3321G702 Dec-Feb 460.00 460.00 113997 0212212007 009374 ALLEGRO MUSICAL VENTURES Piano tuning/maint svc: Theater 1,317.00 1,317.00 113998 0212212007 009790 AL TA VISTA COMMUNITY ASSOC Refund: Security Depst: CRC 2/13/07 150.00 150.00 113999 0212212007 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 762.00 DUI Drug & Alcohol Screening 648.00 1,410.00 114000 0212212007 000101 APPLE ON E INC Temp Help PPE 01/20 Henry, X. 360.48 360.48 114001 0212212007 008966 AUSTIN FOUST ASSOCIATES INC Nov-Dec Design Svcs:Pechanga Pkwy 4,982.50 4,982.50 114002 0212212007 002648 AUTO CLUB OF SOUTHERN Membership: John Zuna 098647260 47.00 CALIF Membership: Richard Jensen 33069042 47.00 94.00 114003 0212212007 006824 B P WEST COAST PRODUCTS, Refund: Citation 0921 paid twice 50.00 50.00 LLC 114004 0212212007 008605 BONTERRA CONSULTING 12/9-1/12/07 Silt removal:RRSP channel 4,380.00 4,380.00 114005 0212212007 003138 CAL MAT PW patch truck materials 973.16 PW patch truck materials 214.68 PW patch truck materials 126.D7 PW patch truck materials 125.45 1,439.36 114006 0212212007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 Page:1 apChkLst Final Check List Page: 2 02/22/2007 4:30:46PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 114007 0212212007 004248 CALIF DEPT OF JUSTICE- Jan Fingerprinting svc:library/PD/new 5,458.00 ACCTING Dec fingerprinting svc:library/PD/new hire 5,276.00 Nov 06 drug & alcohol analysis: Police 2,205.00 Dec 06 drug & alcohol analysis: Police 1,575.00 14,514.00 114008 0212212007 000131 CARL WARREN & COMPANY INC 10/18/06-1/26/07 Claim adjuster services 2,457.76 1/3/07-1/26/07 Claim adjuster services 194.88 2,652.64 114009 0212212007 000131 CARL WARREN & COMPANY INC Dec claims adjuster services 115.00 115.00 114010 0212212007 010752 CAVOR, INGRID Refund:Cartooning w/Bigfoot-Zachary 45.00 45.00 114011 0212212007 009539 CHARLES ABBOTT ASSOCIATES Jan Plan check Svcs: Fire Prevention 1,270.10 1,270.10 INC 114012 0212212007 000137 CHEVRON USA INC City vehicles fuel: City Manager/Police 184.66 184.66 114013 0212212007 004414 COMMUNITY WORKS DESIGN July-Aug 06 Landscape planck svcs 21,645.00 GROUP Sept-Oct 06 Landscape planck svcs 15,480.00 37,125.00 114014 0212212007 010763 CORCORAN, THOMAS Refund: VICR Fee TE07036266 110.00 110.00 114015 0212212007 001264 COSTCO WHOLESALE Misc supplies:Team PACE 390.97 390.97 114016 0212212007 003272 DAISYWHEEL RIBBON Plotter Supplies: GIS 413.98 413.98 COMPANY INC 114017 0212212007 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 285.25 TCSD instructor earnings 114.10 399.35 114018 0212212007 002712 ECONOMIC & POLITICAL INC 2006 City demographic report 15,500.00 15,500.00 114019 0212212007 007364 EMED COMPANY INC Confroom sign: CH meeting in session 61.24 61.24 114020 0212212007 010758 ESCALANTE, CANDY Refund:CRC Rental 3/30/07 645.00 645.00 114021 0212212007 000164 ESGIL CORPORATION Jan plan ck svcs:Building & Safety 27,296.79 Billing Adj: Jan Plan check services -316.20 26,980.59 114022 0212212007 003665 EXCEL TELECOMMUNICATIONS Jan long distance phone svcs 6.44 6.44 Page2 apChkLst Final Check List Page: 3 02/22/2007 4:30:46PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 114023 0212212007 000478 FAST SIGNS Exhibit Signs:history museum 35.03 35.03 114024 0212212007 000165 FEDERAL EXPRESS INC 1/31-2/6/07 Express mail services 292.55 292.55 114025 0212212007 000165 FEDERAL EXPRESS INC 11/16/06 Generator Freight: Library 129.00 129.00 114026 0212212007 003747 FINE ARTS NETWORK Settlement: Side by Side by Sondheim 881.24 881.24 Page:3 apChkLst Final Check List Page: 4 02/22/2007 4:30:46PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 114027 0212212007 003347 FIRST BANKCARD CENTER US AIRWAYS ME Airiare:NLC Ann'l Cf:3/10-14/07 478.10 CALIF REDEVELOPMENT ASSN JM Regist07 Annl Conf:2/28-3/2 465.00 NATIONAL LEAGUE OF CITIES ME RegistNLC Ann'l Cf:3/10-14/07 410.00 HILTON SJ Hotel:CC PEAK Conf:Jones 290.00 HUNGRY HUNTER SJ Refreshments:Council closed session 258.44 SWEET LUMPY BBQ LLC SJ Refreshments: Council closed session 205.81 AMAZON.COM,INC TT Info System reference books 162.85 PECHANGA RESORT & CASINO WH Refreshments: Mntc Briefing Mtg 153.66 GODADDY.COM INC. TT Theater Domain Name Regist 147.52 COMP USA INC TT computer supplies:lnfo Sys 123.88 OFFICE DEPOT BUSINESS SVS TT Misc computer supplies:IS 107.74 DIV COMMUNICATION BRIEFING TT Briefing services 97.00 BARNES AND NOBLE STORE TT Info System reference books 89.95 MARIE CALLENDER SJ Refreshments:lnterview Panel 86.00 RESTAURANT 25 TEMECULA FLOWER CORRAL SN In honor of Brian Freeman 73.22 DIGI-KEY CORPORATION TT CPUs fans for library 41.48 MIMI'S CAFE AA Refreshments:Econ Devel Mtg 40.03 SJ Bank charges 35.00 PA YPAL TT Veri sign Payflow Pro Transaction 24.60 R J'S SIZZLlN STEER AA Refreshments: Mtg w/council mbr 23.51 TREO CENTRAL STORE TT Treo Screen Protectors/Pens 20.90 CATERERS CAFE JM Refreshments:Mtg w/council mbr 16.92 EXPEDIA.COM ME Svc Fees:NLC Ann'l Cf:3/1G-14/07 5.00 3,356.61 114028 0212212007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 114029 0212212007 007866 G C S SUPPLIES INC Printer toner supplies:Citywide 280.00 280.00 114030 0212212007 003815 GFB FRIEDRICH & ASSOCIATES Dec Svcs:DePortola Rd Rehab PW06-10 3,705.00 3,705.00 INC Page:4 apChkLst Final Check List Page: 5 02/22/2007 4:30:46PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 114031 0212212007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire Stn 73/84/Prevention 1,594.70 INC Office Supplies: PW AdminlN PDES 631.37 Office Supplies: Info Sys & Library 381.88 Office Supplies: Theater 113.30 Office Supplies: CRC 95.40 2,816.65 114032 0212212007 010279 GRIFFITH AIR TOOL INC Repair to Jack HammersNibratory Plate 265.47 265.47 114033 0212212007 004053 HABITAT WEST INC Long Canyon detention basin maintenance 554.00 554.00 114034 0212212007 010776 HALLMARK SUITES Htl:D.Gray Camp. Evidence 2/26-3/9 1,140.96 1,140.96 114035 0212212007 003543 HERMAN WEISSKER INC Nov/Dec 06 prgss pmt:Public Library 6,802.23 6,802.23 114036 0212212007 005748 HODSON, CHERYL A. Support Payment 19.15 19.15 114037 0212212007 003198 HOME DEPOT, THE Mise hardware supplies: PW 144.99 144.99 114038 0212212007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,084.05 11,084.05 303355 114039 0212212007 010766 INLAND VALLEY SYMPHONY Performance: Symphony 2/12107 1,481.92 1,481.92 114040 0212212007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals:crc/tes pools 205.00 INC Pool sanitizing chemicals:crcltes pools 167.93 372.93 114041 0212212007 003266 IRON MOUNTAIN OFFSITE Info sys tape storage:Records 401.00 401.00 114042 0212212007 010119 IRS-OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11 114043 0212212007 001186 IRWIN, JOHN TCSD instructor earnings 109.20 109.20 114044 0212212007 009393 J M DIAZ INC Oct 06 Design SVcs:Pechanga Pk Phase II 3,356.59 3,356.59 114045 0212212007 004024 KOCH HEATING & AIR Res ImplY Prgm:Nancy Miller 4,744.00 4,744.00 CONDITION 114046 0212212007 000210 LEAGUE OF CALIF CITIES Reg:Plnrs Expo P.Richardson 3/21-23 490.00 490.00 PageS apChkLst Final Check List Page: 6 02/22/2007 4:30:46PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 114047 0212212007 000482 LEIGHTON CONSULTING INC Nov-Jan prgss:Educ Cntr Rough Grading 7,416.65 7,416.65 114048 0212212007 009521 LIONEL'S VINYL'S Graphics: sides of CAP patrol vehicles 1,461.06 1,461.06 114049 0212212007 008743 LONNIE SMITH CONSTRUCTION Refund: Adj to K-Rat Fees LD06-044GR 335.00 335.00 INC 114050 0212212007 004141 MAINTEX INC Custodial Supplies: City Hall 630.66 Custodial Supplies: Theater 504.53 Custodial Supplies: Old Town 292.05 1,427.24 114051 0212212007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 306.25 TCSD Instructor Earnings 234.50 TCSD Instructor Earnings 224.00 TCSD Instructor Earnings 222.25 TCSD Instructor Earnings 70.00 TCSD Instructor Earnings 42.00 1,099.00 114052 0212212007 001967 MANPOWER TEMPORARY temp help PPE 02104 DC/MGIMP 2,086.00 2,086.00 SERVICES 114053 0212212007 009508 MARQUEZ, LETICIA refund: Ballet Folclorico 15.00 15.00 114054 0212212007 005806 MATTHEWS, CATHERINE J. Street addressing:B1dg & Safety 525.00 525.00 114055 0212212007 007669 MILES, KATRINA TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 210.00 TCSD Instructor Earnings 35.00 560.00 114056 0212212007 001384 MINUTEMAN PRESS business cards: E. Jones 43.37 43.37 114057 0212212007 008820 NEIGHBORS NEWSPAPER Nov advertising:Old Town events 250.00 Dec advertising:Old Town events 250.00 Aug advertising:Old Town events 250.00 Sep advertising:Old Town events 250.00 1,000.00 114058 0212212007 002037 NEXUS INTEGRATION SERVICES Add't Cabling for Library 533.55 Add't Cabling for Library 423.01 Cable installation sIYcs:Clty Hall 393.29 Cable installation sIYcs:City Hall 151.26 1,501.11 114059 0212212007 004512 NINYO & MOORE Dec prof svcs:79S Medians 1,035.50 Dec profsvcs:R.V.Rd.Sidewalk 341.00 1,376.50 114060 0212212007 009337 NOLTE ASSOCIATES INC 12/22/06-1/18/07 svcs:Pech.Pkwy ImplY 825.00 825.00 Page:6 apChkLst Final Check List Page: 7 02/22/2007 4:30:46PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 114061 0212212007 010769 PATTON, JAMES performance 2/9-10/07 theater settlement 1,344.00 1,344.00 114062 0212212007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 220.12 220.12 PROGRAM 114063 0212212007 000249 PETTY CASH Petty Cash Reimbursement 1,244.66 1,244.66 114064 0212212007 007484 PHILIPS MEDICAL SYSTEMS INC AED's: Paramedics 1,592.78 1 ,592.78 114065 0212212007 002412 RICHARDS WATSON & GERSHON Dec 2006 legal services 71,204.11 71,204.11 114066 0212212007 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 672.00 TCSD Instructor Earnings 49.00 TCSD Instructor Earnings 24.50 745.50 114067 0212212007 000353 RIVERSIDE CO AUDITOR Jan '07 parking citation assessments 13,530.50 Nov '06 parking citation assessments 9,249.69 Dec '06 parking citation assessments 9,135.50 31,915.69 114068 0212212007 000271 ROBERT BEIN VVM FROST & Dec prof svcs:Civic Center 50,723.59 50,723.59 ASSOC 114069 0212212007 005119 ROCKHURST UNIV CONTINUING City Admin Assistants' Tmg 2/26/07 1,791.00 EDUC Credit:Pollaklunable to attend 2126 -199.00 1,592.00 114070 0212212007 010759 S P M A, SOUTHERN PACIFIC '07 agency membership dues 60.00 60.00 114071 0212212007 008515 SAM DE FAZIO'S GOODTIME Senior SWing Entertainment 2123/07 400.00 400.00 BAND 114072 0212212007 008470 SAN DIEGO HARBOR Excursion:\l\lhale Watching 3/8107 375.00 375.00 EXCURSION 114073 0212212007 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 114074 0212212007 008779 SCREENMOBILE Res ImplY Prgm: M. Thomsen 586.16 586.16 114075 0212212007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005033893 150.00 150.00 114076 0212212007 004609 SHREDFORCE INC Feb doc shred sIYcs:city hall 110.00 110.00 Page:? apChkLst Final Check List Page: 8 02/22/2007 4:30:46PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 114077 0212212007 010765 SMOKY MOUNTAIN B-B-Q INC refund:security depositfTCC 150.00 150.00 114078 0212212007 000537 SO CALIF EDISON Feb 2-25-393-4681 TES Pool 954.52 Feb 2-28-397-1315 Redhawk Pkwy 13.24 967.76 114079 0212212007 002503 SOUTH COAST AIR QUALITY gen. emissions fees:Roripaugh Fire Stn 90.08 gen. operating fees:Roripaugh Fire Stn 71.64 161.72 114080 0212212007 007851 SOUTH COAST HEATING & AIR HVAC repair:CRC 197.84 HVAC repair:CRC 170.34 368.18 114081 0212212007 005786 SPRINT 12/15 - 1/14/07 phone usage/equipment 8,274.20 8,274.20 114082 0212212007 007273 STUMPS PRINTING COMPANY father/daughter event supplies:TCC 516.18 516.18 INC 114083 0212212007 000305 TARGET BANK BUS CARD SRVCS Hospitality supplies:Theater 10.15 10.15 114084 0212212007 006465 TEMECULA AUTO REPAIR City vehicle repair/maint svcs:Fire Prev 588.58 City vehicle repair/maint svcs:Fire Prev 36.00 624.58 114085 0212212007 000307 TEMECULA TROPHY COMPANY Plaques:Santa's Electric Light Parade 680.93 nameplate:D. York/PW 9.16 nameplate:D. York/Planning 9.16 Award trophies:Electric Light Parade 5.17 704.42 114086 0212212007 010276 TIME WARNER CABLE Feb-Mar high speed internet Theater 169.95 Feb-Mar high speed intemet RR 44.95 Feb-Mar high speed intemet Stn92 44.95 259.85 114087 0212212007 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 49.00 49.00 114088 0212212007 002452 TOP LINE INDUSTRIAL replacement partslsupplies:PW Maint 20.82 20.82 114089 0212212007 006807 VANIR CONSTRUCTION Dec constr mgmt svcs:W.C. Fire Station 32,440.68 32,440.68 114090 0212212007 004261 VERIZON Feb xxx-50n general usage 4,995.81 Feb xxx-7562 irrigation controller 30.95 5,026.76 114091 0212212007 010771 VICTORIA FOWLER TRUST Interim pmtlrelocation expense:Civic Ctr 11,000.00 11,000.00 114092 0212212007 009101 VISION ONE INC Jan Showare ticketing srvcsTheater 952.20 952.20 114093 0212212007 003730 WEST COAST ARBORISTS INC 01/16-31/07 Citywide Tree Maint Svcs 20,600.25 20,600.25 Page:8 apChkLst 02/22/2007 4:30:46PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 114094 0212212007 003835 WEST COAST SAFETY SU PPL Y CO. 114095 0212212007 010764 YOUTH CHAMPIONS RECREATION 114096 0212212007 000348 ZIGLER, GAIL Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Page: 9 Check Total calibration:gas detector in pub wks 658.00 658.00 150.00 421.10 658,266.07 refund:security depositfTCC 150.00 reimbThtr/Gift Giving Campaign supplies reimb:supplies City events 344.16 76.94 Grand total for UNION BANK OF CALIFORNIA: Page:9 apChkLst 02/22/2007 4:30:46PM Final Check List CITY OF TEMECULA Page: 10 106 checks in this report. Grand Total All Checks: 658,266.07 Page:10 I~-- . , II ITEM NO.4 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V ell (J(L., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: March 6, 2007 SUBJECT: City Treasurer's Report as of January 31,2007 PREPARED BY: Rudy Graciano, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: January 31, 2007. 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. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LA IF) reports, Union Bank of California trust and custody statements, and from USBank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of January 31, 2007. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of January 31,2007 City of Temecula, California Portfolio Management Portfolio Summary January 31, 2007 City ctTemecula 43200 6usiness Park D-rve PO 60x9033 Temecula, CA, 92590 (951)694-6430 Reporting period 01/01/2007-01/3112007 Portfolio TEME CP PM (PRF_PM1)SyrnRer<6.4U02a ReportVer.5.00 RunDate:02!28!2007-08:58 City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments January 31, 2007 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 104348013 01-2 COI First American Treasury 09/01/2006 127,357.54 127,357.54 127,357.54 4.660 4.596 4.660 104348008 01-2 IMP First American Treasury 09/01/2006 3,002,990.68 3,002,990.68 3,002,990.68 4.660 4.596 4.660 104348006 01-2 RES A First American Treasury 09/01/2006 447,336.97 447,336.97 447,336.97 4.660 4.596 4.660 104348016 01-2 RES B First American Treasury 09/01/2006 205,927.89 205,927.89 205,927.89 4.660 4.596 4.660 104348000 01-2 SP TAX First American Treasury 09/01/2006 45,605.17 45,605.17 45,605.17 4.660 4.596 4.660 94669911 03-1 ACQ A1 First American Treasury 4,039.57 4,039.57 4,039.57 4.660 4.596 4.660 94669921 03-1 ACQ 81 First American Treasury 14,285.64 14,285.64 14,285.64 4.660 4.596 4.660 94669902 03-1 BOND First American Treasury 0.34 0.34 0.34 5.880 5.799 5.880 94669908 03-1 CAL TR 1 First American Treasury 551,351.75 551,351.75 551,351.75 4.660 4.596 4.660 94669907 03-1 CITY 1 First American Treasury 184,045.65 184,045.65 184,045.65 4.660 4.596 4.660 94669906 03-1 RES A1 First American Treasury 13.70 13.70 13.70 4.670 4.606 4.670 94669916 03-1 RES B First American Treasury 235,557.05 235,557.05 235,557.05 4.660 4.596 4.660 94669900 03-1 SP TAX First American Treasury 100,775.61 100,775.61 100,775.61 4.660 4.596 4.660 793593011 03-2 ACQ First American Treasury 38,930,046.54 38,930,046.54 38,930,046.54 4.660 4.596 4.660 793593003 03-2 CAP I First American Treasury 14,972.54 14,972.54 14,972.54 4.660 4.596 4.660 793593009 03-2 EMWD First American Treasury 1,424,752.25 1,424,752.25 1,424,752.25 4.660 4.596 4.660 793593007 03-2 IMP First American Treasury 1,096,366.42 1,096,366.42 1,096,366.42 4.660 4.596 4.660 793593010 03-2 PW ADM First American Treasury 697,454.95 697,454.95 697,454.95 4.660 4.596 4.660 793593006 03-2 RES First American Treasury 3,614,818.17 3,614,818.17 3,614,818.17 4.660 4.596 4.660 744727011 03-3 ACQ 1 First American Treasury 1,644.47 1,644.47 1,644.47 4.660 4.596 4.660 744727002 03-3 BON D First American Treasury 142.11 142.11 142.11 4.660 4.596 4.660 744727007 03-3 CITY 1 First American Treasury 07/01/2006 38,101.15 38,101.15 38,101.15 4.660 4.596 4.660 744727009 03-3 EMWD 1 First American Treasury 538.51 538.51 538.51 4.660 4.596 4.660 744727006 03-3 RES First American Treasury 4.31 4.31 4.31 4.640 4.576 4.640 94669900 03-3 SP TAX First American Treasury 83,513.95 83,513.95 83,513.95 4.660 4.596 4.660 94686001 03-4 ADM IN First American Treasury 8,201.01 8,201.01 8,201.01 4.660 4.596 4.660 94686005 03-4 PREPMT First American Treasury 34,301.05 34,301.05 34,301.05 4.660 4.596 4.660 94686000 03-4 REDEMP First American Treasury 2,634.36 2,634.36 2,634.36 4.660 4.596 4.660 94686006 03-4 RES First American Treasury 7,485.35 7,485.35 7,485.35 4.660 4.596 4.660 78776002 03-6 BON D First American Treasury 4.16 4.16 4.16 4.570 4.507 4.570 786776007 03-6 1M P First American Treasury 6,539.14 6,539.14 6,539.14 4.660 4.596 4.660 786776006 03-6 RES First American Treasury 344,642.41 344,642.41 344,642.41 4.660 4.596 4.660 786776000 03-6 SP TAX First American Treasury 768.46 768.46 768.46 4.660 4.596 4.660 95453510 88-12 BOND First American Treasury 613.14 613.14 613.14 4.660 4.596 4.660 95453515 88-12 DMR 1 First American Treasury 85,964.67 85,964.67 85,964.67 4.660 4.596 4.660 95453516 88-12 RES 1 First American Treasury 0.01 0.01 0.01 4.660 4.596 4.660 SYSCFD 01-2-1 CFD 01-2-1 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720 SYSCFD 01-2-2 CFD 01-2-2 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720 Portfolio TEME CP Run Date 02/28/2007 -0858 PM (PRF _PM2) SymRept 6.41.202a ReportVer.5.00 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments January 31, 2007 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 01-2-3 CFD 01-2-3 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720 SYSCFD 01-2-4 CFD 01-2-4 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720 SYSCFD 01-2-5 CFD 01-2-5 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720 SYSCFD 01-2-9 CFD 01-2-9 First American Treasury 0.00 0.00 0.00 4.720 4.655 4.720 107886000 RDA 06 A INT First American Treasury 01/29/2007 101,733.63 101,733.63 101,733.63 4.660 4.596 4.660 107886008 RDA 06 CIP A First American Treasury 12/14/2006 161.00 161.00 161.00 4.660 4.596 4.660 107886018 RDA 06 CIP B First American Treasury 12/14/2006 317.17 317.17 317.17 4.660 4.596 4.660 107886009 RDA 06 COI A First American Treasury 12/14/2006 34,622.53 34,622.53 34,622.53 4.660 4.596 4.660 107886019 RDA 06 COI B First American Treasury 12/14/2006 6,115.80 6,115.80 6,115.80 4.660 4.596 4.660 107886016 RDA 06 RES B First American Treasury 12/14/2006 202,577.61 202,577.61 202,577.61 4.660 4.596 4.660 94434160 RDA TABs INT First American Treasury 677,210.98 677,210.98 677,210.98 4.660 4.596 4.660 94432360 TCSD COPs IN First American Treasury 481.82 481.82 481.82 4.660 4.596 4.660 SYSTCSD COPS-2 TCSD COPs-2 First American Treasury 0.00 0.00 0.00 4.090 4.034 4.090 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 12/14/2006 17,478,000.00 17,478,000.00 17,478,000.00 5.156 5.085 5.156 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 12/14/2006 2,773,000.00 2,773,000.00 2,773,000.00 5.156 5.085 5.156 107886006 RDA 06 RES A MBIA Surety Bond 12/14/2006 1.00 1.00 1.00 2.190 2.160 2.190 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 --- Subtotal and Average 72,762,396.33 72,587,019.23 72,587,019.23 72,587,019.23 4.733 4.798 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 09/01/2006 1.00 1.00 1.00 0.000 0.000 793593006-2 02006 Citibank, N.A. 07/01/2006 1.00 1.00 1.00 0.000 0.000 793593006-1 02005 Ohio Savings Bank 07/01/2006 1.00 1.00 1.00 0.000 0.000 --- Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 1,395,313.62 1,395,313.62 1,395,313.62 5.156 5.085 5.156 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,520,946.72 3,520,946.72 3,520,946.72 5.156 5.085 5.156 94669908-1 03-1 CAL TR 2 CA Local Agency Investment Fun 0.00 0.00 0.00 5.156 5.085 5.156 94669907-1 03-1 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 5.156 5.085 5.156 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 8,495,446.62 8,495,446.62 8,495,446.62 5.156 5.085 5.156 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,990,635.32 2,990,635.32 2,990,635.32 5.156 5.085 5.156 744727009-1 03-3 EMWD 2 CA Local Agency Investment Fun 2,352,702.97 2,352,702.97 2,352,702.97 5.156 5.085 5.156 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 1,824,082.34 1,824,082.34 1,824,082.34 5.156 5.085 5.156 SYSCITY CITY CA Local Agency Investment Fun 39,974,223.94 39,952,015.34 39,974,223.94 5.156 5.085 5.156 SYSRDA RDA CA Local Agency Investment Fun 8,110,563.16 8,106,057.15 8,110,563.16 5.156 5.085 5.156 SYSRDA TABS-4 RDA TABs-4 CA Local Agency Investment Fun 0.00 0.00 0.00 5.129 5.059 5.129 SYSTCSD TCSD CA Local Agency Investment Fun 6,338,197.64 6,334,676.31 6,338,197.64 5.156 5.085 5.156 Portfolio TEME CP Run Date 02/28/2007 -0858 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Page 4 Portfolio Details - Investments January 31, 2007 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds 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 67,631,168.11 75,002,112.33 74,971,876.39 75,002,112.33 5.085 5.156 Federal Agency Callable Securities 31331VSQ5 01054 Federal Farm Credit Bank 10103/2006 2,000,000.00 1,997,500.00 2,000,000.00 5.250 5.178 5.250 792 04/0312009 31331V6R2 01055 Federal Farm Credit Bank 10104/2006 1,450,000.00 1,447,288.50 1,450,000.00 5.250 5.178 5.250 1,341 1010412010 31331XBC5 01056 Federal Farm Credit Bank 10/19/2006 2,000,000.00 1,995,620.00 2,000,000.00 5.500 5.425 5.500 1,721 10/1912011 31331XCZ3 01057 Federal Farm Credit Bank 11/13/2006 1,000,000.00 996,250.00 1,000,000.00 5.250 5.178 5.250 1,016 11/13/2009 31331XMA7 01058 Federal Farm Credit Bank 01/18/2007 2,000,000.00 1,990,000.00 2,000,000.00 5.400 5.326 5.400 1,812 01/18/2012 3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 2,989,945.50 3,050,000.00 3.100 3.058 3.101 341 01/08/2008 3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,903,861.70 2,965,000.00 3.000 2.960 3.001 340 01/07/2008 3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,940,000.00 3,000,000.00 3.000 2.960 3.001 330 12/28/2007 3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 980,000.00 1,000,000.00 3.000 2.960 3.001 330 12/28/2007 3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 980,310.00 1,000,000.00 3.150 3.108 3.151 347 01/14/2008 3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,959,380.00 2,000,000.00 3.070 3.029 3.071 348 01/15/2008 3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 980,000.00 1,000,000.00 3.125 3.083 3.126 349 01/16/2008 3133X50F8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,957,500.00 2,000,000.00 3.000 2.960 3.001 355 01/22/2008 3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,966,260.00 2,000,000.00 3.520 3.473 3.521 363 01/30/2008 3133XAY84 01026 Federal Home Loan Bank 03/23/2005 1,000,000.00 997,810.00 999,750.00 3.850 3.810 3.863 50 03123/2007 3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,983,140.00 2,997,360.00 4.250 4.238 4.296 188 08108/2007 3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 954,604.80 960,000.00 4.380 4.320 4.380 225 09/14/2007 3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,976,570.00 2,998,125.00 4.375 4.347 4.407 323 12/21/2007 3133XD302 01035 Federal Home Loan Bank 09/28/2005 620,000.00 616,317.20 620,000.00 4.400 4.340 4.400 239 09/28/2007 3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,981,880.00 2,000,000.00 4.500 4.438 4.500 421 03128/2008 3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 990,630.00 1,000,000.00 4.230 4.174 4.232 330 12/28/2007 3133XD6D8 01039 Federal Home Loan Bank 09/29/2005 1,000,000.00 995,310.00 1,000,000.00 4.140 4.086 4.143 148 06129/2007 3133XDB67 01046 Federal Home Loan Bank 10/12/2005 1,000,000.00 997,500.00 999,375.00 4.150 4.136 4.193 70 04/12/2007 3133XDK03 01047 Federal Home Loan Bank 11/09/2005 1,000,000.00 999,690.00 1,000,000.00 4.500 4.443 4.505 8 02/09/2007 3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 992,360.00 998,000.00 3.750 3.784 3.837 183 08103/2007 3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 991,340.00 1,000,000.00 4.050 3.993 4.048 235 09/24/2007 3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 993,570.00 1,000,000.00 4.375 4.315 4.375 259 10/18/2007 3136F6M63 01028 Federal National Mtg Assn 04/05/2005 1,000,000.00 997,810.00 1,000,000.00 4.000 3.945 4.000 63 04/05/2007 --- Subtotal and Average 45,392,448.71 45,045,000.00 44,552,447.70 45,037,610.00 3.946 4.001 486 Treasury Coupon Securities 9545315-2 02004 U.S. Treasury 03/14/2006 725,000.00 711,635.66 711,635.66 3.750 4.586 4.650 469 05115/2008 912795ZS3 02009 U.S. Treasury 01/29/2007 100,000.00 97,597.00 97,597.00 4.860 9.891 10.028 175 07/26/2007 --- Subtotal and Average 796,668.98 825,000.00 809,232.66 809,232.66 5.226 5.299 434 Portfolio TEME CP Run Date 02/28/2007 -0858 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments January 31, 2007 Page 5 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 Bullet Securities 31331 SYN7 01031 Federal Farm Credit Bank 06/01/2005 1,000,000.00 995,000.00 1,000,000.00 3.820 3.768 3.820 120 06/0112007 31331 S5Y5 01037 Federal Farm Credit Bank 09/16/2005 1,000,000.00 997,190.00 1,000,000.00 4.000 3.947 4.002 74 04/1612007 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 997,810.00 1,000,000.00 5.000 4.933 5.002 1,210 OS/2612010 3133XJRX8 01060 Federal Home Loan Bank 01130/2007 1,000,000.00 999,690.00 1,000,000.00 5.250 5.189 5.261 302 11/3012007 --- Subtotal and Average 2,258,064.52 4,000,000.00 3,989,690.00 4,000,000.00 4.459 4.521 427 Investment Contracts 94669906-1 03-1 RES A2 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,708 08/31/2033 744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 10,073 08/31/2034 9545315-1 88-12 DMR 2 IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,865 09/01/2017 95453516-1 88-12RES2 IXIS Funding Corp 07/24/1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 3,865 09/01/2017 --- Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,522 Total and Average 197,875,335.68 202,525,623.32 201,976,757.74 202,502,465.98 4.674 4.739 307 Run Date 02/28/2007 -0858 Portfolio TEME CP PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Page 6 Portfolio Details - Cash January 31, 2007 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 CO Bank of Sacramento 08/07/2006 0.00 0.00 0.00 1.250 1.233 1.250 SYSBARNHART1 BARNHART 1 California Bank & Trust 653,852.55 653,852.55 653,852.55 3.200 3.156 3.200 SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 607,875.50 607,875.50 607,875.50 1.250 1.233 1.250 SYSRIV CONST 1 RIV CONST 1 Community National Bank 0.00 0.00 0.00 3.000 2.959 3.000 PREMIER BANK PREM IER BAN K PREMIER BANK 08/18/2006 269,924.91 269,924.91 269,924.91 4.250 4.192 4.250 PFF BANK & TRUS PFF BAN K PFF BANK & TRUST 11/13/2006 129,030.49 129,030.49 129,030.49 1.736 1.712 1.736 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2006 2,710.00 2,710.00 2,710.00 0.000 0.000 SYSFlex Ck Acct Flex Ck Acct Union Bank of California 07/01/2006 9,911.53 9,911.53 9,911.53 0.000 0.000 SYSGen Ck Acct Gen CkAcct Union Bank of California 07/01/2006 7,414,563.18 7,414,563.18 7,414,563.18 0.000 0.000 OLD TOWN CK ACC OLD TOWN CHK Union Bank of California 07/01/2006 45,435.12 45,435.12 45,435.12 0.000 0.000 SYSParking Ck Parking Ck Union Bank of California 07/01/2006 27,946.00 27,946.00 27,946.00 0.000 0.000 Average Balance 0.00 Total Cash and Investmentss 197,875,335.68 211,686,872.60 211,138,007.02 211,663,715.26 4.674 4.739 307 Run Date 02/28/2007 -0858 Portfolio TEME CP PM (PRF _PM2) SymRept 6.41.202a Cash and Investments Report CITY OF TEMECULA Through January 31, 2007 001 GENERAL FUND 100 STATE GAS TAX FUND 101 STATE TRANSPORTATION FUND 120 DEVELOPMENT IMPACT FUND 150 AB 2766 FUND 165 RDADEVLOW/MOD200/0 SET ASIDE 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL "D" REFUSEIRECYCLING 195 TCSD SERVICE LEVEL "R" STREETIROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECT FUND 261 CFD 88-12 ADMIN EXPENSE FUND 272 CFD 01-2 HARVESTON A&B IMPROVEMENT FUND 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 277 CFD-RORIPAUGH 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA 2002 TABS DEBT SERVICE 390 TCSD 2001 COP'S DEBT SERVICE 460 CFD 88-12 DEBT SERVICE FUND 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD- RORIPAUGH Fund Total 50,389,144.91 291,347.71 994,813.01 10,182,906.82 352,569.54 11,342,320.56 4,145,300.61 1,732,016.79 141,428.86 75,078.75 2,431,565.04 37,151.66 307,992.48 621,731.49 18,050,136.59 89,159.91 3,002,990.68 5,669,982.95 0.04 13,879,069.04 1,830,621.48 41,451,165.21 21,071,482.47 1,449,631.90 481,700.19 731,992.18 266,571.87 145,701.55 3,279,206.77 3,793.41 3,805,938.04 80.06 1,383,321.18 1,800,185.60 226,870.57 3,233,063.84 485,867.28 5,754,1 05.98 Grand Total: 211,138,007.02 I~-- . , II ITEM NO.5 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager 1#'--- ell c:Ic0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: March 6, 2007 SUBJECT: Winchester Road/Route 79 North Corridor Beautification Project - Project No. PW06-15 - Professional Services Agreement for Engineering and Landscape Architectural Design Services PREPARED BY: Amer Attar, Principal Engineer Kavon Haghighi, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve an agreement with RBF Consulting in an amount not to exceed $179,916.00 to provide professional engineering and landscape architectural design services for project No. PW06-15, and authorize the Mayor to execute the agreement. 2. Authorize the City Managerto approve Extra Work Authorizations notto exceed the contingency amount of $17,991.60, which is equal to 10% of the agreement amount. 3. Approve an acceleration in the amount of $38,000.00 from the Fiscal Year 2007- 2008 appropriation to cover the design phase and administrative costs for Fiscal Year 2006-2007. BACKGROUND: The Winchester Road/ State Route 79 North Corridor beautification Project is identified in the City's Capital Improvement Program Budget for FY2006-2011. In this project, existing raised medians on Route 79 North between Ynez Road and Willows Avenue will be enhanced. Improvements in this 3.5-mile reach will include modification of the existing raised medians to increase left turn pocket lengths, landscaping and irrigation of the medians, pavement striping and markings, and adjustments to existing utilities valves and pull boxes. This project will also landscape the 1600 feet of raised median in Caltrans right of way to Willows Avenue since this westerly median spans the City's and Caltrans's jurisdictional limits. Request for Proposal No. 149 to provide professional engineering and landscape architectural services was sent to 8 firms. Staff received 3 proposals from the following firms: RBF Consulting David Evans & Associates Hall & Foreman Inc. Temecula Riverside Temecula The firms were ranked as shown. Staff has determined that RBF Consulting was the highest ranked consultant based on their submitted proposal. RBF Consulting has successfully performed similar projects in the past, including engineering projects for the City of Temecula. In addition, the firm maintains an office in Temecula. Staff has negotiated a scope of work and an equitable fee with RBF Consulting for the professional services. This project will enhance and beautify this major corridor through the City and its northeast entrance. In addition lengthening the left turn pockets will improve traffic movement. FISCAL IMPACT: The Winchester Road/Route 79 North Corridor Beautification Project is a Capital Improvement Program project funded through Capital Project Reserves for the design phase. The design costs in the amount of $179,916.00, plus the 10% contingency amount of $17,991.60 results in a total design cost of $197,907.60. An advance in the amount of $38,000.00 is necessary to cover the design phase and administrative costs for this project during this fiscal year. Construction for this project will be funded through Community Facilities District - Roripaugh and Transportation Enhancement Funds. ATTACHMENTS: 1. Professional Services Agreement for Engineering and Landscape Architectural Services 2. Project Location 3. Project Description ~ ''-' ~ ~ ~ ~ ~ \ u ~ ~ z ~ ~ i ~ ~ ~ i ~ ~\:-' ~~ ~~ 'i;O ~ ~ ~ ~ .. .- e- ll-< .... ~ Ea o Ea ~ .?; ~ <.; ~ ~ i::\ b 1:; ~ ~ z o ~ < u I t:l: o ~ o u ~ o z ~ ... ~ t:l:- r;.1 E-< < E-< <I:l ~ ~ ~ <I:lE-< ~~ ~~ dl :E E-< 'tj '" .~ o .. ~ "Cl !ii s::' o -'" '" OJ) :g oJ g- O '" ] oli s:: 'g- O "'. ] ~ oS .~ "Cl '" ~ !l '" 11 o .s ~ OJ) S '" !ii 'B S " ~ 8~ ]] ._. tr.l '" -~ ..:=: OJ) " oil il '" " "X '" S " E -.g ~ 0 ." o.lJ "' ":E ~~~ dl ~ g E-<,.: .... t:l. ... .~ '" .. .._ u o '" .. '" ~~ ,,; g " ~ '" ~ - - ~ "0 ~ o '" .f!l "s '" p U B "Cl '" ~ ~ 'OJ on ~ o ~ j g <l:1 '€ o z ~ ... "Cl '" ~ " 1;j .... <I:l ~ '" o Jat:l: ~i .....<:: ~ ~ .g ..... Il<~ il '" ....~ 1:l .. "'~ !'E .. '" '" t:l. ;; 0 ~~ .;.: '" o U .... ... '" '0' ...! 1-c ~.~ ~- =,.5 cUI <= ~!~ o .", ~! i ~ u8 o o o on' 00 ('<) N "" '" '" ";~ =~ tl 0 <.... .... .... o = .... = N = .... o ~ = = N ~ = ob = c::> N o o "" 0 =6 ~~ ~ ('f "" l? '&i = = N 000 000 000 o l.tj"..n 00000 N~('<) N N "" "" "" " 00 00 00 to vi' 00 00 --I """" I 15 "+1 g 5L~ ,; -~ ~ vQE-< 00 00 00 NO on 0 NO. ~ 00 00 00 ~l(1" ('<) 00 ~ ('<) ~N "" ""II "" "" II o o 0, ~ N 00 00 ~~ g S -fr ~ ~ ~ , s:: +'" .9 "S e -'--- ." .~ ~ ~'". Q i5 ~ ~ ~ 4-1 en.15 5 ipa;ss o " 4-1 ~ () o. il ~ !ii OJ) o"5'p..<::~ 8&l::"j&Ss "'Ol.o~ l/').~ ~ tE ...... ~ 5 to .g ""uc)~E-< "" 0; .... '" c ~ u.., ~ !3 oCl"'" o'E '" '" .. ... ~ ~ ""'<I:l AGREEMENT FOR PROFESSIONAL ENGINEERING AND LANDSCAPE ARCHITECTURAL DESIGN SERVICES BETWEEN THE CITY OF TEMECULA AND RBF CONSULTING WINCHESTER ROAD/STATE ROUTE 79 NORTH CORRIDOR BEAUTIFICATION PROJECT PROJECT NO. PW06-15 THIS AGREEMENT is made and effective as of March 6, 2007, between the City of Temecula, a municipal corporation ("City") and RBF Consulting ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on March 6, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, 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 in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. . Pursuant to the provisions of Section 1773 of the Labor Code of the State of 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. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. 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. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Seventy Nine Thousand Nine Hundred Sixteen Dollars and No Cents ($179,916.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. R:ICIPIProjectsIPW06-15\AgreementsIRBF Design Agreement B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00) or the amount approved by City Council. 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 5. 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 that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (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:ICIPIProjeclsIPW06-15\AgreemenlsIRBF Design Agreement 8. OWNERSHIP OF DOCUMENTS. A. .Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. A. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incUrred in connection with such defense. B. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of.lhis Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 3 R:ICIPIProjectsIPW06-15\AgreementsIRBF DeSign Agreement 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) 0111850r88. Insurance Services Office Commercial General Liability form No. CG 00 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non- owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $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) property damage. Automobile Liability: $1,000,000 per accident for bodily injury and 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, 4 R:ICIPIProjeclsIPW06-15\AgreementsIRBF Design Agreement occupied or used by the Consultant; or automobiles owned, lea~ed, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. F. Verification of Coveraae. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. . A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 5 R:ICIPIProjectsIPW06-15\Agreements\RBF Design Agreement 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, CalifOrnia 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager RBF Consulting 40810 County Center Drive, #100 Temecula, California 92590 Attention: John Andrew, Project Manager 6 To Consultant: R:\CIPIProjecls\PW06-15\Agreemenls\RBF Design Agreement 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual,' non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to qind Consultant to the performance of its obligations hereunder. 7 R:ICIPIProjectsIPW06-15\AgreementsIRBF Design Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: RBF Consulting 40810 County Center Dr., #100 Temecula, CA 92591 (951) 676-8042 Ernest Woode, Vice President Michael A. Tylman, Vice President [Signatures of Two Corporate Officers Required] 8 R:ICIPIProjeclsIPW06-15\AgreemenlsIRBF Design Agreement EXHIBIT A TASKS TO BE PERFORMED PROFESSIONAL ENGINEERING AND LANDSCAPE ARCHITECTURAL DESIGN SERVICES WINCHESTER ROAD/STATE ROUTE 79 NORTH CORRIDOR BEAUTIFICATION PROJECT PROJECT NO. PW06-15 9 R:ICIPIProjectsIPW06-15\AgreementsIRBF Design Agreement ~ .. PROPOSAL FOR THE CITY OF TEMECULA Professional Engineering and 'i'a'n'd's~c'a'p;--D~slg-n';s'e'~~ices Winchester Road Beautification Project . SCOPE OF WORK A detailed scope of work is included outlining the various specific tasks and work efforts required to successfully execute this project and complete the design within the timeframe desired by the City. All preliminary and final engineering work will be performed in accordance with the provisions of the latest edition of the Standard Specifications for Public Works Construction and the City ofT emecula Standard Plans. The limits of work are from the Winchester RoadlYnez Road intersection northerly to the Winchester Road/Willows Avenue. PHASE 1- PRELIMINARY ENGINEERING Task 1.01 . Research/Investigation/Base Data Review: Consultant shall research and review relevant documents including, but not limited to, topo maps, boundary and right-of-way documents provided by the City, previous project record drawings, utility plans, and other records, including any available Project Reports, Project Study Reports, and other available preliminary engineering reports. Consultant shall conduct a comprehensive field review and compile a photograph log. Deliverables . Research, Investigation and Base Data Review Task 1.02 - Base Mapping and Supplemental Design Surveys: Consultant shall prepare base maps for the project site based on topo provided ,by the City. In addition, Consultant shall provide supplemental design surveying to facilitate the preparation of the design documents and shall submit all design survey calculations and notes to the City if requested. This supplemental design survey will augment the aerial design topographic map information provided by the City. Consultant shall perform typical topographic roadway cross sections at appropriate intervals specific to the project. The roadway cross sections will include finish surface, gutter lip, flow line, top of curb, grade breaks, and slope elevations. Additionally, existing surface culture, above ground utility appurtenances, 'and other roadway features will be obtained including manholes, major signs, power poles, culverts, headwalls, catch basins, retaining walls, and cross gutters. A detailed survey will be conducted at intersections where modifications are required. The basis of horizontal control shall be North American Datum 1983 as published by the County of Riverside unless otherwise requested. The basis of vertical control shall be North Amllrica Vertical Datum of 1929 as published by the County of Riverside unless otherwise requested. ,.".'~';':"\'.\'i.':::'W:'\,~ ",~",,'''''''J>>.''''''~'''''''''''''''''''''' ~ CONSULTING ~ .. PROPOSAL FOR THE CITY OF TEMECULA . , '01.1..". '''''''''''''''"".""".",~....",,",,,LW''~ ~~;;1JJJ.Z'KL{ii!c~"::" ,'.', Professional Engineering and Landscape Design Services Winchester Road Beautification Project Traffic control shall be provided in accordance with the MUTCD Manual for City street surveys and the Caltrans Standard Plans for any lane or shoulder closures that will be required to collect supplemental survey data along the state highways. The Consultant shall data process all topography in AutoCAD 2000 or 2002 format. Oeliverables . Design Surveys Task 1.03 . Utility Coordination: Consultant shall request utility information from utility companies within the project limits concurrent with commencement of design. Consultant shall forward preliminary concept plans to utility companies throughout the design development for their use in planning relocations, if applicable. Prior to project bidding, Consultant shall transmit notice to relocate (on City letterhead) and approved project plans to affected utility companies requesting relocation. Consultant shall also maintain comprehensive project utility correspondence files by utility company. Consultant shall identify and coordinate with the affected utility companies responsible for the design of relocated facilities, if applicable. Consultant shall submit first, second, and final plans to the utility companies for their review and shall request Utility Relocation Plans from the utility company, if applicable. If utilities are required to be relocated, the City will provide the prior rights determination for the affected utility. Consultant shall review Utility Relocation Plans, if applicable, received from the utility companies for conformance to project needs. Consultant will coordinate with utility companies for new service point connections for new irrigation facilities. Preparation of any plan required to extend utility services to the designated service point connection is assumed to be provided by the utility company. Oeliverables . Utility Coordination PHASE 11- FINAL ENGINEERING Task 2.01 . Roadway and Landscape Plans - Final PS&E: All plan types shall be completed in conformance with the latest available design, drafting, policy and procedure manuals of the City of Temecula. Plans will be submitted at the 30%, 70%, and 100% completion levels. The following is a general listing of plan sheets with corresponding English scale for a typical PS&E submittal: ';;':';'.'g:,~,'J"v;fi.'~~-,:.:~' ~ 2 CONSULTING ~ ,., PROPOSAL FOR THE CITY OF TEMECULA . _"",,,,-i"''''Y''''''-':'-'-':-''''' Professional Engineering and i'an'd's'c'a"p;o~slgn'~S'ervlces Winchester Road Beautification Project Task Plan English Scale 2.01.01 Tille Sheet Varies 12.01.02 General Notes/Construction Notes Varies 12.01.03 Typical Cross Sections Varies 12.01.04 I Construction Details Varies 12.01.05 I Plan and Profile Sheets 1"=40' 12.01.06 I Construction Stage and Traffic Handling 1"=40' 12.01.07 I Signing and Striping Plans 1"=40' 12.01.08 I Landscape and Irrigation Plans 1"=20' Note that the professional fees established for the various types of plans are based on the following: . All plan types for all phases will be prepared in City of T emecula plan format on City of T emecula plan sheets. . Existing utilities will be shown on the plans per information obtained through existing as-built/record drawings as provided by the utility companies, the City of Temecula, Caltrans, and field survey data. · The landscape design for Winchester Road will be prepared based on input received from representatives from the City of T emecula's Beautification Committee, public works staff and from the T emecula Community Services District staff. It is assumed the landscape design will consist of decorative pavement treatments, street trees, shrubs, ground covers and related landscape feature. In addition, it is assumed that the design will not include elaborate architectural features and the design of the features is excluded from this scope of work. · Landscape and Irrigation Plans will be developed per the T emecula Community Service District and Rancho California Water District standards. Task 2,02 - Preparation of An Erosi.on and Sediment Control Plan: An Erosion and Sediment Control Plan will be developed for use on the construction site. The plans will depict typical construction BMP's and site specific layouts of water quality features associated with construction activities within the deScribe project area. Updates to the Erosion and Sediment Control Plan may be undertaken by RBF for use during construction on an extra work basis at the request of the client. Oeliverables . Erosion and Sediment Control Plans ;:,':!,',:.y/,:,j'ji:/Hr;/lI!P. ,..~",,-,,,,,.....Wlilll,,"",,,,,,,,,'''''J,,,,,",',''J,,.., '" , ~ 3 CONSULTING ~ .. PROPOSAL FOR THE CITY OF TEMECULA . ==l!!J.'~''''-',\';'",:",''''',... Professional Engineering and La'n"cl"scape Des-ign""s~'rv'l~es Winchester Road Beautification Project Task 2.03 - Final Cost Estimate: Consultant will prepare a final cost estimate based on the final plans and approved design. The final cost estimate will be based on recent City of Temecula bid projects and other relevant and comparable projects. The costs will update the preliminary cost estimate developed for this project and be verified with recent construction trends and economic markets regarding material costs and raw material price escalations. Deliverables . Final Cost Estimate Task 2.04 . Technical Specifications: Consultant shall prepare Technical Specifications per "Green book" format and provide to the City. The City will incorporate the Technical Specifications into the City's "broiler plate" contract forms, general conditions, and provisions and prepare the final project specifications and bid documents. The Technical Specifications shall be prepared in a format compatible with the City "broiler plate". Deliverables . Technical Specifications Task 2.05 . City Plan Check/Approvals/Permits: Process the completed plans for the purpose of securing appropriate City of Temecula approvals and permits. Submittals to agencies will include all plans and required backup data for review. Consultant will draft a response to all agency comments at one time. Consultant will then prepare final dispositions for each review comment for submittal to the Agencies. Consultant will make revisions to PS&E following plan check for second plan check submittal and provide final revised quantity take-offs and cost estimates. When revisions have been made, Consultant will obtain signatures, approvals, and permits and provide the requested number of stamped plans to the City. Deliverables . Comment Disposition and Final Approved Plans, Approvals, and Permits Task 2.06 . Project Meetings: Consultant shall attend project meetings with the City to discuss work progress, schedule and related issues in order to exchange information, discuss and resolve issues and to maintain progress of the project. Consultant shall prepare an action item matrix, agendas and distribute to the City and other attendees or organizations as required. Consultant shall also prepare and distribute phone logs and other pertinent documents as appropriate. The level of effort for this task is based on attendance at a maximum of six meetings. Deliverables · Attendance at Project Meetings . Meeting Minutes . Phone Logs ,.., "lil,'.',','."7,'/},\'I},\\'II,,,..),,,,...c," ..."."u"".....,~'''",,',,,,',,',,' ~ 4 CONSULTINt:i ~ . PROPOSAL FOR THE CITY OF TEMECULA . ,','""',,,," .""......"',,_''''''''''.~".,,~.~"'',., '!1'.i.({':',:',:.'::,"';-'-' Professional Engineering and Landscape Design Services Winchester Road Beautification Project Task 2.07 - Project Management and Coordination: Consultant shall supervise, coordinate, monitor and review design for conformance with City standards, policies and procedures. Consultant shall coordinate with the City to facilitate project delivery. Management support shall be provided to support resolution of project design scope and scheduling. Oeliverables . Project Management and Coordination Task 2.08 - Reimbursables - Expenses Reproduction Services, Computer Services and Other Expenses: Consultant shall provide all reproduction services, computer expenses and other related expenses for the project. This includes all reprographics and photocopying for submittals, all photocopying for progress plots, quality control check plots, in-house reproductions and digital submission costs. The submittals will include the following: 30% Submittal delivered to the City: . Five (5) sets of plans plotted on 24" x 36" sheets 70% Submittal delivered to the City: . Five (5) sets of plans plotted on 24" x 36" sheets . Five (5) sets of Preliminary Cost Estimates 100% (Final) Submittal delivered to the City: . Five (5) sets of plans plotted on 24" x 36" sheets . Five (5) sets of Specifications . Five (5) sets of Final Cost Estimates . One (1) set of original plans plotted on 24" x 36" bond . One (1) set of original plans plotted on 24" x 36" mylars . One (1) Electronic Submittal Package consisting of a compact disk (CD) with all deliverable files (plan sheets) copied onto the CD in AutoCAD 2000 format with all reference master files copied directly into the deliverable file. The files will contain all pertinent horizontal and vertical alignment information and all design details. Task 3.01 - NEPA Environmental Processing (Optional Task) RBF will prepare technical studies in accordance with the latest format/content requirements of Caltrans .as a part of the formal Federal Highway Administration (FHWA) and National Environmental Protection Act (NEPA) review and approval process. This work effort is to facilitate the City's federal reimbursement through FHWA via Caltrans 08 and their Local Assistance Department. """:';i.',',W,j'iN,:~lRi{jllfIMNI1/1i1J ~ 5 CQNBULTINI3 ~ .. PROPOSAL FOR THE CITY OF TEMECULA . , "" .,."." ",,,,,,,,,,,..,,,,,,,w..,,",,, "ifIJf:lI!3111]1f!1!ifB[:).'!?!if"2::-:';:.',:~;'".', Professional Engineering and Landscape Design Services Winchester Road Beautification Project The following technical studies will be prepared: . Preliminary Environmental Study (PES) Form . Initial Site Assessment (ISA) . Acoustical Screening Assessment . Natural Environmental Study-Minimal Impact (NES-MI) . Air Quality Screening . Categorical Exclusion (NEPA Compliance) This project is also required to comply with the California Environmental Quality Act (CEQA), and it is assumed that CEQA compliance can be achieved through a Categorical Exemption with the City acting as the Lead Agency. This CE process for CEQA is an administrative action that the City will prepare and process independently of the NEPA process. The City shall provide copies of the CEQA documentation to RBF for reference in preparing the required NEPA technical studies and approvals. Task 3.02 - Development of SWPPP (Optional Task) A Storm Water Pollution Preveniion Plan (SWPPP) document will be developed for use on the construction site. The document will include construction activities within describe project area. The SWPPP will reflect the requirements of the State General Construction permit (General Permit) and applicable amendments and CASCQA. The SWPPP is in Microsoft Word@ format, and updated periodically to reflect changes in enforcement, regulatory trends or amendments to the General Permit by the State Board as deemed appropriate by RBF Consulting. The preparation of the SWPPP also includes the preparation of a Notice of Intent and filling with the State Water Resources Control Board. Payment of the annual fees for the NOI is excluded from the estimate. Updates may be undertaken by RBF on an extra work basis at the request of the client. SCOPE ASSUMPTIONS: General 1. The Consultant understands the City ~as a topographic map for the project site that was created in February 2006. The topo is in AutoCAD format and includes :ttwo foot contours and includes the City boundary. The City will provide the Consultant with an electronic copy of this topo City boundary, and right-of-way for Winchester Road. 2. The preparation of a preliminary landscape concept plan is not included in this Scope ~~ . 3. Drainage reports, drainage and hydraulic studies, the design of storm drain facilities, and the preparation of final plans for storm drain facilities is excluded from this Scope of Work. 4. It is assumed that Resource Agency permits (i.e., 404, 1601, etc.) have been previously obtained by the City; therefore, fees for procuring these types of permits have not been included in this scope of work. 5. No new traffic signals are assumed for this work. ,,' .{...'",:,'jfl,\;'kJlI/'~~,.. .."""" ~""".wJ,J,.,~,~...~,,,,.,.,',,J, "",."", " ." , , ~ 6 CONSULTING ~ .- 6. PROPOSAL FOR THE CITY OF TEMECULA . Professl ona I Engineeri n9 a nel "La'n'd's.c'au.<pe"'D~s'i'g"~'lis:~;;i'ces Winchester Road Beautification Project 7. 8. 9. 10. 11. 12. Structural BMP facilities are not anticipated for the project. If facilities are necessary to satisfy environmental mitigation measures, an additional scope and fee will be determined. If required, catch basin inserts will be specified in the technical specifications as installed per manufacturer's recommendations. It is assumed the City will provide the length of associated turn lanes and pockets. No Intelligent Transportation Systems (ITS) components are included. Phase II hazardous waste assessments are not included in this scope of work. A Noise Report/Analysis is not anticipated for this project. All Cooperative Agreements or Amendments will be prepared by the City. This scope of work does not include any specialty environmental mitigation measures such as soundwalls, fences, berms, or any off-site landscape modifications. Any specialty mitigation measures requiring implementation as a result of the approved environmental document will be negotiated separately with the City. The City has prepared and submitted applications for environmental clearance. The City will process the project for any Caltrans Encroachment Permits. 13. 14. Geotechnical 15. Geotechnical investigation will not be conducted as a part of this Scope of Work. The structural sections and base requirements will be based on structural sections and base requirements utilized for previous roadway improvements, as-built and record drawing information, and recent Winchester Road improvements. j 6. Remedial mitigation plans for any removal of hazardous waste are not included in this scope of work. 17. Drumming and testing of soil cuttings will not be required. 18. No samples will be tested for lead and a Lead Investigation Report will not be required. 19. Hazardous materials or waste handling during geotechnical explorations is not included in the geotechnical fees. The City will be notified immediately if hazardous materials or waste are encountered during the field investigation. Right-Of-Way 20. No right-of-way acquisition including temporary construction easements is assumed as required for this work, thus no appraisal or acquisition support or preparation of legal descriptions or exhibits is assumed for this scope of work. Utilities 21. Since no utility relocations are assumed for this work, preparation of legal descriptions and exhibits for new or revised utility easements is not included in this scope-of-work. 22. No utility potholes, pothole location diagrams, or pothole regimen is assumed to be required for this scope of work. Any subsequent pothole efforts will be negotiated separately with the City. . """",:",'ii,,'fi!JIJ;!N<,{ff1~'I1JiI1iIi_, ,",~""'''''''',""""",,,'',,",,J,,,,..,.,, ~ 7 CONSULTING EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:ICIPIProjectsIPW06-15IAgreementsIRBF Design Agreement ~ CONSULTING DESCRiPilON 2.01.01 2.01.02 2.01.03 2.01.04 2.01.05 2.0Hl6 2.01.07 2.01.06 TilleSheel General Noll'!!l/GQ~s\rurtlno "l"'a~ Typ~calCrossSeclions Construction DetaITs PJan and Profile Sheels Conslruction SlE!qe ancl Traflie Handtino S!'lni'!9andstr1plr!Q.Plans LandscaoeandlrrillationPlans I 2.02 2.03 2.04 2.05 2.06 2.Q1 I I , ITOTAL PROFEssioNAL SERVICES ;2.06 1_ IRelmbursablaS-Exoenses ITOTAL CoST I IOotlor ,1 Tasks h." I I PreJlaration Of an ErosIOn and Sediment conlrol Plan FlnaiCostEstimate Technlcal~~lfIcations C!.tiPlanCheckff.DDrovalsIPermtts Pro!ectMeetill9s proieCl ManaaemenlAnd coorClinaliOn Nl::I-'AI=l1v1ronmemall-'roc:essIIlQ 3.01.01 3.01.02 3.01.03 3.01.04 3.01.05 3.01.06 3.01.07 Prelimlnl~1)' Environmenlal study (PES) Form Ilnitial site ASsessment rlSAl Acousllcal 5creenln<1 Assessmenl Natural Environme'nt stl!~:Minimf!!..!m.l:'act fNE8-MIl Historic Prooerty Survev Rellort tHPSR\ A1rQual.i!VsCreeni11.1! cateOOrlesl ExChlSion INEPACOmDliance) DeveloDmenl of storm WalerPollution Prevention Plan (SWPPPl o.\dooumentsandsettings1ja\desklop1laskanalysismorevisl0/1S03.x1s TASKlHOUR BREAKDOWN CITY OF TEMECULA WINCHESTER ROAD BEAUTIFICATION PROJECT NO. PW06-15 NO, OF PRINCIPALlPROJECT SHEETS DIRECTOR $205 per hour Shts HOUI'$ __ _~__ ~J 2) 21 1:1 5 " , $0'1 "I " "I " "-I " "I ,,-, $410' $820 " $1,640 " I _ ___:TASK , I ~Phase I - PrellmlnarvEnlllneerfnll fl'01 IResearcrlllnvest~9allOnIBaSe Data Review 1,02 Ba~<l M!,opln'!.. and Su'mlemental DeSi"n Survevs 1.UJ LftilltvCoordJnation I IPhasell.FlnaIE',!Ilneerinn ~2.01 ::ilreel lmprovernent Plans I , , I I , , I I I I I I h.02 , , - - !TOTALOPTIQ!'lAL SERVIC~________ 641 H-t-z,870I I I li<tL__-_~_-$-2,87ol _ __ -----.J _ , , " " " I $0<1 SO"I SO'I SO'I SO"I $0'1 "I "I - I PROJECTIFUNCIIONAL MANAGER $160 per hour PR< EN' , HOul'$ HOUrs: , 1 J :J 2 $3201 ..., $320 2 $320 4 $640 8 $1.280 8 S1.280 16 $2,560 18 n880-1 81 S1.2801 181 52.8801 , I 81 $1.2801 21 S3201 81 $1.2801 41 $6401 161 $2.5601 401 $6,4001 I I 168JS26,8801 _I 1 1681S26.8801 2- $320 4 $640 2 $320 8 S1.2801 16 S2.560j 41 $6401 21 $3201 , 81 S1.2801 I I I I 461$ 7.3601 ~ CITY OF TEn Winchester Road Seal Preliminary Proje CDNSULTING January 24 I j2ndg ID Task Name Duration Start Finish Feb I Mar A~ I 1 Notice-to-Proceed o days Thu 3/1107 Thu 3/1107 +-Notlce-to-Proc I 2 I PHASE 1- PRELIMINARY ENGINEERING 120 days Thu 3/1/07 Wed 8/15/07 .. I 3 I ResearchflnvestigationlBase Data Review 30 days Thu 3/1/07 Wed 4/11/07 I 4 I Base Mapping and Supplemental Design Surveys 30 days Thu 3/1/07 Wed 4/11/07 I 5 I Utility Coordination 120 days Thu 3/1/07 Wed 8/15/07 I 6 PHASE II - Final Engineering 120 days Thu 4/12/07 Wed 9/26/07 .. I 7 Roadway Design Plans - Final PS&E 120 days Thu 4/12/07 Wed 9/26/07 . I 8 I City Plan Check/Approvals/Permils 70 days Wed 5/23/07 Tue 8/28/07 I 9 Submit 30% Plans o days Thu 5/24/07 Thu 5/24107 I 10 City Review 15 days Wed 5/23/07 Tue 6/12/07 I 11 Revise 30% Plans 10 days Wed 6/13/07 Tue 6/26/07 I 12 Submit 70% PS&E o days Wed 6/27/07 Wed 6/27/07 I 13 City Review 15 days Wed 6/27/07 Tue 7/17/07 I 14 Revise 70% PS&E 10 days Wed 7/18/07 Tue 7/31/07 I 15 Submit Final PS&E o days Wed 8/1/07 Wed 8/1/07 I 16 City Review 10 days Wed 8/1/07 Tue 8/14/07 I 17 Revise Final PS&E and Obtain Final City Approval 10 days Wed 8/15/07 Tue 8/28/07 I 18 Submit Final PS&E for Bid o days Tue 8/28/07 Tue 8/28/07 Task Progress Summary Project Summary ,~.l.~.ii.id .... Spill I Winchesler Road SCHEDULE_01-24-07.mpp Milestone . I~-- . , II ITEM NO.6 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager JM.~ /J/2 CJa...- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: March 6, 2007 SUBJECT: Tract Map No. 32113, Located on the north side of Remington Avenue approximately 1130 feet southwest of Diaz Road. PREPARED BY: Kendra Hannah, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 32113 in conformance with Conditions of Approval. BACKGROUND: Tract Map No. 32113 is a one (1) lot commercial subdivision for condominium purposes located on the north side of Remington Avenue approximately 1,130 feet southwest of Diaz Road. On January 19, 2005, the City of Temecula Planning Commission approved Tentative Tract Map 32113, with the appropriate Conditions of Approval. The Developer, California Business Condos Remington, LLC, a California Limited Liability Company has met all of the Conditions of Approval. There are no bonds or agreements required since all street improvements are completed and all monuments have been set. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State law. FISCAL IMPACT: None ATTACHMENTS: 1) Development Fee Checklist 2) Fees & Securities Report for Tract Map No. 32113 3) Project Vicinity Map 4) Tract Map No. 32113 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 32113 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid. This fee is due prior to issuance of a grading permit. Development Impact Fee Not Paid. This fee will be collected prior to issuance of building permits. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 32113 DATE: March 6, 2007 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 0.00 $ 0.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 0.00 $ 0.00 Monumentation $ 0.00 DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 588.00 Fire Fee $ 215.00 TCSD Fee $ 1,022.00 Plan Check Fee $ 2307.00 Monumentation Inspection Fee $ 287.00 Fees Paid to Date $ 4419.00 Balance of Fees Due $ 0.00 *To Be Determined ... j ~ " . ., a I~ .... ~~ 0 ~ iq i ~ ~ ~ III , III ~o ffi ,..o.~ Q <II ~!<.l:i ~ ~I~" ~ ~~~;g~ N !s - 1 1 ~ IS i ::~~d gviiB f")~::)Z ~ ~ ~~~~ j f;I.~ ~~;~ ~ "" "'l..L.-W ",ll..oa:=t- iid~l:igl:;~ Iho "71 ::~~" ~ wOoJ: ~ ~~~~ L.... l.L.-~Z L"" ..,.. o~8 ~ r, ] zl..L.Q:: ~"""" J ~6:g~ I j i~~~ ~(/)>-:Z(3 .:em"'..... z~o ~~f;j~ ~~~~ ",a.", " IS B ! ~ ~ . ~ ~~ . ~ Ei~ E!",,::l _ i!I~ ~~;;; ~ai ~a ~...;! Ul~ ~iii: ~~ ~~ '!'jg~ ...;r ~g ~Q08 ~~ f:i~ ~~lii! ~"" ~. ~:~ ii~ ':.8 ~~E Un m i1w"'~ zr~ F~ 5g~ :~~ ~~ ~ffi~ ~~3 O'~ SOlI:! ~~~ I- ....~ ....~~ =:~8 ~ ~~ ~~~ tG~ ~ ~Bl 3:~ ~~1l ~ii~ Q~'" ~~ ,~~ o~" ,,; :5:'" "'15m f::ic$l III llil!: aILa: !C~o 0 S z~ c~~ ~ffi~ Z '" ~~ ~~~ ~~~~ 1'5 ~ llllJ ~~B ~;~~ q: 2 j2~ f;1~~ ~'"'i5tj >- '< ~...Q ~I!!~ li~~~ ~ 13 ~'I" R~~ ~."i3 '" in ~l!la :llll:a <<E:~u 2: . , o ~ ~ ~ ;; " o ~ > ~ .. .~ ~~ ~. ri! i~ ~ 15 ffi ~ !2 ~ ~ allii ~ .oilii ~ ~ 1l 10 o ~ >= ~ ~ J i tJ ~ I ;: . c!2 ~~ .. ~~.~~~ .... !ii~. ~i<l::O "" <II~'" ~_ ~:!:~31!C~ ~ ..: El~ <!!!~~F~ ~~l~ ~~ ~:~;Ii ~~Q~ s~ ~~e8",;g -~~~ 3~ ~~~~~fi! ~!l!g~ >- 0< ..% _... ~ iuz z <II Iii", ...J "l'" o":~::;ii!< ......t=..., 3'" ~......ii1lz F~i=~ ...~ l:19~~;o!2 ~~~t;; ~;~~;~ J:F<1ii:i!' III ai:a~<1II og~g;;; ~!!:!:Z f!!iS~oli~ ......II.~i ~~e a!!Z!~1!! .... ~~g~2 gj!i! ::~tJ<~ :z ~f~<' ". ".z,,,. LiJ ~~i1igi= it:liS ~~~ 8~ ~ ~e~i~ g~i5 ~~!l!~~g :< FiilZ i5 1!!iil:!21!! ~"';!iil j...;: ....S'1!~.... ~~!lf ti~%~~l!5 tI) E:5iffioF g...o g~BP="'ffi tI) ...~...::~ ~!~ ~;fil!i~F ~ lii!:i!~~!i 1!l...1I. 19<-......z .... ",'" i!i 15z;~ ffiz~~B~~z9~ ~ ~~~u~ F U o thiiUlili !l!E< W i...~~ " ~...~ ..' '.- '0' ", ~aa ;~~ ~~~ . o 0 g~~ ."~ f~~ ~l~ ~~~ !!!~~ o~.. ~"'13~ ~~~: ~...iil'" "'0<1;; !!"ri-< ~...~~ ffi~~. ~3:5i!i ::>~...~ ~...ItI~ .... ",Fai!! ~ =Fli!'" ~ (II....j!: ~ "'~F;;j b"~ i! l!l:li<':l en s:iHUil .Y1 "'i!i~~ Q:: ~u;;:; "'~ ~;!~~ '~"e ~~~~ ~ ~ i ! ~~ ~ ~iil . o' tl. ~6 uf:l ;o!,n :~ g~ Z/il flil j!:2 S!i if,n ~o fm ~~ .... "'1:1. ;Sg i~~ ~<tl _(II a: ~~~ ~~~ ~:: J~:li ...~~ ""lii~ ~~;;!; <g<... F ~oe: ~lllE 3i~~ =~5 ,,:Sz z~~ 9~~ ~~... E lS::s:t: ~~12 ,.....::> t:;lII"'19i!i~ It:...~ 15...< ~F xffi.s ~S~ ~XI:I !:i!::;~ <~3 !S!~~ ltilim 0> ;:~ !~2i "'~m~ FO....z ,.....F8 ~~~~ o~~ o"'i5g ~~e~ ~~~~ ~:;:fi!~ ~2~~ uFlIJ-, ~;!!';.J'~ ........"':il ls~~lii :.!"'15:71 ~~.J'~ i:j~~-, ~iE~< i!i......E :li:$S'" ::lF~~~ <3:li.....3 !;Ce"'~'" F...F:;;~ I!!~!<:il~ ~~F~~ ~~~~i ffi-g:.!... =~~llls.: ~ ~ 8 > 5 . ~ ~ . , ~ ~ ~ . g ~ I 8 ~ ~ . . < i , ~ s ~~ :.!~ "" ~~ ~~ f:!~ ON 158 0' ~~ ~ a~ ; !l1~ . .. ~ .-i ~ ~~. ~ ~ ;;:i ~ :! "''''lO- X (,J ~~:i! ~ ~ ~~;; '" l,Lj ~~~ e Q:j ~=il8 . ~ "~ " ," , i~ G .. .~ ~~ ~ ~ ~~ ,~ ~. ~~ .~ co "8 ~~~~ ~~ ~i~I'!~!li~~ ~ffigE"!ie.~c e":~~~ffi"'6 lll~ T1::i~~F,:, Ie :>-i:!:c3e :;J ~:!:;!!';g:~ ti UFW"'O:: 8\!j ~J:~~~ il!! ~~~i~ ~ l!5~~:g :t: "''''::>~;!O ... ~1~~l!5 ~ "'lll~~~ ~",F::>"'''':r ~~li~S.~:; ;;:; 1!lI<Xm;;;: g I !as!;C~ l!i~ l2iiJxi51= ~~ ~n~~ 19 ~~~5~ 1= ~~e~~:;: . "''''!!Iu '" J~~~~~I~ ~f5;S~"'~~1Io.2 2i~~~~~~~* . I~ ~ ~ ~ ~ . . o . . ~ . ~ < < . . . !:1 '0 I- is ~. 2i o~ '" "" 0 :~ ~ . ss! 0 ...... ~ U:Z .~ ~~ 1'5 ~~ III.~ '< ~ii2 ~!i >- u... ... ~ ~ ~o im ~ l:!~ ft:~. ~~ "'Z~l:; :liou!!! lii8ag- "'0-...... ~~l!i~~ ~!:r:j!:...... ~!::u:i!:il ~~~!;Ct "'~liiFE !:2~o~a :I:...~ ::; I1FO ... ~~t~~ "'~0,..i3 Ef~~ lilt ~~~~~~ ... ;;:0"'8 ..... ~:ll~~ ~~ Gj ~g"'l:!S~ ;:I; lll~~:!i~~ I:!:! ~~ Z"'l:! ~ ~0!1~~... Vl ~~~Q;~~ ~~_f!:!i~:li l'l . ~ ::~l:;i!i~F l.iJ <........ ... <l~ F~<:!il!!~ 1!!1II::'~;Sj!: ;S~!!;! ."'0 i:i <II ~~~Iil ~~!ili:~~ ~ ~~j!!i!gili l5 _~~~~;! .. ~ o ~ 5 ~ z > > ~ ~ ... f!!;j OZ...~~ %!~i:i~'" ~~~~~ ~;;:5-~D !tJ~el~~ ~. :~~5:LJ eilj-''''!!! 1;; g1=~~~ ~ 00< X... ~ ~i~;S~ < ~...~e;B (j ........uuz !!; ~~~~.i .... u",:lill1 ~ ;;!;;;!;,.:'::o!:i:j ~~!z::...:J fl<;;!:",'" o"';o<!l P" <Z o~ "'0 ~~I!!l:! ~ F~~~~ fd ~~Slg;s .... f:i",~f!!!;2 <5 uf5::li:j.o " ~.!~~. )( ffil!!...~:ltl ~<' ~ =:!i~~8g ~ ~ ~ . z ~ ~ . ~ ~ fljl:; 'w . U , " ~ ~ ~s: .0 . . 8 s: ~ ~ ~ !!1 ...,.. ...~ '.~' ~a ,.;z;;;!~QQ;.'~ ::Igli~<"'<1I'" ~ffi&!~lze.~B olL"'l!:l~fi"'''' ii~lL ~&SF! i~ ,..~r~~ I:o! ~~~g~ ."U <.....:i!!:.!... .~ ~"F. "" ;1ii~~~ ~ l]g...:-u ~ "'e;liIi 15 ~i~~~ "- ~41 ~~ ig....~~~~ <<3...,,..'" ;;l; ~~~~~ .g w::.< ~..~ Q;:.~i5; .c~ol= ?c~ ~~~~~ Og f~~5~ : ~~g~3~ 8 ~i~~g~ ...iJl;.~&!~m8!e: ~~~i~~.I!i~~ :!:...O.....F...... 3~~~F~:i!FF N . . g j ~ "" <~ >i 5~ ~!ll~"" .c~""~ ...z~"" ~~?:\!l ,.cuu... I ~ ~ ~ o N ~ . z > . ~ ~ . m ! f:j~ ~~ ~ " ~~ . . .- If U II. ;:; ~ ~ !!! - ~ ~ g; ~.. t~~~ .,(~5~ ~e:gij ~~~:f. ~"'3$ l!;~...tl 1!!g:!Z~ ~~~... "'lD~~ ~~...< ::>......,.. .... g~Fffi is ~~~ffi ;:, ~",~a ~ 5~~~ ~ ~";~ffi !/) :3!affi 1.:: ...alto O:d 'ijil!5~ ~':j...l:I UUFo.> )... 5~~~ .... u...- o ii~~~ , ~ 1IIl: ~ ~~ ~~g ~-" ;~~ :~ C>~,.. :;:l!5;O!~lf~ ""...s.....~ ~~g;~~~ ~~~~~~ ...~I:I~~~~ l!;l!;F<.....<~ :liei!i:i!;C~i"i iil:""lLUX-';::; ...g~g~<: F ",,,,i:.!< z!i!~Q...<X ~ -.....!::...J~..i ~ ~I!:~~~l:lg u g:iuz~~e G: <lj..:!: ~ili IE ~~~~~~~ o t:il~~~B~ui ~ ffi~";~l!!lIl;qjj .... u::>o<z~<s: !\l1~~t;:;lF~~ .... "'!j;: ....!ii'~ )( ffi~~~~S: ~ _lilO"'<2Z0 . e ~ 8 < . ~ ~ ; I . ~ ~ ~ o ~ ~ ~ . i ~ ~ .> w ~~ ~::l"'''' !;!;:l .~::Io~!l5i::1 ~g~:::'<"'~1S "'''''<1I~lz~;!!';g 5~l5z~",........ l::i _lLl!f:::'~FU ",:!!< Zi~~ ;. 1~ ,..zrll....... I::; @i;;;:;iii'~ o~ ~~!:!i!~ffi "'a ll;:i<li~::; I~ ~ii~~F I'. "eo: Ii ;: ~Q~~~ "" ;:iii<\:;!ffio e ...l;l"'~~ 10~F~!;"':S Izz..I;.'. ~<I~~i!i~; 3 :Zl!!~~ ~i I~~F~ ~i ~;~~~ I" '.w~5~ :z 38 <..... ~ I---i:~t~ fl ~;z..",,~'!' li...~g~l:J"'~ . i ""'Sij2lt:", 'i:ffi I"'oo"'z ~o :;zF~;:; i!i~<~F~~FF I- is ~ e !i !i1 1:3 "'" >- 0: ~ o ". . ." -~ I~ ." o. ~o I!!~ ~g i! ~ . , g . ~. .~ .; ~5 ". :~ ~5 ~ . " ~ ~ ~ J ~ ~ ~ ~~3 "'~~ ~~~ '" x-'z ~ ~:3 ~ ~ ~ . iI ~ ~ o ffi~ ~~ ~< ~ ~~ ~ > , ;. !ii! . z > . g o ~ ~ o ~ . o o ~ ~ .~ ~ ~ . . ! ;;~ I~ ~~ .. ~i 3 II. ~ ~ ~ !!! .il "~ m-~ !~i I ~ I !h i~ ~i~!11 i;~ Illh mUl!1 IIUII I:~i i ;;~!~ ;~~I ~;~~~ ~iil;; ~.~~ '. ~IS ~. fYi!" i!.II~ i-~~"; ~.~~ ~~ - II g~ ~~-i ~"E ~ ~~~ i~ ~i~~ Ii ~~~ i~ !~I! !I~ ~ !I~~!~ !!! < n~j d il~ u ;~;~ ~~III ~~~bi II) ~ .m.. <a <a ~ <a ~ ~ ~ / ---1fE-t1~~!!P"l~.!1 ~ -.:-r-- - - T - /Kilt-! .Pat!-, JXJTXJIJZ=a- .6t.r:z.I!"V ~ - ~ J ~ _ Q:JWZ-l Sl 1 JU196I=H .,gu,u1=V} ---=-"\.. "1 ..:.........,........~."'~.,fJ01f11i;. ~ C! __ 'If l 0{ J ~ "'-- '"""_ ~ ...@.........' - Of "'" "',... ., '~,--~~--:f~"- --""""'_~~"'=-"".~~-Js. "'..,~ ~~ ~~k"-\\;)~t'~1,1;/~4t~''''''.:'~- p.n:.:;r-!"'T'!;._;""~!~'~:::~~_-, - ~ i~ . ~ ._/ ~. d ' " """"" =". ~: 1!- \ } Ii~' ~ ~ 6}. r $ ~ ~ J :If J} ~/ ~ ;:~~ ~, ;,H IJ~ J / t;j g~~'i 8 ~ ~j & / / I ~ .."8<:' '" ~ '. 1/ I I oS 1~~~5': ._J<bJ ~ I I I I I 1 ~~~@ ~ ~l ~J; t8~ ~Ii.~ / / I / ~ ~::;~~ ill i." '1 [\ ~ , / / ~o. };;~~~ ~ ,w,~ ~~ . [I ~ / / I:M N~OZ la'!l \ f/ ^ 07 o:I8~~ ~,i~ .'"'" t If / fLoe ~l:D~:i ': \.2 \ " I I I ~ ;::~~'i! i ~ \. ~..0. , / / / t; ~ f-4 };;",f3~ ~ ","\ '{:. ~."\ / ~ 'I! U ~a~:$' f ~ "l, ..." ""'~ 4~ i / I~ I~;~ '\ \, '"-,..,. r"::~"'f.r- / ~ _ i .~~~~tJ -- ~~./iJ~)~'~~~"IHlfI~;e! ~~ I /1 ~lIt\~ l!:<:zm4.~ '\. /' ~ / <,,~ (93: 0 { ,& ~ ~ ~'" zO(/}w f"- "'ff: / / ~ -I~~ .~1 ~(/}<~ I ~; \ " ~ / / ~o..U1 \ T"" \; ~ iS~" // E::: \.. \\ I tj \ ~\,:\ // ! .~ I ~ ! ;s i i M ~~i \ ~i \ /7 = ~ ~~ ~ il I ~~~ ~ ~.a ......d~' .~' ! ~~ ! · ~ ~~~. ~ ~U i ~~~ t \ *.:\ / i ~i ~ ~ ! !~!H ~~l ; ~ ~~.,\'& ~ 'I ~~, 'I'-'-"'I(~II ~ ~i · · ~!i~:l ~ ~ ~~!~ ~ ~ ~ ~ \ \ "''''''- ~ ~~ ~ i 1.:'~~~~'S~" ~ ! ~ ~ ~!;np!.-_ . II~i: I ~!ut!t!~!1 ~ ~ ~ \ ~% r. I; ~il Oili,!l ~h~I~; ~i i~ iuh~ mi i U j \ -4~~ '~~ ~i ~~~~; h II"'\/~<:: - l~\ ' i~ ~;~ ~~:ii!! 0 . . .. @ ~ <a - -- 3.i " ~ - ~ "~ " . ~ . " . . . " . ~ III ... ~-it-l --- \.- ... -----\, ----.:- - - - ~ ~ - (JIriOZ"'l .mllt-l ,/1(J'Of:Q-H Jr.u.L~-V) AIIM...-:-. \ \-'d~-~.. J lI.Qo~~ i'.9:9s'f-i~(!t() '" "l j o' / ,8 ".,. ~/ " l:':_.... ~ "'"" ~ 1\- 1<I"'.;:~__i'l ';!I, "," /1 -iJ../1/l1 . 1! '<>4"r ~' -- ~ i~p@ a"', . 7 ~".U"iJJf '" fl; !;" ~ ~ """'1"'-= - .!Hf~ -l11'i~---+-- - - jj ~ ~ ; ~ ."-\ ~ ~z 'C ~ j Q. .. ::l; ~~ -< '" c s: N ~ N ;r8-. ~r<:il8 ~\ S~ol'" .&\~ .::~ ~I ~; \' $'Y;0 ~ ")i~g""".":./;;. ~ ~~~a ~ 1.f~f#r i k l!l~8 t,_ ~~~~ i ~I<l"''''hl ~ ~1J" 4'Cto !i! .~~ ~ -.'" E-Ufr~vl{ ~ ._'61 ~ . ~~ .~ "~ ~~ ~~ ~~ ~i ~. ~~t:! ~Oa A~~ ...be; I~~ l:l~:!1 " i} 1: ~' - ~ o < ~ 2 .il ~r{~' ~! ~! i ~~~ : J~i j ~! i.~ d .I~~~$ ~~. ~~ . ~f ij~~ ~fi ~ i!~ i nil ~lli isi:li ~b II ~ ~!! I i ~ ~~: 1I .~~. .!,,, ~~~~ ~lIi~" t~~~ .~ ~ ~~. ~~ i'~ ~ :~m ~ S=~1i ~~~~ 1!1~1i~ ~,,~~ it ~ ~.~ i..g !;;~ ~ ia~:~ ~~il ~~:~I ~ ~~; ~:~a~~: ~ ~~~ 5~~ "'lli~~ 1{1i Siil!t ""Ii! a:~ lie ih;I(~ ~Ifi *!!l! .(5~~~ ~t ..: 1l;>f:l5 Qji!'" m1i If i;i !f ;jil ;i!I~UI!;I! 1i~1! ~i ; ~I~ i~: ~~~ ~ ~d ~~ .~~~ .~M ~ .!~~~~ ".~O~~. . .~e "U t!:!! u d ~.. d ..~~.u . .!..~~ t~.:j ~i' ~ ~~~ 8~. iij !. ~ <OJ <OJ ~ <OJ ~ Jl.~ ~.~ ~ ~o. g~: I- (.I>>"tL~L:!~';!I_ .v ;:~€ ~~~!~ ~~~ ~i~ W ~- -1- (,<;>:":',;?:..:....,:.:;;/~-~-------L'- :~~.~ :f~ :'" :~~~ ~d ~ 1tt ~~i~~'~~~~~:;.f.~@~' ~J;;:'" ~~~ (/) I ~f\.I;;l~~r\!l\~1l~~ ~-o."'u~'_ -=;o;~':;.I"T!"'.".!"~~!~~~ i'_ '. - ~ ~.,I€ . t" .r""",,"~ " 0 I-- ..,J' ~l J.'~ d 2 '$ "" ,,-- \ !IIL-t ~1iil 1."2 Z g, 1 ' J , I 1/ . - III .... l~ t../f ~. pH~'.; <:( ~ ~;~g ; ~~i t I' J J I ~. ~ rv i:l oQ.z" 8 ~ ~I & I I I .. ~ l..L ""a :So< OJ '. I I I I <l (/)zl-- ,~ 1~~1~ ! ~i ~iri~.. !i~~.~ ,,/ / ,/ ,/ ~... ~ ~ O .J~go.o"'",i" ffi ~~ l..~Ff' I...' !; I I "'- ""- - ~ '" ~ !'. '" "J ~;g ~ ..~' ~ u g,~I~~~i ~j~" \ ~" ! ,I ; 1/ l~]r ~~ ~ ~ wlO~.. .. < I I ~ ,,""", ~ :"":" III -\ ~,h \ I I f.' ~ ~ .." . --1 t -;L.-~~~ ~ ~-'- '; I · J~"'l:!-: 1<. ~ '\.. Pry I: <( ~0i5'l'~ ~ '" " ~C:::'-->l. i I ~ I-- ~ ~~Q.:~ ":-~ \.,.... <i;~."'11>~'- ( I " j ~~.-!:: :\ _,.aw;- _ @\ J $ iT"' ~ Z 1!,"1;;~~~ - - "'m, '''. eH' ,l 'ill~ W lt~~~2;~ '\ ') ~ ~. I '! h~ '"" "IWi"""i Y ..' f ' , ..e:::::. :z:U)~< ' , ' I U)a.~ ,,;'i;j , ' I Z II. < ~s .\ . I , 00 \~i ill\ II rv 6 >\ I I L..l..- \ '\ I I '" , , I I > eI I! II ~ ~ II ~ \~ ~ '''.,. ,\ I"'N z!::: . "m.- .- "mg ~e ~ ~ I I W '7 ,,~j ~ ~~ i i ~~ ~ ...j.'f:.."\ \~ I J::l ~ ~~ i ~ ~ ~~ ~ ~ ~~2 ''i\*&~ ~ i~. I ! ~~ : ~ ii ~!~. ~ JU ~ ~ ~;::';'lil · ~ *F\ ~ ~I ~ ~ ! ~!i ~~ ~ ~I ~ ~ ~ "'~ " 'I ~ ~ ": ! ~ : 2" ~ n. ~m ~ h \ ' t ~ ~II ~ 1~~M'.~~;~ ~I iI ~ I :~~. ~ .~i!n!~f!1j II ~ \ Uf'1 "I ~.~ ~ m~ f;l;l ~. ~I ~-~.~. ~ ~ ~ 1't." a - , !~I~~li;~iHH~~~~U~iU :1 \~.t ' " '~~\~I' . ~~ ~~~ ~u~ ~ I -~\(! ..~ ~! ~i~ g~ g~ 0 . . ... @ :: <a ~ I #.1- --3.l" ~j,. ~ --- ~ i- - ...... 01 ""' <4 <d ...: <of aI g ;:: :l!::l' ~ 1il~-iJil-~ iii ell! __~-__ ~ ~ - ~. =J ,tl'llOt-l .oom-=.Y .<<.zz.a-V} AtI - i'"":'--- \ \ >tWd<......_~_ '" -QfJ j l:!a- ~~~ 41$ .l..~/~1f) -""'<'LN --') j ~ j r - ~ - l ;,. ~~ J~ , ~ li!~ ~ tt~ - ~ o .q- n w (:) <C 0.- 1--1 ~ o o m 51 TE- DETAIL 0_ - #o~ ~ ~ ~~l; $~ ~ ~:~ 4 ~ ,po ~~ VICINITY MAP- - NTS I~-- . , II ITEM NO.7 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V ell c:Ic0 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: March 6, 2007 SUBJECT: Professional Services Agreement, Kimley-Horn and Associates Santiago Detention Basin, Phase I Project No. PW06-12 PREPARED BY: Amer Attar, Principal Engineer - Capital Projects Steven Beswick, Associate Engineer - Capital Projects RECOMMENDATION: That the City Council: 1. Approve the agreement with Kimley-Horn and Associates, Inc. to provide professional engineering and design services for the preparation of plans, specifications and estimates for construction of the Santiago Detention Basin, Project No. PW06-12, Phase 1 for the not to exceed amount of $65,250.00, and authorize the Mayor to execute the agreement. 2. Authorize the City Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $6,525.00. BACKGROUND: The Design of this project has been broken into two phases. Phase 1 consists of preparing Surveying and Mapping, Data Collection, Hydrology and Hydraulics, Santiago Road Alignment Study, Environmental Permitting, Project Coordination and Report Preparation. Once Phase 1 is complete and the detention basin capacity and environmental requirements are clearly identified, Phase 2 will provide the completion of the design documents (plans, specifications, and estimate) for the Santiago Detention Basin. On January 4,2007, the City received proposals from Kimley-Horn and Associates, Inc. and Stantec for providing professional consulting design services as outlined in Request for Proposal (RFP) No. 150. The firms were ranked, and negotiations for the entire design contract commenced with the number one ranked firm, Kimley-Horn and Associates, Inc. of San Diego, California. Kimley-Horn and Associates, Inc. has extensive experience in providing civil engineering services for municipal governments. Sub-consultants utilized by Kimley-Horn and Associates, Inc. forthis project include Ninyo and Moore for geotechnical investigations and DJI Land Surveying for surveying services. This project was originally planned to be designed in-house at an estimated cost of $20,000 as shown in the FY2007-2011 Budget. Due to the unexpected complexity of the design which includes an environmental analysis, a hydrology and hydraulic studies, a sediment transport analysis, and a profile alignment study, staff determined that it was necessary to use a consultant to complete the design process. FISCAL IMPACT: The Santiago Detention Basin project is funded through Capital Project Reserves. An amount of $51,775.00 will need to be transferred from construction to design. Adequate funds are available for the professional services in the amount of $65,250.00, and the contingency amount of $6,525.00, for a total agreement amount of $71,775.00. Additional funds for the completion of the design and for construction will be requested in next fiscal year's budget. ATTACHMENTS: 1. Project Location 2. Project Description 3. Agreement with Kimley-Horn and Associates, Inc. ~ :.to ~ '5 ~ ~ ~ o ~ ~ ~ '" '€ i; (; o >4 ""' I;.) ~ o ~ ~ ~ l .- " ~ -z.4... .... M .... ~ &.. ~ ~ ~.>. ~ O..y. \)1-, Zi . -1~O o\'f'Y: ... 21.~ ~ '- \ \ 0 00000 u Il).-:S 0.0000 ~.abD g C.! o~o..o...o..o.. 8 bO.S .~ \ ....2og000 '" C).;~("'\ N N r- ...g~ 5 ~ e' ('f'\,.-t ~ ~ ~"<l(:tl, ~ 88 \ .S.8 ~ " .rAfREltrAEA ~ ~ " Q ~..o g. .g ~ o t:;' '" e \ .", '" p.. "" 1\ \ 5t;~ la .., %' > "" .~ ,2:> ccS ~,~ "<l ~ 0 d) ~ I~ ~ "d ~ \a tSS .8 I \ \ S+->"d c::> '" ~ " e .... 0 ~ p..~ , ."" .t ~ ~ o 0 ~d)~ c::> ~ -!3 '" ." ... 61 0 ~ I", 01 .S .D ,3 \"~.~~ go ~\ !!\\ \ .~ "'U . ;a s~i~ l::l \ on oh '~\~\ ,::; ~,..... p.. .S .~ 0"" \a 0 c::> "" Of&) P. ~ c::> '" \H .. ~ ... ~ la \ m....... ........... 0 ~~u ~ t<l ~~~g '" ~ ,.~ g. " .S '" N .....<: '" ~ 5 N '" p.. en..... QC .- c::> t<l '- tl '" P Jl , g o ~:<; " <- " _A ." c::> .~ ~ '" t -- 1A ~ .8 (':So~~ ~ ~ $ \;a~:;; ~ \ " t ti g .S g. ~ g " ~ ;::l 0000 <:> '''; ~~ g.~ 0 <- ooog 0 .~ Q c::> 000 0 ~\{/.\ ~ (.) .0:1)0 ;::l , 6000 '" .g ~'B~~ .~ 'C iflO('1N 5;t '" 0 c::> c::> ",- ii ~ " .ge~% .S ... " ~ EA-~EAfA "" ;2. \ ~ A ., <> S ,,~ P ... ., 0 " t ~.S..g~;::l g \ Q "" ~ a;::l lS 'Fi '" .~ .", 0 o -'S.S 'l'l .0 <:> p:: 'tI g~~ ~ ~ ~ ~~ ~~ 0, :; .. ~r 'a ... Q Q " 0",0 ~A '" Q ..... iU g Q 't:I e\~ $ ~ is ~.~. p..p.. ~s .... --a :::i 2'"d 0 0 ~~ ~o ~ ~ P-iP-t~~~ 'tI"", ""'u... .r;: .~ I"~ ~ u1 ~ ~ 0 o ., tI:l. U u~ ~ g l'l ~! .~ ~ Q .. ..~ II r,... f ~ ... " .~ g 0 .~ U 0 ~~ 0 1:> .", ~\~ ~ := ~ .. iI.I 'p 0 !:; ..l'\< ~ ~ "j:~ g ~$l iZ " 'l:: ~~ ~ - '" " ~\ .. ." " '" i:T g "Uj ~ a j; ,~ o ~ " 0 ~ ~ Q " ... r:~ 0 -<-<UA~ t tA A(J, ~ \... AGREEMENT FOR PROFESSIONAL CATCH BASIN DESIGN SERVICES BETWEEN THE CITY OF TEMECULA AND KIMLEY-HORN AND ASSOCIATES SANTIAGO DETENTION BASIN, PHASE I PROJECT NO. PW06-12 THIS AGREEMENT is made and effective as of March 6, 2007, between the City of Temecula, a municipal corporation ("City") and Kimley-Horn and Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on March 6, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, 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 in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES.. Pursuant to the provisions of Section 1773 of the Labor Code of the State of 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. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. 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. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of POlyment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Sixty Five Thousand Five Hundred Twenty Five Dollars and No Cents ($65,525.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner 1 R:ICIPIProjectsIPWOS-12\Agreernenls\Kirnley horn Agreement PWOS-12 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 but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00) or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. 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 othel'Nise. 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. A. 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 5. 7. DEFAULT OF CONSULTAN.T. .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. A. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. 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 2 R:\CIP\Projects\PW06-12\Agreements\Kimley horn Agreement PW06.12 shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. A. 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. B. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage,liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities' in any action or actions filed in . connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. B. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 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. 3 R:ICIPlProjectsIPW06-12\AgreementsIKlmley horn Agreement PW06-12 A. Minimum ScoDe of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no . employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insu~ance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's . Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 3) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the 4 R:ICIPIProjectslP'N06-12\AgreementsIKimley horn Agreement PW06-12 Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this 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. AcceQtabilitv of Insurers. Insurance is to be placed with insurers with a current AM. 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 CoveraQe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR A Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees; agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant. shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 5 R:ICIPIProjectsIPW06-12\AgreernentslKimley horn Agreement PW06-12 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. 1. LEGAL RESPONSIBILlTIESThe Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information conceming the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court 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 (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or,on the third business day following deposit with the document delivery service or United States Mail as provided above. 6 R:\CIPIProjecls\PW06-121A". ..."...:OlKimley hom Agreement PW06-12 To City: City of Teniecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 . Attention: City Manager Kimley-Horn and Associates 517 Fourth Avenue, Suite 301 San Diego, California 92101 Attention: Chuck Spinks, P.E., Vice President 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. To 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 peiformance of the services described in this Agreement. ' 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall tiave any financia,1 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 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. 7 R:ICIPIProjectsIPW06-12\AgreementslKimley horn Agreement PW06-12 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: James R. Roberts, Senior Vice President Charles R.Spinks, P.E. Vice President [Signatures of Two Corporate Officers Required] B R:ICIPIProjeclsIPW06-12\AgreemenlsIKimley horn Agreement PW06-12 EXHIBIT A TASKS TO BE PERFORMED DESIGN SANTIAGO DETENTION BASIN, PHASE I PROJECT NO. PW06-12 9 . R:ICIPIProjeclsIPW06.12\AgreemenlsIKimley hom Agreement PW06-12 ~=n Kimley-Horn and Associales, Inc. February 13,2007 Mr. Steven Beswick, P.E. Associate Engineer City ofTemecula Public Works Department 43200 Business Park Drive TemecuJa, CA 92590 Re: Santiago Detention Basin - Project PW06-12 Dear Steve: Kimley-Horn and Associates, Inc. is pleased to provide engineering services for the Santiago Detention Basin project. The services to be performed are outlined in the detailed task list for Phase ] and Phase 2 of the project. It is our understanding that the environmental permitting portion of the project will be performed in addition to the tasks identified in Phase] and Phase 2 after the initial Phase 1 task to identity the permitting requirements. The Phase 1 portion of the project will be performed for a not to exceed amount of $65,250 in accordance with the hourly rates listed on the attached rate schedule. The Phase 2 portion of the project will be performed for a not to exceed amount of$104,]20 in accordance with the hourly rates listed on the attached rate schedule. We look forward to this opportunity to work with the City ofTemecula on this project. Very truly yours, AND ASSOCIATES, INC. ( Chuck Spinks, P,E. Vice President C 30894 P:\Marketing\MK1\06.xxxs\Temecula Detention Basin\Ittr2~ 13"()7.doc .. TEl 619 234 9411 FAX 619 234 9433 . Suile301 517 Fourth AV&Ilue San Diego, California 92101 Santiago Detention Basin - Project PW06-12 Detailed List of Tasks Phase 1 1. Surveying and Mal)ping 1.1 Field survey to identify and locate existing improvements, existing utilities, and critical topographic features such as adjacent road elevations and edge of pavement, streambed elevations, and inverts of culverts, drainage channels, and utilities. To be performed by OJI as a .Subconsu~ant. 1.2 Survey Coordination with OJ!. 1.3 Use existing mapping provided by City as base map for project. 1.4 Add existing improvements/utilities to base map. 1.5 Document survey monumentation used for design and establish vertical and horizontal control for construction. 2. Data Collection 2.1 Visit site to verify existing improvements and prepare photographic record of existing conditions. 2.2 Research as-built plans for existing utilities, roads, and drainage improvements and add to base map. 3. Hydrology and Hydraulics 3.1 Prepare hydrologic analysis of watershed to detennine 2, 5, 10, 50 and 100 year peak flows for the 3,6,24 hour events per RCFC&WCD methodology using synthetic unit hydrographs. 3.2 Prepare sediment analysis to estimate volume of sediment and debris generated in watershed. Use RCFC&WCO methodology to estimate sediment b!lsin size using 2 and 10 year events as the basis for design. 3.3 Prepare flood routing analysis to size detention basin and hydraulic calculations for sizing outlet structure. 3.4 Prepare hydraulic analysis of existing drainage structures downstream from proposed detention basin through lot 87 to the concrete channel just downstream of lot 87. 3.5 Prepare conceptual plan showing 3 alternatives for basin layout including grading. llII"'1_n Kimley-Horn IIo..J_U and AsSOCiateS; Int:. Copyright @ 2007, K.imley-Hom and Associates, Inc. 4. Preliminary Santiago Road Alignment Study 4.1 Use survey, mapping, and utility data generated in Tasks 1 and 2 to prepare a preliminary vertical and horizontal alignment study with a typical cross section for the proposed Santiago Road improvements. 5. Envil"Onmental and Permitting Initial Assessment 5.1 Meet with regulatory agencies to determine environmental, mitigation, and permitting requirements. 5.2 Prepare memorandum identifying required environmental, MSHCP permitting and mitigation requirements and schedule. This scope does not include an impact analysis, preparation of permtt applications, or negotiations with resource agencies. 6. Pl"Oject Coordination 6.1 Project coordination, administration, and accounting. 6.2 Coordinate with City: we assume two meetings with the City. 7. Prepare Report 7.1 Prepare report that includes alternatives with conclusions and recommendations. 7.2 Prepare a report identifying the environmental permitting requirements for the project. Phase 2 8. Project Coordination 8.1 Conduct Project Kick-off meeting; confirm scope of work and schedule. 8.2 Coordinate with engineers, architects and developers on projects adjacent to this project. Consider proposed on-site and off-site storm drains, utilities, surface improvements and other adjacent projects. 8.3 . Project coordination, administration, and accounting. 8.4 8.5 Coordinate with City: we assume three meetings with the City. Prepare Legal documents for property acquisition. 9. 30% Design Construction Documents 9.1 9.2 ROW documents will be processed for the detention and sediment basin. Prepare plans for inlet structures at tributary storm drains and outlet structures for sediment basin and for detention basin. 9.3 Prepare grading plans for sediment basin and detention basin. 2 lfII!"1_n Kiroley-HQm ~_U and AsSociates, Inc. Copyright@2007, Kimrey-Horn and Associates, Inc. 9.4 Prepare utility relocation pian. 9.5 Prepare construction period erosion control plans. 9.6 Prepare a revegetation plan. 9.7 Prepare technical specifications. 9.8 Prepare 30% construction cost estimate. 9.9 Quality Assurance/Quality Control (QNQC) Review of plans. 9.10 Prepare 30% design, specifications, and cost estimate submittal: Five copies. 9.11 Presentation to City. 10. 70% Design Construction Documents 10.1 Prepare 70% Design Documents to include response to comments on 30% design. 10.2 Prepare 70% technical specifications and cost estimate. 10.3 QNQC review of plans. 10.4 Presentation to City. 11. 100% Desigu Construction Documents 11 .1 Prepare 1 00% Construction Documents to include response to 70% design 11.2 Prepare 100% technical specifications and cost estimate 11.3 QNQC review of plans. 11.4 Presentation to City. 11.5 Prepare Water Quality Management Plan. 11.6 Prepare Basin Maintenance Plan. 12. Final Plan Submittal 12.1 Prepare final signed Mylars for submittal from reviewed 100% plans. 13. Optional 12.1 Prepare regulatory agencies environmental permns. Permitting requirements to be determined during the Phase 1 portion of the project. P:\Marketing\MKn06.xxx~\Temecula Detention Basln\Detail List of Tasks.doc 3 ~_n Kimley.Hom ~_U andAssociat9S,lnc. Copyright @2007, Klmley-Hom and Associates, Inc. EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:\CIPIProjects\PW06-12\Agreements\Kimley horn Agreement PW06-12 Billing Rate Schedule -Santiago Detention Basin-Project PW06-12 KIMLEY-HORN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE EFFELJIVE JANUARY 1, 2007 - DECEMBER31, 2007 Category PROJECT MANAGER ..................,..........................................................................................$220.00 SENIOR ENGINEER...................................................................................................................$155.00 ASSOCIATE ENGINEER.............................................................................................................$110.00 CADD OPERATOR .................................................................................................................... $105.00 SENIOR ENVIRONMENTAL PLANNER ...................................................................................... $150.00 ENVIRONMENTAL PLANNER .................................................................................................... $105.00 ADMINISTRATIVE SUPPORT STAFF .......................................................................................... $ 70.00 SURVEYOR ............................................................................................................................... $150.00 SURVEYOR ASSISTANT ............................................................................................................ $100.00 P:\Marketing\MK1\06-xxxs\Temecula Detention Basin\FinaJ Rate Schedule.doc = .. " .. o ~ ;; C <( 5 C " E C e 'S: oS C l(lw 11I11 " .. ~ 5 jp ., " Q'g, o C o'C .\! * ~ C ,,- C1I '" CQJj ~ ~ ! ~~ -!!w ~ ~ ~:( .:JM ~ . " C .l!h i~;; , , ~'!O'i'l'~8'~' .lU.::!. III ;;:1 uf 1=0 .5-a ]1:ct9 r u g~cl!!.!!:g ~wit~i!; ." l::.. .!! ..e~~t:S 5!lUlJ~ 'I' 0" t Eo 52~ u ...!'" "-0 "E~ .!llll'" ~ i~ j ~ .I! III z&t09 I!!I~ It:ug~~ .. " C o 'B. 'C Ii o ~ . . 0 /!z N~ ~ o NN o o o U'il!' ;;;;U ~ ~Uii!' .. ;;$::iliili ;; .. o o o o ~'!' .,;.,; o o !.~I!I ::i::iti o o 010'511 ilI_iO ;~:i o o '~'~'~'~ llll:l:l:ol .. N N~ 0 ~N~ ~ ~ ~ ~~ o o 0 ~~ 0 V~~ o o 0 ~~~ 0 ~~, o S! ~~ com 0 0 = =~ ~~ III ~$!~~ ~~ ...,........... <0 ...,.NtD ~ tD~CO~~ ~~ o ...,.co~ ~ o ~ ~ J!la: s. ~:n~ () .- Q C > ~.- d=;;~~ .silo'l:lc~ C C.J:: '5 Gl ::::J c8leE15 :i.ga~~== b~i.e~> lia.egE~ C: 6; "28 ~ ,g al c~ .._. '\:. " :!1! ~ ~~a;m1:::J :::iQi~31"C~ Cl)U:al~~C ~,,"=f1l"l"'t"! ""'.................... 0.... :! .; Z ... . {!. ~ .. . ., l ~ '5 j o a: .. . ~ ~ n .'" ~,~ 0.. E e "g ch 'ii~ .~ '5 {;~ :s~~ 1l~~ ~sc'2 . ~ U ~ j"' s> a~~ ~;;i~ N .... N N r-- .. N .; Z ... ~ I . " .. ... .; Qi ~ ~ a > u - 199~ o =g:c:i ~ ~oe~ u. ~~~ ~ o_!i' ~ .e~~ t]O'ij ! := ~ 15 C~:5" ~ h E~ o ~~ m.. $! ~ 1i'5 1ii 1a .Ii[ ~J!lH ~ $! ~ .gj~ IV :::i I()~ \'ll UI ! V,I t!! ("'- N.s c g i.e 0.e'lil ~ ~ ;.~~ ~~lii c:: ;>.1ij lIJ c( S c \'ll~~i.io...J!! ~ (U 0 .~ r:: .e 0 g.2;~Stl! - ~C\! fI) &. '5 Q ~e"'s]:!eB ~ -g, M i is 'I:l r::: :r:J:.e(l)u:~8 ~ " ~ ~ ::i :i ::!:; ~ ~ o o to fOg o o .....10 .. ..,.~ o .. .; z ... . /! I o . 0" 'iJ . . ~ :li '0 " ~~ ~. H .0 e .2 co c- ~~ b .~ go 0:'" '" . 0 c .. ~5 c'f tl~ o .. .; z ... . ~ li i1 II ~ .iJ .U . ~ ~ e g'S Ui~ $ E 0 ~~~ ~.e~ i!iEE eH ,fsg .,,;a n~ li~fs ~~iJ5 t:rn:E ,g lig;; ~ '" c . LLI:i:E ..~ ~.. ..~.. lIS";'" g n r:::il ~.~ t:! C5~ ....'ti!(,J '!!..6," 'E. 88~ II ,., .6 ~.'E e .- ~ a.:~cJ "~N tQGcD o o 'E ~ .. .. .; z ... ~ ~ :a . Ul o o " .h '" - "'. 0'" .. 0 o . o E ~ E a ~ ~ 2 e_ a::~~ ~H e ~.~ a:;f~ ::!;:::! 00 ON !O;! ~ o ..: .; z ... . ~ ~ .. . Ul . o .. .:l ~ . " ~. l:l Ii: N on '" .,. ~ . .~ 8 ... llJ :i'i Q. , ... (,) !:!l o .ll: .... i:!: f:! " o 'E '0 ~ " , ~ . . . o !l ~ tl e is I~-- . , II ITEM NO.8 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~<' ell (JG..., CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter M. Thorson, City Attorney DATE: March 6, 2007 SUBJECT: Roripaugh Ranch Project - Approval of Fourth Operating Memorandum RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FOURTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR THE RORIPAUGH RANCH PROJECT BACKGROUND: On December 17, 2002, the City and Ashby USA entered into that certain agreement entitled "Development Agreement by and between the City of Temecula and Ashby USA, LLC" (the "Development Agreement.") The Roripaugh Ranch Specific Plan was approved by the City Council on November 26, 2002 and was amended on January 11, 2005 and February 14, 2006 (the "Specific Plan.) The Specific Plan and Development Agreement require Ashby USA to construct certain Public Improvements necessary to support the homes to be built within the Project. The Specific Plan and Development Agreement further provide that the issuance of building permits is dependent on the completion of specific Public Improvements as set forth in the Specific Plan and Development Agreement. Sufficient Public Improvements have been constructed to permit the issuance of 107 building permits for the Phase I Panhandle Area. Ashby USA has requested the City issue of all of the 515 building permits for Phase I of the Project (the "Panhandle") prior to the completion of the Public Improvements required for the issuance of the Phase I building permits ("Phase I Public Improvements"). Ashby USA has completed approximately eighty percent (80%) of the Public I mprovements required to enable the issuance all of the remaining 515 building permits for the Phase I area. Issuance of the 515 building permits at this time pursuant to the terms of the proposed Fourth Operating Memorandum will enable merchant builders in the Panhandle area to purchase several planning areas from the Tanamera Homes entities which have defaulted on their loans and are facing foreclosure by their lenders. The status of the Community Facilities District Bonds and the status of the Project are set forth in the Temecula Public Financing Authority Releases Nos. 1 to 7, the Tanamera Entities Releases and Semi-Annual Report, the Semi-Annual Report of Ashby USA, and the Annual Report of the Temecula Public Financing Authority. City is willing to issue the 515 building permits for the Phase I area provided that it receives certain assurances that the required Public I mprovements will be completed, regardless of the status of the Project and that certain amendments to the 2006 Bond Documents are completed. Major provisions of the proposed Fourth Operating Memorandum between Ashby USA, Ohio Savings Bank, its lender, and the City include: . City shall agrees to issue the 515 building permits for the Panhandle to merchant builders upon the the posting of a Letter of Credit by Ohio Savings Bank and fulfillment of all requirements of issuance of the building permits other than the Phase I Public Improvements. . Ashby USA posts a letter of credit in the amount of $8,030,000 million which amount represents the City's estimated amount of the cost of completing the Public Improvements for the Panhandle, 15% contingencies and 10% for City expenses. Ashby USA may draw on the Letter of Credit as well, but only for construction of the Phase I Public Improvements. . If Ashby USA does not complete the Public Improvements required forthe Panhandle within six months from the date of the Memorandum, September, 2007" the City may, but is not required to, take over the construction of the Public Improvements for the Panhandle and draw on the letter of credit for construction costs. . Ashby USA and Ohio Savings Bank releases the City from all liability arising from the Project. . Ashby USA and Ohio Savings Bank agree never to sue the City for monetary damages arising from an alleged breach of the Fourth Operating Memorandum by the City, but may sue for writ of mandate, declaratory relief or specific performance to resolve disputes and compel City's compliance with the Fourth Operating Memorandum. . City retains all legal rights and remedies, including a suit for monetary damages. FISCAL IMPACT: None. Any costs to the City involved in taking overthe construction of the Public Improvements will be paid from the Letter of Credit required by the Fourth Operating Memorandum. ATTACHMENTS: Resolution No. 07-_Approving the Fourth Operating Memorandum Fourth Operating Memorandum RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FOURTH OPERATING MEMORANDUM FOR THE DEVELOPMENT AGREEMENT BETWEEN ASHBY USA LLC AND THE CITY OF TEMECULA FOR THE RORIPAUGH RANCH PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby approves that certain "Fourth Operating Memorandum" by and between the City, Ohio Savings Bank, and Ashby USA dated as of March 6, 2007 with such changes in said documents as may be mutually agreed upon by the parties, the City Manager and City Attorney as are in substantial conformance with the form of such agreements as presented to the Council. The Mayor is hereby authorized to execute said Agreements on behalf of the City. Section 2. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreements and to administer the City's obligations, responsibilities and duties to be performed under the Agreements. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 6th day of March, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSI8 ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 6thday of March, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk The Agreement will be submitted under separate cover on Monday, March 5, 2007 TEMECULA COMMUNITY SERVICES DISTRICT I~-- . , II ITEM NO.9 II , II - . . . I I II II __. . I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT FEBRUARY 27,2007 A regular meeting of the City of Temecula Community Services District was called to order at 7:27 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 3 DIRECTORS: Edwards, Naggar, Washington ABSENT: 2 DIRECTORS: Comerchero and Roberts. Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 14 Minutes RECOMMENDATION: 14.1 Approve the minutes of February 13, 2007. 15 Aooroval of the 2006-07 Mid-Year Budeet Adiustments RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07 -02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2006-07 ANNUAL OPERATING BUDGETS 16 Acceotance of a Landscaoe Maintenance Easement Deed alone Butterfield Staee Road within the Crown Hill Develooment RECOMMENDATION: 16.1 Accept the Landscape Maintenance Easement Deed for two lots along Butterfield Stage Road within the Crowne Hill Development. (Per the recommendation of staff, Item No. 16 will be continued off calendar.) R:\Minutes\022707 17 Namina of Rorioauah Ranch Park Sites RECOMMENDATION: 17.1 Approve the names "Skyview Park" for the 5.1 acre park site and "Roripaugh Ranch Community Park" for the 21.1 acre park site in the Roripaugh Ranch development as recommended by the Community Services Commission. 18 Citv of Temecula Wall of Honor RECOMMENDATION: 18.1 Approve the recommendation from the Community Services Commission to permanently place the name of Gary Thornhill, former Deputy City Manager, on the Wall of Honor. MOTION: Director Naggar moved to approve the Consent Calendar and to continue Item No. 16 off calendar. Director Edwards seconded the motion and electronic vote reflected approval with the exceotion of President Comerchero and Director Roberts who were absent. CSD BUSINESS 19 Temecula Communitv Center Exoansion Master Plan RECOMMENDATION: 19.1 Adopt the categorical exemption prepared for the Temecula Community Center Expansion and the relocation of the historical house and barn; 19.2 Approve the Temecula Community Center Expansion Conceptual Master Plan and the relocation of the historical house and barn; 19.3 Authorize the preparation of construction documents and release a formal public bid for the Temecula Community Center Expansion project. Development Services Administrator McCarthy provided a staff report (of record.) Per PowerPoint Presentation, Mr. Randy Meyer, representing Meyer and Associates, highlighted on the following: o Site Plan o Floor Plan o Useable Space o Service Areas o Circulation. For Mayor Pro Tern Naggar, Director of Community Services Parker informed that the estimated cost for the Temecula Community Center Expansion will be $1.3 million dollars, noting that most of the funds would be funded by Community Development Block Grant Funding (CDBG). R:\Minutes\022707 2 In response to Mayor Washington's request, Director of Community Services Parker noted that the proposed project will have enhanced landscaping. Development Services Administrator McCarthy advised that the completion date would be approximately January, 2008. For the City Council, Director of Community Services Parker advised that a Scope for Development Plan will be brought back to the City Council for the Council's review and consideration. Ms. Melissa Donaldson, representing Safe Alternatives for Everyone (SAFE), informed that the program provides services for children, youth, and families who have experienced or are at risk of abuse or violence. At this time, the public hearing was opened and due to no speakers, it was closed. MOTION: Director Naggar moved to approve Item No. 19. Director Edwards seconded the motion and electronic vote reflected approval with the exceotion of President Comerchero and Director Roberts who were absent. CSD DEPARTMENTAL REPORT 20 Community Services Deoartment Monthlv Reoort CSD GENERAL MANAGERS REPORT No additional comments. CSD BOARD OF DIRECTORS REPORTS No additional comments. CSD ADJOURNMENT At 7:41 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, March 6, 2007, 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\022707 3 REDEVELOPMENT AGENCY Ii - I. ITEM NO.1 0 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY FEBRUARY 27,2007 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:41 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 3 AGENCY MEMBERS: Naggar, Washington, and Edwards ABSENT: 2 AGENCY MEMBERS: Comerchero and Roberts. Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. RDA CONSENT CALENDAR 21 Minutes RECOMMENDATION: 21.1 Approve the minutes of February 13, 2007. 21 Aooroval of the 2006-07 Mid-Year Budaet Adiustments RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. RDA 07 -01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2006-07 ANNUAL OPERATING BUDGETS MOTION: Agency Member Naggar moved to approve the Consent Calendar. Agency Member Washington seconded the motion and electronic vote reflected approval with the exceotion of Agency Member Roberts and Agency Member Comerchero who were absent. RDA DEPARTMENTAL REPORT 23 Redevelooment Deoartment Monthlv Reoort R:\Minutes\022707 RDA EXECUTIVE DIRECTORS REPORT No additional comments. RDA AGENCY MEMBERS REPORTS No additional comments. RDA ADJOURNMENT At 7:42 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 6, 2007, 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. Maryann Edwards, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\022707 2 JOINT CITY COUNCIL AND RDA PUBLIC HEARING Ii - I. ITEM NO. 11 I I TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager 1#-f'" /Jil aa...- CITY OF TEMECULAlTEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/City Manager Agency Members/City Council John Meyer, Redevelopment Director March 06, 2007 Fifth Amendment to the Disposition and Development Agreement for the Temecula Education Center RECOMMENDATION: That the City Council/Temecula Redevelopment Agency: 1. That the City Council adopt a resolution entitled: RESOLUTION NO. 06-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A FIFTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX 2. That the Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 06-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A FIFTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX BACKGROUND: The AGK Group has entered into lease agreements with Mount San Jacinto Community College and Concordia University to occupy classroom space within the Temecula Education Center. The AGK Group is also actively negotiating with several other colleges and universities. The AGK Group has requested to construct only the core building & one educational tower (Buildings 2 & 3). This Amendment will allow only one educational tower to be constructed contingent upon the 50% pre-leasing requirement. The Mount San Jacinto Community College and Concordia Leases will satisfy the 50% requirement for buildings 3 and 4 but not for buildings 2, 3 and 4. The AGK Group is still required to have the construction funding in place, meet all the other conditions of the DDA and successfully acquire the property and close escrow by March 30, 2007. The constructions plans are nearly completed. FISCAL IMPACT: The Redevelopment Agency's Affordable Housing Fund will have contributed nearly $4.2 million for the mass grading and surcharge performed at the Temecula Education Center site. $3 million dollars is the Agency's contribution to the construction of the affordable housing units and $1.2 million will be reimbursed by the developer atthe close of escrow. ATTACHMENTS: Attachments RESOLUTION NO. RDA NO. 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A FIFTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND AGK GROUP, LLC, A CALIFORNIA LMITED LIABILITY COMPANY FOR THE TEMEUCLA EDUCATION COMPLEX THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors ofthe Redevelopment Agency of the City of T emecula hereby finds, determines and declares that: A. Agency and AGK Group, LLC, ("Developer") have entered into a Disposition and Development Agreement dated as of March 16,2004, as amended on September 14, 2004, December 7, 2004, Febmary 28,2006 and December 12, 2006 ("DDA") which provided for, among other things, the City's contribution to Developer of certain real property described therein (the "Property") for the purpose of pursuing the development of a mixed use development incorporating affordable housing, higher education and retail located on a 31 acre site at the northwest corner of Diaz Road and Dendy Lane. Capitalized terms uses herein but not defined shall have the meaning set forth in the DDA. B City and Developer desire to clarify and modify some of the terms ofthe DDA as it relates to the development ofthe project. C. The approval of this Fifth Amendment by the Agency constitutes an action to allow the AGK Group to proceed with the development ofthe project but to initially build only one ofthe educational towers. D. On March 6, 2007 the Board of Directors of the Redevelopment Agency ofthe City of Temecula and the City Council held a duly noticed joint public hearing at which all persons had the opportunity to address the Agency and the Council on the Fifth Amendment. Section 2. The Board of Directors ofthe Redevelopment Agency ofthe City of Temecula hereby approves that certain agreement entitled "Fifth Amendment to Disposition and Development Agreement" between the Agency and AGK Group, LLC, with such changes in each document as may be mutually agreed upon by the Developer and the Executive Director as are in substantial confomlance with the foml of such C"\ WINDOWS\apsdoc\nettemp\1448\$ASQpdf836962.DOC Agreement which on file in the Office ofthe Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreement, including related exhibits and attaclmlents on behalf ofthe Agency. A copy of the final Agreement when executed by the Agency Chairperson shall be placed on file in the Office ofthe Secretary of the Agency. Section 3. TIle Executive Director of the Agency (or his designee), is hereby authorized, on behalf ofthe Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, respon- sibilities and duties to be perfomled under the Agreement and related documents, including but not limited to the Promissory Note, Deed of Tmst, Regulatory Agreement, acceptances, escrow instmctions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreement. Section 4. Resolution. The Secretary of the Agency shall certify the adoption of this PASSED, APPROVED AND ADOPTED by the Board of Directors ofthe Redevel- opment Agency of the City of Temecula at a regular meeting held on the 6th day of March, 2007. Maryann Edwards, Chairperson ATTEST: Susan W. Jones, MMC City Clerk! Agency Secretary [SEAL] C"\ WINDOWS\apsdoc\nettemp\1448\$ASQpdf836962.DOC STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) L Susan Jones, MMC, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that Resolution No. RDANo. 07- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency ofthe City ofT emecula at a regular meeting thereof, held on the 6th day of March, 2007, by the following vote, to wit: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, MMC City Clerk! Agency Secretary C"\ WINDOWS\apsdoc\nettemp\1448\$ASQpdf836962.DOC RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A FIFTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND AGK GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY FOR THE TEMECULA EDUCATION COMPLEX THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. TIle City Council hereby finds, detemlines and declares that: A. Agency and AGK Group, LLC, ("Developer") have entered into a Disposition and Development Agreement dated as of March 16,2004, as anlended on September 14, 2004, December 7, 2004, Febmary 28,2006 and December 12, 2006 ("DDA") which provided for, among other things, the City's contribution to Developer of certain real property described therein (the "Property") for the purpose of pursuing the development of a mixed use development incorporating affordable housing, higher education and retail located on a 31 acre site at the northwest corner of Diaz Road and Dendy Lane. Capitalized temlS uses herein but not defined shall have the meaning set forth in the DDA. B Agency and Developer desire to clarify and modify some ofthe terms ofthe DDA as it relates to the development ofthe project. C. On March 6, 2007 the Board of Directors of the Redevelopment Agency ofthe City of Temecula and the City Council held a duly noticed joint public hearing at which all persons had the opportunity to address the Agency and the Council on the Fifth Amendment. Section 2. The City Council hereby approves that certain agreement entitled "Fifth Amendment to Disposition and Development Agreement" between the Agency and AGK Group, LLC, with such changes in each document as may be mutually agreed upon by the Developer and the Executive Director as are in substantial conformance with the form of such Agreement which on file in the Office ofthe City Clerk. Section 3. TIle City Clerk shall certify the adoption of this Resolution. C"\VvINDOWS\apsdoc\nettemp\4180\$ASQpdf836963 DOC PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 6th day of March 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] C"\WINDOWS\apsdoc\nettemp\4180\$ASQpdf836963 DOC STATE OF CALIFORNIA ) COLTNTY OF RIVERSIDE ) ss CITY OF TEMECLTLA ) I, Susan Jones, MMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 07- was duly and regularly adopted by the City Council ofthe City of T emecula at a regular meeting thereof, held on the 6th day of March 2007, by the following vote, to wit: AYES: COLTNCILMEMBERS: NOES: COLTNCILMEMBERS: ABSENT: COLTNCILMEMBERS: ABSTAIN: COLTNCILMEMBERS: Susan W. Jones, MMC City Clerk! Agency Secretary C"\VvINDOWS\apsdoc\nettemp\4180\$ASQpdf836963 DOC FIFTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS FIFTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (the "Amendment") is dated as of March 6, 2007 and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMEC1.TLA, a public body, corporate and politic ("Agency") and AGK GR01.TP, LLC, a California limited liability company ("Developer"). RECITALS A. Agency and Developer entered into a Disposition and Development Agreement dated March 16, 2004, an Amendment to Disposition and Development Agreement dated September 14, 2004, a Second Amendment to Disposition and Development Agreement dated December 7, 2004, a Third Amendment to Disposition and Development Agreement dated as of Febmary 28, 2006, and a Fourth Amendment to Disposition and Development Agreement dated December 12, 2006 (collectively, the "DDA"). B. The DDA provides for, among other things, the sale of certain land and improvements by Agency to Developer (the "Property"), a loan by Agency to Developer to be used for the development of a portion of the Property as an affordable rental project (the "Agency Loan"), and the execution, delivery and recordation of a Regulatory Agreement between Agency and Developer (the "Regulatory Agreement"). Capitalized temlS used herein but not defined shall have the meanings ascribed thereto in the DDA. C. Agency and Developer have agreed to further modify the DDA as hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals and other consideration, the adequacy of which is hereby acknowledged, Agency and Developer hereby agree as follows: 1. Modification of Conditions to Closing: Preleasing Condition. Clause (xiii) of Section 3.5 ofthe DDA is hereby deleted and is hereby replaced with the following condition: "(xiii) delivery to the Agency of copies of executed leases acceptable to the Agency with tenants acceptable to the Agency for at least fifty percent (5000) of the rentable area of building 3 and building 4. Additionally, Developer hereby covenants, as part of the DDA, to deliver to the Agency copies of executed leases acceptable to the Agency with tenants acceptable to the Agency for at least fifty percent (500'0) of the rentable area of buildings 6,7 and 8 to be constmcted on or before the date on which building pemlits are issued for such buildings, and satisfaction of such pre-leasing requirements for such buildings are hereby made a condition of the issuance of such building permits. If the foregoing condition is not enforceable, then the Developer agrees for the benefit of the City as a third party beneficiary of this sentence, that the City may impose such condition upon the issuance of such building pemlits and Developer will not challenge such conditions imposed by the City. TIlere shall not be any pre-leasing closing condition or pre-leasing permit condition for building 9 or building 10." c:\ WINDOWS\ap~Joc\nettemp\1612 $ASQpJf836977.DOC 1 1087-00 1 8\953685vLdoc 1 2. Develooer Acknowledgment, Waiver and Release Regarding Closing Conditions. DEVELOPER HEREBY ACKNOWLEDGES THAT DEVELOPER SHALL HAVE NO RIGHT TO ACQUIRE ANY OF THE PROPERTY IN THE EVENT THAT DEVELOPER FAILS TO STRICTLY AND TIMELY COMPLY WITH ALL OF THE CONDITIONS TO CLOSING (AS MODIFIED BY THIS AMENDMENT), TIME BEING OF THE ESSENCE. ACCORDINGLY, DEVELOPER EXPRESSLY W AlVES AND RELEASES, AND COVENANTS NOT TO ASSERT, FILE OR RECORD, ANY LIS PENDENS OR CLAIM TO OR AGAINST THE PROPERTY IN THE EVENT DEVELOPER FAILS TO STRICTLY AND TIMELY COMPLY WITH ALL SUCH CLOSING CONDITIONS. Developer's Initials 3. Judicial Reference. Any and all disputes and claims arising under the DDA or this Anlendment, whether relating to interpretation, application, enforcement or breach, shall be heard by a reference proceeding pursuant to Section 5 of the Fourth Anlendment to Disposition and Development Agreement. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS ABOVE DECIDED BY NEUTRAL REFEREE AS PROVIDED BY CALIFORNIA LAW, AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT WITH JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL WITH RESPECT TO THE MATTERS SUBJECT TO JUDICIAL REFERENCE, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS JUDICIAL REFERENCE PROVISION. IF YOU REFUSE TO SUBMIT TO JUDICIAL REFERENCE AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO SUBMIT UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS JUDICIAL REFERENCE PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE JUDICIAL REFERENCE PROVISION TO A NEUTRAL REFEREE. Agency Initials Developer's Initials 4. General Provisions. (a) General Provisions. TIlis Anlendment constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior agreements and understandings ofthe parties with respect to the subject matter hereof. This Anlendment may not be modified, amended, supplemented, or otherwise changed, except by a writing executed by both parties hereto. 11087-0018\953685vl.doc 2 (b) Waiver. No failure or delay by any party in the exercise of any right hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right preclude other or further exercise thereof, or any other right. (c) Countemarts. TIlis Amendment may be executed in two or more counterparts and by different parties hereto on separate counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instmment. (d) GoveminQ: Law. This Amendment shall be deemed to be a contract made under the laws of the State of California and for all purposes shall be governed by and constmed in accordance with the laws of the State of Califomia. (e) Time of Essence. Time is ofthe essence of each and every provision ofthe DDA and this Amendment. IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the day and year first above written. DEVELOPER: AGK GROLTP, LLC, a Califomia limited liability company By: AG. Kading, Sole Managing Member AGENCY: TEMECLTLA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Maryann Edwards Redevelopment Agency Chairperson ATTEST: Susan W. Jones, CMC City Clerk! Agency Secretary APPROVED AS TO FORM: Peter TIlOrson, Agency Counsel 11087-0018\953685vl.doc 3 TEMECULA PUBLIC FINANCING AUTHORITY Ii - I. ITEM NO. 12 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY FEBRUARY 27,2007 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:42 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 3 AUTHORITY MEMBERS: Edwards, Naggar, Washington ABSENT: 2 AUTHORITY MEMBERS: Roberts and Comerchero Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. TPFA CONSENT CALENDAR 24 Minutes RECOMMENDATION: 24.1 Approve the minutes of November 28, 2006. 25 Aooroval of Deoosit/Reimbursement Aareement. Acceotance of Deoosit. and Authorization of Actions related to CFD 07-1 (Promenade Mall Parkina Imorovements) RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 07 -01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO COMMUNITY FACILITIES DISTRICT 07 -1 (PROMENADE MALL PARKING IMPROVEMENTS) MOTION: Authority Member Naggar moved to approve the Consent Calendar. Authority Member Edwards seconded the motion and electronic vote reflected approval with the exceotion of Authority Member Roberts and Authority Member Comerchero who were absent. R\M inutes.tpfa\022707 ADJOURNMENT At 7:43 p.m., the Temecula Public Financing Authority Meeting was formally adjourned. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R\M inutes.tpfa\022707 2 Ii - I. ITEM NO. 13 I I TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager ~ IJ~ (J{G TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT Executive Director/Authority Members Peter M. Thorson, City Attorney March 6, 2007 $51,250,000 Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch), 2006 Special Tax Bonds - Supplement NO.1 Amending the Acquistion Agreement and New Deposit Agreement RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. TPFA07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULAAPPROVING SUPPLEMENT NO.1 TO ACQUISITION AGREEMENT RELATING TO THE $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH), 2006 SPECIAL TAX BONDS 2. Adopt a resolution entitled: RESOLUTION NO. TPFA07-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA APPROVING A DEPOSIT AGREEMENT RELATING TO THE $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH), 2006 SPECIAL TAX BONDS BACKGROUND: On April 27, 2006, the Authority, on behalf of Community Facilities District No. 03-02 (Roripaugh Ranch), issued $51,250,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) 2006 Special Tax Bonds (the "Bonds") to finance various public improvements required for the Roripaugh Ranch Project. The Bonds were marketed to prospective investors pursuant to an Official Statement, dated April 13, 2006 (the "Official Statement") which described the terms of the Bonds, the development expected to occur in the CFD and other matters material to an investment decision with respect to the Bonds. In connection with the Bonds, Ashby and the Authority also entered into an Acquisition Agreement, dated as of March 1, 2006 (the "Acquisition Agreement") relating to the use of a portion of the proceeds of the Bonds to acquire various public improvements constructed or to be constructed by Ashby. Subsequent to the closing of the sale of the Bonds, the Authority was advised that some of the information included in the Official Statement was inaccurate and incomplete. Various actions may need to be taken in order to correct any deficiencies in the Official Statement, which actions may include a restructuring of the Bonds and the preparation of new disclosure documents in connection with a restructuring. A more detailed description of the status of the Bonds and the status of the Project is contained in the Temecula Public Financing Authority Releases Nos. 1 to 8, the Tanamera Entities Releases and Semi-Annual Report, and the Semi-Annual Report of Ashby USA. The proposed amendments to the Bond Documents will enable the Authority to deal with the disclosure issues, provide for possible restructuring of the Bonds, orfora possible repurchase of the Bonds by Ashby USA or a third party. Amendments to Acauisition Aareement Amendments are proposed for the Acquisition Agreement which would provide for the following terms: . The letter of credit securing debt service payment for the first two years would not be reduced until completion of the Public Improvements. . Money in the Improvement Fund, which would normally be used for construction of Public Improvements, may also be used to pay debt service if needed. . Money in the I mprovement Fund may be used to repurchase the Bonds, if necessary or for costs of the remarketing or repurchase of the Bonds. . Ashby USA's indemnification of the Authority under the Acquisition Agreement would include claims for misstatements or omissions of material fact in the Official Statement as are now contained in the Developer certificates. . Authority would be authorized to terminate the Acquisition Agreement and distribution of bond proceeds if the remarketing or Developer buy-back is not completed by a date certain. . Authority is fully released from any known or unknown claims by Ashby USA related to the Bonds or the Bond documents. . Ashby USA's may not sue the Authority for monetary damages and its legal remedies are limited to specific performance and declaratory relief to resolve disputes pertaining to the Authority's obligations under the Agreement. New Deoosit Aareement A new deposit agreement is proposed which would provide for the possible remarketing or voluntary tender of the Bonds which provides for Ashby USA's payment of the Authority's costs. FISCAL IMPACT: None. Any costs to the City involved in the remarketing or the repurchase of the Bonds will paid by Ashby USA pursuant to the Deposit Agreement. Ashby USA is currently paying the expenses of the City and Authority in resolving the current issues affecting the Bonds and the Project. ATTACHMENTS: Resolution No. TPFA 07-_ Approving Amendments to the Bond Documents Supplement NO.1 to Acquisition Agreement RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT RELATING TO THE $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH), 2006 SPECIAL TAX BONB THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Public Financing Authority hereby approves that certain agreement entitled "Supplement No. 1 to Acquisition Agreement by and Between the Temecula Public Financing Authority and Ashby USA" dated as of March 6, 2007 with such changes in said documents as may be mutually agreed upon by the parties, the Executive Director, Bond Counsel, and City Attorney as are in substantial conformance with the form of such agreements as presented to the Authority. The Chairman is hereby authorized to execute said Agreements on behalf of the Authority. Section 2. The Executive Director (or his designee), is hereby authorized, on behalf of the Authority, to take all actions necessary and appropriate to carry out and implement the Agreements and to administer the Authority's obligations, responsibilities and duties to be performed under the Agreements. Section 3. The Authority Secretary shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 6th day of March, 2007. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 6tl'day of March, 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary RESOLUTION NO. TPFA 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING DEPOSIT AGREEMENT RELATING TO THE $51,250,000 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03- 02 (RORIPAUGH RANCH), 2006 SPECIAL TAX BONDS THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Public Financing Authority hereby approves that certain agreement entitled "Deposit Agreement" by and between the Temecula Public Financing Authority and Ashby USA dated as of March 6, 2007 with such changes in said documents as may be mutually agreed upon by the parties, the Executive Director, Bond Counsel, and City Attorney as are in substantial conformance with the form of such agreements as presented to the Authority. The Chairman is hereby authorized to execute said Agreements on behalf of the Authority. Section 2. The Executive Director (or his designee), is hereby authorized, on behalf of the Authority, to take all actions necessary and appropriate to carry out and implement the Agreements and to administer the Authority's obligations, responsibilities and duties to be performed under the Agreements. Section 3. The Authority Secretary shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 6th day of March, 2007. Chuck Washington, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 6tl'day of March, 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary The Agreement will be submitted under separate cover on Monday, March 5, 2007 COUNCIL BUSINESS Ii - I. ITEM NO. 14 I I Approvals City Attorney Director of Finance City Manager pu.f"" IJIZ GO-.- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: March 6, 2007 SUBJECT: Adoption of Resolution Initiating Annexation Proceedings for the Santa Margarita Ecological Reserve area PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS CONCURRENTL Y FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AS THE SANTA MARGARITA ECOLOGICAL RESERVE AND SURROUNDING AREAS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE EXTENSION OF THE CITY'S SPHERE OF INFLUENCE TO MATCH THE ANNEXATION BOUNDARIES 2. Direct staff to prepare and submit an application and associated materials for annexation to the Local Agency Formation Commission ("LAFCO"). BACKGROUND: The City Council directed staff to study the feasibility of annexing the Santa Margarita Ecological Reserve and surrounding areas (collectively "Annexation Area"). The Council expressed a desire to acquire open space lands that surround the City consistent with the City's General Plan policies, to have local control of the Annexation Area, and to provide municipal services to the Annexation Area. Furthermore, in annexing the Annexation Area, which represents a valuable heritage to the City, the City would be incorporating lands that are archaeologically significant to the City. The first formal step in the annexation process is the adoption of a Resolution of Application, which initiates the annexation process. Following this action by the City Council, staff will begin the preparation of an Initial Environmental Study as mandated by the California Environmental Quality Act ("CEQA"). The I nitial Study will determine the environmental process the City must take to file an application with LAFCO. After the final environmental action is taken by the City Council, staff will file the formal application and supporting materials with LAFCO. As part of the annexation application, the City must also concurrently file an application for the amendment of the City's sphere of influence. A "sphere of influence" is defined as a "plan for the probable physical boundaries and service area of a local government agency." The proposed Annexation Area is not within the City's current sphere of influence. An adopted sphere of influence is one of several factors that LAFCO must consider in reviewing an annexation proposal. Therefore, staff recommends that an application for a sphere of influence amendment to match the annexation boundaries be submitted concurrently with the application for annexation of the Annexation Area. The attached resolution also provides for the application of the sphere of influence amendment. FISCAL IMPACT: Staff estimates that the LAFCO, State, and miscellaneous filing fees will amount to $17,500. There are sufficient savings within the Planning Department's budget to cover these costs and no new appropriations are necessary. Further, there will be additional costs associated with the environmental documentation. Funds have already been set aside by the City Council to cover these costs. Staff will bring back the contract to the Council for final approval. The long term fiscal impacts associated with the Santa Margarita Ecological Reserve area are currently under review. Staff has contracted for a fiscal impact study to assess the City of Temecula's entire sphere of influence as part of the currently State mandated Municipal Services Review. The proposed Annexation Area will be studied as part of that review. In general, staff believes that the fiscal impact to the City will be minimal because the area is largely uninhabited open space. The State of California, the Federal Government, and the San Diego State University own approximately 83% of the proposed Annexation Area. Miscellaneous ownerships account for the remainder of the properties. ATTACHMENTS: 1 City Council Resolution No. 07- 2 Exhibit "A" -Map of Annexation Area RESOLUTION NO. 07- A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS CONCURRENTLY FOR THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AS THE SANTA MARGARITA ECOLOGICAL RESERVE AND SURROUNDING AREAS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE EXTENSION OF THE CITY'S SPHERE OF INFLUENCE TO MATCH THE ANNEXA TION BOUNDARIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A The City of T emecula ("City") desires to initiate a proposal pursuant to the Cortese-Knox-Hertzberg Local Govemment Reorganization Act of 2000, commencing with Section 56000 ofthe California Government Code, for the annexation of certain uninhabited territory described herein as the Santa Margarita Ecological Reserve and Surrounding Areas (also collectively referred to as "Annexation Area") to the City of Temecula and the Temecula Community Services District and the ex1:ension ofthe City's sphere of influence to match the annexation boundaries. B. Notice ofthe intent to adopt this resolution of application has not been given to the Commission, any interested party or subject agency prior to the adoption ofthis Resolution. C. The territory proposed to be annexed to the City of Temecula and the Temecula Community Services District is uninhabited, and a description of the boundaries ofthe territory is set forth in Exhibit A, attached hereto and by this reference incorporated herein. D. This proposal is currently not consistent with the sphere of influence ofthe City of Temecula and the Temecula Community Services District, and therefore, the City and the Temecula Community Services District desires to initiate concurrently a sphere of influence amendment that matches the annexation boundaries with the application for annexation. E. The City Council reserves the right to negotiate with the Commission the terms 1 and conditions to the proposed concurrent annexation ofthe Santa Margarita Ecological Reserve and Surrounding Areas to the City of Temecula and the Temecula Community Services District and the proposed concurrent sphere of influence amendment. F. TIle reasons for the proposed concurrent annexation ofthe Santa Margarita Ecological Reserve and Surrounding Areas to the City of Temecula and the Temecula Community Services District and the proposed concurrent sphere of influence amendment are as follows: (1) To enable the City to obtain local control ofthe Annexation Area; and (2) To enable the City provide municipal services to the Annexation Area. Section 2. The City Council ofthe City of T emecula hereby requests the Local Agency Fomlation Commission to take all proceedings necessary for the concurrent annexation of certain uninhabited territory described herein as the Santa Margarita Ecological Reserve and Surrounding Areas to the City of Temecula and the Temecula Community Services District and the concurrent sphere of influence amendment to match the annexation boundaries, as described in Exhibit A, according to the terms and conditions stated above and in the manner provided by the Cortese-Know-Hertzberg Local Government Reorganization Act of2000. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of March, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 2 I, Susan W. Jones, CMC, City Clerk of the City of Temecula, Califomia, do hereby certify that Resolution No. 07- was duly and regularly adopted by the City Council ofthe City ofT emecula at a meeting thereof held on the day of March, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk 3 EXHIBIT A DESCRIPTION OF SANTA MARGARITA ECOLOGICAL RESERVE ANNEXATION AREA 4 , ~\\~P "\::::::::~:..:. .. .~~...:.: ..\.;.A::,/, ..:~. .:: Af::S::\: Santa Margarita Ecological Reserve Annexation Area I~ >.~, 1\ >-? "~:<~\ : ,~::,; :::::::::.:::::.::::..::::;:::.:~<:>&. Fl"\l\ \ J '~\ n j~"".>A. ~ .do... ~,j, ) M ~ -~ ~::::~. \,,::::::::~.::: . :'.::;:Kr;.;~:::.):: \ \'\./"'L,--r ~ ~ ~ \....... J ~~ - / y' x-..:..~<-:::: ::: ',:. :::.:'v.::::-:":: ..<:::::: .::: ~"../1 '.J-- -,::r ~1 --..... 11fi-/~ \\"-, ~ '/ \:hiF:::::::\ .::'::.'.: '.:' ::: :::: .... ~ r- \ \ ,.-\ ~ t:::1 r-------.. -'rrr 0.--" .{;X .. ..F~ )!.-1 .1 ~-r ~ ~ -;f? c------\\--<\f~ ;'; <::::::::/:(. .... . .::;:;;:: :::::.::".:: '- r--., ~ ~ ~ff" ~...;/l '/ '::::.::.' (\" ..:::::... .~. ......:..:.: PJ\ '- ~ HV:----' ~ l / j ~.<}X. ........... . r-- ~'l Sjl~~ ,,:/::: ::::>:':\,:~:::::::::::::::::': '" 7' ! ~ - I ~.. """ "'''''., "\ "",...'''''''' . ~ ""- ~...!l: 1': \:\<...................U II '~~~ "::::::::::::: ::::.. "l, V-- . ~~ ~</\jj" ~ -1 1\~( iJ~ 1 ;// /It. 'l.(\L 1ifA~ <I t 1/ II" ~~ - ___..Ff//}1j.:::::. ~ - - - ul L RiversiJ County ~ ~ San Diego County February 27, 2007 ~ ~ ~santa Margarita Ecological Reserve Annexation Bour ~ ~ .... City of Temecula Coporate Limits Riverside County Boundry 0 350 700 1,400 2,100 2,80FOeet DParce's