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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
MARCH 18, 2008 - 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6:00 P.M. -Closed Session of the City Council/Redevelopment Agency pursuant
to Government Code Section:
1. Conference with City Attorney and legal counsel pursuant to Gavernment
Code Section 54957.6 with respect to labor negotiations. The negotiating
parties are the City of Temecula and California Teamsters Public, Professional,
and Medical Employees Union Local 911. City negotiators are Shawn Nelson,
Aaron Adams, and Grant Yates.
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: 08-02
Resolution: 08-30
CALL TO ORDER: Mayor Mike Naggar
Prelude Music: To be announced
Invocation: Pastor Felicia Brown of Imani Church of God in Christ
Flag Salute: Council Member Comerchero
ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar
1
PRESENTATIONS/PROCLAMATIONS
Certificate of Achievement presented to Brent Plyler for attaining the rank of Eagle Scout
Certificate of Achievement presented to Andrew Sew for attainina the rank of Eaale Scout
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 an the agenda, a
pink "Request to Speak" farm 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"
farm must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute {5) time limit for individual speakers
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten {10) minutes will be devoted to these reports
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the City Council request specific items be removed from the Consent Calendar for
separate action
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of February 12, 2008;
2.2 Approve the minutes of February 26, 2008.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 08-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report as of January 31, 2008
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of January 31, 2008.
5 Old Town Police Department Storefront Lease
RECOMMENDATION:
5.1 Approve an additional allocation of $26,816.00 with D.L. Phares & Associates for
the lease of the Police Department Old Tawn Storefront to complete the term of the
lease which expires February 1, 2009.
6 Acceptance of Grant Deed for Wolf Creek Park
RECOMMENDATION:
6.1 Authorize acceptance of the Grant Deed for the Wolf Creek Park, located in the
Wolf Creek development and direct staff to proceed with the necessary actions to
cause the deed to be recorded.
7 Completion and Acceptance of the Interstate-15 Sign Replacement-Temecula Parkway
Name Addition to Highway 79 South, Protect No. PW06-13
RECOMMENDATION:
7.1 Accept the construction of the Interstate-15 Sign Replacement-Temecula Parkway
Name Addition to Highway 79 South, Project No. PW06-13, as complete;
7.2 Direct the City Clerk to file and record the Notice of Completion.
8 Award a Construction Contract for the Old Town Infrastructure Project (Town Square and
Mercedes & Main Street Improvements) -Protect No. PW06-07
RECOMMENDATION:
8.1 Award a construction contract for Project No. PV1l06-07, the Old Town Infrastructure
Project (Town Square and Mercedes & Main Street Improvements} to L H
Engineering Company, Inc. in the amount of $3,458,495.00 and authorize the Mayor
to execute the contract;
8.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $345,849.50 which is equal to 10% of the contract amount.
RECOMMENDATION:
9.1 Approve Parcel Map No. 34711 in conformance with Conditions of Approval;
9.2 Approve the Subdivision Improvement Agreement and accept the Faithful
Performance and Labor and Materials Bonds as security for the agreement;
9.3 Apprave the Subdivision Monument Agreement and accept the Monument Bond as
security for the agreement.
10 Declaration of Intention to Conditionally Vacate Portions of Ynez Road and Setting a Public
Hearing Thereon (Abbott Cardiovascular Systems, Inc., Applicant}
RECOMMENDATION:
10.1 Adopt a resolution entitled:
RESOLUTION NO. 08-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DECLARING ITS INTENTION TO CONDITIONALLY VACATE PORTIONS OF
YNEZ ROAD AND SETTING A PUBLIC HEARING THEREON {ABBOTT
CARDIOVASCULAR SYSTEMS, INC., APPLICANT)
11
RECOMMENDATION:
1 1.1 Award a construction contract far Project No. PW06-07 {1 B), the Underground Utility
District Rule 20B to Herman Weissker, Inc. in the amount of $129,077.99 and
authorize the Mayar to execute the contract;
11.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $ 12,908.00 which is equal to 10% of the contract amount.
12 Professional Service Agreement for an Update of the City's Pavement Management Program
- Project No. PW07-11
RECOMMENDATION:
12.1 Approve an Agreement with Willdan to provide professional engineering services
associated with an update of the City's Pavement Management Program, Project
Na. PW07-11, in the amount of $66,915.00 and authorize the Mayor to execute the
Agreement;
12.2 Authorize the City Manager to approve Extra Wark Authorizations not to exceed the
contingency amount of $6,691.00, which is equal to 10% of the Agreement.
13 Purchase and Sale Agreement for certain property rights on vacant land identified as APN
961-010-022 located on Pechanga Parkway, Temecula
RECOMMENDATION:
13.1 Approve substantially in the form attached hereto the Purchase and Sale
Agreement between the City of Temecula and Arthur and Julia Gaitan Trustees of
the Gaitan Family Trust Dated June 18, 1993 ("Gaitan"}, for the purchase of an
approximate 15,624 square foot permanent easement an vacant land located an
Pechanga Parkway, Temecula {APN 961-010-022) for the widening of Pechanga
Parkway at a purchase price of $229,450.00 plus escrow fees;
13.2 Authorize the City Manager to execute the Purchase and Sale Agreement, approve
and execute any necessary documents and to take all necessary actions to
complete this acquisition, including without limitation, all escrow instructions.
14 Purchase and Sale Agreement for certain property rights on the property located at 41351
Armada Place for improvements to Butterfield Stage Road and Rancho California Road
RECOMMENDATION:
14.1 Approve in substantially the form attached hereto the Purchase and Sale
Agreement between the City of Temecula and Rueben and Jennifer Calixto,
Trustees of the Calixto Family 2003 Trust ("Calixtos"} for the purchase of an
approximate 37,627 square foot grading easement plus improvements, for the
proposed improvements to Butterfield Stage Raad, and an approximate 4,250
square foot easement area consisting of an approximate 2,750 square foot area far
grading and an approximate 1,500 square foot area for temporary construction
purposes for the proposed improvements to Rancho California Road east of
Butterfield Stage Road an the real property commonly known as 41351 Armada
Place, Temecula ("Calixto Property"), at a purchase price of $1,200,000 plus
escrow fees;
14.2 Authorize an advance of General Fund Reserves in the amount of $1,200,000 to
cover the cost of the property interests plus additional funds for the associated
escrow fees.
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CSD PUBLIC COMMENTS
A total of 15 minutes is provided sa members of the public may address the Board of
Directors an items that are not listed an the agenda ar an the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5} minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
15 Minutes
RECOMMENDATION:
15.1 Approve the minutes of February 26, 2008.
16 Ratification of Election Results -Service Level C Various Zones Citywide
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 08-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, RECITING
THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT
MAIL-IN BALLOT ELECTION HELD ON MARCH 4, 2008 DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
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 nat listed on the agenda or an the Consent
Calendar. Speakers are limited to twa {2) minutes each. If you decide to speak to the
Board of Directors on an item nat 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 came 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
far 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 came
forward and state your name and address for the record
RDA CONSENT CALENDAR
17 Minutes
RECOMMENDATION:
17.1 Approve the minutes of February 26, 2008.
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
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 oppasitian 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 ta, the public hearing
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, March 25, 2008, 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.
PROCLAMATIONS
AND
PRESENTATIONS
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CONSENT CALENDAR
ITEM NCB. 1
ITEM NCB. 2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
FEBRUARY 12, 2008
The City Council convened in Closed Session at 6:15 p.m. and its regular meeting commenced
at 7:07 p.m., on Tuesday, February 12, 2008, in the City Council Chambers of Temecula City
Hall, 43200 Business Park Drive, Temecula, California.
Present: Council Members: Comerchero, Edwards, Roberts, Washington and
Mayor Naggar
Absent: Council Members: None.
PRELUDE MUSIC
The prelude music was provided by Show Choir with Dean Aamodt
I NVOCATIO N
The invocation was provided by Pastor Larry Koger of Hope Lutheran Church
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Roberts
State of the Utility Address Presentation by Southern California Edison lSCE
Mr. Viet Tran, Regional Public Affairs Manager for Southern California Edison, provided a brief
report (as per handout}.
PUBLIC COMMENT
A. Mr. Matthew Brown, representing the Public Service Law Corporation, spoke regarding a
newly opened clinic in Temecula that will provide legal services to those individuals who cannot
afford an attorney with respect to family law, landlord/tenant issues, marital dissolutions,
guardianship and conservator cases.
Council Member Washington thanked Mr. Brown for bringing this service to the residents of
Temecula and encouraged residents to take advantage of this opportunity.
Assistant City Manager Adams advised that this information will be available on the City's
website as well as the cable channel.
B. Representing the Temecula Valley Unified School District Governing Board, Ms.
Barbara Tooker and Stewart Morris relayed their concerns with the needed School District
budget cuts and requested the support of the City Council in its distribution of letters to
legislators, encouraging that school budgets not be cut and reiterate the negative affects of the
such budget cuts.
R:IM i n utes1021208
CITY COUNCIL REPORTS
A. With respect to a recent tragedy at a City Council meeting in St. Louis, Council Member
Washington requested that precautionary measures at the City's new Civic Center be
implemented to ensure the safety of the public, staff, and City Council.
To ensure an economically successful and viable community, Council Member
Washington recommended the creation of a Quality of Life Master Plan that would encompass
the following:
• Tourism
• Higher Education
• Redevelopment Corridor Development
• Land Use Planning
• Aviation
• Business Attraction and Retention
Mayor Washington requested that this matter be discussed at a future City Council
meeting.
B. Echoing Council Member Washington's comments, Council Member Roberts relayed his
full support of creating a Quality of Life Master Plan that will focus on quality of life for the future.
Noting his disappointment with the needed School District budget cuts, Council Member
Roberts questioned the State funding of certain projects and encouraged citizens to express
their opposition of the proposed cuts.
Advising that he had an opportunity to serve on a board with one of the victims of St.
Louis tragedy, Council Member Roberts extended his condolences to the family.
C. Reiterating the negative affects of the school budget cuts, Mayor Pro Tem Edwards
advised that she will be writing a letter to legislators in Sacramento and encouraged the citizens
to do the same.
Relaying her excitement with the new Civic Center, Mayor Pro Tem Edwards informed
the community on how the City will be pursing an environmentally sound and a "green project"
environment. Mayor Pro Tem Edwards requested that staff inquire as to how many City
businesses are currently green projects and/or will become green projects in the future.
D. With respect to the higher education, Mayor Washington requested that City Manager
Nelson schedule a meeting with the Higher Education Subcommittee to discuss the
implementation process in an effort to bring this project to fruition.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
R:1Mi n utes102'I 208
2
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of January $, 2008.
Council Members Roberts and Washington abstained with regard to this Item.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 08-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report as of December 31, 2007
RECOMMENDATION:
4.1 Apprave and file the City Treasurer's Report as of December 31, 2007.
5 Property Insurance Renewal
RECOMMENDATION:
5.1 Approve the City of Temecula Property Insurance Policy renewal with Travelers
Insurance Company and Empire Indemnity Company for the period of February 26,
2008 through February 26, 2009, in the amount of $225,222.
6 Authorization to proceed with establishing an irrevocable trust v+rith California Public
Employees Retirement System (CaIPERS) for retiree benefits
RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 08-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
PROVIDING FOR THE DELEGATION OF AUTHORITY TO REQUEST
DISBURSEMENT PURSUANT TO THE CITY'S AGREEMENT WITH THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR
PREFUNDING OF CERTAIN POST EMPLOYMENT BENEFITS
6.2 Adopt a resolution entitled:
R:IMinutes1021208
3
RESOLUTION NO. 08-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMENT TITLED "AGREEMENT AND
ELECTION OF THE CITY OF TEMECULA TO PREFUND OTHER POST
EMPLOYMENT BENEFITS THROUGH CaIPERS"
6.3 Approve and file the City of Temecula Retiree Health Care Plan, Actuarial Valuation
Report, as of June 30, 2007, prepared by Gabriel Roeder Smith & Company,
Consultants & Actuaries, and the supplemental ARC {Annually Required
Contribution} projected each year;
6.4 Approve an appropriation of $3,572,029 to operating transfers out from General
Fund Designated Fund Balance to establish the trust;
6.5 Approve all related CaIPERS documents to facilitate the funding, investment
management and administration of Other Post Employment Benefits.
7 First Amendment to the Agreement for Consultant Services between the City of Temecula
and Environmental Science Associates for preparation of a Supplemental Environmental
Impact Report for Planning Application No. PA07-0335
RECOMMENDATION:
7.1 Approve the First Amendment to the Agreement with Environmental Science
Associates, in the amount of $126,200 far the preparation of a Supplemental
Environmental Impact Report for the Mercedes Benz Automobile Dealership,
Planning Application Number PA07-0335.
8 Santa Margarita Area Annexation Update - at the request of Mayor Naggar
RECOMMENDATION:
8.1 Receive and file the report.
9 First Amendment to Agreement for Consulting Services between the City of Temecula and
PlanNet Consulting for the Old Town Civic Center IS Master Plan
RECOMMENDATION:
9.1 Approve an amendment to the Agreement for consulting services for the Old Town
Civic Center IS Master Plan in the amount of $95,784 and authorize the Mayor to
execute the amendment.
10 Completion and Acceptance of Wolf Creek Fire Station Project, Project Number PW01-11
RECOMMENDATION:
10.1 Accept the construction of the Wolf Creek Fire Station, Project No. PW01-11 as
complete;
R:1Mi n utes102'I 208
4
10.2 Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one {1) year Maintenance Bond in the amount of
10% of the contract amount;
10.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion if no liens have been filed.
11 Old Town Infrastructure Project -Underground Utility District, PW06-07 (1 B}, Authorization to
Solicit Construction Bids
RECOMMENDATION:
1 1.1 Authorize the Department of Public Works to solicit construction bids for Rule 20B
portion of Project No. PW06-07(1 B}, Old Town Infrastructure Project -Underground
Utility District.
12 City Council Meeting Schedule -March 2008
RECOMMENDATION:
12.1 Direct the City Clerk to re-schedule the City Council meeting of March 11, 2008 to
March 18, 2008, and to perform the appropriate postings and noticing requirements
of the Government Code.
13 RDA/Old Town Steering Committee
RECOMMENDATION:
13.1 Appoint Council Member Roberts and remove Council Member Comerchero from
the RDA/Old Town Steering Committee.
14 First Amendment to Fiscal Year 2007-2008 Annual Maintenance Contract
RECOMMENDATION:
14.1 Approve the First Amendment to the Fiscal Year 2007-2008 Annual Maintenance
Contract with Becker Construction Services, in the amount of $200,000 and
authorize the Mayor to execute the amendment.
15 First Amendment to Fiscal Year 2007-2008 Citywide Maintenance Contract
RECOMMENDATION:
15.1 Approve the First Amendment to the Fiscal Year 2006-2007 Annual Citywide
Routine Maintenance Contract with Imperial Paving Company, Inc. in the amount of
$200,000 and authorize the Mayor to execute the amendment.
16 Murrieta Creek Flood Control Environmental Restoration and Recreation Project -Phase II -
at the request of Mayor Pro-Tem Edwards
RECOMMENDATION:
16.1 Adopt a resolution entitled:
R:IMinutes1021208
5
RESOLUTION NO. 08-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO
SUPPORT THE MAYOR PRO-TEM TO TRAVEL TO WASHINGTON, D.C. TO
MEET WITH FEDERAL LEGISLATORS AND REQUEST AN ADDITIONAL
APPROPRIATION OF $13 MILLION TO COMPLETE PHASE II OF MURRIETA
CREEK IMPROVEMENTS
17 First amendment to Agreement for Professional Engineering Design Services for the
Pavement Rehabilitation -STPL Project PW06-14
RECOMMENDATION:
17.1 Approve the first amendment to the Agreement with Harris & Associates for the
Pavement Rehabilitation -STPL Project No. PW06-14, in the amount not to exceed
$29,130 and authorize the Mayor to execute the amendment.
18 Authorize Temporary Street Closures for the 2008 Temecula Spring Rod Run Event (Old
Town Front Street, between Moreno Road and Second Street, and other related streets)
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 08-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING STREET CLOSURES FOR THE 2008 TEMECULA SPRING ROD
RUN EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT
FOR THIS SPECIFIC SPECIAL EVENT
19 First Amendment to the Professional Services Agreement with KRW & Associates for Plan
Check, Map, and Legal Description Review
RECOMMENDATION:
19.1 Approve the First Amendment to the Professional Services Agreement with KRW &
Associates in an amount not to exceed $15,000 for Engineering Plan Check, Map,
and Legal Description Review, and authorize the Major to execute the Amendment
to the Agreement.
20 Conveyance of Redevelopment Owned Property to the City of Temecula
RECOMMENDATION
20.1 Authorize staff to convey three Agency owned properties in Old Town to the City of
Temecula: APN's 922-034-029, 030, and 031, located along the north side of Main
Street, west of Mercedes Street, and APN 922-042-004 and 005 located at the SEC
of 3rd Street and Mercedes Street;
20.2 Authorize the City Manager to accept a grant deed on behalf of the City and take all
other necessary action relating to the conveyance of the property.
R:IM i n utes1021208
21 Second Reading of Ordinance Na. 08-01
RECOMMENDATION:
21.1 Adopt an Ordinance entitled:
ORDINANCE NO. 08-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA FROM
PROFESSIONAL OFFICE (PO) AND PLANNED DEVELOPMENT OVERLAY
(PDO-8) TO PLANNED DEVELOPMENT OVERLAY-9 (PDO-9) AND ADDING
SECTIONS 17.22.200 THROUGH 17.22.206, TO THE TEMECULA MUNICIPAL
CODE FOR A SITE GENERALLY LOCATED ON THE NORTH SIDE OF
HIGHWAY 79 SOUTH, APPROXIMATELY 700 FEET WEST OF MARGARITA
ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 959-080-001
THROUGH 959-080-004 AND 959-080-007 THROUGH 959-080-010 (PA07-0199),
AND RESCINDING ORDINANCE NO. 06-01
Council Member Comerchero advised that because he is no longer the Chairperson for the
Redevelopment Agency, he will no longer be serving on the Old Town sub-committee for
Calendar Year 2008; noting that Council Member Roberts will be serving as Chairperson for the
Redevelopment Agency.
MOTION: Council Member Washington moved to approve Consent Calendar Item Nos. 1-7
and 9-21 (Item No. 8 was pulled for separate discussion; see below}. Council Member Roberts
seconded the motion and electronic vote reflected approval with the exception of Council
Members Roberts and Washington who abstained on Consent Calendar Item 2.
8 Santa Margarita Area Annexation Update - at the request of Mayor Naggar
RECOMMENDATION:
8.1 Receive and file the report.
Principal Planner Brown provided a staff report (of record).
Mayor Washington thanked Mr. Brown for his report and requested an update to this proposal in
two months.
Council Member Comerchero thanked all those involved in moving this proposal fan~vard.
MOTION: Council Member Washington moved to receive and file No. 8. Mayor Naggar
seconded the motion and electronic vote reflected unanimous approval.
At 7:53 p.m., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 8:28 p.m., the City Council resumed with regular business.
R:IM i n utes1021208
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
29 Approval for leaving an assessment for Fiscal Year 2008-2009 in connection with the
Temecula Valley Tourism Business Improvement District (TVTBID};
RECOMMENDATION:
29.1 Conduct a public hearing to consider protests regarding the levy of an assessment
in conjunction v+rith the Temecula Valley Tourism Business Improvement District;
29.2 Instruct the City Clerk to tabulate any written protests which might be received prior
to the close of the public hearing regarding the formation of the proposed District.
29.3 If the City Clerk reports that there is not a majority protest received regarding this
District, then adopt a resolution entitled:
RESOLUTION NO. 08-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
LEVYING AN ASSESSMENT FOR FISCAL YEAR 2008-09 IN CONNECTION
WITH THE TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT {TVTBID}
Revenue Manager Graciano provided the City Council a staff report (of record).
Representing the Temecula Valley Convention and Visitors Bureau, Mr. Dennis Ferguson,
Chairman of the Board, Dennis Ferguson, highlighted on successes of the Visitors Bureau's far
Calendar Year 2007:
• That the bureau received 30,000 tourism related phone calls and over 28,000 walk-ins
• That the bureau supported over 200 media inquiries
• That the bureau supported Temecula with over 28 events and festivals
• That 60,000 visitor guides were distributed to prospective visitors, community
businesses, leisure travelers, and group inquiries
• That the bureau handed out visitor guides at trade shawl and familiarization tours
• That the visitors guide also had a presence in the majority of Temecula hotels
• That the lodging industry generated over $49.5 million dollars in hotel room revenue and
occupancy rates in Temecula averaged in the mid-70°l0; noting that Temecula was
consistently higher than San Diego, North San Diego, Orange County, Santa Barbara,
Palm Springs, Napa Valley, and California
• That the average room rate increased from $102 dollars in 2006 to $108 dollars in 2007
• That overall, approximately 457,000 visitors stayed in Temecula hotels in 2007,
averaging 38,000 visitors each month
• That the Convention Visitors Bureau {CVB) increased room bookings by 6,700 room
nights in Temecula on current room inventory; and 21,000 room nights on new room
inventory with a total increase of just under 28,000 roam nights
• That the bureau marketed aver 700 special events throughout the year
R:IM i n utes1021208
Thanking the City of Temecula and lodging partners for its ongoing support of the Tourism
Improvement District and marketing efforts, Mr. Ferguson advised that the Convention Visitors
Bureau (CVB) will continue to strengthen its position through advertising, marketing, travel
shows, tours, and special events; and noted that the CVB will da its part as a major driver for
economic development far the City of Temecula.
In response to Council Member Comerchero's question, Mr. Ferguson stated that it would be his
opinion that the hotels unanimously concur with the levying of this assessment.
For the City Council, City Attorney Thorson advised that if any hotels were to protest the
proposed levy, this meeting would be the opportunity to do sa, Hating that protests may be
expressed on a yearly basis.
At this time, the public hearing was opened and due to no speakers, it was closed.
MOTION: Council Member Washington moved to approve Item No. 29. Council Member
Roberts seconded the motion and electronic vote reflected unanimous approval.
CITY MANAGER REPORT
No reports at this time.
CITY ATTORNEY REPORT
With respect to Closed Session, City Attorney Thorson advised that there was no formal action
to report but advised that the City Council provided direction to staff with respect to the labor
negations and that the final action will be brought forward to the City Council in open session.
ADJOURNMENT
At 8:28 p.m. the City Council meeting was formally adjourned to Tuesday, February 26, 2008, 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.
Mike Naggar, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R:IM i n utes1021208
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
FEBRUARY 26, 20Q$
The City Council meeting convened at 7:00 p.m., an Tuesday, February 26, 2008, in the City
Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California.
Present: Council Members: Comerchero, Edwards, Washington, Mayor Naggar
Absent: Council Members: Roberts
PRELUDE MUSIC
The prelude music was provided by Kimberly Pike, Kelsey Miller, and Karen Kim
I NVOCATIO N
The invocation was provided by City Manager Nelson
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Mayor Pro Tem Edwards
PRESENTATIONSIPROCLAMATIONS
Temecula Reads J Temecula Writes Proclamation
On behalf of the City Council and City of Temecula, Mayor Naggar proclaimed the period
between March 2nd and April 27th, 2008, to be identified as Temecula Reads / Temecula
Writes.
On behalf of the Friends of the Temecula Library, Ms. Mellman and Ms. Weersing thanked the
City Council for the recognition and apprised the citizens of Temecula of the Temecula Reads!
Temecula Writes program.
Can Do Day Proclamation
In order to encourage and inspire new expressions of the Can Do Spirit, Mayor Naggar, on
behalf of the City Council, proclaimed March 3, 2008, to be Can Do Day.
In acceptance of the proclamation, Mr. Peters thanked the City Council for the recognition and
invited the City Council to attend a special reception on March 22, 2008. Mr. Peters also
provided a brief update with respect to the monument and its funding process that will be placed
at the Ronald Reagan Sports Park.
Presentation to Exchange Students Traveling to our Sister City Leidschendam-Voorburg
In an effort to offset the tremendous costs associated with traveling to Leidschendam-Voorburg,
Mayor Naggar presented the following students with a check for $200:
• Enrique Arrellano
• Jonathan Buehler
R:IMinutes1022608
• Aaron Borgeson
• Luke Carnesecca
• Chelsea Cohen
• Breanna Fleckenstein
• Jessica Gallup
• Anthony Monteforte
• Brittany Montano
• Meghann MacCullough
• Karl Pruhsmeier
• Kristopher Riegle
• Kathryn Reynolds
• Hoyle Walker
• Josh Williams
• Alex Vanderpool
• Daniel Vanderpool
PUBLIC COMMENT
A. Mr. Matt Rahn, representing San Diego State University, spoke in full support of the
proposed annexation process, but expressed concern with the mischaracterization by the Press
Enterprise.
B. Ms. Christine, Welch, Temecula, referenced articles in the Press Enterprise with respect
to the Vagina Monologue and reiterated her concern with the production in the City of
Temecula.
For Ms. Welch, Mayor Naggar advised that the City Attorney is currently working on a policy
with respect to dealing with productions that may not be suitable for all viewers.
C. Mr. Chris Pedersen, Temecula, expressed concern with the Press Enterprise's articles
and its ability to withhold clear, concise, and accurate information from its readers.
CITY COUNCIL REPORTS
A. Advising that he had an opportunity to attend the Temecula Valley Chamber of
Commerce 42"°` Annual Gala Awards Ceremony, Council Member Washington congratulated
the chamber for its leadership and commended its volunteers on making the event a success.
Referencing an article in the Californian regarding the City's Reverse 911, Council
Member Washington made some clarifications as to its implementation process and registration
procedure.
B. As part of membership for the /National League of Cities, Mayor Pro Tem Edwards
advised that several City Council Members will be traveling to Washington, D.C. in March, 2008,
and will be lobbying on behalf of funding for the Murrieta Creek improvements with the Army
Corps of Engineers and legislators in Washington to emphasize the need to complete Phase II
of the creek.
R:1Mi n utest022608
2
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of January 22, 2008.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 08-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Approval of 2007-08 Mid-Year Budget Adjustments
RECOMMENDATION:
4.1 Adapt a resolution entitled:
RESOLUTION NO. 08-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, AMENDING THE FISCAL YEAR 2007-2008 ANNUAL OPERATING
BUDGET
4.2 Adopt a resolution entitled:
RESOLUTION NO. 08-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, REVISING THE SCHEDULE OF AUTHORIZED POSITIONS
5 Second Amendment to Contract with Meyer & Associates
RECOMMENDATION:
5.1 Approve the second amendment to the agreement with Meyer & Associates in the
amount of $47,540, plus 10% contingency of $4,754.
R:IMinutes1022608
3
6 Acceptance of a Utility Easement Deed and Grant Deeds for Open Space Lots
RECOMMENDATION
6.1 Authorize acceptance of the Grant Deed for Open Space Lot 75 of Tract 24188
known as Meadows Park and direct staff to proceed with the necessary actions to
cause the grant deed to be recorded;
6.2 Authorize acceptance of the Utility Easement Deed for Open Space Lat 79 of Tract
24188 and direct staff to proceed with the necessary actions to cause the easement
deed to be recorded;
6.3 Authorize acceptance of the Grant Deed of Open Space Lots 11 and 12 of Tract
31344 and direct staff to proceed with the necessary actions to cause the deed to
be recorded.
7 Second Amendment to the Animal Shelter JPA Agreement
RECOMMENDATION:
7.1 Approve the Second Amendment to the JPA Agreement relating to the Southwest
County Animal Shelter.
8 Resolution Supporting Governor Schwarzenegger's Continued Funding of Proposition No. 98
at current levels to benefit California's Students (at the request of Mayor Pro Tem Maryann
Edwards
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 08-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
RESOLUTION SUPPORTING GOVERNOR SCHWARZENEGGER'S CONTINUED
FUNDING OF PROPOSITION NO. 98 AT CURRENT LEVELS TO BENEFIT
CALIFORNIA'S STUDENTS
9 Amendment No. 2 to Western Riverside County Regional Conservation Authority Joint
Powers Agreement
RECOMMENDATION:
9.1 Approve Amendment No. 2 to the Western Riverside County Regional Conservation
Authority Joint Powers Agreement.
R:1Mi n utest022608
4
10
RECOMMENDATION:
10.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids far the Citywide Concrete Repairs - FY 2007-08, Project
No. PW08-01.
11 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for
the Slurry Seal Project - FY 2007-08, Paloma del Sol Area, Project No. PW08-02
RECOMMENDATION:
1 1.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Slurry Seal Project FY 2007-08, Paloma del Sol
Area, Project No. PW08-02.
12 Reimbursement of Development Impact Fees pursuant to Temecula Municipal Code Section
15.06.200 (BRSC, LLC; Butterfield Ranch Shopping Center and Self Storage; Parcel Map
N o . 33545)
RECOMMENDATION:
12.1 Approve the BRSC, LLC Reimbursement of Development Impact Fees (DIF)
between the City of Temecula and BRSC, LLC, in the amount of $189,570.75 and
authorize the Mayor to execute the agreement.
13 Parcel Map Na. 33421, Temecula Corporate Center
RECOMMENDATION:
13.1 Approve Parcel Map No. 33421 in conformance with the Conditions of Approval;
13.2 Approve the Subdivision Monument Agreement and accept the Monument Cash
Deposit as security for the agreement.
14 Proposition 1 B (Transportation Bond} Allocations and Funding Proposals
RECOMMENDATION:
14.1 Approve the attached Proposition 1 B Local Streets and Roads Funding Proposals
list for Fiscal Year 2007-08 and Fiscal Year 2008-09 and authorize staff to apply to
the State Department of Finance for release of $1,575,218 in Proposition 1 B funds
for these projects;
14.2 Amend the approved FY 2007-08 Public Works Maintenance Division Budget for
Citywide Street Maintenance to reflect $750,000 of Proposition 1 B funding.
R:IMinutes1022608
5
15 Official Map, Old Town Civic Center Properties
RECOMMENDATION:
15.1 Adopt a resolution entitled:
RESOLUTION NO. 08-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING AN OFFICIAL MAP AND SUBDIVIDING PORTIONS OF BLOCKS 4,
5, 6, 7, 19 AND 20 AS SHOWN ON THE MAP OF THE TOWN OF TEMECULA IN
BOOK 15, PAGE 726 RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, IN
THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
16 First Amendment to the Professional Services Agreement with AEI-CASC Engineering for
Water Quality Management Plan (WQMP) Plan Check and Business Inspection Services
RECOMMENDATION:
16.1 Approve the First Amendment to the Professional Services Agreement with AEI-
CASC Engineering in an amount not to exceed $30,000.00 for Water Quality
Management Plan (WQMP) Plan Check and Business Inspection Services, and
authorize the Mayor to execute the Amendment to the Agreement.
17 Total Maximum Daily Load (TMDL) Lagoon Investigation Order -Memorandum of
Agreement (MOA) between Watershed Permittees
RECOMMENDATION:
17.1 Approve the Memorandum of Agreement with the United States Department of the
Interior, Bureau of Reclamation and authorize the Mayor to execute the agreement
on behalf of the City for the amount of $59,322.
18 Pechanga Parkway Phase II Street Improvements, Protect No. PW99-11 Approval of the
Plans and Specifications, and Authorization to Solicit Construction Bids
RECOMMENDATION:
1$.1 Approve the Plans and Specifications for the Project;
18.2 Authorize the Department of Public Works to solicit construction bids for Project No.
PW99-11, Pechanga Parkway Phase I I Street Improvements contingent on the City
receiving Construction Authorization from the Federal Highway Administration
(FHWA).
19 First Amendment to Security Agreement
RECOMMENDATION:
19.1 Approve the First Amendment with Securitas Security Services USA in an additional
amount of $14,000 for security services at Fire Station 95;
R:IMinutes1022608
19.2 Approve the First Amendment with 5ecuritas Security Services USA to include a
term extension through March 31, 2008.
MOTION: Council Member Comerchero moved to approve the Consent Calendar. Mayor Pro
Tem Edwards seconded the motion and electronic vote reflected approval with the exception
of Council Member Roberts who was absent.
At 7:46 p.m., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 8:32 p. m., the City Council resumed with regular business.
PUBLIC HEARING
28 Planning Application No. PA06-0340, a General Plan Land Use Map Amendment to amend
as Open Space areas, minimize "split" land use designations by correcting mapping errors,
revise Specific Plan Land Use designations based on recorded map date; and, to amend the
Community Design Element's Chaparral Policy Area to remove certain grading constraints
which are mitigated under the Western Riverside County Multi-Species Habitat Conversation
Plan
RECOMMENDATION:
28.1 Adopt a resolution entitled:
RESOLUTION 08-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA06-0340 TO AMEND THE
GENERAL PLAN LAND USE MAP BY IDENTIFYING THE USES ESTABLISHED
IN THE BUILT ENVIRONMENT, TO IDENTIFY WATER COURSES AS OPEN
SPACE AREAS, MINIMIZE "SPLIT' LAND USE DESIGNATIONS BY
CORRECTING MAPPING ERRORS, AND REVISE SPECIFIC PLAN LAND USES
BASED ON RECORDED MAP DATA
28.2 Adopt a resolution entitled:
RESOLUTION 08-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLANNING APPLICATION NO. PA06-0340 TO AMEND THE
GENERAL PLAN COMMUNITY DESIGN ELEMENT CHAPARRAL POLICY AREA
TO REMOVE CERTAIN GRADING CONSTRAINTS WHICH ARE MITIGATED
UNDER THE WESTERN RIVERSIDE COUNTY MULTI-SPECIES HABITAT
CONSERVATION PLAN
For the record, City Attorney Thorson advised that staff reviewed all homes and business
interests of the City Cauncil and that with the exception of one small item on the agenda, there
would be no conflicts among the City Council Members; noting that Council Member
Washington will be abstaining from the Meadowview portion of the General Plan Land Use Map
Amendment.
R:IMinutes1022608
By way of PowerPoint Presentation, Senior Planner Papp highlighted the fallowing aspects of
staff's report.
• Project Description
• Location
• Land Use Map Issues
• General Plan Land Use Map
o Chaparral High School
o Old Town
o Wolf Creek South
• Community Design Element
• Planning Commission
• Airport Land Use Commission
• Environmental Determination
• Recommendation
At this time, the public hearing was opened
A. Speaking on the Chaparral policy portion of the General Plan Amendment, Mr. Larry
Markham, Temecula, relayed his full support of moving forward with the plan.
B. Ms. Yvette Anthony, Temecula, relayed her full support of the proposed amendment to
the Chaparral policy.
C. Although in favor of the proposed amendment to the Chaparral policy, Mr. Kirk Wright,
Temecula, expressed concern with the elimination of the 25°lo slope in the amendment, advising
that this land would be one of the City's last natural terrains.
At this time, the public hearing was closed.
For the record, City Attorney Thorson advised that Mayor Naggar would not have a conflict of
interest with Item No. 28.
Senior Planner Papp advised that the following pertinent policies will remain intact:
• That no graded slopes will exceed a gradient of 2:1
• That the maximum vertical height of any graded slope will be 10 feet
• That contour grading will continue to be required
• That compliance with Multiple Species Habitat Conservation Plan (MSHCP} will ensure
that any areas that contain sensitive habitat or have sensitive species on them will be
avoided or mitigated
• That staff would be of the opinion that working with the developer on the site will allow
staff to control the grading on site ensuring that it meet the MSHCP policies; and ensure
that a good land use plan will be adopted on the site
• That the site in question would not be designated as a scenic vista; but that staff will be
focusing on the grading ensuring that it is done properly
Council Member Comerchero encouraged staff to work closely with the developer ensuring as
much preservation and conservation as possible.
R:1Mi n utest022608
8
With respect to the Chaparral policy, Assistant City Manager Johnson advised that contour
grading will be in affect; that he will ensure that the area will be graded in a sensitive manner;
and that the area will be replanted and irrigated properly.
At this time, Senior Planner Papp explained contour grading to the City Council.
Referencing Mayor Naggar's comments regarding useable pads (one-acre net useable} into the
Chaparral policy, Director of Planning Ubnoske noted that staff is clear an Council's direciton to
incorporate one-acre net useable pad into the Map; that the design guidelines will also be
brought forward with the Map; and that any future concerns could be addressed at or before the
next public hearing.
For the record, City Attorney Thorson advised that Council Member Washington will be
abstaining from the Meadowview General Plan policy portion of the General Plan Amendment.
MOTION: Council Member Comerchero moved to approve staff recommendation subject to the
imposition of the design guide elements and the net pad area as it would relate to grading and
useable space. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected
approval with the exception of Council Member Roberts who was absent and Council Member
Washington who abstained from the Meadowview General Plan Amendment policy.
DEPARTMENTAL REPORTS
20 Planning? Department Monthly Report
21 City Council Travel/Conference Report - January 2008
22 Economic Development Department Activity Report for the month of January
23 Police Department Monthly Report
24 Building and Safety Monthly Department Report
25 Public Works Department Monthly Report
CITY MANAGER REPORT
No reports at this time.
CITY ATTORNEY REPORT
No Closed Session at this time.
R:IMinutes1022608
ADJOURNMENT
At 9:02 p.m. the City Council meeting was formally adjourned to Tuesday, March 18, 2008, at
5:30 p.m. far a Closed Session, with regular session commencing at 7:00 p.m. City Council
Chambers, 43200 Business Park Drive, Temecula, California.
Mike Naggar, Mayar
ATTEST:
Susan W. Janes, CMC
City Clerk
[SEAL]
R:IMinutes1022608
10
ITEM NCB. 3
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: March 18, 2008
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. 08-
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. 08-
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 QOES 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 $6,214,772.50.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADAPTED by the City Council of the City of
Temecula this 18th day of March, 2008.
Mike Naggar, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIQE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 18th day of March, 2008, 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
02/21/2008 TOTAL CHECK RUN $ 3,290,017.44
02/28/2008 TOTAL CHECK RUN 879,440.89
03/06/2008 TOTAL CHECK RUN 1,083,680.66
02/21/2008 TOTAL PAYROLL RUN: 481,928.90
03/06/2008 TOTAL PAYROLL RUN: 479,704.61
TOTAL LIST OF DEMANDS FOR 03/182008 COUNCIL MEETING: $ 6,214,772.50
DISBURSEMENTS BY FUND
CHECKS:
001 GENERAL FUND $ 1,275,510.06
165 RDA LOW/MOD - 20% SET ASIDE 15,454.12
190 TEMECULA COMMUNITY SERVICES DISTRICT 522,512.90
192 TCSD SERVICE LEVEL B 250.48
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 159,185.02
194 TCSD SERVICE LEVEL D 1,678.02
195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 1,510.00
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 6,910.24
197 TEMECULA LIBRARY FUND 18,055.92
210 CAPITAL IMPROVEMENT PROJ FUND 485,851.24
280 REDEVELOPMENT AGENCY -CIP 9,081.18
300 INSURANCE FUND 235,459.34
310 VEHICLES FUND 5,374.15
320 INFORMATION SYSTEMS 101,273.42
330 SUPPORT SERVICES 14,084.37
340 FACILITIES 26,208.13
460 CFD 88-12 DEBT SERVICE FUND 234,677.37
472 CFD Ol-2 HARVESTON A&B DEBT SERVICE 431,495.97
473 CFD 03-1 CROV/NE HILL DEBT SERVICE FUND 430,953.01
474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 52,917.19
475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 943,966.72
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 127,555.33
477 CFD- RORIPAUGH 153,174.81
$ 5,253,138.99
001 GENERAL FUND $ 636,658.35
165 RDA LOW/MOD - 20% SET ASIDE 11,555.96
190 TEMECULA COMMUNITY SERVICES DISTRICT 211,086.91
192 TCSD SERVICE LEVEL B 247.93
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 10,215.19
194 TCSD SERVICE LEVEL D 1,547.76
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,233.55
197 TEMECULA LIBRARY FUND 721.54
210 CAPITAL IMPROVEMENT PROJECTS FUND 42.10
280 REDEVELOPMENT AGENCY -CIP PROJECT 5,975.85
300 INSURANCE FUND 2,555.09
320 INFORMATION SYSTEMS 56,302.35
330 SUPPORT SERVICES 8,028.27
340 FACILITIES 15,462.66
961,633.51
TOTAL BY FUND: $ 6,214,772.50
apChkLst
02121/20D8
11:48:58AM Final Check List
CITY OF TEMECULA Page: 1
Bank : union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
1D09 02/25/2008 005460 U S BANK CFD 88-12 Bond '98 Series A pmt 234,677.37 234,677.37
1D10 02/21120D8 OD0444 INSTATAX (EDD) State Disability Ins Payment 21,467.96 21,467.96
1011 02J21/2008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 86,870.50 86,870.50
1012 02121/2008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,828.63 20,828.63
SOLUTION
1013 02/21/2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 123,185.23 123,185.23
RETI REM ENT)
1014 02/2112008 000389 U S C M WEST COBRA), OBRA-Project Retirement Payment 3,625.02 3,625.02
NATIONWIDE RETIREMENT
1015 0212112008 OOS460 U S BANK County SS # 1 Payment 2,140,063.03 2,140,063.03
122191 02/19/2008 OOD747 AMERICAN PLANNING HtI:Nt'I Planning Cf:Guerriero:1358 815.32 815.32
ASSOCIATION
122192 02/19/2008 DD0747 AMERICAN PLANNING HtI:Nt'I Planning Cf:Chiniaeff:1358 815.32 815.32
ASSOCIATION
122193 D2I19120D8 011785 CALIF NURSES ASSOCIATION awarded attorney fees/costs 193,973.75 193,973.75
122194 02l20/2D08 OD6452 LANIER, DENISE purchase gift cards:Gitt Giving Campaign 750.00 750.00
122195 02/2112008 OOD1D1 APPLE ONE INC Temp help PPE 2102 Morrison 60D.80
Temp help PPE 2102 Ortiz 568.00 1,168.8D
122196 02/21/2008 004623 AQUA TECH ENTERPRISES chlorine tablets:TES pool 861.90 861.90
122197 02121/2008 D11775 ASSN OF COMMERCIAL REAL 'OS ACREIIE mbrshp: City 150.00 150.00
ESTATE
122198 0?J21120D8 OD0475 B N I PUBLICATIONS INC 2006 ASTM Reference: B&S 258.33 258.33
122199 02/21/2008 010973 BATTERIES PLUS battery supplies: PWtraffic division 314.05
battery supplies: PWtraffic division 258.58
equip parts & batteries:TCSD maint 215.44 788.D7
Page:i
apChkLst Final Check List Page: 2
02/21/2008 11:48:58AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122200 02!2112008 002541 BEGKER CONSTRUCTION SRVS Street maint:john warner ret pond 3,022.25 3,022.25
INC
122201 02/2112008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 273.00 273.00
122202 02/21/2008 004176 BROADWING Long distance & Internet svcs 746.70 746.70
TELECOMMUNICATIONS
122203 02/21/2008 005103 BUCKLEY, TIM Reimb:Firehouse Wrld Cf:2/5-7:SanDiego 137.35 137.35
122204 02/21/2008 011777 BUNCAB, LAILANI refund: security deposit TCC 219 150.00 150.00
122205 02121/2008 006908 C C & COMPANY INC Entertainment:old town holiday event 1,500.00
Old Town entertainment:Dynamite Dave 700.00
Old Town entertainment:Dynamite Dave 250.00 2,450.00
122206 02/21/2008 004451 CALIF AUTOMATIC FIRE ALARM Reg:2126-27 Alarm Trng Fire employees 2,148.00 2,148.00
122207 02/21/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00
122208 02/21/2008 004248 CALIF DEPT OFJUSTICE- fingerprinting services: Police 56.00 56.00
ACCTING
122209 02/21/2008 008332 CANINE SUPPORT TEAMS FY 07108 Comm. Svcs Funding Prgm 2,000.00 2,000.00
122210 02/2112008 000387 CAREER TRACK SEMINARS How-Communicate:4/16-17 Ontario 299.00 299.00
122211 02/2112008 006114 CASEY, MARGIE Reimb: Purch Bluetooth equip for City 129.27 129.27
122212 02J2112008 011784 GHAVELAR INC refund: permit PA06-0336 806.50 806.50
122213 02/21/2008 004609 CINTAS DOCUMENT 215 doc shredding secs: Police 24.00
MANAGEMENT
215 doc shredding svcs: CRC 22.50 46.50
122214 02/21/2008 009699 COALITION TO IMPROVE FY 07108 Comm. Svcs Funding Prgm 2,000.00 2,000.00
EDUCATION
122215 02/21/2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05
122216 02/2112008 004414 COMMUNITY WORKS DESIGN Nov Insp/Plan Check Svcs: Planning 2,850.00
GROUP
Billing Adj: PA07-0058 Lndscp Fees 520.00 3,370.00
Paget
apChkLst Final Check List Page: 3
02/21/2008 11:48:58AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122217 02121/20D8 OD0447 COMTRONIX OF HEMET Radios: new TCSD vehicles 5,374.15 5,374.15
122218 02/21/2008 006303 CONDUIT NETWORKS, ING Firetide Indoor Radio/Access: Library 6,046.24 6,046.24
122219 02/2112008 001264 COSTGO WHOLESALE Refreshments:father/dough event 197.61
Misc supplies:Theater Hospitality 79.83 277.44
122220 02/2112008 010650 CRAFTSMEN PLUMBING & HVAG Plumbing Svcs: CRC 339.89 339.89
INC
122221 02/2112008 010649 DCH TEMECULA MOTORS LLC refund: permit PA07-0054 75.00 75.00
122222 02!2112008 0087D4 EDWARDS, MARYANN Reimb: Dec 07 Internet sues 37.98 37.98
122223 02/21/2008 011292 ENVIRONMENTAL SCIENCE Oct Hospital EIR secs: Planning 41,624.38 41,624.38
ASSOC.
122224 02/2112008 001056 EXCEL LANDSCAPE Jan landscape maint:medians 14,D74.19
Jan landscape maint:City Facilities 9,986.81
Jan landscape maint:sports parks 44,371.22
Jan landscape maint:slopes 43,066.22
Jan landscape maint:north slopes 29,372.80 140,871.24
122225 02/2112008 OD3665 EXCEL TELECOMMUNICATIONS Jan long distance phone sues 52.91 52.91
122226 02/21/2008 009953 FEDERAL CLEANING Feb cleaning svcs:PD Mall Storefront 410.00 410.OD
CONTRACTORS
122227 02!2112008 003747 FINE ARTS NETWORK Theater Sttlmnt: Proof Feb 2-3 & 9-10 752.05 752.05
Page3
apChkLst Final Check List Page: 4
02/2112008 11:48:58AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Cheak # Date Vendor Desaription Amount Paid
122228 D2/2112008 003347 FIRST BANKCARD CENTER
ROSAS CANTINA RESTAURANT JM Refreshments:Old Twn Wrkg Mtg 14.74
ACE PARKING LOT AA Prkg:08 CM Conf:2/6-8/08:LaJolla 10.00
SOUTHWEST AIRLINES RJAirfare:APAAnn'ICf:4J27-511: Damka 138.50
SOUTHWEST AIRLINES RJAirfare:APAAnn'ICf:4t27-511:Kitzerow 138.50
TREVI ENTERTAINMENT CENTER AA CM team bldg event:refreshments 119.76
BUY PG SUPPLIES, LLC TT Nylon Dust Cover: Library 116.94
CAFE DANIEL JM Refreshments:Old Twn Wrkg Mtg 104.50
P.F. CHANG'S CHINA BISTRO INC. AA Meal:Eco DevTour:Scattsdale:1J23-24 100.91
SHOGUN MURRIETA LLC SJ Refreshments: LitigationlRecords Mtg 90.50
OLIVE & IVY AA Meal:Eco DevTour:Scottsdale:1/23-24 87.16
PAT & OSCARS RESTAURANT RJ Refreshments:Plan Cam. Mtg 73.61
INT'L ASSOC OF ELECTRICAL MH Books:Basic Gklst for Bld Inspection 67.90
LOS OLIVOS MEXICAN AA Meal;Eco DevTour:Scattsdale:1123-24 56.82
RESTAURANT
SUBTEEN, INC. TT Datapilot for Motorola Phone 48.90
OFFICE DEPOT BUSINESS SVS WH Storage boxes for pw files 46.52
DIV
CRACKED GRAB SJ MeaI:SCCCA General Mtg:1124l08 43.47
NATIONAL NOTARY SJ City Clerk notary supplies 42.70
ASSOCIATION
LINDBERGH PARKING SAN AA Prkg:Eco DevTour:Scattsdale:l/23-24 42.00
DIEGO
PAYPAL TT Verisign Payflow Pro Transaction 41.60
CHILIS RESTAURANT WH Refreshments:PWintewiew panel 38.18
OLIVE GARDEN SJ MeaI:SCGCA General Mtg:1/24/08 31.51
TREO CENTRAL STORE RJ Treo Side Pouch 30.90
CIRCLE K AA Gas:Eco DevTaur:Scottsdale:1123-24 26.10
HILTON JS Meal:Eco DevTour:Scottsdale 18.00
PAYPAL TT Videos for State of the City 16.96
AMERICAN PLANNING RJ Regist:APA Ann'I Cf:4127-511: Guerriero 695.00
ASSOCIATION
AMERICAN PLANNING RJ Regist:APA Ann'I Cf:4/27-511: Ghiniaeff 695.00
ASSOCIATION
Check Total
Page:4
apChkLst
02/21/20D8
11:48:58AM Final Check List
CITY OF TEMECULA Page: 5
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
AMERICAN PLANNING RJ Regist:APA Ann'I Cf:4l27-511: Harter 695.00
ASSOCIATION
LEAGUE OF CALIF CITIES AA Regist:08 CM Conf:2/6-8/D8:LaJolla 425.00
HERTZ RENT-A-CAR AA Rental:Eco DevTour: Scottsdale: 366.17
TREVI ENTERTAINMENT CENTER AA CM team bldg event:mgrs paid 3D0.00
CALIF BAGEL BAKERY & DELI TT Refreshments: Civic Gtr Mtg 240.72
FCG CONFERENCECALLSVG RJ Conference calls svcs 192.48
PISMO BEACH MISSION INN SJ MeaI:SCCCA General Mtg:1124/08 184.80 5,340.85
122229 02121!2008 011145 FOSTER, JILL C. TCSD instructor earnings 245.00 245.00
122230 02/2112008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
122231 02/21/2008 007866 G C S SUPPLIES INC printer toner/cartridges: Info Sys 1,935.55 1,935.55
122232 02121120D8 000173 GENERAL BINDING bindingllamination supplies:Cntrl Svcs 505.18 5D5.18
GO RPO RATION
122233 02/21/2008 OOD177 GLENNIES OFFICE PRODUCTS Office Supplies: TV Museum 380.06 380.06
INC
122234 02/21!2008 OD96D8 GOLDEN VALLEY MUSIC Theater Sttlmnt:Two OctetsNUntr Ngt 1,131.13 1,131.13
SOCIETY
122235 02/21/2008 011034 H M T JEFFERSON, LLC refund: permit PAD7-D148 576.00 576.D0
122236 02121!2008 000186 HANKS HARDWARE INC Hardware supplies: Fire 809.54 809.54
122237 02/2112008 004188 HARRIS & ASSOCIATES Dec cnslt svcs:pavement rehab 2,087.50 2,087.50
122238 02/21/2008 OD1135 HEALTHPOINTE MEDICAL Pre-employment Physicals: HR 25.00 25.OD
GROUPING
122239 02/2112008 OD3624 HOWELL, ANN MARIE graphic art svcs:PHS groundbreak 180.00 18D.00
122240 02/21/2008 ODD194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,976.D4 11,976.04
303355
122241 02!21/2008 005874 I E BIKES repairlmaint equip: PD bicycles 627.01 627.01
Pages
apChkLst Final Check List
02/21/2008 11:48:58AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
122242 02121/2008 006713 INTEGRATED MEDIA SYSTEMS communication supplies: Stn 84
122243 02/21/2008 001407 INTER VALLEY POOL SUPPLY sanitizing chemicals: TES pool
INC
122244 02/21/2008 003296 INTL CODE COUNCIL Publications: Fire Prevention
122245 02/21/2008 003266 IRON MOUNTAIN OFFSITE Jan records storage:IS back-up tape
122246 02!2112008 010119 IRS - OIC Sup Pmt Ofter# 1000497587 452379267
122247 02/2112008 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
TCSD instructor earnings
122248 02/2112008
122249 02!2112008
122250 02/2112008
122251 02/2112008
122252 02/2112008
122253 02/2112008
122254 02/21/2008
Amount Paid
375.19
343.90
189.88
405.00
140.11
516.60
344.40
344.40
344.40
287.00
258.30
258.30
229.60
200.90
84.25
85.95
48.49
47.59
953.60
45.84
150.00
Page: 6
Check Total
375.19
343.90
189.88
405.00
140.11
2,783.90
84.25
85.95
48.49
47.59
953.60
45.84
150.00
Page:6
001282
011792
003782
004141
001967
011791
011780
KNORR SYSTEMS INC
LARA, NICHOLAS
MAIN STREET SIGNS
MAINTEX INC
MANPOWER TEMPORARY
SERVICES
MARSH, JOSHUA
MCCONNELL, JENNIFER
Pool testing supplies: TES Pool
Reimb:Fire Prev 1A Trng:Rvsd:1/28-30
Street name sign:pw maint div
Custodial Supplies: West Wing
temp help wle 02J03 T. Fish
Reimb:Fire Prev 1A Trng:Rvsd:1/28-31
refund:sec.depositlCRC 211108
apChkLst Final Check List Page: 7
02/21/20D8 11:48:58AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122255 02J21/2008 007210 MIDORI GARDENS Jan Idscp maint:City Parks 69,204.18
Jan Idscp maint:City Parks 68,969.46
Oct-Dec Idscp mnte:Tem Crk Village Trail 704.16
Irrigation repairs:Meadows Prk 1214 593.37
Irrigation repairs:Vail Ranch Prk 12127 343.24
Irrigation repairs:Vail Ranch Prk 1216 296.31
Irrigation repairs:John Magee Prk 11129 280.43
Irrigation repairs:Michael Linden Prk 275.63
credit:Jan Idscp maintlCity Parks -68,969.46 71,697.32
122256 02/2112008 007669 MILES, KATRINA TCSD Instructor Earnings 425.60
TCSD Instructor Earnings 168.00 593.60
122257 02/21/2008 005887 MOFFATT & NICHOL ENGINEERS 1 012 8-1 1 124 consulting:F.V.II-15 Ovrcrss 52,476.74 52,476.74
122258 02/2112008 001214 MORNINGSTAR PRODUCTIONS, sound & light tech:big band dance 212 2,367.60 2,367.60
LLC
122259 02/21/2D08 010797 MUSSER, DAVID TCSD Instructor Earnings 147.00
TCSD Instructor Earnings 84.00 231.D0
122260 02!2112008 002925 NAPA AUTO PARTS City veh maint pa~ts:fire stn 84 9.65 9.65
122261 02J21/2008 000727 NATIONAL FIRE PROTECTION Nat'I Fire Codes subscr:25085701Fire 770.96 770.96
ASSN
122262 02J2112008 000727 NATIONAL FIRE PROTECTION "Compressed Natural Gas" book:Fire 46.49 46.49
A55N
122263 02/2112008 002139 NORTH COUNTY TIMES Jan ads:big band ballroom event 212 553.27 553.27
122264 02/21/2008 D03964 OFFICE DEPOT BUSINESS SVS office supplies:Police 669.58 669.58
DIV
122265 02/2112008 0021 D5 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 17.61 17.61
122266 02/21/2008 010D12 PARENT PROJECT INC Parent Prjt FacilitatorTrng 3124 MCIJM 1,5D0.00 1,50D.OD
122267 02/21/2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 305.56 305.56
PROGRAM
122268 02/2112008 000249 PETTY CASH Petty Cash Reimbursement 978.35 978.35
122269 02/2112008 010995 POLLOCK, TROY Reimb:Fire Prev 1A Trng:Rvsd:1128-30 75.13 75.13
Page:7
apChkLst
02/21/2008
11:48:58AM Final Check List
CITY OF TEMECULA Page: 8
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122270 02!2112008 004627 PUBLIC SAFETYTECHNOLOGI ES RadarlLidar Certification (2):Police 150.00 150.00
INC
122271 02/2112008 004529 QUA! D TEMECULA HARLEY- Jan repair & maint veh:pd motorcycles 3,004.97 3,004.97
DAV I DSON
122272 02/2112008 004029 R J M DESIGN GROUP INC Dec design:redhawk parks improvment 9,055.50 9,055.50
122273 02/21/2008 002654 RANCHO FORD LINCOLN City veh repair & maint:code enforce 40.53 40.53
MERCURY
122274 02/2112008 003591 RENES COMMERCIAL Citywide R-O-IMs weed control 10,000.00 10,000.00
MANAGEMENT
122275 02/21/2008 000352 RIVERSIDE CO ASSESSOR Jan assessor maps:b&s dept 42.00 42.00
122276 02121/2008 001592 RIVERSIDE CO INFO Dec radio rental & maint:Police 1,685.88 1,685.88
TECHNOLOGY
122277 02J21/2008 001365 RIVERSIDE GOUNTYOF credit:billing adjlOct-Dec '07 -84.00
Oct-Dec'07 vector control srvcs 3,473.34 3,389.34
122278 0212112008 001365 RIVERSIDE COUNTY OF renew permit:Temeku Hills Park 450.00 450.00
122279 02!2112008 011101 RIVERSIDE LAND Jan consulting srvcs:Open Space 2,025.27 2,025.27
CONSERVANCY
122280 02/2112008 000873 ROBERTS, RONALD H. Reimb:SCAG RG Mtg:2(/:LosAngeles 15.95 15.95
122281 02/21/2008 002226 RUSSO, MARY ANNE TGSD Instructor Earnings 681.34 681.34
122282 02/21/2008 009196 SACRAMENTO THEATRICAL Misc lighting supplies:theater 177.02 177.02
LIGHTING
122283 02/21/2008 000278 SAN DIEGO UNION TRIBUNE Jan recruitment ads:human resources 1,894.92 1,894.92
122284 02!2112008 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50
122285 02J21/2008 006176 SANTA ANA COLLEGE Prev 1 C 3131-414 J.Marsh 140.00 140.00
122286 02/21/2008 006176 SANTA ANA COLLEGE Prev 1C 3/31-4/4 N.Lara 140.00 140.00
Page:B
apChkLst Final Check List Page: 9
02/21/20D8 11:48:58AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122287 02J21/20D8 006176 SANTA ANA COLLEGE Prev 1C 3131-414 T.Pallock 140.00 140.00
122288 02/21/2008 009992 SCHAFFER, MICHELLE refund:room rental/library 2/23/D8 87.50 87.50
122289 02/2112008 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 504.00 504.00
122290 0212112008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File # 2007052618 100.00 100.00
122291 02121!2008 009746 SIGNS BY TOMORROW Signs:phs groundbreaking event 171.32
signage for F.O.G. Bldg 11.34 182.66
122292 02/2112008 000645 SMART & FINAL ING misc supplies:FatherlDaughter date night 430.60
misc supplies:mpsc swing event 146.54
refreshments:Theater prgrms 26.58
hospitality supplies:Theater 13.09 616.81
122293 02J21/20D8 000537 SO CALIF EDISON Feb 2-00-397-5059 various mtrs 10,418.42
Feb 2-27-560-0625 Deerhollow Way 2,929.19
Feb 2-26-887-D789 various mtrs 1,447.55
Feb 2-25-393-4681 TES Paol 871.81
Feb 2-28-171-2620 Police Mall Stn 398.09
Feb 2-28-397-1315 Redhawk Pkwy 14.34 16,D79.40
122294 02/21!2008 002503 SOUTH COAST AIR QUALITY emissions fees:Raripaugh Fire Stn 99.09
operating fees:Roripaugh Fire Stn 78.81 177.90
122295 02/2112008 OOD519 SOUTH COUNTY PEST CONTROL Jan pest control services:City Fac's 541.00 541.OD
INC
122296 02/21!2008 000293 STADIUM PIZZA INC rfrshmnts:stafftraining/C. Museum 219 56.49 56.49
122297 02!2112008 011379 SWEETWATER SOUND INC speakers:children'srnuseum 215.00 215.DD
122298 02121!2008 011778 TACOS, AMYTHIST refund:sec.deposit/room rental CRC 3I9 357.00 357.00
122299 02/2112008 000305 TARGET BANK BUS CARD SRVCS misc supplies:mpsc swing event 77.92 77.92
122300 02121!2008 010679 TEMECULA AUTO City veh repair & maint:fire Prev 71.12
REPAIRlRADIATOR
City veh repair & maint:fire prev 42.48 113.60
122301 02121!2008 008292 TEMECULA DIESEL AUTO & City vehicle repair:pw maint div 147.27 147.27
TRUCK
Page9
apChkLst Final Check List Page: 10
02/21/20D8 11:48:58AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122302 02121/2008 003677 TEMECULA MOTORSPORTS LLC Police motorcycle repair & maint 217.38 217.38
122303 02/2112008 DD426D TEMECULA STAMP & GRAPHICS Self-inking stamps:fire prevention 105.82 1D5.82
122304 02/2112008 011736 TEMECULA TROPHY INC Signage:MPSCH Mem Rose Garden 573.23 573.23
1223D5 02/21/2008 ODD515 TEMECULA VALLEY CHAMBER State/City:JSlGP(PBIRGlDBIHS 4117 240.00 240.OD
OF
122306 02/2112008 003074 TEMECULA VALLEY ROSE FY 07108 Community Svc Funding 2,500.00 2,500.00
SOCIETY
122307 02/21/2008 004274 TEMECULA VALLEY SECURITY security locksmith srvcs:Fire Stn 92 1,813.18
CENTR
locksmith srvcs:F.O.C. 40.00 1,853.18
122308 02/21/2008 000668 TIMMY D PRODUCTIONS INC Sound engineer:battle of bands 1125 425.00 425.00
122309 02/2112008 011783 TOWELS, NORMAN guest lecture @ T.Museum 215108 250.00 250.00
122310 0212112008 008517 UNITED SITE SERVICES OF 1131-2!27108 fence rental:Main St Bridge 26.40 26.40
CA,INC
122311 02121/2008 000325 UNITED WAY United Way Charities Payment 73.00 73.00
122312 02/2112008 011779 VALLEJO, ROCHELLE refund:sec.depasit/CRC 213108 150.00 150.00
122313 02/2112008 004261 VERIZON Feb xxx-5072 general usage 4,730.D7
Feb xxx-1341 Theater 403.93
Feb xxx-6812 General usage 88.82
Feb xxx-1941 PTA CD TTACSD 66.35
Feb xxx-3910 1st St Irrigation 35.69
Feb xxx-7562 irrigation controller 34.65
Feb xxx-23721Mf Crk Irrg Cntrl 32.55 5,392.06
122314 02/21/2008 011786 WENDT ENTERPRISES INC refund:fee overpayment/43015 Blackdeer 296.00 296.00
122315 0212112008 003730 WEST COAST ARBORISTS INC 1116-31JD8 tree trimming srvcs:citywide 17,212.00 17,212.00
122316 02/21/2008 002109 WHITE CAP INDUSTRIES INC Jan maint supplies: PVUMaint 609.05 609.D5
Page:10
apChk Lst
02121 J2008 11:48:58AM
Bank : union UNION BANK OF CALIFORNIA
Check # Date Vendor
122317 D2J21/2008 011709 WIDMER, DAVID
Final Check List
CITY OF TEMECULA
(Continued)
Description
Refund: Cite 61390 Overpayment
Amount Paid
25.00
Grandtatal for UNION BANK OF CALIFORNIA:
Page: 11
Check Tatal
25.00
3,29D,017.44
Page:i 1
apChkLst Final Check List Page: 12
02/2112008 11:48:58AM CITY OF TEMECIJLA
134 checks in this report.
Grand Total All Checks:
3,290,017.44
Page:12
apChkLst
02128/20D8
2:D7:11PM Final Check List
CITY OF TEMECULA Page: 1
Bank : union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
1D16 02/28/2008 DOD166 FIRST AMERICAN TITLE PW99-11:APN 961-042-OD1 13,540.00 13,540.D0
COMPANY
1017 02/28/2008 OD0166 FIRST AMERICAN TITLE PW9&11:APN 961-042-OD4 10,4D4.00 1D,404.00
COMPANY
122318 02/27120D8 000418 RIVERSIDE CO CLERK & recording fee:general plan update 1,940.75 1,940.75
RECORDER
122319 02128120D8 004594 2HOTAGTIVEWEAR Uniforms: Police 787.65
Uniforms: Police 766.D5 1,553.70
122320 02/2812D08 OD8552 ADKINS DESIGN CONSULTING Jan graphic design sues: Theater 1,394.02 1,394.02
122321 02/28120D8 008698 ADVANCED APPLIED Jan eng design:79S park & ride 472.50 472.50
ENGINEERING
122322 02128/20D8 D09D33 ALLEN, STEVEN L. photography svcs:Holiday Parade 300.00 300.OD
122323 02/28120D8 OD424D AMERICAN FORENSIC NURSES DUI & drug screenings: Police 259.00
DUI & drug screenings: Police 259.00 518.OD
122324 02128120D8 000747 AMERICAN PLANNING 4108-31D9 mbrshp:JT, RG, SH 270.00 270.D0
ASSOCIATION
122325 02/28/2008 DOD1 D1 APPLE ON E INC temp help ppe 219 Ortiz, V. 708.58
temp help ppe 219 Morrison, D. 6DD.80 1,309.38
122326 D2/28/20D8 0032D3 ARTISTIC EMBROIDERY uniform shirts: Paramedics 1,064.57 1,064.57
122327 0212812D08 OD2648 AUTO CLUB OF SOUTHERN Membership: 65120445 Davis, David 47.00
CALIF
Membership: 80925362 Levis, M 47.00
Membership: 34054446 Ludwig, P 47.00 141.00
122328 02I28120D8 002541 BECKER CONSTRUCTION SRVS street maint: Vallejo channel 10,702.18
INC
street maint: AC saw cutting 7,650.00
street maint:channel erosion repairs 7,455.00 25,807.18
122329 02128120D8 002377 BEST BUY COMPANY INC Sony cyber-shat digital camera:Fire 269.33 269.33
122330 02/28/2008 004262 BIO-TOX LABORATORIES Dui & Drug Screenings: Police 647.00
Dui & Drug Screenings: Police 474.30
Dui & Drug Screenings: Police 254.03 1,375.33
Page:i
apChkLst Final Check List Page: 2
02/28/2008 2:07:1 1 PM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122331 02!2812008 008605 BONTERRA CONSULTING Nov Silt Removal Svc:Rrsp Channel 9,575.17
Dec Silt Removal Svc:Rrsp Channel 9,049.01 18,624.18
122332 02!2812008 004176 BROADWING Feb Long distance & Internet svcs 745.52 745.52
TELECOMMUNICATIONS
122333 02/2812008 000128 BROWN & BROWN OF CALIF INC Feb '08 Workers' Camp premium 80,811.00
210&09 Ins policy 989283 renewal 4,299.00 85,110.00
122334 02/2812008 009530 BURN INSTITUTE- INLAND Regist:Spirit Awards 317 FireiCM 1,000.00 1,000.00
EMPIRE
122335 02/28!2008 009082 C B C TECHNICAL INC mist Iightinglsound supplies:Theater 218.19 218.19
122336 02/28/2008 003138 CAL MAT PW patch truck materials 777.98
PW patch truck materials 208.80
PW patch truck materials 202.01 1,188.79
122337 02/2812008 005384 CALIF BAGEL BAKERY& DELI rfrshmnts:Planning Comm mgt 1215 253.21
rFrshmnts: Civic Ctr mtg 12119-20 225.74
rFrshmnts: Civic Ctr mtg 1131 183.18
rfrshmnts: Civic Ctr mtg 11/28107 183.18
rFrshmnts: Civic Ctr mtg 9/5/07 175.63
rfrshmnts: Civic Gtr mtg 8121107 42.56
rfrshmnts: Civic Ctr mtg 11127!07 29.63 1,093.13
122338 02!2812008 000398 CALIF MUNI TREASURERS ASSN 4108-3109 mbrshp:RabertslGraciano 155.00 155.00
122339 02/28/2008 002520 CALIF T'SSCREENPRINTING uniform shirts/caps: PWMaint 1,008.54 1,008.54
122340 02!2812008 008644 CANTRELL, ROGER, AIA, AIGP Jan design Cnslt Svcs: Planning 990.00 990.00
122341 02128!2008 009815 CARD QUEST INC Nisca 5300 Dual Sided Printer:TGC 4,044.76 4,044.76
122342 02/2812008 010434 CATERERS CAFE rfrshmnts:Planning Comm mtg 2120 74.74 74.74
122343 02/28/2008 011809 CHIODO, CAROL Reimb:lntl RghtWy Cf:2112-14:Dallas 226.96 226.96
122344 02/28/2008 004609 CINTAS DOCUMENT Feb dot shredding secs: Library 32.50 32.50
MANAGEMENT
122345 02!2812008 011365 CLOSSICK, LISA refund: teen excursion Cameron 25.00 25.00
Paget
apChkLst Final Check List Page: 3
02/28/2008 2:07:1 1 PM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122346 02!2812008 004414 COMMUNITY WORKS DESIGN Dec InsplPlan Ck Svcs: Planning 3,770.00
GROUP
Nov Ldscp Insp Svc:Diaz Rd Realign 1,135.00
Nov landscape plan ck: Planning 380.00
Billing Adj: Pa05-01391Pa07-0132 320.00
Dec landscape plan ck: Planning 190.00 5,795.00
122347 02128/2008 011619 COMPANY G ballet performance: 2129-311 12,000.00 12,000.00
122348 02/28/2008 D00442 COMPUTER ALERT SYSTEMS Jan-Mar alarm monitoring svc 3,330.00
alarm repair Svcs: Theater 273.95
credit: billing adj skate park -120.00 3,483.95
122349 02128/2008 006303 CONDUIT NETWORKS, INC 2-HP LsrJet Printers:ISlFinance 598.01
network cnslt Svcs: Info Sys 153.88 751.89
122350 02/2812008 001264 COSTCO WHOLESALE rfrshmnts:father/daug event 2116 217.41
rfrshmnts:fatherldaug event 2115 217.41 434.82
122351 02/28/2008 010650 CRAFTSMEN PLUMBING & HVAC plumbing svcs: City Hall 207.00 207.00
INC
122352 02!2812008 009808 GURRAN, MARK W. sttlmt: Beatles Tribute 2117108 4,532.74 4,532.74
122353 D2/2812008 003272 DAISY WHEEL RIBBON plotter ink & paper supplies:GlS 1,930.28
COMPANY INC
returned keencut trimmer: GIS -850.15 1,08D.13
122354 02/28/2008 011801 DISTEFANO, JUNE M. Refund: Cite 6D480 Dismissed 488.00 488.00
122355 02/2812008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 2,067.25
INC
Fuel far City vehicles: PW Maint 1,479.09
Fuel for City vehicles: PW Lnd Dv 411.34
Fuel for City vehicles: B&S 340.20
Fuel for Gity vehicles:PlniGode Enf 318.91
Fuel far City vehicles:Pw/CsiCc/ls 135.13
Fuel far City vehicles: PW Traffic 102.09
Fuel for City vehicles: PW CIP 65.82
Fuel for City vehicles: Police 39.90 4,959.73
122356 02/2812008 004799 E C S IMAGING INC IaserfichelECS software maint:IS 15,199.58 15,199.58
122357 02/2812008 011202 E M H SPORTS & FITNESS TCSD instructor earnings 567.00
TCSD instructor earnings 196.00 763.00
122358 02!2812008 000523 EASTERN MUNICIPAL WATER Feb 95366.02 Diego Dr Ldscp 18.48
DIST
Feb 190304-02 5eraphina Rd 16.31 34.79
Page3
apChkLst
02/28/2008
2:07:11 PM Final Check List
CITY OF TEMECULA Page: 4
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122359 02!2812008 000164 ESGIL CORPORATION Dec plan check svcs: B&S 17,168.42
credit: billing adj permits 2710-3045 -2,793.83 14,374.59
122360 02/2812008 001056 EXCEL LANDSCAPE mainline repairs: Vail Ranch Pkwy 1,287.70
mainline repairs: Overland Trail 210.55
shrubbery planting: City Hall 155.04
irrigation repairsivandalism:Wlf Crk 116.00 1,769.29
122361 02J28/2008 000165 FEDERAL EXPRESS INC 1124-215 express mail svc:Citywide 307.38 307.38
122362 02/28/2008 003747 FINE ARTS NETWORK Refund:Duplicateymt for ck#1728 1,540.00 1,540.00
122363 02/28/2008 010493 FOREST CITY COMMERCIAL Mar lease pymt: PD Mall Storefront 1,458.33 1,458.33
MGMT
122364 02/28/2008 001989 FOX NETWORK SYSTEMS INC sports park camera storage:IS 1,613.44
LCD projector Iamp:Gncl Chambers 1,199.68
Kodak scanner Iamp:ISlRecords 629.13
Adobe Acrobat Professional S:IS 497.08 3,939.33
122365 02/28/2008 004074 FRANCHISE MGMT SERVICES supplies: TCSD bkfast w/Santa 31.82 31.82
INC
122366 02/28/2008 004944 FULLCOURT PRESS business license certs: Finance 445.59 445.59
122367 02!28/2008 010326 G E IONICS INC equip maintlrepair: Stn 73 117.06
equip maintlrepair: Stn 73 52.00
equip maintlrepair: Stn 73 23.71 192.77
122368 02!2812008 009608 GOLDEN VALLEY MUSIC 50°!° pymt mini flashlights: Theater 389.10 389.10
SOCIETY
122369 02/2812008 000186 HANKS HARDWARE INC Hardware supplies: TCSD Parks 1,712.92
Hardware supplies: Theater 233.47
Hardware supplies: CRC 209.52
Hardware supplies: CH/Fire Prev 167.19 2,323.10
122370 02J28/2008 010150 HIGH QUALITY PAINTING INC Res Imp Pgm: Vanderharst, G. 2,200.00 2,200.00
122371 02128!2008 010879 HINMAN & CARMIGHAEL LLP Jan Abc License Svcs: Theater 1,659.75 1,659.75
122372 0212812008 003198 HOME DEPOT, THE Hardware supplies: Ch Museum 25.02 25.02
122373 02/28/2008 006914 INNOVATIVE DOCUMENT Jan copier maintiusage:Citywide 4,410.70
SOLUTIONS
Jan copier maintlusage: Library 689.60 5,100.30
Page:4
apChkLst
02/28/20D8
2:D7:11PM Final Check List
CITY OF TEMECULA Page: 5
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122374 02!2812008 011742 INNOVATIVE PLASTICS INC brochure stands: Police 185.42 185.42
122375 02/28/2008 001407 INTER VALLEY POOL SUPPLY pool sanitizing chemicals:TCSD 911.30 911.30
INC
122376 02128120D8 OD4884 J & W REDWOOD LUMBER CO mist supplies: PW Maint 65.56 65.56
INC
122377 02/2812008 009393 J M DIAZ INC Oct design svc:Meadows Pkwy 7,295.00
Oct design svc:Butterfield Stg Rd 6,965.00
Sept design svc:Temecula Pkwy 4,203.60
Sept design svc:Meadows Pkwy 2,092.5D
Sept design svc:Butterfield Stg Rd 2,065.00
Nov design svc:Butterfield Stg Rd 1,135.00
Nov design svc:Meadows Pkwy 1,D55.00
Oct design svc:Temecula Pkwy 870.00 25,681.10
122378 02/28/2008 DD4119 J T B SUPPLY COMPANY INC mist signal supplies: PW Traffic 1,670.13 1,67D.13
122379 02128120D8 011806 KOSMAL, NOLAN refund: "Into the Forest" 16.99 16.99
122380 02!2812008 011802 LESLIE, ROBERT OR TOMILEA Refund: Cite 22169 dismissed 50.00 50.00
122381 02128!2008 011807 LONGRIE, CHRISTY refund: "Hostile Hospital" 12.99 12.99
122382 02128!2008 009617 LOTUS MUSIC PRODUCTIONS, sttlmt:M.AbairlP.White 2122-23 24,853.70 24,853.70
INC.
122383 D2/28/20D8 008610 M C R STAMPS entertainment:high hopes pgrm 2115 25.00 25.D0
122384 02128!2008 003782 MAIN STREET SIGNS street signs:pw maint div 48.49 48.49
122385 D2/28/2008 004141 MAINTEX INC custodial supplies:foc 341.59
custodial supplies:tcc 341.59
custodial supplies:crc 341.59
custodial supplies:historyrnuseum 163.63
credit:custodial supplies/west wing -8.71 1,179.69
122386 02128!2008 001967 MANPOWER TEMPORARY temp help w!e 02117 T. Fish 953.60
SERVICES
temp help wle 02!10 T. Fish 762.88 1,716.48
122387 02128!2008 OOD217 MARGARITA OFFICIALS ASSN Jan officiating srvcs:tcsd sports prgms 1,620.00 1,620.00
Pages
apChkLst Final Check List Page: 6
02/28/20D8 2:D7:1 1PM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122388 02!2812008 004894 MICHAEL BRANDMAN Jan eng srvcs:pechanga pkwy II 1,695.00 1,695.00
ASSOCIATES
122389 02/2812008 007210 MIDORI GARDENS Irrigation repairs:Redhawk Comm.Park 371.03 371.03
122390 02128120D8 011440 MILLMORE'S WAX CREW City vehicles detailing svcs:PW Depts 150.00 150.D0
122391 02/28/20D8 001384 MINUTEMAN PRESS business cards:F. Hagan 116.96
business cards:D. Walton 44.95
business cards: B. Wedeking 44.95 206.86
122392 02!2812008 001892 MOBILE MODULAR 213.313108 Modular Bldg Rental:T.C.C. 832.40 832.40
122393 02/2812008 000883 MONTELEONE EXCAVATING Street rnaint:via lobo channel 33,557.50
Excavation srvcs: service level R 1,510.00 35,067.50
122394 02/28/2008 011798 MOODY, JERRY L. OR DEBRA A. Refund: Cite 63038 Dismissed 325.00 325.00
122395 02128120D8 OD4586 MOORE FENCE COMPANY Fencing: margarita park 2,311.00 2,311.D0
122396 02/28/20D8 D03135 MOORE WALLACE Printing Srvcs:Police 1,029.23 1,029.23
122397 02128!2008 004490 MUSCO SPORTS LIGHTING INC Lighting:skate park & roller rink 3,109.80 3,109.80
122398 02/2812008 000233 NELSON, SHAWN reimb:Jan-Feb Internet services 89.98 89.98
122399 02/2812008 010504 NEXTEL COMMUNICATIONS Police phone equipment 215.49 215.49
122400 02/28/2008 008528 NICHOLS, MELBURG & ROSETTO Dec eng srvcs:civic center ph II 157,048.80
Dec dsgn:old town infrastructure 102,234.61
Aug eng srvcs:civic center 2,898.98
Dec eng srvcs:civic center 2,017.63
Sep engineering srvcs:civic center 1,235.76
reimb expenses:ald town infrastructure 234.48
credit:billing adjiCivic Center ph II -11.00 265,659.26
122401 02!2812008 002898 NIXON EGLI EQUIPMENT equip servrepair:pw maintenance 1,979.08 1,979.08
COMPANY
122402 02J28/2008 010244 NO LIMITS 51LK SCREEN Awards:Sports Prgm 3,225.08 3,225.08
Page:6
apChkLst Final Check List Page: 7
02/28/2008 2:07:1 1 PM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Gantinued)
Check # Date Vendor Description Amount Paid Check Total
122403 02!2812008 002292 OASIS VENDING Feb kitchenlcoffee supplies:city hall 433.98
Feb kitchenlcoffee supplies:west wing 115.35 549.33
122404 02/28!2008 003964 OFFICE DEPOT BUSINESS SVS office supplies:Cntrl Svcs 46.80 46.80
DIV
122405 02/28/2008 006721 OFFICEMAX - A BOISE COMPANY mist office supplies:foc building 426.27
misc. office supplies:finance 86.26 512.53
122406 02/28/2008 002105 OLD TOWN TIRE & SERVICE Veh repair & maint:police CAP pgrm x46 34.27
Veh repair & maint:police CAP pgrm x53 34.27
City Vehicle RepairiMaint Svcs 34.27
City Vehicle RepairlMaint SUcs 21.44 124.25
122407 02/2812008 001171 ORIENTAL TRADING COMPANY mist supplies:special events 28.75 28.75
INC
122408 02128!2008 001248 PAPER DIRECT INC supplies:volunteerrecogn 511108 382.39
suppiies:spring egg hunt 12.94 395.33
122409 02/28/2008 010012 PARENT PROJECT INC Dvd:Police Parent Prjt 538.D5 538.05
122410 02/28/2008 000249 PETTY CASH Petty Cash Reimbursement 244.22 244.22
122411 02!2812008 008793 PICK UP STIX Rfrshmnts: Planning Commission 2115 124.72 124.72
122412 02/2812008 011804 POCHE, TRICIA refund:"France" 23.93 23.93
122413 02128/2008 000253 POSTMASTER Express Mail & Postal Svcs 77.65 77.65
122414 02128!2008 000254 PRESS ENTERPRISE COMPANY 311 110 8-319109 subscr:9298672 G.Mgr 165.37 165.37
INC
122415 02!2812008 000728 RAMSEY BAGKFLOW & Backflow testing:presley 88.00
PLUMBING
Backflow testing:fire stn 92 44.00
Backflow testing:viilages 44.00
Backflaw testing:crowne hill 44.00
Backflow testing:rancho highlands 22.00
Backflow testing:meadoview estates 22.00
Backflow testing:crc 22.00
Backflow testing:vail ranch pkwy 22.00
Backflow testing pheasant run 22.D0
Backflow testing:tradewinds 22.00 352.00
Page:7
apChkLst Final Check List Page: 8
02/28/2008 2:117:1 1 PM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Gantinued)
Check # Date Vendor Description Amount Paid Check Total
122416 02!2812008 002072 RANCHO CALIF WATER DIST- Deposit:Plan ck/lnspect wtr lines 4,000.00 4,000.00
FEES
122417 02/2812008 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 4,621.78
Various TCSD Water Meters 3,714.04
Feb 01-02-02001-0 Rancho Vista Rd 534.81
Various PW Water Meters 126.70
Various Fire Water Meters 106.36
Feb 01-04-47210-0 T.E.S. Pool 82.58
Variaus RDA Water Meters 67.07
Feb 01-04-10033-2 Margarita Rd 50.85 9,304.19
122418 02128!2008 002654 RANCHO FORD LINCOLN city vehicle parts:pw maint 23.26 23.26
M ERGU RY
122419 02!2812008 003761 RANCHO METALS & SUPPLY metal supply:pw maintenance 13.18 13.18
122420 02128!2008 004584 REGENCY LIGHTING misc electrical supplies:c.mus/csd maint 191.62 191.62
122421 02/28!2008 003742 REHAB FINANCIAL Jan RDA Loan Servicer 8.00 8.00
CORPORATION
122422 02/28/2008 002110 RENTAL SERVICE equip rental:PW mntc 15.47 15.47
CORPORATION
122423 02/28/2008 004498 REPUBLIC INTELLIGENT Street Light Maint:Pw ~ 2,529.50 2,529.50
122424 02/28/2008 002412 RICHARDS WATSON & GERSHON Jan 2008 legal services 142,049.96 142,049.96
122425 02/28/2008 000353 RIVERSIDE CO AUDITOR January 08 parking citation 13,649.41 13,649.41
122426 02!2812008 001365 RIVERSIDE GOUNTYOF renew permit:Harveston Comm. Park 105.00
renew permit:Kent Hintergardt Park 105.00
renew permit:Paloma del Sol Park 105.00
renew permit:Rancho Vista Snack Bar 105.00
renew permit:Sam Hicks Park Snack Bar 105.00
renew permit:Temeku Hills Park 105.00 630.00
122427 02/28/2008 000277 S & S ARTS & GRAFTS ING Misc supplies:FlT pgrm 139.87 139.87
122428 02/28/2008 001288 SAN DIEGO BUSINESS JOURNAL 1 yr subscr:Econ Dev 79.00 79.00
Page:B
apChkLst Final Check List Page: 9
02/28/2008 2:07:1 1 PM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122429 02!2812008 009980 SANBORN, GWYN Temecula Live!:Theater2/15-16!08 1,480.95
add'I ticket officeiTem.Live 2115-16108 42.00 1,522.95
122430 02/28!2008 009213 SHERRY BERRY MUSIC Perfarmances:Theater 2/21, 2128, 3J6 1,000.00
Jazz @ the Merc 2!21!08 420.00
Jazz @ the Merc 2114108 294.00 1,714.00
122431 02/28!2008 011808 SHOOTING STARS SPORTS refund:sec.deposit/phbsp 150.00 150.00
122432 02128!2008 000645 SMART & FINAL INC misc supplies:mpsc swing event 115.75
Hospitality Supplies:Theater 99.34 215.09
122433 02!28/2008 000537 SO CALIF EDISON Feb 2-02-351-4946 MPSG 1,474.51
Feb 2-29-933-3831 FOC 1,431.32
Feb 2-18-937-3152 T.Museum 526.48
Feb 2-2D-817-9929 Police O.T. Stn 248.05
Feb 2-28-904-7706 Overland Trail 157.05
Feb 2-28-331-4847 Pauba Rd 113.92
Feb 2-19-171-8568 Wedding Chpl 94.03
Feb 2-21-981-4720 Hwy 79S 67.12
Feb 2-14-204-1615 Front St Rdia 34.36
Feb 2-27-371-8494 Offsite Storage 22.75
Feb 2-29-807-1093 Irrigation Diaz Rd 16.21
Feb 2-29-807-1382 Irrigation Meter 15.36
Feb 2-29-657-2787 Winchester Rd 14.85
Feb 2-29-807-1226 Diaz Rd Irrigation 14.85 4,230.86
122434 02/28!2008 001212 50 CALIF GAS COMPANY Feb gas usage:City Facilities 2,642.40
Feb 015-575-0195-2 Stn 92 662.46
Feb 095-167-7907-2 Stn 84 417.65
Feb 055-475-6169-5 PBSP 171.82 3,894.33
122435 02/28/2008 000282 SO CALIF MUNICIPAL ATHLETIC Softball rulebooks:sports pgrm 400.00 400.00
122436 02/28/2008 000519 SOUTH COUNTY PEST CONTROL Feb pest control services: fs 73 48.00
INC
Feb pest control services: fs 92 42.00 90.00
122437 02/28/2008 007851 SOUTHCOAST HEATING & AIR HVAC repair & maint:mpsc 3,175.60
HVAC repairaheater 1,991.03
HVAC srvcs:crc 572.46 5,739.09
122438 02128!2008 007072 SOUTHWEST SIGN refund:permit/41653 102 Marg Rd 107.09 107.09
MAINTENANCE INC
122439 02128!2008 002366 STEAM SUPERIOR CARPET carpet cleaning: stn 73 135.00 135.00
CLEANING
Page9
apChkLst Final Check List Page: 10
02/28/20D8 2:07:1 1 PM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Gantinued)
Check # Date Vendor Description Amount Paid Check Total
122440 02!2812008 011803 SUCCESS ONE refund:room rentalAibrary 2123!08 245.00
refund:room rental/library 2121108 175.00 420.00
122441 02/2812008 OD03D5 TARGET BANK BUS CARD SRVCS misc.supplies:spring egg hunt 572.11
misc supplies:FiD & MiS Date Nights 298.22
recreation supplies: c. museum 52.39
misc supplies: aquatics pgrm 43.87
recreatian supplies: c. museum 41.62
hospitality supplies:theater 31.31 1,039.52
122442 02/28/2008 0095D0 TEMEC ELECTRONICS, INC Jan electrical supplies:City facilities 418.62 418.62
122443 02128!2008 011736 TEMECULA TROPHY INC Recognition Awards:Recreation Events 64.65 64.65
122444 02!2812008 000312 TEMECULA VALLEY PLAYHOUSE V-Day Temecula'08:Theater 2!14!08 5,427.75 5,427.75
122445 02/2812008 004274 TEMECULA VALLEY SECURITY locksmith srvcs: stn 84 309.24
CENTR
locksmith srvcs: stn 92 200.00
locksmith services: parksif.o.c. bldg 158.00 667.24
122446 02128!2008 010276 TIME WARNER CABLE Feb high speed internet Stn 92 58.91
Feb high speed internet TGC/Paramedic 44.95
Feb high speed internet MPSC 44.95 148.81
122447 02!2812008 011745 TINYINKLING.COM LLC Martial arts mats:police 649.48 649.48
122448 02128!2008 002452 TOP LINE INDUSTRIAL misc. supplies:pw maint div 185.22
misc. supplies:pw maint div 107.75
misc. supplies:pw maint div 22.28
credit:items returnedlpw maint -182.79 132.46
122449 02/28/2008 007433 TOVEY SHULTZ CONSTRUCTION Jan Prgss Pmt #17: F.O.C. 26,745.50 26,745.5D
INC
122450 02/2812008 010417 TRI CITI ELECTRIC Electrical srvcs:foc 1,505.91 1,505.91
122451 02/28/2008 011805 TUSTIN, CITY OF 1 yr membership dues:City of Temecula 275.00 275.OD
122452 02!2812008 009912 U R S CORPORATION 01!12-0211!08 Eng Srvcs:W.Bypass Ph I 2,722.01 2,722.01
122453 02/2812008 004435 U S CONFERENCE OF MAYORS, 2008 City membership dues 5,269.00 5,269.00
THE
Page:10
apChkLst Final Check List Page: 11
02/28/2008 2:07:1 1 PM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122454 02!2812008 007118 U S TELEPACIFIC CORPORATION Feb Internet IP Addresses Block 1,565.88 1,565.88
122455 02/28/2008 011659 ULINE INC banner shipping boxes:Econ Dev 155.33 155.33
122456 02128120D8 008600 VARGAS, VALENTINE & ROSALIE refund: FatherlDaughter Date Night 25.00 25.D0
122457 02/28/2008 004261 VERIZON Feb xxx-0074 general usage 289.46
Feb xxx-0073 general usage 248.21
Feb xxx-3564 alarm 65.08
Feb xxx-4723 Police Storefront 38.71
Feb xxx-3143 PD Ovrlnd Office 35.63
Feb xxx-0714 PD Mall Alarm 34.65
Feb xxx-5275 PD DSL 33.59
Feb xxx-3984 M.Naggar 32.55
Feb xxx-8573 general usage 32.55
Feb xxx-5473 Moraga Rd 32.55
Feb xxx-6084 general usage 31.62 874.60
122458 02128120D8 004789 VERIZON ONLINE Internet sues xx9647 @ Library 439.95
Internet sues xx2527 Police DSL 39.95 479.90
122459 02/2812008 OD9101 VISION ONE INC Jan ShoWare software:theater 1,575.80 1,575.80
122460 02/2812008 001342 WAXIE SANITARY SUPPLY INC custodial supplies: theaterlf.o.c. bldg 198.69
custodial supplies: crc 127.31 326.00
122461 02!2812008 010871 YORK, DAN reimb:land surveyor/civil eng renewals 250.00 250.00
Grand total for UNION BANK OF CALIFORNIA: g7g,440.89
Page:i 1
apChkLst Final Check List Page: 12
02/2812008 2:117:11 PM CITY OF TEMECl1LA
146 checks in this report.
Grand Total All Checks:
879, 440.89
Page:12
apChkLst Final Check List Page: 1
03!06/2008 11:50:02AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA
Check # Date Vendor
1018 03/06/2008 000444 INSTATAX (EDD)
1019 03/06/2008 000283 INSTATAX (IRS)
1020 03/06/2008 001065 NATIONWIDE RETIREMENT
SOLUTION
1021 03/0612008 000246 PERS (EMPLOYEES'
RETIREMENT)
Description Amount Paid
State Disability Ins Payment 22,689.36
Federal Income Taxes Payment 90,790.27
Nationwide Retirement Payment 23,266.21
PERS ER Paid Member Cantr Payment 124,181.77
1022 03106!2008 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment
Child Care Reimbursement Payment
1023 03/06/2008 000245 PERS -HEALTH INSUR PREMIUM PERS Health Admin Gost Payment
Blue Shield HMO Payment
1024 03/06/2008 000389 U S C M WEST COBRA), OBRA-Project Retirement Payment
NATIONWIDE RETIREMENT
122462 03/0612008 003552 AFLAC AFLAC Cancer Payment
122463 03/06/2008 004973 ABACHERLI, LINDI TCSD instructor earnings
122464 03!0612008 008698 ADVANCED APPLIED Jan cnslt Svcs: City signinglstriping
ENGINEERING
122465 03/06/2008 003679 AEI CASC ENGINEERING Jan WOMP plan ck svcs: NPDES
122466 03/06/2008 009374 ALLEGRO MUSICAL VENTURES piano repair & maint: Theater
122467 03106!2008 009790 ALTA VISTA COMMUNITYASSOC refund: security dep CRC 2119
122468 03/06/2008 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police
122469 03106!2008 000101 APPLE ON E INC temp help ppe 2116 Ortiz, V.
temp help ppe 2116 Morrison, D.
122470 03/0612008 004623 AQUA TECH ENTERPRISES mist pool supplies:Aquatics pgrm
122471 03/06/2008 011817 ARENT, FRANCINE refund: community room rental
10,386.41
0.00
76,551.73
O.DD
3,494.44
3,560.62
840.00
9,724.50
3,230.46
140.00
150.00
79.00
687.81
600.80
123.59
105.00
Check Total
22,689.36
90,790.27
23,266.21
124,181.77
10,386.41
76,551.73
3,494.44
3,560.62
840.00
9,724.50
3,230.46
140.00
150.00
79.00
1,288.61
123.59
105.00
Page:i
apChkLst Final Check List Page: 2
D3106/2DD8 11:5D:02AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Gantinued)
Check # Date Vendor Description Amount Paid Check Total
122472 03/06/2008 OD1323 ARROWHEAD WATER INC Bottled wtr Svcs: City Hall 472.94
Bottled wtr svcs: Maint Facility 128.76
Bottled wtr svcs: CRC 80.55
Bottled wtr svcs: Fld Op Ctr 72.90
Bottled wtr svcs: Aquatics 32.D5
Bottled wtr svcs: Theater 24.85
Bottled wtr svcs: Ch Museum 24.41
Bottled wtr svcs: TV Museum 19.00
Bottled wtr svcs: Gauncil 16.38
Bottled wtr svcs: Skate Park 8.61
Bottled wtr svcs: PBSP 8.61
credit: billing adj TCC acct -3.43 885.63
122473 03/0612008 OD5335 ARTIST TOUCH STUDIO INC graphic arts svcs: Theater 1,299.98 1,299.98
122474 03/06/2008 011666 B P S TACTICAL INC Ballistic vest covers: Police 921.26 921.26
122475 03106120D8 002381 BEAUDOIN, LINDA Retirement Medical Payment 703.00 703.00
122476 03106!2008 002541 BECKER CONSTRUCTION SRUS street maint:Diaz Rd erosion repair 5,180.00 5,180.00
INC
122477 03/06/2008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 372.40 372.40
122478 03106!2008 003222 BROCKMEIER, CAROL Retirement Medical Payment 690.26 690.26
122479 03ID612008 000128 BROWN & BROWN OF CALIF INC Earthquake Ins renewal 2108-09 145,467.18
Property Ins renewal 2108-09 78,710.00
Business Auto Ins renewal 2108-09 1,045.00 225,222.18
122480 03/06/2008 003138 CAL MAT PW patch truck materials 263.58
PW patch truck materials 233.75
PVV patch truck materials 129.49 626.82
122481 D310612008 005384 CALIF BAGEL BAKERY& DELI refreshments: Gauncil Mtg 12111 495.D0
refreshments: Regional Drill 10116 469.7D
refreshments: B&5teambldg 12!13 263.99
refreshments: CM mtg 1131 173.48
refreshments: Council mtg 118 167.01
refreshments: Pln Comm mtg 1117 162.17
rfrshmnts: Stn 92 dedication 10/11 161.63
refreshments: GM mtg 12!13 147.62
refreshments: Sphere/Infl mtg 9118 142.77 2,183.37
Paget
apChkLst Final Check List Page: 3
D3106/2DD8 11:5D:02AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122482 03/06/2008 001054 CALIF BUILDING OFFICIALS 4108-3109 CALBO mbrshp: Harold, M 215.00 215.00
122483 D3/0612008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF0991185 25.00 25.00
122484 03/06/2008 004248 CALIF DEPT OFJUSTICE- DUI & drug screenings: Police 1,295.00 1,295.D0
ACCTING
122485 03/06/2008 00252D CALIF T'S SCREENPRINTING Misc supplies: SMART Pgrm 283.32 283.32
122486 03/06/2008 004971 CANON FINANCIAL SERVICES, Mar copier lease pmt: Citywide 4,744.84 4,744.84
INC
122487 03/06/2008 010434 CATERERS CAFE refreshments:SW comm mtg 2119 57.53 57.53
122488 03/0612008 009539 CHARLES ABBOTT ASSOCIATES Jan plan ck sues: Fire Prevention 11,902.65 11,902.65
INC
122489 03106!2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00
122490 03106!2008 006303 CONDUIT NETWORKS, INC HP Color LJ 2840 Printer:lnfo Sys 830.00
Network cnslt svc: City Hall 450.00 1,280.00
122491 03/0612008 001264 COSTCO WHOLESALE rfrshmnts:motherlson event 311 87.12
rfrshmnts:motherlson event 2128 41.55
misc supplies:Theater hospitality 161.00
supplies:Merc artist receptions 98.63 388.30
122492 03/06/2008 004524 CRAFCO INC-ABSOLUTE cold mix asphalt: PW Maint 1,600.09 1,600.09
ASPHALT
122493 03106!2008 010650 CRAFTSMEN PLUMBING & HVAC plumbing repairs: Stn 84 481.58 481.58
INC
122494 03106!2008 006081 CUB SCOUT TROUP 367 Refund: security dep CRC 2124 150.00 150.00
122495 03106!2008 004123 D L PHARES & ASSOCIATES Mar (ease pmts: Police storefront 3,101.44 3,101.44
122496 03/06/2008 003272 DAISY WHEEL RIBBON plotter ink & supplies: GIS 482.57
COMPANY INC
plotter ink & supplies: GIS 458.79
plotter ink & supplies: GIS 438.32 1,379.68
122497 03106/2008 D11812 DALE, DENNIS refund: cite 2027 50.93 50.93
Page3
apChkLst Final Check List Page: 4
D3106/2DD8 11:5D:02AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122498 03/06/2008 003945 DIAMOND ENVIRONMENTAL portable restroom svc:Ln Cyn Pk 119.26
SRVCS
portable restroom svc:Veterans Pk 59.63
portable restroom svc:Vail Rch Pk 59.63
portable restroom svc:Riverton Pk 59.63
portable restroom svc:Redhawk Pk 59.63 357.78
122499 03/D6l2008 004222 DIAMONDBACK FIRE & RESCUE, fire equip: Stn 92 32.65 32.65
INC
122500 03/06/2008 000684 DIEHL EVANS & COMPANY LLP City audit svcs FY 07l08:Finance 12,850.00 12,850.00
122501 03!0612008 010097 DREAM PAINTING Res Impr Prgm: Clayton, Tracy 1,600.00 1,600.00
122502 03!06!2008 002528 EAGLE GRAPHIC CREATIONS recognition mugs: HR 34.91 34.91
INC
122503 03!0612008 007319 EAGLE ROAD SERVICE & TIRE tire installation backhoe: PW Maint 1,796.05 1,796.05
INC
122504 031D6120D8 005692 ELMO, ANTHONY Retirement Medical Payment 703.00 703.D0
122505 03/06/2008 0112D3 ENVIRONMENTAL GLEANING Feb janitorial svcs: ParkslOld Town 5,102.00 5,102.00
122506 03106120D8 011292 ENVIRONMENTAL SCIENCE Jan housing cnslt svcs: Planning 19,548.75 19,548.75
ASSOC.
122507 03106!2008 001D56 EXCEL LANDSCAPE Feb landscape maint: Medians 14,074.19
Feb landscape maint: City Facilities 9,986.81
Jan-Feb Indsp maint: PdSol Medians 1,228.09
Dec-Feb Indsp maint: Gallery Homes 341.22
Feb landscape maint: Sports parks 44,371.22
Feb landscape maint: South slopes 43,066.22
Feb landscape maint: North slopes 29,372.80 142,440.55
122508 03/06120D8 DOD206 FEDEX KINKOS INC paper supplies: Central Svcs 16.49 16.49
122509 03!06!2008 ODD166 FIRST AMERICAN TITLE title rprt:30875 Rncho Vista Rd 500.00 500.00
COMPANY
122510 03!0612008 000166 FIRST AMERICAN TITLE RDA lot bk rpt:40680 Garmefita 75.00 75.D0
COMPANY
122511 03/D6120D8 007008 FISHER SCIENTIFIC COMPANY Hazmat supplies: PW Maint 1,365.00 1,365.D0
Page:4
apChkLst
D3106/20D8
11:5D:02AM Final Check List
CITY OF TEMECULA Page: 5
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122512 03/06/2008 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 996.90 996.90
122513 D3/0612008 011145 FOSTER, JILL C. TCSD instructor earnings 112.00 112.D0
122514 03!06!2008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
122515 03106!2008 008361 GRAPE STOMPERS 5Q DANCE TCSD instructor earnings 56.00
CLUB
TCSD instructor earnings 56.00
TCSD instructor earnings 49.00
TCSD instructor earnings 42.00
TCSD instructor earnings 37.80
TCSD instructor earnings 12.60 253.40
122516 03106!2008 011826 GRIP, JERRY Reimb:Crash Zone Sftw Trng:2l11-15 660.00 660.00
122517 03106!2008 004133 H D L SOFTWARE LLG Business license web fees 6,000.00 6,000.00
122518 03/06/2008 005311 H2O CERTIFIED POOL WATER Feb maint svc: CRC(fES pools 900.00 900.OD
SPCL.
122519 03!06!2008 OD8244 HARVEY, SCOTT Retirement Medical Payment 577.97 577.97
122520 03/06/2008 011815 HAWKINS, KENNETH refund: security dep PBSP 1,OD0.00 1,OOD.OD
122521 03106!2008 001135 HEALTHPOINTE MEDICAL Pre-employment physicals: HR 70.00 70.00
GROUPING
122522 03106!2008 001013 HINDERLITER DE LLAMAS & 4th qtr sales taxlaudit svcs:Finance 2,798.92 2,798.92
ASSOC
122523 03106!2008 011827 HOCTOR, DANIEL Reimb:Crash Zone SftwTrng:2111-15 886.09 886.09
122524 03106!2008 000963 HOGAN, DAVID Retirement Medical Payment 703.00 703.00
122525 D3/06/2008 DOD194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 12,387.40 12,387.4D
303355
122526 031D612008 D04406 IGOE & COMPANY INC Feb flex benefit plan pmt 587.5D 587.50
122527 03/06/2D08 D03296 INTL CODE COUNCIL firelcode inspection books:B&S 112.59 112.59
Pages
apChkLst Final Check List Page: 6
D3106/2DD8 11:5D:02AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Gantinued)
Check # Date Vendor Description Amount Paid Check Total
122528 03/06/2008 003296 INTL CODE COUNCIL 08!09 mbrshp OECICG:Harold, M 60.00 60.00
122529 D3/0612008 01D119 IRS - OIG Sup Pmt Offer#1000497587 452379267 140.11 140.11
122530 03lD612008 DD1186 IRWIN, JOHN TCSD instructor earnings 774.20
TCSD instructor earnings 529.20 1,303.40
122531 03/0612008 010412 JOHNSON POWER SYSTEMS generator repair: Stn 73 797.36 797.36
122532 03/06/2008 010757 JOYNER, JEROME Reimb:Crash Zone SftwTrng:2111-15 855.33 855.33
122533 03106!2008 004481 KIMLEY HORN & ASSOCIATES Dec design svcs:mur creek trails 14,641.00 14,641.00
INO
122534 031D612008 D10922 KITTENS 'N' PUPS K-9 food & supplies: Police 92.64 92.64
GO RPO RATION
122535 03/06/2008 001282 KNORR SYSTEMS INC heater repair: TES pool 11,845.05
water heater: TES pool 232.53 12,077.58
122536 03/06120D8 OOD209 L & M FERTILIZER INC Equip repairlmaint: PW Maint 835.82 835.82
122537 03!06!2008 010546 L C I SERVICES 3127 "Myspace Inv" ME,JM,MS:PD 465.00 465.00
122538 03106!2008 010546 L C I SERVICES 3128 "Myspace II" Ellsworth/Salas:PD 330.00 330.00
122539 03106!2008 008809 LAKE ELECTRIC Res Imp Prgm: High, Deborah 315.D0 315.00
122540 031D612008 OD4412 LEANDER, KERRY D. TCSD instructor earnings 763.00
TCSD instructor earnings 504.00
TCSD instructor earnings 500.50
TCSD instructor earnings 385.D0 2,152.50
122541 03106!2008 011821 LEVER, DAWN refund: security deposit MPSC 150.00 150.00
122542 03!06!2008 004905 LIEBERT, CASSIDY& WHITMORE Jan HR legal svcsforTE060-D1 594.00 594.00
122543 D3/06/2008 003726 LIFE ASSIST INC Medical supplies: Paramedics 1,912.84 1,912.84
122544 03!06!2008 004772 MAACO AUTO PAINTING & Repair Building & Safety Truck 837.51 837.51
BODYWORK
Page:6
apChkLst Final Check List Page: 7
D3106/2DD8 11:5D:02AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122545 03/06/2008 003782 MAIN STREET SIGNS Street signslhardware: PVU Maint 3,622.79
Street signs:pw maint div 1,019.32
City seal logo decals:City fleet 754.25 5,396.36
122546 03/06/2008 000394 MAINTENANCE concrete fundamentals:PL/GGIJW 4I2 105.00 105.00
SUPERINTENDENTS
122547 03/06/2008 004141 MAINTEX INC custodial supplies:Old Town 92.54 92.54
122548 03/0612008 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 595.00
TCSD Instructor Earnings 140.00
TCSD Instructor Earnings 140.00 875.00
122549 03/06/2008 006993 MCMICHAEL, DANIEL JOHN CFD 88-12 Reimb:APN 91D353037 426.20 426.20
122550 03/06/2008 011819 MELGOZA, ROSARIO refund:sec.deposit/crc 2123/D8 400.00 400.00
122551 03/06/2008 006571 MELODY'S AD WORKS consulting srvcs:Westem Days 1,500.00
reimb expenses:Western Days 350.00 1,850.00
122552 03106!2008 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,179.38 8,179.38
122553 03106!2008 007210 MIDORI GARDENS enclose controller:calle aragon park 1,361.52
Idscp maint:sam hicks park 567.36
Idscp srvcs:sam hicks park 86.15 2,015.03
122554 03!0612008 011440 MILLMORE'S WAX CREW Gity vehicle detailing srvcs:PV1/ Depts 125.00 125.00
122555 03!06!2008 011820 MOJADO, LAWRENCE W refund:Outside My Window 15.99 15.99
122556 03106!2008 001986 MUZAK-SOUTHERN CALIFORNIA video system installation:lnfo Sys 460.D0
12!27107-1131108 video srvcs:lnfo Sys 140.D0
Feb echostar video prgm:lnfo Sys 125.27
Mar echostar video prgm:lnfo Sys 95.49
Mar music braadcast:Old Town 69.11
Mar "on-hold" phone music:City Fac's 61.46 951.33
122557 03106!2008 002925 NAPA AUTO PARTS City veh repair & maint:fire stn 84 57.94 57.94
122558 03106!2008 011818 NICKEL, LYNN refund:picnic shelterlrrsp 4!26!08 60.00 60.00
122559 03/06/2D08 D02139 NORTH COUNTY TIMES 1 yr subscr:City Clerk 165222 114.00 114.OD
Page:7
apChkLst Final Check List Page: 8
D3106/2DD8 11:5D:02AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122560 03/06/2008 010167 ODYSSEY POWER UPS PMlHVAC inspections:City Hall 467.50 467.50
GO RPO RATION
122561 03/06/2008 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairiMaint Svcs 249.41
City Vehicle RepairlMaint Svcs 166.48 415.89
122562 D3/06120D8 009694 ONSTAGE MUSICALS Monster Hits:Theater 2124108 4,591.00 4,591.00
122563 03!06!2008 001171 ORIENTAL TRADING COMPANY supplies:spring egg hunt 103.35
INC
program supplies: c. museum 28.85
program supplies: c. museum 15.11 147.31
122564 03106!2008 005573 PALOMA ELEMENTARY PTA refund:sec.depasit/CRC 6111107 150.00 150.00
122565 03/06/2008 010547 PARKS, RON Retirement Medical Payment 703.00 703.00
122566 D3/0612008 001958 PERS LONG TERM CARE PERS Long Term Gare Payment 3D5.56 305.56
PROGRAM
122567 031D6120D8 007484 PHILIPS MEDICAL SYSTEMS INC AED units:communityRED pgrm 6,910.01 6,910.01
122568 03/06/2008 001999 PITNEY BOWES Apr-Jun postage mtr rental:Cntrl Svvcs 269.11
Apr-Jun postage mtr rental: Stn 84 105.55 374.66
122569 03!0612008 010338 POOL & ELECTRICAL PRODUCTS Var pool chemicals:aquatics pgrm 500.63 500.63
INC
122570 031D6120D8 002185 POSTMASTER postage:"Inside Temecula" gtrly nwsltrs 5,215.99 5,215.99
122571 03/06/2008 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 496.20 496.20
122572 03106!2008 011706 QUINN, AMY TCSD Instructor Earnings 84.00 84.00
122573 03/06/2008 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 653.72
Feb 01-08-38009-D Fire Stn 92 53.57 707.29
122574 03/06/2008 000907 RANCHO TEMECULA CAR WASH City vehicle detailing srvcs:various 115.50 115.50
122575 03106!2008 002110 RENTAL SERVICE equip rental:PW mntc 135.24 135.24
GO RPO RATION
122576 03106/2008 004498 REPUBLIC INTELLIGENT Jan traffc sig repair&maint: pw maint 5,525.97 5,525.97
Page:B
apChkLst Final Check List Page: 9
03106/2008 11:5D:02AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
122577 03/06/2008 000418 RIVERSIDE GO CLERK & Res Imprv Prgm:Waoldridge, R. & T. 17.00 17.00
RECORDER
122578 03/06/2008 000418 RIVERSIDE CO CLERK & Res Imprv Prgm:Barnes, Douglas 16.00 16.00
RECORDER
122579 03!06!2008 000418 RIVERSIDE GO CLERK & Res Imprv Prgm:Grunauer, A. & V. 16.00 16.00
RECORDER
122580 03!0612008 000418 RIVERSIDE CO CLERK & Res Imprv Prgm:Dimopoulos, C. 16.00 16.00
RECORDER
122581 03/06/2008 000418 RIVERSIDE CO CLERK & Res Imprv Prgm:Hedberg, V. 16.00 16.00
RECORDER
122582 03/06/2008 000418 RIVERSIDE CO OLERK & Res Imprv Prgm:Comstack, J. & R. 11.00 11.00
RECORDER
122583 03!06!2008 000873 ROBERTS, RONALD H. reimb:Airfare 4126-513!08 Sister City 1,178.16 1,178.16
122584 03/0612008 011824 ROLING, DAVID refund:lifeguard training/5002.104 135.00 135.00
122585 03106!2008 008818 ROTARY CLUB OFTEMECULA Sec.Depasitlfheaterevent 2120!08 131.00 131.00
122586 03/06/2008 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,068.26 1,068.26
122587 03106!2008 007233 SAN BERNARDINO, COUNTY OF motorcycle academy training:police 1114 398.70 398.70
122588 03/06/2008 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50
122589 03!0612008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File # 2007052618 100.00 100.00
122590 03/06/2008 010745 SHERWIN WILLIAMS painting supplies:harvlake park 37.90
painting supplies:harv lake park 33.86
painting supplies:harv lake park 28.54 100.30
122591 03106!2008 004814 SIMON WONG ENGINEERING INC Jan eng srvcs:main st bridge pw03-05 11,426.49 11,426.49
122592 03106!2008 000645 SMART & FINAL INC misc supplies:tcc special events 96.01 96.01
122593 03/0612008 002718 SO CALIF CITY CLERKS ASSN general mtg:S.JonesiG.Flores 3120!08 70.00 70.00
Page9
apChkLst Final Check List Page: 10
D3106/2DD8 11:5D:02AM CITY OF TEMECULA
Bank : union UNION BANK OF CALIFORNIA (Gantinued)
Check # Date Vendor Description Amount Paid Check Total
122594 03/06/2008 000537 SO CALIF EDISON Feb 2-28-629-0507 Library 5,849.85
Feb 2-00-397-5042 City Hall 4,953.61
Feb 2-29-224-0173 Fire Stn 1,816.92
Feb 2-29-223-8607 Old Twn PED 1,715.70
Feb 2-29-295-3510 Woff Vlly 951.94
Feb 2-00-397-5067 various mtrs 888.78
Feb 2-29-458-7548 Wolf Grk PED 64.D1
Feb 2-29-953-8082 Wolf Valley 20.19
Feb 2-29-953-8447 Wlf Vlly Rd PED 16.38
Feb 2-29-953-8249 Wolf Grk Dr PED 16.38
Feb 2-29-657-2332 Redwood Rd PED 14.85 16,308.61
122595 03106!2008 002361 SO CALIF FPOS '08 mbrshp dues:S.Dakin 65.00 65.00
122596 03106!2008 001212 SO CALIF GAS COMPANY Feb 091-024-9300-5 CRG 5,637.97
Feb 091-085-1632-0 T.E.S. Pool 2,424.34
Feb 101-525-1560-6 Fire Stn 73 804.50
Feb 133-040-7373-0 Maint Fac 444.77
Feb 101-525-095D-0 TGC 3D4.85 9,616.43
122597 03!0612008 007851 SOUTHCOAST HEATING & AIR HVAC repair & maint: library 1,920.00
HVAC repair & maint: library 251.68
HVAC repair: west wing 150.00 2,321.68
122598 03!0612008 011823 SPRAGUE, KRISTf refund:lifeguard training15002.103 135.00 135.D0
122599 03106!2008 005786 SPRINT Jan 26 to Feb 25 cellular usage/equip 6,910.79 6,910.79
122600 03106!2008 000293 STADIUM PIZZA INC Rfrshmnts @stafftraining:G. Museum 56.50 56.50
122601 03106!2008 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 11,238.28 11,238.28
122602 03/0612008 D11341 STEARNS, CONRAD & SCHMIDT Jan consultant srvcs: EIR hospital prjt 1,353.00 1,353.00
122603 03106120D8 003840 STRONGS PAINTING painting srvcs:west wing 2,650.00 2,650.00
122604 03!06!2008 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 840.00
TCSD Instructor Earnings 302.40 1,142.40
122605 03106!2008 011667 T & T JANITORIAL INC Feb janitorial srvcs:mpsc 7,301.76 7,301.76
122606 03/06/2008 OD0305 TARGET BANK BUS CARD SRVCS misc.supplies:spring egg hunt 433.58 433.58
Page:10
apChk Lst
03106/2008 11:5D:02AM
Bank : union UNION BANK OF CALIFORNIA
Check # Date Vendor
122607 03/06/2008 001547 TEAMSTERS LOCAL 911
122608 03/0612008 008292 TEMECULA DIESEL AUTO
TRUCK
122609 03/0612008 010848 TEMECULA PLANTSGAPE
122610 03/0612008 000311 TEMECULA VALLEY HIGH
Final Check List
CITY OF TEMECULA
(Continued)
Description
Union Dues Payment
truck repair:pw maintenance div
truck repair pw maintenance div
Jan lease pmt:plants @ library
Fine Art Gala:Theater 2126108
122611 03/0612008 003067 TEMECULA VALLEY R V SERVICE Gity veh repair & maint:pd command post
122612 03/06/2008 003849 TERRYBERRYCOMPANY Service recognition pins: HR 2007
122613 03/06/2008 000316 THORNHILL, GARY Retirement Medical Payment
122614 03/06/2008 010276 TIME WARNER CABLE Feb high speed intemet CW
122615 03!06!2008 004145 TIME WARNER TELECOM Feb City phones general usage
Jan Gity phones general usage
122616 03/06/2008 004308 TOWNE & COUNTRY AUTO & Auto towing service: Police
TOWING
122617 03/06/2008 011825 U.S. BUREAU OF RECLAMATION cost share pmt:S.Marg River watershed
122618 03/0612008 000325 UNITED WAY
122619 03/06/2008 004261 VERIZON
122620 03/06/2008 010245 VILLA, DOLORES
122621 03106!2008 000339 WEST PUBLISHING CORP
122622 03/06/2008 011313 WIELAND ASSOCIATES INC
United Way Charities Payment
Feb xxx-5706 Field OPS Cntr
Feb xxx-2016 reverse 911
Feb xxx-3526 fire alarm
Feb xxx-9897 general usage
Feb x~oc-7786 C. Washington
Feb xxx-2676 general usage
Feb xxx-5696 Sports Complex
Retirement Medical Payment
Feb Law Library Judicial Updates
Jan Hospital noise study reprt:Planning
credit amount exceeds agreement
Amount Paid
5,198.00
1,558.30
176.00
400.00
753.25
261.52
100.86
703.00
54.95
1,027.65
1,027.65
130.00
59,322.00
69.00
301.80
120.39
100.51
88.57
33.50
33.49
33.49
585.88
35.56
1,466.60
-124.55
Page: 11
Check Total
5,198.00
1,734.30
400.00
753.25
261.52
100.86
703.00
54.95
2,055.30
130.00
59,322.00
69.00
711.75
585.88
35.56
1,342.05
Page:i 1
apChk Lst
D3106/2DD8 11:5D:02AM
Bank : union UNION BANK OF CALIFORNIA
Check # Date Vendor
122623 03/06/2008 011822 WINGER, SANdRA
122624 03(0612008 006363 WRIGHT, GRETGHEN
122625 03106/2008 OD5195 ZOOLOGICAL SOCIETY
Final Check List
CITY OF TEMECULA Page: 12
(Continued)
Description Amount Paid Check Total
refund:lifeguard training/5002.104 135.00 135.00
refund:Junior Golf Clinic/1500.101 50.00 50.00
mpsc excursion 3111108 306.00 306.00
Grand total for UNION BANK OF CALIFORNIA: 1,083,680.66
Page:12
apChkLst Final Check List Page: 13
D3JD612008 11:5D:02AM CITY OF TEMECl1LA
171 checks in this report.
Grand Total All Checks:
1,083, 680.66
Page:13
ITEM NCB. 4
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: March 18, 2008
SUBJECT: City Treasurer's Report as of January 31, 2008
PREPARED BY: Rudy Graciano, Revenue Manager
Shannon Buckley, Accountant
RECOMMENDATION: Approve and file the City Treasurer's Report as of January 31, 2008.
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 (LAIF)
reports, Union Bank of California trust and custody statements, and from US Bank 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, 2008.
FISCAL IMPACT: None.
ATTACHMENTS: City Treasurer's Report as of January 31, 2008
~~ '~.
City of Temecula
I ~ ~ I City of Temecula, Califarn is 43205 Business Park Drive
~, ~. ; Portfolio Management Temecua CA, 92590
I'~%~~ ~' Portfolio Summary (95t}694-6430
_ __ -'~~ January 31, 2008
Investments Par
Value Market
Value Book
Value % of
Portfolio
Term Days to
Maturity YTM
360 Equiv. YTM
365 Equiv.
Certificates of Deposit -Bank 970,x51.03 9?u,a51 .U;i 970,x51.03 O.a6 1,079 852 5.5x8 5.625
Managed Pool Accounts 86,222,208.95 86,222,208.95 86,222,208.95 41.25 1 1 4.454 4.516
LetlerafCredit 3.00 3.00 3.00 a.aa 1 1 a.aoa a.aaa
Local Agencylnvestment Funds 90,155,96x.15 90,205,084.08 90,155,960.15 43.13 1 1 4.557 4.620
Federal Agency Callable Securities 25,60x,000.00 26,061,96x.00 25,60x,000.00 12.25 1,529 1,318 5.106 5.177
FederalAgencyBulletSecurities 1,000,000.00 1,0x9,060.00 1,000,000.00 0.48 1,216 Say a.93a 5.002
Investment Contracts 5,a66,a88.76 5,066,x88.76 5,066,488.76 2.x2 9,336 7,157 x.289 x.349
209,015,111.89 209,576,269.82 209,016,111.89 100.00% 425 344 4.581 4.646
Investments
Gash and Accrued Interest
PassbooklChecking 3,258,299.91 3,258,299.91 3,258,299.91 1 1 0.117 x.118
(not included in yield calculations)
Accrued Interest at Purchase 1a,2a8.as 1 a,2aa.as
SUbtatal 3,268,547.97 3,268,547.97
Total Gash and Investments 212,273,411.80 212,843,807.79 212,283,659.86 425 344 4.581 4.645
Total Earnings January 31 Month Ending Fiscal Year To Date
Current Year 80T,543.44 6,863,579.84
Average Daily Balance 206,167,809.23 203,822,699.99
Effective Rate of Return 4.58% 5.72%
Reporting period 01!0112008-0113112008 Portfolio TEME
CP
Run Date: 03+05+2008 - 08:05 PM (PRF_PM1) SymRe~t &.41.202a
Re~rt Ver. 5.00
City of Temecula, California
Portfolio Management
Portfolio Details - InVestrnents
January 31, 2008
Page 2
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment t# Issuer Balance date Par Value Market Value Book Value Rate 360 365 Maturity Date
Certificates of Deposit -Bank
94686006-1 03-4 RESERVE USBANK
95453518-2 88-12 GENIM2 USBANK
08129./2007 96,467.50 9G46Z50 96,467.50 5A60 5.080 5.151 31 03.103.12008
06/1212607 873,983.53 873,983.53 873,983.53 5.600 5.600 5.678 943 0910112010
Subtotal and Average 970,451.03 970,451.03 970,451.03 970,451.03 5.548 5.625 852
Managed Pool Accounts
104348008 01-2 1MP
104348006 01-2 RES A
104348016 01-2 RES B
104.148000 01-2 SP TAX
94669911 03-1 ACQ At
94669921 03-1 ACQ 81
94669902 03-1 60ND
94669916 03-1 RES B
94669000 03-1 SP TAX
793593011 03-2 ACQ
793593009 03-2 EMW D
793593007 03-2 1MP
793593010 03-2 PW ADM
793593006 03-2 RES
793593000 03-2 SP TX
744727011 03-3 ACQ 1
744727002 03-3 BOND
744727007 03-3 CITY 1
744727009 03-3 EMW D 1
94669000 03-3 SP TAX
94686001 03-4 ADMIN
94686005 03-4 PREPMT
94686000 03-4 REDEMP
94686066 03-4 RES
78776002 03-G BOND
786776007 03-G IMP
786776006 03-6 RES
786776000 03-G SP TAX
95453510 88-12 BOND
95453518 88-12 GEN I
107886000 RDA OG A INT
107886010 RDA 06 B INT
107886008 RDA 06 CIP A
Run Date- C31f3.`,12~i08 - (38_C`
First American Treasury 253,790.27 253,790.27 253,790.27 1.750 1.726 1.750 1
First American Treasury 467,043.31 467,043.31 467,043.31 1.750 1.726 1.750 1
Firsk American Treasury 214,999.53 214,999.53 214,999.53 1.750 1.726 1.750 1
First American Treasury 30,897.64 30,897.64 30,897.64 1.750 1.726 1.756 1
First American Treasury 4,216.60 4,216.60 4,216.66 1.750 1.726 1.750 1
First American Treasury 14,914.96 14,914.96 14,914.96 1.750 1.726 1.750 1
First American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 1
First American Treasury 245,933.95 245,933.95 245,933.95 1.750 1.726 1.756 1
First American Treasury 148,147.30 148,147.30 148,147.30 1.750 1.726 1.750 1
First American Treasury 90,824.64 90,824.64 90,824.64 1.750 1.726 1.750 1
Firsk American Treasury 4,174.00 4,174.0D 4,174.D0 1.750 1.726 1.750 1
First American Treasury 3,396.73 3,396.73 3,396.73 1.750 1.726 1.756 1
First American Treasury 2,537.51 2,537.51 2,537.51 1.75D 1.726 1.750 1
First American Treasury 362.74 362.74 362.74 1.750 1.726 1.750 1
First American Treasury 1,513.52 1,513.52 1,513.52 1.750 1.726 1.750 1
First American Treasury 8,973.79 8,973.79 6,973.79 1.750 1.726 1.750 1
First American Treasury 0.51 0.51 0.51 1.9GD 1.933 1.960 1
First American Treasury 832.07 832.47 832.07 1.750 1.726 1.750 1
Firsk American Treasury 136.61 136.61 136.61 1.750 1.726 1.750 1
First American Treasury 63,495.91 63,495.91 63,495.91 1.750 1.726 1.756 1
First American Treasury 17,651.39 17,651.39 17,651.39 1.750 1.726 1.750 1
First American Treasury 4,018.11 4,018.11 4,618.11 1.750 1.726 1.750 1
Firsk American Treasury 7,286.32 7,280.32 7,280.32 1.750 1.726 1.750 1
First American Treasury 11,833.11 11,833.11 11,633.11 1.750 1.726 1.756 1
First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1
First American Treasury 17.94 17.94 17.94 1.730 1.766 1.730 1
Firsk American Treasury 343,470.03 343,470.03 343,47D.D3 1.750 1.726 1.750 1
First American Treasury 692.26 692.26 692.26 1.750 1.726 1.756 1
First American Treasury 43,644.49 43,644.49 43,644.49 1.75D 1.726 1.750 1
First American Treasury 07/01/2007 14,173.36 14,173.36 14,173.36 1.750 1.726 1.750 1
Firsk American Treasury 383,226.49 383,220.49 383,220.49 1.750 1.726 1.750 1
First American Treasury 28.40 28.40 28.46 1.760 1.736 1.766 1
First American Treasury 913.90 913.90 913.90 1.750 1.726 1.750 1
PartfalioTEME
CP
PM (PRF_PM2} SymRept 6.41.2t12a
Report Ver. 5.(30
City of Temecula, California
Portfolio Management
Portfolio Details - In~estrnents
January 31, 2008
Page 3
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment t# Issuer Balance date Par Value Market Value Book Valua Rate 360 365 Maturity Date
Managed Pool Accounts
10788601 B RDA 06 CIP B First American Treasury 6,735.42 6,735.42 6,735.42 1.750 1.726 1.750 1
1 078860 1 6 RDA 06 RES B First American Treasury 2,157.27 2,157.27 2,157.27 1.750 1.726 1.750 1
107886030 RDA 07 CAP I First American Treasury 11/01/2007 66.28 66.28 66.28 1.750 1.726 1.750 1
107886029 RDA 07 COI First American Treasury 11/0112007 68,883.46 68,883.46 68,883.46 1.750 1.726 1.750 1
107886027 RDA 07 ESCRO First American Treasury 11i01i2007 448.86 446.66 448.86 1.750 1.726 1.750 1
107886028 RDA 07 PROJE First American Treasury 11(01!2007 1,585.63 1,585.63 1,585.63 1.75D 1.726 1.750 1
107886026 RDA 07 RESER First American Treasury 11/01/2007 90.27 90.27 90.27 1.750 1.726 1.750 1
94434160 RDA TABS INT First American Treasury 669,326.73 669,326.73 669,326.73 1.750 1.726 1.750 1
94432360 TCSD COPS IN First American Treasury 726.45 726.45 726.45 1.750 1.726 1.750 1
793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 07/01!2007 40,757,273.19 40,757,273.19 40,757,273.19 4.620 4.557 4.620 1
793593009-1 03-2-1 EMWD CA Local Agency hivestment Fun 07/01/2007 1,490,770.35 1,490,770.35 1,490,770.35 4.620 4.557 4.620 1
793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/0112007 1,146,982.55 1,146,982.55 1,146,982.55 4.620 4.557 4.624 1
793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01/2007 685,582.95 685,582.95 685,582.95 4.620 4.557 4.620 1
793593006-3 03-2-3 RESER CA Local Agency hivestment Fw~ 07101!2007 3,719,252.13 3,719,252.13 3,719,252.13 4.620 4.557 4.620 1
1 078860 08-1 RDA O6 CIP-1 CA Local Agency hivestment Fun 17,162,676.63 17,162,676.63 17,162,67663 4.620 4.557 4.620 1
107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,925,513.03 2,925,513.03 2,925,513.03 4.620 4.557 4.620 1
107886030-1 RDA 07 CAP-1 CA Local Agency hivestment Fun 11/01/2007 596,531.25 59G,53L25 596,531.25 4.620 4.557 4.620 1
107886027-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11101!2007 4,040,000.00 4,040,000.00 4,04Q,000.00 4.620 4.557 4.620 1
107886028-1 RDA 07 PRO-1 CA Local Agency hivestment Fun 11/01/2007 9,752,018.75 9,752,018.75 9,752,018.75 4.620 4.557 4.620 1
107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/0112007 812,450.00 812,450.00 812,450.00 4.620 4.557 4.620 1
107886006 RDA OG RES A MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 1
94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.16D 2.190 1
Subtotal and Average 85,450,666.87 86,222,208.95 86,222,208.95 86,222,208.95 4.454 4.516 1
Letter of Gredit
104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2007 1.00 1.00 1.00 0.000 a.aoo 1
793593006-2 02006 Citibank, N.A. 07/01/2007 1.00 1.00 1.00 0.000 0.000 1
793593006-1 02005 Ohio Savings Bank 07101!2007 1.00 1.00 1.00 0.000 0.000 1
Subtatal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1
Local Agency Investment Funds
94669911-1 03-1 ACOA2 CA Local Agency hivestment Fun 1,448,916.93 1,448,916.93 1,448,916.93 4.620 4.557 4.620 1
94669921-1 03-1 ACO B2 CA Local Agency hwestment Fun 3,705,206.98 3,705,206.98 3,705,206.98 4.620 4.557 4.620 1
744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 8,949,994.87 8,949,994.87 8,949,994.87 4.620 4.557 4.620 1
744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,677,361.04 2,677,361.04 2,677,361.04 4.620 4.557 4.620 1
744727009-1 03-3 EMWD 2 CA Local Agency Investment Fun 534,243.58 534,243.58 534,243.58 4.620 4.557 4.620 1
786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 505,024.36 505,024.36 505,024.36 4.620 4.557 4.620 1
SYSCITY CITY CA Local Agency hivestment Fun 35,077,624.61 35,101,446.36 35,077,624.61 4.620 4.557 4.620 1
PartfalioTEME
GP
Run Oate: 03105!2008 - 08:05
PM (PRF_PM2} SymRept 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - In'vestrnents
January 31, 2008
Page 4
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
SYSRDA RDA CA Local Agency Investment Fun 19,918,661.32 19,932,168.38 19,916,661.32 4.620 4.557 4.620 1
SYSTCSD TCSD CA Local Agency Investment Fun 17,338,926.46 17,350,701.58 17,338,926.46 4.620 4.557 4.620 1
Subtotal and Average 73,078,797.03 90,155,960.15 90,205,084.08 90,155,960.15 4.557 4.620 1
Federal Agency Callable Securities
3133X4M1 01075 Federal Farm Credit Bank 09128!2007 1,000,000.60 1,036,250.00 1,000,OOO.a4 5.000 4.932 5.600 1,701 09/2812012
3133XD3R0 01036 Feder'aI Home Loan Bank 69/28/2005 2,000,000.00 2,005,000.00 2,000,000.00 4.500 4.438 4.500 56 03/28/2008
3133X}CGD1 01063 Federal Home Loan Bank 44/2512007 200,060.60 201,062.00 200,000.00 5.250 5.177 5.249 865 04116!2010
3133XKGD1 01464 Federal Home Loan Bank 04126.12007 1,000,000.00 1,005,310.00 1,00O,OOo.aO 5.250 5.177 5.249 605 44!16!2410
3133XL4P5 D106G Federal Home Loan Bank OG/04!2007 1,000,006.60 1,008,440.00 1,000,000.00 5.300 5.227 5.304 854 06/04/2010
3133XL6S7 61067 Federal Home Loan Bank 06106./2007 1,000,000.00 1,011,880.40 1,000,600.00 6.000 5.918 6.000 1,587 06/06/2012
3133XLBS1 01068 Federal Home Loan Bank 47119!2067 1,060,400.00 1,010,630.00 1,000,OOO.aO 5.540 5.423 5.498 875 06125!2010
3133XLSQ7 01469 Federal Home Loan Bank 07130./2007 1,040,000.00 1,443,756.60 1,OoQ,o0o.00 5.650 5.573 5.650 1,641 07!36.12012
3133XLXW8 01071 Federal Home Loan Bank 48,!15!2407 1,464,006.00 1,015,630.00 1,000,000.04 5.500 5.425 5.500 1,657 08!1512012
3133XK2N4 61072 Federal Home Loan Bank 08/24/2007 2,600,000.00 2,060,006.00 2,000,000.00 5.330 5.256 5.329 1,495 03.166./2012
3133XM5R8 01073 Federal Home Loan Bank 08,2812007 1,000,060.00 1,037,190.00 1,000,000.00 5.080 5.011 5.x84 1,302 48126!2011
3133XM5E7 01074 Federal Home Loan Bank 06/28/2007 1,000,000.00 1,038,440.00 1,060,000.60 5.220 5.135 5.206 1,670 08128!2012
3133XMDMa 01077 Federal Home Loan Bank 10,~02l2007 1,000,000.60 1,416,880.00 1,060,006.00 5.306 5.227 5.300 1,705 10/62/2012
3133XMLM1 61079 Federal Home Loan Bank 10/17/2007 1,000,000.00 1,617,190.00 1,000,600.00 5.000 4.930 4.999 1,354 10!17/2011
3133XMLG4 01080 Federal Home Loan Bank 10118!2467 1,000,000.00 1,017,500.00 1,000,OOO.aO 5.240 5.128 5.200 1,712 10!09!2012
3133XKH24 1062 Federal Home Loan Bank 04/16.12007 1,000,000.00 1,031,886.60 1,000,600.00 5.250 5.178 5.256 1,536 04.116.12012
3128XGML7 01076 Federal Home Loan Mtg Corp 10/01!2407 1,000,000.00 1,013,950.00 1,000,000.04 5.000 4.932 5.000 973 10!0112010
3128XGMQ6 61481 Federal Home Loan Mtg Corp 10/18/2007 1,000,006.00 1,413,240.00 1,000,000.00 5.250 5.177 5.249 1,704 10.10112012
3128XGRP3 01082 Federal Home Loan Mtg Corp 11128;2007 1,400,000.00 1,412,782.00 1,400,000.00 4.600 4.537 4.600 1,029 11126,2010
3128XGUL8 01683 Federal Home Loan Mtg Corp 01/03/2008 2,o0g0oa.00 2,016,520.00 2,060,000.00 5.000 4.931 4.999 1,775 12/1112012
31398ADFG 01074 Federal National Mtg Assn 08,0912007 1,000,000.00 1,016,940.00 1,060,000.00 5.600 5.521 5.598 1,593 06/12/2012
3136F8TE5 61078 Federal National Mtg Assn 10115.12007 1,060,000.00 1,616,560.00 1,000,000.00 5.002 4.936 5.005 1,266 07!15.12011
31398ABC5 1065 Federal National Mtg Assn 05111!2067 1,064,406.04 1,024,940.00 1,000,400.04 5.340 5.227 5.300 1,557 05!07!2012
Subtotal and Average 32,862,580.65 25,600,000.00 26,061,964.00 25,600,000.00 5.146 5.177 1,318
Federal Agency Bullet Securities
31331XMQ2 01059 Federal Farm Credit Bank
Subtotal and Average 1,000,000.00
01/26!2007 1,000,000.00 1,049,060.00 1,000,000.00 5.000
1, 000,000.00 1,049,060.00 1,000, 000.00
4.934 5.002 845 05126!2010
4.934 5.002 845
Investment Contracts
94669946-1 03-1 RES A2 American International Group M
744727006-t 03-3 RESERV IXIS Funding Carp
95453518-1 88-12 GEN IM IXIS Funding Ca'p
Run oa.te- C31f3.`,12~i08 - (~8_C`
44/28/2004 863,900.00 663,900.00 863,906.00 4.830 4.764 4.$30 9,343 08/3112033
47/28/2004 2,171,120.00 2,171,120.00 2,171,120.04 3.000 2.959 3.000 9,708 08/31/2034
07/24/1998 500,000.60 540,006.60 500,000.00 5.430 5.509 5.585 3,500 09.101!2017
PartfalioTEME
CP
PM (PRF_PM2} SymRept 6.41.21126
City of Temecula, California
Portfolio Management
Portfolio Details - In'vestrnents
January 31, 2008
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
Investment Contracts
95453516-1 86-12 RES 2 IXIS Funding Coup 07124!1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 3,500 09101?2017
Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,157
Total and Average 206,167,809.23 209,015,111.89 209,575,259.82 209,015,111.89 4.581 4.645 344
Ru~~ Date- C31~512Q08 - 08-C`
PartfalioTEME
CP
PM (PRF_PM2} SymRept 6.41.2112a
City of Temecula, California
Portfolio Management
Portfolio Details -Cash
January 31, 2008
Page 6
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
SYSBARNHART 1 BARNHART 1 California Ba~ik & Trust 135,330.86 135,330.86 135,330.86 2.850 2.611 2.850 1
PFF BANK & TRUS PFF BANK PFF BANK & TRUST 15.70 15.70 15.70 1.736 1.712 1.736 1
Passbook/Checking Accounts
SYSPetty Cash Petty Cash City of Temecula 07/01/2007 2,710.00 2,710.00 2,710.00 0.000 0.000 1
SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01!2007 12,102.47 12,102.47 12,102.47 0.000 a.ooo 1
SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2007 3,084,462.13 3,084,462.13 3,084,462.13 0.000 0.000 1
SYSParking Ck PARKING CITA Uniai Bank of California 07/0112007 23,678.75 23,678.75 23,678.75 0.000 0.000 1
Average Balance 0.00 Accrued Interest at Purchase 10,248.06 10,248.06 1
Subtotal 3,268,547.97 3,268,547.97
Total Cash and Investments 206,167,809.23 212,273,411.80 212,843,807.79 212,283,659.86 4.581 4.645 344
Run orr esiesr2eoz - ua o~
PartfalioTEME
CP
PM (PRF_PM2} SymRept 6.41.2112a
CASH AND INVESTMENTS REPORT
CITY OF TEMECULA
THROUGH JANUARY 2008
001 GENERAL FUND
100 STATE GAS TAX FUND
101 STATE TRANSPORTATION FUND
120 DEVELOPMENT IMPACT FUND
150 AB 2766 FUND
165 RDA DEV LOW/MOD 20% 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" REFUSE(RECYCLING
195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
210 CAPITAL IMPROVEMENT PROJECT FUND
272 CFD O1-2 HARVESTON A&B IMPROVEMENT FUND
273 CFD 03-1 CROWNS HILL 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
472 CFD Ol-2 HARVESTON A&B DEBT SERVICE
473 CFD 03-1 CROWNS 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
GRAND TOTAL
Fund Tatal
$ 44,570,398,92
296,620,46
6,822,23
4,009,665,92
442,454.84
7,216,159.12
6,817,050,02
972,548,05
229,709.80
602,912, 02
2,599,280.42
39,131.10
273,468,98
1,597,361,82
21,548,898,52
253,790.27
5,173,255,47
12,171,541,96
505,042,30
43,493,421.46
32,312,355,83
1,456,731.65
633,686.26
725,744,54
301,098,03
132,936,66
8,106,782,01
7,884,21
3,991,668.19
1,245,935.21
1,759,470,80
203,835,18
3,509,017,29
502,419,62
5,134,708,57
$ 212,843,807.79
ITEM NCB. 5
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jerry Williams, Chief of Police
DATE: March 18, 2008
SUBJECT: Old Town Police Department Storefront Lease
PREPARED BY: Heidi Schrader, Management Analyst
RECOMMENDATION: That the City Council approve an additional allocation of $26,816.00
with D.L. Phares & Associates for the lease of the Police Department Old Town Storefront to
complete the term of the lease which expires February 1, 2009.
BACKGROUND: The City of Temecula Police Department has operated a storefront
facility at 28410 Front Street, Suite 105, since February 25, 2000. This storefront offers police
services to the community, which include filing copies of police reports, collecting impound and
repossession fees, and providing crime prevention assistance. The storefront also serves as the
current base of operations for the City's Community Action Patrol (CAP).
The City of Temecula leases the storefront property from The Gabriel Family Trust and Old Town
Plaza, LLC through their agent D.L. Phares & Associates, a property management firm. In February
2000, the initial lease was approved with a base monthly rental rate of $1,000 a month. The base
monthly rental rate is adjusted annually based on the 11th District Cost of Funds with a minimum
increase of 4% and a maximum increase of 6%. In addition to the monthly rental rate, the City pays
a common area maintenance (CAM) charge on a monthly basis.
The original lease expired February 1, 2003, and has been extended via addendum to February 1,
2009. The base monthly rental rate increased to $1,875 a month ($1.25 a square foot), which is $.35
a square foot less than comparative property rates. On February 1, 2007, that lease amount
increased to $1,957.50. On February 1, 2008, it increased to $2,039.13. This will be the last
increase of the current lease. The CAM charge will also increase based on real maintenance costs.
It is therefore anticipated that the remaining lease costs will be $26,816.00 for a total three-year
lease amount of $94,316.00.
FISCAL IMPACT: Adequate funds existwithin the 2007-08 Police Department budgetto
meet the increased base monthly rental rate.
ITEM NCB. 6
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Herman D. Parker, Director of Community Services
DATE: March 18, 2008
SUBJECT: Acceptance of Grant Deed -Wolf Creek Park
PREPARED BY: Cathy McCarthy, Development Services Administrator
RECOMMENDATION: That the City Council authorize acceptance of the Grant Deed forthe
Wolf Creek Park, located in the Wolf Creek development and direct staff to proceed with the
necessary actions to cause the deed to be recorded.
BACKGROUND: Wolf Creek is a large Specific Plan development in the southern part
of the City east of Pechanga Parkway. As part of this project, the developer is conditioned to
construct and dedicate a six acre neighborhood park to the City.
Wolf Creek Park located on Wolf Creek Drive and Wolf Valley Road includes a tot lot, gazebos,
picnic tables, benches and walkways. All improvements have been completed to the satisfaction of
the Community Services Director. A policy of title insurance will be provided by the developer to
accompany the transfer of title to the City.
FISCAL IMPACT: Cost for maintaining Wolf Creek Park for the remaining portion of this
fiscal year has been estimated at $18,500 and is included in the Temecula Community Service
District current budget. The developer is entitled to receive fee credit against the park and
recreation component of the City Development Impact Fee (DIF) in accordance with the
Development Agreement between City of Temecula and S-P Murdy, LLC dated February 13, 2001.
ATTACHMENTS: 1) Grant Deed
2) Vicinity Map
EXEMPT RECORDING REQUESTED BY
City of Temecula
PER GOVT CODE § 27383
AND WHEN RECORDED MAIL TO:
Office of the City Clerk
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
MAIL TAX STATEMENTS TO:
City of Temecula
P.O. Box 9033
Temecula CA 92589-9033
EXEMPT RECORDING
GRANT DEED
The undersigned grantor declares:
SPACE ABOVE THIS LINE
FOR RECORDER'S USE
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Wolf Creek Development, LLC, a California limited liability company
hereby grants to the CITY OF TEMECULA, a municipal corporation, the following described real
property in the City of Temecula, County of Riverside, State of California:
See Exhibit "A" -Legal Description and Exhibit "B" -Map attached hereto,
Executed on F=C~1~ 2~~ , 2008, at ~;~rC~t'~~ ,California.
Signature
Type/Print Name
Position
Signature
Type/Print Name
Author' ed Representative
Position
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On February 20, 2008 before me, Sarah McPherson ,Notary Public
personally appeared August Belmont and Michael J. White
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) jar/are
subscribed to the within instrument and acknowledged to me that he/s#e/they executed
the same in hisll~er/trteir authorized capacity(ies), and that by hisitrr/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under penalty of perjury under the law of the State of California that the foregoing
paragraph is true and correct.
BARAH MCPHER80N
Witness my hand and official seal. ~ Comml:alon +P 1530302
p - 1 Notary Public - Callfomlo
Signature ~~1(~~l \ N~C~-'~' ~ ~ (~~~l~l'~ ~ r Rivsralde county
27
Description of Attached Document
Title or Type of Document: Grant Deed
Document Date: 2izo~oa Number of Pages:
Signer(s) Other Than Named Above: NIA
Capacity(ies) Claimed By Signer
Name: August Belmont and Michael J. White
ite Officer -- Tltle(S): Authorized Representative
-- Limited, General
or Conservator
Signer Is Representing: standard Pacific Homes
SHEET 1 OF 2 SHEETS
BEING LOT 14 OF TRACT MAP NO. 29305-1, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, FILED IN BOOK 350, PAGES 65 THROUGH 78, INCLUSIVE, OF MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 14, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 14, SAID POINT BEING ALSO THE
NORTHERLY RIGHT-OF-WAY LINE OF WOLF CREEK DRIVE N. (85.00 FEET WIDE) AS SHOWN ON
SAID MAP;
THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 52°05'35" WEST, A DISTANCE OF 63.77 FEET
TO A POINT OF CUSP WITH A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 8.77
FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 37°54'25" WEST;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTHEASTERLY AND NORTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 13.78 FEET;
THENCE NORTH 37°54'25" EAST, A DISTANCE OF 10.56 FEET;
THENCE NORTH 52°05'35" WEST, A DISTANCE OF 7.00 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 6.65 FEET;
THENCE NORTHWESTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 180°00'00", AN ARC DISTANCE OF 20.90 FEET;
THENCE SOUTH 52°05'35" EAST, A DISTANCE OF 7.13 FEET TO A POINT ON A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 47°55'19" WEST;
THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 82°28'29", AN ARC DISTANCE OF 71.97 FEET;
THENCE ALONG ANON-TANGENT LINE NORTH 37°54'26" EAST, A DISTANCE OF 7.09 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
6.66 FEET;
THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 179°59'59", AN ARC DISTANCE OF 20.91 FEET;
THENCE SOUTH 37°54'25" WEST, A DISTANCE OF 7.00 FEET;
THENCE SOUTH 52°05'35" EAST, A DISTANCE OF 9.61 FEET TO A POINT IN THE NORTHERLY
RIGHT-OF-WAY LINE OF WOLF VALLEY ROAD (110.00 FEET WIDE) AS SHOWN ON SAID MAP;
THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 37°54'25" WEST, A DISTANCE OF 55.00 FEET
TO AN ANGLE POINT;
THENCE LEAVING SAID ANGLE POINT, SOUTH 69°54'45" WEST, A DISTANCE OF 28.30 FEET TO
THE POINT OF BEGINNING.
CONTAINS: 256,602.00 SO. FT., 5.89 ACRES, MORE OR LESS
SHEET 2 OF 2 SHEETS
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
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EXP. DATE 09/30/07 ~
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EXP. 9-30-09
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EASEMENT NOTES
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ITEM NCB. 7
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works
DATE: March 18, 2008
SUBJECT: Completion and Acceptance of the Interstate-15 Sign Replacement-Temecula
Parkway Name Addition to Highway 79 South, Project No. PW06-13
PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP
Kavon Haghighi, Associate Engineer -CIP
RECOMMENDATION: That the City Council:
1. Accept the construction of the Interstate-15 Sign Replacement-Temecula Parkway
Name Addition to Highway 79 South, Project No. PW06-13, as complete.
2. Direct the City Clerk to file and record the Notice of Completion.
BACKGROUND: On January 20, 2005, the California Transportation Commission
(CTC) approved Resolution No. R3596, relinquishing the portions of Highway 79 South within the
Temecula City Limits to the City of Temecula. Subsequently, on March 28, 2006, the City Council
adopted Resolution No. 06-32, changing the name of Highway 79 South to Temecula Parkway. The
resolution identified October 1, 2007 as the effective date for the name change.
In order to meet the October 1, 2007 date, staff had determined that the best option to accomplish
the sign replacement on Interstate 15 was to establish purchase and installation agreements with
Zumar Industries to manufacture the freeway signs, Coral Construction Company to install the
freeway signs, DBX, Inc. to install traffic signal mast arm signs along Temecula Parkway, Main
Street Signs Company to manufacture standard street name signs and have the City's maintenance
staff install the street signs.
All the aforementioned companies have completed the work to the satisfaction of the Director of
Public Works and as such it is appropriate at this time to accept the improvements and file a notice
of completion on the project.
The total amount expended on the aforementioned agreements is $113,834.69.
FISCAL IMPACT: Interstate-15Sign Replacement-Temecula Parkway Name Addition to
Highway 79 South, Project No. PW06-13 was funded bythe Capital Project Reserves. The actual
construction cost of the project was $113,834.69.
ATTACHMENTS: Notice of Completion
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
P.O. Bax 9033
43200 Business Park Drive
Temecula, CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California
9259x.
3. The Nature of Interest are purchase and installation agreements established with Zumar
Industries, Coral Construction Company, DBX, Inc., and Main Street Signs Company to perform the following
work of improvement:
Interstate 15 Sign Replacement
Temecula Parkway Name Addition to Highway 79 South
Project No. PW06-13
4. Said work was completed by said companies to the satisfaction of the Director of Public
Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at
a regular meeting thereof held on March 18, 2008.
5. The property on which said work of improvement was completed is in the City of Temecula,
County of Riverside, State of California, and is described as follows:
Interstate 15 Sign Replacement
Temecula Parkway Name Addition to Highway 79 South
Project No. PW06-13
6. The location of said property is: Interstate 15 and Highway 79 South within Temecula,
California.
Dated at Temecula, California, this 18th day of March 2008
City of Temecula
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
Susan W. Jones MMC, City Clerk
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of
perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF
COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of
Riverside by said City Council.
Dated at Temecula, California, this 18th day of March 2008
City of Temecula
Susan W. Jones M MC, City Clerk
C:SPrograrn Files ix861Weevia.ComSCJOCUrnerit Coir~erYerltemp1a7411Zdoc
ITEM NCB. S
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works
DATE: March 18, 2008
SUBJECT: Award a Construction Contract for the Old Town Infrastructure Project (Town
Square and Mercedes & Main Street Improvements) -Project No. PW06-07
PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP
David McBride, Senior Engineer
RECOMMENDATION: That the City Council:
Award a construction contract for Project No. PW06-07, the Old Town Infrastructure
Project (Town Square and Mercedes & Main Street Improvements) to L H
Engineering Company, Inc. in the amount of $3,458,495.00 and authorize the Mayor
to execute the contract.
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $345,849.50 which is equal to 10% of the contract amount.
BACKGROUND: The Town Square work generally involves grading, drainage, utility
work (i.e., site electrical, lighting, water, etc.), hardscape, landscaping, irrigation, planting and a 3-
level ornamental fountain with an underground pump/equipment vault. The street improvements
include, but are not limited to: the widening and reconstruction of Mercedes Street between 2nd and
6th Streets, the abandonment and removal of 3~d Street east of Mercedes Street, the abandonment
and removal of Main Street midway between Old Town Front Street and Mercedes easterly and the
construction of Main Street to a new "U" shape alignment. The street improvements generally
involves grading, utility installations, relocations and/or removals, storm drain system, street
improvements, driveway modifications, signage & striping, traffic control, construction phasing and
any other appurtenant items of work.
On November 27, 2007, City Council approved the plans and specifications for the project and
authorized staff to solicit construction. On Thursday, February 28, 2008, six bids were opened and
publicly read aloud. The results were as follows:
1. L H Engineering Company, Inc. $3,458,495.00
2. Landmark Site Contractors 3,516,522.60
Los Angeles Engineering, Inc. 3,997,741.97
Hillcrest Contracting, Inc. 4,229,634.55
Western Rim Constructors, Inc. 4,219,284.60
Hazard Construction Company 4,486,622.00
The specifications allow for one hundred and forty (140) working days, which is an approximate
duration of 7 months.
Staff has reviewed the bid proposals and found L H Engineering Company, Inc. to be the lowest
responsible bidder. L H Engineering has public contracting experience and has successfully
undertaken similar projects, smaller in dollar value, far various public agencies in Southern
California.
Staff will be processing a no cost Contract Change Order to revise the curb radius at corner of
Mercedes and 2"d Streets to eliminate a 4" encroachment outside the existing right-of-way.
FISCAL IMPACT: The Old Town Infrastructure Project (Town Square & Mercedes and
Main Street Improvements) Project No. PW06-07 is funded with Redevelopment Agency Bond
Proceeds. Adequate funds are available within project accounts No. 210-165-636-5804 and 210-
165-643-5804 for this $3,804,344.50 request, which includes the $3,458,495.00 contract plus a
$345,849.50 contingency.
ATTACHMENTS:
1. Location Maps
2. Project Descriptions
3. Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PWQ6-07
OLD TOWN INFRASTRUCTURE PROJECT
TOWN SQUARE AND MERCEDES & MAIN
STREET IMPROVEMENT PLANS
THIS CONTRACT, made and entered into the 18th day of March, 2008 by and between the
City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and L H
Engineering Company, Inc., hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Native Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Band, Plans and Specifications entitled PROJECT NO.
PWQ6-07, OLD TOWN INFRASTRUCTURE PROJECT, TOWN SQUARE AND
MERCEDES & MAIN STREET IMPROVEMENT PLANS, Insurance Forms, this
Contract, and all modifications and amendments thereto, the State of California
Standard Plans and Specifications far Construction of Local Streets and Roads, (latest
edition), issued by the California Department of Transportation, where specifically
referenced in the Plans, Special Provisions, and Technical Specifications, and the latest
version of the Standard Specifications for Public Works Construction, including all
supplements as written and promulgated by Public Works Standards, Inc (hereinafter,
"Standard Specifications") as amended by the General Specifications, Special
Provisions, and Technical Specifications for PROJECT NO. PW06-07, OLD TOWN
INFRASTRUCTURE PROJECT, TOWN SQUARE AND MERCEDES & MAIN STREET
IMPROVEMENT PLANS. Copies of these Standard Specifications are available from
the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714} 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods far this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications far PROJECT NO.
PWQ6-07, OLD TOWN INFRASTRUCTURE PROJECT, TOWN SQUARE AND
MERCEDES & MAIN STREET IMPROVEMENT PLANS.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu af, such conflicting portions.
CONTRACT C - '~ C:lorogram Files (~86JW eeNa CamVl ocumeM Canvatlertlem p1974155 doc
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be
as binding as if called for by all. Any conflict between this Contract and any other
Contract Document shall be resolved in favor of this Contract.
SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required far the following:
PROJECT NO. PW06-07
OLD TOWN INFRASTRUCTURE PROJECT
TOWN SQUARE AND MERCEDES & MAIN STREET IMPROVEMENT PLANS
All of said work to be performed and materials to be furnished shall be in strict
accordance with the Drawings and Specifications and the provisions of the Contract
Documents hereinabove enumerated and adopted by CITY.
CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY ar its authorized representatives.
CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the
sum of: THREE MILLION FOUR HUNDRED and FIFTY EIGHT THOUSAND FOUR
HUNDRED and NINETY FIVE DOLLARS and NO CENTS {$ 3,458,495.00), the total
amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed One Hundred
Forty (140) working days, commencing with delivery of a Notice to Proceed by CITY.
Construction shall not commence until bonds and insurance are approved by CITY.
CHANGE ORDERS. All change orders shall be approved by the City Council, except
that the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
PAYMENTS
A.
LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis far reviewing the CONTRACTOR's
payment requests.
CONTRACT C - 2 C:lorogram Files (~86JW eeNa CamVl ocumeM Canvatlertlem p1974155 doc
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%} of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing aone-year Warranty and an Affidavit of Final Release with the CITY on
forms provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work
for which payment is demanded has been performed in accordance with the
terms of the Contract, and that the amount stated in the certificate is due under
the terms of the Contract. Partial payments on the Contract price shall not be
considered as an acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty
(30) days pursuant to Public Contracts Code Section 20104.50. Public Contract
Code Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to
reduce the retention to the Engineer.
LIQUIDATED DAMAGES -EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of
five thousand dollars ($5,000.00) per day for each calendar day completion is delayed
beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be
deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated
damages for unforeseeable delays beyond the control of, and without the fault ar
negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10)
calendar days of the occurrence of such delay, CONTRACTOR shall give written notice
to CITY. Within thirty (30} calendar days of the occurrence of the delay, CONTRACTOR
shall provide written documentation sufficient to support its delay claim to CITY.
CONTRACTOR'S failure to provide such notice and documentation shall constitute
CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY.
WAIVER OF CLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as
to work related to the payment. Unless the CONTRACTOR has disputed the amount of
the payment, the acceptance by CONTRACTOR of each payment shall constitute a
release of all claims against the CITY related to the payment. CONTRACTOR shall be
CONTRACT C - 3 C:lorogram Files (~86JW eeNa CamVl ocumeM Canvatlertlem p1974155 doc
required to execute an affidavit, release, and indemnity agreement with each claim for
payment.
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 far each
craft, classification, or type of workman needed to execute this Contract, from the
Director of the Department of Industrial Relations. These rates are available from the
California Department of Industrial Relation's Internet Web Site at http:/lwvwv.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 far each calendar day, or portion thereof, far each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in
violation of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its
officers, emplayees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR'S employees included) and damage to property, arising directly ar
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sale willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project.
The CITY shall deduct such costs from Progress Payments or final payments due to the
CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its emplayees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract ar securing
favorable treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee,
or any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been
employed by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
CONTRACT C - 4 C:lorogram Files (~86JW eeNa CamVl ocumeM Canvatlertlem p1974155 doc
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion,
national origin, color, sex age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Contract and also govern the interpretation of this Contract. Any litigation
concerning this Contract shall take place in the municipal, superior, or federal district
court with geographic jurisdiction aver the City of Temecula. In the event of litigation
between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs
incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct ar indirect, in the contract of the
proceeds thereof during hislher tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, 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 contracting party other than the City of Temecula, and that if any such interest
camas to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 (commencing with
Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
CONTRACT C - 5 C lorogram Files (~86JW eeNa CamVl ocumeM Canvetlertlem p1974155 dec
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address: Street Address:
William G. Hughes William G. Hughes
Director of Public Works Director of Public Works
City of Temecula City of Temecula
P.O. Box 9033 43200 Business Park Drive
Temecula, CA 92589-9033 Temecula, CA 92590-3606
CONTRACT C - 6 C:lorogram Files (~86JW eeNa CamVl ocumeM Canvatlertlem p1974155 doc
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed an the
date first above written.
DATED:
CONTRACTOR
L H Engineering Company, lnc.
708 N. Valley Street, Suite Q
Anaheim, CA 92801
Phone: (714) 758-8Q35
By:
Paul H. Lee
President
Print or type TITLE
By:
Yong Hui Lee
Print or type NAME
Secretary
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED: CITY OF TEMECULA
By:
Michael S. Naggar, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, MMC, City Clerk
CONTRACT C- 7 C:lorogram Files(~86JW eeNa CamVl ocumeM Canvatlertlem p1974155 doc
ITEM NCB. 9
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works/City Engineer
DATE: March 18, 2008
SUBJECT: Parcel Map No. 34711, located at the northeast side of Calle Girasol between
Aussie Ave. and Jeffrey Heights Rd.
PREPARED BY: Daniel A. York, Deputy Director of Public Works/City Engineer
Kendra Hannah-Meistrell, Assistant Engineer
RECOMMENDATION: That the City Council approve 1) Parcel Map No. 34711 in
conformance with Conditions of Approval 2) Subdivision Improvement Agreement and accept the
Faithful Performance and Labor and Materials Bonds as security for the agreement and 3)
Subdivision Monument Agreement and accept the Monument Bond as security for the agreement.
BACKGROUND: Parcel Map No. 34711 is a Parcel Map with two (2) residential parcels
located at the northeast side of Calle Girasol between Aussie Ave. and Jeffrey Heights Rd. The
street improvements associated with this map must be completed. The survey monuments are
required to be set.
On August 17, 2006, the City of Temecula Planning Director approved Tentative Parcel Map 34711,
with the appropriate Conditions of Approval.
The Owners, Odette S. Derobert, Trustee and Michele N. Hapiot, Trustee have met all of the
Conditions of Approval. This final map is in conformance with the approved tentative parcel 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 Parcel Map No. 34711
3) Project Vicinity Map
4) Parcel Map No. 34711
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. PM 34711
Staff reviewed the fallowing fees relative to their applicability to this project.
FEE CONDITIONS OF APPROVAL
Flood Control (ADP)
Not Paid. This fee will be collected 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
PARCEL MAP NO. 34711
DATE: March 18, 2008
IMPROVEMENTS FAITHFUL PERFORMANCE
SECURITY MATERIAL & LABOR SECURITY
Street and Drainage $ 177,000.00 $ 88,500.00
Water $ 3,50x.00 $ 1,750.00
Sewer $ 0.00 $ OAO
TOTAL $ 180,500.00 $ 90,250.00
Monumentation $ 3,500.00 -
DEVELOPMENT FEES
RCFCD (ADP) Fee $ *TBD
Development Impact Fee $ *TBD
SERVICE FEES
Planning Fee $ 329.00
Fire Fee $ 233.00
TCSD Fee $ 160.00
Plan Check Fee $ 3,330.00
Monumentation Inspection Fee $ 309.00
Fees Paid to Date $ 2,000,00
Balance of Fees Due $ 2,361.00
*To Be Determined
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ITEM NC). 1d
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works/City Engineer
DATE: March 18, 2008
SUBJECT: Declaration of Intention to Conditionally Vacate Portions of Ynez Road and
Setting a Public Hearing Thereon (Abbott Cardiovascular Systems, Inc.,
Applicant).
PREPARED BY: Daniel A. York, Deputy Director of Public Works
Chris White, Assistant Engineer
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 08-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING ITS INTENTION TO CONDITIONALLY
VACATE PORTIONS OF YNEZ ROAD AND SETTING A PUBLIC
HEARING THEREON (ABBOTT CARDIOVASCULAR SYSTEMS,
INC., APPLICANT)
BACKGROUND: The subject portions of Ynez Road were dedicated to the County of
Riverside as part of Tract Map No. 3334 recorded on February 9, 1993 as document no. 50724 of
official records. On October 22, 2002, the City of Temecula and Advanced Cardiovascular Systems,
Inc., now known as Abbott Cardiovascular Systems, Inc. ("ACS"), entered into a Development
Agreement for the development of approximately 27 acres of real property in the vicinity of Ynez
Road, Motor Car Parkway, Margarita Road and Solana Way ("Development Agreement"). The
Development Agreement was approved by the City Council by its adoption of Ordinance No. 02-10
and was recorded on February 7, 2003 as Document Number 2003-092775 of Official Records of
the County of Riverside. The City Council determined that the provisions of the Development
Agreement are consistent with the City's General Plan.
Section 2.13 of the Development Agreement provides that in order to accommodate traffic and to
minimize the interruption of vehicular traffic on Ynez Road due to the existing surface pedestrian
crossing, the parties wish to provide for the construction by ACS of a private pedestrian bridge
across Ynez Road. Section 2.13.3 of the Development Agreement further provides that the City shall
conveyto ACS sufficient real property interests and shall carryout necessaryvacation proceedings
in order to accommodate the bridge. The terms and conditions of the Development Agreement and
the Council's authority to act in connection therewith were validated by judgment of the Superior
Court of the State of California, County of Riverside, entered an August 15, 2003, in Case No. RIC
387405.
ACS has determined to proceed with development and construction of the pedestrian bridge.
Consistent with Section 2.13.3 of the Development Agreement, ACS has requested the City to
conduct vacation proceedings under California STREEfSAND HiGHwaYSCo~E Sections 8320 et seq.
for the vacation of certain portions of Ynez Road in the vicinity of Motor Car Parkway. The purpose of
the proposed vacation is to facilitate the construction of the private pedestrian bridge across Ynez
Road that will join ACS facilities on either side of such road. ACS owns the underlying fee interest in
Ynez Road. Vacation of a portion of the airspace above the road and on and under the surface of a
small portion of the median will accommodate construction of the bridge and allow ACS to obtain
satisfactory title insurance.
Pursuant to Street and Highways Cade Section 8300 et seq., the City may vacate its interest in
public streets or portions of public streets if the Cityfinds that such vacation conforms to the General
Plan, that the subject streets or portions of streets are no longer necessary for present or
prospective public use, and that the subject portions are not useful for non-motorized transportation
facilities. The Planning Commission considered the General Plan and by its adoption of Planning
Commission Resolution No. 08- on February 20, 2008, found that the proposed conditional
vacation of portions of Ynez Road is consistent with the General Plan.
The proposed conditional vacation of portions of Ynez Road will not impact necessary access to
public utility, service, and drainage facilities for the purposes of constructing, placing, operating,
inspecting, maintaining, repairing, replacing, and removing such aerial and underground facilities.
Specifically, the City Council intends to conditionally vacate the portions of the public street
easement an Ynez Road described as Parcel 1 comprising the air space rights, the portions of the
public street easement on Ynez Road described as Parcel 2 comprising the vacation of portions
needed for the pedestrian bridge pier, and the portions of the public street easement on Ynez Road
described as Parcel 3 comprising the portions needed for the pedestrian bridge footing which are
described collectively on Exhibit "A" to the Resolution of Intention and depicted respectively on
Exhibits "B", "C"and "D" to the Resolution of Intention.
With the adoption of Resolution 08- ,the City Council declares its intention to conditionally
vacate the portions of Ynez Road described on Exhibit "A"and depicted an Exhibits "B", "C"and "D"
to the Resolution of Intention and sets a public hearing to be held on April 8, 2008, at 7:00 p.m. in
the Council Chambers at Temecula City Hall. At the public hearing, any and all interested persons
may present evidence or object to the proposed conditional vacation of portions of Ynez Road. In
addition, the Resolution of Intention directs the City Clerk to publish, mail and post notices of the
hearing at leasttwo {2) successive weeks before the scheduled hearing, all in conformitywith and in
the manner provided by California Streets and Highway Code Sections 8320, 8322 and 8323. Such
notices shall be posted no more than 300 feet apart and at least three such notices shall be posted
in the manner set forth in Streets & Highways Code Section 8320 et seq.
FISCAL IMPACT: None.
ATTACHMENTS: Resolution No. 08 - with Exhibits "A", "B", "C"and "D", Inclusive
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1
FOR STREET VACATION OF AIR SPACE RIGHTS
FOR PEDESTRIAN BRIDGE PURPOSES
A VOLUME OF AIItSPACE OVER THAT PORTION OF TRACT N0.3334 RECORDED IN
BOOK 54 OF MAPS AT PAGES 25 - 30 AND THAT PORTION OF THE GRANT OF
EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES, RECORDED
FEBRUARY 9, 1993 AS DOCUMENT NO. 50724 OF OFFICIAL RECORDS, IN THE
OFFICES OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA LYING BELOW AN ELEVATION OF 1089.00 FEET AND ABOVE AN
ELEVATION OF 1071.50 FEET PER THE RIVERSIDE COUNTY BENCH MARK
DESIGNATED AS "T-46-81 RESET 1997", HAVING AN ELEVATION OF 1097.163,
ESTABLISHED ON NNE 12, 1997, ON FILE WITH THE COUNTY OF RIVERSIDE,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND MORE CLEARLY
SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF:
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD (134.00 FEET
WIDE) AND MOTOR CAR PARKWAY (60.00 FEET WIDE PRIVATE ROAD AND
UTILITIES EASEMENT) AS SHOWN ON PARCEL MAP 23354 RECORDED IN BOOK
152 OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY
RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 64.87 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID CENTERLINE OF YNEZ ROAD SOUTH 79°47'54" WEST A
DISTANCE OF 67.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID YNEZ
ROAD AS SHOWN ON SAID DOCUMENT N0.50724;
THENCE NORTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY NORTH 10°12'45"
WEST A DISTANCE OF 13.50 FEET;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY NORTH 79°47'54" EAST A
DISTANCE OF 134.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF SAID YNEZ
ROAD AS SHOWN ON THE GRANT OF EASEMENT FOR PUBLIC ROAD AND
DRAINAGE PURPOSES, RECORDED FEBRUARY 9, 1993 AS DOCUMENT NO. 50718
OF OFFICIAL RECORDS, IN THE OFFICES OF THE COUNTY RECORDER OF THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA;
THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY SOUTH 10°12'45"
EAST A DISTANCE OF 13.50 FEET;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY SOUTH 79°47'54" WEST A
DISTANCE OF 67.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2
FOR STREET VACATION OF AIR SPACE RIGHTS
FOR PEDESTRIAN BRIDGE PIER
A VOLUME OF AIRSPACE OVER THAT PORTION OF LOT "H" OF TRACT NO. 3334,
RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 IN THE OFFICES OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
LYING BELOW AN ELEVATION OF 1071.50 FEET AND ABOVE AN ELEVATION OF
1053.00 FEET PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATED AS "T-46-
81 RESET 1997", HAVING AN ELEVATION OF 1097.163, ESTABLISHED ON JUNE 12,
1997, ON FILE WITH THE COUNTY OF RIVERSIDE, THE TOP OF SAID PORTION
BEING RECTANGULAR AND THE BOTTOM OF SAID PORTION BEING CIRCULAR,
THE SIDES OF SAID PORTION BEING IN A STRAIGHT LINE BETWEEN THE TOP
AND BOTTOM EDGES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
AND MORE CLEARLY SHOWN ON EXHIBIT "C" ATTACHED HERETO AND MADE A
PART HEREOF:
BOTTOM DESCRIPTION (at elevation 1053.00):
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR
CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152
OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER
OF SAID COUNTY OF RIVERSIDE;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 71.87 FEET;
THENCE LEAVING SAID CENTERLINE NORTH 79°47' 15" EAST A DISTANCE OF 6.00
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING
THE CENTER OF A 3.00 FOOT RADIUS EASEMENT.
TOP DESCRIPTION (at elevation 1071.50):
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR
CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152
OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER
OF SAID COUNTY OF RIVERSIDE;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10°12'45" WEST A DISTANCE OF 65.12 FEET;
THENCE LEAVING SAID CENTERLINE OF YNEZ ROAD NORTH 79°4T 15" .EAST A
DISTANCE OF 2.50 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 79°47'54" EAST A DISTANCE OF 7.00 FEET;
THENCE NORTH 10°12'06" WEST A DISTANCE OF 13.00 FEET;
2
THENCE SOUTH 79°47'54" WEST A DISTANCE OF 7.00 FEET;
THENCE SOUTH 10°12'06" EAST A DISTANCE OF 13.00 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL 3
FOR STREET VACATION OF RIGHTS
FOR PEDESTRIAN BRIDGE FOOTING
A VOLUME OF SPACE UNDER THAT PORTION OF LOT "H" OF TRACT NO. 3334,
RECORDED IN BOOK 54 OF MAPS AT PAGES 25 - 30 IN THE OFFICES OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
LYING BELOW AN ELEVATION OF 1053.00 FEET AND ABOVE AN ELEVATION OF
953.00 FEET PER THE RIVERSIDE COUNTY BENCH MARK DESIGNATED AS "T-46-81
RESET 1997", HAVING AN ELEVATION OF 1097.163, ESTABLISHED ON JUNE 12,
1997, ON FILE WITH THE COUNTY OF RIVERSIDE, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS AND MORE CLEARLY SHOWN ON EXHIBIT "D"
ATTACHED HERETO AND MADE A PART HEREOF:
COMMENCING AT THE CENTERLINE INTERSECTION OF YNEZ ROAD AND MOTOR
CAR PARKWAY AS SHOWN ON PARCEL MAP NO. 23354 RECORDED IN BOOK 152
OF PARCEL MAPS AT PAGES 74 - 76 IN THE OFFICES OF THE COUNTY RECORDER
OF SAID COUNTY OF RIVERSIDE;
THENCE NORTHERLY ALONG THE CENTERLINE OF SAID YNEZ ROAD NORTH
10° 12'45" WEST A DISTANCE OF 71.87 FEET;
THENCE LEAVING SAID CENTERLINE NORTH 79°47' I S" EAST A DISTANCE OF 6.00
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING
THE CENTER OF A 3.00 FOOT RADIUS EASEMENT.
EXHIBIT "B"
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EXHIBIT "E"
CONDITIONS OF APPROVAL
ACS shall have the exclusive use of the pedestrian bridge, and shall have the right to
restrict access to authorized persons. ACS shall own the bridge, and City shall have no
ownership interest therein.
2. ACS shall indemnify City as to the construction and operation of the bridge, consistent
with the terms of an operating memorandum under Section 6.2 of the Development
Agreement in a form mutually agreeable to the City and ACS and in a form satisfactory
to the City Attorney.
3. ACS shall be responsible for all costs for design and construction of the bridge
(including relocation of utilities, as necessary).
4. ACS shall protect any public utilities in the vicinity of the Vacation Area during
construction of the piers, bridge abutments and similar supporting structures. Any
damage to existing utilities shall be repaired or reconstructed, and any necessary
temporary or permanent relocation shall be conducted, in a manner satisfactory to the
affected utility at Abbott's sole cost and expense.
5. The vacation shall not impede Fire Department access to the pedestrian bridge or its
appurtenant structures.
6. ACS shall be responsible for all costs for maintenance of the bridge and for removal
upon cessation of use.
7. The City of Temecula reserves a power of termination as set forth in this condition of
approval.
a. After a period of three (3) years of continuous non-use of the pedestrian bridge
constructed in the Vacation Area, the City may (but is not required to) take the steps
set forth in this condition, within the time allowed by law. As used here, "continuous
non-use" means that the pedestrian bridge has not been used to access or provide
utility or other services to the real property on either end of the bridge during the
period in question.
b. If the City determines that there have been three (3) years of continuous non-use
and wishes to proceed under this condition, it shall provide ACS with written notice
of its determination and an opportunity to cure the alleged non-use. If ACS is no
longer the record owner of the property on each side of the bridge at that time, the
City shall provide notice to the then-record owner(s). Such notice shall provide
ACS a ninety (90) day period within which to make use of the bridge. Notice shall
be given, and days hereunder shall be counted, in the manner set forth in the
Development Agreement.
1013349-1
c. If the City determines that ACS has not made reasonably frequent use of the bridge
within the ninety (90) day period, the City Council shall consider the matter at a
public meeting, and shall provide written notice to ACS (or the then-current
owner(s)) at least thirty (30) days in advance of such consideration. If at the
conclusion of its consideration the City Council determines that (a) there has been a
three (3) year period of continuous non-use, and (b) that no reasonably frequent
use was made during the ninety (90) day cure period, then the Council may adopt a
resolution authorizing the exercise of the City's power of termination.
The provisions of Development Agreement Section 12, Judicial Review, shall apply
to the exercise or attempted exercise of the City's power of termination hereunder,
or as to any other dispute under these conditions of approval, including (without
limitation) resolution of claims through a general reference in accordance with Code
of Civil Procedure Sections 638 through 645.1 or any successor statutes, and the
right of the prevailing party to attorneys' fees and costs. In any reference or
proceeding, the City shall have the burden of proof to demonstrate the fact of
continuous non-use of the pedestrian bridge.
8. Nothing in this Resolution or conditions of approval shall affect the City's jurisdiction to
take appropriate action to abate a public nuisance for disrepair of the bridge or for any
other matter, as authorized by applicable law.
9. To the extent permitted by law, the provisions of this Resolution, including these
conditions of approval, shall constitute covenants that shall run with the land for the
.benefit thereof, and the benefits and burdens of this Resolution and conditions of
.approval shall bind and inure to the benefit of the City and ACS and their respective
.successors in interest. As used in these conditions of approval, "ACS" shall mean the
owner(s) of the real property on either end of the bridge, adjacent to Ynez Road. If
such property is at any time under the ownership of more than one person, then the
obligations of such owners hereunder shall be joint and several.
Condition 2 (as to execution of the required operating memorandum) shall be completed prior to
recordation. The remaining conditions are long-term in nature and shall apply beyond recordation.
1013349-1
RESOLUTION NO. 08-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DECLARING ITS INTENTION TO
CONDITIONALLY VACATE PORTIONS OF YNEZ ROAD
AND SETTING A PUBLIC HEARING THEREON (ABBOTT
CARDIOVASCULAR SYSTEMS, INC., APPLICANT)
THE CITY COUNCIL OF AS FOLLOWS: THE CITY OF TEMECULA DOES
HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The City of Temecula declares its intention to order the conditional vacation of
portions of the public street easement on Ynez Road in the vicinity of Motor Car Parkway. The
purpose of the proposed construction is to accommodate the private pedestrian bridge across
Ynez Road that will join the facilities of Abbott Cardiovascular Systems Inc. {"ACS") on either
side of Ynez Road. ACS owns the underlying fee interest in Ynez Road. Vacation of a portion
of the airspace above the road and on and under the surface of a small portion of the median
will allow ACS to construct the pedestrian bridge and obtain satisfactory title insurance for the
pedestrian bridge.
Section 2: The City intends to conditionally vacate the following portions of the public street
easement on Ynez Road, which are described collectively on Exhibit "A" to this Resolution:
portions of the public street easement described as Parcel 1 comprising the air space rights and
depicted on Exhibit "B" to this Resolution; portions of the public street easement described as
Parcel 2 comprising the vacation of portions needed for the pedestrian bridge pier and depicted
on Exhibit "C" to this Resolution; and portions of the public street easement described as Parcel
3 comprising the portions needed for the pedestrian bridge footing and depicted on Exhibit "D"
to this Resolution. Exhibits "A" through "D" are incorporated herein by this reference.
Section 3: The City Council hereby sets a public hearing on the proposed vacation to take
place on April 8, 2008, at 7:00 p.m. in the Council Chambers of the Temecula City Hall. At the
hearing, any and all persons interested in or objecting to the proposed vacation may express
their position on the matter and will be heard. At the close of the public hearing, the City
Council will consider the adoption of a resolution that declares the street segment proposed for
vacation to be unnecessary for present and prospective street purposes and order the
conditional vacation of the above portions of the public street easement on Ynez Road.
Section 4: The City Clerk is hereby directed to publish, mail and post notices of the hearing
at least two (2) successive weeks before the scheduled hearing, all in conformity with and in the
manner provided by California Streets and Highway Code Sections 8320, 8322 and 8323.
PASSED, APPROVED, AND ADAPTED by the City Council of the City of
Temecula this 18th day of March, 2008.
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIQE ) ss
CITY OF TEMECULA }
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 18th day of March, 2008, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
ITEM NC). 11
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works
DATE: March 18, 2008
SUBJECT: Award of Construction Contract for Old Town Infrastructure Project -
Underground Utility District Rule 20B -Project No. PW06-07 (1 B)
PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP
David McBride, Senior Engineer
RECOMMENDATION: That the City Council:
Award a construction contract for Project No. PW06-07 (1 B), the Underground Utility
District Rule 20B to Herman Weissker, Inc. in the amount of $129,077.99 and
authorize the Mayor to execute the contract.
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $ 12,908.00 which is equal to 10% of the contract amount.
BACKGROUND: On September 26, 2006, City Council adopted a Resolution 06-84
declaring its intent to form a Rule 20 undergrounding district on certain street segments in Old Town.
On September 27, 2006, City Staff and Southern California Edison held a public meeting with the
property owners in the district boundaries to educate them on the project, answer questions and
emphasize that project will be at no cost to the property owners. On October 10, 2006, City Council,
adopted Resolution 06-90 forming the Rule 20 district. Since that time SCE and the other agencies
with overhead facilities (i.e., Verizon and Time Warner Cable) have designed the necessary plans to
construct the undergrounding.
SCE allocates a portion of electric service rates collected toward the conversion of overhead utility
facilities; this is commonly referred to as Rule 20A money. Because the City has not completed any
Rule 20A underground projects in recent years and changes adopted by California Public Utility
Commission (CPUC) now allow local agencies to "mortgage" 5-years ahead, SCE estimates up to
$1.7M will be available from SCE to fund the overall undergrounding project. Verizon and Time
Warner pay for relocation of their facilities. Because the scope of work for the initial phase of the
utility undergrounding exceeds the available Rule 20A money, the Citywill be funding the balance of
the underground work, known as Rule 20B.
The City is managing the first phase of the Rule 20B portion of the project, as opposed to SCE, to
capture a savings in administration fees that SCE would charge if they managed the work. The
second phase of the project will be managed entirely by SCE because the work is entirely in their
field of expertise. The combined projects propose to underground all overhead utilities (i.e., Electric,
Telephone and Cable) on Mercedes Street between 2nd Street and 6th Street & Main Street from
Mercedes to just west of Old Tawn Front Street. The boundaries of the iwa projects (Rule 20A and
206) are shown on the attached location map.
On Thursday, March 6, 2008, Three {3) bids were opened for the Rule 20B portion of the project and
publicly read aloud from Contractors pre-qualified by SCE to undertake this type of work.
Simultaneously Three (3) bids were opened for the Rule 20A (SCE} portion of the work and as well
as bids for undergrounding Verizon and Time Warner facilities. The lowest responsible bidder was
defined as the lowest bidder for all portions, although the cost reflected below is just for the City's
Rule 20B project. Herman Weissker, Inc. was reported by SCE to have submitted the lowest
responsible combined bid for all portions of the work.
The results were as follows:
Herman Weissker, Inc. $129,077.99
Pouk & Steinle, Inc. 188,375.00
Par Electrical Contractors, Inc. 197,400.00
The specifications allow for sixty (60} working days, which is an approximate duration of 3 months
Staff has reviewed the bid proposals and found Herman Weissker, Inc. to be the lowest responsible
bidder. Herman Weissker, Inc. has extensive public contracting experience and has successfully
undertaken numerous similar projects throughout Southern California.
This contract reflects only a portion of the Rule 20B costs, the first phase of the undergrounding
which involves installation of the underground infrastructure {e.g., conduit and vaults) needed forthe
electrical service lines. The second phase of the work involves installation of the underground
wiring and removal overhead poles.
FISCAL IMPACT: The City's portion of Old Town Infrastructure Project -Utility
Undergrounding District Rule 20B Project No. PW06-07 (1 B) is funded with Redevelopment Agency
Bond Proceeds, while the SCE portion is funded SCE Rule 20A funds. Adequate funds are
available within the project account, account No. 210-165-646-5804 for the $129,077.99 contract
plus $12,908.00 contingency for a total request of $141,985.99.
ATTACHMENTS
1. Location Map
2. Project Description
3. Contract
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO, PW06-07 (1 B}
OLD TOWN INFRASTRUCTURE PROJECT
UNDERGROUND UTILITYDISTRIGT-RULE 20B
THIS CONTRACT, made and entered into the 18th day of March, 2008 by and between the
City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Herman
Weissker, Inc., hereinafter referred to as "CONTRACTOR."
WITN ESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO.
PW06-07 {1 B), OLD TOWN INFRASTRUCTURE PROJECT, UNDERGROUND
UTILITY DISTRICT -RULE 20B, Insurance Forms, this Contract, and all modifications
and amendments thereto, the State of California Standard Plans and Specifications for
Construction of Local Streets and Roads, {latest edition}, issued by the California
Department of Transportation, where specifically referenced in the Plans, Special
Provisions, and Technical Specifications, and the latest version of the Standard
Specifications for Public Works Construction, including all supplements as written and
promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications"} as
amended by the General Specifications, Special Provisions, and Technical
Specifications for PROJECT NO. PW06-07 {1B), OLD TOWN INFRASTRUCTURE
PROJECT, UNDERGROUND UTILITY DISTRICT -RULE 20B. Copies of these
Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517-0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Cantract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW06-07 (1 B), OLD TOWN INFRASTRUCTURE PROJECT, UNDERGROUND
UTILITY DISTRICT- RULE 20B.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
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and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be
as binding as if called for by all. Any conflict between this Contract and any other
Contract Document shall be resolved in favor of this Contract.
SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required for the following:
PROJECT NO. PW06-07 (1 B), OLD TOWN INFRASTRUCTURE PROJECT
UNDERGROUND UTILITY DISTRICT -RULE 20B
All of said work to be performed and materials to be furnished shall be in strict
accordance with the Drawings and Specifications and the provisions of the Contract
Documents hereinabave enumerated and adapted by CITY.
CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the
sum af: ONE HUNDRED TWENTY NINE THOUSAND SEVENTY SEVEN DOLLARS
and NINETY NINE CENTS ($129,077.99), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed sixty (60)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
CHANGE ORDERS. All change orders shall be approved by the City Council, except
that the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
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B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing aone-year Warranty and an Affidavit of Final Release with the CITY on
forms provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work
far which payment is demanded has been performed in accordance with the
terms of the Contract, and that the amount stated in the certificate is due under
the terms of the Contract. Partial payments on the Contract price shall not be
considered as an acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty
(30) days pursuant to Public Contracts Code Section 20104.50. Public Contract
Code Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Constructian and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to
reduce the retention to the Engineer.
7. LIQUIDATED DAMAGES -EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of
one thousand dollars ($1,000.00) per day for each calendar day completion is delayed
beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be
deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated
damages for unforeseeable delays beyond the control of, and without the fault or
negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10)
calendar days of the occurrence of such delay, CONTRACTOR shall give written notice
to CITY. Within thirty {30) calendar days of the occurrence of the delay, CONTRACTOR
shall provide written documentation sufficient to support its delay claim to CITY.
CONTRACTOR'S failure to provide such notice and documentation shall constitute
CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as
to work related to the payment. Unless the CONTRACTOR has disputed the amount of
the payment, the acceptance by CONTRACTOR of each payment shall constitute a
release of all claims against the CITY related to the payment. CONTRACTOR shall be
required to execute an affidavit, release, and indemnity agreement with each claim for
payment.
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9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the
Director of the Department of Industrial Relations. These rates are available from the
California Department of Industrial Relation's Internet Web Site at http://www.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 far 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 ar by any subcontractor under him, in
violation of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY,
DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all
liability, injuries, or death of persons {CONTRACTOR'S employees included} and
damage to property, arising directly or indirectly out of the obligations herein undertaken
or out of the operations conducted by CONTRACTOR, save and except claims or
litigations arising through the sole active negligence or sole willful misconduct of the
CITY.
The CONTRACTOR shall indemnify and be responsible far reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project.
The CITY shall deduct such costs from Progress Payments or final payments due to the
CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
ar representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing
favorable treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer ar employee,
or any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been
employed by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
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affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion,
national origin, color, sex age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Contract and also govern the interpretation of this Contract. Any litigation
concerning this Contract shall take place in the municipal, superior, or federal district
court with geographic jurisdiction aver the City of Temecula. In the event of litigation
between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs
incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct ar indirect, in the contract of the
proceeds thereof during hislher tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, 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 contracting party other than the City of Temecula, and that if any such interest
camas to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 (commencing with
Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
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22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address: Street Address:
Greg Butler Greg Butler
Deputy Director of Public Works Deputy Director of Public Works
City of Temecula City of Temecula
P.O. Box 9033 43200 Business Park Drive
Temecula, CA 92589-9033 Temecula, CA 92590-3606
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed an the
date first above written.
DATED:
CONTRACTOR
Herman Weissker, Inc.
1645 Brawn Avenue
Riverside, CA 92509
(951) 826-8800
By:
Print or type NAME
Print or type TITLE
By:
Print or type NAME
Print or type TITLE
(Signatures of two carparate officers required for Corporations)
DATED: CITY OF TEMECULA
By:
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
Michael S. Naggar, Mayor
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ITEM NC). 12
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works
DATE: March 18, 2008
SUBJECT: Professional Service Agreement for an Update of the City's Pavement
Management Program -Project No. PW07-11
PREPARED BY: Greg Butler, Principal Engineer
David McBride, Senior Engineer
RECOMMENDATION: That the City Council:
Approve an Agreement with Willdan to provide professional engineering services
associated with an update of the City's Pavement Management Program, Project No.
PW07-11, in the amount of $66,915.00 and authorize the Mayor to execute the
Agreement.
2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the
contingency amount of $6,691.00, which is equal to 10% of the Agreement.
BACKGROUND: A pavement management program (PMP) is detailed inventory of City
streets which includes dimensional properties (e.g., lengths, widths, ..etc.), a quantitative measure of
their condition relative the rehabilitation needed (e.g., slurry seal, asphalt overlay or reconstruction),
and financial component whereby rehabilitative strategies needed to achieve and/or maintain streets
in a certain condition is measured in terms of the capital investment needed. As the City's growth
begins to slow this capital investment in pavement maintenance and rehabilitation will increase as
fewer new streets are constructed and existing streets age. A number of State and regional funding
programs require that the City maintain and update their PMP's every five years. The last update to
the City's PMP was completed in 2003.
The Public Works Department requested proposals from four (4) different firms with extensive
experience in pavement management programs. Three (3) firms responded to the proposal and
they all have prior experience working with the City. Staff rated Willdan as the firm providing the
most qualified and cost effective proposal and they have extensive experience with similar projects.
Willdan will provide all services described in the Scope of Work shown in Exhibit "A" of the attached
agreement.
FISCAL IMPACT: The Pavement Management Program Update, Project No. PW07-11,
is funded with Measure A and City Operating Funds. Adequate funds are available in the project
account, na. 210-165-655-5802 and operating account 001-164-301-5248 for the proposed
$66,915.00 professional services agreement plus $6,691.00 in contingency for a total request of
$ 73,606.00
ATTACHMENTS
Professional Service Agreement with Willdan
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN THE CITY OF TEMECULA AND WILLDAN
PAVEMENT MANAGEMENT PROGRAM UPDATE
PW 07-11
THIS AGREEMENT is made and effective as of March 18, 2008, between the City of
Temecula, a municipal corporation ("City") and Willdan ("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 18, 2008, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than
December 31, 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. Copies may be obtained from the California Department of
Industrial Relations Internet website http://www.dir.ca.c~ov. 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 $50.00 for each
calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than
the stipulated prevailing rates for any work done under this contract, by him or by any
subcontractor under him, in violation of the provisions of the Contract.
5. PAYMENT.
A. The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit "A", 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 "A" other than the
payment rates and schedule of payment are null and void. This amount shall not exceed SIXTY
SIX THOUSAND NINE HUNDRED AND FIFTEEN DOLLARS AND NO CENTS {$66,915.00)
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.
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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°l0) of the amount of the
Agreement but in no event shall the total sum of the agreement exceed 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.
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 native 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.
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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 far 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, District, andlor Agency 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 ar 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, District and/ar Agency 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, 1055, cost or expense {collectively, "claims"), including but not limited
to death or injury to any person and injury to any property, arising out af, 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.
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10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be 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 Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this projecttlocation 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.
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 ar eliminate such deductibles ar self-insured retentions
as respects the City, District, and/or Agency, its officers, officials, employees and volunteers; or
the Consultant shall procure a band 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, District, and/or Agency 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
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Consultant; premises owned, occupied or used by the Consultant; or automobiles
owned, leased, hired or borrowed by the Consultant. The coverage shall contain no
special limitations on the scope of protection afforded to the City, District, and/or Agency
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, District, and/or Agency its
officers, officials, employees and volunteers. Any insurance or self-insured maintained
by the City, District, and/or Agency, 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, District,
and/or Agency 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 agreement shall be endorsed to
state: should the policy be cancelled before the expiration date the issuing insurer will
endeavor to mail thirty {3Q) days' prior written notice to the City.
6} If insurance coverage is cancelled or, reduced in coverage or in limits the
Consultant shall within two (2) business days of notice from insurer, phone, fax and/or
notify the City via certified mail, return receipt requested of the changes to or
cancellation of the policy.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best'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 Coverage. 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 farms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
A. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control. Neither City
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time ar 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.
~ C1Program Files fx86}Weevia.ComlDocument Cona~erter',ternp',874183.DOC
B. No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, IaW$ 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 ar
other information concerning the work performed under this Agreement ar relating to any project
or property located within the City. Response to a subpoena ar 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.U. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
6 C1Program Files fx86}Weevia.ComlDocument Cona~erter',ternp',874183.DOC
To Consultant: Willdan
2401 East Katella Avenue, Suite 450
Anaheim, CA 92806-6073
Attention: Thomas Kirk, P.E.
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 an behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
7 C1Program Files fx86}Weevia.ComlDocument Cona~erter',ternp',874183.DOC
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
WILLDAN
2401 East Katella Avenue, Suite 450
Anaheim, CA 92806-6073
Phone: (714) 978-8200
Fax: (714) 378-8299
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
$ C1Program Files fx86}Weevia.ComlDocument Cona~erter',ternp',874183.DOC
EXHIBIT"A"
TASKS TO BE PERFORMED
PAYMENT RATES AND SCHEDULE
1
r~br~,aty zt, zoog
Mr. I~avon ifagttighi, P.E.
Project Marmgel - <'attiwl Ptujecls
City of`CcnucuId
4320G [lusimss Park f)rive
Trtnc~;uln, CA 92590
n.lv ~~i!k.ancuq~
tiubject: Proposal l2cvision tv PtoviJe fot Upduc of the City's Pavcmcrtt M+uugemcnt Progrtm.
h Y 2008-2U 13
Ikar Mr. llaghi~ti:
1'ursu:urt to our discussiurrk about adjusting our Cce to cover Cull Cx:ld rating for the two options
ni all City struts and Secondary Arterial or lughcr on the City's Genera! f tan Roadway Plan,
dated 2005, we arc plcasud to pmvide revised fees for the project. Uut origlrral Ixupasal w;>5 fitr
the City's rater to rate locale streets up to lraU of the tiara! length of streets and W'illd~ut's
pnvcmcnt rater to artc nll the arterials Plus the rcmairtcicr of the lnc'al steeds. !evidently, there
wns a miundcrstandin~ lend tlx: ('ity'y rater wyll simply accompany ot.lr field ratrx as the City
desires-
C)ur revixd cope covered by the fee hrrakdowns attached covax tart uptinrrs:
11 Phis ulxlutc of Slxvndary and above arterials fully Held rated by Willdrtn's field rata.
2) PhtS update of City streets fully Ctr:ld rotcd by Willdan's ticld ratcv.
Plrayc contact me at (714) 978-9228, if you would like to discuss any Mhcr adjustttwnts or
rcyt>jrc aaditivu.rl infi-rmatiun.
Rcspcrtfuliy cubtnittcxl,
WII.I I)AV
/~Lf'
Thortuts Kiik, P.1:.
Senior P.ngincer
/~~ -
Lisa Pcnrta, P.E.
Scrtwt ~14C PfCtitdCrtl
~~
!~
Kcn Stcclc, f .I:.
Vice 1'ccs!tlcnt. l rnns~;rtntiott
hex lo~urrs
EXHIBIT ~~l~l° ~ C:IPwgi am F etas (xtBrNeevia.ComlDocument ConverteMem0~~47&3 DOC
.kalr,~ /nr 1'rol+o.~l Rcrr~inrr m 1'mrulc j~rr
Uprlute u~thr City ~' Puvrn~r~ir Munargemamr Proyt-uni, F)'20G8-i01J
Scope of Services
IIA'I'.4 AtitiIMILA'I'I(11Y
t. Wtuin (ifS bayed city maps linked to the prrscnt PMS segmcttts, curd up4ate as nrtxiai
for new streets.
2. Updalr ccrnattvcUun histup• ain~x: l}x; last PMS n:port.
]. Consult wilt City and det~rniinu rrruirltcttunee tec;hniytres to be usdd in the atnlysis lu
arrive at the optimal ttraintrnancx program.
~. Rrcord in lhr licld yuanlilics of disires~ conditions iur all stctcts except those vvcrlaid
I-r_'cenlly, u+ing WillcLui'scnharticrd da4r ga;hccinlt system. Willdan will ralr all strrcls
utcludccl in dre survey, accorttpartied by a ('ity stafl~n:rsnlxc to leant the procedures.
Limits will Lk ctrecked for cotrµnnty of key elenxnts. A training sessiozr will be
Cnaductesl tilt one ('ity staff member tit Ieartt to collect licld data eorrsistenl with du
method uc~d by Vr'illdan staff.
5. Preprocess the data nc necevsnry to uplnaci field data iota the dsttnt~~c for effective
rra:cssing h}' NicroP:rvcr.
Sl'STFAf PARAM1IFTERS
t. Calculate vests and csiabli.~h pn~nt~p Ior incrcmcntal PCl raugcs baud on Cite
prclernxl strategics, and sc lectcd funnies of streets, residential acrd nvn-residential.
2. Sel mrintcnance casts for various I'(_:1 ranKcs, and set paratnetets rcyuirtd to execute
hn~rerns in cor>sultatirm with ('ity.
Z. Lstnhlish nnnunl budget levels to use for imtinl mmpnrison, in developing the prrfcrrcd
tny{nr muintenuncc expcK-diture Ievelq.
4. Prepare family perfortmacc curves for stroet categories as agreod by City to provide for
projection of future PCI or Structural Index (SI) vstlues.
EXHIBIT "PI" Z C:IPwg. am F files (xtBrNeevia.ComlDocument ConverteMem0~~47&3 DOC
Scope jor Preapnsa! Revts~ort ro /'rm~id~ joy
L~xlaue ojlhe Cih' s !'~rven-ear 49ur~n~,rnren- Proi{runi, !"Y2W8 .013
PRIk:LIMI:YARY D,ITA PRC)CF:S31\C
I. Pruccsx data to pro~idc infonnatiun rrpons (Citywide unless rtowd) for City's
przlirninary review as follows.
~~ Run an overall rcrnn• which lies all streets and their prceent P(':I and 51 alonY
pmp~ae+I next rr.aintcruince, cost and priority.
~ Rwt the l'CI artd SI frCyuency (distribution) graph now uncl fur a :elected number
of yt:ara in tlt~ futon; with nu ft.,adittg, to be r~trt Citywide aril in such maintcntutce
zone anti surface tyjx,
~ Run the budget wnditicm forct;asting report to maintain pavements above selected
average 1'i'1 vahtrs extending 10 years nr mcuc tnto the tiittrrc, and more
importantly, contml anti nducc the backlog of major mninlen<•tnce in the titture.
( Ibis will be used to gauge appmpriate funding Icvclv.)
~ C?ptirni~c application of funding to above critical PCI, below criticnl PC'1 and
worst-case conditions in order to pmvide the most cost effective progrnm
implementation.
~ Kun the major maintrtunut projrctivn rcpori For unlimited btdgcK to portray the
WW backlog at prcxcnt, (:itywidc ark in cash •roae.
~ Run minor mainlenancc inventory reports for slurries anJ crachtilling.
2. Provide tht results of patjc'cliats as follows:
~ Aar graph of unfunded backlog over the ycnrs of the lxnjection.
~ Circle charts of condition groupings resulting firotn future projects.
~ Line graph of average PCI chango over the years.
~ A t;r>r!>ft showing future backlog and avera}te PCI at erxi of projtxtion timefratne as
a lw~clion of budget keel.
3, (:crmPilr the inlixniation into a preliminary report of firtdin~Ts about the slr-xt system
status.
~. Review the prteliminary report with City stafl•and decide which budget levels -eould be
most appropriate to investigate projections into the future.
5. ltun nwlti-ycxr projections at 5rle-:tec1 bu~igct lrvt:ls agn~.~i by (:ity' to God the optima)
fundinK approach for proportions applied to worst cue, above criticnl I'CI and below
critical I'CI ranges.
6. Merl with City to review the projcetiou outputs to establish the basic program for a
system-wide rnair!tcnance.
EXHIBIT ~~A~~ 3 C:IPwgi am F files (xtBrNeevia.ComlDocument ConverteMem0~~47&3 DOC
,Scn~x+ for Propara! Rrvr.srrm 1n f'rnvrdc for
filhlrrtr of rhr C~ry'~ Pvw:nrertrMuiu:gexiexrPr~rum, F')'?OfiR-'ttl3
I'll\.1L RItUCF;T RF,POI27:S
1 Rrui the [final selected multi-year projection to produce a bar graph of hacklag and
lir-c graph oCaveraga PCl citywide.
2. Prepare alive-year budget for major a~ut ntinur mainlrnance as follows:
/ Generate a sprcadshcxt from MiemPa~~er wuh selected fiekiv of data for strategy,
priority. and cost determinations.
~ I'nw fide cuslutnicrJ Ionmulas to gcttetsue cysts and oth~x infututation relevant to
the next proposed imprcivernenl.
/ Sort a list by dGCCeatding henefit2ost ratio and break the list imo respecti~r
budget years Ay soh-totaling the improvcrrunt cods to the gnnual budget amount.
7'hc annual budgets will he adjuslal to firing the optimal number of str~ds in
various PCI or SI tangos into the funding pmE±ram as desired by ('iry.
3. Currpilc all generated information into 4 report with sc~ctioas including Glossary,
l;xeculive Sumntnry, lnlroduction to PMS, System Present Status, Strategir_t and
I'riurities, I'urdint;s ru-d Rownrntrrtdutiotts. Proja;tod liudgot Comparisnng,
lmplenteruatiun and Guide to Reports.
4. 1'ruvidc alphabrtic attd priuritirxd lists try NCI, benefit cost ratio and Structurnl Index
of Majr~r and Minor tilaintena:ra us well us t1u overall listing of all streets with their
next proposed maint~'r~cncc. includinl; cosy and priority.
5. lncludc graphical mpasentation~ ~kvclopnl in the preEimirrtry report ttpdau;d for
fl nnl 1?arantctrrs.
G. 1'rovidc a total nctworh rrpl:ax;rncnt value by classilication.
7. Nrnvido color coded mappod repreaentatrons of strcets as follows
/ SI
/ PCI,
/ l3udget year:
/ Minor Maintenarue;
/ Mujur ntaintcnancc Stratc~Ty
8. Provide the City wi0t the lily lur their aIS base map licked to Qte privetnent
rnanagcment system, attd tl-e cump:cte set of pavement management syxtcm clam files
us twv (2) complete copies on selwrule CD's allowing fu11 u~ of MicmPavcr, and
(;15 with ra.~caient management data.
N7F:F"h1~(a AYI)'1'12.~Ihl\(:
EXHIBIT ~~A~~ Q C:IPwgi am F files (xtBrNeevia.ComlDocument ConverteMem0~~47&3 DOC
.1'crr~c ~nr 1'mrt..cnJ Rcvrcn:~n !o !'rovLit for
1,pJutu uj thi Ciry's Puvemertt Alantrgrmcrrr Progrc~r, FY ZOOtY•?.Oi3
I. iinlA an initial kick-ofl`mccting
2. Continue with a second metling imolviug aion dc#ail on 5ystvtn Paramelers,
? A quality a.Srurance mccting will be h~-Id with City stzff at the It)p/e completion stage of
the data collcctivn phase to allow lin adj~utments of the inspection method.
4 A fourd~ meeting will pmvidc a review of imtr:r! sv~tern output to begirt developing linul
ttratcgics and htdgctary levels. A ful! prrr~ccntTtion will tx provid~til ut tlvs rncetit~g so
!tint City sia Il~ will understand the oontcnts or tlk f i;ral rrpori.
5. Pmvidc one day of training split is two half--day sessions on the uperuliou of Micnr]'aver
snttvvarv. A cc*mrttter projector presentati~-n will tx pn~vidcxt.
6. A half-day session wil I he pmvtded immcdititrly aRcr the first of the two half do}~
training scasions on soRwarc.
EXHIBIT ~~A~~ FJ C:IPwgi am F files (xtBrNeevia.ComlDocument ConverteMem0~~47&3 DOC
~~
~^
EXHIBIT ~~A~~ B C:1Program Files (x86)SNeEVia.COmlDOCUmei~[ Corverter5temp~.874183DOC
ITEM NC). 13
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works
DATE: March 18, 2008
SUBJECT: Purchase and Sale Agreement for certain property rights on vacant land
identified as APN 961-010-022 located on Pechanga Parkway, Temecula
PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP
Carol A. Chiodo, Property Agent
RECOMMENDATION: That the City Council:
Approve substantially in the form attached hereto the Purchase and Sale Agreement
between the City of Temecula and Arthur and Julia Gaitan Trustees of the Gaitan Family
Trust Dated June 18, 1993 ("Gaitan"), for the purchase of an approximate 15,624 square
foot permanent easement on vacant land located on Pechanga Parkway, Temecula (APN
961-010-022) for the widening of Pechanga Parkway at a purchase price of $229,450.00
plus escrow fees.
2. Authorize the City Manager to execute the Purchase and Sale Agreement, approve and
execute any necessary documents and to take all necessary actions to complete this
acquisition, including without limitation, all escrow instructions.
BACKGROUND: The Pechanga Parkway Improvement Project is included in the Capital
Improvement Program for Fiscal Years 2008-2012. The scope of work for this project includes the
construction of full-width street improvements of Pechanga Parkway from south of the Pechanga
Parkway Bridge to Wolf Valley Road. Full width is 134 feet from south of Pechanga Parkway Bridge
to Via Gilberto, and 110 feet from Via Gilberto to Wolf Valley Road. The project includes the design,
acquisition, environmental studies, mitigation, and construction of road improvements to include
curb, gutter, sound wall, and storm drain facilities on Pechanga Parkway from Deer Hollow Way to
Temecula Creek.
On June 12, 2007 the City Council setjust compensation for the property interests and authorized
the Director of Public Works to make offers and negotiate the acquisition of required property rights
for the construction of the Pechanga Parkway improvements. The City delivered the original offer
on June 14, 2007 to the Gaitans for the property interests required for the project. The offer was for
the purchase of an approximate 15,624 square foot permanent easement on real property located
adjacent to Pechanga Parkway, Temecula, California and identified as Riverside County Tax
Assessor's Parcel Number 961-010-022 for public use, namely street purposes and all uses
necessary or convenient thereto. On October 23, 2007, the City council approved a Resolution of
Necessity, however, subsequent to the filing of the condemnation action negotiations continued.
The negotiations have successfully concluded and the attached Purchase and Sale Agreement
describes the details of the acquisition of the required property interests to construct the Pechanga
Parkway improvements. The purchase amount of $229,450.00 is the amount the City Council
previously authorized for this purchase and offer for these property interests.
FISCAL IMPACT: The Pechanga Parkway Improvement Project is funded from several
different funding sources including AD 159, CFD-Wolf Creek, DIF-Streets, a Public Lands and
Highways grant, and a Pechanga Tribal Contributions. Adequate funds for this acquisition are
available in project account, Account No. 210.165.668.
ATTACHMENTS: Purchase and Sale Agreement
PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN CITY OF
TEMECULA AND ARTHUR AND JULIA GAITAN,
{TRUSTEES OF THE GAITAN FAR~IILY TRUST DATED
JUNE 18, 1993) FORA 15,624 SQUARE FOOT
PERMANENT EASEMENT -ASSESSOR'S PARCEL
NUMBER 961-010-022
THIS PURCHASE AND SALE AGREEMENT AND .JOINT
ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of
Effective Date"} by and between ARTHUR AND JULIA GAITAN,
TRUSTEES OF THE GAITAN FAII~IILY" TRUST DATED JUNE 18, 1993 ("Seller"),
and the CITY OF TENIECULA, a municipal corporation (``City"), and constitutes both an
agreement to purchase and sell real property beti~~een the parties and the parties' escrow
instructions directed to First American Title Company ("Escrow Holder").
RECITALS
A. Seller is the sole fee owner and resident of vacant land on Pechanga Parkway
in Temecula, and identified as Riverside County Tax Assessor's Parcel Number 961-010-
022 ("Larger Parcel"). The Larger Parcel is vacant land located on Pechanga Park~~~•ay.
B. The City wishes to purchase and Seller desires to grant to the City 15,624
square foot permanent easement ("Property") for public purposes, namely public street
purposes and all uses necessary or convenient thereto in connection with the City's
proposed improvements to and widening of Pechanga Parkway. The 15,624 square foot
easement {"Property") is described more particularly in Exhibit "A" hereto and depicted
on Exhibit "B" hereto. Exhibits "A" and "B" are incorporated in this Agreement by this
reference.
C. On the City Council approved a settlement of $229,450.040
(Two Hundred T«~•enty Nine Thousand and Four Hundred Fifty Dollars) for the Property.
D. Seller desires to sell and the City desires to buy the Property on the terms and
conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing Recitals and terms
and conditions set forth belo~~~, which are incorporated herein by this reference, the
parties hereto agree as follows:
1. Purchase and Sale.
On the Close of Escrow (as defined below}, Seller agrees to grant the
Property to the City, and the City agrees to acquire the Property from Seller, on the terms
and conditions set fo1-th Belo«~.
110R61062719~i7223- -1-
2. Ouenvla and Closvia of Escrow.
Within ten (10) days after the EtTective Date of this Agreement, City shall
deliver afully-executed copy of this Agreement to Escrow Holder. For purposes of this
Agreement, "Opening of Escrow" shall mean the date on which Escrow Holder receives
fully executed copy of this Agreement. The "Close of Escrow" shall be the date that
Grant of Easement and Grant Deed for the Property in favor of the City are recorded in
the Official Records of the Riverside County Recorder's Office. The Close of Escrow
shall occur after the performance of all duties and obligations under this Agreement. The
Close of Escrow shall occur after the performance of all duties and obligations under this
Agreement. Before the Close of Escrow, Seller shall solely bear all risk of loss and
damage to the Property fi•om any source whatsoever.
3. Purchase Price and Additional Consideration.
The total Purchase Price to be paid by the City for the Property is the sum
of $229,45Q.00 (Two Hundred Twenty Nine Thousand and Four Hundred Fifty Dollars ;
("Purchase Price"), which sum shall be paid to Seller in full in cash on the Close of
Escrow. No attempt has been made to assign value to any lesser interest in the Property,
including any leasehold estate. The Purchase Price, therefore, is the total price for the
Property without distinction or separation for various interests that maybe held in the
Property. Seller shall be responsible for any apportionment or allocation of the Purchase
Price if required for any separately held interests that may exist.
4. Title and Title Insurance.
Upon the Opening of Escrow, Escrow Holder shall obtain and issue a title
commitment for the Property. Escrow Holder shall also request two copies each of all
instruments identified as exceptions on said title commitment. Upon receipt of the
foregoing, Escrow Holder shall deliver these instruments and the title commitment to the
City and Seller. The City's easement interests to the Property shall be insured at the
Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the
amount of the Purchase Price (the "Policy"). The Policy of Title Insurance provided for
pursuant to this Section shall insure the City's easement interests in the Property free and
clear of all liens, encumbrances, and restrictions, subject only to the following permitted
conditions of title {"Permitted Title Exceptions"):
a. Real property taxes for the then current tax fiscal year, which are a
lien not then due and payable;
b. The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property; and
c. The non-monetary exceptions approved by the City within fifteen
(15) business days after the date the City receives from Escrow Holder the title
commitment and legible copies of all instruments noted as exceptions therein. If the City
unconditionally disapproves any such exceptions, Escro~~-• shall thereupon terminate, all
funds deposited therein shall be refunded to the City (less the City's share of escrow
110R61062719~i7223- -2-
cancellation charges), and this Agreement shall be of no further force or effect. If the
City conditionally disapproves any such exceptions, then Seller shall use Seller's best
efforts to cause such exceptions to be removed by the Close of Escrow. If such
conditionally disapproved non-monetary exceptions are not removed by the Close of
Escrow, the City may, at its option, either accept the Property subject to such
encumbrances, or terminate the Escrow and receive a refund of all funds deposited into
Escrow {less the City's share of escrow cancellation charges}, if any, and this Agreement
shall thereupon be of no further force or effect. At the Close of Escrow, the City's
interests in the Property shall be free and clear of all monetary encumbrances.
5. Grant of Easement.
Seller covenants and agrees to deposit with Escrow Holder prior to the
Close of Escrow a Grant of Easement for the Property and acknowledged by Seller,
granting to the City the peiYnanent easement interest in the Property. The Ci-rant of
Easement shall be in a form provided by the City and shall be approved by the City prior
to recording. The Easement granted shall be nonexclusive and shall be consistent ~~~ith
this Agreement.
6. Authorization to Record Documents and Disburse Funds.
Escrow Holder is hereby authorized to record the documents and disburse
the funds and documents called for hereunder upon the Close of Escrow, provided each
of the following conditions has then been fulfilled:
a. Escrow Holder can issue in favor of the City the Policy, showing
the City's interests in the Property vested in the City subject only to the Permitted Title
Exceptions;
b. Escrow Holder shall have received the City's notice of
approval or satisfaction or wai~~er of all of the contingencies to the City's obligations
hereunder, as provided for in Section 13; and
c. Seller shall have deposited with Escrow Holder the Grant of
Easement required by Section 5.
Unless otherwise instructed in writing, Escrow Holder is authorized to
record at the Close of Escrow any instrument delivered through this Escrow if necessary
or proper for issuance of the Policy, including the Grant of Easement.
Escrow Char6es and Prorations.
The City shall pay the cost ofthe CLTA Owner's Standard Coverage
Policy of Title Insurance, the Escro~~~ fees and Escrow Holder's customary out-of-pocket
expenses for messenger services, long distance telephone, etc. The City shall pay any
fees or costs relating to recording of the Grant of Easement with the Recorder's C?ffice of
the County of Riverside. City shall pay any documentary or other local transfer taxes,
and any other recording fees. Taxes, assessments, penalties, interest charges, and
110R61062719~i7223- -3-
delinquency charges of every kind levied upon or assessed against the Property, except as
otherwise expressly set forth herein, shall be paid by Seller through Escrow to the Close
of Escrow. If the Escrow shall fail to close through no fault of either party or the fault of
the City, the City shall pay all Escrow cancellation charges.
8. Warranties and Reuresentations of Seller.
Seller hereby represents and/or warrants to the City the following, it being
expressly understood and agreed that all such representations and,~~or warranties are to be
true and correct as of the Close of Escrow and shall sui-~•=ive the Close of Escrow:
a. Seller hereby represents to the best of Sellers knowledge that (i)
on the Close of Escrow the Property shall be free and clear of any and all hazardous or
toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the
Property is in compliance with all applicable statutes and regulations, including
environmental, health and safety requirements; and (iii) Seller has no notice of any
pending or threatened action or proceeding arising out of the condition of the Property or
alleged violation of environmental, health or safety statutes, ordinance or regulations.
b. Seller hereby warrants and represents that neither this Agreement
nor anything provided to be done hereunder, including the transfer of the Property to the
City, shall at Close of Escro~~~ violate any contract, agreement or instrument to which
Seller is a party, or which affects the Property, and the sale of the Property herein
contemplated does not require the consent of any party not a signatory hereto.
c. Seller hereby warrants and represents that there are no mechanics',
materialmen's or similar claims or liens presently claimed against the Property for work
performed or commenced prior to the date of this agreement. Seller agrees to hold the
City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney
fees, arising from or relating to any such lien or any similar lien claimed against the
Property and arising from ~~~ork performed or co~nrnenced prior to the Close of Escrow by
or on behalf of Seller.
d. Seller hereby warrants and represents that there are no written or
oral leases or contractual right or option to rent, lease, purchase, or otherwise enjoy
possession, rights or interest of any nature in and to the Property or any part thereof, and
no persons other than Seller has any right of possession to the Property or any part
thereof.
e. Seller hereby warrants and represents that Seller has no knowledge
of any pending, threatened or potential litigation, action or proceeding against Seller or
any other Party before any court or administrative tribunal that is in any way related to
the Property.
f. Seller hereby represents that to the best of Seller's knor~~ledge,
Seller is the sole o«7ner of the Property, free and clear of all liens, encumbrances,
easements, encroachments from adjacent properties, or rights of «~ay of any nature, other
110R61062719~i7223- -4-
than those that may appear of record in the official records ofthe Ot~ice of the Recorder,
County of Riverside.
9. Representations and «"arx~anties of Cite.
City hereby represents and warrants to the Seller the following, it being
expressly understood and agreed that. all such representations and warranties are to be
tike and cor7-ect as of the Close of Escro~~~ and shall survive the Close of Escro~~~:
a. City has taken all required action to permit it to execute, deliver,
and perform its obligations under this Agreement.
b. City has the power and authority to execute and deliver this
Agreement and to carry out its obligations hereunder and consummate the transaction
contemplated herein.
c. City has obligation to maintain the property rights acquired in this
Agreement.
10. Full Payment of Obligations of City=.
a. It is understood and agreed between Seller and the City that the
payments made to Seller as set forth in this Agreement represent an all-inclusive
settlement and is full and complete payment of compensation for the acquisition of the
interests pertaining to the Property and includes and satisfies any and all other payments,
if any, that maybe required by law to be paid to Seller arising out of the acquisition of
the Property and displacement ofthe Seller and all persons residing on the Property, and
specifically includes, but is not limited to, just compensation for the Property, including,
but are not limited to, claims for severance and other damages, attorney's fees, interest,
expenses of litigation, expert's fees, precondemnation damages, inverse condemnation,
or any other damages of every kind and nature suffered or to be suffered by Seller by
reason of the City's acquisition of the easements comprising the Property or the Project
for which the City is acquiring the Property.
11. Releases.
a. This Agreement is a voluntary agreement and Seller, on behalf of
itself and its heirs, successors and assigns, hereby fully releases the City, its officials,
counsel, employees, and agents, from all claims and causes of action by reason of any
damage which has been sustained, or maybe sustained, as a result of the City's efforts to
acquire the Property or any preliminary steps thereto. Seller further releases and agrees
to hold the City harmless from any and all claims and causes of action by reason of any
leasehold interest in the Property.
b. Seller acknowledges that it may have sustained damage, loss, costs
or expenses which are presently unknown and unsuspected, and such damage, loss, costs
or expense which may have been sustained, may give rise to additional damages, loss,
110R61062719~i7223- -5-
costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this
Agreement has been negotiated and agreed upon in light of that situation, and hereby
expressly «-wives any and all rights which Seller may have under California Civil Code
Section 1542, or under any statute or common law or equitable principle of similar effect.
California Civil Code Section 1542 provides as follows:
"A general release does not extend to claims «~hich the
Creditor does not know or suspect to exist in his or her
favor at the time of executing the release, which if known
by him or her must have materially affected his or her
settlement with the debtor.''
Seller's Initials
City's Initials
c. This Section 12 shall survive the Close of Escrow.
12. C'it`-'s Contingencies and Satisfaction.
For the benefit of the City, the Closing of Escrow and the City's obligation
to consummate the acquisition of the Property shall be contingent upon and subject to the
occurrence of all of the following (or the City's written waiver thereof, it being agreed
that the City can waive any or all such contingencies) on or before the Close of Escrow:
a. That as of the Close of Escrow the representations and warranties
of Seller contained in this Agreement are all true and correct.
b. The deposit with Escrow Holder of the Grant of Easement pursuant
to Section 5 above.
c. Escrow Holder's commitment to issue in favor of the City of a
CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the
Purchase Price showing the City's interests in the Property subject only to the Permitted
Title Exceptions.
d. The City's approval prior to the Close of Escrow of any
environmental site assessment, soils or geological reports, or other physical inspections
of the Property or the underlying real property that the City might perform prior to the
Close of Escrow.
13. Certification of Non-Foreign Status.
Seller covenants to deliver to Escrow a certification of Non-Foreign Status
in accordance with I.R.C. Section 1445, and a similar notice pursuant to California
Revenue and Taxation Code Sections 1$$05 and 26131, prior to the Close of Escrow.
110R61062719~i7223- -6-
14. Default.
In the event of a breach or default under this Agreement by either the City
or Seller, the non-defaulting party shall have, in addition to all rights available at law or
equity, the right to terminate this Agreement and the Escrow for the purchase and sale of
the Property, by delivering «~ritten notice thereof to the defaulting party and to Escrow
Holder, and if the City is the non-defaulting party, the City shall thereupon promptly
receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-
defaulting party shall be without prejudice to the non-defaulting party's rights and
remedies at law or equity.
15. Notices.
All notices and demands shall be given in writing by certified mail,
postage prepaid, and return receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a} personal delivery, (b) two (2} business days
following deposit in the United States mail, postage prepaid, certified or registered, return
receipt requested, or (c} one (1) business day following deposit with an overnight carrier
service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed
as provided Belo«~ for the respective party. The parties agree, however, that if any party
gives notice in writing of a change of name or address to the other party, notices to such
party shall thereafter be given as demanded in that notice:
CITY: City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 9289-9033
Attention: Sha«~n Nelson, City Manager
COPY TO: Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
3~~ South Grand Avenue
40th Floor
Los Angeles, California 90071-3101
SELLER: Arthur and Julia Gaitan
Trustees of the Gaitan Family Trust Dated June 18, 1993
43710 Piasano Place
Temecula, CA 92592-2679
and
Mr. Wacy Ai-~nstrong,
Attorney at La«-~
824 East Highland Avenue
San Bernardino, CA 92404
110R61062719~i7223- -7-
ESCROW First American Title Company
HOLDER: 3625 14th Street
Ri~•~erside, CA 9251
Attn: Debra Dunn, Escrow Officer
Tel. No. (951) 787-1757
Fax No. {866) 558-2890
16. Further Instructions.
Each party agrees to execute such other and further escrow instructions as
maybe necessary or proper in order to consummate the transaction contemplated by this
Agreement.
17. <~mendments.
Any amendments to this Agreement shall be effective only when duly
executed by the City and Seller and deposited with Escrow Holder.
18. 11~Iiscellaneous.
a. Applicable Law. This Agreement shall be consti•~xed and
interpreted under, and governed and enforced according to the laws of the State of
California.
b. Enti~°eAgreetnent. This Agreement supersedes any prior
agreement, oral or written, and together with the Exhibits hereto and any agreements
delivered pursuant hereto, contains the entire agreement between the City and Seller on
the subject matter hereof. No subsequent agreement, representation or promise made by
either party hereto, or by or to any employee, officer, agent or representative of either
party, shall be of any effect unless it is in writing and executed by the party to be bound
thereby. No person is authorized to make, and by execution hereof Seller and the City
acknowledge that no person has made, any representation, warranty, guaranty or promise
except as set forth herein; and no agreement, statement, representation or promise made
by any such person ~vho is not contained herein shall be valid or binding on Seller or the
City.
c. Successors and Assigns. This Agreement shall be binding upon
and inure to the benefit of the heirs, executors, adrninistrators, successors and assigns of
the parties hereto.
d. Ti~r~e of Essence. The parties acknowledge that tune is of the
essence in this Agreement, notwithstanding anything to the contrary in the Escrow
company's general Escrow instructions.
e. Remedies Not Exclusive and YUaivers. No remedy conferred by
any of the specific provisions of this Agreement is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at la~v or in equity or by
110R61062719~i7223- -8-
statute or otherwise. The election of any one or more remedies shall not constitute a
waiver of the right to pursue other available remedies.
f. Interpretation crud Construction. The parties agree that each party
has reviewed this Agreement and that each have had the opportunity to have their legal
counsel review and revise this agreement and that any rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendments or Exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership,
firm, trust, or association wherever the context so requires. The recitals and captions of
the sections and subsections of this Agreement are for convenience and reference only,
and the words contained therein shall in no r~~ay be held to explain, modify, amplify or
aid in the interpretation, construction or meaning of the provisions of this Agreement.
19. Attorneys' Fees.
If either party hereto incurs attorneys' fees in order to enforce, defend or
interpret any of the terms, provisions or conditions of this Agreement or because of a
breach of this Agreement by the other party, the prevailing party shall be entitled to
recover reasonable attorneys' fees from the other party.
20. Assignment.
The City may assign its rights under this Agreement or may designate a
nominee to acquire the Property, provided, however, that any such assignment or
designation shall not relieve the City of any of its obligations under this Agreement.
21. Escro~s~ Holder Need Not Be Concerned.
Escrol~~ Holder is not to be concerned ~~~ith Sections 8, 9, 10, 11, and 12
hereof, and the City and Seller release Escrow Holder from liability or obligation as to
Sections 8, 9, 10, 11, and 12 hereof.
110R61062719~i7223- -9-
IN t?VITNESS t~'HEREOF, the parties hereto have executed this
_~greement as of the day and year first written above.
SELLER
Arthur Gaitan
Julia Gaitan
CITY QF TEMECULA, a muiucipal
corporation:
IVlichael S. Naggar, Mayor
ATTEST:
Susan Jones, City Clerk
Approved as to Form:
Peter Thorsen, City Attorney
110R61062719~i7223- -10-
ITEM NC). 14
Approvals
City Attorney
Director of Finance 5`~~
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: William G. Hughes, Director of Public Works
DATE: March 18, 2008
SUBJECT: Purchase and Sale Agreement for certain property rights on the property located
at 41351 Armada Place for improvements to Butterfield Stage Road and Rancho
California Road
PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP
Carol A. Chiodo, Property Agent
RECOMMENDATION: That the City Council:
Approve in substantially the form attached hereto the Purchase and Sale Agreement
between the City of Temecula and Rueben and Jennifer Calixto, Trustees of the
Calixto Family 2003 Trust ("Calixtos") for the purchase of an approximate 37,627
square foot grading easement plus improvements, for the proposed improvements to
Butterfield Stage Road, and an approximate 4,250 square foot easement area
consisting of an approximate 2,750 square foot area for grading and an approximate
1,500 square foot area for temporary construction purposes for the proposed
improvements to Rancho California Road east of Butterfield Stage Road on the real
property commonly known as 41351 Armada Place, Temecula ("Calixto Property"),
at a purchase price of $1,200,000 plus escrow fees.
2. Authorize an advance of General Fund Reserves in the amount of $1,200,000 to
cover the cost of the property interests plus additional funds for the associated
escrow fees.
3. Authorize the City Manager to execute the Purchase and Sale Agreement, approve
and execute any necessary documents and to take all necessary actions to complete
this acquisition, including without limitation, all escrow instructions.
4. Authorize the City Manager to enter into such agreements with the Western
Riverside County Council of Governments ("WRCOG") as necessary to obtain
reimbursement from Transportation Uniform Mitigation Fees ("TUMF") for the
acquisition costs for Butterfield Stage Road Right of Way.
BACKGROUND:
Widenina of Butterfield Staae Road a Condition of Roripauah Ranch Specific Plan
On November 26, 2002, the City Council approved the Roripaugh Ranch Specific Plan (SP11) {the
"Specific Plan") pursuant to Government Code Section 65450 et seq. The Specific Plan provides for
the development of approximately 804 acres consisting of: {1) 2,015 dwelling units, (2) 110,000
square feet of neighborhood commercial retail space; (3) 12 acre elementaryschool site; (4) 20 acre
middle school site; (5) 19.7 acre sports park; (6) 4.8 acre neighborhood park; (7) fire station; and (8)
202.7 acres of open space.
On December 17, 2002, the City Council of the City of Temecula approved a Development
Agreement with Ashby USA LLC ("Development Agreement") pursuant to Government Code
Section 65864 et seq. On February 14, 2006, the Council approved the First Amendment to the
Development Agreement. Four Operating Memoranda pursuant to Section 3.5.5 of the
Development Agreement were approved by the City Council or City Manager on October 21, 2004,
March 21, 2006, August 31, 2006, and March 6, 2007. Among other provisions, the Development
Agreement vests the rights of the Developer in the Roripaugh Ranch Specific Plan fora period of 10
years.
The 2002 Specific Plan, the Development Agreement and Tentative Tract Map 29353 set forth a
schedule that conditions the issuance of building permits on the completion of certain designated
public improvements by the Developer. The 2002 Specific Plan, Development Agreement and
Tentative Map require the Developer to construct the following components of Butterfield Stage
Road on the eastern boundaryof the City: (1 }construct Butterfield Stage Road half-width from 550
feet south of Nicholas Road to the south project boundary; (2) construct Butterfield Stage Road
modified full width street section from south project boundary to existing pavement, plus related
storm drain and waterline improvements, exclusive of existing improvements; (3} grading for
southerly extension of Butterfield Stage Road; and {4) construct Butterfield Stage Road full width
improvements from southern project boundary to Rancho California Road. {Phase 2, b. 1 and
Figure 2-18 of the Specific Plan; Condition No. 76 of the Tentative Map and Attachment 5 to the
Development Agreement.)
Roripaugh Ranch Developer's Failed Attempt to Purchase the Calixto Property
The Roripaugh Ranch Developer, Ashby USA, attempted to negotiate the purchase of right of way
from the Calixtos for the construction of Butterfield Stage Road just north of Rancho California
Road. Developer and Calixtos were unable to agree upon a price for the acquisition.
The negotiations were complicated by the fact that the Calixto Property is located in unincorporated
Riverside County and in approving development plans far the property, the County approved
construction of the Calixto home partially within the previously dedicated right of way far the
widening of Butterfield Stage Road.
The Developer then asked the Cityto acquire the Calixto Property pursuantto Section 3.1.3.5 of the
2002 Development Agreement and Government Code Section 66462.5. On August 23, 2005, the
City and the Developer entered into an agreement far the acquisition of the Calixto Property and an
adjacent property. The Developer agreed to paythe purchase price and relocation costs as well as
all of the City's expenses in acquiring the property.
The City also obtained the consent of the County of Riverside to acquire the property. The County's
consent was necessary because the property is located in unincorporated Riverside County and the
improved Butterfield Stage Road would be located in the unincorporated portion of Riverside
County. (The boundary line of the City is the centerline of Butterfield Stage Road.)
Had the City nat entered into this agreement with Ashby USA or reached agreement with the
Calixtos for the acquisition of the property, the Developer would be relieved of its obligation to
construct the improvements to Butterfield Stage Road at this location.
Neaotiations with Calixtos
The City staff caused an appraisal of the value of the real property interests to be acquired from the
Calixtos. Pursuant to City Council Resolution No. 06-75, the City Manager approved an appraisal
report and authorized the Director of Public Works to make an offer and negotiate the acquisition of
a grading easement and improvements located in the easement area on the Calixto Propertyforthe
future construction of the Butterfield Stage improvements. On September 7, 2006, the City sent its
original offer letter to Calixtos for the property interests required from the larger parcel. The parties
engaged in lengthy negotiations for the purchase of the necessary property interests.
On August 15, 2007, the City sent its final offer to the Calixtos in response to their counter-offer of
June 19, 2007. In its final offer, the City offered to purchase an approximate 37,627 square foot
easement on the west side of the larger parcel together with any improvement located in the
easement area for the Butterfield Stage Road improvements. The City also offered to purchase an
approximate 4,250 square easement area consisting of an approximate 2,750 square foot area for
grading and an approximate 1,500 square foot area far temporary construction purposes on the
south side of the larger parcel for the proposed improvements to Rancho California Road.
The property owners accepted the City's final offer.
Terms of Purchase and Sale Agreement
The attached Purchase and Sale Agreement describes the details of the acquisition of the required
easements to construct the improvements to Butterfield Stage Road and Rancho California Road.
As set forth in the Purchase and Sale Agreement, the payment of $1,200,000 includes, but is not
limited to, just compensation for the subject property interests, including the improvements
pertaining to the realty, which include, but are not limited to, two single-family residences, garages,
any trees, landscaping, irrigation pipes, and fencing, claims for severance and other damages,
attorney's fees, interest, expenses of litigation, expert's fees, precondemnationdarnages, inverse
condemnation, owner participation rights under any Redevelopment Plan, relocation assistance
and/or benefits underthe Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.}, if applicable, or under Title 1, Division 7, Chapter 1 of the
Government Code of the State of California (Section 7260 et seq.), including, but not limited to,
moving expenses, interest differential payment, purchase price differential, and loss of business
goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, or any other
damages of every kind and nature suffered ar to be suffered bythe property owners by reason of the
City's acquisition of the subject property interests or the Project for which the City is acquiring the
subject property interests.
FISCAL IMPACT: The Ashby USA, the Roripaugh Ranch Developer, is currently unable to
fund the acquisition due to financial problems so the City will need to advance approximately
$1,200,000 for the acquisition plus escrow fees {estimated to be $15,000). The City would be
reimbursed for this advance by the Developer, or its successors to the Roripaugh Ranch Project, the
Mello-Roos Community Facilities District Bonds issued for the Project, or through direct funding of
the acquisition by the TUMF administered by the regional transportation improvement funds.
ATTACHMENTS
Purchase and Sale Agreement
PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS BETWEEN CITY OF
TEMECULA AND RLIEBEN AND JENNIFER
CALIYTO
(EASEMENT AREA ON ASSESSOR'S PARCEL
NUMBER 943-090-017)
THIS PURCHASE AND SALE AGREEMENT AND ESCRO«'
INSTRUCTIONS ("Agreement") is dated and entered into as of 2008, by
and between RUEBEN CALIXTO JR. AND JENNIFER CALIXTO, TRUSTEES OF
THE CALIXTO FAMILY 2003 TRUST {collectively "Seller"), and the CITY" OF
TEMECULA, a municipal corporation {"City"}, and constitutes both an agreement to
purchase and sell real property between the parties and the parties' escrow instructions
directed to First American Title Company ("Escrow Holder").
RECITALS
A. Seller is the sole fee owner of the property commonly known as 41351
_~rmada Place, Temecula, and identified as Riverside County Tax Assessor's Parcel
Number 943-090-017 ("Larger Parcel").
B. The City wishes to purchase and Seller desires to grant to the City an
approximate 37,627 square foot non-exclusive grading easement area on the Butterfield
Stage Road side ofthe Larger Parcel ("Butterfield Stage Easement") «-•hich includes
substantially all of the existing improvements on the Larger Parcel, including but not
limited to two single-family residences, garages, and landscaping and an approximate
4,250 square foot easement area consisting of approximately 2,750 square feet for
grading and approximately 1,500 square feet for temporary construction purposes on the
Rancho California Road side of the Larger Parcel ("Rancho California Easements") for
public purposes, namely public street purposes and all uses necessary or convenient
thereto in connection with the City's proposed improvements to and «Tidening of
Butterfield Stage and Rancho California Roads. In addition, City is granted a temporary
access permit so that the structures that straddle the easements can be completely
demolished and removed. The Butterfield Stage Easement and the Rancho California
Easements are referred to below collectively as the "Easements". The Butterfield Stage
Easement is described more particularly in Exhibit "A" hereto and depicted on Exhibit
"B" hereto. The Rancho California Easements are described snore particularly in Exhibit
"C" and depicted on Exhibit "D" hereto. Exhibits ` .A" through "D" are incorporated in
this Agreement by this reference.
C. The Easements are in the unincorporated area ofthe County of Riverside
("County"). Accordingly, the City and County entered into aCity-County Agreement for
the ~?Videning of and Improvements to Butterfield Stage Road ("City-County Cooperative
Agreement"), which was approved by the County on June 6, 2006 and by the City on July
1 1, 2006. The City-County Cooperative Agreement is incorporated herein by this
reference. A copy of the City-County Cooperative Agreement is on file with the
Calixto111086.0627112.26
12/20/07 -1-
Temecula City Clerk's office. Streets and Highways Code Section 1814 authorizes the
acquisition by purchase or eminent domain of property outside of a city's boundaries in
the unincorporated area of the county if such acquisition is necessary to connect or widen
the existing streets of a city and if the county consents to the acquisition. As set forth in
the City-County Cooperative Agreement, the County concurred with the City's proposed
acquisition of the Easements pursuant to Streets and Highways Code Section 1814. The
parties acknowledge that the City complied with the appraisal, offer and negotiation
requirements for the City's acquisition of the Easements for a public use, namely for the
construction of impros~ements to and widening of Butterfield Stage and Rancho
California Roads. The City acknowledges that City stag believes that the acquisition by
the City of the Easements satisfies the required findings for the adoption of a resolution
of necessity pursuant to California Code of Civil Procedure Section 1244.434. The
parties reached an agreement for the City's acquisition of the Easements prior to noticing
of a hearing for the consideration of an adoption of a resolution of necessity pursuant to
Eminent Domain La~v. Had the parties not reached an agreement for the City's
acquisition of the Easements, City staff would have recommended that the City Council
adopt a resolution of necessity for the acquisition by eminent domain of the Easements.
D. Seller desires to grant and the City desires to accept the Easements on the
terms and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing premises,
operative provisions and the Recitals, which are incorporated herein by this reference, the
parties hereto agree as follows:
Purchase and Sale.
On the Close of Escrow (as defined below), Seller agrees to grant the
Easements to the City, and the City agrees to acquire the Easements from Seller, on the
terms and conditions set forth belo«.
2. Qpenvia acid Closvig of Escrow.
Within five (5}days after the Effective Date of this Agreement as defined
in Paragraph 22(g}, City shall deliver a fully executed copy of this Agreement to Escrow
Holder. For purposes of this Agreement, "Opening of Escrow" shall mean the date on
which Escrow Holder receives a fully executed copy of this Agreement from Seller and
the City. The "Close of Escrow" shall be the date that Grants of Easement in favor of the
City are recorded in the Official Records of the Riverside County Recorder's Office. The
Close of Escrow shall occur after the performance of all duties and obligations under this
Agreement. The Close of Escror~~ shall be on the date that is not later than the first
business day occurring thirty (34} days after the effective date of this Agreement. City
shall not be responsible for the Easements until Close of Escrow.
3. Purchase Price and Additional Consideration.
a. Prarchcrse Price. The total purchase price for the Easements to be
paid by the City is the sum of $1,ZQO,OOO.Q4 (One Million Two Hundred Thousand
Calixto111086.0627112.26
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Dollars}, which sum shall be paid to Seller in full on the Close of Escrow. No attempt
has been made to assign value to any lesser interest in the Easements, including any
leasehold estate. The purchase price, therefore, is the total price for the Easements
without distinction or separation for various interests that maybe held in the Easements.
Seller shall be responsible for any apportionment or allocation of the purchase price if
required for any separately held interests that may exist. Further, the total Purchase Price
includes compensation for all improvements located on the Easements, including, but not
limited to, two single-family residences, garages, trees, fencing, gates, irrigation and
landscaping. The parties agree that the Purchase Price is reasonable in light of all the
relevant facts and circumstances.
b. Additional ~'onsideration ~?utside E,scyow. The City shall replace
at its sole cost and expense any landscaping or other improvements located in the Rancho
California Road Easements with material of like hind and quality, in the event they are
damaged during the construction of the Rancho California Road improvements. In
addition, City agrees that Seller shall retain salvage rights on the improvements located in
the area comprising the Easements for a period of sixty (60} days after the Close of
Escrow. Seller agrees to indemnify the City for any bodily injuries, damages, or claims
resulting in connection with Seller's exercise of these salvage rights. City further agrees
to provide written notice to Seller ten (10) business days before the City's
commencement of grading on the Easements.
4. Title and Title Insurance.
Upon the Opening of Escro«~, Escrow Holder shall ol~tain and issue a title
commitment for the Easements. Escrow Holder shall also request two copies each of all
instruments identified as exceptions on said title commitment. Upon receipt of the
foregoing, Escrow Holder shall deliver these instruments and the title commitment to the
City and Seller. The City's Easements shall be insured at the Close of Escrow by a
CLTA Owner's Standard Coverage Policy in the amount of the Purchase Price (the
"Policy"}. The Policy provided for pursuant to this Section shall insure the City's
Easements free and clear of all liens, encumbrances, and restrictions, subject only to the
following permitted conditions of title ("Permitted Title Exceptions"):
a. Real property taxes for the then current tax fiscal year, which are a
lien not then due and payable;
b. The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Easements;
c. The non-monetary exceptions approved by the City within fifteen
(15) business days after the date the City receives from Escrow Holder the title
commitment and legible copies of all instruments noted as exceptions therein. If the City
unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all
funds deposited therein shall be refunded to the City (less the City's share of escrow
cancellation charges}, and this Agreement shall have no further force or effect. If the
City conditionally disapproves any such exceptions, then Seller shall use Seller's best
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efforts to cause such exceptions to be removed by the Close of Escrow. If such
conditionally disapproved non-monetary exceptions are not removed by the Close of
Escrow, the City may, at its option, either accept the Easements subject to such
encumbrances, or terminate the Escrow and receive a refund of all funds deposited into
Escrow {less the City's share of escrow cancellation charges), if any, and this t~greement
shall thereupon be of no further force or effect. 4t the Close of Escrow, the City's
interests in the Easements shall be free and clear of all monetary encumbrances.
5. Grants of Easement.
Seller covenants and agrees to deposit with Escrow Holder prior to the
Close of Escrow two Grants of Easement duly executed and acknowledged by Seller,
granting to the City the two Easements. T'he easement documents shall be in a form
provided by the City and shall be accepted by the City prior to recording. The Easements
granted shall be non-exclusive and shall be consistent with this Agreement, including but
not limited to the continuing obligations set forth below in Section 12. The parties
acknowledge that the Rancho California Easements or portions thereof will revert back to
Seller after the construction of the improvements to Rancho California Road and after
one of the following: the County accepts the improvements into its system of public
maintained streets or the Seller applies for and receives a permit from the County to
improve the Larger Parcel, whichever occurs first. If at any time Seller or Seller's
successors regrade the Larger Parcel with required County approvals, Seller or Seller's
successors may request that the County vacate that portion of the Butterfield Stage
Easement which is no longer necessary to support Butterfield Stage Road as constructed
pursuant to the street plans. !any legal description or exhibit used to describe the vacated
portion shall be prepared at Seller's or Seller's successors expense. C}ther than grading of
a slope and installation of erosion control, the City, County, their successors or their
contractors shall not install permanent improvements within the Easements.
6. Authorization to Record Documents and Disburse Funds.
Escrow Holder is hereby authorized to record the documents and disburse
the funds and documents called for hereunder upon the Close of Escrow, provided each
of the following conditions has then been fulfilled:
a. Escrow Holder can issue in favor ofthe City the Policy, showing
the City's Easements vested in the City subject only to the Permitted Title Exceptions.
Escrow Holder shall use the proceeds of the Purchase Price to obtain a partial
reconveyance, if necessary, of any monetary liens encumbering the Easements, so that
the Easements shall be free and clear of monetary liens and encumbrances at the Close of
Escrow. Prior to disbursing any such proceeds to the holder(s) of the monetary liens
encumbering the Easements, Escrow Holder shall obtain final approval from Seller
regarding the disbursement of any such proceeds.
b. City shall have deposited with Escrow Holder the Purchase Price
and all Escrow Charges.
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c. Escrow Holder shall have received the City's notice of approval or
satisfaction or waiver of all of the contingencies to the City's obligations hereunder, as
provided for in Section 14; and
d. Seller shall have deposited in Escrow the Grants of Easement
required by Section ~.
e. Unless otherwise instructed in writing, Escrow Holder is
authorized to record at the Close of Escro«~ any instrument delivered through this Escrow
if necessary or proper for issuance of the Policy, including the Grants of Easement.
7. Escrow Charges and Proi-ations.
The City shall pay the cost ofthe CLTA Owner's Standard
Coverage Policy of Title Insurance, the Escrow fees and Escrow Holders customary out-
of-pocket expenses for messenger services, long distance telephone, etc. The City shall
pay any fees or costs relating to recording of the Grants of Easement with the Recorder's
Office of the County of Riverside. City shall pay any documentary or other local transfer
taxes, and any other recording fees. Taxes, assessments, penalties, interest charges,
delinquency charges, and municipal service charges of every kind levied upon or
assessed against the Easements, except as othei-~~-•ise expressly set forth herein, shall be
paid by Seller to the date of recording. If the Escrow shall fail to close through no fault
of either party, the City shall pay all Escrow cancellation charges.
8. License to Enter.
Seller hereby grants to the City and its authorized agents, contractors,
consultants, assigns, attorneys, accountants and other representatives an irrevocable
license to enter upon the Easements for the purpose of making inspections and other
examinations of the Easements, including, but not limited to, the right to perform soil and
geological tests of the Easements and an environmental site assessment thereof. The City
shall give Seller ten (10) hours' prior ~~-•ritten notice before going on the Easements. The
City does hereby indemnify and forever save Seller, Seller's heirs, successors and
assigns, and the Easements, free and harmless from and against any and all liability, loss,
damages, costs and expenses, demands, causes of action, claims or judgments, whether or
not arising from or occurring out of any damage to the Easements as a result of any
accident or other occurrence at the Easements which is in any way connected with the
City's inspections or non-permanent improvements involving entrance onto the
Easements pursuant to this Section. The obligation of City to indemnify for any such
damages under this Section relating to the City's license to enter shall survive Close of
Escrow or termination of Escrow. City shall restore the Easements to their original
condition upon completion of testing.
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9. ~`'arranties and Reuresentations of Seller.
Seller hereby represents and warrants to the City the following, it being
expressly understood and agreed that all such representations and warranties are to be
true and con-ect as of the Close of Escrow and shall survive the Close of Escrow:
a. Seller hereby represents to the best of Seller's knowledge that (i)
on the Close of Escrow the Easements shall be free and clear of any and all hazardous or
toxic substances, materials, and waste, including, but not limited to, asbestos; (ii}the
Easements are in compliance with all applicable statutes and regulations, including
envirommental, health and safety requirements; (iii) all businesses on the Larger Parcel, if
any, have disposed oftheir waste in accordance with all applicable statutes, ordinances,
and regulations; and (iv) Seller has no notice of any pending or threatened action or
proceeding arising out of the condition of the Larger Parcel and the Easements or alleged
violation of environmental, health or safety statutes, ordinance or regulations.
b. Seller hereby warrants that neither this agreement nor anything
provided to be done hereunder, including the transfer of the Easements to the City, shall
at Close of Escrot~~~ violate any contract, agreement or instrument to which Seller is a
party, or which affects the Easements, and the sale of the Easements herein contemplated
does not require the consent of any party not a signatory hereto. Seller acknowledges,
however, that Seller's current mortgage holder(s) will have to consent to grant a partial
reconveyance for Easements, if such mortgage holders are not paid in full and a full
reconveyance given.
c. Seller hereby warrants and represents that there are no mechanics',
materialmen's or similar claims or liens presently claimed or which will be claimed
against the Easements for «~~ork performed or commenced prior to the date of this
1~greement. Seller agrees to hold the City harmless from all costs, expenses, liabilities,
losses, charges, fees, including attorney fees, arising from or relating to any such lien or
any similar lien claimed against the Easements and arising from work performed or
commenced prior to the Close of Escrow by or on behalf of Seller.
d. Seller hereby warrants and represents that except as disclosed in
the title commitment, there are no written or oral leases or contractual right or option to
rent, lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and
to the Easements or any part thereof, and no persons other than Seller has any right of
possession to the Easements or any part thereof.
e. Seller hereby warrants and represents that Seller has no knowledge
of any pending, threatened or potential litigation, action or proceeding against Seller or
any other Party before any court or administrative tribunal that is in any way related to
the Easements other than the threat of condemnation, if any, by City and/or County,
which is resolved by this ~~greement.
f Seller hereby represents that to the best of Seller's knowledge,
Seller is the sole owner of the Easements, free and clear of all liens, encumbrances,
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easements, encroachments ti•om adjacent properties, or rights of way of any nature, other
than those that may appear of record in the official records of the Office of the Recorder,
County of Riverside.
g. Seller hereby warrants that Seller shall remove all personal
property located in the single-family residences, garages and on the Easements within
thirty days of the Close of Escro«~. Any personal property remaining in the Easements or
structures to be demolished after this period shall be deemed abandoned property and
removed by City at City's cost. City shall be under no obligation to store such abandoned
personal property.
10. Representations and `?t~arranties of City.
City hereby represents and warrants to the Seller the folio«~ing, it being
expressly understood and agreed that all such representations and warranties are to be
true and correct as of the Close of Escrow and shall survive the Close of Escrow:
a. City has taken all required action to permit it to execute, deliver,
and perforni its obligations under this Agreement.
b. City has the power and authority to execute and deliver this
Agreement and to carry out its obligations hereunder and consummate the transaction
contemplated herein.
c. City acknowledges and agrees that it is experienced in acquiring,
owning, and improving properties similar to the Easements, that City will, during the
Escrow Period, thoroughly inspect, test, study, review, and investigate all aspects of the
Easements to its full satisfaction, and that City acknowledges and agrees that it is relying
solely thereon in making its decision to acquire the Easements. City further
acknowledges and agrees that except as otherwise specifically stated in this Agreement,
Seller is not making and hereby specifically disclaims making any warranty, guarantee,
or representation of any kind or character, whether express, implied, statutory, or arising
by operation of law, oral or written, past, present, or future, of,, as to, or concerning the
Easements, including «~ithout limitation the physical and environmental nature and
condition of the Easements. Further, City hereby expressly acknowledges and agrees that
upon closing, City shall assume the risk that adverse matters, including, without
limitation adverse physical conditions, may exist with respect to the Easements.
11. Full Payment of All Obligations of City.
a. It is understood and agreed bete-•een Seller and the City that the
payments made to Seller as set forth in this Agreement represent an all inclusive
settlement and is full and complete payment of compensation for the acquisition of all
property interests pertaining to the Easements and includes and satisfies any and all other
payments, if any, that may be required by law to be paid to Seller arising out of the
acquisition of the Easements and displacement of the Seller and all persons residing on
the Easements, and specifically includes, but is not limited to, just compensation for the
Easements, and specifically includes, but is not limited to, two single-family residences,
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garages, trees, fencing, gates, irrigation, landscaping, claims for severance damages,
attorney's fees, interest, litigation expenses, expert's fees, precondemnation damages,
inverse condemnation, owner participation rights under any Redevelopment Plan,
relocation assistance andlor benefits under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.), if applicable, or
under Title 1, Division 7, Chapter 1 of the Government Code of the State of California
(Section 7260 et seq.), including, but not limited to, moving expenses, interest differential
payment, purchase-price differential, and loss of business goodwill under the Eminent
Domain Law, Code of Civil Procedure Section 1263.510, or any other damages of every
kind and nature suffered by the Seller by reason ofthe City's acquisition of the
Easements or the Project for «~•hich the City is acquiring the Easements.
b. The parties acknowledge that payment of the Purchase Price does
not satisfy damages which Seller may suffer in the future as a result of the construction of
the improvements to and widening of Butterfield Stage Road or Rancho California Road
by the City, the County, or their contractors or agents, or any damages Seller may suffer
in the future, including, but not limited to those resulting from: {i) the failure of the
contemplated improvements in the Easements area or (ii) the failure to maintain the
contemplated improvements in the Easements area, as set forth below in Section 12.a.
This specifically includes, but is not limited to death, personal injury, and structural
damage to Seller's improvements as a result of loss of lateral support. Further, the
payment of the Purchase Price does not include future damages for trespass or
encroachment beyond the scope delineated by the Easements in the course of widening
and improving Butterfield Stage Road and Rancho California Road, or the grading on the
Easements.
12. Continuing Obligations.
a. City represents that the approximate Butterfield Stage Easement
will be maintained by the County pursuant to the Joint Community Facilities Agreement
(Street Improvements) by and among County of Riverside and City of Temecula and
Temecula Public Financing Authority and Ashby USA, LLC, a California limited
liability company, dated as of November 1, 2004, Relating to Temecula Public Financing
Authority Community Facilities District No. 03-02 (Roripaugh Ranch) once the actual
grading in the Easements commences. A copy of said Joint Community Facilities
Agreement is on file with the Temecula's City Clerk's Office. From and after Close of
Escrow, City agrees to indemnify and hold Seller harmless from any and all claims and
causes of action by reason of City's acquisition, improvement, maintenance, and
operation of the Easements, except for any claims or damages arising out of Seller's
negligence.
b. The parties further acknowledge that City and the County shall not
be responsible for maintaining the Rancho California Easements after the construction of
the improvements to and widening of Rancho California Road are completed. The
parties acknowledge that this Agreement does not relieve Seller of any property
maintenance obligations it may have for the Rancho California Easements pursuant to
local and /or State regulation after said area reverts back to Seller.
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c. City agrees to provide letter of support for any potential street
vacation(s) as an accompaniment to Seller's application for any street vacations, if
requested.
13. Releases.
a. This Agreement is a voluntary agreement, and Seller, on behalf of
itself and its heirs, successors and assigns, hereby fully releases the City, its officials,
counsel, employees, and agents, from all claims and causes of action by reason of any
damage ~~~hich has been sustained, or maybe sustained, as a result of the City's efforts to
acquire the Easements or any preliminary steps thereto. Seller further releases and agrees
to hold the City harmless from any and all claims and causes of action by reason of any
leasehold interest in the Easements.
b. Seller acknowledges that it may have sustained damage, loss, costs
or expenses which are presently unknown and unsuspected, and such damage, loss, costs
or expense which may have been sustained, may give rise to additional damages, loss,
costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this
Agreement has been negotiated and agreed upon in light of that situation, and hereby
expressly waives any and all rights which Seller may have under California Civil Code
Section 1542, or under any statute or common law or equitable principle of similar effect.
California Civil Code Section 1542 provides as follows:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her
favor at the time of executing the release, which if known
by him or her must have materially affected his or her
settlement with the debtor."
Seller's Initials
City's Initials
c. The City acknowledges that the waiver under Code of Civil
Procedure Section 1542 above does not extend to any damages which Seller may suffer
in the future as a result of the construction of the improvements to and widening of
Butterfield Stage Road or Rancho California Road by City, the County, or their
contractors or agents, or any damages Seller may suffer in the future, including but not
limited to those resulting from: (i) the failure of the contemplated improvements in the
Easements area or (ii) the failure to maintain the contemplated improvements in the
Easements area, as set forth above in Section 12. a. This specifically includes, but is not
limited to death, personal injury, and structural damage to Seller's improvements as a
result of loss of lateral support. Further, the releases herein made do not release any
claims that Seller may have (i} for trespass or encroachment beyond the scope delineated
by the two easements in the course of widening and improving Butterfield Stage Road
and Rancho California Road, or the grading on the Easements, or (ii) against their title
company under any policy of title insurance.
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d. City acknowledges that it may sustain damage, loss, costs or
expenses in connection with the acquisition of the Easements which are presently
unknown and unsuspected, and such damage, loss, costs or expense ~~-~hich may have been
sustained, may give rise to additional damages, loss, costs or expenses in the future.
Nevertheless, City hereby acknowledges that this Agreement has been negotiated and
agreed upon in light of that situation and possibility, and hereby expressly waives any
and all rights which City may have under California Civil Code Section 1542, or under
any statute or common law or equitable principle of similar effect. California Civil Code
Section 1542 provides as follows:
"A general release does not extend to claims which the
creditor does not kno«~ or suspect to exist in his or her
favor at the time of executing the release, which if known
by him or her must have materially affected his or her
settlement with the debtor."
City's Initials
Seller's Initials
e. This Section 13 shall survive the Close of Escrow.
14. City's Contvi~encies and Satisfaction.
For the benefit of the City, the Closing of Escrow and the City's obligation
to consummate the acquisition of the Easements shall be contingent upon and subject to
the occun'ence of all of the following (or the City's written waiver thereof, it being
agreed that the City can waive any or all such contingencies) on or before the Close of
Escrow:
a. That as of the Close of Escrow the representations and ~-arranties
of Seller contained in this Agreement are all true and correct.
b. The delivery of the Grants of Easement pursuant to Section 5
above.
c. Escrow Holder's commitment to issue in favor of the City of a
CLTA Standard Coverage Chwner's Policy of Title Insurance with liability equal to the
Purchase Price showing the City's interest in the Easements subject only to the Permitted
Title Exceptions.
d. The City's approval prior to the Close of Escrow of any
environmental site assessment, soils or geological reports, or other physical inspections
of the Easements or the underlying real property that the City might perform prior to the
Close of Escro«-.
15. Evidence in Count Proceeding.
The parties agree that the total Purchase Price of $1,200,000.00 or any
inference of per square foot value ofthe Larger Parcel based on said Purchase Price shall
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not be admissible as evidence of the fair market value of the Easements in any eminent
domain or other court proceeding.
16. C"ertification of Non-Foreign Status.
Seller covenants to deliver to Escrow a certification of Non-Foreign Status
in accordance with LR.C. Section 1445, and a similar notice pursuant to California
Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow.
17. Certification of Trust.
Seller covenants to deliver to Escrow the following items:
a. A certification pursuant to Section 18100.5 of the California
Probate Code in a form satisfactory to Escrow Holder demonstrating that Rueben Calixto
Jr. and Jennifer Calixto, Trustees of the Calixto Family 2003 Trust are duly authorized to
legally bind the Calixto Family 2003 Trust; and
b. Copies of those excerpts from the original trust documents and
amendments thereto which designate the trustee(s) and confer upon the trustee(s) the
power to act in this transaction.
18. Default.
In the event of a breach or default under this Agreement by either
the City or Seller, the non-defaulting party shall have, in addition to all rights available at
law or equity, the right to terminate this Agreement and the Escrow for the purchase and
sale of the Easements, by delivering t~~ritten notice thereof to the defaulting party and to
Escrow Holder, and if the City is the non-defaulting paY-ty, the City shall thereupon
prornptly receive a refund of all prior deposits, if any. Such tei-~nination of the Escrow by
anon-defaulting party shall be without prejudice to the non-defaulting party's rights and
remedies at law or equity.
19. Notices.
All notices and demands shall be given in writing by certified mail,
postage prepaid, and return receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a} personal delivery, (b) two (2) business days
following deposit in the United States mail, postage prepaid, certified or registered, return
receipt requested, or (c) one (1) business day following deposit with an overnight carrier
service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed
as provided Belo«~ for the respective party. The parties agree, however, that if any party
gives Notice in writing of a change of name or address to the other party, Notices to such
party shall thereafter be given as demanded in that Notice:
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CITY : City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
Attention: Shawn Nelson, City Manager
COPY TO: Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
355 South Cnand Avenue
40th Floor
Los Angeles, California 90071-3101
SELLER: Rueben and Jennifer Calixto
Trustees ofthe Calixto Family 2003 Trust
31307 Santiago
Temecula, California 92592
COPY TO: Jon H. Lieberg, Esq.
Jon H. Lieberg, A Professional Law Corporation
41911 Fifth Street, Suite 300
Temecula, California 92590
ESCROW First American Title Company
HOLDER: 3625 14th Street
Riverside, CA 92501
Attn: Debra Dunn, Escrow Officer
20. Further Instructions.
Each party agrees to execute such other and further escrow instructions as
maybe necessary or proper in order to consummate the transaction contemplated by this
Agreement.
21. Amendments.
Any amendments to this Agreement shall be effective only when duly
executed by both the City and Seller and deposited with Escrow Holder.
22. l~'fiscellaneous.
a. A~pliccrble Law. This Agreement shall be construed and
interpreted under, and governed and enforced according to the laws of the State of
California.
b. Enti~°e Agreement. This Agreement supersedes any prior
agreement, oral or written, and together with the Exhibits hereto and any agreements
delivered pursuant hereto, contains the entire agreement between the City and Seller on
Calixto111086.0627112.26
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the subject matter hereof. No subsequent agreement, representation or promise made by
either party hereto, or by or to any employee, officer, agent or representative of either
party, shall be of any effect unless it is in writing and executed by the party to be bound
thereby. No person is authorized to make, and by execution hereof Seller and the City
acknowledge that no person has made, any representation, warranty, guaranty or promise
except as set forth herein; and no agreement, statement, representation or promise made
by any such person which is not contained herein shall be valid or binding on Seller or
the City.
c. Successor°s and Assigns. This Agreement shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors and assigns of
the parties hereto.
d. Tithe of'Essence. The parties acknowledge that time is of the
essence in this Agreement, notwithstanding anything to the contrary in the Escrow
company's general Escrow instructions.
c. Remedies Not Exclusive and Yi~aivers. No remedy conferred by
any of the specific provisions of this Agreement is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. The election of any one or more remedies shall not constitute a
waiver of the right to pursue other available remedies.
f. Inte>"pretation and Canstt°uction. The parties agree that each party
has reviewed this Agreement and that each have had the opportunity to have their counsel
review and revise this agreement and that any rule of construction to the effect that
ambiguities arc to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendments or Exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership,
firm, trust, or association wherever the context so requires. The recitals and captions of
the sections and subsections of this Agreement arc for convenience and reference only,
and the words contained therein shall in no way Ue held to explain, modify, amplify or
aid in the interpretation, construction or meaning of the provisions of this Agreement.
g. Effective Date. The "Effective Date" shall be the date that
this Agreement is fully executed.
23. Attoriievs' Fees.
If either party hereto incurs attorneys' fees in order to enforce, defend or
interpret any of the terms, provisions or conditions of this Agreement or because of a
breach of this Agreement by the other party, the prevailing party, whether by suit,
negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys'
fees from the other party.
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24. Assi6nment.
The City may assign its rights under this ~~greement or may designate a
nominee to acquire the Easements, provided, however, that any such assignment or
designation shall not relieve the City of any of its obligations under this agreement.
25. Escro~~~ Holder Need Not Be Conceived.
Escrow Holder is not to be concerned with Sections 8, 9, 10, 11, 12 and 13
hereof, and the City and Seller release Escrow Holder from liability or obligation as to
Sections 8, 9, 10, 11, 12, and 13 above.
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IN t?VITNESS t~'HEREOF, the parties hereto have executed this
Agreement at Temecula, California on the date u1ritten by their signature.
SELLER
Rueben Calixto, Jr., Trustee of the Calixto
Family 2003 Trust
Date:
Jennifer Calixto, Trustee of the Calixto
Family 2003 Trust
Date:
Approved as to form:
Jon H. Lieberg, Esq.
CITY OF TEMECLiLA, a muiucipal
corporation:
Shawn Nelson, City Manager
Date:
ATTEST:
Susan Jones, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
Calixto111086.0627112.26
12/20/07 -15-
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM NC). 15
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
FEBRUARY 26, 2008
A regular meeting of the City of Temecula Community Services District was called to order at
7:46 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 4 DIRECTORS: Edwards, Naggar, Washington
Comerchero
ABSENT: 1 DIRECTORS: Roberts
Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
20 Minutes
RECOMMENDATION:
20.1 Approve the minutes of February 12, 2008.
21 Approval of 2007-08 Mid-Year Budget Adjustments
RECOMMENDATION:
21.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 08-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING
THE FISCAL YEAR 2007-08 ANNUAL OPERATING BUDGET
MOTION: Director Naggar moved to approve the Consent Calendar. Director Edwards
seconded the motion and electronic vote reflected approval with the exception of Director
Roberts who was absent.
R:1Minutes1022608
CSD BUSINESS
22 Temecula Youth Master Plan
RECOMMENDATION:
22.1 Approve in its substantial form the Temecula Youth Master Plan.
Director of Community Services Parker introduced Ms. Esmeralda Garcia, representing MIG.
By way of PawerPoint Presentation, Ms. Garcia highlighted the following aspects of the
proposed Youth Master Plan:
• What is the Youth Master Plan
• Why a Youth Master Plan
• Interactive Plan Development Process
• Guiding The Planning Process
• Involving Youth and the Community
• Vision
• Values
• Outcomes
• Strategic Directions
• Public-Private Partnerships
• Organized Activities
• Community Facilities
• Safety
• Respect and Understanding
• Job and Life Skills
• Transportation
• Public Information and Oversight
• Implementation
Director Washington commended Ms. Garcia and MIG for its efforts in formulating the Youth
Master Plan.
With enthusiasm, Ms. Garcia stated that it has been a pleasure to work with the City, the
residents, and the youth of Temecula.
For the Council, Ms. Garcia added the following:
• That the meetings entailed various sectors of the community
• That the consensus was to provide opportunities to all youth
• That there would be a strong community support far the Youth Master Plan
• That dialogue between youth and adults must continue throughout the process
Director Washington commented on the achieved attendance and the support given to the
Youth Master Plan Subcommittee by the residents and the youth of this community.
R:1Minutes1022608 2
For Director Edwards, Ms. Garcia noted that the youth participating in the Youth Master Plan
meetings relayed their desire to partake in the creation of the community facilities that will be
provided for the youth.
A. While expressing his enthusiasm with the implementation of a Youth Master Plan for the
City of Temecula, Mr. Bill Gould, representing Full Value Entertainment, thanked all involved in
the creation of the Youth Master Plan and relayed his support of moving forward with the plan.
B. Ms. James Messina, representing Temecula Sounds, also relayed his enthusiasm of the
proposed Youth Master Plan and expressed his desire to revamp his program in an effort to
offer a larger venue of music at his place of business.
Although he would be supportive of Mr. Messina's desire to provide a place for the youth,
Director Washington relayed the importance of safety issues with respect to a teen hang out;
and noted that in order for his type of establishment to be allowable, all required permits and
obligations would need to be satisfied.
Director Washington also expressed his desire to create a Youth Commission to discuss
and address the concerns and issues faced by today's youth.
Director Naggar commended those involved with the proposed Youth Master Plan and relayed
support of the implementation process.
Relaying her full support of the proposed project, Director Edwards spoke highly of a Youth
Master Plan and also reiterated the implementation process.
MOTION: Director Washington moved to approve Business Item No. 22. Director Naggar
seconded the motion and electronic vote reflected approval with the exception of Director
Roberts who was absent.
CSD DEPARTMENTAL REPORT
23 Community Services Debartment Monthly Ret7ort
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
Director of Community Services Parker extended a special thanks to Directors Naggar and
Washington, the Community Services Commission, representatives of MIG, the public, and staff
far their efforts in bringing the Youth Master Plan to fruition, and assured that the Temecula
Community Services District will continue to enhance its level of Caol.
CSD GENERAL MANAGERS REPORT
No additional comments.
CSD BOARD OF DIRECTORS REPORTS
No additional comments.
R:1Minutes1022608 3
CSD ADJOURNMENT
At 8:30 p.m., the Temecula Community Services District meeting was formally adjourned to
Tuesday, March 18, 2008, 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:1Minutes1022608
ITEM NC). 16
Approvals ~Q
City Attorney Sv
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Susan W. Jones, City Clerk/Director of Support Services
DATE: March 18, 2008
SUBJECT: Ratification of Election Results -Service Level C Various Zones Citywide
PREPARED BY: Cheryl Domenoe, Administrative Assistant
RECOMMENDATION: That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. CSD 08-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF
TEMECULA, RECITING THE FACT OF THE SPECIAL TEMECULA
COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION
HELD ON MARCH 4, 2008 DECLARING THE RESULTS AND
SUCH OTHER MATTERS AS PROVIDED BY LAW
BACKGROUND: Atthe meeting of December 11, 2007, the Board of Directors adopted
Resolution No. CSD 07-14, which called for a Special Election to be held among the property
owners of various zones Citywide. The purpose of this election was to propose an increase to the
rates and charges for perimeter landscaping and slope landscape maintenance services (Service
Level C) beginning July 1, 2008.
This election was conducted by mail with a final date for acceptance of ballots to be no later than
8:00 p.m. on March 4, 2008. At 8:00 p.m. on that date, the City Clerk acting in her capacity as the
City's Election Official and as the Secretary of the Board of Directors of the Temecula Community
Services District declared the receipt period for receiving ballots closed. At 8:30 a.m. on March 5,
2008, the Elections Canvassing Board duly appointed and consisting of City Clerk Susan Jones,
Administrative Assistant Cheryl Domenoe, and Senior Management Analyst Barbara Smith along
with consulting firm MuniFinancial conducted the canvass of the results.
The whole number of ballots cast for establishment of the annual levy for Service Level C far
Perimeter and Slope Landscape Maintenance per residential parcel beginning FY 2008-09 were as
follows:
Zone Yes No incomplete
1 Saddlewood 20 89 1
2 Winchester Creek 18 71 1
3 Rancho Highlands 54 99 1
4 The Vineyards 12 35 1
5 Signet Series 38 46 4
6 Woodcrest Country 42 30 3
7 Ridgeview 20 48 1
8 Village Grove 72 216 7
9 Rancho Solana 7 15 0
10 Martinique 2 16 0
11 Meadow View 1 4 0
12 Vintage Hills 85 200 5
13 Presley Development 46 140 6
14 Morrison Homes 14 36 0
15 Barclay Estates 1 15 0
16 Tradewinds 17 53 1
17 Monte Vista 8 10 1
18 Temeku Hills 252 309 7
19 Chantemar 25 49 1
20 Crowne Hill 60 221 3
21 Vail Ranch 112 329 3
22 Sutton Place 3 7 1
23 Pheasant Run 40 58 2
24 Harveston 88 222 1
25 Serena Hills 11 63 1
26 Traditions/Gallery Homes 1 2 0
27 Avondale 6 26 1
28 Wolf Creek 34 176 1
30 Valdemosa 0 5 0
Staff recommends adoption of the resolution ratifying the results of this election.
FISCAL IMPACT: There is no direct fiscal impact as a consequence of the ratification of
the election results.
ATTACHMENTS: Resolution No. CSD 08-
Official Tally of the Votes
RESOLUTION NO. CSD 08-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT OF
THE CITY OF TEMECULA, RECITING THE FACT OF THE
SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT
MAIL-IN BALLOT ELECTION HELD ON MARCH 7, 2006
DECLARING THE RESULTS AND SUCH OTHER
MATTERS AS PROVIDED BY LAIN
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES
DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DECLARE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1. A Special Mail-in Ballot Election was held and conducted in the City
of Temecula, California, on March 4, 2008, as required by law; and
Section 2. Notice of the election was given in time, farm and manner as
provided by law; that the special election was for the purpose of obtaining approval by
property owners within various Zones Citywide, for a proposed increase to TCSD
Service Level C Rates and Charges for Perimeter Landscaping and 51ape Maintenance
beginning FY 2008-09, with an annual inflation adjustment that is based on the
Riverside County Consumer Price Index-Urban Consumers (CPI-U} percentage change
for the previous calendar year and that cannot exceed 5% annually; that election
officers were appointed and that in all respects the election was held and conducted
and the votes were cast, received and canvassed and the returns made and declared in
time, form and manner as required by the provisions of the Elections Code of the State
of California; and
Section 3. Pursuant to Resolution Na. CSD 07-14, adapted December 11,
2007, the ballots were returned to the office of the City Clerk/Secretary of the Temecula
Community Services District; the results were received, canvassed in public and are
herein set forth in Section 2.
Section 4. The whole number of ballots cast in the homeowners election was
three thousand seven hundred thirty two (3,732) and the whole number of provisional
ballots cast in the election was none {0}.
Section 3. The whole number of ballots cast for the proposed increase to the
annual levy for Service Level C Rates and Charges for Perimeter and Slope Landscape
Maintenance per residential parcel beginning FY 2008-09 on the ballot were as follows:
Zone Yes No Incomplete
1 Saddlewoad 20 $9 1
R:lCSD Resos 2008/CSD 08-
2 Winchester Creek 18 71 1
3 Rancho Highlands 54 99 1
4 The Vineyards 12 35 1
5 Signet Series 38 46 4
6 Woodcrest Country 42 30 3
7 Ridgeview 20 48 1
8 Village Grove 72 216 7
9 Rancho Solana 7 15 0
10 Martinique 2 16 0
11 Meadow View 1 4 0
12 Vintage Hills 85 200 5
13 Presley Development 46 140 6
14 Morrison Homes 14 36 0
15 Barclay Estates 1 15 0
16 Tradewinds 17 53 1
17 Monte Vista 8 10 1
18 Temeku Hills 252 309 7
19 Chantemar 25 49 1
20 Crowne Hill 60 221 3
21 Vail Ranch 112 329 3
22 Sutton Place 3 7 1
23 Pheasant Run 40 58 2
24 Harveston 88 222 1
25 Serena Hills 11 63 1
26 TraditionslGallery Homes 1 2 0
27 Avondale 6 26 1
28 Wolf Creek 34 176 1
30 Valdemosa 0 5 0
R:lCSD Resos 2008lCSD 08-
Section 6. The Board of Directors of the Temecula Community Services
District does declare and determine that as a result of the election, a majority of the
voters voting on the measure relating to the proposed increase of Service Level C
Rates and Charges, Zones 1 through 5 and 7 through 30, beginning Fiscal Year 2008-
09 pursuant to Article XIIID, Section 6 of the California Constitution, did vote in
opposition to the measure and that the measure failed.
Section 7. The majority of voters in Zone 6, Woodcrest Country, did vote in
favor to the measure and that Zone 6 was carried, and shall be deemed adopted and
ratified.
Section 8. The City Clerk/Secretary of the Temecula Community Services
District {TCSD) shall enter in the minutes of the TCSD Board of Directors, a statement
of the result of the election, showing: {1) The whole number of ballots cast in the City;
(2) The votes in favor, {3) The votes in opposition and {4) Those received incomplete.
Section 9. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Community Services District of the City of Temecula this 18th day of March, 2008.
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC
City Clerk/Board Secretary
[SEAL]
R:lCSD Resos 2008lCSD 08- 3
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community
Services District of the City of Temecula, do hereby certify that the foregoing Resolution
No. CSD 08- was duly and regularly adopted by the Board of Directors of the Temecula
Community Services District of the City of Temecula at a meeting thereof held on the 18th
day of March, 2008, by the following vote:
AYES
BOARD MEMBERS:
NOES: 0 BOARD MEMBERS:
ABSENT: 0 BOARD MEMBERS
ABSTAIN: 0 BOARD MEMBERS
None
None
Susan W. Jones, MMC
City Clerk/Board Secretary
R:lCSD Resos 2008/CSD 08- 4
City of Temecula
TCSD Balloting Results
Ballots Returned Number
Zone Yes No Yes No
1 Saddlewood $2,612.80 $11,626.96 Fail 20 89
2 Winchester Creek $1,602.00 $6,319.00 Fail 18 71
3 Rancho Highlands $6,849.90 $12,558.15 Fail 54 99
4 The Vineyards $627.60 $1,830.50 Fail 12 35
5 Signet Series $7,201.00 $8,717.00 Fail 38 46
6 Woodcrest Country $3,990.00 $2,850.00 Pass 42 30
7 Ridgeview $2,011.60 $4,827.84 Fail 20 48
8 Village Grove $14,034.24 $42,102.72 Fail 72 216
9 Rancho Solana $322.00 $690.00 Fail 7 15
10 Martinique $256.00 $2,048.00 Fail 2 16
11 Meadow View $203.75 $815.00 Fail 1 4
12 Vintage Hills $10,890.20 $25,624.00 Fail 85 200
13 Presley Development $2,351.98 $7,158.20 Fail 46 140
14 Morrison Homes $1,372.84 $3,530.16 Fail 14 36
15 Barclay Estates $199.23 $2,988.45 Fail 1 15
16 Tradewinds $2,975.00 $9,275.00 Fail 17 53
17 Monte Vista $406.96 $508.70 Fail 8 10
18 Temeku Hills $19,459.44 $23,860.98 Fail 252 309
19 Chantemar $5,700.00 $11,172.00 Fail 25 49
20 Crowne Hill $10,980.00 $40,443.00 Fail 60 221
21 Vail Ranch $15,924.16 $46,777.22 Fail 112 329
22 Sutton Place $391.92 $914.48 Fail 3 7
23 Pheasant Run $891.20 $1,292.24 Fail 40 58
24 Harveston $8,976.00 $22,644.00 Fail 88 222
25 Serena Hills $2,402.95 $13,762.35 Fail 11 63
26 Traditions/Gallery Homes $296.18 $592.36 Faii 1 2
27 Avondale $458.94 $1,988.74 Fail 6 26
28 Wolf Creek $4,386.00 $22,704.00 Fail 34 176
30 Valdemosa $0.00 $692.25 Fail 0 5
Total Dis trict $127,773.89 $330,313.30 1,089 2,590
Percent 27.89% 72.11% 29.60% 70.40%
REDEVELOPMENT
AGENCY
ITEM NC). 17
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
FEBRUARY 26, 2008
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:30
p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California.
ROLL CALL
PRESENT: 4 AGENCY MEMBERS: Comerchero, Edwards, Naggar,
Washington,
ABSENT: 1 AGENCY MEMBERS: Roberts
Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
None.
RDA CONSENT CALENDAR
24 Minutes
RECOMMENDATION:
24.1 Approve the minutes of February 12, 2008.
25 Approval of 2007-0$ Mid-Year Budget Adjustments
RECOMMENDATION:
25.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 08-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AMENDING THE
FISCAL YEAR 2007-08 ANNUAL OPERATING BUDGETS
R:\Minutes1022608
26 Letter of Support far Highland Property Development's acquisition of the Oak Tree
Apartments
RECOMMENDATION:
26.1 Authorize the Executive Director to issue a Letter of Support for Highland Property
Development's acquisition of the Oak Tree Apartments for affordable housing
purposes.
MOTION: Agency Member Naggar moved to approve the RDA Consent Calendar. Agency
Member Washington seconded the motion and electronic vote reflected approval with the
exception of Agency Member Roberts who was absent.
RDA DEPARTMENTAL REPORT
No additional comment.
RDA EXECUTIVE DIRECTORS REPORT
No reports at this time.
RDA AGENCY MEMBERS REPORTS
No reports at this time.
RDA ADJOURNMENT
At 8:31 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, March 18, 2008, at 5:30 p. m. for Closed Session, with regular session commencing at
7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California
Ran Roberts, Chairperson
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes1022608 2