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HomeMy WebLinkAbout031808 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title I I] 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. 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C j .~ ~ o~ ~ ~° ~ ~ ~ ~ ,~ . ~ ~ o ~ 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. ~-~`~,L~ ------------------ - -- '.-- ---- ---------------- Q~OFESS ANTHONY J. ERICH R.C.E. 21914 ~~~°~ONYJ. EXP. DATE 09/30/07 ~ N o. 21914 EXP. 9-30-09 \C ~ V ~~-/ SHEET 1 OF 2 SHEETS ~=10'14'13" ~ r R=100.00' L=17.87' ,~ N52'05'35"W 317.35' N62'19'48"W I 41.04' N04'47'45"E 27.46' ~=16'44'53" ~ 55' 55' R=70.00' L=20.46' 8' WIDE 1 ~~ ~A~~ V N cD w N ~ ~ Z ... W ~o 0 ~ o Z r~ N `~._ -~ ~ ..I o N N0. 21914 y z r ~ ~ n, Op~~ EXP. 9-30-09 * `~~ti,~, ~~ ~~ ~oo o ~\~ "O O ~ `~~~0 N n OF'CAL~F~~ f ~~~0`0 ~ ~ o D~ oo Q~~ REMAINDER 60.00' AccESs 5.89 ACRES OPENING EXCEPTION SEE DETAIL ON SHEET 2 00' 7.34' N52'05'35"W 195.66' w I ~' N t` I~ Z ~I I~ - ~~ 60.00' ACCESS OPENING N69'54'45"E WOLF CREEK DRIVE N. 28.30' I EASEMENT NOTES 1~ AN 8.00' WIDE R.C.F.C. STORM DRAIN EASEMENT DEDICATED TO THE CITY OF TEMECULA PER MB 100 0 100 200 350/65-78 scale 1 "= 100' feet Q w J J o SHEET 2 OF 2 SHEETS EXHIBIT B - MAP DETAIL LEGEN D P.O.B. POINT OF BEGINNING QROFESS/0 ~~~o ON ~ N~~ ~ 55.00' ti ~ ti ~ ~=179'59'59" ~ N0. 21914 z R=6.66' S37'54'25"W a EXP. 9-30-09 ~ ~ L=20.92' 7.00' * ~ ~ ' ~- - * ~' S52'05'35"E s9T~ Clvl~ FO~~\~ ,-~~'~IC N3T54'26"E 9.61' CF CA~~ , ~,~ 7.09' ~~ o~ , ~~ o ~O~j oo ~~~ .~ 9~ N Q ~~ ~ o0 3~ 3 0 ~Q ~~ • ~ ~~~ o ~ o C ~~o ~~ ~ Q ,~~ w J S52'05'35"E ~ry ~ 7.13' ~ 0.12 ACRES i~ J ~=180'00'00" N47'55'19"W (R~ vii O R=6.65' L=20.89' N52'05'35"W ~ 7.00' ~=90'00'00" 10.56' h°` ,~o R=8.77' o, 4~' L=13.78' ~~O ~ N52'05'35"W 63.77' ~~1 P.O.B. ,,~ °o ~~ ~' ~~'^ ~ WOLF CREEK DRIVE N. 20 0 20 40 scale 1 "= 20' feet ,_ ~ ~ ~OV~A pK~ . _~ +•, ~. _~ ,,, ~~~_ t f rk .~ t_ _ T 4 i Wol creek Pa << _ r p ~, t 1 ~ ~ 11 L~ (~ 1L ~ N _ __ - _ ~-r q a ~ ~ ~ ~ ~ r i G ~ ~ ~~, ~ ~4 i --' r ' O ~ d r r '~, ~ ~~ ~ Y~ ~ / r r n ~ ~~ ~ ~ A 6 a T ~- ~ ~ s ~ b i 'i ~TAt1N ~ N' / ,, `,, ~ ~~CCP oR _- ~~, o~ A 1 5~i~ 1_,~ ~= VtA~__~ ~,. ,, _- ~N o 2 ~lAr,__~ t' ~ , _ --_ ~ ,n. -- ,- j ri __ - - _ ~ ~ ~ o`' ~~y~ roe ;y `~~. -- `- - VhAS~~~~ ~PAI~ ~~~ iy--° {`~ ~ I~ y ~~ ~ > 11~ \ O_ U ¢pP ` A \\ I ti ~ ~ _ ,. ~' ~ ~ " -- \ ~, o \ \' Rv r 1 `\ ° ohm,; ~~ `k~ ,os ; ~-, ;` _ ~ i ~ % ~ ~',' ,' ~a~~~~ R~e~ 1. ~°~1f ~ %O-v~'' ~ ~ ~a~~ ~ ~~< ~ ~~ ~ ~ ~ 5 , -~ T ~ ! _ ~;" - r r ,r 1 ~• GFLOy pEL ~ _ /s/~~ '\` ,f \ ` ~`~~\`/ +f f~~. / _!~_~ l~~ ti4 ~GOR,DOBAO - _ /-, 1 ~ ~~ ~ ~ ~i ~y~~ ! ~ F Y ~ y- V1A c~ 1 ~- `~ 'r ~ ;,_ . 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GUS DT ~-/~ ,, - C~~/~/ ~ ~ y~V ~ ~C~` .` Y ,~~``~y~ \ ;~ j - ~~ ~ ~~ t yl•~ ~, 1..x.0 ~ ~, ~ ti V _J / i~ ~' ~-~ ~ "~ ~ ~ ~ ~~~ ~ ~ ~ '~~~~ '~• r~ ,lr" ~ ~ . ~~ , .-7 ~~, y '~ ~ <.o ~' ~ i .AST ~ ~? ~~ ~ ~ ~ •2~ hr.,q ~7~ ~ ' ~i ~! ~~ G ~ 2~ ~ ~ i-~1 ~ I~~/~, ~Q,~J\~ ~ \~y C',Q~ / . ~ \' pQ~; ~ vy ~~~ ~ ~~qe~ !~ ~ ` I~r \'~ ~. ~ ~ti ~'fi i ~~t~, f`<, .~ ? ~ ~j, _ ~~ -~ ~ ~,~~; 0~4\ , \ ~ Ali /Fr \ 1 ~ ~ ~~,?~~ - ~> ~ , 4./ ~ x~ ~~x ~~ - Q x ~~ ~ ~ JG ~ . ~ v ~ ~~ ~ peg ~ ~ ~ ' y ~,1 ' i ~ ~, J/<[1 Z ~ i J/~~ ~r i ~ \ ,~\ s ~5~~v,~ /,~ ~/ ~ ~ ~` O,C~~ ~~y ~~StiG~ ; :^ ~~oJ ~ ~ c~.~T '~,,'~ R; ~~ ~~ ~-- v ~ ~ j ~ ~' { ~ ~ ,~ q 0~~~~o i~~ ,, v~~~~ c ~i~~~~G~ ~i, \~gL~b,9 \ \%i ~iO~' ~r /~s %/ % ~ ~ ~ \, 00,~'~ O,~ -% ..~s e- F / o v ~ ~ ~ ~ ~ r, / i `~ ~ i ~ ~,~ ' ~~ ~, ~~. ~ ~~ , ~\ ~ ~ ~A < <,, ~ , Wolf Creek Park ~r %~~ ~ ~~y ~~ ~ `~ > G 'Y~,T '9 ~ \ ~ Y ~ ~~ ~ \ \. ~ G \ / ~\ ~\ \`, of , \~S ~ ,y1OO \ ~ / \ ~ ~. ~1~ ~G~$,i y~. ;~~ A 1. O~ '~. '19 ~ ~'-. -l~ '4~' ~ ~ ~ 3~ _ 2 -, G~. .~'~ O p, ' '~ /J`. ,., ... ~.e G~~ ST 'S~~ A/ ~5~, ~JQ-O , / P~~'.~\ r, ,. ~ ~.; _ ~~~0 ~.~~~ . ~V ~OP~~ ~~ OQ'O ~'~~ ~ ~~ ~~- _, / / - ~ o ~ ~~- ~X I~\~ ~ ~ -~Y %, ` ~ ~< -~° ~ ' ~°ti ~~` ~ 5}~~~~ • ~ ~ ~~lv~' _ ~icN~ y~7`7`~~RS L v"- , ~~~~~ r~~`~,,, ,~~' ~ ( . ~ST\ ~< Q~ ~~~~Q4~' ~~ A~~~ - ~ Q2ki ~ '`v~T~17 /~(jN/ .'. ~ ~ ~L ~p~L ~~ J ~/ / , ` ~~ ' `~<G~J~r ~4~ \ \ ~~'Lii ~ ~d \v yi \\y~~~l ~ ~pNp~~'~`!y~ ~1 ~ ~i ~ ~~ ~~~Ep , < ~ ~ ~ ~ ~~ ~ ~. _ ~. ~ ~~ ~ ~' 0 250 500 1,000 '1500 2,000 i~ • Feet. 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. 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T~ U ~ O ~ ~ a o ° ~ a O K O N i O 'D 00 O ~ O U U '~ O ~ N O w U ~ id ^ " O N O O O N ~'3 ~ r ~ o ooc~ ~ o n o n 0 0 ~ o ~ ~ o0 00 a0i a r ~ o ~~n oo ' N O O O M V , p j "d p O N N N , ~ ~ N N ' ',} 69 69 V3 Ff3 FY3 D ~ ~ [ . F c ~ ti ro v o 0o co ~ '~ ~ "'' O ~! a> 7 V b 3 ~ ~ 7 c~S N N w G '~ A 4. by '.. N ~ U y ... . , N ~ ~ a a ~ ~ ~ .. i N G y y u U W 0 U '~ q ~ ' L ~ ~ ~ C O C O C~ a I ° y U U O w o :~ P. •G ~ pp t~ m sue. o b `..° E a ~. c ^m i " U U ~ W as F Q gE VIV NIN ~ v3 r~ N 0 W U G bq Q C O ~ a. 'd o ~ ~w N rx h y C w w 0 d u L '~ 0 co 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 ~j~cti FSTFq z to _~ n z -~ D 'boy o tiw ~, z n O ~9 c ~~ 0 cn z 0 \a Cq<<~ MEDUSA 9i~,FRT o~ ~~F ~~~ rn 0 \~o JEFFRY (HEIGHTS ROAD 10 ~ ~ ~~ ~ q ~ !~ i q y !n ~ ~~~ Sy~ ~ ~~~ ~ ~ ~~~~ ~ ~~ ~~~~ ~ z ~ ~ ._ ~ ~~ ~ .. ~.. ~~~ ~ E3 ~#~ a ~ ~ r m o o rn" S e~g ~~ ~ ~y ~~ a F~ z m m h " ' n a ~ ~R ~ $ ~- a m a a ~ ~ ~~ ~~ ~ ~~~ ~A ~~~~€~g o ~ o ~ o O 2ac~ ~ € ~ ~ ~~ Ve ~~ V o ~~ ~~ ~ ~ ~~ ~~~ ~ ~ ~ ~ ~~ ~ `~ ~ ~ ~M~~~ ~ag~~- ~ g s s g~ 3 ~E ~~&~~~ ~ ~$~ ~f ~€~S~ a $~ ;F g~~ ~ ~ ~ ~~ a > a ~ ~ ~~~~ ~ ~ g~ ~~ ~~ ~ R ~ ~ ~ \~ ~ ~~g \~~ ~ ~ ~ ~~ ~j bid ~~, ~" ~+~ ~ ~ ~ ~~ ~, ~ ~ ~ N I ~I ~ ~ °~ ~ ~ ~~ ~ _ J g ~ ~~ i~ $$ ~~ 8a i~ v ~ ~~~ i~~ E ~ \~~a u ~~~~~c ~ \ ~w ~; !~~ \~~ m~z _. -~~ pono ~ a ~ a // R ~ ~ _ - ~ i~ ~~~ `~, ~~ ~~~ naaa• $Q ~ ru•mttE zsw~ d' e iar~c zsn:~ i~ ~ ~ ~ ag` : € ~_ rxrorvE c~nr~ ~uam~ b~~~ ~~"~~EfFREYHE1GHiSROAD ~ ~ I' ~ ~~q \\ ~~a-F ~ ~~ ~ ~~ ~ ~~~ fi~ ~~ i~ ~ r egg geser ~~~o ~ .~ ~ 8 A~ ~~ ~n ~ce ~n ~a ~~ ~ ~ ~a ~~ ~a ~ ~~ ~~.. ~~~~ s~ ~~ ~~ ~~ ~ ~~ € € ~ ~ ~ ~~ ~~ ~ ~ O O ~+~'c~,r~T Z a e ~ ~~~5 moo axe ~ Cf O y ~ ~ 002 2 ~wo~ oTa o m a~$~z ~ ~n, A m~°r~_`Om ~ Cn~wa ~ ~ T ~~ C /~ w s~ V ~ ~ g ~~ ~~ \\\ ~. \ ~e °~ :3 g~~ ~@ ~9 \\ ~ ~~g \ ~ ~ .+ ~o~'~ ~ $i~ 2=' ~ M ~g~ 1pS~a,,.x~~N` a/u",e~ ~~ .w ~ ~ ~ !f~ ~ u an s ~~ ~~~ ~ ~ ~- ~~g s ~g$ ~ ~_ ~I~ ~-~ ~ G QQ 'e' ~ ~ ~ ~ \ ~P~ggg~ o ~~// Y FF ~ Diu ~% ,l'1 2 2 A ~ ~g o r yZ G]~ f $ ~ FED j ~ Q y ~ ~ n ~ ~ ~ ~ ,- ~ ~~~1~~ G ~~ ~ ~~ y ,am r ~` y 2 p y ~1 /'~~ .~ p mC q~,~ p~y~. 8 ~ A 2 Z F s l ~ a o a ~°~ \ ~~~ ~¢ e~q o T A~~ 1 0 ~~~ /~~ ~ ~ ~I~ ~"F \~ ~~ ~ 'S, a .17 y C) ~ .1~~ A ~' 2 ~' ar ~~ o ~ \ °m~~° °m 4 c .-ze ~ ~ C7 ~ U y iSPF a~ ~ ~ ~ O Mq]'QF mrAZ a° ~ u ~ ~ ~ w V T ~~~ torv mam ~ ° \ ~ ~ C ~ \~ C $ I ~ tl$GY x _ ~ ~M'C~'¢F E680T~ ~ ~teaa~ ~/ .~~7 Aw \* S ~ v ~ ,sg ~~ JEFFREYHEIOHTSROAD ~ ~ ~~& \ ~ o S S S °'~s i ~p ~~ ~sr~~ ~' ~~ 6 ~~ ~ 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" ~e~r 1 I OED/CA ~1 AND ~ CCEPIf0 J~1 - - If PER MB 52/25-30 1 44.00 --~ ,~ oO Sa.oo' I SCALE 1 =,30' 1 ~ I 1 N ~ I -.23.00~~ N7_9. ~~4~E ~34~~ 0 ro 0 ~fonue~ o. ~ Exp. 6-30-0 1 ~ GJQANT OF EASEMENT PER DOG: NO. 50718 REC. ?/9/9J ~ s.oo1 1 DED/GATED AND AGL^EP1E0 PER PMB 152/74-76 ~~ ~~~~~~ 1 1 _ ~~,~ -~~~~ ~~d ~ ~ S1072'/5 E 1,350' / / S79'4~4~w 1 1 \ 6'00'' 1 I _ IS79%f754 W a _ _ TRUE PG~NT GF ~, ~~ II ~ 1 BEG/NN/NG ~ ~ 1 ~~ ~ II o ~ 11 I ~ _ -~ _ MoT~Rw ~ GWANTGF'EASEMENTPER 1 1 Pri+"~ DOL: NO. 50724 REC. 2/9/9.3 PG%NT OF G'pyMENr.~FNr e ~~~ 1 ~ °° s 1 ~~ b 1 ~~ - 6 ~ ~ ~~ 4 EXLLrL EAG7Al~ER11G I ~' NLYN/TY A/AP 440 STATE" PLACE I NOT TO SCALE L~L^OYBlll2 CA 529 P1'igllr 17601745-BIlB 0 30 60 EXHIBIT "C" 1 ~ 1 1 1 1 __S79 _----""~- N7947'15"E 6.00' 51072'06'E 1,00' N79 47'15"E 2.50' -"" ,\ 1 SCALE 1 =10' Michael D. Levin Fxp, 6-30-09 EXGL~L EhCilAt'ERIAG 440 STATE PLALlr E,SGL7VDIAZ CA 9c'3~29 FKgllr 17601 745 9118 p 10 20 ~ ~ p,~~~~~ ~~ '47$4"IY 7.~' - - N7947:54'E 7.00' TRUE PLBNT C~ BEGYNN/NG TOP N 1 °~ ~ d° z o °~ ~'`' R,~ ~~ ~ 1~ ~ ~ ~ ~, a ~ ~N V 1~ p 1 /SOMETR/C IAEW NOT TO SCALE ~b~ CAR 1 Mo~R wAY pARK PO/NT OF COMMENCEMENT 1RUE PGyNT ~ BEQ'NN/NG BOTTOM R=3.00' ---'"" `-- N>07206'{Y 1300' -____ I EXHIBIT ee~xu I III' __,_ ---'"-"" N7947'15"E 6.00' „p~~ TRUE PO/NT Gig BEGYNN/NC R=3.00' ___---- ~' ~~ O e N ~ ~ ~ dq I ~ ~ ~3 ~~ ~ ~ ~° Oo ~ SCALE 1=10' ~'~ ~ `~ d ~ SAND ~~~naei o. ~h~ Exp. 6-w-09 * ' M~ Tp R CAR No. 6896 - PARKWAY 0 CA~~E r PO/NT OF COMMENCEMENT EXLEL EJIGIAL~ERIAG MHO STATE PLACE EJLQYDIAZ CA f~9 PfiplE <760I 755' 8118 0 10 20 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 \~ __ - -- ,., ~ '~ O N 'r '. I K ~ J r'v~. yr `~~; 1S O~%S~ 0 ~~~~ . Ci \ 4`. ~;. ` is \~/b~Y ~ !s, ti~ \ ~ . 00 ~~ ,~ c ~r ~~~ yf'/y, ~('i~~ O ~~~ ~~~- ~ O~ fsyfli s J```~~J ~A 0( N L.l ~z ,, ~~ ~- ~~~~ ~~y J Q ,. \\V~ Z /: 4 ~ O1 p ~ w ~ .-. rn w "~ O N rl rl H O H O .y O f`1 O n 0 O rl P O m N ~ ~ T O C '~~ 'Y O r T n U~ ,A c fl f! ~r rn /r vi O p ? ~n - v 'f ii p a y ~' i ~n ~n m l U7 A .- N .uf~ „~„ fA /1 /~ /~ 4. N N "' C ~ U C F ~ o ~ ~ C 0. b c v u b' ~ ~, o ~ o o ~ o F 4 UCi (~H O G O 1. p C ~%i ~Ii ~~ «~ M O C! ~I~ n A U~ C N QU G ~ K F. ~ O G v ~ ~ W N (~i f"r 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 CONTRACT Ci - ~ C 1Program Files (x 86)1N eevia ComlDOCUmerrt Corrver~ntem p\874170 tloc 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. CONTRACT ~i - 2 C 1Program Files (x 86)1N eevia ComlDOCUmerR Corrver~ntem p\874170 tloc 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. CONTRACT Ci - ~ C 1Program Files (x 86)1N eevia ComlDOCUmerR Corrver~ntem p\874170 tloc 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 CONTRACT Ci - 4 C 1Program Files (x 86)1N eevia ComlDOCUmerR Corrver~ntem p\874170 tloc 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. C{JNTRACT Ci - ~J C 1Program Files (x 86)1N eevia ComlDOCUmerrt Corrver~ntem p\874170 tloc 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 CONTRACT Ci - 6 C 1Program Files (x 86)1N eevia ComlDOCUmerR Corrver~ntem p\874170 tloc 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 CONTRACT Ci - 7 C 1Program Files (x 86)1N eevia ComlDOCUmerrt Corrver~ntem p\874170 tloc 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. C",Program Files lx86yJVeevia.ComlDocument Converter',ternp`,8?4183.DOC 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. C",Program Files lx86yJVeevia.ComlDocument Converter',ternp`,8?4183.DOC 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. 3 C1Program Files fx86}Weevia.ComlDocument Cona~erter',ternp',874183.DOC 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 e} C1Program Files fx86}Weevia.ComlDocument Cona~erter',ternp',874183.DOC 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 12/20/07 -2- 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 Calixto111086.0627112.26 12/20/07 -3- 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. Calixto111086.0627112.26 12/20/07 -4- 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. Calixto111086.0627112.26 12/20/07 -5- 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, Calixto111086.0627112.26 12/20/07 -6- 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, Calixto111086.0627112.26 12/20/07 -7- 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. Calixto111086.0627112.26 12/20/07 -8- 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. Calixto111086.0627112.26 12/20/07 -9- 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 Calixto111086.0627112.26 12/20/07 -10- 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: Calixto111086.0627112.26 12/20/07 -11- 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 12/20/07 -12- 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. Calixto111086.0627112.26 12/20/07 -I3- 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. Calixto111086.0627112.26 12/20/07 -14- 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