The URL can be used to link to this page

Home My WebLink About051308 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 MAY 13, 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. 6:15 P.M. -Closed Session of the City CouncillRedevelopment pursuant to Government Code Section: Conference with City Attorney pursuant to Government Code Section 54956.8 regarding the following real properties: a) Real Property owned by Borchard-Temecula, LP, which is a vacant lot located on the southwestern corner of Pechanga Parkway and Temecula Parkway and the northwestern career of Pechanga Parkway and Cupeno Lane in the City of Temecula, and is identified As Riverside County Assessor's Parcel Numbers 961-010-072 and -073. City negotiator, Coral Chiodo, Real Property Agent, regarding instructions to negotiator concerning price and terms. City negotiator with the property owner Borchard-Temecula, LP. b) Real property owned by Borchad-Temecula, LP, which is a vacant lot located along the northern side of Temecula Creek, including a portion of the floodway, east of Jedediah Smith Raad in the City of Temecula, and is identified as Riverside County Assessor's Parcel Number 961-010-076. City negotiator, Carol Chiodo, Real Property Agent, regarding instructions to negotiator concerning price and terms. City negotiator may negotiate with the property owner Borchard-Temecula, LP. c) Real Property owned by the City of Temecula, which is an approximate 0.875-acre vacant lot located adjacent to the realigned Diaz Road, and is identified as portions of Riverside County Assessor's Parcel Number 921- 020-075. City negotiator, Carol Chiodo, Real Property Agent, regarding instructions to negotiator concerning price and terms. City negotiator may negotiate with potential buyers of subject parcel. 2. Conference with City Attorney pursuant to Government Code Section 54956.9{a), {b} and {c) with respect to three matters of pending litigation, one matter of potential litigation, and one matter of whether to initiate litigation. The Council will meet pursuant to Gavernment Code Sectian 54956.9{a} with respect to three matters of pending litigation to which the City and Temecula Public Financing Authority are defendants. The titles of the pending litigation are: RJ Noble Co. v. Ashby USA, City of Temecula et al. Riverside Caunty Superior Court Case No. RIC 480922; Utah Pacific v. Ashby USA, City of Temecula et al. Riverside County Superiar Court Case No. RIC 485802; and Riverside Construction Co. v. Ashby USA, City of Temecula et al. Riverside Caunty Superiar Caurt Case Na. RIC 484173. The Cauncil will meet pursuant to Government Code Section 54956.9{b) with respect to one matter of potential litigation that the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. The City Cauncil will also meet pursuant to Government Cade Section 54956.9{c) with respect to one matter to decide whether to initiate litigation {Roripaugh Ranch Project and Community Facilities District Bonds and Roripaugh Ranch Mechanics Lien Litigation)." Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 08-03 Resolution: 08-39 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Niko Ayala Invocation: Pastor Scott Anderson of Crossroads Church Flag Ceremony: Temecula Valley Young Marines ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar PRESENTATIONSIPROCLAMATIONS Public Works Week Proclamation Certificate of Appreciation to Bob Spaller Certificates of Appreciation to Temecula Youth Emglovment Exgo Committee Members PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" farm 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 Far all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of April 8, 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 March 31, 2008 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2008. 5 Initiation of City Construction of Priority Public Improvements with Bond Proceeds {CFD 03- RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONSTRUCTION OF VARIOUS PUBLIC IMPROVEMENTS RELATED TO DEVELOPMENT IN RORIPAUGH RANCH AND RELATED ACTIONS, AND AUTHORIZING AND DIRECTING VARIOUS ACTIONS WITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) 6 Contract for Audit Services for the Fiscal Years Ended June 30, 2008, 2009, and 2010 RECOMMENDATION: 6.1 Approve an agreement with Lance, Soll and Lunghard, LLP, Certified Public Accountants, to serve as the City's auditors for the fiscal years ended June 30, 2008, 2009, and 2010, for annual contract amounts of $43,400, $44,610, and $45,860, respectively; 6.2 Approve a 10% contingency amount for the three year period; 6.3 Appoint the Mayor or his designee to meet with the auditors in order to comply with new auditing standards. 7 Acceptance of Improvements and Notice of Completion for Phase II of the Maintenance Facility Expansion Field Operations Center, Project No. PW03-06 RECOMMENDATION: 7.1 Accept Phase I I of the Maintenance Facility Expansion Field Operations Center, Project No. PW03-06, as complete; 7.2 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; 7.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 8 All-Way Stop Control -Walcott Lane and Klarer Lane RECOMMENDATION: 8.1 Adapt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF WALCOTT LANE AND KLARER LANE 9 Contractor Pre-Qualifications for Phase 2 of the Old Town Civic Center, Project No. PW06- 07(Ph2) RECOMMENDATION: 9.1 Authorize the Department of Public Works to solicit and pre-qualify contractors to perform the work required for Phase 2 of the Old Town Civic Center Project, Project No. PW06-07(Ph2). 10 Professional Services Agreement for Geotechnical and Material Testing Services with Geocon Inland Empire, Inc., associated with the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11 RECOMMENDATION: 10.1 Approve an agreement with Geocon Inland Empire, Inc., in an amount not to exceed $125,589 to provide as needed geotechnical and material testing services for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, and authorize the Mayor to execute the agreement; 10.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $12,558.90, which is equal to 10% of the agreement amount. 11 Agreement for Consulting Services between the City of Temecula and Inland Planning and Design, Inc., for preparation of Design Guidelines for the Old Town Specific Plan RECOMMENDATION: 1 1.1 That the City Council approve a contract with Inland Planning & Design, Inc., for planning services in the amount of $45,000. 12 Second Reading of Ordinance No. 08-02 RECOMMENDATION: 12.1 Adopt an Ordinance entitled: ORDINANCE NO. 0$-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 13 Minutes RECOMMENDATION: 13.1 Approve the minutes of April 22, 2008. 14 Sixth Amendment to the Midori Gardens, Inc., Maintenance Services Contract RECOMMENDATION: 14.1 Approve the Sixth Amendment with Midori Gardens, Inc., for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas in the amount of $885,408 for Fiscal Year 2008-2009; 14.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $88,540.80, which is equal to 10% of the amendment. 15 Sixth Amendment to the Excel Landscape, Inc., Maintenance Services Contract RECOMMENDATION: 15.1 Approve the Sixth Amendment with Excel Landscape, Inc., to provide continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $1,668,486 far Fiscal Year 2008-2009; 15.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $166,848.60, which is equal to 10% of the amendment. 16 Tract Map No. 23103-2 -Service Level B. Service Level C, and Service Level D Rates and Charges 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 ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 23103-2 BEGINNING FISCAL YEAR 2009-2010 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" 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 other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record RDA CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of April 22, 2008. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT TPFA CONSENT CALENDAR 18 Minutes RECOMMENDATION: 18.1 Approve the minuets of February 12, 2008. 19 Initiation of City Construction of Priority Public Improvements with Bond Proceeds (CFD 03- RECOMMENDATION: 19.1 Adopt a resalution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING AND DIRECTING VARIOUS ACTIONS WITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 {RORIPAUGH RANCH) 20 Community Facilities District No. 03-02 (Raripaugh Ranch) Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 0$- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH} RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the projects} in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing CITY COUNCIL BUSINESS 21 Request for Direction from City Council regarding Zoning for Public Charter Schools as requested by Julian Charter School RECOMMENDATION: 21.1 Provide direction to staff whether or not to proceed as recommended by the Planning Commission as follows: That an amendment to the Development Code be considered to provide that all schools be processed and reviewed in the same manner (except Temecula Valley Unified School District is exempt). That all schools require a Conditional Use Permit (CUP), and not be outright permitted, so that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, can be analyzed on a case by case basis with each Conditional Use Permit application. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, May 27, 2008, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. PROCLAMATIONS AND PRESENTATIONS 'd U ''d v~ r/~ ~, r/~ '~ '~ o ~ O N a G ~ N ~ +, ,~ ~ O ~ .fl °~ c ~ on U • 'd ~ ~ '~ •+ ~ ~ N ~ ~ O ~ a~ ~ ~Q ;~' ~ `n ~ ' ~ G N ~ W U o ~ G •~ ~ a~ .~ ' ~ '~ O ~ ;; C~ U U ~-i ~ Qi ~ ~ ~ ~ '~ ~ ~ ; } ~ C/] cC ~ ~ '~ c3 N ~--~ G U ~--' ~--~ Z °' ~ +~ ~ ~ ~ G 4-~ ~ ~ ~ E'' ~ . ~ `~+ ~, +~ N ,~ ~ 4-+ ~ ~ r ' ~ U ~ 3-, '~ ~ U N O '~ bIJ i-a ~ U U tC3 4--a ;~ ~ U . ~ ~ . ~ ~ U `~ .~ ,~ G ~ ' ~ yN ` ~ ~ GU c~G, 't~ p ~ ""~~G.. ;.~ p .~ ~"V ley ~ ~ `a-~ Q'"~ O U ~ ~ •~ ~ cd ~ 4~ ~ r, ~ ~ ~ ~ G ~ ~ ~ ~ „y U N ~ ~ ,~ `~` tV ..~ ~ ~ G ~ ~, ~ ~ ~ 00 ~ ,-~ U G ~ ~ ~ ~' '-~ U `~ O v ~'' ~ ~ ~ U p ~ G ~ ~ Z N ~ N U s.,_-, ^`~r '~''-I U ~ ~ c~ ~ ~ ~~ " U U N •~ „~ ~ ~~" ~ r j ,~ by ~ j ~ .., -~ , -~ rGi~ e~3 ~ ~ ~' ~ ~ G ~i U O ~ v ~ . %'~ O ~, ~ ~ --~ ~ G N U ' ~ ~ r/a u~ "~ -~ ~ ~ ~ `~--~ U ~ W oo ~ ~ ~ ~ -- ~ ~ ~ ~ ~ ~ ~ v ~ d ~ ~ v ++ ,~ . ~ +~ +, G ~ ,~ ~ H o ~ r~ r,~ ~ ~ ~ ~ ~'' ~ Q., W x o ~ G ~i lYi ~ ~ G4 G4 '~ ~ ~, ~ ~ U ~ ~ ~ ~ +~ ~ ~ ~ ~ ~ U ~ N N ~ O ~ ~ ~ ~ ~ ~ ~ ~ O ,~ I O ~'~.. ~ ~ O U U r, n ~ ~ n~i a~i `~ ~ ~ +' ~ N ~ r ~ ~ ~ ~' ~ Q~ ,~ N v~ ~ U ~ ~ ~ ~ ~ ~ rte' 4 ~ ~ U] H . ~ ~ a~ ~ ~ ° ' ~ .~ w ~ ,~ ~ 0 0 '~ ' ~ ° ,~ a ~ ;~ ~ ~ ~ ~ ' ~ ,..~ ~/1 ~ N ~ ~ N ~ O O ~ ~ ~ ~ ~, ~~ v ~~ '. ` ~ ~ ~ ' o U ' Q ~ ~ >, „~ ~ , ° ~, ~ ~ U ~ ~ ~ o ~ , a, ~ ~ ~ ~ ~~ ~ .~ ~ '~ ° ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ .~ ~ U ,~ -~ ~ n a~ C a, ~ a~ Q, ~ ~ `~ ~ ~ ~ C'rl ~ ~ `}-' ~ U c ~ o ~ o a~ ~ ~' o ~ ~ ~ '~ U ~ .~ ~ ~' u ~ M ^ ~ O O Q R ~ W .~ ~ N ~' ~ N ~+" 1 ~ " ~ r' ~ y ~ ~ ~ S~ ~'" N rte, • ~ ~ , ° ~' } `I ~ a~ U ~ , are ~ ~ ~ ru.~ ., ti '~ +' . ~ ~j v ,.~ '~ N ~ ~ , U ~ N N U ~ N U ~ N , U +, N ~, ~ ,~, ~ ~ t1 ~ ~ ~ O • , -' ~ ~ , , 'n p c~ ~ ~~ *~ 0 zn O '+ ~ ~n ~, 4~ rV~~I i M I~ ~ ~ ~ U ~ to ~ N i% `~ U ~ ~ Q ~ 'd U F-+ • ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c O O U' ~ c~-,3 c~ ,~ O ~ H G' ~ ~ r/a 'd y 0 ~ ~ ,~ '~ 0 ~, G ~ O O ~ ^~ ~ ~ N ~ U ~ r" ~ O ~'' c~ '~ N ~' r/1 ~ ~ ~ ~ ~ a~ a~ °, _~ w ~w ~ U ~ °' ~ ~ ~ ~' ~ ~ ~ .~ ~ U o ~~, ~~ Z o .~ ~ N w w ~ ~ ~ .~ ~ ,~ ;~ c o ~ ° o ~v ~ a 1~ Y 1~' pp~~~++ Ci 'C ~ F"+ ~ ~ ~ ~ z 'C w • 0 +~ w y `y v y x a, wj `CS ~ ~ N '3 ~ Fa ~ '`,~' ~vj ~ N ~ ~ ~ ~~vj 1~~ U ~ C ~ O p~ -~ 40~ ~A\l ccW O ~ `/ N ~ ~ pp v 1^^ (~ ~ ~ cC W O ~~ w ti ~ ~ `hl ~ ``" ~ [T` s. F" w ~ -~ ~ o ` l '~I ~o a~ 0 7 ~ ~ ^1 y ~ ~ ~ U '~ oN ~~ ~ ~°~ N U ~ O ~ ~ V ~ ~ ~~° ~ `°" ° Q. ~~~ '~ ~' 3 ~~ ,~ k" U O ~ ~ N ,.Ci y :x H sU. 'a~;~' o ~ 3 ~' U ~ ~ 0 ~ y ~ a' y O s'~-~ ~" ~ N ~ y ~ ~ ~ ~ ~~ E ~ ~ > ~ ~ V ~ Y Y ~ ~ ~ '~ ° ~ ~ Z ~. ~ • ~ ~~ `` U V ~ ~ ~ ~ ~ V ti ~~ ~ ~ ~3 ~~ ~ ~ ~o~ ~~o ~ ~.~ ~~~ ~ ~~° ~ Q 'w ;~ °: ~ ~ o •~ ~ °~~ ~~ ~ ~ ~ ^" w~ ~ U ~ ti ~ a3i ~ - s ~ 3 p ~ ~r ~ ~ ~ ° ~ ~ ~ w W ~ °~ ~ a~ U w ~ • ^j~ _ U ~, ~ y s~ cd~ N O S~..p p ~ o ~ ~ ~ W ~ o ~~ `` Y ~1~1 V O N ~ ~ ~~ N p V ~ ~ .~ 1~~ O ~' ~ ~ ~ U \ ~ ti O Sr" ~ ~l d rn ~ ~~. y ~ ~ V ~ v ~ ~ ~ p ~. ~ ~ Y ~ ~ ~ •3 P. ~ '~ C ~ o ~,'~ ~ f+ "~ C6 .~ Q~ N ~ ~ ~ ~ ~ ~ > ~°•~~.~ C ~ ~ O '~ O s'x.. ~ ~ ~ T ~ ~ `~ U ~' .w E-I Y ~ ~ ~ ~ .C ~ "3 U d !-~ n` ~ ~ tW` i-~ ~ C~ kO] U ~ ~ ~ . v ~. ~ ~ ~ O ~ fyd ~ ~ m 7 ~ ~ ~ ~ ~~ N O C~ y p rv ~ ~ ~ ~ ~ ~~ ti •~ ~ d ~ o ~"r ^' ~ '3 CJ U ~, u~ .? ~° U `~-~ ~ 4~ ~ W W w .'. ~ ~ a~ ... O ~ ~~..II w f~, W ~pI iy4 ~I ~ ~ ~ ~ ~y~y iti ~ ~ ~ ~ ~ ~ ~ Y ~ )-1 •~ ~j O O .~ .N .U ~ ,~'~"' p'p C^ N ~ ~ N O N ,S" 'AS .i"i ~ ~ Y 4~ 'y ~ -o y ~ ~~ 3 Q"~~ y ° -o -~ '~~~~ ~ w m ~ .~ ~ ~ ~ o .~ ~; ~ ~ ~,> ~ ~-°' c ~' ~ ~o .Y , ,~ v~ ~ U v y ~~ ~ U y ~ .H ~"•~ '~~ z ~"~ w~ ~` a w'C ~ ~b ~ ~ ~ U y~ N y ~ ~ ~ ~ ~ y ~ ~ F" ~ ~ ~ G ~ ~ ~ ~i ~ 'C3 ~N ~ ~ ~ ~ V ^ ~ v O W ~ ~ ~~ C~ ~ oU ~ ~~ ~~~U 7 0 ~~ ~ O ~ o P. on o Off`` ~ ~ ~ ~ ~ W y O '~ N O N ~ Iv ~ ~ ~ O V ~ ~ ~ ~ ~ O~" ~~ ~ ~ ~ ~ ~ ti °' v a ~ U'~~U ~ ~;~'~~ H ~~ o 4~ y '~ '~ ~ ~~ '~ o. ~~ ° ~ ~ .~ ~ ~ ~ w ~ ~ ~ ~ a~ o -o ~; ~ ~~~~ ~ a~ ~ o w° •~ ~ .~ O N ~ s.. ~' '~' ~ c~ _ G O ,s; '~ ~ ~ ~ ~ ~ U dJ Y Y ~, -~ g .~ ~ ~ z N 4-i 'a ~ W ~ U O vj U'~ i Hb°o ~ •N O~ r~ ~ ~ T V] A ~ i?y ~ ~ N° F~~ O ~ O ~ ~ w O ~ ~~l Fr N O ~l ~ ~ , ~ ~ rvV_7 p U O o ~'I ~ o °' .~ kW•~ ~ 0,~ ,~ w ~ o Q. ~ o ~ ~ Irl ~ Y ~ 'N C~ O G~ r \ ~j .W ''S y o V ~ N v ~l y U ~ Q. N ,r' y N (~ ` 3 ~ V Y iy y W Y ' ~ ~ $-r •~ ~Q ~ 0 Y N Q ~ Y ~~ ~ ~ Q ~ y ~ ~ ~ ~ ~ > ~° •~ ~ .~ p ,~ `~ ~ '~ O mss. ~" U U ~ v ~ d o ~ ~ ~ ~ ~ U ~ ~ U v [~ ~ ~ ~ en ~ y '~ ~ Z ~ Y ~ ~~ ~ vi ~. w a. ~j ~ O u, W~W 'u ~ ai ~~ w ~ a~ F4 0 ~ ,~ `iv °~ "' `~ o ~ ~~ ~ ~o ~ • N ~ O sU. Cy/~ eta N O A ~,a ~;~ y ~ sue. N ~l O ~ r~ a~i p 0 ~ H ~ yy ~ ~ ~~jj ;x ~ G of ~ ~j ~~` U ai •`~ O y O v ^~ I (, ~ `N ~1 ~ O c~ 1 ~ ¢, ~ .y ~ k O O ~ ~ ~~ ~. ~ ~. .~ v o~~ O w ~ w A. bq p Y ~~ ~ Q ~- ~ ~ ~ '~' ~ Q ~ ~ ~ ~ ~ y v ~ ~ ~;~U ti °'~,y~ ,~'' ~ ;~ ~3 ,~ aHi ~ ,~ ~, 4,~ ~ ~ b '3 p. Y~~~ °~ ~ ~ ~ ~o~y ~~ +r -a ~ '~ ~ ~ ~ ~ w ~ ~ ~ ~ -~' c, ~ o ~.~~> ~° •}, ~ .~ p . ~ ~ ~ +xJ' O ~ tti Li ~ v ~ _ CJ .r N N -o ~ ~ ~ ~ z ~ ~ ~ ~~ ~ w- ~ o ~ ~~ ~ ~ U ~ ~ ~ ~ ° ~ o ~, A O ~ ,.C N ~ • ~ ~ ~ O ~ T c~~tl-++ ~ ~ ~ ~" F+ N ~l O 'fi'r z~ `Ta~~~i O ~ O ~~ Al W O U ~ ~ N ~ 'C3 °' ~ o 0~,1 ~Or ~° ~,~.~ wW~ ~, C~ ~~ o ~ ~ ~ ~-~ Y ~~ [~ ~ ~~o O ~ ~ O ~/ ~ W W y 0 e ~ [ l N ~ ~ a~i O V ~ ~l ~ ~~ ~ N ~ ~ ,S H +' m r.. ~ ~ °' = w 4~ ~ ~ .~ .~ ~ ~ ~~~~ ~ o ~y ~~~~ ~~ ., -~ -~ .~ o ~ ~ ~ ~ w ~' .°~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~o.y~,~ p ~ y ~'~ O ~ T ~ O v o ~ ~ `~ U ~~ ~ .~ ~ ~ ; ~ ~ U ~a ~ ~ ,~ ~ ~. v ~ p, W ~ vS `IV sue. O ~ Q •~ ~ v 'C • O U ~ ~ O ~ ti w ~~ ~ bo A O ~ ~ ~N ~~ ~~~ ~~ y ~ ~ F ~ ~. ~~ij ~ cti ~ ~ ~ ~ ~\ •~ U cti W ~ O ti O ~ ~ ~ ~ ~ ~ 0 ~ ~ ~~ ~ ~ 3 ~ ~ ~ ~~ ~ ~ ~ ~ ~~ O ~ U O ° ~ v1 ~ ~ ~~~ ~ o ¢,.tq o O w a~i4" w ~ ~W~ o o ~ ~~. `` ~ ~ }}~~ .~ • N V 'L3 N ~ ~i ~ O ~ O ~ 'L~ ~i O O ~^ ~ ~ ~ y O .. ;~ V a 'v ~ y ~ ~ ~ ~ y ~ o ~ ~ 4-, 4~ ~~-u~ ~~~~ 3 ¢' ~ ~ '~ >°, y .~~~~ O ~ ~ a:~~~ o.c °Y' ~ ~~~~ -~ a~ -~ O ~ ~ w°O•~>.~ (ti ~ y ~ ay O iy- '-~ ~ " ~ U c~i °~ ~ ~ ~ ~ ~ ~ ~; ~ ~ y ~ ~ ~ ~ ~~~ ~~ z ~ ~ g w~ ~~ .~ 'C ~ pay ~., U O 0~3 ~0 3 ~ y ~ ~ y .L' ~ rV ~ Q ,~ ~ ''v O U ~ t3 w y }.a ~j ~ U cd ~ ~ O v ~~ C~ "Z ° °~' 0,~ 4~ ~ ~ o U w ~ ~ ~" r~ ~ W w ~o ~ c,q ~~:~o ~ ` W y HIV V O Q) ~ ~ ~ si O U O N .. ~` ~ ~ ~ ~ ~ ~ ~ V a r O ~ y y ~ a~ ' ,cyd ,~ w r_ y }4 ~ 5-I _/ .SAY ~ ~ 3 ~ ~~ ~N ~ O ~ y "I ~ C ~ ~~ w ~ ~ °~ m •~ ~ ~ ~ a~ ~ O Y ~ ~ N ~ ~ N --~ ~ w ~ 44~ O ' . ~ ai v, o ~ ~. x a o ~~ ~° `~ U ~ ~ Y ~ ~ N ~ ~ ~ Cn N `" 'd [d W ~ ~ ~ U O ~ ~ ~ 4~ ,~ ~ as ~ ~,~ ~ ~g ~ ~ ~ ~~ ~ a~ '3 0 ~b ~~ ~ ~ U~ w ~ ~ 3 ~ ~, ~ A ~~ oU ~ `~ C ? ~ ~~ 0 o ~ ~ ~ ~ W ;~ ~~ a' W 4~ w,~~~ •IV C,~ O N ~ ,~ ~ ~ o ~+ ~ V ~ 't3 •, ~ ~ ~ ~ ~ ~ y 'mil ~" U ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q~ F~-i ~O ~ U ~ ~ U ~:~'3=~ w a ~ N y ~ ~ ~ 4~ ~ ~ ~~ on ,~ ~ ~ c ~~ •~ ~ ~ ~ .~ y ~ ~ ~ ~ a~ o ~ ~ ~ ~ a~ °' o w •~ > .~ w0 .~ y ~ ,1 O ti v~ ~ U O U ~ ~ ~ ~ ~ .. '~ ~ ~ ~ ° ~~ u •.a Y Y ~ ~ ~ ~-1 O H iC z/~/-iyl ~. ~ •~ ~ ~ Q. U ~ ~ ~ ~ 0 U ti (~~ ~ ~ ~ ~ ~ ~ U o ~ y ~° v k. ~ W ', ~ v~ a~ ~ ~ ~; ~ o w ~ ~ ~ F" ~' ~~ ~ ~ _ ~ ~b ~ ~ ~~~ ~i v ~ ~ ~ c ~ ~ ~ o~ ~ ~~~ 4~ ~ ~, p ~, ~' H rO • rv d k o U ``" V 0~ w s~. W ... v ~ ~, ~ U Q w ~ ~ O ~T~~l ~ s. oq ~ ~ ~W~ o Cl ~ w.~~~' rW~ ~ W ~ ~~ V V ~ ~ ;~ 3 ,~ .~ ~, ~'~~~, ,~ ~' ~ .~ '3 ~~~ on ,~ ~ ~o~,y '~ y .~ .~ '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O "~ Y N "' N ~~r -fr' ~ ,~ O ~.~~> ~° .w > .~ p ,~ ~ ~ +'~ O sx.. ~+ V N ~ d ~ ~ O N ~ v .Y..I' - ~ U Cy~J ~ A ~ w ~ ~' [~ N 9 •.. b~A V 'C ~ ~ ~ ,~ ~ .L" "l R.+ w ctl ~ v~ W "'C3 N aj ~.r U O O ~ ~3 ~b ~ ~ a. ~~~ ~o ~ o k ~ ~ rv ~ ~ ~ N ~~ ~~ ~v v ~ ~ ~ 3 ~ o ~ ~ o~ ~ ~~~ ~ ~ ~H ~ N c k o ~ •~ C4~ ~ ~~ ~~ ~ w~° l~l w •~ ~ w O a~i ~ ~ •~ '9 0 ~ ~ ~ w :~ o ~ ~~ w~~~ • iv C~ o a~ ~ .y ~ ~ o 0 r`W ~ ~ U N ~ U P-i • c~ ~ ~ v ~ Y ,~ ~ ~ ``" Y ~ ~~y •~ y ~ ~ ~1 3 ~ ~~ ~~ ~~ .~ ~ c ~ ~ ~~~~ ,~ ~ y a~ o ~ ~ ~ ,~ NC ~ O CONSENT CALENDAR ITEM RI~J. 1 ITEM RI~J. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 8, 2008 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, April 8, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Naggar Absent: Council Members: Washington PRELUDE MUSIC The prelude music was provided by Sienna Naggar and Gavin Carlson. I NVOCATI O N The invocation was provided by Reverend Jonathan Maxey of Grace Chapel of Temecula. Requesting a moment of silence, Mayor Naggar advised of the late Major William G. Hall, a Temecula resident, who lost his life in honor of his country. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Roberts PRESENTATIONSIPROCLAMATIONS Child Abuse Prevention Month Proclamation Proclaiming Child Abuse month far April, 2008, Mayor Naggar presented Board Member Kristin Thornbury, representing the Child Abuse of the Southwest Regional Council, with a proclamation. Accepting on behalf of the Southwest Regional Council, Ms. Thornbury thanked the City Council for the recognition. Autism Awareness Month Proclamation Mayor Naggar proclaimed the month of April, 2008, to be Autism Awareness Month. Thanking the City Council for the proclamation, representatives of the New Vision Children's Services accepted the proclamation, and invited the City Council to attend a coalition night on May 31, 2008. PUBLIC COMMENT A. Representing Rescue Murrieta, Mr. Edward Faunce, Murrieta, relayed his concern with the City's prioritization of road projects in the area and referenced a disturbing article in the Press Enterprise with respect to the Newport Road conditions associated with hidden conflicts of interest of the Council and the Rancon Group. R:1Mi n utes1040808 With respect to the Newport Road improvements, City Manager Nelson clarified the following: • That Newport Road was built through a Community Facilities District (CFD) and that the property owners directly adjacent to Newport Road paid 100°l0 of all associated costs to build Newport Road • That Newport Road was not built with government funds but funded solely by the adjacent property owners • That the fully improved road would be an outstanding example of how Riverside County should develop, that roads get built prior to new homes being built • That the fully improved road will connect Winchester Road to the I-15 freeway without the homes yet in place • That the City of Temecula filed a lawsuit with the County of Riverside to ensure that roads be constructed prior to impacts of new homes • That Newport Road would be an outstanding example of how Riverside County should develop roads prior to new homes being built. B. Mr. Doc Laine, Temecula, relayed his concern with an article in the Murrieta Bugle with respect to Rancon's profits being prioritized over the improvements of Winchester Road, commenting on the fatalities on this road. C. Mr. Fred Bartz, Temecula, relayed the importance of good transparency and encouraged the City Council to pass a local ordinance imposing that all Political Action Committees register in the City's of where their elections take place and to file the required campaign disclosure forms in that City. Referencing Mr. Bartz' request, Council Member Comerchero directed staff to agendize a report with respect to election transparency. D. Relaying his opinion, Mr. AI Rattan, Temecula, pointed out possible City Council conflicts of interest. E. Mr. Volker Lutz, Murrieta, relayed his dismay with the delay of the Winchester Road improvement which directly affects the City in order to accommodate Newport Road. With respect to the article being referenced and the RCIP Settlement Agreement, Director of Public Works Hughes advised that Newport Road, Winchester Road, Clinton Keith Road, and Scott Road would be high priority major routes for the region; noted that Winchester Road would be a State highway which would require and thereby adding years to the process; that Winchester Road, Clinton Keith Road, and Scott Road are scheduled to be improved as a result of the County's efforts, RCIP Settlement Agreement, and the Transportation Uniform Mitigation Fee {TUMF} Program. Council Member Roberts further added that a large portion of Winchester Road would lie in the scope of the County and the City of Murrieta. F. Mr. Susan Miyamoto, Temecula, thanked the City Council for the Community Service Funding Program. G. Relaying his opinion, Mr. Steven Eldred, Temecula, stated that it would not be appropriate for the City Council to challenge speakers during their public comment period. For Mr. Eldred, Mayor Naggar advised that he contact the City Manager to address any concerns he may have with respect to Newport Road improvements. R:1Mi n utes1040808 2 H. Thanking the City for its ongoing support of the Musicians Workshop, Mr. Jon Laskin, representing the Musicians Workshop, apprised the public of the upcoming 5t" Annual Temecula Jazz Festival as well as The Big Give that will raise money to help support the Musicians Workshop and the Temecula Valley Cultural Arts Music Center on June 13t" and 14~"° 2008. I. Ms. Kathleen Hamilton, representing Save Oran Southwest Hills (SOS) Hills, encouraged the public to attend an event to Save Our Southwest Hills on Sunday, May 4t", at 1:30 p.m. at Patricia H. Birdsall Sports Park. J. Ms. Dora Few, representing Svetlana's Dance Academy, relayed her concerns with respect to the tiering system at the Old Town Temecula Community Theater. For Ms. Few, Mayor Naggar informed that a staff member will contact her to address concerns. CITY COUNCIL REPORTS A. Council Member Roberts invited the public to attend the 2"d Annual 3`d District Supervisor Jeff Stone's Race for Humanity at Mt. San Jacinto College Menifee campus on Saturday, August 26, 2008. B. Mayor Naggar invited the City's youth to attend the Youth Employment Expo at the Community Recreation Center (CRC), on Saturday, April 12, 2008 from 9:00 a.m. to 11:30 a.m.; as well advised of the upcoming State of the City event Thursday, April 17, 2008 at Pechanga Resort and Casino from 7:30 a.m. to 9:30 a.m. Remarking on the upcoming construction in Old Town with respect to the future Civic Center, Mayor Naggar requested that staff work with the owners of the Stampede, RTA, and the subcommittee of Old Town to secure a shuttle system to serve during Saturday Farmer's Market hours. 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 List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 08-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:1Mi n utes1040808 3 City Treasurer's Report as of February 29, 2008 RECOMMENDATION: 3.1 Approve and file the City Treasurer's Report as of February 29, 2008. 4 Purchase of two City Vehicles RECOMMENDATION: 4.1 Approve the purchase of the following vehicles from Rancho Ford: One (1} 2008, 2WD, 1-Tan Utility Truck = $28,367.34 One (1) 2008, 4WD, '/-Ton SUV Expedition EL = $31,866.29 5 Approve 2008 Economic Development Event Sponsorship Agreements RECOMMENDATION: 5.1 Approve the Event Sponsorship Agreement in the amount of $35,000 for the Temecula Valley Balloon & Wine Festival. In addition, the Festival requests that the City will provide temporary logistical support of traffic control signs and devices to assist with public safety during the Festival estimated at $3,076; 5.2 Approve the Event Sponsorship Agreement in the amount of $15,000 cash, and city-support costs in the amount up to $9,626 for the Temecula Valley International Jazz Festival; 5.3 Approve the Event Sponsorship Agreement in the amount of $60,000 for the Temecula Valley International Film and Music Festival. 6 Approve the Ninth Amendment to the Joint Exercise of Powers Agreement Creating the Riverside County Habitat Conservation Agency RECOMMENDATION: 6.1 Approve the Ninth Amendment to the Joint Exercise of Powers Agreement Creating the Riverside County Habitat Conservation Agency. 7 Response Letter-Liberty Quarry tat the request of Mayor Naggar) RECOMMENDATION: 7.1 Review response letter and approve for transmission. Item No. 7 was pulled for discussion; see page 6. R:1Mi n utes1040808 4 8 Approval of FY 2007-2008 Cost-Sharing Reimbursement for Regional Costs associated with the City's Municipal Stormwater Permit RECOMMENDATION: 8.1 Approve payment to the Riverside County Flood Control District in the sum of $140, 248.84 as the City's portion of the cost-sharing reimbursement pursuant to the Implementation Agreement between the Santa Margarita Watershed Permittees approved by the City Council in January 2005. 9 Geotechnical and Materials Testing Professional Service Agreement for the Old Town Infrastructure Projects, PW06-07 (Phase C & E) RECOMMENDATION: 9.1 Award an Agreement with Leighton Consulting, Inc. to provide professional geotechnical & material testing services associated with the Old Town Infrastructure Projects PW06-07 (C & E), in the amount of $50,130 and authorize the Mayor to execute the Agreement; 9.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $5,013, which is equal to 10% of the Agreement. 10 Award a Construction Contract far Citywide Concrete Repairs - FY2007-08 -Project No. PW08-01 RECOMMENDATION: 10.1 Award a construction contract for Project No. PW08-01, the Citywide Concrete Repairs FY2007-08, to International Pavement Solutions, Inc. in the amount of $82,969 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,296.90 which is equal to 10% of the contract amount. 11 Award a Construction Contract for the Slurry Seal Project FY2007-08 -Paloma del Sol area - Proiect No. PW08-02 RECOMMENDATION: 11.1 Award a construction contract for Project No. PW08-02, the Slurry Seal Project FY2007-08, Paloma del Sol area, to All American Asphalt in the amount of $361,199.88 and authorize the Mayor to execute the contract; 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $36,119.98 which is equal to 10% of the contract amount. With respect to Consent Calendar Item Nos. that in order to utilize current funds available, rather than a 10% contingency. 10 and 11, Director of Public Works Hughes noted that the City Council consider a 25% contingency R:1Mi n utes1040808 MOTION: Mayor Pra Tem Edwards moved to approve the Consent Calendar, amending Item Nos. 10 and 11 as requested by staff and pulling Item No. 7 for separate discussion. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. CONSENT CALENDAR ITEM NO. 7 CONSIDERED UNDER SEPARATE DISCUSSION 7 Response Letter-Liberty Quarry (at the request of Mayor Naggar) RECOMMENDATION: 7.2 Review response letter and approve for transmission. City Manager Nelson provided a brief staff report {as per staff report). A. Mr. Larry Pearce, Rainbow, relayed his disappointment with the letter submitted by Mr. Gary Johnson with respect to his position to the proposed Liberty Quarry and commended staff for its efforts in this matter. B. Mr. Paul Jacob, Temecula, relayed his support of SOS Hills and noted his appreciation on how the City Council has continues to keep the community involvedlapprised in the annexation process. Mayor Naggar relayed the City's intent in the General Plan to preserve the proposed annexation area{east and west boundaries of the City). MOTION: Council Member Comerchero moved to approve Consent Calendar Item No. 7. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. At 8:01 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:15 p. m., the City Council resumed with regular business. PUBLIC HEARING 16 Resolution Ordering Conditional Vacation of Portions of Ynez Road {Abbott Cardiovascular Systems, Inc., Applicant) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 08-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONDITIONALLY ORDERING THE VACATION OF PORTIONS OF YNEZ ROAD (ABBOTT CARDIOVASCULAR SYSTEMS, INC., APPLICANT) Director of Public Works Hughes provided a staff report {of record) At this time, the public hearing was opened. R:1Mi n utes1040808 6 A. Mr. Eugene Jones, representing Abbott Vascular, thanked the City for its support of the proposed project. At this time, the public hearing was closed. MOTION: Council Member Roberts moved to approve staff recommendation. Mayor Pro Tem Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. CITY COUNCIL BUSINESS 17 Higher Education Foundation Creation-California State University San Marcos tat the request of Mayor Naggar and Council Member Washington} RECOMMENDATION: 17.1 Provide the City Manager authority to execute necessary contracts associated with the formation of a Higher Education Foundation {501 c3} Assistant City Manager Adams provided a staff report {of record) A. Mr. AI Rattan, Temecula, relayed the importance of the City Council's consideration of developing partnerships with private universities to bring this project to fruition and queried on the timing of staff's proposal. Noting that although the City is entertaining a relationship with Cal State San Marcos, Assistant City Manager Adams advised that the City is aware of the importance of fostering both private universities and California State University San Marcos. Mayor Naggar relayed his enthusiasm with the formation of a higher education and San Marcos' commitment to opening a nursing and a teacher credential program; and encouraged businesses to get involved in an effort to construct a permanent foundation. MOTION: Mayor Naggar moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who was absent. CITY MANAGER REPORT With respect to public comments, City Manager Nelson noted that it would be important for staff to respond accordingly to any erroneous and inaccurate information, noting that the citizens of Temecula deserve to have the facts; that the donation of $600,000 from the Theater Foundation to the Old Town Community Theater would exemplify the community spirit in Temecula; and reiterated that if any citizen has any issue with respect to the City's operating budget, staff would be happy to address any concerns or questions. CITY ATTORNEY REPORT With respect to closed session, City Attorney Thorson advised that there was no formal action to report. R:1Mi n utes1040808 ADJOURNMENT At 8:34 p.m. the City Council meeting was formally adjourned to Tuesday, April 22, 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. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:1Mi n utes1040808 8 ITEM RI~J. 3 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 13, 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. a8- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLON-ING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $5,242,144.72. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of May, 2008. Mike Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of May, 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 04/17/2008 TOTAL CHECK RUN $ 3,209,96331 04/24/2008 TOTAL CHECK RUN 210,084.02 05/01/2008 TOTAL CHECK RUN 840,18332 04/17/2008 TOTAL PAYROLL RUN: 484,258.75 05/01/2008 TOTAL PAYROLL RUN: 497,65532 TOTAL LIST OF DEMANDS FOR 05/132008 COUNCIL MEETING: $ 5,242,144.72 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 2,339,319.18 165 RDA LOW/MOD - 20% SET ASIDE 20,969.63 190 TEMECULA COMMUNITY SERVICES DISTRICT 404,743.14 192 TCSD SERVICE LEVEL B 64,02422 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 16,906.71 194 TCSD SERVICE LEVEL D 1,801.41 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 12,079.58 197 TEMECULA LIBRARY FUND 6,746.68 210 CAPITAL IMPROVEMENT PROJECTS FUND 951,390.48 280 REDEVELOPMENT AGENCY -CIP PROJECT 16,452.61 300 INSURANCE FUND 8,621.18 320 INFORMATION SYSTEMS 115,46432 330 SUPPORT SERVICES 6,221.42 340 FACILITIES 15,437.00 475 CFD033 WOLF CREEK DEBT SERVICE FUND 250,000.00 477 CFD- RORIPAUGH 30,053.09 001 GENERAL FUND $ 646,116.68 165 RDA LOW/MOD - 20% SET ASIDE 11,431.82 190 TEMECULA COMMUNITY SERVICES DISTRICT 220,084.96 192 TCSD SERVICE LEVEL B 250.17 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 10,769.65 194 TCSD SERVICE LEVEL D 1,74726 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,198.69 197 TEMECULA LIBRARY FUND 759.52 280 REDEVELOPMENT AGENCY -CIP PROJECT 4,932.43 300 INSURANCE FUND 2,60432 320 INFORMATION SYSTEMS 57,268.07 330 SUPPORT SERVICES 8,114.18 340 FACILITIES 16,63632 $ 4,260,230.65 981,914.07 TOTAL BY FUND: $ 5,242,144.72 apChkLst 04!1712008 5:00:14PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1041 04/17/2008 OD0444 INSTATAX (EDD) State Disability Ins Payment 22,196.63 22,196.63 1042 04/1712008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 89,243.12 89,243.12 1043 04/1712008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,740.13 20,740.13 SOLUTION 1044 04/17!2008 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 124,387.64 124,387.64 RETI REM ENT) 1045 04/17!2008 000389 NATIONWIDE RETIREMENT OBRA-Project Retirement Payment 3,444.10 3,444.10 SOLUTION 1046 04117!2008 000166 FIRST AMERICAN TITLE Butterfield Stage Imprvs:apn xx-017 1,205,968.00 1,205,968.00 COMPANY 1047 04/1712008 007701 WOLF CREEK DEVELOPMENT, adv:acquisition reimbursement 250,000.00 25D,OOO.D0 LLG 123424 04/17!2008 008552 ADKINS DESIGN CONSULTING Margraphic design svcs: Theater 1,352.16 1,352.16 123425 04117!2008 006915 ALLIE'S PARTY EQUIPMENT equip rental: Bluegrass Festival 266.86 266.86 123426 04/17/2008 OD0936 AMERICAN RED CROSS mist supplies: Aquatics pgrm 1,930.OD 1,930.OD 123427 04/17!2008 OD0101 APPLE ON E INC Temp help ppe 3/29 Morrison, D 600.80 600.80 123428 04/1712008 002648 AUTO CLUB OF SOUTHERN Membership: 88550918 Buran, B 47.00 CALIF Membership: 72238014 Payne, C 47.00 Membership: 88552294 Kanigowski 47.00 Membership: 088551767 Adkisson 47.00 188.00 123429 04/17!2008 OD1054 CALIF BUILDING OFFICIALS training publications: B&S 529.35 529.35 123430 04/17/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.OD 123431 04/17!2008 OD9640 CERTIFION CORPORATION Mar Investigative dbase svcs:PD 221.60 221.60 123432 04/17!2008 003997 COAST RECREATION INC sign replacement:Vail Ranch park 168.01 168.01 Page:1 apChkLst Final Check List 04!17!2008 5:00:14PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 123433 04/17!2008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 123434 04117!2008 006303 CONDUIT NETWORKS, ING HP LCD flat panel monitors: IS network svcs: Library network svcs: City Hall 123435 04/1712008 003272 DAISY WHEEL RIBBON Plotter Ink Supplies: Library COMPANY ING 123436 04117!2008 003945 DIAMOND ENVIRONMENTAL grease interceptor maint: MPSG SRVCS grease interceptor maint: CRC grease interceptor maint: TCC 123437 04/17!2008 008230 DOUGLAS E BARNHART ING Comp Close Out Sttlmt:pbsp PVV01-17CSD 123438 04/17!2008 008704 EDWARDS, MARYANN 123439 04/17!2008 003665 EXCEL COMMERCIAL 123440 04117!2008 009953 FEDERAL CLEANING CONTRACTORS 123441 04/17!2008 003747 FINE ARTS NETWORK reimb:NLCC conf 318-12 Wash DC March long distance phone svcs Mar cleaning svcs:PD Mall Stfront sttlmt: Godspell 3124,3!30, 4146 Amount Paid 136.00 6,368.69 100.00 200.00 2,338.35 282.90 184.50 282.90 520,944.73 545.19 106.36 410.00 7,096.94 Page: 2 Check Total 136.00 6,668.69 2,338.35 750.30 520,944.73 545.19 106.36 410.00 7,096.94 Paget apChkLst Final Check List Page: 3 0411712008 5:00:14PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 123442 04/17/2008 003347 FIRST BANKCARD CENTER FRONT STREET BAR & GRILL AA rfrshmnts:CSUSM mtg AAtGWlMP 57.59 NORTHWEST AIRLINES/KLM AA airFare:G.Patterson Vcorburg 1,046.66 DEJA VU TRAVEL INC AA travel agency fee:Voorburg GP 35.00 FRONT STREET BAR & GRILL AA mbrshp: Baily's Town Club 150.DD PARK N FLY ME parking NLCC Cf:318-12 Edwards 47.50 JURYS WASHINGTON HOTEL ME meaI:NLCC Conf:318-12 Edwards 37.D8 JURYS WASHINGTON HOTEL ME HtI:NLCC Conf:3/8-12 Edwards 874.80 SWEET LUMPY BBQ LLC SJ rFrsmts Closed Council session 3111 175.72 SWEET LUMPY BBQ LLC SJ delivery fee closed council mtg 20.00 CITY CLERKS ASSN OF CALIF SJ AdvAcademy conf: Ballreich 175.00 ZOOLOGICAL SOCIETY SJ Teambuilding excursion 4129 1,215.00 BEST BUY COMPANY INC AA (3) Nano iPods Tem Yth Expo 646.47 PAYPAL AA Webinar ADY Intl: AAlGW 150.00 FCC CONFERENCECALLSVC RJ Conference calls: Waterpark 9.92 CALIF BAGEL BAKERY & DELI JM rFrshmnts:Chapman Univ mtg 13.99 CAFE DANIEL JM rFrshmnts:Old Twn wkg mtg 2128 45.00 CAFE DANIEL JM rFrshmnts:Old Twn wkg mtg 3120 45.00 CHEVRON U S A INC JM city vehicle fuel Twn Sqr Trip 40.00 ENTERPRISE RENT A CAR INC JM car rental:Twn Sq RFI trip 3/27 195.61 FCG CONFERENGECALLSVC RJ Conference calls: M Benz 9.92 FCG CONFERENGECALLSVC RJ Conference calls: M Benz 18.72 VALLEE D' BRUME RJ staff budget wkg lunch offsite 265.09 FCG CONFERENGECALLSVC RJ Conference calls: Waterpark 7.68 FCC CONFERENCECALLSVC RJ Conference calls: M Benz 27.68 GEEKS.COM RJ (4) 1G6 USB memory cards 51.18 FRED PRYOR SEMINARS- RJ Reception Seminar Caravelli 103.00 CAREERTRAC CALIF REDEVELOPMENTASSN RJ'08 Rda Ins Regist:Papp, E 990.00 CALIF REDEVELOPMENTASSN RJ'08 Rda Ins Regist:Richardson,P 990.00 FCC CONFERENCECALLSVC RJ Conference calls: Waterpark 6.88 Check Total Page:3 apChkLst 04!17!2008 5:00:14PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total FCC CONFERENCECALLSVC RJ Conference calls: M Benz 22.08 7,472.57 123443 04/17!2008 011921 FIRST GLASS CONFERENCES regist:NPDES wksp 4122 JA,JP,RJ 90.00 90.00 123444 04/17/2008 003281 FOREMOST PROMOTIONS Safety Promo Items: Police 1,886.30 1,886.30 123445 04/1712008 001989 FOX NETWORK SYSTEMS INC Adobe Suite 3 mstr clltn: Library 2,704.62 Pentax Scanner: Library 377.13 3,081.75 123446 04/17/2008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 123447 04/17!2008 007866 G C S SUPPLIES INC printer toner/cartridges: Info Sys 168.50 168.50 123448 04/17!2008 011912 GARRETSON, MICHELE shirt printing:Sister Cities Voorburg 883.67 883.67 123449 04/1712008 000177 GLENNIES OFFICE PRODUCTS Office Supplies: TCSD/PW 1,398.80 1,398.80 INC 123450 04/17/2008 000186 HANKS HARDWARE INC Office Supplies: PW Old Town 24.49 24.49 123451 04/17!2008 004188 HARRIS & ASSOCIATES Feb cnslt svcs: pavement rehab 15,660.00 15,660.00 123452 04/1712008 001013 HINDERLITER DE LLAMAS & 1st qtr sales tax consult svcs: Finance 2,712.39 2,712.39 ASSOC 123453 04/17!2008 010879 HINMAN & CARMICHAEL LLP Mar ABC License Svc: Theater 170.00 170.00 123454 04/1712008 005748 HODSON, CHERYL A. Support Payment 13.28 13.28 123455 04/17!2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,571.11 11,571.11 303355 123456 04/1712008 010119 IRS - OIC Sup Pmt Offer# 1000497587 452379267 140.11 140.11 123457 04/17/2008 DD0820 K R W & ASSOCIATES Jan-Mar eng plan ck svcs: PW 3,905.D0 3,905.00 123458 04/17/2008 010120 L G C INLAND INC Feb geotech svcs:fiber optic prj 5,408.75 5,408.75 123459 04/17!2008 001085 L N CURTIS & SONS Fire rescue equip: Stn 73 58.72 58.72 Page:4 apChkLst Final Check List Page: 5 04!17!2008 5:00:1 4PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123460 04/17!2008 011014 LECOMTE, KATIE reimb:Ovrview Muni Traff Eng course 295.00 295.00 123461 04/17/2008 009285 LEISURE MORE CORP sanitary pet waste bags: parks 621.45 621.45 123462 04117!2008 009617 LOTUS MUSIC PRODUCTIONS, sttlmt: David Pack perFormance 4/11 3,988.11 3,988.11 INC. 123463 04/17/2008 003782 MAIN STREET SIGNS street signs:pw maint div 218.19 218.19 123464 04/17!2008 004141 MAINTEX INC custodial supplies:Old Town 76.39 custodial supplies:Old Town 397.72 474.11 123465 04/17!2008 000217 MARGARITA OFFICIALS ASSN Mar officiating srvcs:TCSD Sports Prgm 3,900.00 3,900.00 123466 04/17/2008 010819 MARGULIES CONSULTING water slide inspection:crc pool 1,500.00 1,500.00 ENGINEERS 123467 04/17/2008 009541 MEYER AND ASSOCIATES Nov dsgn srvcs:TCG expansion 3,431.00 Jan dsgn srvcs:TCC expansion 8,969.50 12,400.50 123468 04/17/2008 007210 MIDORI GARDENS Mar Ldscp Srvcs:City Parks 72,326.86 72,326.86 123469 04/1712008 011440 MILLMORE'S WAX CREW City vehicles detailing svcs:PW Depts 125.D0 City vehicles detailing svcs:PW Depts 100.00 225.00 123470 04117!2008 001214 MORNINGSTAR PRODUCTIONS, Audio srvcs:every 15 min pgrm 4,647.79 4,647.79 LLG 123471 04/17!2008 000230 MUNIFINANCIAL printlprocess ntclballots:Srvc Lv1 C 15,069.56 Service Level C Election Services 2,151.62 17,221.18 123472 04117!2008 010504 NEXTEL COMMUNICATIONS Feb 26- Mar 25 cellular usagelequip 1,549.15 1,549.15 123473 04/17!2008 002037 NEXUS INTEGRATION SERVICES Repair Sound System:Old Town 8,433.51 8,433.51 123474 04/17/2008 008528 NICHOLS, MELBURG & ROSETTO Feb eng srvcs:civic center ph II 203,569.75 203,569.75 123475 04/17/2008 009337 NOLTE ASSOCIATES INC 2115-3113 eng dsgn srvcs:ped bridge 989.33 989.33 Pagea apChkLst Final Check List Page: 6 04!17!2008 5:00:1 4PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123476 04/17!2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Maint 104.63 City Vehicle Maint Svcs:PW Maint 189.89 City Vehicle Maint Svcs:PW Maint 702.94 City Vehicle Maint Svcs:PW NPDES 36.27 City Vehicle Maint Svcs:PW CIP 36.27 1,070.00 123477 04/17/2008 001619 ORANGE COUNTY REGISTER INC Mar recruitment ads:human resources 1,323.60 1,323.60 123478 04/17!2008 001171 ORIENTAL TRADING COMPANY ArtlCraft Supplies: Summer Concert 595.90 INC mist supplies:C. Museum 42.7D supplies for Summer Concert Series 74.75 713.35 123479 04!1712008 005456 OTT, WENDELL reimb: summer camp supplies 78.61 78.61 123480 04/17!2008 004088 PALA MESA RESORT Executive staff training 2/21-22/08 4,352.08 4,352.08 123481 04/17!2008 000359 PARKER, HERMAN reimb:CPRS conf 4/5-9 Scottsdale 319.53 319.53 123482 04/1712008 011918 PERFECTING MINISTRIES Council Community Service Funding 1,000.00 1,000.00 123483 04/17/2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 123484 04/17!2008 000249 PETTY CASH Petty Cash Reimbursement 921.63 921.63 123485 04/17/2008 011660 PLANNET CONSULTING MarCnslt Srvc:Cvc Cntr Mstr Pln 1stAmd 19,156.80 Mar Consult Srvcs:Civic Cntr Mstr Pln 21,757.61 40,914.41 123486 04/17/2008 D10338 POOL & ELECTRICAL PRODUCTS Var pool chemicals:aquatics pgrm 40.45 40.45 INC 123487 04/17!2008 002354 POSITIVE PROMOTIONS INC Misc supplies for F.I.T. program 162.40 162.40 123488 04/1712008 000253 POSTMASTER Express Mail & Postal Svcs 42.80 42.80 123489 04/17!2008 000254 PRESS ENTERPRISE COMPANY annual subscr:City Clerk 1633708 144.56 144.56 INC 123490 04/1712008 004529 QUAID TEMECULA RAREFY- Mar motorcycle repair & maint:Police 3,816.19 DAV I DSON Feb motorcycle repair & maint:Police 86.70 3,902.89 Page6 apChkLst Final Check List Page: 7 04!17!2008 5:00:1 4PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123491 04/17!2008 000728 RAMSEY BACKFLOW & backflow test/repair:medians & parks 88.00 PLUMBING backflow testing:gallery portraits 22.00 backflow testing:city hall 44.00 154.00 123492 04/1712008 002072 RANCHO CALIF WATER DIST- add'I dpstlreclaimed water mtr:Diaz Rd 631.27 631.27 FEES 123493 04/17/2008 000262 RANCHO CALIF WATER DISTRICT Mar Various TCSD Water Meters 417.79 417.79 123494 04/17/2008 002654 RANCHO FORD LINCOLN Gity vehicle maint & repair- Stn 84 40.48 40.48 M ERGU RY 123495 04/17/2008 DD0271 RBF CONSULTING Feb consulting srvcs:sr79 corridor 2,429.20 2,429.20 123496 04/17!2008 003742 REHAB FINANCIAL Mar RDA loan servicer 16.00 16.00 CORPORATION 123497 04/1712008 003591 RENES COMMERCIAL weed control:City's major arterials 6,750.00 MANAGEMENT debris clean up/weed abate:City r.o.w.'s 5,000.00 11,750.00 123498 04/1712008 004498 REPUBLIC INTELLIGENT Feb traffic sgnl call outs:PW Traffic 968.00 Feb Street Light MaintlRepairs:PWTraff 810.40 1,778.40 123499 04/17!2008 002412 RICHARDS WATSON & GERSHON Feb 20081egal services 101,575.16 101,575.16 123500 04/17!2008 000352 RIVERSIDE CO ASSESSOR Mar assessor maps:B&S dept 12.00 12.00 123501 04/1712008 000411 RIVERSIDE CO FLOOD CONTROL cost-share reimb:S.Marg.watershed 140,248.84 140,248.84 123502 04117!2008 000406 RIVERSIDE CO SHERIFFS DEPT Spring Rod Run patrol srvcs 317-8108 19,383.40 19,383.40 123503 04/1712008 011101 RIVERSIDE LAND Mar Consulting Srvcs:Open Space 1,717.21 1,717.21 CONSERVANCY 123504 04/17/2008 003544 ROBERT SHEA PERDUE REAL Appraisal srvcs:diaz & bus park dr 8,600.OD 8,600.00 ESTATE 123505 04/17/2008 000873 ROBERTS, RONALD H. reimb: SCAG mtg 412108 26.00 26.00 123506 04/17/2008 001500 SAN DIEGO REGIONAL TRAIN sprvsr's acd:K.B.lP.R. 1122-2/20 & 5120 1,400.00 1,400.00 CTR Page:? apChkLst Final Check List Page: 8 04!17!2008 5:00:1 4PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123507 04/17!2008 000278 SAN DIEGO UNION TRIBUNE Mar recruitment ads:human resources 2,349.98 2,349.98 123508 04/17/2008 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 123509 04117!2008 010089 SECURITAS SECURITYSRVCS 3128-413108 security svcs:Stn 95 1,381.03 USA Mar security srvcs:Harveston Lake 2,170.00 3,551.03 123510 04117!2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File # 2007052618 100.00 100.00 123511 04/17/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 4!10/08 168.00 168.00 123512 04/17!2008 000645 SMART & FINAL INC misc. supplies:carnival Tun day 189.41 recreation supplies: fam 10.36 recreation supplies: fam 330.10 Misc. supplies:familyfuH Hite pgrm 93.42 623.29 123513 04/17/2008 OD0537 SO CALIF EDISON Apr 2-28-397-1315 Redhawk Pkwy 15.06 Apr 2-26-887-0789 various mtrs 1,032.99 Apr 2-10-331-2153 TCC 625.44 Apr 2-01-202-7330 various st lights 63,768.00 Mar 2-29-657-2563 various mtrs 110.06 Mar 2-00-397-5059 various mtrs 14,734.85 Apr 2-28-171-2620 PD Mall Stn 412.41 Apr 2-01-202-7603 arterial st lights 23,431.47 104,130.28 123514 04/17/2008 DD0519 SOUTH COUNTY PEST CONTROL pest control srvcs:Kent park 84.00 INC pest control srvcs:code enforce 3120 84.00 Apr pest control services: fs 73 48.00 Apr pest control services: fs 92 42.00 258.OD 123515 04117!2008 011341 STEARNS, CONRAD & SCHMIDT credit:amount exceeds agreement -3,323.46 Aug consultant srvcs: EIR hospital prjt 19,202.96 15,879.50 123516 04117!2008 006145 STENO SOLUTIONS Mar transcription services: Police 1,395.36 1,395.36 TRANSCRIPTION 123517 04/17!2008 011916 STRIBLING, JEFFREY reimb:Fire Srvc Training Ceurse 215-7/OB 135.00 135.00 123518 04/17!2008 003840 STRONGS PAINTING preplpaint Erle Stanley Gardner atds 450.00 450.00 123519 04/17/2008 DD0305 TARGET BANK BUS CARD SRVCS recreation supplies: c. museum 25.72 misc supplies:mpsc swing event 115.39 141.11 Page:B apChkLst Final Check List Page: 9 04!17!2008 5:00:1 4PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123520 04/17!2008 009500 TEMEC ELECTRONICS, INC Mar misc tools & equip:PW Traf/IS 186.77 186.77 123521 04/17/2008 010679 TEMECULA AUTO City veh repair & maint:fire prevention 507.57 507.57 REPAIRIRADIATOR 123522 04/17/2008 003677 TEMECULA MOTORSPORTS LLC City motorcycle repair & maint:Police 71.54 71.54 123523 04/17/2008 011736 TEMECULA TROPHY INC nameplates:M.EdwardslG.Washington 17.24 17.24 123524 04/17/2008 004190 TEMECULA VALLEY FILM FY 07!08 Sponsorship 60,000.00 60,000.00 FESTIVAL 123525 04/17/2008 000919 TEMECULA VALLEY UNIFIED Jan-Mar City vehicles fuel usage 2,057.86 2,057.86 SCHOOL 123526 04/17!2008 010276 TIME WARNER CABLE Apr high speed internet Ovrlnd Trail 44.95 Apr high speed internet City Hall 183.38 228.33 123527 04/17!2008 000668 TIMMY D PRODUCTIONS INC DJ srvcs:middle school dance 4/18 450.00 450.00 123528 04/1712008 004308 TOWNE & COUNTRY AUTO & Auto towing service:Palice 330.00 330.00 TOWING 123529 04/17!2008 010347 TRIPLE THREAT ACADEMY TCSD Instructor Earnings 1,050.00 1,050.00 123530 04/17/2008 008517 UNITED SITE SERVICES OF 3127-4123/08 fence rental:Main St Bridge 26.40 26.40 CA,INC 123531 04/17/2008 OD0325 UNITED WAY United Way Charities Payment 69.00 69.OD 123532 04/17/2008 004261 VERIZON Apr xxx-1941 PTA CD TTACSD 68.17 Apr xxx-5072 General usage 4,814.75 Apr xxx-2372 Wlf Crk Irrg Cntrl 33.73 Aprxxx-39101st St Irrigation 36.92 Apr xxx-0682 Civic Center Camera 126.53 Apr xxx-6812 General usage 88.27 Apr xxx-7562 Irrigation controller 36.00 5,204.37 123533 04/1712008 004848 VERIZON SELECT SERVICES INC Apr Ieng distance phone secs 12.66 Apr Ieng distance phone svcs 640.79 653.45 123534 04/1712008 009101 VISIONONEINC MarShoWaresoftware:Theater 1,430.80 1,430.80 Page9 apChkLst Final Check List Page: 10 0411712008 5:00:14PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 123535 04/1712008 011915 WARD, JOHN ROBERT (Continued) Description reimb:Class A License Fee Amount Paid 64.00 Check Total 64.00 123536 04/1712008 003730 WEST COAST ARBORISTS INC 311 6-3 110 8 tree trimming srvcs:Citywide 15,540.DD 15,540.00 Grand total for UNION BANK OF CALIFORNIA: 3,209,963.31 Page:10 apChkLst Final Check List Page: 11 0411712008 5:00:14PM CITY OF TEMECIJLA 120 checks in this report. Grand Total All Checks: 3,209,963.31 Page:11 apChkLst 04124/20D8 9:56:d6AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 123537 04/24/2008 OD0733 ABBEY PARTY RENTS Equip Rental: Youth Emp Fair 840.20 840.2D 123538 04/24/2008 005068 ADKISSON, CAN DICE reimb:supplies event 5/10 87.55 87.55 123539 04124!2008 008698 ADVANCED APPLIED Mar eng design:79S park & ride 27,910.00 27,910.00 ENGINEERING 123540 04/24!2008 0001 D1 APPLE ON E INC temp help ppe 415 Morrison, D 600.80 600.80 123541 04/24!2008 003203 ARTISTIC EMBROIDERY shirt embroidery: Fire dept 174.56 50% deposit promo items: Eton Dev 1,070.77 1,245.33 123542 04/24!2008 002648 AUTO CLUB OF SOUTHERN Membership: 91559327 ZS 47.00 CALIF Membership: 88552252 SS 47.00 Membership: 088552195 MW 47.00 Membership: 88552336 BW 47.D0 Membership: 088552229 KH 47.00 235.00 123543 04/24!2008 004205 BALLET FOLKLORICO TCSD Instructor Earnings 157.50 TCSD Instructor Earnings 192.50 TCSD Instructor Earnings 175.00 525.00 123544 04/24/2008 009473 BARNARD LTD mist supplies:Children's Museum 149.50 149.50 123545 04/24!2008 010806 BARNEYSTIRE AND WHEEL vehicle repairlmaint: Fire Prev 469.23 469.23 123546 04/24!2008 005716 BIRTH CHOICE OF TEMECULA refund: security dep RRSP 4113 150.00 150.00 INC 123547 04/24!2008 003138 CAL MAT PW patch truck materials 235.07 PW patch truck materials 466.43 PiV patch truck materials 194.32 895.82 123548 04/24/2008 004248 CALIF DEPT OFJUSTICE- DUI & drug analysis: Police 35.00 35.OD AGCTING 123549 04/24!2008 001267 CALIF DEPT OF MOTOR Title name change: 4JG9938 17.00 17.00 VEHICLES 123550 04/24/2008 007185 CALIF STATE UNIVERSITY PD Trffc Svc Conf 4127-30 TMIRH 500.OD 500.00 123551 D412412008 009815 CARD QUEST INC ID Card Ribbon YMCKOK2 Ribbon (63R) 1,725.06 1,725.06 Page:1 apChkLst 04/24/2008 9:56:46AM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123552 04/24!2008 009539 CHARLES ABBOTT ASSOCIATES Feb plan check secs: Fire Prev 1,166.75 1,166.75 INC 123553 04/24/2008 000137 CHEVRON U SA INC City vehicles fuel: Police 1,908.15 1,908.15 123554 04/24/2008 004609 CINTAS DOCUMENT dot shredding svcs: Citywide 177.50 MANAGEMENT 4!4 dac shredding svc: Library 32.50 210.00 123555 04/24/2008 005417 CINTAS FIRST AID & SAFETY First aid supplies: PW Maint 145.77 145.77 123556 04/24/2008 009791 CLARK, MISTY reimb: Park Ranger uniform pants 161.57 161.57 123557 04/24!2008 000447 COMTRONIX OF HEMET radio repairs: Stn 84 1,264.99 vehicle equip:Code Enforcement 9,896.06 11,161.05 123558 04/24!2008 006303 CONDUIT NETWORKS, INC Phone sys upgrade: City Hall 3,389.28 3,389.28 123559 04/24/2008 003272 DAISY WHEEL RIBBON Plotter Supplies: Library 408.37 COMPANY INC mist plotter supplies: GIS 4,182.14 4,590.51 123560 04124!2008 011933 DECLARATION OF TRUST, THE refund: permit PA08-0058 303.25 303.25 123561 04/24/2008 011620 DEL SOLE PERFORMING ARTS Entertainment: Theater 4126 4,500.OD 4,500.00 O RG. 123562 04/24/2008 004417 DISCOUNT SCHOOL SUPPLY mist supplies: Children's Museum 105.50 105.50 123563 04/24/2008 000523 EASTERN MUNICIPAL WATER 95366-02 Diego Dr Ldscp 112.55 112.55 DIST 123564 04/24/2008 005184 ESTRADA, HORTENCIA Refund: Security Dep CRC 4112 400.00 400.00 123565 04124!2008 000206 FEDEX KINKOS INC mist supplies: Central Svcs 51.28 51.28 123566 04124!2008 003747 FINE ARTS NETWORK sttlmt: Cosi Fan Tutte 4112-13 832.30 832.30 123567 04124!2008 007871 FIORENZA, KAREN Refund: "The Shunning" 12.99 12.99 Paget apChkLst 04124!2008 9:56:46AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123568 04/24/2008 003347 FIRST BANKCARD CENTER PALA MESA RESORT MH credit:chgd twice refreshments -3.50 PALA MESA RESORT MH credit:chgd twice refreshments -3.50 SPRINT MH cell phone horizontal pouch 32.31 PALA MESA RESORT MH refreshments: conference 3122 3.50 NAT'L ASSOC OF MH environmental cnf San Diego 3128 245.00 ENVIRONMENTAL SUPERSHUTTLE MH shuttle service Conf Sacramento 26.00 SOUTHWEST AIRLINES TT Airfare:NAB Conf:4/15 CB 138.50 SOUTHWEST AIRLINES TT Airfare:NAB Conf:4/15 JH 138.50 IMPERIAL PALACE HOTEL & TT htl: NAB Conf 4115 Vegas CB 108.95 CASINO IMPERIAL PALACE HOTEL & TT htl NAB Conf 4115 Vegas JH 108.95 CASINO IMPERIAL PALACE HOTEL & TT credit: htl NAB Conf 4115 CB -108.95 CASINO IMPERIAL PALACE HOTEL & TT credit:htl NAB Conf 4115 JH -108.95 CASINO ZOOMERANG TT Web page desgnr subs secs 350.00 PAYPAL TT Verisign Payflaw Pro Transaction 76.30 PAYPAL TT refund: video State of City -8.03 GOOGLE INC. TT Developer Cnf SF 5/28-29 JH 300.OD 1,295.08 123569 04124!2008 011928 FOX, ANDREW Refund: "I Love Mommy" 8.99 8.99 123570 04/24/2008 011865 FREESTYLE PHOTOGRAPHIC mist supplies:high hopes art fair 160.97 160.97 SUPPLIE 123571 04/24/2008 011927 GAHAN, KRISTY refund: Kids Fitness #1455.102 64.00 64.00 123572 04/24!2008 005405 GILLILAND,ROBIN reimb:ScienceScrtscfAnaheim 1,701.00 1,701.00 123573 04/24!2008 000177 GLENNIES OFFICE PRODUCTS Office Supplies: RDA 177.95 177.95 INC 123574 04124!2008 011883 GOOGLE INC. 'OS Google Earth Pro License 1,600.00 1,600.00 123575 04/24!2008 000186 HANKS HARDWARE INC Hardware supplies: TCSD 1,649.39 1,649.39 Page:3 apChkLst Final Check List Page: 4 04124(2D08 9:56:4 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123576 04/24!2008 001135 HEALTHPOINTE MEDICAL Emp Industrial Care Svcs: Hr 25.00 GROUPING Emp Industrial Care Svcs: Hr 190.00 215.00 123577 04124!2008 002126 HILLYARD FLOOR CARE SUPPLY Floor care supplies: CRC 124.35 124.35 123578 D4/2 412 0 0 8 D01517 HORIZON HEALTH Apr Employee Assist Pgrm: HR 884.40 884.40 123579 04/24/2008 OD4838 HUNTINGTON LIBRARY, THE Huntington library excursion 5124 700.00 700.00 123580 04/24/2008 OD7767 I C COMPOUND COMPANY asphalt releasing agent:PW Maint 1,429.89 1,429.89 123581 04/24!2008 011725 I GOT HIT LLC Crash data retrieval equip: PD 4,742.00 4,742.00 123582 04124!2008 001123 INDUSTRIAL DISTRIBUTION mist supplies: PW Maint 192.85 192.85 GROUP 123583 04124!2008 006914 INNOVATIVE DOCUMENT Mar copier maintlusage: Library 622.84 SOLUTIONS fax supplies: Citywide 538.75 1,161.59 123584 04/24!2008 003296 INTL CODE COUNCIL training guides: Fire Prev 222.58 222.58 123585 04124!2008 OD3266 IRON MOUNTAIN OFFSITE Mar retards storage:lnfo Sys 469.28 469.28 123586 D4/2 412 0 0 8 OD1186 IRWIN, JOHN TCSD instructor earnings 200.90 200.9D 123587 04/24/2008 010428 IT'S A DOGS WORLD K 9 TCSD Instructor Earnings 1,050.00 1,050.OD ACADEMY 123588 D4/2412008 011929 JIM COOK PLUMBING Refund: Security Dep TCG 4/5 150.00 150.OD 123589 04/24!2008 003860 JOE'S SHEET METAL II sheet metal supplies: Stn 84 286.62 286.62 123590 04124!2008 007671 JONES, MARYLYN TCSD instructor earnings 294.00 294.00 123591 04/24/2008 OD1091 KEYSER MARSTON ASSOCIATES Marcnslt svcs:Real Estate RDA 1,912.50 INC Marcnslt sues: RDA housing 390.00 2,302.50 Page:4 apChkLst 04124/2!708 9:56:46AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123592 04/24/2008 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 344.40 TCSD instructor earnings 287.00 TCSD instructor earnings 200.90 TCSD instructor earnings 258.30 TCSD instructor earnings 229.60 TCSD instructor earnings 344.40 TCSD instructor earnings 344.40 TCSD instructor earnings 258.30 TCSD instructor earnings 487.90 2,755.20 123593 04/24/2008 004481 KIMLEY HORN & ASSOCIATES Feb cnslt svcs:Murrieta Creek Trail 1,635.45 INC Feb design svcs:Murrieta Trail 4,861.20 6,496.65 123594 04/24/2008 011930 KING, JULIE Refund: Ballroom Dance 70.00 70.00 123595 04/24/2008 001085 L N CURTIS & SONS Fire rescue equip: Stn 84 208.20 208.20 123596 04/24!2008 006744 LAMAR CORPORATION, THE Apr Billboard Svcs: RDA 3,380.00 3,380.00 123597 04124!2008 011792 LARA, NICHOLAS Reimb:Fire Prev 1C 3131-414 S.Ana 75.53 75.53 123598 04/24/2008 003726 LIFE ASSIST INC credit: medical supplies -538.74 Medical Supplies: Paramedics 30.03 Medical Supplies: Paramedics 1,672.63 1,163.92 123599 04/24/2008 002933 LINSCOTT LAW & GREENSPAN Feb EIR eng sues: Planning 3,156.00 3,156.00 123600 04124!2008 011935 LOUISE, LYNETTE L. sttlmt: Thing to Thing 4112 766.30 766.30 123601 04/24!2008 003782 MAIN STREET SIGNS Street signs:pw maint div 1,998.76 1,998.76 123602 04/24/2008 001967 MANPOWER TEMPORARY temp help ppe 04113 MSIAP 500.64 SERVICES temp help w1e 04106 JDIDD/KG/MKIAP 491.70 credit:billing adjustmentlCentral Srvcs -17.88 974.46 123603 04/24/2008 001256 MARRIOTT HOTEL htl:ots sem:4127-30 t.mohr 86661156 380.88 380.88 123604 04124!2008 001256 MARRIOTT HOTEL htl:ots sem:4/27-30 r.hernandez 86659189 380.88 380.88 123605 04/24!2008 011920 MASTER CONCEPTS LLC TCSD Instructor Earnings 1,071.00 TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 945.00 2,520.00 Pagea apChkLst Final Check List Page: 6 04/24/2008 9:56:4 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123606 04124!2008 005114 MCCARTHY, CATHY Reimb:CPRS conf 2/25-3/1 L.Bch 975.85 975.85 123607 04/24/2008 011932 MCMAHON, PHOEBE refund:'The Poisonwaod Bible" 14.95 14.95 123608 04124!2008 007669 MILES, KATRINA TCSD Instructor Earnings 378.00 TCSD Instructor Earnings 392.00 770.00 123609 04/24!2008 001384 MINUTEMAN PRESS business cards:M. Brooks 64.87 64.87 123610 04124!2008 001892 MOBILE MODULAR 4!3512!08 Modular Bldg Rental:T.C.C. 832.40 832.40 123611 04/24!2008 002925 NAPA AUTO PARTS Misc auto parts & supplies:fire stn 84 64.64 64.64 123612 04/24/2008 000727 NATIONAL FIRE PROTECTION web-based format subscr:Fire Prev 715.00 715.00 ASSN 123613 04/24/2008 008820 NEIGHBORS NEWSPAPER Apr advertising for Western Days '08 250.00 250.00 123614 04/24/2008 010244 NO LIMITS SILK SCREEN Lifeguard uniforms:aquatics pgrm 1,953.75 1,953.75 123615 04/24/2008 002139 NORTH COUNTY TIM ES annual subscr:tcsd1199638 114.00 Mar public ntc ads:City ClerklPW/Pln 1,234.32 1,348.32 123616 04/24!2008 009570 O C B REPROGRAPHICS Mar dup blueprints:var.Cityprojeas 6,380.86 6,380.86 123617 04/24!2008 002100 OBJECT RADIANCE INC TCSD Instructor Earnings 166.60 166.60 123618 04/24/2008 003964 OFFICE DEPOT BUSINESS SVS Cntrl Svcs office supplies 66.89 DIV Police Office Supplies 625.50 Police Office Supplies 151.79 Misc Office Supplies: Tcsd 58.61 902.79 123619 04/24!2008 006721 OFFICEMAX INCORPORATED misc. office supplies:finance 341.77 misc. office supplies:finance 21.54 printer toner: police traffic div 44.88 408.19 Pagefi apChkLst 04/24/2008 9:56:46AM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123620 04124!2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW CIP 36.27 City Vehicle Maint Svcs:TCSD 318.37 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 36.27 City Vehicle Maint Svcs:TCSD 378.75 City Vehicle Maint Svcs:TCSD 147.38 City Vehicle Maint Svcs:Code Enf 41.17 1,030.75 123621 04/24/2008 010671 PASCO, TANYA reimb:Roll Surveillance cf 3/23-28 931.56 931.56 123622 04/24/2008 002099 PASCOE MANAGEMENT LLP Apr restroom rental:old town 826.OD 826.00 123623 04/24/2008 002652 PAT & OSCARS RESTAURANT refreshments:Parent Prjt BanquetlPolice 228.35 228.35 123624 04/24!2008 000249 PETTY CASH Petty Cash Reimbursement 335.76 335.76 123625 04/24!2008 010995 POLLOCK, TROY Reimb:Fire Prev 1C 3/31-414 S.Ana 57.43 57.43 123626 04124!2008 000254 PRESS ENTERPRISE COMPANY Mar display ads:TCSD/RDA events 1,824.74 1,824.74 INC 123627 04/24!2008 006613 PROJECT MANAGEMENT renew membership: Amer Attar/96555 119.00 119.00 INSTITUTE 123628 04/24!2008 005075 PRUDENTIAL OVERALL SUPPLY Mar uniforms/flr mtsftwl rentals:City 1,656.12 credit:billing adjustmentlFOC -8.80 1,647.32 123629 04/24!2008 011706 QUINN, AMY TCSD Instructor Earnings 98.00 98.00 123630 04/24/2008 DD0728 RAMSEY BACKFLOW & Backflow testing:crowne hill s-20 44.00 PLUMBING Backflow testing:library 22.00 Backflow testing:tcc 44.00 110.00 123631 04/24/2008 000262 RANCHO CALIF WATER DISTRIC T Varicus Water Meters 7,299.34 Various Water Meters 191.42 Various RDA Water Meters 6.52 Various Water Meters 392.89 7,890.17 123632 04/24/2008 002654 RANCHO FORD LINCOLN City vehicle maint:code enforce 813.52 M ERGU RY City vehicle maint:code enforce 282.00 1,095.52 123633 04/24/2008 009725 RAZAVI, MANDIS TCSD Instructor Earnings 714.00 TCSD Instructor Earnings 257.60 971.60 Page:? apChkLst Final Check List Page: 8 04/24/2008 9:56:4 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123634 04/24!2008 011633 RED SHARK FSO LEON April 25, 'OB Theater Performance 3,720.00 3,720.00 REDBONE 123635 04/24!2008 009762 REDHAWK COMMUNITY Fy 07/08 Utility ReimblRdhwk Medians:Csd 2,657.20 2,657.20 ASSOCIATION 123636 04/24/2008 004584 REGENCY LIGHTING Electrical supplies:var parks/City Fac's 820.16 820.16 123637 04/24/2008 003742 REHAB FINANCIAL RDA Loan Servicer 200.00 200.00 CORPORATION 123638 04/24/2008 002110 RENTAL SERVICE Equip rental:PW Maint 43.65 43.65 CORPORATION 123639 04/24/2008 000406 RIVERSIDE GO SHERIFFS DEPT adv.traf.coll.invstg:hoctor/grip 3117-28 834.00 834.00 123640 04/24/2008 001365 RIVERSIDE COUNTY OF renew permit:City Hall 605.00 605.00 123641 04/24/2008 001365 RIVERSIDE COUNTY OF consessionpermit:Theater 525.00 525.00 123642 04/24!2008 001365 RIVERSIDE COUNTYOF commissary permit:MPSC 398.00 398.00 123643 04/24!2008 OD1365 RIVERSIDE COUNTY OF inspection fee:Theater 137.00 137.00 123644 04/24/2008 001097 ROADLINE PRODUCTS INC mist supplies:pw maint div 179.30 179.30 123645 04/24/2008 001942 S C SIGNS Jan public ntc sign postings:Pln 1,190.00 credit:billing adjustmentlPln -595.00 595.00 123646 04124!2008 010089 SECURITAS SECURITYSRVCS 414-10!08 Security Srvcs:Fire Stn 95 1,357.96 1,357.96 USA 123647 04124!2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 04!17108 378.00 378.00 123648 04/24!2008 011926 SIMMONS, ALEX reimb:Roll Surveillance cf 3124-28 120.02 120.02 123649 04/24!2008 010891 BLUBBER, CARMA M. refund:sec.deposit/CRC 4113 150.00 150.00 123650 04/24/2008 OD0537 SO CALIF EDISON Apr 2-25-393-4681 TES Pool 632.26 Apr 2-27-560-0625 Deerhollow Way 3,420.01 4,052.27 Page:B apChkLst Final Check List Page: 9 04124!2008 9:56:4 6AM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123651 04124!2008 001212 SO CALIF GAS COMPANY Arp 015-575-0195-2 VUIf Vlly Rd 323.27 Apr 055-475-6169-5 PBSP 242.27 565.54 123652 04124!2008 007341 SOUTH COAST WINERY, INC. balance duelrental:Vol. Recogn. 511 4,4D0.00 4,400.00 123653 04/24/2008 DD0519 SOUTH COUNTY PEST CONTROL pest control srvcs:code enforce 94.00 INC Pest control srvcs:calle tajo/villages 84.00 Pest control srvcs:Serena Hills Park 84.00 Pest Control Svc:S-OS VillagelCalle Tajo 168.00 430.00 123654 04/24!2008 003000 STATE WATER RESOURCES Storm water permit:Roripaugh Fire Stn 284.00 284.00 123655 04/24/2008 D01546 STRAIGHT LINE GLASS Res Imp Prog: Soriano, Henry&Gloria 162.88 162.88 123656 04/24/2008 003840 STRONGS PAINTING Painting srvcs:Old Town 18,500.00 18,500.00 123657 04124!2008 011931 SWAIN, CARLA refund:sec.depositlfCC 3/29 400.00 400.00 123658 04124!2008 010924 T & D COMMUNICATIONS, ING. Cabling srvc:lst flrMlest Wing 3,497.32 Install Network Cabling at Library 1,231.86 4,729.18 123659 04/24!2008 000305 TARGET BANK BUS CARD SRVCS misc supplies:crc gym 21.51 21.51 123660 04/24!2008 010679 TEMECULA AUTO City vehicle maint: Fire Stn 84 390.29 REPAIRlRADIATOR City vehicle maint:Paramedics 2,028.85 2,419.14 123661 04/24!2008 011736 TEMECULA TROPHY INC recognition plaque:rweston 124.94 124.94 123662 04/24/2008 D07340 TEMECULA VALLEY FIRE EQUIP. Fire Extinguisher Maint:T.C.C. 144.00 144.00 CO 123663 D412412008 010558 TRADE IN.COM INC Depositlfurniture install:firelwest wing 10,678.31 1 D,678.31 123664 D4/2 412 0 0 8 D03031 TRAFFIC CONTROL SERVICE INC Martraffic control supplies:pw maint 2,142.41 2,142.41 123665 04124!2008 009709 U H S OF RANCHO SPRINGS, INC Jan-Mar forensic exams:Police 1,800.00 1,800.00 123666 04/24/2008 007118 U S TELEPACIFIC CORPORATION Apr Internet IP Addresses Block 1,565.88 1,565.88 Page9 apChkLst 04!2412008 9:56:46AM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 123667 04124!2008 004261 VERIZON 123668 04/24!2008 004789 VERIZON ONLINE 123669 04/24/2008 003730 WEST COAST ARBORISTS INC 123670 04124!2008 010193 WOOLSTENHULME, LUCIA Final Check List Page: 10 CITY OF TEMECULA (Continued) Description Amount Paid Check Total Apr xxx-0714 PD Mall Alarm 36.00 Apr xxx-0073 general usage 258.49 Apr xxx-3984 M.Naggar 33.73 Apr xxx-1341 Theater 418.32 Apr xxx-8573 general usage 33.72 Apr xxx-5473 Moraga Rd 33.72 Apr xxx-0074 general usage 338.29 Apr xxx-3143 PD Overland office 39.89 Apr xxx-3564 alarm 67.47 Apr xxx-6084 general usage 32.66 Apr xxx-5275 PD DSL 34.80 1,327.09 May internet svcslEOC backup @ Libr 439.95 Apr Internet svcs xx2527 Police DSL 39.95 479.90 Tree trimming/stump removal:var city 1,212.00 1,212.00 TCSD Instructor Earnings 63.70 63.70 Grand total for UNION BANK OF CALIFORNIA: 210,084.02 Page:10 apChkLst Final Check List Page: 11 04!2412008 9:5ti:46AM CITY OF TEMECIJLA 134 checks in this report. Grand Tatal All Checks: 210,084.02 Page:11 apChkLst Final Check List Page: 1 05101/2008 5:22:18PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description 1048 04/30!2008 OD0444 INSTATAX (EDD) 1st Qtr 20D8 Unemp Payment 1049 05/0112008 000245 PERS -HEALTH INSUR PREMIUM PERS Health Admin Gost Payment Blue Shield HMO Payment 1050 05/0112008 OD0444 INSTATAX (EDD) State Disability Ins Payment 1051 05/0112008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 1052 05/01!2008 000389 NATIONWIDE RETIREMENT OBRA-Project Retirement Payment SOLUTION 1053 05/01!2008 001065 NATIONWIDE RETIREMENT SOLUTION 1054 05/01!2008 000246 PERS (EMPLOYEES' RETI REM ENT) Nationwide Retirement Payment Amount Paid 48,759.80 75,525.57 0.00 23,524.19 94,459.37 3, 757.53 23,129.27 PERS ER Paid Member Contr Payment 127,654.36 1055 05/0112008 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment Child Care Reimbursement Payment 123671 05/0112008 005126 A E G SOLUTfONS Misc. supplies:pw CIP div 123672 05101!2008 OD3552 AFLAC AFLAC Cancer Payment 123673 05/0112008 011347 A F S INC smog device:PW patch truck 123674 05/0112008 001916 ALBERT A WEBB ASSOCIATES Consulting srvcs:Santa Marg EIR 123675 05/0112008 004767 ALERT ALL CORPORATION Public Safety Educ mat:Fire Prev 123676 05/0112008 009010 ALEXANDER PACIFIC Electrical srvcs:planning dept 123677 05/01!2008 OD2187 ANIMAL FRIENDS OF THE Animal control svcs:mar & apr VALLEYS 123678 05/01!2008 000101 APPLE ONE INC temp help wle 04112 d.morrison 123679 05/01!2008 006300 ASSOCIATION OF AMERICAN Membership:J.DeGange 90003309 10,286.41 0.00 120.26 3,478.32 3,323.63 1,890.44 3,144.15 300.00 26,OOO.D0 571.96 205.00 Check Total 48,759.80 75,525.57 23,524.19 94,459.37 3,757.53 23,129.27 127,654.36 10,286.41 120.26 3,478.32 3,323.63 1,890.44 3,144.15 300.00 26,OOO.OD 571.96 205.OD Page:1 apChkLst Final Check List Page: 2 05101!2008 5:22:1 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123680 05/01!2008 002648 AUTO CLUB OF SOUTHERN renew mbrshp:mparker:88551262 47.00 CALIF renew mbrshp:jzuna:98647260 47.D0 94.00 123681 05/01!2008 002381 BEAUDOIN, LINDA Retirement Medical Payment 703.00 703.00 123682 05/01/2008 002541 BECKER CONSTRUCTION SRVS Replace guardrail:rainbow cyn rd 2,875.DD 2,875.00 INC 123683 05/01/2008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 728.00 728.00 123684 05/01/2008 004176 BROADWING Apr Long distance & intemet sues 745.52 745.52 TELECOMMUNICATIONS 123685 05/01/2008 003222 BROCKMEIER, CAROL Retirement Medical Payment 690.26 690.26 123686 05/01!2008 000128 BROWN & BROWN OF CALIF INC Workers' Comp Pmt Feb, Mar, Apr 2008 80,810.00 80,810.00 123687 05!01!2008 009082 C B C TECHNICAL INC Misc. lighting & sound supplies:theater 25.31 25.31 123688 05/01l20D8 006908 C C & COMPANY INC Entertainment:carnival fun day 250.00 250.00 123689 05/01/2008 003138 CAL MAT Asphalt supplies:pw maim div 438.82 Asphalt supplies:pw maim div 537.15 Asphalt supplies:pw maim div 299.48 Asphalt supplies:pw maim div 787.84 Asphalt supplies:pw maim div 783.23 Asphalt supplies:pw maim div 392.82 3,239.34 123690 05/01/2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 123691 05/01/2008 005660 CALIF EMS AUTHORITY renew mbrshp:brijke:lic#pD9938 130.OD 130.00 123692 05/01!2008 000152 CALIF PARKS & RECREATION renew mbrshp:hparker:019942 450.00 SOC renew mbrshp:cmccarthy:004842 135.00 585.00 123693 05/01!2008 004228 CAMERON WELDING SUPPLY Misc. supplies:pw maim div 22.89 22.89 123694 05/0112008 000137 CHEVRON AND TEXACO City vehicles fuel:city mgr 214.70 214.70 123695 05/01/2008 D06957 CITY TRAFFIC ENGINEERS 'OS trf com wkshp 5/10 Curran/hagel ZOO.DD 200.00 ASSOC. Paget apChkLst Final Check List Page: 3 05101!2008 5:22:1 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123696 05/01!2008 011814 COAXSHER INC Radio chest packs:fire 1,078.87 1,078.87 123697 05/01/2008 OD4017 COMERCHERO, JEFF reimb:NL000 Conf 3/8-11 Wash.D.C. 32.56 32.56 123698 05/0112008 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.00 123699 05/0112008 OD0442 COMPUTER ALERT SYSTEMS Facility maint:mpsc 236.63 Elevator repair & maint:Theater 75.00 311.63 123700 05/0112008 002945 CONSOLIDATED ELECTRICAL Electrical supplies: crc 155.47 155.47 DIST. 123701 05/01!2008 001264 COSTCO WHOLESALE Photo development:high hopes 30.46 Photo development:high hopes 134.22 Photo development:high hopes 11.32 Misc supplies:Theater 323.32 499.32 123702 05/01/2008 D03006 DEWITT CUSTOM PAINTING Res Imp Prog: Soriano, Henry&Gloria 1,750.DD 1,750.OD 123703 05/01!2008 003945 DIAMOND ENVIRONMENTAL portable toilet svc:bluegrass festival 977.98 977.98 SRVCS 123704 05/0112008 010629 DOWLING ASSOCIATES INC Software Upgrade: PW Traffic Div 646.50 646.50 123705 05/01!2008 004192 DOWNS COMMEROIAL FUELING Fuel for City vehicles:tcsd 2,721.54 INC Fuel for City vehicles:pw 174.20 Fuel for City vehicles:pw 159.35 Fuel for City vehicles:pw 2,132.06 Fuel for City vehicles:pw 493.39 Fuel for City vehicles:b&s 498.09 6,178.63 123706 05/0112008 000523 EASTERN MUNICIPAL WATER depositlinspect fee:O.T.lnfrstr pw06-07 4,530.00 4,530.00 DIST 123707 05/01!2008 002390 EASTERN MUNICIPAL WATER Apr 190304-02 Seraphina Rd 232.31 232.31 DIST 123708 05/0112008 OD5692 ELMO, ANTHONY Retirement Medical Payment 703.00 703.00 123709 05/01/2008 011528 FARMERS MARKET MGMNT CO refund:permit141952 6th St 152.00 152.OD INC 123710 05/01/2008 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 963.70 963.70 Page:3 apChkLst 05101!2008 5:22:18PM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123711 05/01!2008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 123712 05/01/2008 000795 FRED PRYOR SEMINARS- Camm.Skills:05112r08:tblackwell:pw 99.OD 99.00 CAREERTRAC 123713 05/01/2008 010028 G M BUSINESS INTERIORS Purch & install furniture:PW CIP 9,335.44 9,335.44 123714 05/01/2008 005405 GILLILAND, ROBIN reimb:sister cities supplies 585.06 585.06 123715 05/01!2008 009094 GLENEAGLES CORPORATION, Res Imp Prog: Turnbull, Ray&Dorothy 3,000.00 THE Res Imp Prgm: DiGioia, Jae & Lisa 3,300.00 6,300.00 123716 05/01!2008 008244 HARVEY, SCOTT Retirement Medical Payment 577.97 577.97 123717 05/01!2008 011827 HOCTOR, DANIEL reimb:Traf.Collision Invst. 417-11 179.48 179.48 123718 05/01/2008 OD0963 HOGAN, DAVID Retirement Medical Payment 703.00 703.00 123719 05/01/2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 11,961.90 11,961.90 303355 123720 05/01/2008 010119 IRS - OIG Sup Pmt Offer# 1000497587 452379267 140.11 140.11 123721 05/01/2008 008516 JAMIN ENTERTAINMENT entertainment:Community Srvcs Expo'08 1,380.00 1,380.00 123722 05/01!2008 004412 LEANDER, KERRY D. TCSD instructor earnings 756.00 TCSD instructor earnings 640.50 TCSD instructor earnings 686.00 TCSD instructor earnings 346.50 2,429.00 123723 05/0112008 004141 MAINTEX INC custodial equip maintlrepair: tcsd 146.52 custodial equip maintlrepair: tcsd 22.84 custodial equip maintlrepair: tcsd 81.25 custodial equip maintlrepair: tcsd 47.18 custodial supplies:var park sites 198.48 custodial srvcs:mpsc 334.83 custodial supplies:crc 592.20 1,423.30 Page:4 apChkLst 05/01/2008 5:22:18PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 123724 05101!2008 004068 MANALILI, AILEEN 123725 05/0112008 OD4803 MAPLOGIC CORPORATION 123726 05/01!2008 004307 MARINE BIOCHEMISTS Final Check List CITY OF TEMECULA (Continued) Description TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Layout Mgr Pro User License:lnfo Sys Apr water maint srvcs:HarvlDuck Pond 123727 05/0112008 010979 MEDIA STOP Photography srvcs:every 15 min pgrm 123728 05/01!2008 006571 MELODY'S AD WORKS reimb expenses:Chili Cook off Western Days Marketing: RDA 123729 05/0112008 008555 MERCURY INSURANCE release claims agreement payment 123730 05/0112008 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 123731 05/0112008 011440 MILLMORE'S WAX GREW City vehicles detailing svcs:PW Depts 123732 05/01!2008 001384 MINUTEMAN PRESS business cards: T. Thorson business cards: C. McCarthy business cards: A. McClanahan business cards: K.Cox, M.Parker envelopeslletterhead: B&S dept business cards: G. Willcox 123733 05/0112008 005887 MOFFATT & NICHOL ENGINEERS 1127 -2123 Prof Serv F.V. Pkwy 123734 05101!2008 002925 NAPA AUTO PARTS 123735 05/01!2008 011942 NATIONAL TRUST MAIN ST CORNER 123736 05101!2008 002898 NION EGLI EQUIPMENT COMPANY 123737 05/0112008 002292 OASIS VENDING misc supplies:pw maint div "Prking Hndbk/Small Communities": PW equip repair & maint:pw maint div coffeelkitchen supplies:foc bldg coffeelkitchen supplies:west wing coffeelkitchen supplies:city hall Amount Paid 136.50 234.50 43.75 124.25 344.75 152.25 3,645.00 4,855.00 4,310.00 31.16 1,500.OD 1,652.26 8,301.96 100.00 116.96 116.96 44.95 89.90 208.05 44.95 67.729.35 12.00 50.00 920.87 137.95 193.31 551.93 Page: 5 Check Total 1,036.00 3,645.00 4,855.00 4,310.00 1,531.16 1,652.26 8,301.96 100.OD 621.77 67,729.35 12.00 50.00 920.87 883.19 Pagea apChkLst Final Check List Page: 6 05101!2008 5:22:1 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123738 05/01!2008 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:police old town stn 832.97 832.97 DIV 123739 05/01/2008 002105 OLD TOWN TIRE & SERVICE Gity Vehicle Maint Svcs:PW Maint 713.72 City Vehicle Maint Svcs: PW 74.20 787.92 123740 05/01/2008 009694 ONSTAGE MUSICALS Sinatra Sings Again 4/2D -Theater 7,290.10 7,290.10 123741 05/0112008 011765 OPHELIATHEATREGROUP The Good Doctor 4126-27 Theater 1,589.00 1,589.00 123742 05/0112008 001171 ORIENTAL TRADING COMPANY Art/Graft supplies:Summer Concert Series 36.65 36.65 INC 123743 05/01!2008 011938 ORTEGA, AMANDA Release Claims Agreement Payment 800.00 800.00 123744 05/01!2008 002297 OVERLAND PACIFIC & CUTLER Jul consulting srvcs:Dalton 902.50 INC Jul consulting srvcs:Dalton 1,453.75 2,356.25 123745 05/0112008 010547 PARKS, RON Retirement Medical Payment 703.00 703.00 123746 05/01/2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 123747 05(0112008 000249 PETTY CASH Petty Cash Reimbursement 332.18 Petty Cash Reimbursement 331.00 663.18 123748 05/01/2008 011940 PHOENIX PLANNING & CONSTR. refund:permitl26411 Ynez Rd 676.50 676.50 123749 05/01/2008 010958 PIPS TECHNOLOGY INC 0 711 610 8-0711 5/0 9 ALPR sys mntc:PD 8,400.00 8,400.00 123750 05/0112008 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 496.20 496.20 123751 05/01!2008 002012 R D O EQUIPMENT COMPANY repairstsrvcs mntc equip: PW 101.85 101.85 123752 05!01!2008 004029 R J M DESIGN GROUP INC Mar dsgn:redhawk parks improv 5,629.71 5,629.71 123753 05/01!2008 000262 RANCHO CALIF WATER DISTRIC T Various Library Water Meters 1,033.63 Various Water Meters 11,243.01 Apr 01-04-47210-0 TES Pool 467.50 Apr Various Water Meters:Stn 84 271.07 Apr 01-0410033-2 Marg Rd 57.87 13,073.08 Page6 apChkLst Final Check List Page: 7 05101!2008 5:22:1 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123754 05/01!2008 000262 RANCHO CALIF WATER DISTRICT Insp Fee Deposit: Old Town Infrast. 4,000.00 4,000.00 123755 05/0112008 OD0262 RANCHO CALIF WATER DISTRICT Add'I Plan Ck Fee: Murrieta Creek Trl 582.38 582.38 123756 05/0112008 OD5062 RAWLINGS, PHIL reimb:"Images fem."bks-Sister Cities 71.24 71.24 123757 05/01/2008 D03698 RIVERSIDE CO ECONOMIC GoreNet Summitheam rvsd 528140:E.D. 1,000.00 1,OOO.OD 123758 05/01/2008 OD6605 RYLAND HOMES OF CALIFORNIA refund:eng depositltract 28810 995.00 995.00 123759 05/01/2008 DD0277 S & S ARTS & GRAFTS INC recreation supplies:C. Museum 113.18 113.18 123760 05/01!2008 009542 S O S SURVIVAL PRODUCTS emergency medical equiplsupplies:TCC 1,745.03 1,745.03 123761 05/01!2008 009196 SACRAMENTO THEATRICAL Equip repair & maint:Comm theater 155.66 LIGHTING Equip repair & maint:Comm Theater 193.43 349.09 123762 05/01!2008 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,068.26 SafeGuard Vision Plan Payment 0.00 1,068.26 123763 05101!2008 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581095025 12.50 12.50 123764 05/01/2008 D10089 SEGURITAS SECURITY SRVCS 4111-17108 security srvcs:Fire Stn 95 698.98 698.98 USA 123765 05/01/2008 OD5051 SEISMIC WARNING SYSTEMS INC seismic warning system install: Stn 73 12,486.25 seismic warning system install: Stn 92 12,486.25 24,972.50 123766 05/0112008 008529 SHERIFF'S CIVIL DIV-CENTRAL Support Pmt LO File#2007052618 100.00 100.00 123767 05/01/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 4124/D8 462.00 462.OD 123768 05/01!2008 000645 SMART & FINAL INC misc supplies: F.I.T. program 194.68 misc supplies: high hopes pgrm 267.39 misc supplies: theater 137.14 rec supplies: cultural arts 186.82 misc supplies: theater 167.76 misc supplies: theater 91.57 misc supplies: theater 60.59 1,105.95 Page:? apChkLst Final Check List Page: 8 05!0112008 5:22:18PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 123769 05/01!2008 000824 SO CALIF ASSN OF GOVERNMENTS 123770 05/01!2008 000537 SO CALIF EDISON 123771 05/0112008 000537 SO CALIF EDISON (Continued) Description Amount Paid reg.housing summit:5l21 Riverside,CalEP 75.00 Apr 2-2&807-1382 Irrigation Meter Apr 2-29-807-1226 Diaz Rd Ped Apr 2-29-807-1093 Diaz Rd Ped Apr 2-21-981-4720 Hwy 79S Apr 2-27-371-8494 Offsite Storage Apr 2-20-817-9929 Police Old Town Apr 2-28-331-4847 Pauba Rd Apr 2-14-204-1615 Front St Rdo April 2-29-933-3831 FOC Bldg Apr 2-29-657-2787 Winchester Rd Apr 2-30-099-3847 Ryecrest 123772 05/01!2008 001212 SO CALIF GAS COMPANY Apr City facilities gas meters Apr 095-167-7907-2 Stn 84 123773 05!01!2008 002503 SOUTH COAST AIR QUALITY emerg gen. ann'I operating fees:CRC emerg gen. emissions fees:CRC 123774 05/01!2008 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:rrsp INC 123775 D5/0112008 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 123776 05/01!2008 007273 STUMPS PRINTING COMPANY mist supplies:aglow in the park INC 123777 05101!2008 D10924 T & D COMMUNICATIONS, INC. Cabling Srvcs:CRC 123778 05/0112008 011667 T & T JANITORIAL INC aprjanitorial srvcs:City facilities 123779 05/01!2008 000305 TARGET BANK BUS CARD SRVCS mist supplies: Theater hospitality supplies: Theater hospitality supplies: Theater rec Supplies: Community Theater rec Supplies: Community Theater rec Supplies: C. Museum rec Supplies: C. museum mist equiptsupplies: Library 123780 05/01!2008 001547 TEAMSTERS LOCAL 911 Unicn Dues Payment 16.21 17.18 18.99 64.47 23.92 219.51 123.19 29.86 1,394.87 16.21 35.18 5,270.28 296.96 266.55 99.09 84.00 11,302.27 40.72 2,359.89 7,301.76 16.77 83.95 79.84 158.34 35.83 43.68 239.17 242.43 5,237.00 Check Total 75.00 1,924.41 35.18 5,567.24 365.64 84.00 11,302.27 40.72 2,359.89 7,301.76 900.01 5,237.00 Page:B apChkLst Final Check List Page: 9 05/01/2008 5:22:1 8PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123781 05/0112008 011736 TEMECULA TROPHY INC recogn plaque:Police dept 38.57 38.57 123782 05/01/2008 009194 TEMECULA VALLEY NEWS Apr display ads:Theater 286.40 286.40 123783 05/0112008 004274 TEMECULA VALLEY SECURITY locksmith services:Harveston Park 90.00 90.00 CENTR 123784 05/0112008 000316 THORNHILL, GARY Retirement Medical Payment 703.DD 703.00 123785 05/0112008 003862 THYSSENKRUPP hydraulic valve relief test:Theater 1,359.00 1,359.00 ELEVATOR.BRNCH 37 123786 05/01/2008 010276 TIME WARNER CABLE Apr high speed Internet Stn 92 58.91 58.91 123787 05/0112008 004145 TIME WARNER TELECOM Apr City phones general usage 1,024.92 1,024.92 123788 05/0112008 002452 TOP LINE INDUSTRIAL misc. supplies:pw maint div 87.64 87.64 123789 05/01!2008 004576 TRINITY WORKPLACE LEARNING FETN training:Stn 92 1,180.94 1,180.94 123790 05/0112008 002702 U S POSTAL SERVICE Mar postage meter deposit 6,419.98 Feb postage meter deposit 3,917.42 10,337.40 123791 05/01/2008 000325 UNITED WAY United Way Charities Payment 69.00 69.00 123792 05/01/2008 004261 VERIZON Apr xxx-2D75 general usage 92.05 92.05 123793 05/0112008 009663 VERNON LIBRARY SUPPLIES INC ann'I maint/support:Apex RFID products 18,384.00 18,384.00 123794 05/01!2008 010245 VILLA, DOLORES Retirement Medical Payment 585.88 585.88 123795 05/01/2008 001890 VORTEX DOORS Fire Stn 73 door repairs 1,221.81 1,221.81 123796 05/0112008 003730 WEST COAST ARBORISTS INC Remove pine tree on slope:Vail Ranch S21 216.00 216.00 123797 05/01/2008 011941 WESTIN SAN DIEGO ESRI Conf: J Degange 8/3-814 515.55 515.55 123798 05/01!2008 005194 WIGKES, MICHELLE refund:eng deposit139765 Del Rey Rd 995.00 995.00 Page9 apChkLst Final Check List Page: 10 05!0112008 5:22:18PM CITY OF TEMECULA Grand total for UNION BANK OF CALIFORNIA: 840,183.32 Page:10 apChkLst Final Check List Page: 11 05!0112008 5:22:18PM CITY OF TEMECIJLA 136 checks in this report. Grand Tatal All Checks: 840,183.32 Page:11 ITEM RI~J. 4 Approvals City Attorney Director of Finance 5~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 13, 2008 SUBJECT: City Treasurer's Report as of March 31, 2008 PREPARED BY: Rudy Graciano, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: Approve and file the City Treasurer's Report as of March 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 March 31, 2008. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of March 31, 2008 City of Temecula, California Portfolio Management Portfolio Summary March 31, 2008 City of Temecula 43299 Business Park Drive P-O- BaX 9933 Temecula, CA. 92599 (951)694-6430 Par Market Book a/o of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit -Bank 873,983.53 873,983.53 873,983.53 0.38 1,177 883 5.saa 5.678 Managed Pool Accounts 106,807,859.89 106,807,859.89 106,807,859.89 46.36 1 1 3.712 3.763 LetterafCredit 3.00 3.00 3.00 a.aa 1 1 a.aoa a.aaa Local Agencylnv~tment Funds 78,552,960.15 78,594,274.26 78,552,960.15 34.10 1 1 3.725 3.777 Commercial Paper - Intermit Bearing 2,476,939.38 2,476,939.38 2,476,939.38 1.08 168 154 2.153 2.183 Federal Agency Callable Securities 35,600,000.00 36,137,722.00 35,600,000.00 15.45 1,561 1,404 4.637 4.701 FederalAgencyBulletSecurities 1,000,000.00 1,055,940.00 1,000,000.00 0.43 1,216 785 4.934 5.002 Investment Contracts 5,066,x88.76 5,066,x88.76 5,066,x88.76 2.20 9,336 7,097 4.289 4.3x9 230,378,234.71 231,013,210.82 230,378,234.71 100.00% 459 382 3.868 3.921 Investments Cash and Accrued Interest PassbooklChecking 3,916,893.54 3,916,893.54 3,916,893.54 1 1 0.077 0.078 (not included in yield calculations) Accrued Interest at Purchase 10,a73.os 1 O,a73.Os SUbt6tal 3,927,766.60 3,927,766.60 Total Cash and Investments 234,295,128.25 234,940,977.42 234,306,001.31 459 382 3.868 3.921 Total Earnings March 31 Month Ending Fiscal Year Ta Date Current Year 794,846-25 8,499,118-46 Average Daily Balance 225,247,401.56 207,401,665.40 Effective Rate of Return 4.15% 5-44% Reporting period 03!01!2008-03!31!2008 Portfolio TEME CP Run Date: 04!3{02008 -10:33 PM (PRF_PM1) SymRept &.41.202a Report Ver. 5.00 City of Temecula, California Portfolio Management Portfolio Details -Investments March 31, 2aas Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Certificates of Deposit -Bank 95453518-2 86-12 GENIM2 USBANK 06/12/2007 873,983.53 673,983.53 873,983.53 5.600 Subtotal and Average 880,207.24 873,983.53 873,983.53 873,983.53 Managed Pool Accounts 122216003-2 CITY COP RE2 104348008 01-2 1MP 104348006 01-2 RESA 104348016 01-2 RES B 104348000 01-2 SP TAX 94669911 03-1 ACQ Al 94669921 03-1 ACQ B1 94669902 03-1 BOND 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 94686006 03-4 RES 78776002 03-6 BOND 786776007 03-6 1MP 786776006 03-6 RES 786776000 03-6 SP TAX 95453510 88-12 BOND 95453518 86-12 GEN I 122216009 CITY COP COS 122216003 CITY COP RES 107886000 RDA 06 A INT Run Date: f~4/30l2f~08 - 1 f~:33 5.600 5.G78 883 09.101!2010 5.600 5.678 883 ASSURED GUARANTY 03/13/2008 1.00 1.00 1.00 1.000 0.986 1.000 1 First American Treasury 254,811.71 254,811.71 254,811.71 1.590 1.568 1.590 1 First American Treasury 0.00 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 0.00 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 0.00 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 4,233.57 4,233.57 4,233.57 1.590 1.568 1.590 1 First American Treasury 14,974.99 14,974.99 14,974.99 1.590 1.568 1.590 1 Firsk American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 1 First American Treasury 0.00 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 0.00 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 91,190.19 91,190.19 91,190.19 1.590 1.568 1.590 1 First American Treasury 4,190.80 4,190.80 4,190.80 1.590 1.568 1.590 1 First American Treasury 3,410.40 3,410.40 3,410.40 1.590 1.568 1.590 1 First American Treasury 2,547.72 2,547.72 2,547.72 1.590 1.568 1.590 1 First American Treasury 364.20 364.20 364.20 1.590 1.568 1.590 1 Firsk American Treasury 0.00 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 9,009.91 9,009.91 9,009.91 1.590 1.568 1.590 1 First American Treasury 0.51 0.51 0.51 1.960 1.933 1.960 1 First American Treasury 635.09 835.09 835.09 1.590 1.568 1.590 1 First American Treasury 1,434.44 1,434.44 1,434.44 1.590 1.568 1.590 1 First American Treasury 0.00 0.00 o.ao 1.420 1.401 1.420 1 First American Treasury 17,722.43 17,722.43 17,722.43 1.590 1.568 1.590 1 First American Treasury 4,034.28 4,034.28 4,034.28 1.590 1.568 1.590 1 Firsk American Treasury 50,780.20 50,780.20 50,780.20 2.150 2.121 2.150 1 First American Treasury 0.00 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 1 First American Treasury 18.01 16.01 18.01 1.610 1.588 1.610 1 First American Treasury 0.00 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 0.00 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 2,896.81 2,896.81 2,896.81 1.590 1.568 1.590 1 First American Treasury 07/01/2007 0.04 0.00 0.00 1.420 1.401 1.420 1 First American Treasury 03/13!2008 40,461.73 40,461.73 40,461.73 1.590 1.568 1.590 1 First American Treasury 03/13/2008 537.50 537.50 537.50 1.590 1.568 1.590 1 First American Treasury 200.04 200.04 200.04 1.590 1.568 1.590 1 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.2(12a Report Ver. 5.(10 City of Temecula, California Portfolio Management Portfolio Details -Investments March 31, 2aas Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Managed Pool Accounts 107886010 RDA 06 B INT First American Treasury 28. 51 28. 51 28.51 1.580 1.558 1.580 1 107886008 RDA 06 CIP A First American Treasury 112. 21 112. 21 112.21 1.590 1.568 1.590 1 10788601 B RDA 06 CIP B First American Treasury 6,762. 53 6,762. 53 6,762.53 1.590 1.568 1.590 1 107886016 RDA 06 RES B First American Treasury 2,165. 95 2,165. 95 2,165.95 1.590 1.568 1.590 1 107686030 RDA 07 CAP I First American Treasury 11/01/2007 66. 55 66. 55 66.55 1.590 1.568 1.590 1 107886029 RDA 07 COI First American Treasury 11/01!2007 69,165. 30 69,165. 30 69,165.30 1.590 1.568 1.590 1 107886027 RDA 07 ESCRO First American Treasury 11/01/2007 450. 67 450. 67 450.67 1.590 1.568 1.590 1 107886028 RDA 07PROJE First American Treasury 11/01!2007 1,592. 01 1,592. 01 1,592.01 1.590 1.568 1.590 1 107886026 RDA 07 RESER First American Treasury 11/01/2007 90. 63 90. 63 90.63 1.590 1.568 1.590 1 94434160 RDA TABS INT First American Treasury 743. 58 743. 58 743.58 1.590 1.568 1.590 1 94432360 TCSD COPS IN First American Treasury 115,381. 21 115,381. 21 115,381.21 1.590 1.568 1.590 1 793593011-1 03-2-1 AC4UI CA Local Agency Investment Fun 07/01!2007 40,757,273. 19 40,757,273. 19 40,757,273.19 3.777 3.725 3.777 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 07/01/2007 1,490,770. 35 1,490,770. 35 1,490,770.35 3.777 3.725 3.777 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01!2007 1,146,982. 55 1,146,982. 55 1,146,982.55 3.777 3.725 3.777 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 3.777 3.725 3.777 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 07/01!2007 3,719,252. 13 3,719,252. 13 3,719,252.13 3.777 3.725 3.777 1 122216008 CITY COP CIP CA Local Agency Investment Fun 03/13/2008 22,500,000. 00 22,500,000. 00 22,500,000.00 3.778 3.726 3.778 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 03/13!2008 791,400. 00 791,000. 00 791,000.00 3.777 3.725 3.777 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 16,764,676. 63 16,764,676. 63 16,764,676.63 3.777 3.725 3.777 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,925,513. 03 2,925,513. 03 2,925,513.03 3.777 3.725 3.777 1 107686030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 11101!2007 601,459. 84 601,459. 84 601,459.84 3.777 3.725 3.777 1 107886027-1 RDA 07 ESC-1 CA Local Agency Investment Fun 11/01!2007 4,073,378. 84 4,073,378. 84 4,073,378.84 3.777 3.725 3.777 1 107886026-1 RDA 07 PRO-1 CA Local Agency Investment Fun 11/01/2407 9,832,590. 81 9,632,590. 61 9,832,590.81 3.777 3.725 3.777 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 11/01!2007 819,162. 53 819,162. 53 819,162.53 3.777 3.725 3.777 1 107886006 RDA 06 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 2.160 2.190 1 Subto tal and Average 99,140,096.23 106,807,859. 89 106,807,859. 89 106,807,859.89 3.712 3.763 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01!2007 1. 00 1. 00 1.00 4.040 0.000 1 793593006-2 02006 Citibank, N.A. 07/01/2007 1. 00 1. 00 1.00 0.040 0.000 1 793593006-1 02005 Ohio Savings Bank 07/01!2007 1. 00 1. 00 1.00 4.000 0.000 1 Subto tal and Average 2.68 3 .00 3. 00 3.00 0.000 0.000 1 Local Agency In vestment Funds 94669911-1 03-1 ACQ A2 CA Local AgencylnvestmentFun 1,448,916. 93 1,448,916. 93 1,448,916.93 3.777 3.725 3.777 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,705,206. 98 3,705,206. 98 3,705,206.98 3.777 3.725 3.777 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 8,949,994. 87 8,949,994. 67 8,949,994.87 3.777 3.725 3.777 1 PortfolioTEME GP Run Date: 04130(2008 - 10:33 PM (PRF_P M2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments March 31, 2aas Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date fatal Agency Investment Funds 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,677,361.04 2,677,361.04 2,677,361.04 3.777 3.725 3.777 1 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 431,243.58 431,243.58 431,243.58 3.777 3.725 3.777 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 505,024.36 505,024.36 505,424.36 3.777 3.725 3.777 1 SYSCITY CITY CA Local Agency Investment Fun 21,577,624.61 21,592,278.31 21,577,624.61 3.777 3.725 3.777 1 SYSRDA RDA CA Local Agency Investment Fun 21,916,661.32 21,933,546.61 21,916,661.32 3.777 3.725 3.777 1 SYSTCSD TCSD CA Local Agency Investment Fun 17,338,926.46 17,350,701.58 17,338,926.46 3.777 3.725 3.777 1 Subtotal and Average 81,214,250.47 78,552,960.15 78,594,274.26 78,552,960.15 3.725 3.777 1 Commercial Paper -Interest Bearing 104348006-2 01-2RESA1 USBANK 03/18!2008 441,166.18 441,166.18 441,166.18 2.150 2.150 2.180 154 09!02!2008 104348016-1 01-2 RES B 1 USBANK 03/18/2008 202,728.75 202,728.75 202,728.75 2.150 2.150 2.180 154 09!02/2008 104348000-1 01-2 SP TX 1 USBANK 03/24!2008 44,698.49 44,698.49 44,698.49 2.200 2.200 2.231 154 09!02!2008 104348000-2 01-2 SP TX2 USBANK 03/18/2008 120,570.24 120,570.24 120,570.24 2.150 2.150 2.180 154 09!02/2008 94669916-1 03-1 RES B 1 USBANK 03/18!2008 223,360.03 223,360.03 223,360.03 2.150 2.150 2.180 154 09!02!2008 94669900-1 03-1 SP TX 1 USBANK 03/24/2008 48,423.78 48,423.78 48,423.78 2.200 2.200 2.231 154 09/02/2006 94669900-2 03-1 SP TX2 USBANK 03/18!2008 209,621.44 209,621.44 209,621.44 2.150 2.150 2.180 154 09!02!2008 793593000-1 03-2 SP TX 1 USBANK 03/18/2008 416,562.66 418,562.66 418,562.66 2.150 2.150 2.180 154 09/02/2006 744727000-1 03-3 SP TX 1 USBANK 03/18!2008 226,362.05 226,362.05 226,362.05 2.150 2.150 2.180 154 09!02!2008 744727000-2 03-3 SP TX 2 USBANK 03/18/2008 56,681.63 56,681.63 56,681.63 2.200 2.200 2.231 154 09!0212008 SYS03-4 RESER-2 03-4 RESER-2 USBANK 03/03!2008 96,467.50 96,467.50 96,467.50 2.150 2.150 2.180 154 09!02!2008 786776006-1 03-6 RES-1 USBANK 03/18/2008 338,657.38 338,657.38 336,657.36 2.150 2.150 2.180 154 09!02/2006 786776000-1 03-6 SP TX-1 USBANK 03/18!2008 11,420.22 11,420.22 11,420.22 2.150 2.150 2.180 154 09!02!2008 786776000-2 03-6 SP TX-2 USBANK 03/24/2008 10,581.77 10,581.77 10,581.77 2.200 2.200 2.231 154 09/02/2008 95453518 88-12 G I ~ USBANK 03/18!2008 27,637.26 27,637.26 27,637.26 2.150 2.150 2.180 154 09!02!2008 Subtotal and Average 1,145,223.86 2,476,939.38 2,476,939.38 2,476,939.38 2.153 2.183 154 Federal Agency Callable Securities 3133X4M1 01075 Federal Farm Credit Bank 09/28/2007 1,000,000.00 1,039,690.00 1,000,000.00 5.000 4.932 5.000 1,641 09!28!2012 31331YSC5 01085 Federal Farm Credit Bank 02/06!2008 2,000,000.00 2,020,620.00 2,000,000.00 3.590 3.541 3.590 1,406 02/06/2012 31331YQX1 01086 Federal Farm Credit Bank 02/11/2008 2,000,000.00 2,015,000.00 2,000,000.00 3.000 2.959 3.000 681 02!11!2010 31331YTS9 01087 Federal Farm Credit Bank 02/14!2008 2,000,000.00 2,025,620.00 2,000,000.00 3.750 3.699 3.750 1,777 02!11!2013 31331YYR5 01091 Federal Farm Credit Bank 03/24/2008 1,000,000.00 1,005,000.00 1,000,000.00 3.150 3.107 3.150 1,087 03!24!2011 3133XKGD1 01063 Federal Home Loan Bank 04/25!2007 200,000.00 200,250.00 200,000.00 5.250 5.177 5.249 745 04!16!2010 3133XKGD1 01064 Federal Home Loan Bank 04/26/2007 1,000,000.00 1,001,250.00 1,000,000.00 5.250 5.177 5.249 745 04!1612010 3133XL4P5 01066 Federal Home Loan Bank 06/04!2007 1,000,000.00 1,005,310.00 1,000,000.00 5.300 5.227 5.300 794 06!04!2010 3133XL6S7 01067 Federal Home Loan Bank 06/06/2007 1,000,000.00 1,007,190.00 1,000,000.00 6.000 5.918 6.000 1,527 06!06!2012 3133XLBS1 01068 Federal Home Loan Bank 07/19!2007 1,000,000.00 1,007,500.00 1,000,000.00 5.500 5.423 5.498 815 06!25!2010 3133XLSC]7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,445,000.00 1,000,000.00 5.650 5.573 5.650 1,581 07!30!2012 PortfolioTEME GP Run Date: 04130(2008 - 10:33 PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Investments March 31, 2aas Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3133XLXW8 01471 Federal Home Loan Bank 08/15!2407 1,004,404.04 1,412,544.40 1,404,040.04 5.540 5.425 5.504 1,597 48115!2412 3133XK2N4 01072 Federal Home Loan Bank 08/24!2007 2,000,444.44 2,059,380.00 2,000,444.44 5.330 5.256 5.329 1,435 03/06/2012 3133XM5R6 01473 Federal Home Loan Bank 48/28!2407 1,004,404.04 1,437,814.40 1,404,040.04 5.480 5.411 5.080 1,242 48!26!2011 3133XM5E7 01074 Federal Home Loan Bank 08/28!2007 1,000,000.00 1,040,940.00 1,000,000.00 5.220 5.135 5.206 1,610 08!28!2012 3133XMDM0 01477 Federal Home Loan Bank 10/02!2407 1,004,404.04 1,415,044.40 1,404,440.04 5.340 5.227 5.304 1,645 10!0212012 3133XMLM1 01079 Federal Home Loan Bank 10/17!2007 1,000,444.44 1,015,310.00 1,000,444.44 5.000 4.930 4.999 1,294 10!17!2011 3133XMLG4 01484 Federal Home Loan Bank 10/18/2047 1,004,404.04 1,415,634.40 1,404,040.04 5.240 5.128 5.200 1,652 10/09/2012 3133XKH24 1062 Federal Home Loan Bank 04/16!2007 1,000,444.44 1,032,500.00 1,000,444.44 5.250 5.178 5.250 1,476 04!16!2012 3126X6ML7 01476 Federal Home Loan Mtg Corp 10/01/2407 1,004,404.04 1,013,014.40 1,404,040.04 5.040 4.932 5.004 913 10!0112414 3128XGMQG 01081 Federal Home Loan Mtg Corp 10/18!2007 1,000,444.44 1,012,260.00 1,000,444.44 5.250 5.177 5.249 1,644 10!01!2012 3126X6RP3 01482 Federal Home Loan Mtg Corp 11/28/2007 1,404,404.04 1,414,392.40 1,404,040.04 4.640 4.537 4.640 969 11!26!2414 3128X6UL8 01083 Federal Home Loan Mtg Corp 01/03!2008 2,000,444.44 2,010,720.00 2,000,444.44 5.000 4.931 4.999 1,715 12!11!2012 3126X6L61 01484 Federal Home Loan Mtg Corp 42/04/2408 2,004,404.04 2,426,464.40 2,404,440.04 4.040 3.945 4.004 1,770 42!04!2413 31398ADFG 01070 Federal National Mtg Assn 08/09!2007 1,000,444.44 1,006,884.44 1,000,000.00 5.600 5.521 5.598 1,533 06!12!2012 3136F8TE5 01478 Federal National Mtg Assn 10/15/2007 1,004,404.04 1,014,384.40 1,404,040.04 5.002 4.936 5.045 1,200 47115.12011 313GF9CB7 01088 Federal National Mtg Assn 03/11!2008 2,000,444.44 2,015,444.44 2,000,444.44 4.000 3.945 4.000 1,805 03!11!2013 3136F9QP5 01494 Federal National Mtg Assn 43/27/2408 1,004,404.04 1,044,064.40 1,404,040.04 4.040 3.945 4.004 1,821 43!27!2413 31398ABC5 1065 Federal National Mtg Assn 05/11!2007 1,000,444.44 1,019,060.00 1,000,444.44 5.300 5.227 5.300 1,497 05!07!2012 Subtotal and Average 35,116,129.03 35,600,000.00 36,137,722.00 35,600,000.00 4.637 4.701 1,404 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26!2007 1,000,444.44 1,055,940.00 1,000,444.44 5.000 4.934 5.002 785 05!26!2010 Subtotal and Average 1,000,000.00 1,000,000.00 1,055,940.00 1,000,000.00 4.934 5.002 785 Investment Contracts 94669946-1 03-1 RES A2 American International Group M 44/28/2004 863,900.04 863,904.40 863,940.04 4.630 4.764 4.830 9,283 48/31/2433 744727006-1 03-3 RESERV IXIS Funding Corp 07/28!2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,648 08!31!2034 95453518-1 86-12 GEN IM IXIS Funding Corp 47/24/1998 504,404.04 540,004.40 504,040.04 5.430 5.549 5.585 3,440 09!01!2017 95453516-1 88-12 RES 2 IXIS Funding Corp 07/24!1998 1,531,468.76 1,531,468.76 1,531,468.76 5.430 5.509 5.585 3,440 09!01!2017 Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,097 Total and Average 225,247,401.56 230,378,234.71 231,013,210.82 230,378,234.71 3.868 3.921 382 PortfolioTEME GP Run Date: 04130(2008 - 10:33 PM (PRF_PM2} SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details -Cash March 31, 2aas Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Baak Value Rate 360 365 Maturity Retention Escrow Account SYSBARNHART 1 BARN HART 1 California Bank & Trust 135,910.62 135,910.62 135,910.62 2.250 2.219 2.250 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 6,281.03 6,281.03 6,281.03 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 07/01!2007 3,750,154.39 3,750,154.39 3,750,154.39 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 21,837.50 21,837.50 21,837.50 0.000 0.000 1 Average Balance 0.00 Accrued Interest at Purchase 10,873.06 10,873.06 1 Subtotal 3,927,766.60 3,927,766.60 Total Cash and Investments 225,247,401.56 234,295,128.25 234,940,977.42 234,306,001.31 3.868 3.921 382 Run Date: 04130(2008 - 10:33 PortfolioTEME GP PM (PRF_PM2} SymRept 6.41.202a CASH AND INVESTMENTS REPORT CITY OF TEMECULA AS OF MARCH 31, 2008 001 GENERAL FUND 120 DEVELOPMENT IMPACT FUND 140 COMMUNITY DEV BLOCK GRANT 150 AB 2766 FUND 165 RDA DEV LOWIMOD 20°to 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" 195 TCSD SERVICE LEVEL "R" STREETIROAD 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECT FUND 272 CFD 01-2 HARVESTON A&B IMPROVEMENT 273 CFD 03-1 CROWNE 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 370 CITY 2008 COP'S DEBT SERVICE 380 RDA 2002 TABS DEBT SERVICE 390 TCSD 2001 COP'S DEBT SERVICE 460 CFD 88-12 DEBT SERVICE FUND 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD- RORIPAUGH Fund Total 51,162, 975.50 3, 685, 619.57 19, 065.00 469, 434.76 7, 318, 455.99 7, 206, 550.14 1, 030, 314.85 23, 203.58 206, 657.17 55, 687.36 34, 453.46 247, 669.30 1, 808, 214.57 43,108, 619.74 254,811.71 5,173, 332.47 12, 069, 878.93 505, 042.37 43, 493, 817.48 31, 887, 702.15 1, 209, 319.69 571, 016.39 358, 027.29 254,714.74 44, 725.56 832, 000.23 7, 235, 253.18 127, 877.96 3, 754, 302.10 901,902.91 1, 411, 334.49 181, 420.93 2, 777, 070.88 387, 608.61 5,132, 896.36 Grand Total: $ 234,940,977.42 ITEM RI~J. 5 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 13, 2008 SUBJECT: Initiation of City Construction of Priority Public Improvements with Bond Proceeds (CFD 03-02) PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: That the City Council adopt a resolution entitled RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONSTRUCTION OF VARIOUS PUBLIC IMPROVEMENTS RELATED TO DEVELOPMENT IN RORIPAUGH RANCH AND RELATED ACTIONS, AND AUTHORIZING AND DIRECTING VARIOUS ACTIONS WITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) BACKGROUND: Roripaugh Ranch Project On November 26, 2002, the City Council approved the Roripaugh Ranch Specific Plan (SP 11) which provides a specific plan for 804.7 acres consisting of the development of a maximum of 2,015 dwelling units, but is currently planned for 1,745, 110,000 square feet of neighborhood commercial retail space, a 12 acre elementary school site, and a 20-acre middle school site, a 19.7 acre sports park (Planning Area 27), a 5.1 acre neighborhood park (Planning Area 6), a fire station site and fire station (Planning Area 32), and 202.7 acres of natural open space, flood control improvements to Santa Gertrudes Creek and long Valley Wash, and on-site and off-site public infrastructure improvements ("Project"). On December 17, 2002 the City Council also approved a Development Agreement for the Project ("Development Agreement")that vests authorized land use requirements forthe Project, provides for certain development fee credits based on Developer's construction of designated public improvements, and conditions the issuance of building permits on the completion of designated public improvements necessary to mitigate the impacts of the development. CFD Bonds for Public Improvements On April 27, 2006, the Temecula Public Financing Authority issued $51,250,000 Temecula Public Financing Authority Community Facilities District No. 03-02 {Roripaugh Ranch), 2006 Special Tax Bonds ("Bonds"). The Community Facilities District comprises the area of the Roripaugh Ranch Specific Plan. The proceeds of the Bonds were to finance the construction of certain designated public improvements to mitigate impacts of the Project. The debt service on the Bonds is paid for with Special Taxes levied on the property within the Roripaugh Ranch Specific Plan. Disclosure DeficiencieslUSA Commercial Mortgage Entities Bankruptcies One of the member entities of the Developer, Ashby USA LLC, is USA Investments Partners LLC. On May 26, 2006, the Authority was notified that Chapter 11 reorganization filings were made in the US Bankruptcy Court, District of Nevada (Las Vegas) on April 13, 2006 for USA Commercial Mortgage Company and four related entities that are affiliates of or have common ownership with USA Investment Partners LLC. The bankruptcycourtfilingstyere made priorto the issuance of the Bonds. USA Investment Partners LLC was also a member and 50% owner of Tanamera Homes, Inc., the 100°~ member of three limited liability companies that owned land within the Project that was responsible for approximately 15.52°~ of the estimated allocation of special tax liability with respect to the Community Facilities District. USA Investment Partners did not file for Chapter 11 reorganization in April 2006 with the other USA Commercial Mortgage entities but did file for Chapter 11 reorganization proceedings in July 2007. On June 1, 2006, the Authority issued Release No. 1 describing certain disclosure deficiencies in the Official Statement, including, among others, the failure to disclose the bankruptcyfilings of the USA Commercial Mortgage Company entities. Since that time the Authority has issued 22 additional Releases disclosing the status of the Project, the status of the Bonds and the delinquencies in payment of the Special Taxes Ashby USA LLC, the Tanamera entities and subsequent owners and filed these with a national repository of municipal bond documents so that they are available to all bond holders and potential investors. The Releases are public documents available at cost from the City Clerk's Office. Current Status of Bands, Protect and Owners' Payment of Special Taxes Exceptfor an initial distribution of Bond Proceeds for construction of the Fire Station, a small portion of Murrieta Hot Springs Raad, and costs of issuance, the Authority has not made any substantial distribution of the proceeds of the Bonds for Public Improvements. The Developer, Ashby USA LLC, has only completed designated Public Improvements sufficient to authorize the issuance of 107 building permits pursuant to the Development Agreement. Other Public Improvements are partially completed. Many of the contractors who worked on these improvements were not paid by Ashby USA LLC and have filed approximately $12 million in mechanics liens on the Ashby USA property as well as filing lawsuits against Ashby USA LLC, the City and Authority to collect their invoices. The Tanamera entities were not able to meet debt service obligations to their lenders and their properties were foreclosed on by the lenders during the second and third quarters of 2007 and are now owned by their lenders, Key Bank, Vineyard Bank and Downey Savings. Approximately 88 acres of Ashby USA LLC's property was sold to Wingsweep Corporation at a foreclosure sale in February 2008 initiated by one of Ashby USA LLC's lenders, Bank of the West. Ashby USA LLC has been delinquent in the payment of Special Taxes for the Second Installment of FY 2006-07 (April 10, 2007) and the First Installment of FY 2007-08 (December 10, 2007). At the time the Bonds were issued, the Authority required Ashby USA LLC to post a letter of credit in the amount of $6,679,002 which is equal to two years estimated annual Special Taxes (assuming build-out) of properties within the Project originally owned by Ashby USA LLC and the Tanamera/Roripaugh entities. The letter of credit was issued by AmTrust Bank (then known as Ohio Savings Bank) with a confirmation by Citibank N.A. The Authority has drawn on the letter of credit three times in the combined amount of $3,226,627.39 in order to make three of the debt service payments. The letter of credit was not renewed bythe issuing banks and the Authoritydrew the remaining amounts on the letter of credit in the amount of $3,412,347.62. The Authority will apply these remaining proceeds drawn on the letter of credit to further debt services payments if additional Special Tax payments on those certain properties in the CFD are not timely made. AmTrust Bank on behalf of Ashby USA paid the delinquent Special Taxes owed byAshby USA LLC that became delinquent when not paid on April 10,2007 as well as applicable penalties, interest and collection costs on April 3, 2008. As of May 6, 2008 Ashby USA LLC and Key Bank remain delinquent in the payment of Special Taxes that became delinquent when not paid on December 10, 2007. On April 2, 2008, Wingsweep Corporation paid the delinquent Special Taxes plus applicable penalties, interest and collection costs on the Ashby USA LLC properties it had acquired at the foreclosure sale of February 2008. Neither Ashby USA nor Key Bank paid the installment of Special Taxes that became delinquent when not paid on April 10, 2008. As of May 6, 2008 a total of $2,482,503.42 in Special Taxes is delinquent (which does not include any penalties or interest). The Authority has made all required debt service payments on time despite the failure of Ashby USA, Tanamera Entities and certain lenders to pay their Special Taxes on time. Ashby USA and its principal lender, AmTrust Bank, informed the Authority they are not able to complete the Public Improvements. Vineyard Bank, DowneySavings, and Key Bank have informed the Authority that they are nat in a position to complete the Public Improvements. Wingsweep Corporation has informed the Authority that it is willing and able to contribute its fair share to the construction of the Public Improvements. List of Priority Public Improvements to be Constructed by City It is recommended that the City use Bond Proceeds to complete and/or construct the following Public Improvements required by the Development Agreement {"Priority Public Improvements"): 1. Butterfield Stage Road--complete full-width improvements from Murrieta Hot Springs Road to the south project boundary at Planning Area 32, including construction of two full-width bridges within and over Santa Gertrudes Creek and Long Valley Wash; 2. Butterfield Stage Road--constructfull width improvements from southern project boundary at Planning Area 32 south to La Serena Way 3. Murrieta Hot Springs Road--complete full-width improvements from east of Pourroy Road at the northern project boundary to the Butterfield Stage Road; 4. Intersection of Pourroy Road and Murrieta Hot Springs Road-construct/install traffic signal; 5. South Loop Road--construct southerly half-width in front of fire station {Planning Area No. 32) including a portion Storm Drain line J; 6. Nicolas Road--construct full improvements from Butterfield Stage Road to the western project boundary; and 7. Nicholas Road--construct 40-foot improvements 450 feet east of the existing Nicolas Road/Calle Girosol intersection to the western project boundary. A map showing the rough locations of the Priority Public Improvements is attached. The Priority Public Improvements include the basic arterial road improvements for the Project. Comments by representatives of the various lenders that have taken over portions of the Project, as well as potential purchasers/merchant builders, Wingsweep Corporation, and AmTrust Bank (Ashby USA's lender) have informed the Authority that coordination and funding of the construction of the Priority Public Improvements by these parties in the absence of a viable master developer will be difficult. The difficulty in completion of the various Public Improvements could adversely impact the time of issuance of certain blocks of building permits pursuant to the schedule set forth in Attachment 5 of the Development Agreement and adversely affect the ability of the Project to generate Special Taxes for payment of debt service on the Bonds. The Priority Improvements include roads across the entire Project and outside of the Project Boundaries that can more efficiently be constructed by the City. A significant portion of the Public Improvement component of the requirements for issuance of upto 515 residential building permits in Phase I of the Project would be fulfilled by the City's completion of the Priority Public Improvements; provided, however, issuance of building permits will require fulfillment of all applicable requirements of the Development Agreement and conditions of approval of the specific land use entitlements. (Phase I of the Project are Planning Areas 1A, 2, 3, 4 and 4B in the western or "panhandle" portion of the Project.) Actions Required to Enable City to Construct Priority Public Improvements In order to enable the City to commence construction with respect to these Priority Public Improvements the City Council and Authority Board will need to take several actions. Additionally, prior to the commencement of construction with respect to these Priority Public Improvements, certain third parties beyond the control of the City and Authority will need to take and complete several actions related to the Priority Public Improvements and the agreements that govern their construction. These actions include, but are not limited to: The City Council, the Authority Board and the parties to such agreements will need to consider: (a) termination of the Acquisition Agreement between the Authority and the Developer, Ashby USA, LLC, dated as of March 1, 2006, as amended, or other alternate arrangements with respect to this agreement; (b) amendment ofthe Fiscal Agent Agreement between the Authority and US Bank National Association, dated as of March 1, 2006; {c) amendment of the Joint Community Facilities Agreement Between the City and the Authority, dated as of January 1, 2005; {d) amendment of the Joint Community Facilities Agreement among the City, Authority, County of Riverside and Developer for street improvements, dated as of November 1, 2004 or other alternate arrangements with respect to this agreement; and (e) amendment of the Joint Community Facilities Agreements among the City, Authority, County of Riverside, Riverside County Flood Control and Water Conservation District and the Developer for flood control improvements, dated as of November 1, 2004 or other alternate arrangements with respect to this agreement. The City will need to accept certain offers of dedication for rights of way and obtain necessary rights of way from the Developer and third party property owners. The City will need to obtain necessary Resource Agency permits for the work; The City Council and Authority Board will need to consider making offers of settlement to the contractors that have constructed portions of the Priority Public I mprovements on behalf of the Developer and who have filed litigation against the City, Authority and Developer seeking payment for work performed for the Developer on these improvements. The settlement offer would consist of the Authority's offering to pay with Bond proceeds those invoices of the contractors that would have qualified for payment pursuant to the Acquisition Agreement in return for a full release of liability of the City and the Authority and the release of any liens against these properties that would be conveyed to the City and other public entities for the Priority Public Improvements. Amendment and Restatement of the Joint Community Facilities Agreement between the City and the Authority and amendment of the Fiscal Agent Agreement between the Authority and US Bank are recommended for approval as part of this Agenda Item. If the City determines that it can proceed with construction with respect to the Priority Public Improvements, the remaining obligations of the Developer, and other property owners in the Roripaugh Ranch Specific Plan Area, under the Development Agreement would remain in effect. The Developer and/or other owners would continue to be obligated to construct on-site and off-site Public Improvements not completed by the City and, as discussed above, would not be able to obtain building permits except in accordance with the schedule for issuance of building permits set forth in the Development Agreement. Additionally, the City Council would need to consider adjustments to the availability of fee credits and a methodologyfor allocating anyfee credits which became available pursuant to the Roripaugh Ranch Project Transportation Uniform Mitigation Fee Program Improvement and Credit Agreement between the City and the Developer, dated as of February 28, 2006, and the Development Agreement to recognize the City's proposed construction of the Priority Public Improvements. Fee credits would be available only to the extent that the City undertakes the required work or the Developer or owners post surety bonds for Public Improvements they will construct. The Staff is working on a current estimate of the cost of the proposed list of Priority Improvements. The estimate is a complex one requiring not only an estimate of the costs of construction of the Priority Public Improvements, but a determination of the status of right of way needed for the improvements and settlement with the contractors so as to enable completion of the Priority Public Improvements. The list of Priority Public Improvements described above could be expanded ar reduced depending on the Staffs estimate of costs and items of construction undertaken will depend on construction bids received and availability of funds far such purposes. Approximately $41,271,000 is in the Acquisition Fund and available for construction of the Priority Public Improvements. This amount will increase as interest payments are applied to the Acquisition Fund. Neither the City nor the Authority can provide any assurances as to (1) whether the City will be able to undertake and complete construction of the Priority Public Improvements or (2) if it can, the date when the City will be in a position to begin construction of the Priority Public Improvements and complete them. The Authority and City Staffs believe, however, that work would not commence prior to August 2008. The complexity of the preparatory work and the dependence on actions of third parties over which neither the City nor the Authority have control preclude a more definitive estimate of time for work to begin. FISCAL IMPACT: As of April 23, 2008, the balances in the following funds and accounts for the Bonds under the Fiscal Agent Agreement were as follows: Fund or Account Balance Administrative Expense Fund $507,546.21 Special Tax Fund $418,921.24 Reserve Fund $7,170,549.641 City Account of the Improvement Fund $1,162,287.73 EMWD Account of the Improvement Fund $1,510,420.88 Public Works Administration Account of the $695,241.05 Improvement Fund Acquisition Account of the Improvement Fund $41,271,102.71 Total $52,228,523.25 $3,412,374,62 of the amount in the Reserve Fund represents the proceeds of a draw on the debt service letter of credit issued by Ohio Savings Bank (with a confirmation by Citibank, N.A.) that was not renewed, and those funds are subject to release upon the satisfaction of certain requirements set forth in the Fiscal Agent Agreement. As discussed above, the Staff is working on a current estimate of the cost of the proposed list of Priority Improvements. The costs of bond counsel, disclosure attorneys, financial advisors and other professionals necessaryta effectuate the City's construction of the Priority Public Improvements as authorized by the Authority resolution will be paid from Special Taxes deposited into the Administrative Fund far FY 2008-09 and interest and penalties collected on the delinquent Special Taxes. All of the costs incurred by the Authority in dealing with the problems in the Project and the Bonds have been reimbursed by either Ashby USA LLC, the Special Taxes in the Administrative Fund or penalties and interest obtained in collection of the delinquent Special Taxes. ATTACHMENTS: Resolution No. 08- Map -Proposed City Constructed Public Amended and Restated Joint Community Facilities Agreement between the Temecula Public Financing Authority and the City of Temecula RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONSTRUCTION OF VARIOUS PUBLIC IMPROVEMENTS RELATED TO DEVELOPMENT IN RORIPAUGH RANCH AND RELATED ACTIONS, AND AUTHORIZING AND DIRECTING VARIOUS ACTIONS WITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT N0.03-OZ {RORIPAUGH RANCH} THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On December 17, 2002, the City of Temecula (the "City"} and Ashby USA, LLC (the "Developer"} entered into a Preannexation and Development Agreement (the "Development Agreement"} relative to the then proposed Roripaugh Ranch development in the City {the "Development"). Section 2. The Development Agreement required that various public infrastructure improvements (the "Public Improvements") be constructed as a condition to the issuance by the City of building permits for construction of residential and other nonpublic improvements in the Development, and with the issuance of additional building permits conditioned upon the completion of additional public infrastructure in the Development. Section 3. On January 11, 2005, the Board of Directors of the Temecula Public Financing Authority {the "Authority"} formed the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District"} in order to finance same of the Public Improvements {the "Facilities"}. Section 4. In connection with the formation of the District and the financing and construction of the Facilities, the City (a} entered into a Joint Community Facilities Agreement -City, dated as of January 1, 2005 {the "City JCFA"} with the Authority, pursuant to which the City agreed to accept certain Facilities upon their completion and to assist the Authority in administering the Acquisition Agreement, dated as of March 1, 2006 (the "Acquisition Agreement"}, between the Authority and the Developer; {b) entered into a Joint Community Facilities Agreement (Street Improvements}, dated as of November 1, 2004 {the "County JCFA"} with the County of Riverside (the "County"), the Authority and the Developer, pursuant to which, among other matters, the County agreed to accept certain of the Facilities upon their completion; and (c} entered into a Joint Community Facilities Agreement (Flood Control Improvements), dated as of November 1, 2004 {the "Flood Control JCFA" and, together with the County JCFA, the "Other Public Agency JCFAs"}, with the Riverside County Flood Control and Water Conservation District {the "Flood Control District"}, the County, the Authority and the Developer, pursuant to which, among other matters, the Flood Control District agreed to accept certain of the Facilities upon their completion. Section 5. On April 27, 2006, the Authority issued, for and on behalf of the District, $51,250,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-02 {Roripaugh Ranch) 2006 Special Tax Bonds {the "Bonds"), and entered into a Fiscal Agent Agreement, dated as of March 1, 2006 {the "Fiscal Agent Agreement") with U.S. Bank National Association, as fiscal agent {the "Fiscal Agent"), in order to provide funds to finance the Facilities, and a portion of the proceeds of the Bonds were deposited to an Acquisition Account established under the Fiscal Agent Agreement {the "Acquisition Account"} to be used to acquire certain of the Facilities, upon their completion, from the Developer. Section 6. Subsequent to the issuance of the Bonds, the Authority and the City were advised that some of the information regarding the Developer, and its members and their principals, used in connection with the marketing of the Bonds was inaccurate and incomplete, and the Authority then advised the Developer that various actions might need to be taken to correct the deficiencies in the offering materials for the Bands. Section 7. In December, 2006, the Authority and the Developer entered into a Deposit Agreement {the "Deposit Agreement") pursuant to which the Developer agreed to deposit funds with the Authority as needed to pay costs related to remedial actions with respect to the Bonds, and on March 6, 2007, the Authority and the Developer entered into a Supplement No. 1 to Acquisition Agreement {the Acquisition Agreement, as amended and supplemented by Supplement No. 1 to Acquisition Agreement, is referred to below as the "Revised Acquisition Agreement"), amending and supplementing the Acquisition Agreement in contemplation of a remarketing or other restructuring of the Bonds in light of the deficiencies in the information used in the offering materials far the Bonds. Section 8. Following the issuance of the Bonds, the Developer began construction of some of the Facilities, but has failed to complete some of the Facilities for which construction had commenced and has failed to commence construction of other Facilities that need to be completed in order for residential home construction in the District to proceed. Section 9. The City is willing to take over and complete the construction of some of the Facilities that have not been completed, and to undertake the construction of some of the other Facilities {collectively, the "Priority Public Improvements"}, if Bond proceeds and other amounts held under the Fiscal Agent Agreement can be made available to pay the costs related thereto, including all associated administrative, legal and other costs incident to the City moving forward with such construction {collectively, the "Priority Public Improvement Costs"}. Section 10. In order for the Bond funds to be available to pay Priority Public Improvement Costs, and for the City to otherwise move forward with the Priority Public Improvements the City JCFA needs to be amended and supplemented, and bond counsel to the Authority has drafted an Amended and Restated Joint Community Facilities Agreement -City {the "Amended City JCFA"} that sets forth the necessary amendments and supplements, and the City Council now desires to approve the Amended City JCFA, and to authorize the City Manager to execute it, all as necessary or desirable for the City to undertake the construction and completion of the Priority Public Improvements and for the Authority to fund {with amounts held under the Fiscal Agent Agreement} the Priority Public Improvement Costs. Section 11. In order for the City to move forward with the Priority Public Improvements subject to the Other Public Agency JCFAs, the Authority also needs to amend one ar both of the Other Public Agency JCFAs and/or enter into alternative arrangements with the County and/or the Flood Control District, and the City Council now desires to authorize the City Manager to enter into amendments to one or both of the Other Public Agency JCFAs and/or to enter into alternative arrangements with respect thereto, all as necessary or desirable for the City to undertake the construction and completion of the Priority Public Improvements and far the Authority to fund {with amounts held under the Fiscal Agent Agreement} the Priority Public Improvement Costs. Section 12. The City Council hereby approves the Amended City JCFA, in the form presented to the City Council at this meeting, and hereby authorizes the City Manager to enter into such agreement in said form, together with such changes therein as the City Manager, following consultation with the City Attorney, shall approve, the approval of such changes to be conclusively evidenced by the execution by the City of the Amended City JCFA. Section 13. The City Council hereby authorizes the City Manager to negotiate with the County, the Flood Control District and the Authority, amendments to the Other Public Agency JCFAs and/or alternative arrangements thereto as necessary or desirable, following consultation with the City Attorney, to best facilitate the construction and completion of the Priority Public Improvements. The City Council hereby authorizes and directs the Mayor to execute, and the City Clerk to attest, any such amendments or alternative arrangements as negotiated by the City Manager and approved as to form by City Attorney, so long as all obligations of the City thereunder are payable solely from amounts held under the Fiscal Agent Agreement or the proceeds of special taxes levied in the District. Section 14. The City Council hereby authorizes the City Manager, working with the Authority, to make offers of settlement with contractors that have constructed portions of the Priority Public Improvements on behalf of the Developer seeking payment for work performed on such improvements, such settlements to be funded from amounts in the Acquisition Account established under the Fiscal Agent Agreement, subject to the Authority and the City receiving full releases of liability and the release of any liens on the related Facilities. Section 15. The City Manager, for and on behalf of the City, is hereby authorized and directed, with assistance from the Director of Public Works and the City Attorney, to obtain any permits from other public agencies necessary to undertake and complete the Priority Public Improvements, with all costs related thereto to be payable solely from amounts in the Acquisition Account established under the Fiscal Agent Agreement or from the proceeds of special taxes levied in the District. Section 16. The City Manager is hereby authorized to negotiate the acquisition by the City of offers of dedication for rights of way and to obtain rights of way from the Developer and other property owners as necessary to complete the Priority Public Improvements, provided that all costs related thereto to be payable solely from amounts in the Acquisition Account established under the Fiscal Agent Agreement or from the proceeds of special taxes levied in the District. Section 17. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of May, 2008. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of May, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ° ,.~a., . A G~ Proposed City Constructed Public Improvements 60 >. T (Roripaugh Ranch CFD) ~i ._. , F °~ ~ ~ _ MURRIETq ~ "- - PA 1 I PA 8 A AP A 1 PA A 9 B PA B PA 4 B '°` A 6 PA 7A PA 11 PA 13 PA 12 ~~ PA 1 6 PA 1 7 ~ A 14 PA 1 PA 33 PA 3 INDI ~ PA 2 9 PA 1 PA 1 GATLI RD PL RD PA 27 PA 28 PA 31 J~-. A PA 24 PA 22 PA 23 P ~~ PJ ~ °~ ~ <F PA 32 PA 21 PA 20 TO cR o D T KAREN O-» ............... ~ GOZA i LN ~. _., ti T ~'..< ,, °~~`~M~~P City of Temecula <y. n~ ~, Geographic Information Systems O 250 500 x,000 1,500 Roripaugh Ranch Development ~"~ ~1' Tn n~ d even ctiofTaTa~~~a~aogrann~~~fo~Ta~o ~~ Tn n d df ea=a~~a Feet p d dtyN R d Cunry Assessors Departmen[and NeT p t[ ndL dM g en[Agen~y ~~0 19sv fR ~da~ ry Th Cry fTama~~~ee~~~ma~~o~Re~ryor~ 9 ~ n b~vf ~, f ~o~~o~~~ad 1 inch equals 1,302.63 feet on Ns map. DaL and nforma[ on represented on Ns map are subjec[[o update and mod f ca[ on. The Geographic ~ Proposed City Constructed Public Improvements s'°°" '°`°`~e°°°~~ame°°°~ar=°°r`~="°°'°°aq°a"a°`°r`"am°~`°~a°"°`°`~e°°° Tn~=men ~=~o~forranr~~~orra=a~a R:\GISWaronMWrcMap Projects\roripaugh_conditioned_improvements AMENDED AND RESTATED JOINT COMMUNITY FACILITIES AGREEMENT -CITY TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.03-02 (RORIPAUGH RANCH) This Amended and Restated Joint Community Facilities Agreement {the "Agreement"}, dated for convenience as of May 1, 2008, is by and between the Temecula Public Financing Authority {the "Authorit~'}and the City of Temecula {the "Participating Agency"}. RECITALS: WHEREAS, the Authority has formed the Temecula Public Financing Authority Community Facilities District No. 03-02 {Roripaugh Ranch) {the "CFD" }pursuant to the Mello- Roos Community Facilities Act of 1982, as amended {the "Act"}, and the Authority has issued bonds of the Authority for the CFD in the initial principal amount of $51,250,000 (the "Ponds") in order to finance various public improvements authorized to be financed by the CFD (the "Improvements'); and WHEREAS, some of the Improvements to be financed with proceeds of the Ponds are expected to be owned by the Participating Agency upon their completion and, in order to satisfy the requirements of Section 53316.2 of the Act, the Authority and the Participating Agency entered alto a Joint Community Facilities Agreement -City, dated as of January 1, 2005 {the "Original Agreement") with respect to those Improvements as identified in Attachment A to the Original Agreement; and WHEREAS, at the time of execution of the Original Agreement, it was expected that Ashby USA, LLC (the "Developer'') would construct some of the Improvements and the Authority would use Pond proceeds to acquire completed Improvements from the Developer, all as provided in an Acquisition Agreement {the "Acquisition Agreement") between the Authority and the Developer; and WHEREAS, the Original Agreement provided, among other matters, that the Participating Agency would assist the Authority in connection with the implementation of the Acquisition Agreement; and WHEREAS, the Acquisition Agreement was amended and supplemented by the Authority and the Developer pursuant to a Supplement No. 1 to Acquisition Agreement, dated as of March 6, 2007 {the Acquisition Agreement, as so supplemented and amended, is referred to herein as the "Revised Acquisition Agreement"), and the Revised Acquisition Agreement was subsequently terminated by the Authority; and WHEREAS, it is now expected that the Participating Agency will complete the construction of, and will construct, some of the Improvements, and the Authority and the Participating Agency now desire to amend and restate the Original Agreement to, among other -1- matters, provided for payment by the Authority of costs incurred by the Participating Agency related to any Improvements completed and/or constructed by the Participating Agency. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and mutual covenants set forth below, the parties hereto do hereby agree that the Original Agreement shall be amended and restated in whole to read as follows: Section 1. Reservation of Bond Funds. The Authority has deposited a portion of the proceeds of the Bonds in an Acquisition Account within an Improvement Fund established for the CFD (said Acquisition Account being referred to below as the "Improvement Fund"), and amounts in the Acquisition Account are not pledged as security for the Bonds. The Authority shall have no obligation to pay for any of the costs of the Improvements, including but not limited to any costs of planning, acquisition, construction, installation or inspection of the Improvements, except from amounts in the Acquisition Account. Section 2. Construction of Improvements. The Participating Agency, in its discretion, may determine that it will complete the construction of, or construct, certain of the Improvements. To the extent that the Participating Agency incurs expenses in connection with the design, construction, completion, inspection and/or acceptance of the Improvements that it determines that it will complete and/or construct {including, but not limited to, an allocable share of City employee costs and overhead expenses related thereto}, such expenses shall be reimbursed by the Authority to the Participating Agency from amounts in the Improvement Fund upon presentation of invoices to the Treasurer of the Authority as to the nature and amount of such costs and expenses. Section 3. Acceptance. The Participating Agency shall cause inspections to be made during the construction of the Improvements that it agrees to construct in accordance with its customary procedures for construction projects of a similar nature. The Participating Agency shall own and operate any Improvements that it completes and/or constructs, unless another public agency accepts title thereto. The Authority shall have no obligation to at any time own or operate any of the Improvements. Section 4. Limited Obligations. All obligations of the Authority under and pursuant to this Agreement shall be limited to the amounts on deposit in the Improvement Fund described in Section 1 above. No Boardmember, officer or employee of the Authority shall in any event be personally liable hereunder. Section 5. Termination. This Agreement shall terminate upon the earlier of the date on which there are no longer any funds on deposit in the Improvement Fund, or the date of completion of the Improvements and the payment of any costs of the Participating Agency related thereto. Section 6. Partial Invalidity. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. -2- Section 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement is for the sole benefit of the Authority and the Participating Agency and their successors and assigns, and no other person or entity shall be deemed to be a beneficiary hereof or have an interest herein. Section S. Replacement of Orin~greement. This Agreement amends and restates the Original Agreement in its entirety; and, upon execution hereof by the Authority and the Participating Agency, the Original Agreement shall terminate and no longer be in effect. Section 9. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature below. CITY OF TEMECULA {the "Participating Agenc~') Date of Execution: May _J Zoos By: Attest: By. City Clerk Mayor TEMECULA PUBLIC FINANCING AUTHORITY (the "Authority"} Date of Execution: May _ ,Zoos By: zooo9.01:19~01 Executive Director -4- ITEM RI~J. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: May 13, 2008 SUBJECT: Contract for Audit Services for the Fiscal Years Ended June 30, 2008, 2009, and 2010 PREPARED BY: Jason Simpson, Assistant Finance Director RECOMMENDATION: That the City Council: Approve an agreement with Lance, Soll and Lunghard, LLP, Certified Public Accounts, to serve as the City's auditors for the fiscal years ended June 30, 2008, 2009, and 2010 for annual contract amounts of $43,400, $44,610, and $45,860, respectively. Approve a 10% contingency amount far the three year period. Appoint the Mayor to meet with the auditors in order to comply with new auditing standards. BACKGROUND: On May 10, 2005, the City authorized an extension of three years to Diehl, Evans and Company, to serve as the City's auditors under athree-year contract, ending June 30, 2007, bringing the total years of service to six years. During the last two months, City staff solicited proposals from area audit firms in order to ascertain whether the City is receiving market pricing for services and to determine who the most qualified firm is in order to meet the City's needs at this time. The City received six responses to our request for information, and City staff interviewed three firms. While Diehl, Evans and Company have been a valuable resource, Citystaff believe that a change in auditors is appropriate at this time in order to have an independent review of the City's financial position with a "fresh" perspective in order to ensure the City's financial reporting requirements are being met. As such, City staff has selected Lance, Soll &Lunghard, LLP, Certified Public Accountants, to serve as the City's auditors for the next three years. The proposed audit fees have increased modestly by 4.6%, bringing the current fee of $41,700 to $43,400. The increase is primarily due to the recent changes by the Auditing Standards Board (AS B) when they issued Statements on Auditing Standards (SAS) 114 regulations which require more risk assessment testing bythe auditors and communication with the governing body regarding the City's financial reporting results. In the wake ofwell-publicized audit failures and emerging best practices in corporate governance, expectations have increased for auditors to communicate openly and candidly with those charged with governance regarding significant findings and issues related to the audit. The Auditing Standards Board (ASB} believes SAS 114 is responsive to the issues and expectations of the community and will improve audit practice and serve the public interest. The additional standards require that the auditor meet with a council representative or representatives to discuss the planning and final phases of the audit. It is anticipated that the auditor will meet with the Mayor in early June to coincide with planning the audit and October to coincide with finalizing the audit. Engagement Service a. City of Temecula b. Temecula Redevelopment Agency c. Single Audit d. GANN Limit* e. State Controller Report (City) f. State Controller Report {RDA) Total All-Inclusive Price *Included in cost of City Audit Fiscal Year Ending June 30, 2008 2009 2010 $33,560 $34,570 $35,610 $4,790 $4,930 $5,080 $2,050 $2,110 $2,170 $0 $0 $0 $1,750 $1,750 $1,750 $1,250 $1,250 $1,250 $43,400 $44,610 $45,860 FISCAL IMPACT: Funds for the proposal have been budgeted in both the Finance Department and Redevelopment Agency proposed FY2008-09 budget under consulting services line item. ATTACHMENTS: Agreement for Professional Services between City of Temecula and Lance Soll & Lunghard, LLP, for Audit Services FINO7-08 AGREEMENT FOR PROFESSIONAL SERVICES BETNIEEN THE CITY OF TEMECULA AND LANCE SOLL & LUNGHARD LLP FOR AUDIT SERVICES THIS AGREEMENT is made and effective as of May 13, 2008, between the City of Temecula ("City"), a municipal corporation, and Lance Soll & Lunghard LLP ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on May 13, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010, unless sooner terminated, pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the Agreement for two (2) additional term(s). In no event shall the Agreement be extended beyond June 2012. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year based on the negotiated proposal and City Council approval. 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. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty-Three Thousand Four Hundred Dollars and No Cents ($43,400.00) for the first year audit, Forty-Four Thousand Six Hundred Ten Dollars and No Cents ($44,610.00) for the second year audit and Forty-Five Thousand Eight Hundred Sixty Dollars and No Cents ($45,860.00) for the third year audit Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. R:\FinancelAgreementsandContractsWgreements.07-08.A LV~udit Srvcs.LSL.07-08 c. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement, but in no event shall the total sum of the Agreement exceed the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. d. 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 Consulant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant, at least ten (10) days prior, written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section 4 above. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager, or his delegate, determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (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. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the 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 2 representatives of the City, or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City, and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, Agency, and/or District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Agency, andlor District, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City, Agency, and/or District. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by 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, anon-owned auto endorsement to the General Liability policy described above is acceptable. (3) Workers' 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, Workers' 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 profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million ($1,000,000) per occurrence far bodily injury, personal injury and property damage. If Commercial 3 General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. (3) Workers' Compensation as required by the State of California; Employer's Liability: One million dollars {$1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles ar self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: {1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. {2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3} Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this Agreement shall be endorsed to state: "Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City." (6} If insurance coverage is canceled or reduced in coverage or in limits, the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor notify the City, via certified mail, return receipt requested, of the changes to or cancellation of the policy. 4 e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of na 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 forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 1Q. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant, shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur ar have the power to incur any debt, obligation ar liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law ar in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager, or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement, or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. 5 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. 13. 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, ar (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 Clty: Mailing Address: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager -or- Physical Address: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant:Lance Soll & Lunghard LLP Certified Public Accountants 203 North Brea Boulevard. Ste 203 Brea, CA 92821 Attention: Richard K. Kikuchi, CPA, Partner 14. 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. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full farce and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. 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 6 determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. 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 Consultant, or Consultant's sub-contractors for this project, during hislher tenure, or for one year thereafter. The Consultant 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 Consultant or Consultant's sub-contractors on this project. Consultant 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. 18. 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. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Cansultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney 7 CONSULTANT: Lance, Soll & Lunghard, LLP BY: (Signature) NAME: {Printed Named} TITLE: BY: (Signature) NAME: {Printed Named) TITLE: (Two Signatures are Required far Corporations) Name of Contact Person at Company: Richard K. Kikuchi, CPA, Partner Mailing Address of Company:203 North Brea Boulevard, Ste. 203, Brea, CA. 92821 Telephone No. of Company:{714) 672-0022 Facsimile No. of Campany:(714) 672-0331 8 EXHIBIT A TASKS TO BE PERFORMED and PAYMENT RATES AND SCHEDULE All tasks and payment schedule as per the attached proposal and a-mail provided by the Consultant attached hereto and incorporated herein as though set forth in full. 9 LANCE SOLL & LUNGHARD LLP UPDATED PROPOSED AUDITING FEES Engagement Service a. City of Temecula b. Temecula Redevelopment Agency c. Single Audit d. GANN Limit* e. State Controller Report {City} f. State Controller Report {RDA} Total All-Inclusive Price 2007-08 2008-09 2009-10 $33, 560 $34, 570 $35, 610 $4, 790 $4, 930 $5, 080 $2, 050 $2,110 $2,170 $o $o $o $1,750 $1,750 $1,750 $1,250 $1,250 $1,250 $43, 400 $44, 610 $45, 860 *Included in cost of City Audit Hourly Rates For Additional Consulting Services Partner $190/hour Manager $114/hour Senior Auditor $95/hour Staff Auditor $85/hour Note: Updated Fee Schedule Per E-mail Received From LSL Dated 4/7/08 10 Certified Public Accountants Proposed Auditing Fees The auditing fees proposed below are based upon information received regarding the financial statements of the City of Temecula. Should operations of the entity change significantly, from those present at June 3Q 2007, then the fees shown herein would be subject to further negotiation. Additionally, the fees are based upon the assumption that accounting functions would be performed and minimal adjustments would be required. To the extent that this is nol the case, the fees shown would be subject to further negotiation. For purposes of this proposal, Lance, Soll & Lunghard, LLP certifies that the individual signing below is a general partner in the partnership and empowered to submit this bid. Additionally, this individual is authorized to execute a contract with the City of Temecula for the services specified in this proposal. Engagement Service 2007-08 2008-09 2009-10 a. City of Temecula $33,560 $34,570 $35,610 '. b. Temecula Redevelopment Agency $4,790 $4,930 $5,080 c. Single Audit $2,050 $2,110 $2,170 d. GANN Limits ~ 0 S p $ ~0 Total All-Inclusive Price 40 4 U ~ $42.860 *Included in cost of City audit Hourlv Rates For Additional Consulting Services Should the City of Temecula require additional services above and beyond the scope of this proposal, the hourly rates Lance, Soll & Lunghard, LLP utilizes will be based on the following: Partner $ 190/hour Manager $ 114/hour Senior Auditor S 95/hour Staff Auditor $ 85/hour Again, we appreciate the opportunity to submit this proposal for the City of Temecula audit. /~ '''--"cam ~ RICHARD K. KIKUCHI, CPA PARTNER i 11 S('HEI FOR 7'H )TTT,F. OF PRUF'F SSTnNA E ATTpIT OF THE 2(1(18 F i fir, e ~ ntn ~ INAN TAT ST ~-n ~c>; c ATIJ NT,4 Standard (2uoted Hourly Hourly Hours Rate Rate ** Total Annual Total Partners 30.00 200.00 190.00 $ 5,700.00 Mattagers 38.00 120.00 114.00 4,340.00 Supervisory staff 118.00 100.00 95.00 11,210.00 Staff 224.00 90.00 85.00 I9,150.00 Other (specify) Subtotal 410.00 510.00 484.00 40,400.00 Total for services described in narrative section of RFP Out-of-pocket expenses: Meals and lodging Transportation Report word processing and printing Uther (specify) Total all-inclusive maximum price for 2008 audit Note: The rate quoted should not be presented as a general percentage of the standard houriy rate or as a gross deduction fzom the total all-inclusive maximum ** Amounts in this column have been computed from the total cost for each staff category and rounded to even dollars; therefore, the Total Column will not compute. Any difference in the total has becn shown as zounding. 40,400.00 Included Included Included Included $40,400.00 12 Nature ~f Service To R .Provided City of Temecula ~['ota! Prsr $33,560.00 CRA 4,790.W Sin£le Audit 2,050.00 GANN $40,400.00 13 SCHF,DITI,F. OF PROFFCCiONAI FFFS AI~TD EXPENSES FOR THE AL1biT l1F Tj~' 200$ FINANCIAi CT~TFMFNTS Standard Quoted Hourly Hourly Hours Rate Rate ** Total City of Temecula Pazlners 24.00 200.00 190.00 S 4 560.00 Managers 32.00 120.00 114.00 , 3,650.00 Supervisory staff 94.00 100.00 95.00 8,930.00 Staff 192.00 90.00 86.00 16,420.00 Subtotal 342.00 510.00 485.00 33.560.00 Meals and lodging Included Transportatio^ lncluded Report word processing and printing Included Other (specify) Included Tota] 33,560.00 Redevelopment Agency Partners 4.00 200.00 190.00 760.00 Managers 4.00 120.00 115.00 460.00 Supervisory staff 16.00 100.00 95.00 1 520.00 Stai'f 24.00 90.00 85.00 , 2,050.00 Subtotal 48.00 510.00 485.00 4,790.00 Meals and lodging Included Transportation Included Report word processing and printing Included Other (specify) Included Total 4,790.00 Single Audit: Pariners 2.00 200.00 190.00 380.00 Managers 2.00 120.00 115.00 230.00 Supervisory staff 8.00 100.00 95.00 760.00 Staff 8.00 90.00 85.00 680.00 Subtotal 20.00 S10AU 485.00 2,050.00 Meals and lodging Included Transportation lncluded Report word processing and printing Included Other (specify) Included Total 2.050.00 Note: 'lfie rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross d eduction from the total all-inclusive maximum. , '~~' Amounts in this column have been computed from the total cost for each staff category and rounded to even dollazs; therefore, the Total Col umn will not compute. Any difference in the total has been sho wn as rounding. 14 SCHEDULE OF PROFESSIONAL FEES A~~ F,7(PENSES FOR 1~'LSCAL I'E.~R 2008 Standard Quoted Hourly Hourly GANN: Hours Rate Rate ** Total Partners 200.00 $ _ Managers 120.00 Supervisory staff 100.00 Staff 90.00 Subtotal 510.00 Meals and lodging Included Transportation Included Report word processing and printing Included (Tther (specify) Included Total Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross dc;duction from the total all-inclusive maximum. ** Amounts in this column have been computed from the total cost for each staff category and rounded to even dollars; therefore, the Total Column will not compute. Any difference in the total has been shown as rounding. 15 C('AFn FOR TH iII F (jF PRnF CCinNA F. AimiT F THR 21109 F T FFFC A~ FX INAN 'JAi CTA Standard P '1VCFC TFMFNTC Quoted Hourly Hourly Hours Rate Rate *'~ Annual Total Partners 30.00 200.00 196.OU Managers 38.00 120.00 118.00 Supervisory staff ] 18.00 100.00 98.00 Staff 224.00 90.00 88.00 Other (specify) Subtotal Total for services described in narrative section of RFP (Detail on subsesquent pages) Out-of-pocket expenses: Meals and lodging Transportation Report word processing and printing Uther (specify) Tota] all-inclusive maximum price; for audit Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum. ** Amounts in this column have been computed from the total cost for each staff category and rounded to even dollars; therefore, the Total Column will not compute. Any diffezence in the total has been shown as rounding. Total $ 5,870.00 4,470.OU 11,550.00 19,720.00 410.00 S 10.00 500.00 41,6 ] 0.00 41,610.00 Included Included Included lucluded $41,610.00 16 Natnre of Rervi PTO }3e Prnvirin~i Total Price City of Temecula 534,570.00 CRA 4,930.00 Single Audit 2,110.00 GANN Sol ,610.00 17 SCHEDiILE OF PROF'FSSIONAj. FF:FS AND F.XPF.NSFS 2 TR Standard Quoted Hourly Hourly Hours Ratr. Rate ** Tnrot City of Temecula Partners 24.00 200.00 196.00 $ 4,700.00 Managers 32.00 120.00 118.00 3,760.00 Supervisory staff 94.00 100.00 98.00 9,200.00 Staff 192.00 90.00 88.00 16,910.00 Subtotal 342.00 510.00 500.00 34,570.00 Meals and lodging Included Transportation Included Report word processing and printing Included Other (specify) Included Total 34,570.00 Redevelopment Agency Partners =1.00 200.00 195.00 780.00 Managers 4.00 120.00 118.00 470.00 Supervisory staff 16.00 100.00 98.00 1,570.00 Staff 24.00 90.00 88.00 2,110.00 Subtotal 48.00 510.00 499.00 4,930.00 Meals and lodging Included Transportation Included Report word processing and printing Included Other (specify} Included Total 4,930.00 Single Audit: Partners 2.00 200.00 195.00 390.00 Managers 2.00 120.00 120.00 240.00 Supervisory staff 8.00 100.00 98.00 780.00 Staff 8.00 90.00 88.00 700.00 Subtotal 20.00 510.00 501.00 2,110.00 Meals and lodgine° Included Transportation included Report word processing and printing Included Other (specify) Included Total 2,110.00 Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross d eduction from the total all-inclusive maximum. ** Amounts in this column have been computed froth the total cost for each staff category and rounded to even dollars; therefore, the Total Column will not compute. Any difference in the total has been shown as rounding. 18 SCHF.D IlI,F. ()F PRON'RSSiONAi FFNC AND X Standard PF, T4F4 Quoted Hourly Hourly Hours Rate Rate ** Total GANN: Partners 200 t;0 ~ _ Managers 120.00 Supervisory staff 100 00 Staff 90.00 Subtotal 510.00 Meals and lodging included Transportation Included Report word processing and printing Included Uther (specify) lncludcd Total Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum. ** Amounts in this column have been computed from the total cost for each staff category and rounded to even dollars; therefore, the Total Column will not compute. Any difference in the total has been shown as roundung. 19 SCHED FOR TH Lii_.E OF PROFFCCInNA F. AL I'f OF THE 2n10 F T FFrc ANn FB `Il\TAN('IAI 4 A PENc,w c TF1l'~1VTS Standard Quoted Hourly Hourly Hours Rate Rate ** Total Annual Total Partners 30.00 200.00 201.00 $ 6,040.00 Managers 38.00 ] 20.00 121.00 4,600.00 Supervisory staff 118.00 100.00 101.00 11,900.00 Staff 224.00 90.00 91.00 20,310.00 Other (specify): Rounding 10.00 Subtotal 410.00 510.00 514.00 42,860.00 Total for services described in narrative section of RFP (Detail on subsesquent pages) 42,860.00 Out-of-pcx;ket expenses: Meals and lodging Included Transportation Included Report word processing and printing Included Other (specify) included Total all-inclusive maximum price for audit $42,860.00 ~. Note: The rate quoted should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum. ** Amounts in this column have been computed from the total cost for each staff ' category and rounded to even dollazs; therefore, the Total Column will not compute. Any difference in the total has been shown as rounding. 20 SCI~:AULE OF PROFFSCIO~yAt" FFFR AND FXPFNCF~ ~' T R DrS('.RiRF.D IIV RFO Nature of 4crvice To Re Prnvid d City of Temecula Total Price 535,610.00 CIZA 5,080.00 Single Audit 2,170.00 GAi\N $42,860.00 21 SCIII:DiJi,F. OF PROFF4. IONA i FFFS AIV~ FX PE1~'4FS FOR THE AUD IT OFTHF. .nynF lweivrrer c~r~~r ~t-,rcr~rrc Standard Quoted Hourly I-Iourly City of Temecula: hours Rate Rate ** Total Partners 24.00 200.00 202.00 $ 4,840.00 Managers 32.00 120.00 1.21.00 3,870.00 Supervisory staff 94.00 100.00 101.00 9,480.00 Staff 192.00 90.00 91.00 17,426.00 Subtotal 342A0 510.00 515.00 35,610.00 Meals and lodging Included Transportation Included Report word processing and printing Included Other (specify) Tncluded Total 35,610.00 Redevelopment Agency Partners 4.00 200.00 200A0 800.00 Managers 4.00 120.00 120.00 480.00 Supervisory staff 16.00 100.00 101.00 1,620.00 Staff 24.00 90.00 90.00 2,170.00 Rounding ] 0.00 Subtotal 48.00 510.00 511.00 5,080.00 Meals and lodging Included Transportation Included Report word processing and printing included Other (specify) Included Total 5,080.00 Single Audit: Partners 2.00 200.00 200.00 400.00 Managers 2.00 120.00 125.00 250.00 Supervisory staff 8.OU 100.(10 100.00 800.00 Stiff 8.00 90.00 90.00 720.00 Subtotal 20.00 510.W 515.00 2,170.00 Meals and lodging Included Transportation Included Report word processing and printing Included Other{specify) Included Total 2,170.00 Note: The race quoted should not he presented as a general percentage of the standard hourly rate or as a gross d eduction from the total all-inclusive maximum. i ** Amounts in this column have been computed from the total cost. for each staff category and rounded to even dollars; therefore, the Total Colu mn will not cotnpute. Any difference in the total has been sh own as rounding. 22 SCHFDU?.F OF PR OFF.S4IO1VAi FFF4 AND FX PF TI~SN 'S~' FOR THF; AUDIT O F THE 20]0 FiNAN(`rAI 4'fA _ TFMFNTQ Standard Quoted Hourly Hourly GANN: Hours kale Rate ** Total Partners 200 pp ~ Managers 120 ()U Supervisory staff 10000 Staff 90 00 Subtotal 510.00 Meals and lodging Included Trattsportation Included keport word processing and printing Included Other (specify) Included Total Note: The rate gaoled should not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum. ** Amounts in this column have been computed from the total cost for each staff category and rounded to even dollars; therefore, the Total Column will not compute. Any difference in the total has been shown as rounding. 23 Fage 1 of 2 Jason Simpson From: Richard Kikuchi (richard.kikuchi@Islcpas.comj Sent: Monday, April 07, 2008 2:20 PM To: Jason Simpson Subject: RE: City of Temecula -Followup Question Hi Jason, They were not included in my proposal. Should you have LSL prepare these reports, the cost would be as follows: City SCR $1,750 and RDA SCR $1,250. Please let me know if you need any further clarification. Thanks Rich Kikuchi, Partner Lance, Soll & Limghard, 1,L,F 203 N. Brea Blvd, Suite 203 Brea, CA 92821-4056 Tel. No. (714) 672-0022 H'ax Vv. 714 672-0331 From: Jason Simpson [mailto:Jason.Simpson@cityoftemecula.org] Sent: Monday, April 07, 2008 2:03 PM To: Richard Kikuchi Subject: City of Temecula -Followup Question Mr. Kikuchi: Based upon a preliminary review of the proposals submitted, I need clarification whether your proposal includes preparation of the State Controller's Reports for the City and RDA. ]sit included? If not, what would be the estimated cost for both. Flease advise at your earliest convenience. Feel free to contact me to discuss at 951.6)4.6430. Sincerely, JASON SIMF'SON City of Temecula, California i Assistant Finance Director Finance Departrnent 43200 Business Park Drive Temecula, California 92589-9033 05/02/2008 24 ITEM RI~J. 7 Approvals City Attorney Director of Finance S~~ City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: May 13, 2008 SUBJECT: Acceptance of Improvements and Notice of Completion for Phase II of the Maintenance Facility Expansion Field Operations Center, Project No. PW03-06 PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP David McBride, Senior Engineer -CIP RECOMMENDATION: That the City Council: Accept Phase II of the Maintenance Facility Expansion Field Operations Center, Project No. PW03-06, as complete; and 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; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed; BACKGROUND: This project involved the construction of a 17,747 square foot two story building with a two vehicular pull through entries/work areas, a workshop area, conference & training room, office space, break room, and restrooms as well as exterior amenities that include vehicle wash bays, covered parking and secure bulk storage areas. This structure has provided some relief to the overcrowding within the existing City Hall and Maintenance Facility structures and provided permanent operating space for the majority of the City's maintenance and field personnel. On July 25, 2006 the City Council awarded the projects' construction contract to Tovey Shultz Construction, Inc. in the amount of $6,690,000.00 and authorized a contingency in the amount of $669,000.00, 10% of the contract amount, for a total authorization of $7,359,000.00. The project had $396,963.99 in change orders bringing the final cost of construction to $7,086,963.99. With regard to changes over the original contract amount, these expenses relate to design revisions or providing various enhancements to the facility. More specifically, a few of the larger expenses involved upgrading the fire alarm/detection system, installing a mainline gas connection, procurement and installation of an extensive network of operational storage racks and shelving, and security enhancements for the facility. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one (1} year from the date the City obtained "beneficial use" {i.e. November 5, 2007} of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Maintenance Facility Expansion Field Operations Center, Project PW03-06 is a Capital I mprovement Project funded by Capital Project Reserves and Development Impact Fees {DIF) for corporate and public facilities. The total construction cost was $7,086,963.99. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Tovey Shultz Construction, Inc. (18261 Collier Avenue, Unit A, Lake Elsinore, CA 92530) to perform the following work of improvement: MAINTENANCE FACILITY FIELD OPERATIONS CENTER (Project No. P1N03-06) 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on Mav 13, 2008. That upon said contract the Safeco Insurance Company of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: MAINTENANCE FACILITY FIELD OPERATIONS CENTER (Project No. PW03-06) 6. The location of said property is: 43230 Business Park Drive, Temecula, California 92589 Dated at Temecula, California, this 13t" day of Mav, 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 13t" day of May, 2008. City of Temecula Susan W. Janes MMC, City Clerk C:~Program Files (x86 }1Neevia.Com~Docurnent Conver[erltemp1879672.doc ©uplicate Original; Supersedes Bond dated on 09111f07 Bond No. 6413884 Premium: included in Performance Bond CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW03--©6 MAINTENANGE FAC1LfTY FIELD OPERATIONS CENTER -PHASE Il KNOW ALL PERSONS BY THESE PRESENT THAT: ToveyfShultz Construction, Inc. 18261 Collier Avenue, Unit A, Lake Elsinore, CA 92530 a Corporation ,hereinafter called Principal, and (fitt in whether a Corporation, Partnership orlndfvidualj Safeco Insurance Company of America 330 N. Brand Blvd., Ste 680, Glendale, CA 91203 NAME AND ADDRESS OF SURETY hereinafter caked SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of six Hundred sixty wane Thousand DOLLARS and No CENTS ($ 669,000.00 ) in (awful money of the United States, said sum being not less than ten (10%} of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the zstn day of Judy 2x706, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW03- 06, MAINTENANCE FACILITY FIELD OPERATIONS CENTER - PHASE II. WHEREAS, said Contract provides #hat the Principe! wil! furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the fine! estimate approved on _ 2008. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract sha11 disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfu{ly enforcing this obligation, ail to be taxed as casts and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteratian, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this z~tn day of April , 2Q08. (Sea() SURETY Safeco In of America APWROVED AS TO FORM: By: (Hama) Peter M. Thorson, City Attorney ~, PO~~~ SAFECdINSUf2ANCECrJMPANYOFAPAE{?ItA GENL~Ai_!lvsur~Ar1~E cor~lPr~rvv ~~ n~lE~lcA r ~3F ~TTt7RNEY Horn= or=r=lc= sp.F~cc Fi~.za seArf~"4~~Asf;iN~:~Tor.~ ar~1es KNOWALL BY THESE PRESENTS: No, 92861 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AR,'IERiCA, each a Washington corporation, does each hereby afipoint ***************'uVILLIAMSYRIfIt~T; REL?~CdAI•LAF.S-BATES; SERGIdBECIiAF2A;LEONARDZIMINSKY; CLdEBIERMAtd; Irvine, Catif+;mria***'~****e'~**+~**** its true and lawful attorneys}-in-fact, with full authority to execute an its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, ar~d to brad±he respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY Of AMERICA have each executed and attested these presents this l3f}~ day of ~~'~-e_0..o1 SECRETARY .~ MIKE1 2065 1 PRESidENT CERTIFICATE Extract from the ?y-Law> of SAFECO INSURANCE COMPANY OF AMERICA and cf GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13 - F3DELITY AND SURETY 80NDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authonfy to appoint individuals as attorneys-in-fact or under ether approphate titles with authority to execute an behalf of the campany fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instntment making or e~'idencing such appointment, the signatures maybe affixed by facsimile. On any instrument conferring such authority or an any bond or undertaking of the company, the seal, ar a Facsimile thereof, may ba impressed or off#xed or in any athr;r manner reproduced, pravideci however, that the sea! shall net be necessary to the validity of any such instrument ar undertaking."' Extract from a Reso3utian of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY QF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i} The provisions ofArticte V, Section i3 ofthe By-Laws, and (ii} A copy of the power-of-attorney appointment, executed pursuant thereto, and (lily Certifying that said power-of-attorney appointment is in fuEl farce and efset, the signature of the certifying officer may be by facsimile, and the seal efthe Company may be a facsimile thereof." E, Christine IUead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts ofthe Ey-Laws and of a Resolution cf the Board of Directors ofthese corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the E3y-Laws, the Resolution and the Power of Attorney are still in full farce and effect. IN WITNESS V41-IEREOF, I havo t,ar~uunto set my hand and affixed the facsimile seal of said cgrpnratian this 25th day of April . 20pg ~I?Ai, ~~ t~~1 EL `;-II3?4,'SA_=r` 2;071 Cif ~~-s~.~ C!-€RISTINE MEACI. SECRETARY ~1A registered trademark 'n SkFECd Csrpertias~ 011 i ~1i005 F'L~F CALIFORNIA ALL-PURPOSE AOKNOWLEDGMENT STATE OF CALIFORNIA County of Los Angeles __ On ____ 04!25/08 _ before me, Ar#uro Abarca,~Notar}f Public _ ~Da+e Here Insert Name anct Title of the Offscer personally appeared William S rkin _______ _ Name(s) of Signer(s) ~~r~ ~~£~ A~~AR";A ~~~~ ="~. ~~rna~~is~3?'r i S~vT ~'4 ~~ ~ ~~,~~~ Note ~a~9ic, a c~°i;ornie~ 4 ~~ ,: ~ tcs Ar~etes ~at~rst°x~ Place Notary seal Above who proved to me on the basis of satisfactory evidence to be the person(-) whose name{s} is/-ate subscribed to the within instrument and acknowledged to me that hei~fef#i~eq executed the same in hisf ,heir authorized capacity~+es}, and that by hisl#e~#~ir signature fsj on the instrument the person(}, ar the entity upon behalf of which the person(-s3 acted, executed the insirumerrt. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a d o i ' sell. Signature _ _ ~~- Signature of Notary Pubrie OPTIONAL Though the information below is trot required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documen#. Description of Attached Document Title or Type of Document: Document Date: _ _ ~~.__-,._ Number of Pages: ~_-._.-.~ Signer(s) Other Than Named Above; _ __ ,._.. _~.~._-, _._ Capacity(ies) Claimed by Signer(s) Signer's Name:__~ ^ individual ^ Corporate Officer --- Title(s);- Partner- ^ Limited ^ Genera! ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator C~ Other: Signer Is Representing: Signer's Name: ^ Individual ^ Corporate Officer ---Ti#lets)_ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer is Representing: ~i~L~`.tS'~E~`~t;^~±c>`~.^~f.`C:~.`~%C:'~%C.'~K'`~f:`C~^!~i~.'~C.+C'~:`~'`~~(:`~''~`~'~~ :'~U''~.`~G.~v'':~c :c,'~~ Y"s:^~_»~'~`.?%`~:~c,~='~C;~` 22Gb; NeStral Notary p:5SOCSaFl9f1. 9354 0~ ~oio Avs., P.O. Box 2442 • GtE4aswurth, CR 3t3t3~s02 • wNw.Natfcna;~:otar+~-o~~n ito=r =~ ~~;7 Rv3rder: Cai( Tclt-F`res t-.SOG S%6-627 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW03-06 MA/NTENANC-E~ FACILITY FIELD OPERATIONS CENTER -PHASE 11 This is to certify that I (hereinafter the "CONTRACTOR") declares to the City of Temecula, under o ,that helshefit has paid in full for all materials, supplies. labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR'S agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW03-O6, MAINTENANCE FACILITY FIELD OPERATIONS CENTER -PHASE 11, situated in the City of Temecula, State of California, more particularly described as follows: ~~2~n ~aSin ~S (irk Dr~, T-emPCUlar C~ q2~9 INSERT ADDRE. S OR SCRIBE LOCATION F WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR -- Dated: ~I~Z5~0~, 8~.~ - - ~ = - ianaur -d Print Name ~ i le RELEASE R~1 R:ICIPPROJECTSWNU3k - PYd03-06 City RaLMaint. Fatity E~ansim -Phase 71Spea~hase IIWWD3-06 Ph II BA Specs.doc ITEM Na. S 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: May 13, 2008 SUBJECT: All-Way Stop Control -Walcott Lane and Klarer Lane PREPARED BY: Ali Moghadam, Principal Engineer -Traffic RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-WAY STOP CONTROL AT THE INTERSECTION OF WALCOTT LANE AND KLARER LANE BACKGROUND: The City received a request to review the feasibility of installing an all- way stop control at the intersection of Walcott Lane and Klarer Lane, to provide right-of-way assignment and mitigate visibility constraints at the intersection. The Manual on Uniform Traffic Control Devices (MUTCD) indicates that aMulti-Way Stop installation may be useful at locations where the volume of traffic on intersecting roads is approximately equal and/or where a combination of high speed, restricted sight distance and an accident history indicates that assignment of right-of-way is necessary. A multi-way stop warrant analysis was performed to determine if the minimum warrant criteria forthe installation of an All-Way Stop Control were satisfied. Although the analysis indicates that the existing volumes are considerably lower than the applicable criteria for multi-way stop signs, an All-Way Stop Control is justified at the intersection of Walcott Lane and Klarer Lane based on limited visibility, the need for conflicting cross traffic to stop, and increased volumes on Walcott Lane. At their meeting of April 24, 2008, the Public/Traffic Safety Commission considered the request and approved (5-0) the staff recommendation to establish an All-Way Stop Control at the intersection of Walcott Lane and Klarer Lane. FISCAL IMPACT: Funds are available for the installation of signs and associated pavement markings in the Public Works Signing and Striping Account. ATTACHMENTS: Resolution No. 08-_ Exhibit "A" -Location Map Exhibit "B" - PubliclTraffic Safety Commission Agenda Report -April 24, 2008 RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL-1NAY STOP CONTROL AT THE INTERSECTION OF WALCOTT LANE AND KLARER LANE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council has considered the facts justifying the need for stop signs proposed for the location described in this resolution. A. The City Council hereby finds and determines that installation of stop signs pursuant to this resolution will enhance the public health, safety, and general welfare at this location, and B. The City Council hereby finds the proposed stop signs will not create any adverse conditions in the area. Section 2. Pursuant to Section 10.12.100 of the Temecula Municipal Code, the following All-Way Stop intersection is hereby established in the City of Temecula. Walcott Lane and Klarer Lane A. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of May, 2448. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of May, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk r. 'a i; H< ~ r 2 ~"*+"' f J 1 ~ i,,,,r.; ~ _ ,.+,. t U a'~: w ~'``~`, Ggsq P` ., 'i ~ ` ~. v5' ti v, ~ ~ ~ 4 _ r s r --• , , ~ ,,,, , ~Y~~•~•j?3 f x !!! ~ r' 3 .. . `. ~' i{L,gRER LN ~ .. ~ 4'yt 't C h-.i ,,; - t - - ~i _ ~ +Y. , r ~ {' « ) '~: ' ~ v t w r V - „~ J :~ . f (Y ` ~ . l ~~~ ~ ~ . ~.,~j l 1, i .M x ~ r ~ • y~ o ,~ ~~ ~C ~ in' ~ '~ ~~ _~. '° ~~'yy~' ~ a:,: tf ~i 1. i 4 ~ ply _ ~F g ~~E' ~~'~ AS ~~ Y~ ' 4'4.4 `(, ~.~~ , `v et ~` Q, h ":~~~ ti~'!S; r. ~ ~4s, r~~ „~ i v i ~ ~ _ r ~ C Y . ~ 1 x° ~~ 1 ~ 'a k ~ lt ~: .i ?,+ r :.. I ~Vii.T':. '~ ' S y ~ .~ h'. AGENDA REPORT TO: PubliclTraffic Safety Commission FROM: Ali Moghadam, P.E., Principal Engineer -Traffic DATE: April 24, 2008 SUBJECT: Item 4 Request for Multi-Way Stop Signs -Walcott Lane and Klarer Lane RECOMMENDATION: That the Public/Traffic Safety Commission recommend that the City Council adopt a resolution establishing Multi-Way Stop signs at the intersection of Walcott Lane and Klarer Lane. BACKGROUND: Staff received a request to review the feasibility of installing multi-way stop signs at the intersection of Walcott Lane and Klarer Lane, to provide right-of-way assignment and mitigate visibility constraints at the intersection. The public has been notified of the Public/Traffic Safety Commission's consideration of this issue through the agenda notification process and by mail. Walcott Lane is classified as a two (2} lane undivided Collector roadway on the City's General Plan Circulation Element with one {1) travel lane in each direction. Walcott Lane is currently striped for one travel lane in each direction with aleft-turn lane at the intersection of Klarer Lane. The ADT on Walcott Lane is 4,400 just north of Klarer Lane. The speed limit is posted at 30 MPH on Walcott Lane. Klarer Lane is a residential street which functions as a residential collector providing access to Walcott Lane for numerous single family residential units. The street is approximately 34 feet wide with an unimproved section on the eastside of the street between Walcott Lane and Calle Katerine. The ADT on Klarer Lane is estimated at approximately 1,200 at Walcott Lane. The prima facie speed limit is 25 MPH on Klarer Lane. In order to evaluate the need for multi-way stop signs, vehicular volume data, sight distance, and accident history was reviewed for the intersection. This data along with an evaluation of other roadway conditions was used to perform aMulti-Way Stop Warrant analysis. A review of the accident history far the period for the twelve (12) month period from January 1, 2007 to December 31, 2007 indicates there were no reported collisions at the intersection. This favorable record can be attributed to driver familiarity with conditions and exercising due care when entering Walcott Lane from Klarer Lane. r:tYraffi clcomm issnlagen da120071032211aseren aatwalcott-cebulajp An evaluation of sight distance was performed at the intersection. The evaluation revealed that the visibility from Klarer Lane looking south was adequate for speeds and conditions. However, the sight distance visibility looking north from Klarer Lane falls below the minimum stopping sight distance, due to an obstruction in the line of sight. An unobstructed sight distance of approximately 200 feet is required for the 30 MPH posted speed limit. The evaluation determined that the sight distance visibility may be less than the minimum requirement. The Manual on Uniform Traffic Control Devices (MUTCD) indicates that aMulti-Way Stop installation may be useful at locations where the volume of traffic on intersecting roads is approximately equal and/or where a combination of high speed, restricted sight distance and an accident history indicates that assignment of right-of-way is necessary. Multi-Way Stop controls should nat be used far controlling vehicular speeds. There are four (4) criteria that the MUTCD has established for the evaluation of Multi-Way Stop signs. These criteria are as follows: A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quicklyto control traffic while arrangements are being made for the installation of the traffic control signal. B. An accident problem, as indicated by five {5) or more reported accidents in a twelve (12) month period that are susceptible to correction by a multi-way stop installation. Such accidents include right and left-turn collisions as well as right-angle collisions. C. Minimum Volumes The vehicular volume entering the intersection from the major street approaches (total both approaches) averages at least 300 vehicles per hour for any eight (8) hours of an average day, and 2 The combined vehicular, pedestrian and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same eight (8} hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but 3 If the 85-percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrants are 70 percent of the above values. D. Where no single criterion is satisfied, but where Criteria B, C.1, and C.2 are all satisfied to 80 percent of the minimum values, Criterion C.3 is excluded from this condition. Other criteria that may be considered when evaluating the need for multi-way stops include: E. The need to control left-turn conflicts; F. The need to control vehiclelpedestrian conflicts near locations that generate high pedestrian volumes; G. Locations where a motorist, after stopping, cannot see conflicting traffic and is not able to reasonably safely negotiate the intersection unless conflicting cross traffic is also required to stop; and H. An intersection of two residential neighborhood collector streets of similar design and operating characteristics where multi-way stop controls would improve the traffic operational characteristics of the intersection. r:tYraffi clcomm issnlagen da120071032211aseren aatwalcott-cebulajp The Multi-Way Stop warrant analysis performed for the intersection indicates that the existing volumes are considerably lower than the applicable criteria and multi-way stop controls are not justified based on volume and accident history. However, under criteria G of the MUTCD multi-way stop controls maybe considered at locations where visibility is limited and conflicting cross traffic is required to stop. Although it is likely that the installation of the stop sign will increase noise levels due to vehicular acceleration and deceleration, staff recommends the installation of multi-way stop signs at this location based on the lack of sufficient sight distance and increased volumes on Walcott Lane. Therefore, staff recommendsthatthe Commission approve a recommendation thatthe City Council adopt a resolution establishing Multi-Way Stop signs at the intersection of Walcott Lane and Klarer Lane. FISCAL IMPACT: Funds are available for the installation of signs and associated pavement markings in the Public Works Routine Street Maintenance Account. Attachment: 1. Exhibit "A" -Location Map 2. Exhibit "B" -Vehicular Volume Data r:tYraffi clcomm issnlagen da120071032211aseren aatwalcott-cebulajp ITEM Na. 9 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: May 13, 2008 SUBJECT: Contractor Pre-Qualifications for Phase 2 of the Old Town Civic Center, Project No. PW06-07(Ph2) PREPARED BY: Greg Butler, Deputy Director of Public Work - CIP RECOMMENDATION: That the City Council authorize the Department of Public Works to solicit and pre-qualify contractors to perform the work required for phase 2 of the Old Town Civic Center Project, Project No. PW06-07(Ph2) BACKGROUND: The Old Town Civic Center Project is a two phase project, which will facilitate the move of City administrative services to the heart of Old Town Temecula. Phase 1 of the project consists of street and storm drain improvements, the undergrounding of overhead utilities, a Town Square, and a 480 stall parking garage, all of which are either under construction or will be in the near future. Phase 2 of the project consists of a new city administration building, City Hall with attached Council Chamber and semi attached auxiliary room. The City Hall building is a 3-story building with the first floor consisting of open/ private office space, a stadium seating Council Chamber, and an auxiliary room. The second floor will consist of open/ private office space and the third floor will also have open/ private office space. More specifically, the project will include construction of the following: wet and dry utilities, grading, site drainage systems, erosion control, foundation systems, site walkways and hardscape improvements, and site landscaping and irrigation. In addition, the project will provide for procurement and installation of certain furnishings and fixtures necessary to support the City Hall and other functional uses of the Civic Center complex. Because of the size and complexity of the project it requires contractors that have recent proven experience in the construction of large scale civic center facilities, the Public Works Department has prepared a Request for Qualifications to send to contractors interested in performing the work. After the interested contractors have been pre-qualified, the Public Works Department will request that the City Council approve the plans and specifications and authorize the Department of Public Works to solicit bids from the qualified contractors. FISCAL IMPACT: None. ITEM N~}. 1a Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: May 13, 2008 SUBJECT: Professional Services Agreement for Geotechnical and Material Testing Services -Geocon Inland Empire, Inc. Pechanga Parkway Phase II Street Improvements Project No. PW99-11 PREPARED BY: Greg Butler, Deputy Director of Public Works Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve an agreementwith Geocon Inland Empire, Inc. in an amount notto exceed $125,589.00 to provide as needed geotechnical and material testing services for the Pechanga Parkway Phase I I Street Improvements, Project No. PW99-11, 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 $12,558.90, which is equal to 10% of the agreement amount. BACKGROUND: The Pechanga Parkway Phase II Street Improvements, Project No. PW99-11 will require geotechnical, materials testing, and special inspection services for quality assurance and control. The contract with Geocon Inland Empire, Inc. will provide the needed professional services for the project. On April 22, 2008, the City Council awarded a construction contract for the Pechanga Parkway Phase I I Street Improvements, Project No. PW99-11, to All American Asphalt. Thereafter, City staff evaluated four proposals received for geotechnical and materials testing services for the subject project. Geocon Inland Empire, Inc. was selected to provide the needed services based upon their proposal, their experience with similar projects, previous work performed in Riverside County, and their expertise with specific task assignments. FISCAL IMPACT: The Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, is a Capital Improvement project funded with Development Impact Fees -Street Improvements, a Pechanga Indian Tribe Contribution, a Public Lands and Highways Grant, Reimbursements from RCWD and Standard Pacific Homes, and the Wolf Creek Community Facilities District. Adequate funds are available in the project account {Account No. 210-165-668- 5805) for this $138,147.90 request which includes the $125,589.00 contract plus $12,558.90 contingency. ATTACHMENTS: 1. Location Map and Project Description 2. Contract 3. Exhibit A GeoCon Inland Empire Proposal 4. Exhibit B Payment Rates and Schedule of Fees CITY OF TEMECULA AGREEMENT FOR GEOTECHNICAL AND LABORATORY MATERIALS TESTING SERVICES BETWEEN THE CITY OF TEMECULA AND GEOCON INLAND EMPIRE, INC. PECHANGA PARKWAY PHASE II STREET IMPROVEMENTS, PROJECT NO. PW99-11 THIS AGREEMENT is made and effective as of May 13, 2008, between the City of Temecula, a municipal corporation ("City"} and Geocon Inland Empire, Inc. (Consultant). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on May 13, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 20, 2009, 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:llwww.dir.ca.gav. 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 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 or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. A. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Consultant shall not bill the City for any travel time and expenses associated with it, nor shall the Consultant charge a set minimum number of hours for each site visit. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Twenty Five Thousand Five Hundred Eighty Nine Dollars and No Cents {$125,589.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. R:\Agreements\MasterslDesign Professional Form Agreement 2007 ver2 B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed thirty thousand dollars ($30,000.00) or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5 7. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R:\Agreements\MasterslDesign Professional Form Agreement 2007 ver2 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. To the extent Consultant has been compensated therefor, upon completion of, ar in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated far 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 ar otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any claims 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, and/or 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 or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. B. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District and/or 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, loss, cost ar expense {collectively, "claims"}, including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City's choice, and 3 R:1Agreements\MasterslDesign Professional Form Agreement 2007 ver2 shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. 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 or eliminate such deductibles orself-insured retentions as respects the City, District, and/or Agency, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 4 R:\Agreements\MasterslDesign Professional Form Agreement 2007 ver2 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 Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired ar 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 (30) 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 forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement an behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its R:\Agreements\MasterslDesign Professional Form Agreement 2007 ver2 officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under ar 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. 6 R:\Agreements\Mastersll]esign Professional Form Agreement 2007 ver2 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Geocon Inland Empire, Inc. 41571 Corning Place,Suite #101 Murrieta, California 92562-7065 Attention: John Hoobs, CEG, President 15. ASSIGNIUIENT. 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 ar 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. 7 R:\Agreements\MasterslDesign Professional Form Agreement 2007 ver2 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 farce or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Cansultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael 5. Naggar, Mayar ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONSULTANT: Geocon Inland Empire, Inc. 41571 Corning Place,Suite #101 Murrieta, California 92562-7065 Telephone (951) 304-2300 FAX (951) 304-2392 By: Name: John Hoobs, CEG Title: President By: Name: Michael S. Chapin Title: Chief Executive Officer [Signatures of Two Corporate Officers Required] 8 R:\Agreements\MasterslDesign Professional Form Agreement 2007 ver2 EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: 9 R:1Agreements\MasterslDesign Professional Form Agreement 2007 ver2 EXHIBIT B PAYMENT RATES AND SCHEDULE ~o R:1Agreements\MasterslDesign Professional Form Agreement 2007 ver2 ro 0 io H ~ ~ ~ p ~ ~ ~ ~ ~ ~ K ~ N ~x~. y ~ G A b~ ~~ ~. ~, b FOY O ~ n r ~'{ ~ ~ ~ ~ ~ C ~/ ' la ~ ~ A w a n ~ n w ~ n h rn ~ ry~ ~ G m~ O m ~w.. a ~ ~ (D ~ N h O" P n a ~"~, h r' b a ~ ~ p, m m ~ rn rn 7 7 w i-r w ^ ~ ~ O ti y ~~aticR4 ~~x~g:~K N ry OC N .. ~ypf ~ ~ N C1 ~p P w ~ y. ~ y ~t,~d ww n ~ P O N :p ~r ~ M C x ~~ g~n_~ w ~ ~ :P ~ n YH V o~ o' .~. M ~ ~~~~~s~~ V D A A N «~ A to a A O IJ IJ co ~A o owN~ O ~' O O O J cn ~` O O O vi W A bi H3 ffl b9 (fl fA 4A b 9 b9 ~ In W .- . O w ~O O ~ ~D CO Vi W b' 00 (D O W ~ m d ? ~ W ~ v W A • -• O N O 0o J to IJ 1D A `~ O ~ 0 W O W W N O O , O O O W '-' p .. N w .+ N OO N .-~ N N oo N C ~ ~ A U o O' N N W O J t n ~ 'P O 0 0~ ~ l O 0 0 n ~ ooo~oooo . . m N U' b N O 0 N O. O H N. N. ~ . N.' Vi HifA VS fAFA'fA. Hi .. ~ n~ W OG ,. ,. tJ .+ -N lJ ' ° o '~ +D 00 N In O W O V W O b + "'~' A in O O N N v, O A ~] J C O O lJ A 0 0 " * ~ a oooa~aoo' D to O O O ~7 00 O O N H .' d In b 0 A ~'h Y P b f. ~ ^o a, a' Y' O ~ n• ~ ~. ~ ~ O ^ .. m o~y O ~+ ~ 0 a fD r' ~ O ~~ ~~'o ti N ~ n o~ y ~ ~ O ~, ~ H a. o. ~~ a n' &~ a O N ~: ~ N: ~ (/Q d h A R' O- 00 ~.~ o ~' H O M (o n `D w a " d H O q ~ d a' C N. O ~ a~ P~ ~ ~ O ~o o ~ M ~ `. O ~-n C m a: w `< ~ ~_ ~y a°+ rn ~ a. ~; O O ~~ C~.~ m' ~ ~^ a: ~ ~- a.N~~, ° ~ro w "~ o ro `C M ro ~. n K M t, H i ~7 b 'G ro ],r ~c C a: N (~D M'+ ,. t EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: RaAgreementsVdasters\Design Protessbnal Form Agreement 2007 vet REQUEST FOR PROPOSAL GEOTECHNICAL AND MATERIALS TESTING SERVICES DURING SITE IMPROVEMENTS PECHANGA PARKWAY PHASE II STREET IMPROVEMENTS PROJECT NO. PW 99-11 PREPARED FOR: STEVEN W. BESWICK, ASSOCIATE ENGINEER DEPARTMENT OF PUBLIC WORKS CITY OF TEMECULA 43200 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92$90 PREPARED BY: GEOCON INLAND EMPIRE, INC. 41571 CORNING PLACE, SUITE #101 MURRIETA, CALIFORNIA 92562-7065 APRIL 28, 2008 PROPOSAL NO. IE-720 GEOCON INLAND 1?MYIR6, INC. GEOTECHNICAI CONSl1lTANTS ~~~ Proposal No. 1F-720 April 28, 2008 City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: Mr. Steven Berwick Subject: PECHANG.A PARKWAY PHASE II STREET IMPROVEMENTS PROJECT NO. PW 99-1 TEMECULA, CALIFORNIA PROPOSAL POR GEOTECHNICAL AND MATERIALS TESTING SERVICES DURING SITE IMPROVEMENTS Dear Mr. Berwick: In accordance with your request, we herein submit our proposal to provide gcotechnical and materials testing servicrs during improvement of Pechanga Parkway in the city of Temecula, California. The roadway improvement will occur from roughly Route 79 eastward to Pechanga Road, for an approximate length of 14,500 feet. To aid in preparing this proposal, we have reviewed the Gnpr•avenrent plans For: Project No. PfV 99-/! Street Improvement Plans, Pechanga parkx•av, city o~Temecala, Calijor~nia, prepared by Cozad & Fox, Incorporated, approval date of October 30, 2007. The scope of our proposal includes an estimate for performing the testing and observation services during the construction of site improvements, laboratory and material testing of soil, aggregate base, and asphalt concrete, gcotechnical consultation, and the preparation of a final report. We have also assumed a 180 day working schedule, however, we do not believe that our services will be required full time during construction and will only be necessary during backfill and surface improvement tasks. Gcotechnical services related to the site improvement will consist of performing compaction testing of trench and wall backfill; roadway, cross gutter and driveway approach subgrade; curb.~gutter and sidewalk subgrade; aggregate base and asphalt concrete paving. We will also perform laboratory testing including resistance value (R-Value) tests for possible pavement section re-design with the use of geogrid reinforcement, conformance testing for crushed aggregate base (CAB) and asphalt concrete (AC), and maximum density and optimum moisture content testing for soil and aggregate base. Table I summarizes the estimated quantities of the site improvements which will require gcotechnical services. This proposal does not include testing services for the reclaimed water line. Services for this utility will be an extra to the contract. In addition, we have assumed that the concrete placed for surface paving, including sidewalk and curb/gutter, will not require the fabrication of 41571 CorNng Pbce, Suit 101 ^ Murrieb, Californio 92562-7065 ^ Talephoiw (9511 304-2300 ^ Fax (9511 30d~2392 concrete cylinders to verity concrete strength since the concrete does not require special inspection. ]f concrete cylinder fabrication and laboratory strength testing is requested, they mill be pcrfonned in accordance with the attached Schedule ojFees and will be an extra to the contract. Since we have no control over the Gequency of retesting of failing tests that may be required, the cost estimate for retests and additional observation services are not included in this proposal. Where excessive retesting is necessary, the responsible contractor should he back-charged for the related costs. TABLET ESTIMATED QUANTITIES OF SITE IMPROVEMENTS Description Length (or NoJ Average backfill Thickncas Storm Urain SG feet 8 feet Joint Trench 10,330 fcet 3 fee[ Elcctrical'I'rench 300 feet (L'st.) 2 feet Paved Roadways 14,500 feet N!A Curb and Gutter 35,030 feet NIA Sidewalk V,070 feet (Est.) NJA Retaining Wall Ri fcet 3 li~.c•. For the purpose of this proposal, we have assumed the following: One in-place density test will be pcrfonned for each approximately 200 linear feet of 2-fool- thick trench backfill, yielding a total of approximately 80 in-place density tests. In addition, we estimate 5 in-place density tests for retaining wall backfill. One hour of licld soil technician time will be required for each in-place density test performed and, hence, this proposal is based on approximately 85 hours of field soil technician time for backfill compaction testing and observation services. In addition, 3 compaction curves for trench backfill materials are estimated. Should you or the inspector for the governing agency require additional testing, [eclmician time associated with the testing will be provided on a "time and materials" basis. We estimate one in-place density test will be pcrfonned for each 150 linear feet of roadway subgrade (2 phases), roadway base (2 lifts), and asphalt concrete (2 lifts); hence, approximately 580 hour of field soil technician time have been assumed. In addition, it has been assumed that one R-Value test will be performed for each 1,000 feet of roadway pavement planned for an estimated total of I S R-Value tests. One series of conformance tests will be required for every 2,500 tons of crushed aggregate base and asphalt concrete pavement. We understand that 77,000 tons of CAB and 42,000 tons of AC will be placed; therefore, 31 CAD and 17 AC conformance tests will be performed. lrr addition, 6 compaction curves for CAB have been budgeted. -z- We estimate one in-place density test will be taken for every 300 fret of curblgutter subgrade and sidewalk subgrade. Therefore, approximately 173 tests and 173 hours of technician time have been estimated for curb~gutter and sidewalk subgrade testing. bVe understand the contractor will properly shore the trenches in accordance with OSHA regulations and the contractor will compact the soil backfill to a minimum dry density of 90 percent of the laboratory maximum dry density near to slightly above optimum nwisture content in accordance with the city of "femecula standards. In addition, the contractor will compact the CAB to 95 percent of the maximum dry density and 95 percent of Hveem density for the AC. SCOPE OF SERVICES Based upon the above information, and our experience with similar projects, we propose the lollowing scope of services: Trench and Wall Backfill Compaction Testing. Provide compaction testing services by a soil technician for electrical, joint trench, storm drain and wall backfill. Approximately 85 leld soil technician hours are estimated for this phase of work which includes 3 compaction curves I'or laboratory testing o1'backfill materials. We understand that this is a prevailing wage project-, therefore the technicians will be billed at $l00 per hour. No travel time or mileage will be charged to the project. Hours worked in excess of eight hours per day or forty hours per week will be charged at time and one-quarter per overtime hour. For this proposal, we have assumed eight hour days and forty hour weeks, therefore, overtime hours will be an extra to the contract. All vehicles and field testing equipment are included in the hourly rate. Curb/Gutter and Sidewalk subgrade Compaction Testing. Provide compaction testing services for subgrade materials of the proposed curb gutter and sidewalk areas. A total of 173 field technician hours have been estimated. R-Value Sampling and Testing. We estimate that approximately IS R•Valuc tests of subgrade materials will he required for pavement re-design. Sampling, testing, design, and report preparation is estimated at $4.875. Crushed Aggregate Base and Asphalt Concrete Conformance Testing. Provide conformance testing for crushed aggregate base and asphalt concrete in accordance with the requirements of the city of Temecula specifications. One series of conformance tests is estimated for every 2,500 tons of crushed aggregate base and asphalt concrete pavement. A series of base conformance tests will consist of sieve analysis, sand equivalent, LA Rattler, and R-Value tests. Asphalt concrete conformance tests will consist of sieve analysis, theoretical (Rice) and Hveem maximum density, stability, and asphalt oil content. Six CAB compaction curves are also included. We estimate that a cost of $24,934 will be incurred. Subgrade, Base, and Asphalt Concrete Paving Compaction Testing. Provide compaction testing services far the roadway and alleyway Subgrade, as well as base materials and asphalt concrete paving of the proposed roadways. A total of 580 field technician hours have been estimated. Geotechnical Consultation. We expect that some site visits, attendance at meetings, project management, and miscellaneous consultation by our geologisVengineer will be necessary during the construction of the site improvements, therefore, a budget allowance of $8,000 or 75 hours of engincerlgcologist time will be required. Report Preparation and Submittal. Prepare and submit six copies of licld and laboratory test resulU associated with the compaction testing services for the site improvements. Depending upon the scheduling of paving, it may be necessary to submit interim reports. Although the actual time and costs are difficult to predict with any accuracy, we estimate that the cost for such services would be approximately $3,500. PROPOSED FEE Dased upon the scope of services recommended above and assumptions made, we have summarized the cos[ as follows: Item Esttrnated Cost 'testing and Observation of Site Improvements Trench and Wall Backfill Compaction Testing 58,980 CurblGutter and Sidewalk Subgrade Compaction Testing 17,300 R-Value Sampling, Testing, and Design 4'875 Crushed Aggregate Base anJ Asphalt Concrete Conformance Testing 24,934 Subgrade, Basc, and Asphalt Concrete Paving Compaction Testing 58,000 Geotechnical Consultation 8,W0 Report Preparation and Submittal 3.500 TOTAL ES'I'IMATEU COS"I' S1ZS.SH4 We propose to provide the services described herein for an estimated fee on the order of $125,589. Please refer to our detailed Task Analysis enclosed herewith as Appendix A. Overtime and Saturday Rate will be charged at time and one-quarter per hour; Sunday and Holiday Rate is time and one-half per hour. Invoices will be submitted at four-week intervals, itemized in accordance with the enclosed Sclredrrle of Fees/Terms acrd Conditions, and reflect only the actual time and costs incurred. The proposed scope of services does not include the evaluation or identification of the potential presence of hazardous materials. It is mutually agreed between Client and Getx:on [hat all services afforded and work performed by Geocon are provided pursuant to Civil Code Section 2782, et .cey., and such agreement is expressly integrated intu and made a part of any and all contracts or agreements entered into between the parties. Please carefully review [he contents of this proposal and the enclosed Schedule of Fee.JTenns and Condrrinns. If they meet with your approval, please prepare a contract agreement for our signature. Should you have any questions regarding this proposal, or if we may he of further service, please cuntactthe undersigned a[yourconvenience. Very truly yours. GEOCON INLAND F.MNIRF:, INC. ~~ ~~ ~~ L -7 Jvhn Hoobs, CEG ~/Jeffrey W. Moore President Business Development Manager J H:1 W M:dh Enclosure: Schedule of Fees Appendix A - Tazk Analysis (2) Addressee Prt~pusal No. t&720 - 5 ~ April ?K, 21X1X TASK ANALYSIS Estimated ' Estimated Task Assigned Personnel Unit Cost ; C ;;ours ost Concrete Curb and Gutter Field Technician 117 $100 $11,700 Com action Tcstin Concrete Sidewalk Field Technician 56 $100 $5,600 Com action Testin SubgradeCompaction Field Technician 180 $100 $18,000 Testin Crushed Aggregate Base ' ' Field 'Technician 200 $100 520,000 Com action 1 estin Asphalt Concrete Field Technician 200 $100 S20,000 Com action Testin Masonry Wall Backfill Field Technician 2 $100 $200 Com action Testin Joint Trench Compaction Field Technician 70 $100 57,000 Testin Electrical Trench Field Technician 2 $100 $200 Com action Testin Slrect Light 1'edesWl Field Technician 8 $100 $800 Sub ride Testin Storm Drain Backfill Field Technician 2 $100 $2UU Com action Testin > Laborato Tcstin ~ Laborato Technician Maximum Densit Laborato Technician 9 $160 $I 440 R-Value Testin Laborato Technician 15 $230 $3 450 Base conformance testin Laborato Technician 31 $550 $17 U50 Asphalt Conformance " Laboratory Technician 17 $402 $6,834 Testin Geotechnical Analysis StatT 20 $]OS $2,100 En ineer/Geolo ist Geotechnical Consultation Staff' 43 $105 54,515 En incerlGeolo ist Geotechnical Consultation Associate 20 $150 53.000 Report Preparation and I 53,500 $3.SOU Submittal TOTAL ESTIMATE 512$ 89 •6- EXHIBIT B PAYMENT RATES AND SCHEDULE to RVlgreements~MasterslDesfgn Professlonel Fonn Agreement 2007 vet SCHEDULE OF FEES GEOTECHNICAL .......... •7ontr. .......... '75nu~. .......... •BOntr. .......... BS/nr. .......... 9511u. .......... los/nr. .......... 115/hr. .......... 130/hr. .......... 150/nr. .......... ! SOlhr. .......... 3251hr. Slb/Per Project Cotiny Machlnt (oottcrete, asphalt, masonry) ..... ............................... ....................................................................................... ..... f 150/clay ..................................... ...... 7 S /day Generator ............................................................. ............................... .................................................. .................. . ...... I S/bng Aspnnlt Cold Patch. 60•Ib. aeok ........................... ............................... . ................................................................... ........................................... . ..... ...... 15/bai; Concrete, ti0-Ib. sack ........................................... ............................... . .................................. ... .................................. . ...... l50/d Y Portable OPS Unit ............................................... ............................... . ................................................... ......... .... .. . ....... e Cost + 15 /o Outside Sorvices/EquipmenUMateriala ............... ............................... .. . . . ......................................................... L (•ABORATORY TH51T9 _ COMPACTION CURVES SOIL AND AGGREGATE 5fA8ILIT Y 4-inchmold(D1557) ..................................... ....... f160/m. RmistanceValue,R•Vtdue(02844lCAL30l) ........ .... S230/ea. 6•inchmold(D1557) ........................................... ........... l75/ea. R•Value,Troated (CAL301)...................................... .... 245leer. Califomitt impact (CAL216) ............................... ........... 1TO/ea. California gearing Ratlo (DI683)............................. ..... SOO/ea. Chick Polnt ......................................................... ........... BOleer. Stabilization Ability of Lime (C977)......................... ..... 170/oa. SOQ. Al\'D AGGREGATE PROPERTIHS N200Waah(D1140/Cll7) ................................... ............. fSO/ea. MoisturtDetertnination,tubesamplt(D2216).......... ....... S20/ea. Wot Sicve Aaulysia to N200 (D422) .................... ............. 75/ea. Moisnne Determination and Unit Weight (D2937)... ....... 391ea. Nydtometnr Analysis (D422) .............................. ............. 1401m. Atterberg Limier: Plasticity Index (D4318) ............... ....... 120/ea. S1evn Analysis with Hydrometer (D422) ............. ............. l40/ea. Sand Equivnltmt (D24] 9)........................................... ....... 70/ea. Specific Gravity. Soil (D854) .............................. ............. 65/ea. pH and Resistivity (CA1,643).......,............................ ....... 125/na. Spaific Gravity Coarse Aggregate (C127) ......... ............. 38/ea. Sul[ate Content (CAIAl7)......................................... ....... 85/ra. Spacific Gravity Finer Aggregate (CI26) ............ ............. 65/m. Chloride Con[mt (CAL422)...................................... ....... 45/ua. Proposal No, (E-720 Page 1 of 2 GCE 12103•Mod. E0/Z0 39Vd CNI NO:J039 00EZC0ETS6 ZE~VT 800Z/0E/40 r-r ---°r ------,- ~ LnBAI~ATOSYTE3TS, : `_' • --•- - ~.._~....:J ' _ ___ .. SHEAR STRENGTH Uttoon&ned Comp snl ) .................................. S90/ea. Cornptasivc Svengch, Crut Cylinder (C39) ................... S28/eo. resston (DZ 166 Direct Shear, Quwk, Per po' (D3080) ............................ 60/pc Compressive Strength, Cora (C42).................................. 40/oa. Uncoosolitlated•Undraiaad Triaxi8l Shea (D2830)......,.. LOS/pt Flexural Strength Beam (C78/C293) ................................ 73/ea. Unooawlidatod-Undrained Triaxial Staged (D2830) ....... 130/ea. Splitting Tensile Test (C496) ........................................... 63/ea Consolidated-Undraiued Trinxial Shear (D4761) ............. 230lpe Mix Design Raviow ......................................................... 173/ea. Conaohdated-Undrairted Triaxinl Staged (D47ti7)........... 320/rtes. Trial Batch ...................................................................... 450/ee. Cottsolidated•Drained 7riexial Shear (EMI 11U) .............. 330Ipt. Cottsolidated•Dreinrd'friuxial Staged (EM1110) ........... 430Jea PERMEABILITY, CONSOI.IIIATION AND EXPANSION MASONRY Porntenbiliry, Flexible Well (D3084) .............................. 5230lea. CMU Compressive Svettgth (C140)................................. $33/txr. Pa'meabiliry, Rigid Well (D3836) .................................. 24Wex. Compressive Strwsgth, Grout (CI019/UBC 21-19).......... Z8/ea Consolidation, Pm'Point (D2435) ................................... 39/pt Compressive Shongth, Mormr (C109/UBC Z1-13.16)..... 28/ea. 6xpaalion ludex (04829/l7BC 29-2) ............................. 130/ea. CMU Unit Wt., Dimen., Absorption (CI40)..................... 35/ca. Compressive Strength, Masonry Pdsm (C1314) ............... l00/ea AGGREGATE QUALITY ASPHALT CONCRETE Dry Suva Analyeis to #200 (Cl3) .................................... S73/ea. Density, Hveem (D27Z6/CAL308)................................... $82/ca. L.A.[tattlerTest(SOOrev.)(CI3l) .................................. 173/ea. Stsbilometu(D1560/CAL304)......................................... 93/tie. Sulfate 5ountlness (Per sievo size) (C88) ......................... 93/ea. Theoretical Max. Specl6c Gravity (D2041) ..................... 63/aa. Durability Index (D3744) ................................................. 133/ea Sieve Analysis Exvacted Aggregate (CI36).................... 73/ea. UoitWeight(C142) .......................................................... 63/ea. %Asphalt,IgnitionMethod (CAI.382)........................... 85/ea. Orgmtic Iwpurities -Sand (C40) ...................................... SO/ea. % Asphalt, Nuclear Gauge {CAL379) .............................. 100/ee. Friable Par[icles (CI42) .................................................... 73/ea. Unit Weight, Coro (D 1188) ............................,,.,..........,.. AS/oa. ~E1iMS AND CoNp1TloNS,~ - ~~ ~.TM -_.. ~_ -___ -_-- - ----------.~..~.~_-- l. Llr(ed ary rypitnl charyrx Jor rho tervlcw nu+rr jrrquendy performed by Groton. Prlcu for unllltfd +rrrvicu w well a+ sprclu(yuow/tone Jbr Ingyromr !xwlvlny volume wwk will G provukd cyan ropue+l. Laboratory tut prlter shown an/w laborulury work only, and include raporriag olruurina rwulu not calling for eammmw, ncvmmcnaladoas or cane(wionr. ?. All Jwnyfbry aed tsrriny i+ wndacted (n srlbttantial Wnfwmanq wvth tAr hater eyryliuwbk or da'fymtsd apac/JcWlwu of rlw Amwicr+n SoalrryJw 7ardng and Malrriufs. Coltraa. American AaucraOun yl'Srou Highway OJJIda4, w olAerpertirtent ayrnclw. 3. In the even/ Gratacknkvl Serviar urr rqu4rd oulrlda normal wurklny Aoun. tAe Ciry wlU pay Groton I it times the acrua( mnipwiaarfon of rhr Jlrm'r rvprwrnuuM. wlrhout ales finn't muldpller, Jw ovfrdmf and Saturday work Fw Sunday and hol(day worlk tAr Ciry wAf pay ? times the mmprmarlon amorwe. Prr dism 4t f80.UU par dqv whsn location o/work diaWlw. 1. Fluid fwtr uM IntnumentntWn In+rulfa!!on each w plots 6tmrJng, pUa (oad, vane +hear, pframmr. elope lnclbromftrr. and utAer tpedo! tatty will bf rhoryrd at nppliuabk hourly rata. lipuipment and niafenaL wiU b. billed at owt plus /55G AtWM servlcw !neludOig Jubcananurun and rrnla! q/Jpftia( fqulyxwnt w~ AIllyd at curl pew I S percent. Haura teMter ,w billed patrol to portal from dzsecl oQlcc fn atcwrlance wftA the elated pourty mere hercln. 3. A JurcAorge af't:0.00 par lwur wiU W added ro the Profeutona! Savica+ dauiflmbow indicated wi0t an airerid (•J on the Schedule ojFrrr ur oMa w . cumpfy with rhr prrvalUny wggf rrpuiremrra+ o/'Cali/6rniu labor Cods §720, rL rep. b. Invoices wits br submided at fotwweek lnrenals. 7'rrnv of paymsu an wr upon pnvrrttatfan of Imrotu. lnvoicrt become MUnquent dd,ey (30J dayt Jram In vulro dwr and subJect m one and one-halJpercwnt (1.129q rerviue ehorye ptr montA, or the mazim,an rule atfowad by foes, whlchaver it lower. JjClient ollueer m ulf or any pwtion oJary (nvolp. Clie,u will ro not((y Cwxan in writtny wi/hln Jinvreen (11) calendar dayr of Ora Invoice data, identify rAa mesa of d(Jayraument and pay dear poniwr of Nra ln,rolea not In dl+pute. 7Ae parOu wIU immrdiarefy make nvry rJJon to tsrclr tAe diryukd pwllan of IAu invoice. Puymuml un dcHnyueM lrtvofrar will first br oppltrJW uccruod Interml and then ro the prbtdpal amount. All Iknf aprnr and rrprvuu Intoned (fncludlny any atwmry'r fen+ and coaW in rnnnfuion with rolkctiort of any ddlrpurril wrwunt will M pa/d by Cltsnt m Cartoon per Geooon 1 curroru fcc rcheddo. 7, Muny rL,6 PutcnrlaUy q$'eo! Geocon by vlrar of m/frmy info thu uyravrtrnt to pdfwm yroJi<utona7 rngfnranny mrvlcw un belwfJo/Clkn1. Thepnrtcipu( rick 4 the porenriaf jar lwmnn wror by Gaoron. Por Client w abMin the bsneJtl of a jre w!a'cA fndudrs a nonunal rdWwaner for dwhny with our Jiabillly, Clirm ogres ru limit ow Ilablfiry to Ctienl and w all othnprrrfu for daimr aririgy out ofaur perforxtann u/Ilw Jerviwr derrribad in the agrrrmexl, TAr aypyga/f llablllry of tirocan wiU nw uaroJ d30. UW Jbr nag(lyent prgfutlonat our, ennrs, ur omtuiunf. fncludrny ufwrnay'r Jov+ and carer wkkA may ba awrv,4rl w Me yrovaNLrg parry, wed Cfknt agrees W Imlwnnify on! 1wW horm(au Georon from war agalnrt all IlablUOw in srcu+ uJ thv monuory Ifmu ' flfaAlLrhad abaVY~ Prapounl NP. IE-72U Past 2 of 2 E0/E0 3cJVd ~NI hI0G0~ 00£Z60Ei96 Z£~hi 000Z/0E/60 ITEM N~}. 11 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: May 13, 2008 SUBJECT: Agreement for Consulting Services between the City of Temecula and Inland Planning & Design, Inc. for preparation of Design Guidelines for the Old Town Specific Plan PREPARED BY: Stuart Fisk, Senior Planner RECOMMENDATION: That the City Council approve a contract with Inland Planning & Design, Inc. for planning services in the amount of $45,000.00. BACKGROUND: In response to questions and concerns about the community's vision for Old Town, particularly concerning intensity of building height, building mass, and adequacy of parking, in the early part of 2007 the City Council directed Planning and Redevelopment staff to examine these issues, solicit feedback from the community, and return with policy recommendations to address these concerns. In response to this direction, staff worked in conjunction with consulting firms Inland Planning & Design and Gibbs Planning Group (planning, urban design and retail marketing), Keyser-Marston (economic feasibility), and Fehr and Peers (parking and circulation) and held sixworkshops with the community from June 2007 to December 2007. As a result of these workshops, a series of ten goals and recommendations emerged which were overwhelmingly supported by the workshop attendees. These goals and recommendations were presented to the Old Town Local Review Board on February 11, 2008 and to the Planning Commission on March 19, 2008, and both recommended authorization for staff to proceed with an amendment to the Old Town Specific Plan to implement these goals and recommendations. The goals and recommendations were also presented to the City Council on March 25, 2008, and the City Council unanimously approved authorization for staff to proceed with an amendment to the Old Town Specific Plan. To proceed with an amendment to the Specific Plan, the Planning Department is requesting that the City Council enter into an agreement for consulting services with Inland Planning & Design for preparation of Design Guidelines and graphics for the revisions to the Specific Plan. The Specific Plan document will be prepared in house by Planning and Redevelopment Staff. It should be noted that work efforts for this type of work are typically much more costly. However, since Inland Planning & Design, Inc. was the primary consultant involved in the Old Town visioning process, much of their efforts from that process can be utilized in preparation of these Design Guidelines. FISCAL IMPACT: The Planning Department has sufficientfunds in FiscalYear2007-08 Consulting Services line item to cover the costs of the contract. ATTACHMENTS: Agreement for Consulting Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND INLAND PLANNING AND DESIGN INC OLD TOWN DESIGN GUIDELINES THIS AGREEMENT is made and effective as of May 13, 2008, between the City of Temecula, a municipal corporation {"City") and Inland Planning and Design, Inc. {"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on May 13, 2008, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 13, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract far two one-year additional terms. 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. 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 Farty- Five Thousand Dollars and No Cents ($45,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. A. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. B. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. 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. 2 B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising aut of the negligence of the City. 9. INSURANCE REQUIREMENTS. A. 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. B. 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, anon-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. C. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: $1,OOQ,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 3 property damage 2) Automobile Liability: $1,000,000 per accident for bodily injury and 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Workers Compensation Insurance upon the hiring of any employees. D. Deductibles and Self-Insured Retentions. Any deductibles ar self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30} 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 the insurer, phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. F. 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. 4 G. 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 forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. A. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable far compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 5 12. RELEASE OF INFORMATION. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project ar property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or {iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Inland Planning and Design Inc. Attn: Frank Miller P.O. Box 390113 Anza, CA 92539 6 14. 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. 15. 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. 16. 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. 17. 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. 18. 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 ar 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. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEIVIECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORIUI: Peter M. Thorson, City Attorney CONSULTANT: Inland Planning and Design Inc P.O. Box 390113 Anza, CA 92539 Attention: Frank Miller Fax: (608) 218-6246 Phone: (608) 332-8832 By:_ Name Title: By: [Signatures of Two Corporate Officers Required] 8 EXHIBIT A SCOPE OF WORK AND PAYMENT RATES AND SCHEDULE Old Town Temecula Design Guidelines Inland Planning + Design team: Frank Miller and Jane Grabowski-Miller, lead project consultants in Temecula Robert Gibbs, retail design guideline consultant {available via teleconference) Phase 1: Preparation of Design Guidelines for Old Town {June 2008 -December 2008). Task 1: Compile reference buildings (20 +/-) for Architectural Design Guidelines. -Document Historic Buildings in Old Town. -Document key recent buildings built since the 1970's in Old Town. -Identify buildings from other western towns representing desirable architectural character for Old Town. Task 2: Prepare design guidelines materials. -Two sections: urban {site placement, building height) and architectural. -Design guidelines address architectural style, massing, materials, fenestration, details, frontage design, position of building on site. -Building types include multi-family residential, commercial, retail, civic -Prepare all plans, elevations, sections, isometrics, photos and text. Task 3: Prepare design guidelines document. -Revisions and preparation of final document. -Review with City staff, OTLRB, key community members [2 meetings] -Recommendations for the City's design review process. Deliverable: Design guideline booklet (in Microsoft Word format) cross-indexed by building types and architectural topics. Phase 1 Fee: $35,000 Phase 2: Preparation of Graphics for Revisions to Specific Plan (Aug 2008 -May 2009). Task 1: Review Specific Plan revisions with City staff and discuss graphic needs. Task 2: Prepare first draft of required illustrations. Task 3: Prepare final materials, assist with incorporation into the revised document. Phase 2 Fee: $10,000 Total Contract $45,000. 9 EXHIBIT A SCOPE OF WORK AND PAYMENT RATES AND SCHEDULE Old Town Temecula Design Guidelines Inland Planning + Design team: Frank Miller and Jane Grabowski-Miller, lead project consultants in Temecula Robert Gibbs, retail design guideline consultant (available via teleconference) Phase 1: Preparation of Design Guidelines for Old Town (June 2008 -December 2008). Task 1: Compile reference buildings (20 +/-) for Architectural Design Guidelines. -Document Historic Buildings in Old Town. -Document key recent buildings built since the 1970's in Old Town. -Identify buildings from other western towns representing desirable architectural character for Old Town. Task 2: Prepare design guidelines materials. -Two sections: urban (site placement, building height) and architectural. -Design guidelines address architectural style, massing, materials, fenestration, details, frontage design, position of building on site. -Building types include multi-family residential, commercial, retail, civic -Prepare all plans, elevations, sections, isometrics, photos and text. Task 3: Prepare design guidelines document. -Revisions and preparation of final document. -Review with City staff, OTLRB, key community members [2 meetings] -Recommendations for the City's design review process. Deliverable: Design guideline booklet (in Microsoft Word format) cross-indexed by building types and architectural topics. Phase 1 Fee: $35,000 Phase 2: Preparation of Graphics for Revisions to Specific Plan (Aug 2008 -May 2009). Task 1: Review Specific Plan revisions with City staff and discuss graphic needs. Task 2: Prepare first draft of required illustrations. Task 3: Prepare final materials, assist with incorporation into the revised document. Phase 2 Fee: $10,000 Total Contract $45,000. o7-tzy DATE (MMIDD/YYYYJ ACOR>~, CERTfFICATE OF LIABILITY INSURANCE o6~o7~zoo7 R. David Bulen Insurance P.O. Box 115 Lake Elsinore, CA 92531-0115 56480 Highway 371 P.O. fox 390113 Anza, CA 92539 1N5URERS AFFORDING COVERAGE NAIC # ~~ TT/t Of INSURANCE POLJCV NUMBER POLICY EFFECTNF POLICY El(PIRATION LIMIT S 6ENERALIIABILnY TBO 06~01~2007 OG~OI~2OOS EACHOCCLIRRENCE f 1 00~ ~ X COMMERCU1t GENERAL LWE,I';Y OHMAGE TO RENTED S lOO , ~ CLAIMS MAOE Q OCCL11t MED E%P IAI+r one person) S 5 i A PERSONAL i ADV INJURY i ], 000 i GENERAL AGGREGATE ~ S 2 00~ GEN'LAGGREGATELIMITAPPLIESPER: PRODUCT3•COMPIOPAGO ~ ~ S 2 pQQ X POLICY j~~ LOC AUT OMOBILt LIASKJTY ANY AUTO COMBINED SNN3LE LIMIT IEs ~ootlsrll) S All OWNEp AUTOS SCHEDULED AUTOS BODILY INJURY {PN prr~son) S H REO A T0 I tJ 8 NON-0NRIED AUTOS BoolLr elluaY {pp aoolyranl) : PROPERTY DAMAGE S (PM +aa+tl~ni) OAR AOE LUBILITY ANY AUTO AUTO ONLY . EA ACCKKdNT S OTHERT-1AN EA ACC S EXCeSSNMBRtILA W e1LITY AUTO ONLY. AGG f OCCUR ~ CUIWS MADE EACH OCCURRENCE S AGGREGATE S OEpIICTIBLE S RETENTION f S WORKERS COMPENSATKNI AND EMPLOY ' S ERS l1ArIUTY A U• 7H ANY PROPRIETORtPARTNERIEXECUTNE O FFICERA~IEIN9EREXCLUDEO? - y SPECIAL E.L EACHACCWEHT S OVISIOHS DMO,v oTHeR E L OISEASt • EA EMPLOYEE : . E.L. DISEASE - POIICr LMSIr S OESC ~ RI TIONOFO-eItAT10N5/LOCATIONS/ r roo VEHICL t Of Insurance ES/tItCLUS1pNSADOEOHYENOOASEY Exr~ceu,.... _..._ _ .__ _ day notice of cancellation for non-payment of premium. IIELCATE 1•)01 ncc City of Temecula Attention; Dale West Temecula. CA xa s-aulo ANY of THE ABOVE oESCRIeco roLICIes et cANCtlLtb sEFORf THE EXPIRATION PATE TMERtOf, THE ISSUMKi INSWIER WILL ENDEAVOR 70 A)AIL DAYS WRITTeN NOTICE TO THE CERi1FICATE HOLOtR NAMED TO THE tEiT, 8UT FAILURE TO MAIL SUCH NOTICE SNALI IMP03t NO OBLK3ATK7N OR LlAHIiITY Df ANY KIND uPew •ue ..,...--_ .__ c{)ACORO CORPORATION 198E IMPORTANT If the certif"icale holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVEO, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of Ihis form does not constitute a contract between the issuing insurer(s), authorized representative or prcducer, and the certificate holder, nor does it affirmatively or negatively amentl, a#end or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001lDS) Allstate tnsurancc Company Suc I<cmpfer & Associates 6SS S. Ganunou Road h4adisun. Wl S;i719 April i0, 200R City Cleric Gay ofTcnlecula, CaliRnnia 7~o U~hom ll May Concern: 11ic attached Accord L~surancc Binder Form for l~ranl< cY .l;mc Miller shoe-s that ihcv do bare an active auto insurance policy with our company. 'The policy covers any owned or non-owned autos Urat either I~iaul< or June may drive tiwiLh the o~wncr's permission. ("I-his includes any rental car.) It also swill co~cr them while drivin<~ on business trips for inland Planning. &. Design, Inc.. so long as they arc nut malting dc~livcrics nor vansporliug passengers (cn' hire. Please l~ccl Free to contact our ol;licc with any oUicr questions or concerns. I~hanl: you. Sharon Ncustadt Suc Kempfer <~ Associates [1llstale Insurance Co. GOb-27<I-4147 ~µ~ XW R_~T'~ ~tl"~~ $49P@~bd'~ BY A R ~~Q OnIx INMIU!JIYYYYI . , .. .. e~ THIS F3INDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT T O THE CONI]ITIONS SFIOWN ON 'I-HE REVEI'dSE SIDE OF T711S PORn,%I. nGCNCY COM1iPANV IIINUE124 i ~ e.t LI[CCnVE J DnrL ~ CXPIRnIl01J )rvn. Dnlc nr~s r ; I HOht f . 5 ~ .n % r ~ c 4 ~- INC IJq Ext~j l I (n ,NOl ~ ~ li„lr0 1 ~ ~ %II hJ1.OVPiY II v1116dUA[...1 )..GM1'n ,v CODL __. f sUU COUE 3 E%P IJ 1(~I l -. -- - nGEkCY CtIS_'f_O_M_C_Rip; _______ Dr SCRIP PION OP OPERnTIONSNEH _-- IU r$IPROPCBiY II i II my Locai o~ 1 IN$U12ED ti It _ '> . 111 ~-:L, _ ~ [~ x COVERAGES __ _ LIMITS TYPL OF INSURANCE _ _ COVCRnGCrCORMS ~~ Df DUCT1131 F COINS °/ nMOIINr PI20PCI21Y fAlISr5011.OSS 11 dn9G ~ dROM t ~ SPFC cENranl. unL3arrY '. : ~nCn ocrurxarrcrF _ II ~MnGL lO 1 OOMNh R(r7nL GEN1;-l2r\! IIndIU IY c I IIVI EIJ r4tl 'TI$1°.$ CLAIMS MAUu OCCVai ED r_:(P In))<1`pn `roy . _ ~ PERSONAL 5 ADV IFL)i11tY ....._ _...... I £ :%11Nc12At. AGGi B_CNE .. ' i REiRO DnTE FpR GInoAS MAUI I'RODIICIS_COtti _K)I`AGG S VEI HOLE LIA©ILITY ______ _ _ - ._ - ~ - CU IdINE1J $Nl l L I Rdl I 5 ~nMl nll'D R(IIfv IRRt i I 1` y . ~ nLLGVYNEU nIIIAS f40D1~A' iN.itl D _ -.. ,m4J ~ ry ti '1 'SQiEDIJI E{)AUT0.5 PROPL!RiYI NnGL. I HIREp nUTQS IdI I)II;AI. PhYMG.IJiS r ~NON~OwMGD AUTOS 1`IR OI•IR.. NIW2Y PROT JNIN,.URLit MOI ORIST c ` ~% . VEHICLE PHY$ICn1. DAMAGE nm , Y ~. ,j nLL VEa nclFS ~scr leouLEO VeoICLES n(.)1 --F-- I Ira \a lvrau .'f,OI Li$ION I .. ~ C1:11LUAM(.JLINT S / :OTHER THAN COI 4. ~ __-a..___-~ -- _... I ' 6AItAGE LIA6ILITY _ __-.____.-......__- -._ \ Il0 MII~ I \ i l` 1I[Ni 5 \NY AUTO (~ gllil lTla; II V100111V 1 (.LV. iJI _._.__.. EXOE$$ LlnaiLlTY 21MDRELLA f-C1RM n.GHIC-NI _~ ~ i OTHER iIiAN l1M1!RRGLLA FORM ~ . RCTRO DATE I=oa CLAIMS Mf+DG' ~I I INSUIi_U PI ILM ION ~ ___ , __ __ ' VvY: $rA', LI YORY IIMI;'$ i WORKER'$ COMPENSnTION FI f°n(:H l.000I'NI ~ 5 AND EfdPLOYER'$LIA811.ITY Ill DISI'A$E-i!n Lh4'LOYI: F. 5 + 4' I. !TS[nSE-?11: iCV I GAIT $PGGIAL ! PPL$ CONUITION51 _ __ _ __ i OTHER t Vd ~ 1 COVERAGE$ 1 n(d VIrTJ (l l ,:I'JM 11.11 _ NOiZIGAGEC ~,DJiI ONni Ih$Vi31iL1 f l_OSF PAYP_@ \ LO%\Nrc ' c r nUTBORI2[O R[PRE56NTATIVE ACORD 75 (2007/07) Page ~ of 2 The ACORD name and logo aro rogistereA marks of ACORD ACORDs provided by Ponns Boss. www.FOrnlsBOSS.conT (c) Impressive Publishing FS00-20&19 i7 Inland Planning -F iaesign, Inc. June 1, 2007 City Clerk City of Temecula PO Box 9033, Temecula, CA 92589-9033 RE: Consulting Services Dear Sir or Madam, This letter is to certify that Inland Planning + Design ,Inc. has no employees. We therefore do not require Workman's Compensation insurance. Should the firm hire any employees during the course of this contract, we agree to inform the City of Temecula and provide a certificate for Workman's Compensation insurance. Thank you, Frank Miller Phone: 608-332-8832 Inland Planning + Design, Inc. 930 Cornell Cc, Madison, WI 53705 ITEM N~}. 12 ORDINANCE NO. 08-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2.10, Campaign Disclosure Requirements, is hereby added to the Temecula Municipal Code to read as follows: "Chapter 2.10 CAMPAIGN DISCLOSURE REQUIREMENTS 2.10.010. Purpose. The purpose of this chapter is: (a} To require full disclosure of the identity of all contributors to campaigns in support of ar in opposition to candidates for the city council and city ballot measures; (b} To make the public's examination of campaign disclosure documents concerning Temecula elections more convenient and accessible to the people of Temecula; and (c} To impose disclosure requirements, and prohibitions that are as or more stringent than those imposed by state law pursuant to California Government Code Section 81009.5 and 81013. 2.10.020. Definitions. The definitions set forth in the Political Reform Act of 1974, as amended (Government Code Sections 82000 through 82055}, shall govern the interpretation of this chapter, except that: (a} "City ballot measure" shall mean any initiative, referendum or city council- sponsored measure that is to be submitted solely to the voters of the City of Temecula; and (b} "Committee" shall mean any person ar combination of persons who directly or indirectly does any of the following: (1 } Receives contributions totaling two hundred fifty dollars ($250.00} or more in a calendar year; or R:/Ords 2008/Ords 08-02 (2} Makes independent expenditures totaling two hundred fifty dollars {$250.00} or more in a calendar year; or (3} Makes contributions totaling more than one thousand dollars ($1,000.00} in a calendar year to or at the behest of any candidate or candidates far city council, any controlled committee or committees of such candidate or candidates, and any committee which supports or opposes such candidate or candidates. A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214 of the California Government Code. The provisions of this subsection (b} shall apply only to committees which receive contributions or make independent expenditures to support or oppose a city ballot measure or a candidate for city council. The definition of committee contained in the Political Reform Act {California Government Code Section 82013} shall apply to all other committees that are engaged in activities not in support of or in opposition to a city ballot measure ar a candidate far city council. "Committee" includes, but is not limited to, controlled committees, committees primarily formed to supportloppose local measures, general purpose committees, major donor committees, independent expenditure committees or political action committees. (c} "Candidate" shall mean an individual who is listed on the ballot or who has qualified to have write-in votes on his ar her behalf counted by election officials for nomination or election to the city council, or who receives a contribution or makes an expenditure or gives his or her consent for any other person to receive a contribution or make an expenditure with a view to bringing about his or her nomination or election to the city council, whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at such time. "Candidate" also includes any member of the city council who is the subject of a recall effort. For the purpose of this chapter, a member of the city council becomes the subject of a recall effort, and therefore becomes a candidate, at such time as the notice of intention to circulate petitions is served on that member. Thereafter, any action taken by a person to advocate the recall of the candidate shall be deemed to be opposing the candidate, and any action taken by a person to oppose the recall of the candidate shall be deemed to be supporting the candidate. An individual who becomes a candidate shall retain his or her status as a candidate until such time as that status is terminated pursuant to Section 84214 of the California Government Code. "Candidate" does not include any person within the meaning of Section 301 (b} of the Federal Election Campaign Act of 1971." R:/Ords 2008/Ords 08-02 2 (d} "Expenditure" means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes. "Expenditure" does not include a candidate's use of his ar her own money to pay far either a filing fee far a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code. An expenditure is made on the date the payment is made or on the date consideration, if any, is received, whichever is earlier. (e} "Independent expenditure" means an expenditure made by any person in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. 2.10.030. Campaign contribution disclosure. (a} In addition to any other report required by law to be filed, each candidate for city council shall, at the time he or she files nomination papers for such office, file with the City Clerk a statement, in letter form or on a form prescribed by the City Clerk for such purpose, which contains the following information (copies of previous campaign statements may be appended to the statement for the purpose of supplying the required information}: {1 } The name and address of the candidate's controlled committee; (2} The treasurer of such controlled committee; (3} The total amount of cash on hand in such committee's account as of the date of filing the statement; and (4} The information specified for disclosure of contributions and expenditures in subsection (c} of this Section. (b} If the candidate filing nomination papers has not yet organized a controlled committee at the time of filing, he or she shall file the statement required by Section 2.10.030{a) within twenty-four {24} hours of filing a statement of organization with the secretary of state's office. (c} Any committee not controlled by a candidate for city council that makes a contribution or independent expenditure to support or oppose a candidate or a city ballot measure shall, within twenty-four (24} hours of making such contribution or independent expenditure, file in the office of the City Clerk a letter containing the name and address of the committee, the full street address of the committee, the Fair Political Practices Commission/Secretary of State identification number of the committee, the treasurer of the committee, and the candidate{s) and/or city ballot measure{s} supported or opposed by the R:/Ords 2008/Ords 08-02 3 committee. Upon receipt of such a filing, the City Clerk shall distribute copies of the letter to the affected candidates and/or committees. It shall be unlawful for any person or committee to knowingly file or publish any name or street address for a committee that is not the complete and accurate name and/or street address of the committee. (d} Thereafter, each candidate, controlled committee, or committee which supports or opposes a candidate or candidates for the city council shall, for each person from whom the committee has received cumulative contributions in excess of five dollars ($5.00) in connection with a single election for member of the city council, report on the committee's campaign statement the information specified for disclosure in California Government Code Section 84211 {f} or any successor statute, in addition to any other information required by law to be disclosed. Such reports shall be filed pursuant to the time schedule established by the Political Reform Act and this chapter. (e} Any candidate or committee which is required to file pre-election statements pursuant to California Government Code Section 84200.8 in connection with an election for member of the city council shall, in addition to the statements required to be filed by that Section, file apre-election statement not later than twenty-six (26) days before the election which covers the period beginning forty-four {44} days before the election and ending thirty-one (31 }days before the election. 2.10.040. Late campaign contribution disclosure. {a} Any contribution, including a loan, which totals in the aggregate five dollars {$5.00} or mare in support of or opposition to a city ballot measure or candidate for city council, which is received after the closing date for the committee's or candidate's final pre-election statement, shall be reported in the manner required by Section 2.10.030 to the City Clerk by email, mailgram, telegram, guaranteed overnight mail through the United States Postal Service, or personal delivery within twenty-four (24} hours of the time it is received by the candidate or committee if the contribution is received eight (8} or more days prior to the date of the election. Reports by email shall not be valid unless confirmed by the City Clerk. (b} A late campaign contribution need not be reported, nor shall it be deemed accepted, if it is not cashed, negotiated or deposited and is returned to the contributor within seven (7) days of its receipt. Late campaign contributions shall be reported on the form required by the City Clerk. 2.10.050. Filing of campaign statements and reports. In addition to committees that are already required to file campaign reports and statements with the City Clerk pursuant to the Political Reform Act, any other committees within the definition of "committee" contained in Section 2.10.020, R:/Ords 2008/Ords 08-02 4 including but not limited to committees that receive contributions or make independent expenditures totaling the threshold amounts specified in Section 2.10.020 to support or oppose a city ballot measure or candidate for city council, shall file pre-election statements for late contribution reports with the City Clerk in accordance with the filing schedule specified by the provisions of the Political Reform Act and this Chapter. 2.10.060. Printed campaign communications. (a} For the purposes of this Section, a printed campaign communication shall include any printed or copied flier, advertisement, brochure, letter, mailer or other substantially similar communication, which directly or indirectly attempts to influence the action of the voters for or against the election of any candidate or candidates or the qualification, passage or defeat of any city ballot measure. (b} Any person, candidate or committee who mails or delivers to voters by any means, or causes to be mailed or delivered to voters by any means, one hundred (100) or more substantially similar printed campaign communications within any calendar month shall comply with the following requirements: (1 } The printed campaign communication shall comply with the requirements of California Government Code Section 84305 and any successor statute, notwithstanding the two hundred {200} piece threshold set forth in that statute. If the sender is in fact an individual, a candidate or a committee controlled by a candidate, the printed campaign communication shall also contain the name of such individual or candidate; and {2) A true and correct copy of the entire printed campaign communication along with the name and address of the committee, the full street address of the committee, the Fair Political Practices Commission/Secretary of State identification number of the committee and the treasurer of the committee, shall be filed with the City Clerk not more than twenty-four {24} hours after the printed campaign communication is mailed or delivered. (c} No person, candidate or committee shall mail or deliver to voters any printed campaign communication that expresses or implies the endorsement of a named candidate or candidates by another named candidate ar candidates, unless the sender first secures the written consent of the candidates named. The original of such written consent shall be filed with the City Clerk at the same time a copy of the printed campaign communication is filed pursuant to subsection {b}. (d} The requirements of this Section shall not apply to the original publication in a regularly published newspaper, magazine or other periodical of general circulation of a news story, editorial, commentary, or photograph; or to the publication of a communication printed by an organization in the regularly R:/Ords 2008/Ords 08-02 5 published newsletter or periodical of the organization which is circulated to the organization's members and/or employees. 2.10.070. Record-keeping and audits. (a} It shall be the duty of each candidate, treasurer, and principal officer of any committee to maintain such detailed accounts, records, bills, copies of checks, and receipts that are necessary to prepare the campaign statements required by this chapter and the Political Reform Act. Such records shall be maintained and retained by the filer pursuant to the provisions of the Political Reform Act and regulations promulgated by the Fair Political Practices Commission. Persons maintaining such records shall, upon not less than seven (7} days written notice, make such records available for review and/or audit by a designated representative of the City of Temecula or the Riverside County District Attorney. (b} Far the specific purpose of enforcing the provisions of this chapter only, the City Clerk or the City Attorney, or their designated representatives, may investigate and audit the records and reports of any candidate, candidate's controlled committee, and any other committee that supports or opposes any candidate or candidates or any city ballot measure. 2.10.080. Remedies. (a} In the case of any violation of this chapter by a committee, the treasurer and any principal officers or, in the case of a controlled committee, the treasurer and the candidate, may be liable for violations as provided herein. If two (2} or more persons are liable for any violation, they shall be jointly and severally liable. (b} Any person or candidate who knowingly or willfully violates any provision of this Chapter shall be subject to the enforcement provisions and penalties of Chapters 1.20, 1.21 and 1.24 of this Code. (c} The City or any person residing in the city may sue in Riverside County Superior Court to enjoin violations of, or to compel compliance with, the provisions of this chapter. Any person who is found by a court of competent jurisdiction in such an action to have intentionally or negligently violated any provision of this chapter may be held liable for a civil penalty not to exceed three (3} times the amount in controversy. In determining the amount of a civil penalty, if any, the court shall take into consideration the seriousness of the violation, and the degree of culpability of the defendant. In lieu of, or in addition to, a civil penalty, the court may order compliance with the provisions of this chapter. Civil penalties, if any, shall be paid to the person or persons filing the action. The prevailing party in any such action shall be entitled to seek and be awarded its attorneys fees and court casts. Any action for civil injunctive relief and/or civil penalty must be filed within one {1 }year of the date of the alleged violation. No R:/Ords 2008/Ords 08-02 6 civil action may be brought if a criminal action is pending for the same or related violations, unless such criminal action is dismissed by the prosecuting attorney." Section 2. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2008/Ords 08-02 7 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the faregaing Ordinance No. 08-02 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22"d day of April, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2008/Ords 08-02 8 TEMECULA COMMUNITY SERVICES DISTRICT ITEM N~}. 13 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT APRIL 22, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 9:10 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Edwards, Naggar, Roberts, Comerchero ABSENT: 1 DIRECTORS: Washington Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of April 8, 2008. 18 TCSD Proposed Rates and Charges for FY 2008-2009 RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. CSD 08-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2008-2009 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH R:\Minutes\042208 19 Professional Services Agreement Amendment -Bonterra Consulting -Environmental Clearance for the Ronald Reagan Sports Park Desilting Basin - Proiect No. PW05-13 RECOMMENDATION: 19.1 Approve the Second Amendment to the agreement with Bonterra Consulting in an amount not to exceed $10,950 to provide additional Environmental Services to complete the environmental permitting phase of the Ronald Reagan Sports Park Desilting Basin -Project No. PW05-13; 19.2 Advance $10,950 from TCSD -Citywide Fund to fund the project until such time the Federal Emergency Management Agency {FEMA) provides funding through its reimbursement program. MOTION: Director Naggar moved to approve staff recommendation. Director Edwards seconded the motion and electronic vote reflected approval with the exception of Director Washington who was absent. CSD DEPARTMENTAL REPORT No additional comment. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No reports at this time. CSD GENERAL MANAGERS REPORT No reports at this time. GSD BOARD OF DIRECTORS REPORTS No reports at this time. R:\Minutes\042208 CSD ADJOURNMENT At 9:12 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 13, 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:\Minutes\042208 ITEM N~}. 14 Approvals City Attorney Director of Finance 5~~ City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 13, 2008 SUBJECT: Sixth Amendment to the Midori Gardens, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Sixth Amendment with Midori Gardens, Inc., for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas in the amount of $885,408.00 for Fiscal Year 2008 - 2009. 2. Authorize the General Manager to approve additional work not to exceed the contingency amount of $88,540.80 which is equal to 10% of the Amendment. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Midori Gardens, Inc. to provide landscape maintenance services for neighborhood parks in the amount of $360,000.00 annually. The First Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $411,600.00 which provided for an annual 3% CPI increase and allowed for continued landscape maintenance services of neighborhood parks. The Second Amendment was approved on June 28, 2005 in the amount of $71,574.00 to authorize the addition of the Redhawk Park Sites (A, B, E, F) and general maintenance of the tennis courts at the Temecula Valley High School through December 31, 2005. The Third Amendment was approved on November 22, 2005 in order to authorize the annual expenditure of $659,383.00 which provided for an annual 4.7% CPI price increase and to allow for continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through December 31, 2006. The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual expenditure of $867,922.00 which provide for an annual 3.4% CPI price increase and to allow for continued landscape maintenance services for neighborhood parks, Patricia H. Birdsall Sports Park, new and supplemental landscape maintenance areas through December 31, 2007. The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual expenditure of $433,961.00 to provide continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through June 30, 2008. Due to the recent economic downturn staff was directed to look at ways to reduce our expenses without negatively impacting services. Several month ago staff began negotiations with Midori Gardens, Inc to reduce our landscape maintenance services costs. Midori has agreed to accept a 3°lo reduction fees without a reduction in services. In return Midori Gardens, Inc. would requestthat the TCSD consider two additional one year extensions to the Agreement. Staff feels that this would be mutually beneficial in that the TCSD would continue to receive the same level of service and benefit from a reduction in costs. The reduced fees could save approximately $26,635 annually. The Sixth Amendment is now requested to extend the term of the Agreement thru June 30, 2009 and authorize the annual expenditure of $885,408.00 plus 10% contingency, to provide continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through June 30, 2009 FISCAL IMPACT: The cost of the Sixth Amendment for services to be provided through June 30, 2009 is $885,408.00 plus an additional ten percent (10%) contingency. There are sufficient funds in the TCSD Budget through June 30, 2009 in the following accounts: 190-180-999-5415 190-180-999-5212 196-180-999-5415 196-180-999-5212 ATTACHMENTS: 1) Amendment No 6. SIXTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND MIDORI GARDENS, INC. FO R MAINTENANCE SERVICES THIS SIXTH AMENDMENT is made and entered into as of May 13, 2008 by and between the Temecula Community Services District, a municipal corporation ("City") and Midori Gardens, Inc. ("Contractor"}. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Community Services District Agreement for Maintenance Services {"Agreement") in the amount of $360,000 annually. B. The First amendment was approved on December 14, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $411,600.00 C. The Second amendment was approved on June 28, 2005 in the amount of $71,574.00 to authorize the addition of the Redhawk Park Sites {A, B, E, F} and general maintenance of the tennis courts at the Temecula Valley High School. D. The Third amendment was approved on November 22, 2005 to increase the payment for the annual 4.7% Consumer Price Index (CPI) adjustment and for additional services in the amount of $659,383.00 and amend the Agreement as set forth in this Amendment. E. The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual expenditure of $867,922.35 which provide for an annual 3.4% CPI price increase and to allow far continued landscape maintenance services areas through June 30, 2008. F. The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual expenditure of $433,961.00 for landscape maintenance services and new and supplemental landscape areas through June 30, 2008 and amend the Agreement as set fort in this Amendment. G. The parties now desire to increase the payment of $885,408.00 for landscape maintenance services and new and supplemental landscape maintenance areas through June 30, 2009 and amend the Agreement as set fort in this Amendment. C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\878781.doc 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2009. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payments rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The sixth amendment amount shall not exceed Eight Hundred Eighty Five Thousand Four Hundred Eight and 00/100 dollars ($885,408.00) through June 30, 2009. The total contract amount is Three Million Six Hundred Eighty Nine Thousand Eight Hundred Forty Eight and 35/100 dollars ($3,689,848.35) for the term of the Agreement, unless additional payments are approved as provided in this Agreement". 4. Except for the changes specifically set forth herein, all other terms and condition of the Agreement shall remain in full force and effect. (// /// C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\878781.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Midori Gardens, inc. 3239 S. Main Street Santa Ana, CA 927U7 (794)759-8792 (phone) (794)751-4967 (fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\878781.doc EXHIBIT A Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site # Site Name Monthly Price Annual Price P-1 Veterans Park $ 1,532.00 $ 18,388.00 P-2 Sam Hicks Monument Park 1,698.00 20,377.00 P-3 Calle Aragon Park 141.00 1,691.00 P-4 Bahia Vista Park 141.00 1,691.00 P-5 Loma Linda Park 1,281.00 15,370.00 P-6 Riverton Park 2,135.00 25,617.00 P-7 John Magee Park 427.00 5,123.00 P-9 Voorburg Park 107.00 1,281.00 P-10 Nicolas Road Park 1,281.00 15,370.00 P-11 Butterfield Stage Park 1,281.00 15,370.00 P-12 Temecula Duck Pond 2,998.00 35,980.00 P-13 Rotary Park 256.00 3,074.00 P-14 Nakayama Park 107.00 1,281.00 P-15 Winchester Creek Park 1,708.00 20,494.00 P-16 Long Canyon Creek Park 1,335.00 16,019.00 P-17 Vail Ranch Park 6,575.00 78,897.00 P-18 Stephen Michael Linen Jr. Memorial Park 854.00 10,247.00 P-19 Pablo Apis Park 854.00 10,247.00 P-20 Crowne Hill Park 1,537.00 18,444.00 P-21 Meadows Park 2,135.00 25,617.00 P-22 Pauba Ridge 2,135.00 25,617.00 P-23 Serena Hills Park 1,388.00 16,651.00 P-24 Harveston Lake Park 3,570.00 42,845.00 SS-1 Via Eduardo Streetscape 136.00 1,630.00 FC-1 Nada Lane 108.00 1,298.00 T-1 Santa Gertrudis Trail 249.00 2,985.00 P-25 Sunset Park 763.00 9,161.00 P-26 Paseo Gallante Park 858.00 10,295.00 P-27 Temecula Creek Trail Park 3,408.00 40,892.00 P-28 Redhawk Community Park 6,878.00 82,539.00 SP-8 Patricia H. Birdsall Sports Park 15,045.00 180,536.00 SC-4 Temecula Valley High School Tennis Court 620.00 7,435.00 P-29 Wolf Creek Linear Park (North) 1,535.00 18,415.00 P-29A Wolf Creek Linear Park (South) 1,775.00 21,303.00 P-30 Wolf Creek Neighborhood Park 3,029.00 36,348.00 C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\878781.doc EXHIBIT A (Continued) T-2 Temecula Creek Village Trail T-3 Murrieta Creek Multi-Purpose Trail Monthly Price 228.00 3, 679.00 TOTAL $ 73.784.00 Authorized Signature Annual Price 2,732.00 44,148.00 $ 885.408.00 C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\878781.doc Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single fieldlSat.&Sun. Includes trash removal). Price per Square Faot Monthly Annually NIA sq. ft. .0100 .1199 sq. ft. .0150 .1804 sq. ft. NIA sq. ft. NIA sq. ft. .0070 .0838 sq. ft. NIA per field NIA per field Authorized Signature C:1Program Files (x86)\Neevia.Com\Document Converterltemp\878781.doc Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) 1. Mowing (Including bagging of clippings) 2. Edging 3. String Trimming 4. Aerification (Core13"} 5. Aerification (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement only) 9. Materials (Fertilizer, Soil Amends) Unit Cost $ .0237 .0053 .0051 .0005 A076 20.52 32.40 .0007 19.40% sq. ft. linear ft. linear ft. sq. ft. sq. ft. per man hr. per man hr. sq. ft. mark-up II. General Landscape Maintenance (Planters and Slop e areas) 1. Edging (Ground Cover) $ .0053 linear ft. 2. Trimming {Shrubs, Ground Cover) .0161 sq. ft. 3. Pruning/Shrubs, Vines, Roses .0324 sq. ft. 4. Pruning/Trees (To 18') 54.01 each 5. Weed Removal (Manual) 20.52 per man hr. 6. Pest Control (Manual) 32.40 per man hr. 7. Fertilization (Placement only) .0007 sq. ft. 8. Vegetation Removal .0324 sq. ft. 9. Materials (Fertilizer, Soil Amends) 19.40°lo mark-up III. Plant Material (Installed, all areas) 1. Annual Color (4" Container) $ 1.685 each 2. Ground Cover 17.28 flat 3. One (1) Gallon 6.48 each 4. Five (5) Gallon 17.28 each 5. Fifteen (15) Gallon 70.21 each 6. 24" Box Tree 270.05 each 7. Seeded Turf .0324 sq. ft. 8. Sadded Turf 1.0796 sq. ft. 9. Hydroseed .6480 sq. ft. 10. Soil Preparation (Existing area) .0324 sq. ft. 11. Soil Preparation (New area) .4313 sq. ft. 12. Wood Mulch 54.01 cu. yd. (applied) IV. Irrigation System Maintenance 1. Inspection $ 27.00 per hr. 2. Repair (Main line, Lateral line, Sprinklers} 27.00 per hr. 3. Parts 19.40% mark-up V. General Pest Control 1. Written Recommendation by PCA $ 64.81 each 2. Qualified Applicator (QAC) 37.80 per hr. 3. Trained Applicator 27.00 per hr. 4. Material 19.40°lo mark-up C:1Program Files (x86)\Neevia.Com\Document Conveiterltemp\878781.doc ITEM N~}. 15 Approvals City Attorney Director of Finance 5~~ City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 13, 2008 SUBJECT: Sixth Amendment to the Excel Landscape, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Sixth Amendment with Excel Landscape, Inc., to provide continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $1,668,486.00 for Fiscal Year 2008 - 2009. 2. Authorize the General Manager to approve additional work not to exceed the contingency amount of $166,848.60 which is equal to 10% of the Amendment. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Excel Landscape, Inc. to provide landscape maintenance services for medians, facilities and the south slope areas in the amount of $480,350.00 annually. The First Amendment was approved on May 11, 2004 in order to increase payment in the amount of $406,205.00 for the addition of landscape maintenance services of sports parks, north slope areas and to allow for the addition of supplemental landscape services. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1,397,340.00 which provided for an annual 3% CPI price increase and allowed for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. The Third Amendment was approved on November 22, 2005 in order to authorize the annual expenditure of $1,833,238.00 which provided for an annual 4.7% CPI price increase and to allow for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through December 31, 2006. The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual expenditure of $ 1,721,107.00 which provided for an annual 3.4% CPI price increase and to allow for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through December 31, 2007. The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual expenditure of $860,553.00 to provide continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through June 30, 2008. Due to the recent economic downturn staff was directed to look at ways to reduce our expenses without negatively impacting services. Several month ago staff began negotiations with Excel Landscape, Inc. to reduce our landscape maintenance services costs. Excel has agreed to accept a 3°lo reduction fees without a reduction in services. In return Excel Landscape would request that the TCSD consider two additional one year extensions to the Agreement. Staff feels that this would be mutually beneficial in that the TCSD would continue to receive the same level of service and benefit from a reduction in costs. The reduced fees could save approximately $51,000 annually. The Sixth Amendment is now requested to extend the term of the Agreement thru June 30, 2009 and authorize the annual expenditure of $1,668,486.00 plus 10°~ contingency, to provide continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through June 30, 2009. FISCAL IMPACT: The cost of the Sixth Amendment for services to be provided thraugh June 30, 2009 is $1,668,486.00 plus an additional ten percent (10°l0) contingency. There are sufficient funds in the TCSD Budget through June 30, 2009 in the fallowing accounts: 190-180-999-5415 193-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 197-180-999-5415 190-185-999-5415 001-171-999-5212 190-188-999-5415 001-164-603-5415 190-189-999-5415 340-701-199-5415 340-702-199-5415 340-703-199-5415 ATTACHMENTS: 1) Amendment No 6. SIXTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE INC. FO R MAINTENANCE SERVICES THIS SIXTH AMENDMENT is made and entered into as of May 13, 2008 by and between the Temecula Community Services District, a municipal corporation ("City") and Excel Landscape Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $480,350.00 annually. B. The First Amendment was approved on May 11, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $406,205.00 through December 31, 2004. C. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1,397,340.00 for landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. D. The Third Amendment was approved on November 22, 2005 to increase the payment for the annual 4.7% Consumer Price Index {CPI) adjustment and for additional services in the amount of $ 1,833,238.00 and amend the Agreement as set forth in this Amendment. E. The Fourth Amendment was approved on November 28, 2006 to increase the payment for the annual 3.4% Consumer Price Index {CPI) adjustment and for additional services in the amount of $1,721,107.00 and amend the Agreement as set forth in this Amendment. F. The Fifth Amendment was approved on November 27, 2007 in order to authorize the annual expenditure of $860,553.00 for landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through June 30, 2008. G. The parties now desire to increase the payment of $1,668,486.00 for landscape maintenance services and new and supplemental landscape maintenance areas through June 30, 2009 and amend the Agreement as set forth in this Amendment. C:1Ping~am Files (x86)1Neevia.ComlDocument Converterkemp1879589.doc 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30. 2009. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A far maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The Sixth Amendment amount shall not exceed One Million Six Hundred Sixty Eight Thousand Four Hundred Eighty Six and 001100 dollars {$1,668,486.00) through June 30, 2009. The total contract amount is Eight Million Three Hundred Sixty Seven Thousand Two Hundred Seventy Nine and OOI100 dollars {$8,367,279.00) for the term of the Agreement, unless additional payments are approved as provided in this Agreement". 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. Illl C:1Ping~am Files (x86)1Neevia.ComlDocument Converterkemp1879589.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. Jose Alfaro, President 790 Rimpau Ave, Suite 708 Corona CA 92879 (909) 735-9650 {909) 735-0469 {Fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C:1Prog~am Files (x86)1Neevia.ComlDocument Convata~kemp1879589.doc EXHIBIT A Pricing Sheet far Landscape Maintenance SPORTS PARKS/SCHOOL SITES SERVICE AREA Site # Site Name Monthly Price Annual Price SP-1 Ronald Reagan Sports Park $1 0,715 $1 28,585 SP-2 Paloma Del Sol Park $ 4,668 $ 56,013 SP-3 Pala Community Park $ 2,906 $ 34,868 SP-4 Kent Hintergardt Park $ 4,421 $ 53,052 SP-5 Margarita Community Park {TES) $ 4,195 $ 50,343 SP-6 Temeku Hills Park $ 4,678 $ 56,139 SP-7 Harveston Community Park $ 8,191 $ 98,291 SC-1 Temecula Middle School $ 456 $ 5,469 SC-3 James L. Day Middle School $ 544 $ 6,527 SC-6 Vail Ranch Middle School $ 906 $ 10,875 SC-7 Paloma Elementary School $ 906 $ 10,875 SC-8 Pauba Valley Elementary School $ 454 $ 5,444 TOTAL 43 040 516 481 Authorized Signature C:1Prog~am Files (x86)1Neevia.ComlDocument Convata~kemp1879589.doc EXHIBIT A Pricing Sheet far Landscape Maintenance MEDIANS SERVICE AREA Site # Site Name Monthly Price Annual Price M-01 Rancho California Road Medians $ 664 $ 7,964 M-02 Ynez Road Medians (includes Solana Way) $ 718 $ 8,619 M-03 Butterfield Stage Road Medians $ 159 $ 1,903 M-04 Margarita Road Medians (North) $ 745 $ 8,935 M-05 Margarita Road Medians (South) $ 159 $ 1,903 M-06 Winchester Road at Jefferson Median $ 159 $ 1,903 M-07 Pechanga Parkway Medians $ 159 $ 1,903 M-08 Meadows Parkway Medians (North) $ 745 $ 8,934 M-09 Paseo Del Sol Medians $ 745 $ 8,934 M-10 Harveston Medians (Date St/Margarita Rd) $1 ,332 $15,979 M-11 Jefferson Avenue Medians $ 158 $ 1,890 M-12 Overland Drive MedianslBridge $ 263 $ 3,150 M-13 Redhawk Medians $ 525 $ 6,301 FV11-1 Interstate 15 $3 ,982 $47,786 M-03A Butterfield Stage Road Medians {Crowne Hill) $ 491 $ 5,898 M-10A Harveston Medians (Date St /Ynez Rd) $ 1,204 $14,443 M-14 79 South Medians $ 2,022 $24,266 M-15 Wolf Valley Road Median $ 39 $ 469 M-16 Diaz Road Median I Parkway $ 586 $ 7,029 M-17 Meadows Parkway Medians (South) $ 171 $2,046 TOTAL 15 021 180 256 Authorized Signature C:1Prog~am Files (x86)1Neevia.ComlDocument Convata~kemp1879589.doc EXHIBIT A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthly Price Annual Price F-1 Community Recreation Center $ 1,871 $ 22,456 F-2 Mary Phillips Senior Center $ 617 $ 7,410 F-3 City Hall/Maintenance Facility $ 1,514 $ 18,171 F-4 Temecula Community Center $ 395 $ 4,738 F-5 Fire Station #84 $ 607 $ 7,284 F-6 Old Town Temecula /Gate Way $ 2,281 $ 27,368 F-10 Temecula Children's Museum $ 324 $ 3,894 F-12 Temecula Community Theater $ 85 $ 1,024 F-13 Temecula Public Library $ 1,170 $ 14,039 *F-14 Roripaugh Ranch Fire Station # 95 $ 481 $ 5,777 F-15 Wolf Creek Fire Station # 92 $ 431 $ 5,175 F-20 Fire Station # 92 A $ 192 $ 2,306 F-22 Fire Station #73 $ 198 $ 2,382 {*Supplemental Area) TOTAL 10 169 122 024 Authorized Signature C:1Prog~am Files (x86)1Neevia.ComlDocument Convata~kemp1879589.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA {SOUTH} Site # Site Name Monthly Price Annual Price S-3 Rancho Highlands $ 1,569 $18,824 S-8 The Villages A and B $ 7,004 $84,052 S-12 Vintage Hills $ 4,588 $55,056 S-13 Presley (Viranda, Country Glen, Bridlevale} $ 1,425 $17,100 S-16 Tradewinds $ 914 $10,963 S-20 Crowne Hill $ 1,447 $17,365 S-20A Crowne Hill (Phase 2 & 3} $ 4,820 $57,841 S-21 Vail Ranch $10,884 $130,614 S-23 Pheasant Run $ 281 $3,377 S-26 Gallery Homes Traditions $ 86 $1,027 S-28 Wolf Creek (North) $ 1,204 $14,443 S-28A Wolf Creek (South) $ 863 $10,351 S-28B Wolf Creek Channel $ 6,690 $80,279 S-29 Gallery Homes Portraits $ 110 $1,324 TOTAL 41 885 502 615 Authorized Signature C:1Ping~am Files (x86)1Neevia.ComlDocument Converterkemp1879589.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (NORTH) Site # Site Name Monthly Price Annual Price S-1 Saddlewood/Pavillion Point $ 2,478 $ 29,739 S-2 Winchester Creek I and II $ 1,654 $ 19,847 S-4 The Vineyards $ 359 $ 4,309 S-5 Signet Series $ 3,788 $ 45,453 S-6 Woodcrest Country $ 867 $ 10,405 S-7 Ridgeview $ 1,026 $ 12,312 S-9 Rancho Solana $ 63 $ 756 S-10 Martinique $ 309 $ 3,705 S-11 Meadowview Estates $ 197 $ 2,369 S-14 Mirada $ 560 $ 6,717 S-15 Barclay Estates $ 584 $ 7,006 S-17 Monte Vista $ 87 $ 1,046 S-18 Temeku Hills $ 4,893 $ 58,710 S-19 Campos Verdes $ 2,349 $ 28,189 S-22 Sutton Place/Lennar $ 244 $ 2,924 S-24 Harveston (Phase I) $ 2,651 $ 31,806 S-24A Harveston (Phase 2} $ 3.914 $ 46,964 S-25 Serena Hills $ 2,120 $ 25,442 S-27 Richmond American (26828) $ 351 $ 4,211 *S-30 Valdemosa $ 433 $ 5,199 TOTAL 28 926 347 110 (*Supplemental Area) Authorized Signature C:1Ping~am Files (x86)1Neevia.ComlDocument Converterkemp1879589.doc EXHIBIT A Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Man.-Fri. Includes trash removal). Ballfield Preparation {Single field/Sat and Sun. Includes trash removal}. Price per Square Foot Monthly Annually .0123 .1432 sq. ft. .0100 .1199 sq. ft. .0081 .0996 sq. ft. .0150 .1804 sq. ft. .0150 .1804 sq. ft. .0040 .0477 sq. ft. 1,044.00 12,529.00 per fld. *1,002.00 12,024.00 per fld. * Up to three {3) fields for same amount. Authorized Signature C:1Ping~am Files (x86)1Neevia.ComlDocument Converterkemp1879589.doc EXHIBIT A Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) Unit Cost 1. Mowing (Including bagging of clippings) $ .0021 sq. ft. 2. Edging .0053 linear ft. 3. String Trimming .1081 linear ft. 4. Aerification {Core/3") .0021 sq. ft. 5. Aerification (Deep Tine/6") NIA sq. ft. 6. Weed Removal {Manual) 21.60 per man hr. 7. Pest Control {Manual) 37.80 per man hr. 8. Fertilization (Placement only) .0010 sq. ft. 9. Materials (Fertilizer, Soil Amends) 19.40% mark-up II. General Landscape Maintenance (Planters and Slop e areas) 1. Edging (Ground Cover} $ .1620 linear ft. 2. Trimming (Shrubs, Ground Cover) .0215 sq. ft. 3. PruninglShrubs, Vines, Rases .0432 sq. ft. 4. Pruning/Trees (To 18') 43.20 each 5. Weed Remaval {Manual) 21.60 per man hr. 6. Pest Control {Manual) 37.80 per man hr. 7. Fertilization (Placement only) .0021 sq. ft. 8. Vegetation Removal .0201 sq. ft. 9. Materials (Fertilizer, Soil Amends) 19.40% mark-up III. Plant Material (Installed, all areas) 1. Annual Color {4" Container) $ 1.620 each 2. Ground Cover 21.70 flat 3. One (1) Gallon 6.46 each 4. Five {5) Gallon 19.43 each 5. Fifteen (15) Gallon 81.00 each 6. 24" Box Tree 216.04 each 7. Seeded Turf .1620 sq. ft. 8. Sodded Turf .9177 sq. ft. 9. Hydroseed .1081 sq. ft. 10. Soil Preparation (Existing area) .2160 sq. ft. 11. Soil Preparation (New area} .1620 sq. ft. 12. Wood Mulch 37.80 cu. yd. IV. Irrig ation System Maintenance 1. Inspection $ 43.20 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 37.80 per hr. 3. Parts 19.40% mark-up V. General Pest Control 1. Written Recommendation by PCA $ 216.04 each 2. Qualified Applicator (QAC) 48.60 per hr. 3. Trained Applicator 37.80 per hr. 4. Material 19.40% mark-up C:1Pro~am Files (x86)1Neevia.ComlDocument Converterkemp1879589.doc ITEM N~}. 1G Approvals City Attorney S~~ Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 13, 2008 SUBJECT: Tract Map No. 23103-2 -Service Level B, Service Level C and Service Level D Rates and Charges PREPARED BY: Barbara Smith, Senior Management Analyst 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 ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 23103-2 BEGINNING FISCAL YEAR 2009-02010 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting, perimeter slope landscaping maintenance and recycling/refuse collection services to numerous residential subdivisions within the City of Temecula through Service Level "B", Service Level "C" and Service Level "D". The boundaries of the TCSD are coterminous with the City and the City Council serves as the Board of Directors of the TCSD. Tract Map No. 23103-2 is a future 37 lot residential infill development. The area to be subdivided is 18.3 acres of vacant property located on the northwest corner of Chemin Clinet and Butterfield Stage Road adjacent to Chardonnay Hills. During the development review process the project was conditioned to install street lighting and perimeter slope landscaping along Butterfield Stage Road. Both the street lighting and perimeter slope landscaping will be incorporated into the appropriate TCSD areas of maintenance. In orderto provide for the ongoing cost of services for the street lighting and landscape maintenance TCSD shall establish the parcel charges in compliance with Proposition 218. Beginning the Fiscal Year 2009-2010, the following TCSD rates and charges are proposed for residential street lighting, perimeter slope landscape maintenance and recycling/refuse collection services within Tract Map No. 23103-2: Service Level B $ 25.68 Service Level C $640.00 Service Level D $218.52 The Service Level C rate the TCSD proposes will include a cost of living escalator in the charge to keep Service Level C revenues in line with the costs of providing Service Level C services. Beginning fiscal year 2010-2011, the annual Service Level C charge may increase by the lesser of the previous calendar year's Consumer Price Index for all Urban Consumers in the Los Angeles- Riverside-Orange Counties, California ar by five percent {5°~). The rate shown for Service Level D is the proposed rate for 2008-2009. The actual rate assessed in 2009-2010 shall be revised as per the City's contract with our franchised hauler. Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and obtain voter or property owner approval in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected parcels and the amount of the proposed rates and charges. A notice is mailed to the property owners identifying the proposed rates and charges and with the date of the public hearing. The public hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the public hearing. The proposed rates and charges far Service Level B and Service Level C cannot be imposed unless the property owners approve the proposed charges. I n accordance with Proposition 218, property owners shall receive notice of the proposed charges for Service Level D, however, mailed ballot proceedings are not required to impose these rates and charges for recycling/refuse collection services. Staff recommends that the Board of Directors adapt the resolution to accept the filing of the report on the proposed street lighting; perimeter slope landscape maintenance and recyclinglrefuse collection service rates and charges for Tract Map No. 23103-2 beginning in Fiscal Year 2009-2010 and schedule a public hearing for July 8, 2008. Staff will then proceed with noticing the owner of Tract Map No. 23103-2 regarding the proposed rates and charges and the public hearing date. If there is no majority protest against the rates and charges on July 8, 2008 staffwill then proceed with the mailed ballot process for Service Level B and Service Level C. FISCAL IMPACT: If voter approved, upon build out of the development, the proposed Service Level B rate and charge of $25.68 will generate an annual levy of $950.16. The proposed Service Level C rate and charge of $640.00 will generate an annual levy of $23,680.00. The proposed Service Level D charge of $218.52 will generate an annual levy of $8,085.24.Actualcosts for providing long-term perimeter slope landscape maintenance services within Tract Map No. 23103-2 will be determined on an annual basis and the escalator will be applied as necessary. The owner of Tract Map No. 23103-2 has paid the administrative and mailing costs associated with the public notices and ballot information required per Proposition 218. ATTACHMENTS: 1. Site Map 2. Notice of Public Hearing 3. Resolution of Intention VINYARDS VIEW ESTATES CITY OF TEMECULA TRACT 23103-2 -0PEN SPACE LOT 39 34,537 S.F. (0.793 AC) 1 \ ~ \ \ \ ~ ~ ~~ am ~w ura ~ v r ~. a ~ +~ s r ~ :. ^ ~°.. ~ I -~ r I ~ _ ~_ n ~ r ~~ `~ SCALE: NTS INDICATES AREAS TO BE LANDSCAPED AND MAINTAINED BY CITY OF TEMECULA -OPEN SPACE LOT 38 49,975 S.F. (1.15 AC) ~~ ~ ~ ~~#. ~ \ ~ \ ~ \ NOTICE OF PUBLIC HEARING TEMECULA COMMUNITY SERVICES DISTRICT PROPOSED IMPOSITION OF SERVICE LEVEL B, SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES AGAINST RESIDENTIAL LOTS WITHIN TRACT MAP N0.23103-2 BEGINNING IN FISCAL YEAR 2009-2010 The Temecula Community Services District (TCSD} has initiated proceedings to assume responsibility for residential street lighting, perimeter slope landscape maintenance and recycling/refuse collection services within Tract Map Na. 23103-2 beginning with the 2009-2010 fiscal year. In response to this request, and in accordance with Government Code Section 61115, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of the parcels within Tract Map No. 23103-2 and the proposed amounts of the annual rates and charges for each parcel beginning in Fiscal Year 2009-2010. The TCSD Board of Directors will conduct a public hearing on the following date, time and location on the Report and the proposed imposition of rates and charges within Tract Map No. 23103-2: Date: July 8, 2008 Time: 7:00 p.m. Location: City Council Chambers City Hall 43200 Business Park Drive Temecula, California 92590 At the public hearing, the City Council and TCSD Board of Directors will hear and consider all objections or protests, if any, to the Report and to the proposed rates and charges. Any property owner may file with the City Clerk a written protest against the rates and charges at any time prior to the conclusion of the public hearing. The TCSD operates under the authority of the Community Services District Law and provides residential street lighting, perimeter slope landscape maintenance, unpaved street and road maintenance, and recycling/refuse collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council also serves as the Board of Directors of the TCSD. Property owners only pay for the services that they actually receive through separate rates and charges on their property tax bill. The services proposed to be provided to Tract Map No. 23103-2 by the TCSD are divided into three service levels: 11087.0007 857307.3 1. Service Level B -Residential Street Lights. The revenues from this Service Level are used to finance the operation, maintenance, utility costs and administration of residential streetlights. The annual charge is calculated by dividing the total estimated cost for the fiscal year by the total number of improved residential lots with residential streetlights. For fiscal year 2009-2010, this amount is proposed to be no more than $25.68 per residential parcel. 2. Service Level C -Perimeter Landscaping and Slope Maintenance. The revenues from Service Level C charges are used to finance the operation, maintenance, utility costs, improvements, and administration of all perimeter slope landscape maintenance areas maintained by the TCSD. The annual charge is calculated by dividing the total estimated cost for the fiscal year for landscaping and slope maintenance by the total number of proposed residential lots. For fiscal year 2009-2010, the Service Level C charge is proposed to be $640.00 per residential parcel. In addition, TCSD proposes to include a cost of living escalator in the charge to keep Service Level C revenues in line with the costs of providing Service Level C services. Beginning fiscal year 2010-2011, the annual Service Level C charge may increase by the lesser of {i) the percentage change from the previous calendar year's Consumer Price Index for All Urban Consumers in the Los Angeles-Riverside-Orange Counties, CA or {ii) five percent. 3. Service Level D -Refuse/Recycling Collection. The revenues from this Service Level are used to finance the operation and administration of the refuse/recycling collection program for all single-family residential homes. The annual charge is calculated from a formula which uses the following factors: Consumer Price Index (CPI); Riverside County Landfill Tip Fee, and #2 Diesel Fuel index. For fiscal year 2008-2009, this amount is $218.52 per occupied residential parcel. This rate will change each fiscal year. If you have any questions about this notice or the proposed rates and charges, please do not hesitate to contact the TCSD at (951) 694-6480. RESOLUTION NO. CSD 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NO. 23103-2 BEGINNING FISCAL YEAR 2009-2014 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District {"TCSD"}, to provide specified services to properties within its jurisdiction. Section 2. TCSD provides long-term residential street lighting, perimeter slope landscape maintenance and recycling/refuse collection services in numerous residential developments within the City of Temecula. Pursuant to Government Code Section 61115, TCSD has prescribed, revised and collected rates and charges for residential street lighting {Service Level B}; perimeter slope landscape maintenance {Service Level C} and recycling/refuse collection {Service Level D} services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Section 61115. Section 3. TCSD hereby initiates proceedings to provide residential street lighting, perimeter slope landscape maintenance and recyclinglrefuse collection services within Tract 23103-2 beginning Fiscal Year 2009-2010. Pursuant to Government Code Section 61115, the TCSD has caused a written report {"Report"} to be prepared and filed with the Secretary of the TCSD, which contains a description of the real property and the proposed amount of the Service Level B, Service Level C and Service Level D rates and charges required for residential street lighting, perimeter slope landscape maintenance and recycling/refuse collection services provided to each parcel within Tract Map No. 23103-2 beginning fiscal year 2009-2010. The TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including but not limited to, those pertaining to the matter of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charges are levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of July 8, 2008 at the hour of 7:00 pm, or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed Service Level B, Service Level C and Service Level D rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary 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 13th day of May, 2008. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard 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 13th day of May, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary REDEVELOPMENT AGENCY ITEM N~}. 17 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY APRIL 22, 2008 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 9:12 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Edwards, Naggar Roberts ABSENT: 1 AGENCY MEMBERS: Washington Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No public input. RDA CONSENT CALENDAR 21 Minutes RECOMMENDATION: 21.1 Approve the minutes of April 8, 2008. 22 Second Amendment to Agreement far Professional Service Agreement with RBF Consulting for Old Town Infrastructure Project -Mercedes and Main Street Improvements -Project No. PW06-0711 C) RECOMMENDATION: 22.1 Approve the second amendment to the Agreement with RBF Consulting for Old Town Infrastructure Project -Mercedes and Main Street Improvements Project No. PW06-07{1 C), in the amount not to exceed $20,000, and authorize the Mayor to execute the amendment. MOTION: Agency Member Naggar moved to approve staff recommendation. Agency Member Edwards seconded the motion and electronic vote reflected approval with the exception of Agency Member Washington who was absent. R:\Minutes1042208 RDA DEPARTMENTAL REPORT No additional comment. RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS With respect to a request made by Mr. Otto Baron regarding the relocation of the Escallier House to a vacant piece of property on Pujol Street, Agency Member Roberts advised that the vacant piece of property referenced is not for sale. RDA ADJOURNMENT At 9:14 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 13, 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 Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes1042208 2 TEMECULA PUBLIC FINANCING AUTHORITY ITEM N~}. 18 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY FEBRUARY 12, 2008 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:59 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: AUTHORITY MEMBERS: Comerchero, Edwards, Roberts Washington, Naggar ABSENT: AUTHORITY MEMBERS: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. TPFA CONSENT CALENDAR 27 Minutes RECOMMENDATION: 27.1 Approve the minutes of July 24, 2007. MOTION: Agency Member Comerchero moved to approve the Consent Calendar. Agency Member Roberts seconded the motion and electronic vote reflected unanimous approval. JOINT CITY COUNCIL/TPFA BUSINESS 28 Execution and Delivery of Certificates of Participation Relating to the New Civic Center Facility RECOMMENDATION: 28.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 08-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING AND DIRECTING THE PREPARATION AND EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS, AUTHORIZING THE PREPARATION AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF CERTIFICATES OF PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO R:\Minutes.tpfa\021208 2$.2 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 08-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING, AUTHORIZING, AND DIRECTING PREPARATION AND EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO Director of Finance Roberts provided a staff report (of record) A. Mr. Brian Quint, representing Quint & Thimmig, spoke regarding the two proposed Resolutions before the City Council. B. Mr. Jim Fabian, representing Fieldman, Rolapp & Associates, highlighted the rating report of the financial results demonstrated by the City of Temecula. City Manager Nelson added the fallowing with respect to the financing of the new Civic Center project: • That the estimated budget remains at $44 million; that $5 million was set aside for furniture, fixtures, and equipment for the facility • That more than half of the project will be paid by way of cash and that the remaining half will be financed through the Certificates of Participation (COP) bonds • That based on the consultants preliminary analysis, the City may only need to borrow a gross of $24 million as opposed to $25 million, noting that this will be clarified in March, 2008 • That the annual debt service or yearly payment for the bonds is estimated to be $1.5 million • That staff has identified an existing revenue stream from the sales tax of CFD 88-12 • That in 2010, the CFD $8-12 annual debt service will be reduced from $1.6 million to $1.1 million • That in 2017 the bonds will be fully paid and will generate an additional $1.1 million in new revenue which will allow the City to cover the debt service cost For Mayor Naggar, City Manger Nelson noted that the intent would be to pay off the debt service in 5 to 10 years; and that the new revenue stream identified will help pay the servicing of the bonds. In closing, City Manager Nelson noted that staff would be of the opinion that the Civic Center project will establish Old Town as a true downtown; that the parking structure will provide hundreds of new parking spaces to accommodate the economic activity and vitality of Old Town; that the Old Town square will become a major focal point for cultural and community events for many years to come; and that the new civic center will establish Old Town as the center of governmental operations for the citizens of Temecula for years to come. For Council Member Washington, City Manager Nelson reiterated the revenue stream. R:\Minutes.tpfa\021208 2 A. Mr. Ed Dool, Temecula, relayed his excitement toward the proposed project and thanked staff and the City Council for working with the Old Town merchants to bring this project to fruition. The City Council commended staff on its efforts. MOTION: Agency Member Roberts moved to approve Item No. 28.1. Agency Member Comerchero seconded the motion and electronic vote reflected unanimous approval. MOTION: Agency Member Comerchero moved to approve Item No. 28.2. Agency Member Edwards seconded the motion and electronic vote reflected unanimous approval. ADJOURNMENT At 8:28 p. m., the Temecula Public Financing Authority Meeting was formally adjourned. Mike Naggar, Chairman ATTEST: Susan W. Jones, CMC City ClerklAgency Secretary [SEAL] R:\Minutes.tpfa\021208 3 ITEM N~}. 19 Approvals City Attorney Director of Finance 5~~ City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: May 13, 2008 SUBJECT: Initiation of City Construction of Priority Public Improvements with Bond Proceeds (CFD 03-02) PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: That the Board of Directors of the Temecula Public Financing Authority adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING AND DIRECTING VARIOUS ACTIONS WITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) BACKGROUND: Roripaugh Ranch Project On November 26, 2002, the City Council approved the Roripaugh Ranch Specific Plan (SP 11) which provides a specific plan for 804.7 acres consisting of the development of a maximum of 2,015 dwelling units, but is currently planned for 1,745, 110,000 square feet of neighborhood commercial retail space, a 12 acre elementary school site, and a 20-acre middle school site, a 19.7 acre sports park (Planning Area 27), a 5.1 acre neighborhood park (Planning Area 6), a fire station site and fire station (Planning Area 32), and 202.7 acres of natural open space, flood control improvements to Santa Gertrudes Creek and long Valley Wash, and on-site and off-site public infrastructure improvements ("Project"). On December 17, 2002 the City Council also approved a Development Agreement for the Project ("Development Agreement") that vests authorized land use requirements for the Project, provides for certain development fee credits based on Developer's construction of designated public improvements, and conditions the issuance of building permits on the completion of designated public improvements necessary to mitigate the impacts of the development. CFD Bonds for Public Improvements On April 27, 2006, the Temecula Public Financing Authority issued $51,250,000 Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch), 2006 Special Tax Bonds ("Bonds"). The Community Facilities District comprises the area of the Roripaugh Ranch Specific Plan. The proceeds of the Bonds were to finance the construction of certain designated public improvements to mitigate impacts of the Project. The debt service on the Bonds is paid for with Special Taxes levied on the property within the Roripaugh Ranch Specific Plan. Disclosure DeficiencieslUSA Commercial Mortgage Entities Bankruptcies One of the member entities of the Developer, Ashby USA LLC, is USA Investments Partners LLC. On May 26, 2006, the Authority was notified that Chapter 11 reorganization filings were made in the US Bankruptcy Court, District of Nevada (Las Vegas) on April 13, 2006 far USA Commercial Mortgage Company and four related entities that are affiliates of or have common ownership with USA Investment Partners LLC. The bankruptcycourtfilingstyere made priorto the issuance of the Bonds. USA Investment Partners LLC was also a member and 50% owner of Tanamera Homes, Inc., the 100% member of three limited liability companies that owned land within the Project that was responsible for approximately 15.52°~ of the estimated allocation of special tax liability with respect to the Community Facilities District. USA Investment Partners did not file for Chapter 11 reorganization in April 2006 with the other USA Commercial Mortgage entities but did file for Chapter 11 reorganization proceedings in July 2007. On June 1, 2006, the Authority issued Release No. 1 describing certain disclosure deficiencies in the Official Statement, including, among others, the failure to disclose the bankruptcyfilings of the USA Commercial Mortgage Company entities. Since that time the Authority has issued 22 additional Releases disclosing the status of the Project, the status of the Bonds and the delinquencies in payment of the Special Taxes Ashby USA LLC, the Tanamera entities and subsequent owners and filed these with a national repository of municipal bond documents so that they are available to all bond holders and potential investors. The Releases are public documents available at cast from the City Clerk's Office. Current Status of Bonds, Project and Owners' Payment of Special Taxes Exceptfor an initial distribution of Bond Proceeds for construction of the Fire Station, a small portion of Murrieta Hot Springs Road, and costs of issuance, the Authority has not made any substantial distribution of the proceeds of the Bonds for Public Improvements. The Developer, Ashby USA LLC, has only completed designated Public Improvements sufficient to authorize the issuance of 107 building permits pursuant to the Development Agreement. Other Public Improvements are partially completed. Many of the contractors who worked on these improvements were not paid by Ashby USA LLC and have filed approximately $12 million in mechanics liens on the Ashby USA property as well as filing lawsuits against Ashby USA LLC, the City and Authority to collect their invoices. The Tanamera entities were not able to meet debt service obligations to their lenders and their properties were foreclosed on by the lenders during the second and third quarters of 2007 and are now owned by their lenders, Key Bank, Vineyard Bank and Downey Savings. Approximately 88 acres of Ashby USA LLC's property was sold to Wingsweep Corporation at a foreclosure sale in February 2008 initiated by one of Ashby USA LLC's lenders, Bank of the West. Ashby USA LLC has been delinquent in the payment of Special Taxes for the Second Installment of FY 2006-07 {April 10, 2007} and the First Installment of FY 2007-08 {December 10, 2007). At the time the Bonds were issued, the Authority required Ashby USA LLC to post a letter of credit in the amount of $6,679,002 which is equal to two years estimated annual Special Taxes (assuming build-out) of properties within the Project originally owned by Ashby USA LLC and the Tanamera/Roripaugh entities. The letter of credit was issued by AmTrust Bank (then known as Ohio Savings Bank) with a confirmation by Citibank N.A. The Authority has drawn on the letter of credit three times in the combined amount of $3,226,627.39 in order to make three of the debt service payments. The letter of credit was not renewed bythe issuing banks and the Authoritydrew the remaining amounts on the letter of credit in the amount of $3,412,347.62. The Authority will apply these remaining proceeds drawn on the letter of credit to further debt services payments if additional Special Tax payments on those certain properties in the CFD are not timely made. AmTrust Bank on behalf of Ashby USA paid the delinquent Special Taxes owed byAshby USA LLC that became delinquent when not paid on April 10,2007 as well as applicable penalties, interest and collection costs on April 3, 2008. As of May 6, 2008 Ashby USA LLC and Key Bank remain delinquent in the payment of Special Taxes that became delinquent when not paid on December 10, 2007. On April 2, 2008, Wingsweep Corporation paid the delinquent Special Taxes plus applicable penalties, interest and collection costs on the Ashby USA LLC properties it had acquired at the foreclosure sale of February 2008. Neither Ashby USA nor Key Bank paid the installment of Special Taxes that became delinquent when not paid on April 10, 2008. As of May 6, 2008a total of $2,482,503.42 in Special Taxes is delinquent (which does not include any penalties or interest). The Authority has made all required debt service payments on time despite the failure of Ashby USA, Tanamera Entities and certain lenders to pay their Special Taxes on time. Ashby USA and its principal lender, AmTrust Bank, informed the Authority they are not able to complete the Public Improvements. Vineyard Bank, DowneySavings, and Key Bank have informed the Authority that they are not in a position to complete the Public Improvements. Wingsweep Corporation has informed the Authority that it is willing and able to contribute its fair share to the construction of the Public Improvements. List of Priority Public Improvements to be Constructed by City It is recommended that the City use Bond Proceeds to complete and/or construct the following Public Improvements required by the Development Agreement {"Priority Public Improvements"): 1. Butterfield Stage Road--complete full-width improvements from Murrieta Hot Springs Road to the south project boundary at Planning Area 32, including construction of two full-width bridges within and over Santa Gertrudes Creek and Long Valley Wash; 2. Butterfield Stage Road--canstructfull width improvements from southern project boundary at Planning Area 32 south to La Serena Way 3. Murrieta Hot Springs Road--camplete full-width improvements from east of Pourroy Road at the northern project boundary to the Butterfield Stage Road; 4. Intersection of Pourroy Road and Murrieta Hot Springs Road-construct/install traffic signal; 5. South Loop Road--construct southerly half-width in front of fire station (Planning Area No. 32) including a portion Storm Drain line J; 6. Nicolas Road--construct full improvements from Butterfield Stage Road to the western project boundary; and Nicholas Road--construct 40-foot improvements 450 feet east of the existing Nicolas Road/Calle Girosol intersection to the western project boundary. A map showing the rough locations of the Priority Public Improvements is attached The Priority Public Improvements include the basic arterial road improvements for the Project. Comments by representatives of the various lenders that have taken aver portions of the Project, as well as potential purchaserslmerchantbuilders, WingsweepCorporation, and AmTrust Bank (Ashby USA's lender) have informed the Authority that coordination and funding of the construction of the Priority Public Improvements by these parties in the absence of a viable master developer will be difficult. The difficulty in completion of the various Public Improvements could adversely impact the time of issuance of certain blocks of building permits pursuant to the schedule set forth in Attachment 5 of the Development Agreement and adversely affect the ability of the Project to generate Special Taxes for payment of debt service on the Bonds. The Priority Improvements include roads across the entire Project and outside of the Project Boundaries that can more efficiently be constructed by the City. A significant portion of the Public Improvement component of the requirements for issuance of upto 515 residential building permits in Phase I of the Project would be fulfilled by the City's completion of the Priority Public Improvements; provided, however, issuance of building permits will require fulfillment of all applicable requirements of the Development Agreement and conditions of approval of the specific land use entitlements. {Phase I of the Project are Planning Areas 1A, 2, 3, 4 and 4B in the western or "panhandle" portion of the Project.) Actions Required to Enable City to Construct Priority Public Improvements In order to enable the City to commence construction with respect to these Priority Public Improvements the City Council and Authority Board will need to take several actions. Additionally, prior to the commencement of construction with respect to these Priority Public Improvements, certain third parties beyond the control of the City and Authority will need to take and complete several actions related to the Priority Public Improvements and the agreements that govern their construction. These actions include, but are not limited to: The City Council, the Authority Board and the parties to such agreements will need to consider: (a) termination of the Acquisition Agreement between the Authority and the Developer, Ashby USA, LLC, dated as of March 1, 2006, as amended, or other alternate arrangements with respect to this agreement; (b) amendment of the Fiscal Agent Agreement between the Authority and US Bank National Association, dated as of March 1, 2006; (c) amendment of the Joint Community Facilities Agreement Between the City and the Authority, dated as of January 1, 2005; (d) amendment of the Joint Community Facilities Agreement among the City, Authority, County of Riverside and Developer for street improvements, dated as of November 1, 2004 or other alternate arrangements with respect to this agreement; and (e) amendment of the Joint Community Facilities Agreements among the City, Authority, County of Riverside, Riverside County Flood Control and Water Conservation District and the Developer for flood control improvements, dated as of November 1, 2004 or other alternate arrangements with respect to this agreement. The City will need to accept certain offers of dedication for rights of way and obtain necessary rights of way from the Developer and third party property owners. The City will need to obtain necessary Resource Agency permits for the work; The City Council and Authority Board will need to consider making offers of settlement to the contractors that have constructed portions of the Priority Public I mprovements on behalf of the Developer and who have filed litigation against the City, Authority and Developer seeking payment for work performed for the Developer on these improvements. The settlement offer would consist of the Authority's offering to pay with Bond proceeds those invoices of the contractors that would have qualified for payment pursuant to the Acquisition Agreement in return for a full release of liability of the City and the Authority and the release of any liens against these properties that would be conveyed to the City and other public entities for the Priority Public Improvements. Amendment and Restatement of the Joint Community Facilities Agreement between the City and the Authority and amendment of the Fiscal Agent Agreement between the Authority and US Bank are recommended for approval as part of this Agenda Item. If the City determines that it can proceed with construction with respect to the Priority Public Improvements, the remaining obligations of the Developer, and other property owners in the Roripaugh Ranch Specific Plan Area, under the Development Agreement would remain in effect. The Developer and/or other owners would continue to be obligated to construct on-site and off-site Public Improvements not completed by the City and, as discussed above, would not be able to obtain building permits except in accordance with the schedule for issuance of building permits set forth in the Development Agreement. Additionally, the City Council would need to consider adjustments to the availability of fee credits and a methodologyfor allocating anyfee credits which became available pursuant to the Roripaugh Ranch ProjectTransportatian Uniform Mitigation Fee Program Improvement and Credit Agreement between the City and the Developer, dated as of February 28, 2006, and the Development Agreement to recognize the City's proposed construction of the Priority Public Improvements. Fee credits would be available only to the extent that the City undertakes the required work or the Developer ar owners post surety bonds for Public Improvements they will construct. The Staff is working on a current estimate of the cost of the proposed list of Priority Improvements. The estimate is a complex one requiring not only an estimate of the costs of construction of the Priority Public Improvements, but a determination of the status of right of way needed for the improvements and settlement with the contractors so as to enable completion of the Priority Public Improvements. The list of Priority Public Improvements described above could be expanded ar reduced depending on the Staffs estimate of costs and items of construction undertaken will depend on construction bids received and availability of funds for such purposes. Approximately $41,271,000 is in the Acquisition Fund and available for construction of the Priority Public Improvements. This amount will increase as interest payments are applied to the Acquisition Fund. Neither the City nor the Authority can provide any assurances as to (1) whether the City will be able to undertake and complete construction of the Priority Public Improvements or (2) if it can, the date when the City will be in a position to begin construction of the Priority Public Improvements and complete them. The Authority and City Staffs believe, however, that work would not commence prior to August 2008. The complexity of the preparatory work and the dependence on actions of third parties over which neither the City nor the Authority have control preclude a more definitive estimate of time for work to begin. FISCAL IMPACT: As of April 23, 2008, the balances in the following funds and accounts for the Bonds under the Fiscal Agent Agreement were as follows: Fund or Account Balance Administrative Expense Fund $507,546.21 Special Tax Fund $418,921.24 Reserve Fund $7,170,549.641 City Account of the Improvement Fund $1,162,287.73 EMWD Account of the Improvement Fund $1,510,420.88 Public Works Administration Account of the $695,241.05 Improvement Fund Acquisition Account of the Improvement Fund $41,271,102.71 Total $52,228,523.25 $3,412,374,62 of the amount in the Reserve Fund represents the proceeds of a draw on the debt service letter of credit issued by Ohio Savings Bank (with a confirmation by Citibank, N.A.) that was not renewed, and those funds are subject to release upon the satisfaction of certain requirements set forth in the Fiscal Agent Agreement. As discussed above, the Staff is working on a current estimate of the cost of the proposed list of Priority Improvements. The costs of bond counsel, disclosure attorneys, financial advisors and other professionals necessaryto effectuate the City's construction of the Priority Public Improvements as authorized by the Authority resolution will be paid from Special Taxes deposited into the Administrative Fund far FY 2008-09 and interest and penalties collected on the delinquent Special Taxes. All of the costs incurred by the Authority in dealing with the problems in the Project and the Bonds have been reimbursed by either Ashby USA LLC, the Special Taxes in the Administrative Fund or penalties and interest obtained in collection of the delinquent Special Taxes. ATTACHMENTS: Resolution No. TPFA 08- Map -Proposed City Constructed Public Amended and Restated Joint Community Facilities Agreement between the Temecula Public Financing Authority and the City of Temecula Supplement No. 1 to Fiscal Agent Agreement RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING AND DIRECTING VARIOUS ACTIONS 1NITH RESPECT TO THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. Q3-Q2 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On January 11, 2005, this Board of Directors formed the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch} {the "District"} in order to finance various public improvements {the "Facilities"} necessitated by the development of the area known as Roripaugh Ranch in the City of Temecula {the "City"}. Section 2. In connection with the formation of the District and the financing and construction of the Facilities, the Temecula Public Financing Authority {the "Authority"} {a) entered into an Acquisition Agreement, dated as of March 1, 2006 {the "Acquisition Agreement"} with Ashby USA, LLC {the "Developer"}, pursuant to which the Developer was to construct most of the Facilities; {b} entered into a Joint Community Facilities Agreement -City, dated as of January 1, 2005 (the "City JCFA"} with the City, pursuant to which the City agreed to accept certain Facilities upon their completion and to assist the Authority in administering the Acquisition Agreement; {c} entered into a Joint Community Facilities Agreement (Street Improvements}, dated as of November 1, 2004 (the "County JCFA"} with the County of Riverside {the "County"), the City and the Developer, pursuant to which, among other matters, the County agreed to accept certain of the Facilities upon their completion; {d} entered into a Joint Community Facilities Agreement (Flood Control Improvements}, dated as of November 1, 2004 {the "Flood Control JCFA"}, with the Riverside County Flood Control and Water Conservation District (the "Flood Control District"}, the County, the City and the Developer, pursuant to which, among other matters, the Flood Control District agreed to accept certain of the Facilities upon their completion; and {e} entered into a Joint Community Facilities Agreement, dated as of January 1, 2005 {the "EMWD JCFA" and, together with the County JCFA and the Flood Control JCFA, the "Other Public Agency JCFAs"), with the Eastern Municipal Water District {"EMWD"}, and the Developer, pursuant to which, among other matters, EMWD agreed to accept certain of the Facilities upon their completion. Section 3. On April 27, 2006, the Authority issued, for and on behalf of the District, $51,250,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) 2006 Special Tax Bonds (the "Bands"), and entered into a Fiscal Agent Agreement, dated as of March 1, 2006 (the "Fiscal Agent Agreement"} with U.S. Bank National Association, as fiscal agent {the "Fiscal Agent"), in order to provide funds to finance the Facilities, and a portion of the proceeds of the Bonds were deposited to an Acquisition Account established under the Fiscal Agent Agreement (the "Acquisition Account"} to be used to acquire certain of the Facilities, upon their completion, from the Developer. Section 4. Subsequent to the issuance of the Bands, the Authority was advised that some of the information regarding the Developer, and its members and their principals, used in connection with the marketing of the Bonds was inaccurate and incomplete, and the Authority then advised the Developer that various actions might need to be taken to correct the deficiencies in the offering materials for the Bonds. Section 5. In December, 2006, the Authority and the Developer entered into a Deposit Agreement {the "Deposit Agreement") pursuant to which the Developer agreed to deposit funds with the Authority as needed to pay costs related to remedial actions with respect to the Bonds, and on March 6, 2007, the Authority and the Developer entered into a Supplement No. 1 to Acquisition Agreement {the Acquisition Agreement, as amended and supplemented by Supplement No. 1 to Acquisition Agreement, is referred to below as the "Revised Acquisition Agreement"}, amending and supplementing the Acquisition Agreement in contemplation of a remarketing or other restructuring of the Bonds in light of the deficiencies in the information used in the offering materials for the Bonds. Section 6. Following the issuance of the Bonds, the Developer began construction of some of the Facilities, but has failed to complete some of the Facilities for which construction had commenced and has failed to commence construction of other Facilities that need to be completed in order for residential home construction in the District to proceed. Section 7. The City has indicated a willingness to take over and complete the construction of some of the Facilities that have not been completed, and to undertake the construction of some of the other Facilities (collectively, the "Priority Public Improvements"), if Bond proceeds and other amounts held under the Fiscal Agent Agreement can be made available to pay the costs related thereto, including all associated administrative, legal and other costs incident to the City moving forward with such construction {collectively, the "Priority Public Improvement Costs"). Section 8. In order for the Bond funds to be available to pay Priority Public Improvement Casts, and for the City to otherwise move forward with the Priority Public Improvements (i} the Fiscal Agent Agreement needs to be amended, and bond counsel to the Authority has drafted a Supplemental Agreement No. 1 to Fiscal Agent Agreement (the "Supplement"} that sets forth the necessary amendment, (ii} the City JCFA needs to be amended and supplemented, and bond counsel to the Authority has drafted an Amended and Restated Joint Community Facilities Agreement -City {the "Amended City JCFA") that sets forth the necessary amendments and supplements, and (iii) the Authority needs to terminate the Acquisition Agreement andlor enter into alternative arrangements with the Developer with regard to certain matters addressed by the Acquisition Agreement; and the Board of Directors now desires to approve the Supplement and the Amended City JCFA, and to authorize the Executive Director to execute such agreements and to terminate the Acquisition Agreement and/or enter into alternative arrangements with respect thereto with the Developer, all as necessary or desirable for the City to undertake the construction and completion of the Priority Public Improvements and for the Authority to fund {with amounts held under the Fiscal Agent Agreement} the Priority Public Improvement Costs. Section 9. In order for the City to move forward with the construction and completion of the Priority Public Improvements subject to the Other Public Agency JCFAs, the Authority also needs to amend one or more of the Other Public Agency JCFAs and/or enter into alternative arrangements with the County, the Flood Control District and/or EMWD, and the Board of Directors now desires to authorize the Executive Director to enter into amendments to one or more of the Other Public Agency JCFAs and/or to enter into alternative arrangements with respect thereto, all as necessary or desirable for the City to undertake the construction and completion of the Priority Public Improvements and for the Authority to fund (with amounts held under the Fiscal Agent Agreement} the Priority Public Improvement Costs. Section 10. The Board of Directors hereby approves the Supplement and the Amended City JCFA, in the respective forms presented to the Board of Directors at this meeting, and hereby authorizes the Executive Director to enter into such agreements in said forms, together with such changes therein as the Executive Director, following consultation with Authority Counsel and bond counsel, shall approve, the approval of such changes to be conclusively evidenced by the execution by the Authority of the Supplement and the Amended City JCFA. Section 11. The Board of Directors hereby authorizes the Executive Director, for and on behalf of the Authority, to terminate the Acquisition Agreement and/or to enter into alternative arrangements with the Developer with respect thereto, following consultation with Authority Counsel and bond counsel, as he determines will best enable the City to move forward with the construction and completion of the Priority Public Improvements and for the Authority to fund those activities with amounts held in the Acquisition Account established under the Fiscal Agent Agreement or the proceeds of special taxes levied in the District. Section 12. The Board of Directors hereby authorizes the Executive Director to negotiate with the County, the Flood Control District, the City and EMWD, for and on behalf of the Authority and the District, amendments to the Other Public Agency JCFAs and/or alternative arrangements thereto as necessary or desirable, following consultation with Authority Counsel and bond counsel, to best facilitate the construction and completion of the Priority Public Improvements. The Board of Directors hereby authorizes and directs the Executive Director to execute, for and on behalf of the Authority and the District, and the Secretary to attest, any such amendments or alternative arrangements as negotiated by the Executive Director and approved as to form by Authority Counsel, so long as all obligations of the Authority thereunder are payable solely from amounts held under the Fiscal Agent Agreement or the proceeds of special taxes levied in the District. Section 13. The Board of Directors hereby authorizes the Executive Director, working with the City, to make offers of settlement with contractors that have constructed portions of the Priority Public Improvements on behalf of the Developer seeking payment for work performed on such improvements, such settlements to be funded from amounts in the Acquisition Account established under the Fiscal Agent Agreement, subject to the Authority and the City receiving full releases of liability and the release of any liens on the related Facilities. Section 14. The Board of Directors hereby authorizes the Executive Director, and confirms the authority of the Executive Director, to enter into or amend such agreements with the Authority's financial advisor, Fieldman, Rolapp & Associates, the Authority's disclosure counsel, McFarlin & Anderson LLP, the Authority's special disclosure counsel, Nixon Peabody LLP and the Authority's bond counsel, Quint & Thimmig LLP, and Nevada bankruptcy counsel, the Sidhu Law Firm far work related to the prior efforts with respect to the proposed restructuring of the Bonds, the drafting and the dissemination of information regarding the District and the Bonds provided to the bond market, the collection of Special Taxes, protection of Authority and City actions concerning the Bonds, and the agreements and alternative arrangements described in this Resolution. Section 15. The Board of Directors hereby authorizes the Treasurer to pay, from any lawfully available funds of the District and/or the proceeds of special taxes levied in the District, all costs of the Authority and the District related to the prior efforts with respect to the proposed restructuring of the Bonds, the drafting and the dissemination of information regarding the District and the Bands provided to the Bond market, the collection of Special Taxes, protection of Authority and City actions with respect to the Bands and the agreements and alternative arrangements described in this Resolution, including any fees and expenses of the Authority's financial advisor, Fieldman, Rolapp & Associates, the Authority's disclosure counsel, McFarlin & Anderson LLP, the Authority's special disclosure counsel, Nixon Peabody LLP and the Authority's bond counsel, Quint &Thimmig LLP. Section 16. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 13th day of May, 2008. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 08- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 13th day of May, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary y: ,.~a. ~* A G~~ Proposed City Constructed Public Improvements 60 ' 7 (Roripaugh Ranch CFD) °~ ~ w F MURRIETq ~ "- PA 1 I PA 8 A AP A 1 PA A 9 B PA B PA 4 B '°` A 6 PA 7A PA 11 PA 13 r PA 12 ` ~~ PA 1 6 PA 1 7 ~ A 14 PA 1 PA 33 PA 3 INDI ~ PA 2 9 PA 1 PA 1 GATLI RD PL RD PA 27 PA 28 PA 31 _ . ,,-~ ~., ~~~~°~~ ° P A 2 6 A PA 24 PA 22 PA 23 P ~~ PJ ~ °~ ~ <F PA 32 PA 21 PA 20 TO cR o D ~.... T KAREN ~ GOZA LN ,~..:_:., ti ...,. _. T _... "" - ~ e °~~`~M~~P City of Temecula <,. n~ ~ Geographic Information Systems O 250 500 ,,000 1,500 Roripaugh Ranch Development ~~' `~~~`' Tn n~ d even ctiofTama~~~e~ao9renn~~~fo~e~o ~~ Tn n d df ee=a~~e Feet p d dtyN R d Cunry Assessors Departmen[and NeT p t[ ndL dM g en[Agen~y ~~0 19sv fR ~da~ ry Th Cry fTama~~~ee~~~ma~~o~Re~ryor~ 9 ~ n b~vf ~, f ~o~~o~~~ad 1 inch equals 1,302.63 feet po~Ftt9 on Nsmap. DaL and nforma[on represented on Nsmapare subjec[[o update and modfca[on. The Geographic ~ Proposed City Constructed Public Improvements s•°°" '°`°~e°°°~~ame°°°~ar=°°r`~="°°Uean°a"a°`°r`nam°n`°Ta°"°`o~e°°° Tn~=men ~=~o~forranr~~~orra=a~a R:\GISWaronMWrcMap Projects\roripaugh_conditioned_improvements AMENDED AND RESTATED JOINT COMMUNITY FACILITIES AGREEMENT -CITY TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.03-02 (RORIPAUGH RANCH) This Amended and Restated Joint Community Facilities Agreement {the "Agreement"}, dated for convenience as of May 1, 2008, is by and between the Temecula Public Financing Authority {the "Authorit~'}and the City of Temecula {the "Participating Agency"}. RECITALS: WHEREAS, the Authority has formed the Temecula Public Financing Authority Community Facilities District No. 03-02 {Roripaugh Ranch) {the "CFD" }pursuant to the Mello- Roos Community Facilities Act of 1982, as amended {the "Act"}, and the Authority has issued bonds of the Authority for the CFD in the initial principal amount of $51,250,000 (the "Ponds") in order to finance various public improvements authorized to be financed by the CFD (the "Improvements'); and WHEREAS, some of the Improvements to be financed with proceeds of the Ponds are expected to be owned by the Participating Agency upon their completion and, in order to satisfy the requirements of Section 53316.2 of the Act, the Authority and the Participating Agency entered alto a Joint Community Facilities Agreement -City, dated as of January 1, 2005 {the "Original Agreement") with respect to those Improvements as identified in Attachment A to the Original Agreement; and WHEREAS, at the time of execution of the Original Agreement, it was expected that Ashby USA, LLC (the "Developer'') would construct some of the Improvements and the Authority would use Pond proceeds to acquire completed Improvements from the Developer, all as provided in an Acquisition Agreement {the "Acquisition Agreement") between the Authority and the Developer; and WHEREAS, the Original Agreement provided, among other matters, that the Participating Agency would assist the Authority in connection with the implementation of the Acquisition Agreement; and WHEREAS, the Acquisition Agreement was amended and supplemented by the Authority and the Developer pursuant to a Supplement No. 1 to Acquisition Agreement, dated as of March 6, 2007 {the Acquisition Agreement, as so supplemented and amended, is referred to herein as the "Revised Acquisition Agreement"), and the Revised Acquisition Agreement was subsequently terminated by the Authority; and WHEREAS, it is now expected that the Participating Agency will complete the construction of, and will construct, some of the Improvements, and the Authority and the Participating Agency now desire to amend and restate the Original Agreement to, among other -1- matters, provided for payment by the Authority of costs incurred by the Participating Agency related to any Improvements completed and/or constructed by the Participating Agency. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and mutual covenants set forth below, the parties hereto do hereby agree that the Original Agreement shall be amended and restated in whole to read as follows: Section 1. Reservation of Bond Funds. The Authority has deposited a portion of the proceeds of the Bonds in an Acquisition Account within an Improvement Fund established for the CFD (said Acquisition Account being referred to below as the "Improvement Fund"), and amounts in the Acquisition Account are not pledged as security for the Bonds. The Authority shall have no obligation to pay for any of the costs of the Improvements, including but not limited to any costs of planning, acquisition, construction, installation or inspection of the Improvements, except from amounts in the Acquisition Account. Section 2. Construction of Improvements. The Participating Agency, in its discretion, may determine that it will complete the construction of, or construct, certain of the Improvements. To the extent that the Participating Agency incurs expenses in connection with the design, construction, completion, inspection and/or acceptance of the Improvements that it determines that it will complete and/or construct {including, but not limited to, an allocable share of City employee costs and overhead expenses related thereto}, such expenses shall be reimbursed by the Authority to the Participating Agency from amounts in the Improvement Fund upon presentation of invoices to the Treasurer of the Authority as to the nature and amount of such costs and expenses. Section 3. Acceptance. The Participating Agency shall cause inspections to be made during the construction of the Improvements that it agrees to construct in accordance with its customary procedures for construction projects of a similar nature. The Participating Agency shall own and operate any Improvements that it completes and/or constructs, unless another public agency accepts title thereto. The Authority shall have no obligation to at any time own or operate any of the Improvements. Section 4. Limited Obligations. All obligations of the Authority under and pursuant to this Agreement shall be limited to the amounts on deposit in the Improvement Fund described in Section 1 above. No Boardmember, officer or employee of the Authority shall in any event be personally liable hereunder. Section 5. Termination. This Agreement shall terminate upon the earlier of the date on which there are no longer any funds on deposit in the Improvement Fund, or the date of completion of the Improvements and the payment of any costs of the Participating Agency related thereto. Section 6. Partial Invalidity. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. -2- Section 7. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement is for the sole benefit of the Authority and the Participating Agency and their successors and assigns, and no other person or entity shall be deemed to be a beneficiary hereof or have an interest herein. Section S. Replacement of Orin~greement. This Agreement amends and restates the Original Agreement in its entirety; and, upon execution hereof by the Authority and the Participating Agency, the Original Agreement shall terminate and no longer be in effect. Section 9. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature below. CITY OF TEMECULA {the "Participating Agenc~') Date of Execution: May _J Zoos By: Attest: By. City Clerk Mayor TEMECULA PUBLIC FINANCING AUTHORITY (the "Authority"} Date of Execution: May _ ,Zoos By: zooo9.01:19~01 Executive Director -4- Quint & Tliinunig LLP 4/22/08 SUPPLEMENTAL AGREEMENT N0.1 TO FISCAL AGENT AGREEMENT by and between the TEMECULA PUBLIC FINANCING AUTHORITY and U.S. SANK NATIONAL ASSOCIATION, as Fiscal Agent Dated as of May 1, 2008 Relating to: Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) 2006 Special Tax Sands 20009.O1:J9891 Quint & Tliinunig LLP 4/22/08 SUPPLEMENTAL AGREEMENT N0.1 TO FISCAL AGENT AGREEMENT THIS SUPPLEMENTAL AGREEMENT NO. 1 TO FISCAL AGENT AGREEMENT (the "Agreement"), is made and entered into as of May 1, 2008, by and between the Temecula Public Financing Authority, a joint exercise of powers authority organized and existing under and by virtue of the Constitution and laws of the State of California (the "Authorit~'} for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch} (the "District" ), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America, as fiscal agent (the "`Fiscal Agent"}. RECITALS; WHEREAS, the Authority and the Fiscal Agent have entered into a Fiscal Agent Agreement, dated as of March 1, 2006 (the "FA Agreement") to provide for the issuance of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) 2006 Special Tax Bonds (the "Bonds); and WHEREAS, proceeds of the Bonds were deposited in various funds and accounts under the FA Agreement, including an Acquisition Account of the Impro~=ement Fund (as such terms are defined in the FA Agreement); and WHEREAS, amounts deposited in the Acquisition Account were intended to be used to pay costs of facilities eligible to be funded by the District (referred to as "Project costs" in the FA Agreement) and, in connection therewith, the Authority= entered into an Acquisition Agreement (as defined in the FA Agreement) with Ashby USA, LLC (the "Developer''), which entity was expected to construct various facilities constituting portions of the Project; and WHEREAS, the Authority and the Developer entered into a Supplement No. 1 to Acquisition Agreement, dated as of March 6, 2007 (the Acquisition Agreement, as amended and supplemented by said Supplement No. 1 to Acquisition Agreement, is referred to below as the "Revised Acquisition Agreement"}, amending and supplementing the Acquisition Agreement; and WHEREAS, pursuant to the provisions of the Revised Acquisition Agreement, the Authority has terminated the Revised Acquisition Agreement and expects that the City of Temecula (the "Cit~') will construct various facilities authorized to be funded by the District, and the Authority would like the authority to use amounts in the Acquisition Account to pay Project costs incurred by the City or any other party that incurs Project costs; and WHEREAS, pursuant to Section 8.01(C) of the FA Agreement, the Authority may modify the FA Agreement, without the consent of the owners of the Bonds, to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in the FA Agreement, or in regard to questions arising under the FA Agreement, as the Authority may deem necessary or desirable and not inconsistent with the FA Agreement, and which shall not adversely affect the rights of the oinrners of the Bonds; and 20009.O1:J9891 WHEREAS, the Authority now desires to amend the provisions of the FA Agreement relating to the use of funds in the Acquisition Account to clearly provide that amounts in the Acquisition Account can be used to pay Project costs incurred by the City or otherwise, without any reference to or any need for the Acquisition Agreement or the Revised Acquisition Agreement; and WHEREAS, the Authorii~T has determined that this Agreement is for the purpose of curing an ambiguity and/or correcting a defective provision, in the FA Agreement, and does not adversely affect the rights of the owners of the Bonds. AGREEMENT: NOW, THEREFORE, the Authority, for and on behalf of the District, and the Fiscal Agent, agree as follows: Section 1. Amendment. Clause (a) of Section 4.02(B)(ii) of the FA Agreement is hereby amended by deleting the phrase "identified in the Acquisition Agreement" therein. Section 2. Execution in Several Counterparts. This Agreement may be executed in any number of counterparts, each of such counterparts shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument. Section 3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and performed in such State. Section 4. Incorporation By Reference. The Authority and the Fiscal Agent agree that the amendment contained in this Agreement shall be incorporated by this reference thereto into the FA Agreement, which FA Agreement as so amended shall serve as the sole operative FA Agreement in connection with the Bands. Section 5. Ratification and Reaffirmation of FA Agreement. Except as hereby expressly amended, the FA Agreement shall remain in full force and effect; and the FA Agreement, as amended hereby, is ratified and confirmed. Section 6. Interpretation. In the event of any conflict between the provisions of the FA Agreement and the provisions of this Agreement, the provisions of this Agreement shall control. Section 7. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Authority, the Fiscal Agent, the owners of the Bonds and their respective successors and assigns. -2- IN WITNESS WHEREOF, the Authority has caused this Agreement to be executed in its name, and the Fiscal Agent has caused this Agreement to be executed in its name, all as of the date first set forth above. TEMECULA PUBLIC FINANCING AUTHORITY, FOR AND ON BEHALF OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH} By: Executive Director U.S. BANK NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Officer -3- ITEM N~}. 2d Approvals City Attorney Director of Finance 5~~ City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: May 13, 2008 SUBJECT: Community Facilities District No. 2003-02 (Roripaugh Ranch) Initiation of Action Necessary to Foreclose Delinquent Special Tax Liens PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: That the Board of Directors 1. Adopt a resolution entitled: RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) BACKGROUND: On December 10, 2007, approximately $1,241,251.71 in special taxes levied on behalf of Community Facilities District No. 03-02 (Roripaugh Ranch) ("District") became delinquent by reason of non-payment. These properties are variously owned by Ashby USA, LLC and Oreo Corp. On April 10, 2008, approximately $1,241,251.71 in additional special taxes levied on behalf of Community Facilities District No. 03-02 (Roripaugh Ranch) became delinquent by reason of non- payment. These properties are variously owned by Ashby USA, LLC and Oreo Corp. As a result, approximately $2,482,503.42 in special taxes, and $248,250.04 in penalties are presently owing. The District is additionally entitled to collect its administrative costs in seeking to resolve these delinquencies, including attorney's fees, roll removal fees, and costs of the litigation guarantees to be obtained from a title company. The attached resolution authorizes the Authorityto remove from the county tax rolls the CFD taxes related to the Ashby owned parcels only. In addition, the City Attorney has ordered that litigation guarantees be prepared and has commenced to prepare complaints for judicial foreclosure. Foreclosure actions will be filed following the adoption of a resolution directing the City Attorney to initiate such proceedings. Any such proceedings may be affected by the filing of bankruptcy actions. FISCAL IMPACT: The delinquencies on these parcels in the amount of $2,482,503.42 will be used to satisfy the debt service requirement on the outstanding bonds. ATTACHMENTS: Resolution No. TPFA 08 RESOLUTION NO. TPFA 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO REMOVE CERTAIN DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDCIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY {HEREAFTER REFERRED TO AS THE "AUTHORITY") DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Authority has by previous Resolutions formed the Community Facilities District No. 03-02 {Roripaugh Ranch} (hereafter referred to as the "District"}, and authorized the levy of a Special Tax in the District for Fiscal Year 2007/08, pursuant to the terms of the Mello Roos Community Facilities Disrtrict Act of 1982, as amended (hereafter referred to as the "Act") that provides for the levy and collection of special taxes by the County of Riverside for the City of Temecula to pay the maintenance and services of all improvements and facilities related thereto. Section 2. The Authority enacted Ordinance No. TPFA 05-01 in accordance with Government Code Section 53340 authorizing the levy of the Special Tax on property located within the District. Section 3. Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Special Tax, the District may order the institution of a Superior Court Action to foreclose the lien therefore within specified time limits. Section 4. There exists delinquent installments due by property owners of assessor parcel numbers 964-180-004-6, 964-180-005-7, 964-180-017-8, 964-180-018- 9, 964-180-019-0, 964-180-020-0, 964-180-022-2, 964-180-023-3, 964-180-024-4, 964- 180-025-5, 964-180-026-6, 964-180-027-7 located within the District. Section 5. The Authority hereby declares that it is its intention to order judicial foreclosure proceedings against assessor parcel numbers 964-180-004-6, 964-180- 005-7, 964-180-017-8, 964-180-018-9, 964-180-019-0, 964-180-020-0, 964-180-022-2, 964-180-023-3, 964-180-024-4, 964-180-025-5, 964-180-026-6, 964-180-027-7 within the District and cause Notice of Intent to remove delinquent Special Tax installments from the County Tax Roll pursuant to Section 53356.2 of the Act. Section 6. The Authority Secretary shall certify adoption of the Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 13th day of May, 2008. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 08- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 13th day of May, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary COUNCIL BUSINESS ITEM N~}. 21 Approvals City Attorney S~~ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Planning Director DATE: May 13, 2008 SUBJECT: Request for Direction from City Council regarding Zoning for Public Charter Schools as Requested by Julian Charter School PREPARED BY: Betsy Lowrey, Junior Planner RECOMMENDATION: The City Council provide direction to staffwhether ornot to proceed as recommended by the Planning Commission as follows: That an amendment to the Development Code be considered to provide that all schools be processed and reviewed in the same manner [except Temecula Valley Unified School District is exempt]. 2. That all schools require a Conditional Use Permit (CUP), and not be outright permitted, so that the placement of schools and their relationship to surrounding uses, as well as CEQA impacts, can be analyzed on a case by case basis with each Conditional Use Permit application. BACKGROUND: On October 31, 2007, staff received a Conditional Use Permit application from Julian Charter School, a public school sponsored by Julian School District, to operate a kindergarten through eighth grade public charter school within the Service Commercial (SC) zone, generally located at the southwest corner of Madison Avenue and Buecking Drive, at 27235 Madison Avenue. Julian Charter School must comply with City of Temecula zoning regulations and is only permitted within the Public/Institutional District (PI) zone as designated for public schools. As a result, the application for the Conditional Use Permit submitted by Julian Charter School to operate a public charter school within the Service Commercial (SC) zone is inconsistent with the Development Code. The Conditional Use Permit application has since been deemed incomplete and likewise is not the issue for consideration by City Council. On February 26, 2008, Julian Charter School requested the City to consider a proposal to amend the zoning ordinance to allow public charter schools the same zoning as private schools (kindergarten through grade twelve) and on March 19, 2008 this request was considered by the Planning Commission. A representative from the Temecula Valley Unified School District spoke indicating that while the School District is not opposed to Julian Charter School, it did not support a change to the Development Code that would expand zoning for public charter schools. Furthermore, the School District indicated that it was in favor of establishing a relationship with charter schools (or sponsoring charter schools) within their School District rather than being entirely independent, and noted the success of their two charter schools. Several speakers, including parents and representatives of Julian Charter School, spoke in support of amending the Development Code to provide public charter schools the same zoning as private schools. The Planning Commission discussed thatthe relationship ofzoning and schools should be reviewed with more scrutiny pointing out that the Development Code permits schools in certain zones with no review at all. The Planning Commission suggested that the Development Code should not permit any school that the City has jurisdiction over (private or public) without the analysis of a Conditional Use Permit to examine its surroundings and, additionally, that certain zones such as Light Industrial and Highway Tourist should not permit schools at all. From a land use perspective, the Planning Commission commented that there is no difference between public and private schools and, in conclusion, recommended requesting that the City Council consider an amendment to the Development Code to eliminate the zoning differentiation between public and private schools, and to request the City Council to direct staff to review what zones schools would be most appropriately located with the approval of a Conditional Use Permit. FISCAL IMPACT: None ATTACHMENTS: Planning Commission Staff Report dated March 19, 2008 STAFF REPORT -PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission FROM: Betsy Lowrey, Junior Planner DATE: March 19, 2008 SUBJECT: Request far Direction from Planning Commission regarding Zoning for Public Charter Schools as Requested by Julian Charter School BACKGROUND On October 31, 2007, staff received a Conditional Use Permit application from Julian Charter School ("JCS"), a public school sponsored by Julian School District, to operate a kindergarten through eighth grade public charter school within the Service Commercial (SC) zone, generally located at the southwest earner of Madison Avenue and Buecking Drive, at 27235 Madison Avenue. On November 19, 2007, staff relayed to JCS that the proposal for a public charter school is not permitted in the Service Commercial zone. Staff followed up with a letter dated November 30, 2007 stating the same. Pursuant to Development Code Sections 17.08.030 and 17.12.030, "schools, public (elementary, junior high, high school)" are permitted anlywithin the Public/Institutional District (PI) zoning. At the direction of City staff, JCS conferred with their attorneyto determine whether ar not they are exempt or would be able to exempt themselves from Temecula's local zoning code. Staff indicated that if JCS seeks an exemption, the City Attorney would need to review it. On December 27, 2007, JCS submitted a Resolution of "Exemption from Zoning for Property used as a Charter School Site" along with their attorney opinion letter in support of an effort to exempt itself from local zoning requirements. The CityAttarneyadvised staff that, pursuantta Government Code Section 53097.3/2002 Legislation (AB 14), JCS does not have authorityto exempt itself from local zoning regulations. On January 24, 2008, staff provided a letter to Julian Charter School indicating the proposal remains inconsistent with the City of Temecula Development Code. At the request of JCS, a meeting was held on February 26, 2008 between City ManagementlStaff and JCS. JCS requested that the City consider an amendment to the zoning ordinance to allow public charter schools the same zoning rights as private schools. The City has since deemed the application for the Conditional Use Permit for a Public Charter School submitted by JCS incomplete. The Conditional Use Permit application is not the issue far consideration. The issue for the Planning Commission's consideration is the distinction in the Development Code between zoning for public schools and zoning for private schools (kindergarten through grade twelve). Staff requests the Planning Commission to consider whether a zoning amendment should be proposed that would provide the same zoning far public schools as private schools {kindergarten through grade twelve). C:\Program Files (x86)\Neevia.Gom\Document Gonverterltemp\879580.doc 1 ANALYSIS Below are use regulations for schools (Kindergarten through grade twelve) within the development code. A letter "P" indicates a permitted use, "-" indicates the use is prohibited, and "C"indicates the use shall be conditionally permitted subject to the approval of a Conditional Use Permit. Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts Description of Use NC CC HT SC PO BP LI Schools, private (kindergarten through grade 12) C P P C P C - Table 17.12.030 Schedule of Permitted Uses-Publicllnstitutional Districts Description of Use Publicllnstitutional District (PI) Schools, public (elementary, junior high, high school} P Schools, private C Zonin Julian Charter School must comply with City of Temecula zoning regulations and is only permitted within the Publicllnstitutional District (PI) zone as designated for public schools. It is important to point out; however, that the same is not true for Temecula Valley School District. State law exempts public school districts from local zoning regulations within their jurisdictional boundaries. As a result, TVUSD may operate its public schools without City zoning approval (historically, TVUSD sites are then reclassified to PI for consistency with the City's Development Code); while Julian School District must comply with Temecula's local zoning regulations since they are outside their jurisdictional boundaries. Therefore, a proposal to expand zoning for public schools would only benefit public schools not sponsored by Temecula Valley School District. Public Charter Schools vs. Private Schools The Development Code clearly delineates between public and private schools for kindergarten through grade twelve. JCS requests the City consider zoning for public schools be the same as zoning for private schools. Should the Planning Commission direct staff in this way, JCS would then propose such a Zoning Amendment for Planning Commission and City Council approval and ultimately continue forward with a Conditional Use Permit for the operation of its public charter school within the Service Commercial zone. Charter schools are public schools fully funded by the State of California (students do not pay tuition) and must be authorized by an existing local public school board, County Board of Education, ar the State Board of Education. For example, Julian Charter School is authorized (sponsored) by Julian School District. It is staff's understanding, since California funding is based upon student enrollment, Temecula residents who attend Julian School District charter school (instead of Temecula Valley School District) may lower the funding that would otherwise go to TVUSD or a charter school sponsored by TVUSD. C:\Program Files (x86)\Neevia.Gom\Document Gonverterltemp\879580.doc 2 Charter schools are required by the State to enter into an agreement ("Charter") detailing specific goals and operating procedures between the authorizing board (its sponsoring school district) thereby creating an ongoing working relationship and connection between the charterschool and its school district. A charter school not sponsored/authorized by Temecula School District will not share such a connection or working relationship. Dr. Carol Leighty, Superintendent of the Temecula Valley Unified School District, has indicated to staff that TUUSD does not support a Development Code Amendment that would expand zoning for public charter schools. A representative of TUUSD will attend the Planning Commission meeting. RECOMMENDATION Based on concerns raised by the Temecula Valley School District, staff recommends that the Planning Commission not support a proposal for a Development Code Amendment to expand zoning for public charter schools. Staff further recommends that acity-initiated development code amendment provide a separate use entitled "Schools, Public Charter {kindergarten through 12tH grade)" so that Charter Schools are defined, delineated and consistent with its present use in the Public Institutional zone under "Schools, Public {elementary, junior high, high school)" in order to alleviate ambiguity regarding zoning for public charter schools. C:\Program Files (x86)\Neevia.Gom\Document Gonverterltemp\879580.doc 3 DOCUMENTS SUBMITTED FOR THE RECORD 7:) .)a Preserving the B • th l f " �.- ask a ' $x$ F P . rt.. 5''. L s F 3 .._.e.•_..a C ....ter :. i.__ , eµ yy . 4:. I . . I ,n �+14. fJti, �+ iii ,+X1 � y _.. tis �s s' a� • ..v., s rt '* Old Town Te " mf a w By , Otto E Baron ,ttf3 e),euu-Y7- j5. 14,4,e_, uynyylir bb3/a? The Real Birthplace of Old Town Temecula has been a community for thousands of years, when the Pechenga people first settled it. Temecula was, of course, a stop along the Butterfield Stage line. But what is now called Old Town had its origins as a stop along the California Southern Railroad. It was in 1882, when the California Southern Railway decided to place a stop at this point along the Murrieta creek that Old Town Temecula came into being. The truth is if it hadn't been for the California Southern Railroad, Old Town wouldn't exist. The Railroad era; first with the California Southern Railroad, and later with the Santa Fe Railroad, is then an important chapter of Temecula history. Since history is an essential part of Old Town's value to Temecula, any opportunity to enhance Old Town as a place of history should be embraced. The mural at Sixth Street serves to remind us that Temecula was for over fifty years a rail town. V• Scr'�Ce -:_ ;( A'„ .rev t CP4.e 99 ( 1h .Ya.� J • :i.4:-.-.� i•ti� 11 x• v��F�- 1 r •w ti.. . M mss;.. -. & x_:f401% xtvsa� • Details of Mural at Transportation center remembering the California Southern 1 Timeline for Temecula as a Rail town: 1880. . . California Southern Rail Road was formed to build from National City north and eastward to San Bernardino, then on to a connection with the Atlantic & Pacific in California. 1881 . . .Surveyors, locating and staking the line, had advanced up the coast to what is now Fallbrook Junction, then headed in a generally north-easterly direction up the Santa Margarita River, reaching Hayden's in April of that year. 1884 . . .February floods poured down Temecula Canyon. Much of the California Southern roadbed was a shamble, eight of the twelve miles through the canyon were completely washed out. Ties and bridge timbers were found floating out in the Pacific Ocean. The railroad, as a separate corporation, was bankrupt. 1889 The California Southern was officially made a Santa Fe branch line. 1891 February, another very wet month. All railroads in Southern California were washed out. The estimated expense of rebuilding the Temecula "Branch" was tremendous. In 1892 storms again seriously damaged the Temecula line, and the route between Fall; ok n Temecula was abandoned. Temecula becomes the southern-most station of what becomes a brae,h Inc. 1935 Santa Fe discontinues service between Elsinore and Temecula, ending over a half century of rail service in the area. 2 Photos of turntable site. k QTR `�"�ik `� �`�''''.i.; y �"�"ss4 fill,----e4' „ ,,,,,-.7177., � - kl. '� �s: �, Ye tc' aS. § s `s , a' 9%as^e,z,,,,-414.-- 1, +r N7=._, 7. ��, �.,sem”" .� �„ „�� ,X� �` �� ' , Ms r _- '" x 'a' „$"to '� .�� , x r 4i� "'4 -, t ',. .� VP" gF v-. ..,, .+s __.^*.... ,•,fir. a •e.r`'w F c 4 ...* F . ,, Xx, $'l rzt.�., ,+ `S f .sa'�a -1 �. -vfa ',- ,`�q .. .4t 3 x'°,St ss.Y say a. a.' .s..5x.» z c' t *', „ --r—"7,744-4'.!----4-74-----L, �‘-41-0-`7'-`1.-"54.t' . 'G '-r tea,. .�.� .. .� z � ,. , 'y .. ` 3 '.` f�z -.e- . Ya ,.F},.-. ¢%.„C a' I "^3s" �3,,. ia� �x ,'g+s ; a,w._ .. K. �.: •. vy nw•H_..w:.....,. '" il= A-,`.'a'Yrz � .7i.. �.„fi '.�,'�� Above city owned land on Pujol Street. Railroad Turntable is in this vicinity. t. h o" �-r eg' . � x, .�esai T ` •_.,a .q .r'.k9. y (. St.y a'p'S' ' .� .. _ Site of turntable taken across the creek, Three of Temecula's historic residences are right across street from this site. 3 What Community Value would this have? There has been talk of creating a river walk, and frankly, north of the proposed Main Street Bridge, there is currently nothing that would be a worthwhile point of interest along the creek, unless the city creates one. Fortunately the city already owns the land north of the Main Street Apts., from Pujol Street, to the creek. A landing could be built on this land for the river walk. The Turntable could also be on part of this city owned land. The vacant land north of the city owned land is unimproved. It is critical that this empty land be surveyed, so the exact location of the turntable is known. The city should then annex the part of that vacant lot which contains the site of the turntable. The cost to the city of claiming only the part of the land where the turntable is buried should be minimal, and certainly the city could offer some trade off in developmental fee's or conditions, in exchange for this land. The City land would then provide public access to the turntable, which would be much more acceptable then the current situation regarding the Wolf Tomb, where access to this historic site is limited by it's being in the center of a housing development. Being just north of the Main Street Bridge, and on the Murrieta creek makes this site very accessible to the public. 1 .4 r� .41 E ..hr4 • - Wig it-AA i F ct- at rig Three Historic residences are across the street from the Turntable site. 5 • Site Enhancements If the city was to get behind creating a historic park at the turntable site, there are some enhancements that could be put in place to make the site more attractive to the public, and a greater draw. The Keyster-Marsten report has recommended using Pujol Street as a place to relocate, and respect Temecula's historic buildings. This park would provide the city such an opportunity. te`r'INFir° a w4: 4 7 W; ..r,� *"k^'. r. i s xr w. n 1 , "r.`k �' ' ��.tr�7" x a , .. '' r :;40 ' .'. _.'V e#. a ,.fFl4V s 3rD 1 } �1, a ;',, - �.,,-`": Y tt y_ �,'t 'rte`4' c ? ' l Ta. ' o a tir'' � '�"� tz _ I.;V,A;+A-; �7/ �f.Y ��h 'w 7 a,�- e. $kms . >�.:. r .!� �. ' All y„ R -«p ,;gam "5 A• z Y9 Relocating the Escallier house and barn, as historic environments, would be a perfect enhancement to the site. This would also be a better, and more respectful use for these historic resources then as a community pantry. While the house could be displayed as an historic residence, the barn could be a place to display historic vehicles, for an auditorium, or a gift shop. } k tp '.. z ..� , , .c►j1,4:1.. I ... +fie 9 / ..✓'�•�I As seen in these photos; the fence between the "Main Street Apts.", and the city owned land, should undergo some changes to improve the aesthetics of Pujol St. 6 The apartment building it's self, at least, is set back from Pujol Street making its impact minimal. The attention should instead be given to this fence, in order to create less of a visible barrier and more of a link, between Main Street and this site. Replacing the part of the fence closest to Pujol St. with a sign welcoming the public to the park that could be built there, would serve this purpose well. '� --,,,,,,,.. .,,:c ps T t r�, b 4 r 4'1 1 ..icy ." t't X` k }. $'s '`:2. I 15 '.Oro - :'- -0'4. a I /' -°`" rr.„ -,-....e. , t....,,,,,,, ,t, , 0, $, -7. + . 1. , t � F'" `.7.-i,1tk4T . 1 . r 4.'A 1 l ! � lfrx d! .� i.J ......0 .. t.,,,...,... , r� -:-.......... 4,..,,,......y-..;1,..,,s. er 'R,... "_ . , q : 4-P-11. '- h"-- --i ,,,,I;::..,,, r .-,., may' : 1 �, .r ,i A water tower would be a perfect visual prop as a way to call attention to the site. The Mural depicts such a water tower, and with buildings along Front Street, we can see water towers being used to attract attention. The left photo (below) was a water tower that was approved through the Old Town review process. ''''%''''''',4', 11., � F �•'iFS: V� F i �j :L{+'1TG'i-+ �t�f y� 1 '''' l' f A n1,0,. 'XIF 6TxY S'1 'r• f t'.i �ro f"k .ya4'%,'. ass `'' d 1r �F d, %ft i'':''''',11' r, ,r. .x Al r:a�-. . ¢t; ,,x 4,s ,,.....t: v4,„ a ��" 2 z l ---- 7f it-a rf,o. 4101444, • s .til k grit. T. • ‘..-. ,i;v ! . ., .., .,,..r, , ... . .I.,4,11,____J.::: . :-..., i .:. !' D�t � �r{i{re# 9y ' t i . \---,-.17.,14: .i ""`;.- -,� - "!'t1 t cd ,,01�# *! ‘17..'''.._... !i , 1i ',- 1.,, � - .. A railroad semaphore could be installed as well. 7 .w' Founders Park Once the Turntable pit is uncovered, there is no need to provide public access to the pit it's self. Rather, the pit should be fenced off to allow the pit to be viewed by the public. In time, the turntable its self should be restored, and a preserved steam locomotive could be placed on top of the rails. This park could give both the Temecula Historical society and railroad historical organizations an opportunity for involvement in presenting, and preserving Temecula's past. Temecula has a real opportunity to show its respect for the past by bringing back a piece of its own history that had long disappeared. By incorporating the Escallier buildings, the city could create a park as a place where Temecula's heritage and fascinating history can be enjoyed for future generations. As stated earlier in this report, the park also can be the northern cornerstone of the Murrieta creek development. Because the city owned land goes to the creek, a dock could be created in time for whatever small boats end up going up and down the creek once improvements take place. To sum this up; the city has an opportunity to enhance the creek, to make history accessible to the visitor, and to remind our residents of our rich history. Temecula has the opportunity to do all of this with this park. Finally it can do this by creating the park using its own land (as well as annexing wherever the turntable lies.) and historic resources regarding the Escallier buildings. In short, by using minimum resources, the city could end up reaping maximum benefits. 8 DOCUMENTS SUBMITTED FOR THE RECORD &13fd 7cx> CG112 Questions for the city council The building at 41915 2nd Street is a building that was reconditioned 10 years ago, is available for the asking, and has a facade approved by the Old Town review process. It can easily accommodate food storage, food preparation, and have office space for those administering the program, as well as showers for the less fortunate. The building will be given away for the asking. Besides not being an historic building, why else is this building unsuitable to be used for a welfare distribution program? The Temecula Valley Historic Society understood that they would have the use of the Escallier buildings. Why did the city decide the Temecula Valley Historic Society was unworthy to have the use of these buildings? The Keyster Marsten report was only the latest city generated document that stated the importance of historic preservation in Old Town Temecula. Yet every single historic building in Old Town that the city has taken possession of has been demolished, been remodeled in a manner that shows no regard for it's original purpose, or is unavailable to regular visitors to Old Town. The chapel of memories can only be accessed by those who rent it for a wedding. Why doesn't the city want the public to have greater access to those historic sites in Old town that the city hasn't eliminated? Pujol Street is part of Old Town Temecula, and about half of Old Towns historic structures are on that street. What plans, if any, does the city of Temecula have for Pujol Street having a greater presence in Old Town? To the present day, the city has done nothing to encourage preserving historic residences on Pujol Street. Instead, the city has been encouraging the demolition of historic residences, and replacing those historic residences with affordable housing. If the city continues to look at Pujol Streets greatest value to Temecula as a place to have low income housing, and administer welfare programs, Does that means the city of Temecula only wants the east side of the Murrieta creek to be developed as the River walk? The city wanted both the Escallier house, and the Arviso house relocated to Pujol Street to remove them from being anywhere near the new Civic Center. The city is encouraging the building of large three and four story buildings throughout Old Town between the Murrieta Creek and 1-15. Why has the city been against preserving in vicinity of the civic center any of Old Town's actual historic buildings, and encouraging instead surrounding the Civic Center with replicas of the kind of old buildings you'd find in downtown Los Angeles? Councilman Washington suggested complaints about the use of the Escallier buildings for the community pantry was an attack on the community pantry it's self. Since administering to the needy is an important function of a city government, why wasn't space provided for the new community pantry within the new civic center? Questions from Otto and Nancy Barron at 5/13/08 City Council Meeting. (Unedited) 1. The building at 41915 2nd Street is a building that was reconditioned 10 years ago, is available for the asking, and has a façade approved by the Old Town review process. It can easily accommodate food storage, food preparation, and have office space for those administering the program, as well as showers for the less fortunate. The building will be given away for the asking. Besides not being an historic building, why else is this building unsuitable to be used for a welfare distribution program? It is not cost effective to relocate a building that is not historic. 2. The Temecula Valley Historic Society understood that they would have the use of the Escallier buildings. Why did the city decide the Temecula Valley Historic Society was unworthy to have the use of these buildings? The Temecula Valley Historic Society informed the City they were not interested in the Escallier buildings, but would prefer to expand the museum. 3. The Keyster Martsten report was only the latest city generated document that stated the importance of historic preservation in Old Town Temecula. Yet every single historic building in Old Town that the city has taken possession of has been demolished, been remodeled in a manner that shows no regard for it's original purpose, or is unavailable to regular visitors to Old Town. The chapel of memories can only be accessed by those who rent it for a wedding. Why doesn't the city want the public to have greater access to those historic sites in Old town that the city hasn't eliminated? The City currently has 18 to 19 historic sites. It is the City's intent to do everything possible to preserve these historic sites. 4. Pujol Street is part of Old Town Temecula, and about half of Old Towns historic structures are on that street. What plans if any, does the city of Temecula have for Pujol Street having a greater presence in Old Town? The City is moving the Escallier House and Barn to Pujol Street. 5. To the present day, the city has done nothing to encourage preserving historic residences on Pujol Street. Instead, the city has been encouraging the demolition of historic residences, and replacing those historic residences with affordable housing. If the city continues to look at Pujol Streets greatest value to Temecula as a place to have low income housing, and administer welfare programs, Does that means the city of Temecula only wants the east side of the Murrieta creek to be developed as the River walk? The City is moving the Escallier House and Barn to the west side of Pujol Street. 6. The City wanted both the Escallier house, and the Arviso house relocated to Pujol Street to remove them from being anywhere near the new Civic Center. The city is encouraging the building of large three and four story buildings throughout Old town between the Murrieta Creek and 1-15. Why has the city been against preserving in vicinity of the civic center any of Old town's actual historic buildings, and encouraging instead surrounding the Civic Center with replicas of the kind of old buildings you'd find in downtown Los Angeles? The new Civic Center will revitalize Old Town, provide economic development to the area, and provide much needed parking. It will also provide open space for cultural and community events while preserving important historical structures. 7. Councilman Washington suggested complaints about the use of the Escallier buildings for the community pantry was an attack on the community pantry it's self. Since administering to the needy is an important function of a city government, why wasn't space provided for the new community pantry within the new civic center? The City has designated the Temecula Community Center as a comprehensive Human Services resource. Locating the Pantry to the Temecula Community Center will be complimentary to existing services provided at the Temecula Community Center and S.A.F.E.