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Home My WebLink About071211 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JULY 12, 2011 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is Peop/e of the State of California and City of Temecula v. Cooperative Patient Services, /nc., et, al., Riverside County Superior Court Case No. RIC 1103777, Fourth District Court of Appeal No. E053310. 2) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is City of Temecula, et, al, v. Tovey/Shultz Construction, lnc., et, al., Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation). 3) The City Council will discuss potential candidates for appointment to the position of City Manager pursuant to Government Code Section 54957. 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: 11-05 Resolution: 11-50 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Susan Miyamoto Invocation: Pastor Tiffany Baker of The Empowerment Center Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts 1 PRESENTATIONS/PROCLAMATIONS Certificate of Achievement for Eaqle Scout Daniel Duvall Presentation to Rov Paulson who was honored as "Exporter of the Year" Presentation to David Estrada and Local Companies PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. 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, 10 minutes will be devoted to these reports. CONSENTCALENDAR 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 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of June 28, 2011. z 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of Mav 31, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of May 31, 2011. 5 Acceptance of certain Public Streets into the Citv-Maintained Svstem within Tract Map Nos. 30264-3, -4, -7, -9, -10, -14, -15, -F (located southeasterlv of the intersection of Pechanqa Parkwav and Wolf Vallev Road within the Wolf Creek Subdivision) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30264 -3, -4, -7, -9, -10, -14, -15, -F) 6 Amendment to Annual Aqreement for Citvwide Street Name Siqns for fiscal vear 2011- 12 RECOMMENDATION: 6.1 Approve an amendment to the annual agreement with Main Street Signs in the amount of $75,000 for fiscal year 2011-12. 7 Amendment to the Annual Purchase Aqreement for the purchase of Asphalt Products for fiscal vear 2011-12 RECOMMENDATION: 7.1 Approve the amendment to the purchase agreement with CalMat (dba Vulcan Materials Company) in the amount of $100,000 for fiscal year 2011-12. 3 8 Amendments to Annual Aqreements for various services required bv the Public Works Maintenance Division for fiscal vear 2011-12 RECOMMENDATION: 8.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011-12 for routine street maintenance and emergency services for various Maintenance Division needs. General Engineering Contractor Services: Del Rio Enterprise $ 50,000 Ryan Monteleone Excavation, Inc. $ 200,000 Vehicle Maintenance: Altec Industries, Inc. $ 30,000 9 Approval of a Minor Maintenance Aqreement for Annual Tree Trimminq and Maintenance Services RECOMMENDATION: 9.1 Approve a Minor Maintenance Agreement for the Annual Tree Trimming and Maintenance Services with West Coast Arborists, Inc. for $200,000 annually and authorize the Mayor to execute the agreement; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $20,000 annually which is equal to 10% of the contract amount. 10 Settlement of Eminent Domain Proceedinq: Litiqation Citv of Temecula v. Borchard- Temecula, L.P., et al. (Riverside Countv Superior Court Case No. 519298) for the Pechanqa Parkwav Storm Drain Improvements — Environmental Mitiqation (Proiect No. PW 99-11 EM) RECOMMENDATION: 10.1 Approve the following document, substantially in the form attached: Stipulation for Entry of Final Judgment in Condemnation and Final Order of Condemnation and for Withdrawal of Funds on Deposit Submitted by Plaintiff City of Temecula and Defendant Borchard-Temecula, L.P.; 10.2 Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition; 10.3 Authorize the Finance Director to issue a warrant for the sum of $20,558 payable to Borchard-Temecula, L.P. pursuant to the attached Stipulation for Entry of Final Judgment and Final Order of Condemnation; 4 10.4 Authorize the Finance Director to issue a warrant in an amount not to exceed $10,000 to the State of California for litigation fees and costs, if any, ordered by the Superior Court for dismissal of a defendant pursuant to Code of Civil Procedure Section 1268.610. 11 Second Readinq of Ordinance No. 11-03 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 11-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002) ::::::�:::::::�::: RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, CITY OF TEMECULA REDEVELOPMENT AGENCY, TEMECULA HOUSING AUTHORITY, AND TEMECULA PUBLIC FINANCING AUTHORITY ::::::::�:::::::�: 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-09 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, 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-minute time limit for each speaker. CSD CONSENT CALENDAR 12 Action Minutes RECOMMENDATION: 12.1 Approve the action minutes of June 28, 2011. 13 Annual Tree Trimminq and Maintenance Services RECOMMENDATION: 13.1 Approve the Agreement with West Coast Arborists, Inc. in the amount of $435,000 annually, plus a 10% contingency in the amount of $43,500 for tree trimming and maintenance services for fiscal years 2011-12 and 2012-13. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS 6 CSD ADJOURNMENT Next regular meeting: Tuesday, July 26, 2011, at 530 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 7 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-09 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of June 28, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, July 26, 2011, at 530 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. s TEMECULA HOUSING AUTHORITY MEETING - no meeting TEMECULA PUBLIC FINANCING AUTHORITY MEETING - no meeting 9 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 15 Weed Abatement Lien Resolution for fiscal vear 2010-11 RECOMMENDATION 15.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2010-2011 CITY COUNCIL BUSINESS 16 Increase in the Informal Bid Limit and Protest Procedures RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS 16.2 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE PROTEST FEE SCHEDULE FOR PROTESTS RELATING TO PURCHASING CONTRACTS AND PUBLIC WORKS CONTRACTS 10 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, July 26, 2011, at 530 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website —www.citvoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.citvoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 11 PRESENTATIONS � � � � i � i � � � �� , � ... � � Fy ' � � � O I 9 '� I � � w � � I R I � � � � � O I � I � F'. "� W�� I� I� � �� o I I� � � �� I I� W V W w� I I� � � � z � � ca � O� F o � I I� � � �� I I w � � �� z � � � o � � � � � i i � � � ° � an � � � � � � � � � � � ? � � � � •� � � ? ►�'' o� �� o � � � � � � � � � � o `�� v�o �i � �� •�' � o � '� � �� V ti� � � 4� . 'l� � o � � ;� � �.' o � [� � � � � � �r � � � U � � �° a � .� � � �Q Q � � � � � � � � � � � � � � � an ° � � v � O � O U � ,�+ C� CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 28, 2011 — 7:00 PM 5:30 P.M. — The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) The Council will discuss potential candidates for appointment to the position of City Manager pursuant to Government Code Section 54957. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 530 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Roberts Prelude Music: Anthony Agbay Invocation: Pastor Tony Foster of True Vine Pentecostal Church Flag Salute: Mayor Pro Tem Washington ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PUBLIC COMMENTS The following individuals addressed the City Council: • Lorina Bennett • Kathleen Hydrusko • James E. Horn • Donald Lambert • Wayne Hall CITY COUNCIL REPORTS Action Minutes\062811 1 CONSENTCALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (4-0-1) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected approval with the exception of Mayor Roberts who abstained RECOMMENDATION: 2.1 Approve the action minutes of June 14, 2011. 3 List of Demands- Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Trustee/Fiscal Aqent Services for fiscal vear 2011-12 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Approve the expenditure of $45,310 for fiscal year 2011-12 trustee/fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), Tax Allocation Bonds (TABs), and Certificates of Participation (COPs). Action Minutes\062811 2 5 Site Access for Research Aqreement within the Roripauqh Ranch Preserve - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Approve the Agreement between the City of Temecula and the Regional Conservation Authority. 6 Aqreements for Plan Review Services for fiscal vear 2011/2012 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Approve an Agreement for Plan Review Services with Bureau Veritas in the amount of $33,334; 6.2 Approve an Agreement for Plan Review Services with Esgil Corporation in the amount of $33,334; 6.3 Approve a Agreement for Plan Review Services with Tom Haney in the amount of $33,332. 7 Aqreement for Landscape Plan Check and Inspection Services for fiscal vear 2011/2012 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 7.1 Approve an Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2011/2012 in the amount of $90,000. 8 Aqreement for Federal Lobbvist - Approved Staff Recommendation (4-1-0) — Council Member Comerchero made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Naggar who voted no RECOMMENDATION: 8.1 Approve a two-year contract for federal lobbying services with David Turch and Associates in an annual amount of $42,000. Action Minutes\062811 3 9 Aqreement for State Lobbvist - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Approve a two-year contract for state lobbying services with Ellison Wilson Group, LLC in an annual amount of $42,000. 10 Opposition to Assemblv Bill 438 (Williams), at the request of Mavor Pro Tem Washinqton - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 11-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO OPPOSE ASSEMBLY BILL 438 (WILLIAMS) WHICH, IF PASSED, WOULD INCREASE NOTIFICATION REQUIREMENTS FOR THOSE CITIES AND OTHER ENTITIES THAT WANT TO OPT OUT OF THE COUNTY FREE LIBRARY SYSTEM TO OUTSOURCE THE ADMINISTRATION AND OPERATION OF THEIR LIBRARIES TO A PRIVATE, FOR PROFIT COMPANY 11 Amendments to Annual Aqreements for various services required bv the Public Works Maintenance Division for fiscal vear 2011/2012 - Approved Staff Recommendation (5- 0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 11.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011/2012 for routine street maintenance and emergency services for various Maintenance Division needs. General Engineering Contractor Services: Becker Engineering $200,000 HazMat Trans, Inc. $ 30,000 Imperial Paving $200,000 NPG $ 50,000 Republic ITS $ 30,000 Traffic Striping: Pacific Striping $100,000 Property Maintenance: Rene's Commercial $200,000 Action Minutes\062811 4 12 Award of a Construction Contract for the Citvwide Slurrv Seal Proiect FY2010-11, Chardonnav Hills and a Portion of Paseo Del Sol, Proiect No. PW11-02 -Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Award the construction contract, effective July 1, 2011, for Project No. PW11-02, Citywide Slurry Seal Project FY 2010-11, Chardonnay Hills and a Portion of Paseo Del Sol, to American Asphalt South, Inc. in the amount of $257,837.34; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $64,459.34 which is equal to 25% of the contract amount; 12.3 Make a finding that the Citywide Slurry Seal Project FY 2010-11 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 13 Award a Construction Contract for the Citvwide Concrete Repairs - FY2010-11, Proiect No. PW11-03 - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 13.1 Award a construction contract, effective July 1, 2011, for Citywide Concrete Repairs - FY2010-11, Project No. PW11-03, to B&T Works, Inc. in the amount of $280,721; 13.2 Authorize the City Manager to approve change orders up to 25% of the contract amount of $70,180.25; 13.3 Make a finding that the Citywide Concrete Repairs - FY2010-11 project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 14 Acceptance of Grant Deed of Vail Ranch Open Space Lots - Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 14.1 Approve and accept the Grant Deed for Lots 71 and 72 in Tract 28480 and Lots 77, 78 and 79 in Tract 23174-3. Action Minutes\062811 5 At 737 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 7:45 P.M., the City Council resumed with regular business. PUBLIC HEARING 19 Lonq Ranqe Planninq Proiect No. LR11-0002, an Ordinance amendinq Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation, desiqnate residential care facilities servinq six or fewer persons as a permitted use, and authorize the Planninq Commission to review appeals of the Planninq Director's decision - Approved Staff Recommendation (5-0-0) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 19.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002) Planning and Redevelopment Director Richardson presented the staff report (as per agenda material). There being no public comments, the public hearing was closed. 20 An extension to the adopted Interim Urqencv Ordinance for a Citvwide moratorium on the approval of Conditional Use Permits for businesses to sell alcoholic beveraqes for off sale consumption (LR11-0007) - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 20.1 Adopt an interim urgency ordinance entitled: Action Minutes\062811 6 URGENCY ORDINANCE NO. 11-04 AN EXTENSION TO THE INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA 20.2 Adopt this staff report. As per agenda material, Planning and Redevelopment Director presented the staff report. At this time, the public hearing was opened and the following individuals addressed the City Council speaking in opposition to the recommendation: • Dr. Sam Jihad • Leonardo Alderto Segura • John Davis • Eric Roersvey • Roger Martinez • Ray McGee • Juan Varona • David Driesler • Rodney D. Moore, Jr. • Deanna Moore • Steven Alonzo • Erica Alonso • Scott Roser • Matthew Bell • Paul Evans • Gordon L. Dapkus • Kat McHenry • Luis Huerta • David Adari • Chris Frankenberger • Julian Shabo • Mark Navarro The following individual spoke in support of staff's recommendation: • Wayne Hall The public hearing was closed. Action Minutes\062811 7 CITY COUNCIL BUSINESS 21 Planninq Commission Appointment — Appointed Carl Carey (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 21.1 Appoint one applicant to serve a full three-year term on the Planning Commission through June 15, 2014. 22 Old Town Local Review Board Appointments — Appointed Peg Moore and Gary Watts (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 22.1 Appoint two applicants to serve full three-year terms on the Old Town Local Review Board through June 15, 2014. 23 Conqressional Redistrictinq Recommendations -Approved Staff Recommendation (5- 0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. 11-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING THE PROPOSED CALIFORNIA CITIZENS REDISTRICTING COMMISSION'S RECOMMENDATION TO DIVIDE THE CITY OF TEMECULA INTO TWO SEPARATE CONGRESSIONAL ELECTION BOUNDARIES AND REQUESTING THAT ALL OF THE CITY OF TEMECULA BE INCLUDED IN THE NEW PRS/I-15 CORRIDOR CONGRESSIONAL DISTRICT WITHIN RIVERSIDE COUNTY Planning and Redevelopment Director Richardson provided an overview of the staff report (as per agenda material). Mr. Wayne Hall addressed the City Council with regard to this matter. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions Action Minutes\062811 8 ADJOURNMENT At 8:45 P.M., the City Council meeting was formally adjourned to Tuesday, July 12, 2011, at 530 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes\062811 9 Item No. 3 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 12, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- 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. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAW 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 $4,942,598.30. 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 12th day of July, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of July, 2011, 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 06/23/2011 TOTAL CHECK RUN $ 3,344,07636 06/30/2011 TOTAL CHECK RUN 1,153,05023 06/23/2011 TOTAL PAYROLL RUN: 445,471.71 TOTAL LIST OF DEMANDS FOR 07/122011 COUNCIL MEETING: $ 4,942,59830 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 592,486.89 130 RECOVERY ACT JAG FUNDING 23.99 165 AFFORDABLE HOUSING 34,000.87 190 TEMECULA COMMUNITY SERVICES DISTRICT 313,661.08 192 TCSD SERVICE LEVEL B 144.56 194 TCSD SERVICE LEVEL D 621.94 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 3,847.19 197 TEMECULA LIBRARY FUND 91,439.42 210 CAPITAL IMPROVEMENT PROJECTS FUND 147,948.57 280 REDEVELOPMENT AGENCY - CIP PROJECT 11,85434 300 INSURANCE FUND 15,284.82 320 INFORMATION TECHNOLOGY 74,924.09 330 SUPPORT SERVICES 18,633.64 340 FACILITIES 38,751.19 472 CFD Ol-2 HARVESTON A&B DEBT SERVICE 524,243.65 473 CFD 03-1 CROV✓NE HILL DEBT SERVICE FUND 524,960.11 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 48,996.97 475 CFD033 WOLF CREEK DEBT SERVICE FUND 1,031,86028 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 176,62339 477 CFD- RORIPAUGH 786,410.86 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 6430 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 4322 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 5124 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 9.43 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 104.16 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 3,008.14 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 26.94 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 2,87226 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.40 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7.82 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 4.95 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 2,208.11 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2526 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 14.71 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 12.58 516 SERVICE LEVEL"C"ZONE 16 TRADEV✓INDS 673.54 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2.42 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 109.14 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 58.65 520 SERVICE LEVEL"C"ZONE 20 CROV✓NE HILL 6,40524 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 3,467.74 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 637 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.05 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 150.87 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 48.46 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 49.72 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 398.04 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 27025 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 70.73 700 CERBT CALIFORNIA EE RETIREE-GASB45 40,236.00 $ 4,497,126.59 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 241,779.69 165 AFFORDABLE HOUSING 11,000.87 190 TEMECULA COMMUNITY SERVICES DISTRICT 138,856.93 192 TCSD SERVICE LEVEL B 14233 194 TCSD SERVICE LEVEL D 1,030.98 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,01328 197 TEMECULA LIBRARY FUND 45826 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,535.66 300 INSURANCE FUND 1,34437 320 INFORMATION TECHNOLOGY 24,78629 330 SUPPORT SERVICES 6,479.47 340 FACILITIES 9,222.09 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 104.09 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 6939 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 8234 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 1529 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 167.61 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 30.19 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 43.10 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 28439 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 233 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 12.60 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.93 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 189.62 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 40.48 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 23.58 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 20.10 516 SERVICE LEVEL"C"ZONE 16 TRADEV✓INDS 4735 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.99 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 175.62 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 94.17 520 SERVICE LEVEL"C"ZONE 20 CROV✓NE HILL 254.90 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 430.88 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 1032 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 1130 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 242.63 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 78.01 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.41 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 1130 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 357.86 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 6.71 445,471.71 TOTAL BY FUND: $ 4, 942,59830 apChkLst Final Check List Page: 7 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor Description AmountPaid CheckTotal 1721 O6/20/2011 005460 U S BANK Securetl Settlement #2 Payment 2,654,643.80 2,654,643.80 1722 O6/23/2011 000444 INSTATAX (EDD) State Disability Ins Payment 24,500.88 24,500.88 1723 O6/23/2011 000283 INSTATAX QRS) Fetleral Income Taxes Payment 85,213.92 85,213.92 1724 O6/23/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 5,54072 5,54072 SOLUTION 1725 O6/23/2011 000246 PERS (EMPLOVEES' PERS ER Paitl Member Confr Paymenf 125,61478 125,61478 RETIREMENT) 1726 O6/23/2011 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1727 O6/23/2011 001065 NATIONWIDE RETIREMENT Nationwitle Retirement Payment 11,66623 11,66623 SOLUTION 146214 O6/23/2011 013367 ACTNEMICROINC MISCTOOLS/EQUIP:PWTRAFFIC 53.41 MISCTOOLS/EQUIP:PWTRAFFIC 6778 MISCTOOLS/EQUIP:PWTRAFFIC 1,504.40 1,625.59 146215 O6/23/2011 004432 ALBERTSONS GROCERV SD County Fairtickets: MPSC 6/28 127.00 127.00 STORE 146216 O6/23/2011 004422 AMERICAN BATfERV bafteries: theater/fltl op/ch/cro 1,166.89 1,166.89 CORPOR.4TION 146217 O6/23/2011 004240 AMERICAN FORENSIC NURSES DUI & tlrug screenings: Police 575.12 (AFN) DUI & tlrug screenings: Police 780.52 1,355.64 146218 O6/23/2011 000936 AMERICAN RED CROSS guartlstart participants Idts:Aquatics 153.00 153.00 146219 O6/23/2011 004623 AQUA SOURCE INC pool test supplies: Aquatics 199.97 199.97 146220 O6/23/2011 011961 AT&T MOBILITY May Trip Wire:GraHitti:POlice 128.94 128.94 146221 O6/23/2011 011954 BAKER & TAVLOR INC (120) BOOK PURCHASE: LIBRARV 1,831.39 (9)BOOKPURCHASE:LIBRARV 10025 1,931.64 146222 O6/23/2011 013356 BATES INDUSTRIES INC uniforms:police motorcyde unit 5,243.88 5,243.88 Page:1 apChkLst Final Check List Page: 2 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (COntinuetl) Check# Date Vendor Description AmountPaid CheckTotal 146223 O6/23/2011 004040 BIG FOOT GRAPHICS SHIRTS/HATS:4TH OF JULV EVENT 2,250.00 TCSDinstructoreamings 1,606.50 3,856.50 146224 O6/23/2011 010962 BILBV, DAVID reimb: GFOA CPFO pgrm cost 145.00 145.00 146225 O6/23/2011 013558 BLOOMINGTONSERVICESINC miscsuppliessummertlaycamp 1,320.00 1,320.00 146226 O6/23/2011 013775 BLUE DIAMOND GEN Res Imprv Prgm: Schmit 485.00 485.00 CONTR.4CTOR 146227 O6/23/2011 013121 BOVD, KELLV D refuntlsec tlep:picnic rental:harveston 150.00 150.00 146228 O6/23/2011 009653 C P R S PARK OPERATIONS CPRS awartl fee: college/voc fair 45.00 45.00 146229 O6/23/2011 009653 C P R S PARK OPERATIONS CPRS awartl fee: Expo 45.00 45.00 146230 O6/23/2011 006485 CALIF DEPT OF ENVIRON EPA ID CAL 000212813 22.50 22.50 PROTEC 146231 O6/23/2011 004228 CAMERON WELDING SUPPLV Helium tanks rentalhe�ill:TCSD 58.15 58.15 146232 O6/23/2011 000131 CARL WARREN & COMPANV LIABILITV CLAIMS MGMT 773.59 773.59 INC SVCS:FINANCE DEPT 146233 O6/23/2011 006114 CASEV, MARGIE employee computer loan program 693.10 693.10 146234 O6/23/2011 012627 CLEAR IMAGE ENTERPRISES wintlow deaning svc:civic center 3,827.00 3,827.00 INC 146235 O6/23/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 146236 O6/23/2011 001264 COSTCO WHOLESALE misc supplies:movies in the park 29770 MISCSUPPLIES:MERCARTSHOWS 363.59 66129 146237 O6/23/2011 010650 CRAFTSMEN PLUMBING & concrete work: tulley ranch 3,200.00 HVAC INC plumbing svc: Stn 73 217.50 3,417.50 146238 O6/23/2011 012600 DAVID EVANS & ASSOCIATES MAV CNSLT SVCS:BUTTERRELD RD 883.96 883.96 INC EXT 146239 O6/23/2011 002990 DAVID TURCH & ASSOCIATES Jun legislative cnslt svc: CM 3,500.00 3,500.00 Page2 apChkLst Final Check List Page: 3 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (COntinuetl) Check# Date Vendor Description AmountPaid CheckTotal 146240 O6/23/2011 003945 DIAMOND ENVIRONMENTAL Jun restroom svc: Riverton Park 52.88 SRVCS Jun restroom svc: Veterans Park 52.88 Jun restroom svc: Vail Ranch Pk 52.88 Jun restroom svc: Long Cyn Park 79.88 238.52 146241 O6/23/2011 004192 DOWNSCOMMERCIAL FuelforCityvehides:B&S 584.11 FUELING INC Fuel for City vehides: Cotle Enf 392.84 FuelforCifyvehides:PWlntiv/nptles/cip 298.10 Fuel for Cityvehides: PW Traffic 407.61 Fuel for Cifyvehides: PW Intiv/nptles 216.37 Fuel for Cityvehides: PW Maint 2,012.69 Fuel for City vehides: Police 66.99 Fuel for City vehides: TCS D 2,152.89 FuelforCityvehides:tcstl/ccft 189.63 6,32123 146242 O6/23/2011 007696 DU RNAGE, GAVLE A. entertainment:Street Painting Fest 500.00 500.00 146243 O6/23/2011 002390 EASTERNMUNICIPALWATER Junewatermeter:39569SeraphinaRtl 390.99 390.99 DIST 146244 O6/23/2011 013430 ENERSPECTMEDICAL CPRdasssupplies:Parametlics 1,150.00 SOLUTIONS metlical supplies: Parametlics 1,528.36 AED supplies: Parametlics 841.47 3,519.83 146245 O6/23/2011 012170 E-Z UP DIRECT.COM, LLC shatle structures:recreation pgrms 750.34 750.34 146246 O6/23/2011 000478 FASTSIGNS SIGNAGE:NMEXHIBITS 29.91 29.91 146247 O6/23/2011 003747 FINE ARTS NETWORK sttlmnt: Forever Plaitl May-Jun'11 9,819.04 9,819.04 146248 O6/23/2011 003347 FIRSTBANKCARDCENTER 014214 NEWEGG.COM RJ retumetl protluct: Planning -87.36 005963 LORMAN EDUCATION RJ online training: Mixetl Use Dev 219.00 SERVICES 014227 PIZZP. FUSION SJ meal tip: dosetl council mtg 5H0 20.00 010773 SWEET LUMPV BBQ LLC SJ meaC dosetl council mtg 5/24 31327 000733 ABBEV PARTY RENTS SJ table doth rental:butlget wkshp 5/25 44.63 012112 PALUMBOS RISTORANTE SJ meaC council butlget wkshp 5/25 163.13 002111 TOGOS RESTAURANT SN lunch: SW City Manager's mtg 5H2 56.17 012112 PALUMBOS RISTORANTE SN Iunch:Pechanga Tribal Council5/24 19874 927.58 Page3 apChkLst Final Check List Page: 4 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (COntinuetl) Check# Date Vendor Description AmountPaid CheckTotal 146249 O6/23/2011 003281 FOREMOSTPROMOTIONS promoitems:PDCrimeprevention 1,26825 1,26825 146250 O6/23/2011 002982 FRANCHISE TAX BOARD SUPPORT PAVMENT 293.30 293.30 146251 O6/23/2011 002982 FRANCHISE TAX BOARD SUPPORT PAVMENT 50.00 50.00 146252 O6/23/2011 014269 FRANKLIN,HEIDI refuntlsummertlaycamp0405203 236.00 236.00 146253 O6/23/2011 010326 G E MOBILE WATER, INC Jun osmosis washer rent: Stn 73 26.10 Jun osmosis washer maint: Stn 73 57.00 83.10 146254 O6/23/2011 003946 G T ENTERTAINMENT emceestreet painting festival 300.00 300.00 146255 O6/23/2011 001937 GALLS INC uniforms: Police Volunteers 22.84 uniforms: Police Volunteers 24.90 4774 146256 O6/23/2011 013552 GANDSPRODUCTIONSLLC sttlmnt:COUntryattheMerc6H1 457.50 457.50 146257 O6/23/2011 013076 GAUDET,WONNEM. TCSDinstructoreamings 2,061.50 2,061.50 146258 O6/23/2011 014234 GEARS 2 ROBOTS, LLC TCSD Instructor Eamings 1,848.00 TCSD Instructor Eamings 1,848.00 3,696.00 146259 O6/23/2011 000173 GENERAL BINDING Bintling Supplies: Central Svcs 500.00 500.00 CORPOR.4TION 146260 O6/23/2011 011880 GLOBALSTAR INC 2H6-4H5 EOC satellite svc:CM 64224 64224 146261 O6/23/2011 000175 GOVERNMENT FINANCE 9H1-8H2 mb 300179958 Bilby, D 150.00 150.00 OFFICERS 146262 O6/23/2011 013107 GRANT, GLENN Ativertising:Street Painting Fest 750.00 750.00 146263 O6/23/2011 004188 HARRIS & ASSOCIATES May pavement rehab: citywitle 19,497.50 19,497.50 146264 O6/23/2011 001135 HEALTHPOINTE MEDICAL May emp intlustrial care svcs:HR 369.00 GROUP INC cretlit Camacho not city emp;tlnp tb test -69.00 300.00 146265 O6/23/2011 004811 HEWLETf PACKARD HP computer EOC pgrm 2,682.36 (20)computermonitors:library 3,92275 6,605.11 146266 O6/23/2011 001517 HORIZON HEALTH JUN EAP SVCS: HR 682.00 BILLING ADJ: JUNE'11 UNITS 156 NOT U. 4.40 686.40 Page:4 apChkLst Final Check List Page: 5 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (COntinuetl) Check# Date Vendor Description AmountPaid CheckTotal 146267 O6/23/2011 013133 HULLABALOO entertainment: FAM pgrm 6/20 500.00 500.00 146268 O6/23/2011 011342 I A C ENGMEERING INC. partial refenfion release: PWO6-O6 39,312.51 39,312.51 146269 O6/23/2011 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 5,282.88 5,282.88 303355 146270 O6/23/2011 011228 INLANDPLANNINGAND Apr-Maycnsltjeffersoncorritlor 3,000.00 3,000.00 DESIGN INC 146271 O6/23/2011 003296 INTL CODE COUNCIL 'O6 IBC cotle book: B&S 109.51 109.51 146272 O6/23/2011 003266 IRON MOUNTAIN OFFSITE May oHSite metlia storage:recortls 416.41 416.41 146273 O6/23/2011 014271 JACOB'S HOUSE refuntl:cr on acct:overpayment 25.00 25.00 146274 O6/23/2011 013200 JAROTHINC Julypayphones:tluckpontl,Library,CRC 212.64 July pay phone:RDA:OT bus tlepot 82.64 295.28 146275 O6/23/2011 014189 JOE'S RADIO SHOP ratlio anfennas insfall: Fire 5,159.82 5,159.82 146276 O6/23/2011 014147 KAD PAVING COMPANV Jun pavement rehab:nicholas rtl 46,59075 May pavement rehab:nicholas rtl 21,383.00 67,97375 146277 O6/23/2011 000548 KIPLINGER LETfER, THE 1 yr online subscription:Naggar, Mike 99.00 99.00 146278 O6/23/2011 013660 L& L PRINTERS CARLSBAD, printing svcs: theater 8,863.04 8,863.04 LLC 146279 O6/23/2011 000945 L P S COMPUTER SERVICE equip repaidmaint: plotter 110.00 110.00 GROUP 146280 O6/23/2011 004412 LEANDER, KERRV D. TCSD instructor eamings 2,425.50 TCSD instructor eamings 2,793.00 TCSDinstructoreamings 2,719.50 7,938.00 146281 O6/23/2011 010598 LEIGHTON AND ASSOCIATES, May geotech svcs:nicholas rtl 3,717.00 3,717.00 INC. 146282 O6/23/2011 003726 LIFE ASSIST INC metlical supplies: Parametlics 20.46 metlical supplies: Parametlics 553.16 metlical supplies: Parametlics 191.64 metlical supplies: Parametlics 148.51 913.77 PageS apChkLst Final Check List Page: 6 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (COntinuetl) Check# Date Vendor Description AmountPaid CheckTotal 146283 O6/23/2011 004813 M& J PAUL ENTERPRISES INC equip rental/pony: Spring Egg Hunt 4/23 195.00 equip rental/pooh: Spring Egg Hunt 4/23 195.00 equip rental: TCSD Expo 4/30 174.00 564.00 146284 O6/23/2011 003782 MAINSTREETSIGNS Miscsigns:PWTreffic 2,141.68 MISC SIGNS:PW MAINT 119.63 2,261.31 146285 O6/23/2011 004141 MAINTEX INC Custotlial supplies: CiJC Center 42772 Cretlit:retum custotlial supplies/ciJC -403.46 Miscsupplies:civiccenter/prks/amuseum 1,752.83 1,777.09 146286 O6/23/2011 000217 MARGARITA OFFICIALS ASSN Jun offidating srvcs:CSD sports pgrm 2,345.00 2,345.00 146287 O6/23/2011 011179 MC MILLIN REDHAWK LLC TCSD Instructor Eamings 840.00 840.00 146288 O6/23/2011 006571 MELODV'S AD WORKS INC. Reimbursements:Street Paint Festival 17.40 17.40 146289 O6/23/2011 010168 MVERS & SONS H6WAV Traffic cones & barricatles:pw maint 7,351.39 7,351.39 SAFETVINC 146290 O6/23/2011 002925 NAPA AUTO PARTS City veh repair & maint: Stn 84 62.55 City veh repair & maint Stn 73 58.90 121.45 146291 O6/23/2011 012685 NEVADA PAGFIC Facility Maint Supplies: Sta 84 418.63 418.63 FIRE&SAFETV INC 146292 O6/23/2011 013867 NORMAN INDUSTRIAL Compartment repair Fire 428.48 428.48 MATERIALS 146293 O6/23/2011 002139 NORTHCOUNTYTIMES Maynewspapersubscr:MPSC 28.60 28.60 146294 O6/23/2011 002292 OASISVENDING Miscsupplies:civiccenter 245.46 245.46 146295 O6/23/2011 003964 OFFICE DEPOT BUSINESS SVS business cartls: M. Heslin 10778 10778 DIV 146296 O6/23/2011 002105 OLD TOWN TIRE & SERVICE City Vehide Maint Svcs: TCSD 275.62 City Vehide Maint Svcs: TCSD 915.33 1,190.95 146297 O6/23/2011 002105 OLD TOWN TIRE & SERVICE City Vehide Maint Svcs:PW Lantl Dev 10.82 City Vehide Maint Svcs:PW TraHic 554.88 GTVVEHICLEMAINTSVCS:PWMAINT 176.67 GTVVEHICLEMAINTSVCS:PWMAINT 457.15 1,199.52 146298 O6/23/2011 002105 OLD TOWN TIRE & SERVICE Cityveh repair & maint:police CAP 452.32 Cityveh repair & maintpolice CAP 29.77 482.09 PageS apChkLst Final Check List Page: 7 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (COntinuetl) Check# Date Vendor Description AmountPaid CheckTotal 146299 O6/23/2011 002105 OLDTOWNTIRE&SERVICE CityVehideMaintSVCS:CityMgr 44.13 44.13 146300 O6/23/2011 002105 OLD TOWN TIRE & SERVICE City Vehide Maint Svcs:B&S Dept 36.57 36.57 146301 O6/23/2011 002105 OLD TOWN TIRE & SERVICE City Vehide Maint Svcs:COtle Enf 21.08 21.08 146302 O6/23/2011 014268 OLNE TREE CHRISTIAN refuntl:cretlit bal:Pennypickles wkshp 35.00 35.00 146303 O6/23/2011 008871 ORIGINAL LIFEGUARD INC Uniforms: aquatics pgrm 1,450.32 1,450.32 146304 O6/23/2011 002800 PAGFIC STRIPING INC Street striping:tem pkwy & santiago 4,006.90 4,006.90 146305 O6/23/2011 012833 PC MALL GOV, INC. cretlit:billing atlj/printer stantl -494.82 Printersupplies:TCSD 1,033.14 538.32 146306 O6/23/2011 014270 PERSELL, SU7ANNE refuntl:full balance:enrollment 140.00 140.00 146307 O6/23/2011 010320 PETCO ANIMAL SUPPLIES INC Police K-9 Footl & Supplies 19572 Police K-9 Footl & Supplies 54.36 250.08 146308 O6/23/2011 001999 PITNEV BOWES Postage meter supplies: Stn 84 10629 10629 146309 O6/23/2011 010338 POOL & ELECTRICAL Misc pool supplies:aquatics pgrm 494.93 494.93 PRODUCTSINC 146310 O6/23/2011 000253 POSTMASTER E�ress Mail & Postal Svcs 17.40 17.40 146311 O6/23/2011 005075 PRUDENTIALOVERALL Mayuniform/flrmts/twlrentals:city 1,037.69 1,037.69 SUPPLV 146312 O6/23/2011 004272 RANCHO ARMV NAVV STORE Rain ponchos: TCC pgrm 100.00 100.00 146313 O6/23/2011 000262 RANCHOCALIFWATER Junevarwatermeters:TCSDSVCIevC 18,996.67 DISTRICT May D.C. water meter:30650 Pauba Rtl 16.14 June water meters:30875 Rancho Jsta 486.66 Junevarwafermefers:TCSD&PW 1,813.16 Mayvarwatermeters:30650PaubaRtl 429.40 21,742.03 146314 O6/23/2011 004584 REGENCV LIGHTING Misc electrical supplies:aquatics pgrm 23.06 Miscelectricalsupplies:varparks 1,093.33 1,116.39 146315 O6/23/2011 004498 REPUBLICINTELLIGENT Trafficsgnlrepair&maintPWTraHic 5,700.00 5,700.00 Page:7 apChkLst Final Check List Page: 8 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (COntinuetl) Check# Date Vendor Description AmountPaid CheckTotal 146316 O6/23/2011 013759 RICE,KENNETH Enfertainmenfsfreefpainffesfival6/24 500.00 500.00 146317 O6/23/2011 000418 RNERSIDE CO CLERK & ntc of exempt filing feeslurry seal 64.00 64.00 RECORDER 146318 O6/23/2011 001365 RNERSIDE COUNTY OF Spec event permit:4th of Julyventlor 505.00 505.00 146319 O6/23/2011 008739 ROSE GTY LABEL Promo stickers:crime prevention 393.00 393.00 146320 O6/23/2011 014188 S A JONES CONSTRUCTION Res Improv Prgm: Diaz 2,550.00 2,550.00 146321 O6/23/2011 010089 SECURITAS SECURITV SRVCS 4/295/5 security srvcs:Temeku Hills 203.97 203.97 USA 146322 O6/23/2011 006554 SHAFFER, FRED Entertainment:Street Painting Festival 500.00 500.00 146323 O6/23/2011 008529 SHERIFF'S CNIL DN- SUPPORT PAVMENT 200.00 200.00 CENTRAL 146324 O6/23/2011 008529 SHERIFF'S CNIL DN- SUPPORT PAVMENT 100.00 100.00 CENTRAL 146325 O6/23/2011 009213 SHERRVBERRVMUSIC Jau@theMerc6/9H1 273.00 Ja� @ the Merc 6H 6H 1 346.50 619.50 146326 O6/23/2011 009746 SIGNSBVTOMORROW Publicntcpostingsrvcxc0045:Planning 148.50 "COmmunity Services" sign 49.48 197.98 146327 O6/23/2011 000645 SMART & FINAL INC Misc supplies:Calif Cities League mtg 448.91 Misc supplies: movies in the park 226.83 MISC SUPPLIES: MPSC 260.51 Misc supplies: merc art shows 27379 Misc supplies: summer tlay camp 9827 Misc supplies: summer tlay camp 655.52 1,963.83 146328 O6/23/2011 000537 SO CALIF EDISON May 230-296-9522:31035 Rancho vista 285.77 May 230-099384729721 Ryecrest 21.89 May 2-28331-4847:32805 Pauba LS3 123.98 May 2-27-560-0625:32380 Deerhollow 2,637.62 3,06926 146329 O6/23/2011 001212 SO CALIF GAS COMPANV June 015-575-0195-2:32211 Wolf vly rtl 142.51 June 055-475-6169-5:PBSP 213.61 356.12 146330 O6/23/2011 014177 SOUTHWESTBOULDER& Maintsupplies:palapark 1,414.84 1,414.84 STONE PageE apChkLst Final Check List Page: 9 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (COntinuetl) Check# Date Vendor Description AmountPaid CheckTotal 146331 O6/23/2011 005786 SPRINT Apr26-May25cellularusage/equip 5,10421 5,10421 146332 O6/23/2011 000293 STADIUM PIZZP. INC refreshmentssummer tlay camp 6/9 480.45 480.45 146333 O6/23/2011 002366 STEAMSUPERIORCARPET 6/6-10H1carpetdeaningsrvcsfoc 300.00 300.00 CLEANING 146334 O6/23/2011 012789 STUART, JENNIFER SARAH TCSD Instructor Eamings 7,248.50 7,248.50 146335 O6/23/2011 007698 SWANK MOTIONS PICTURES, MoJe rentals:Despicable Me 6H7 421.00 421.00 INC. 146336 O6/23/2011 013387 SWEEPING UNLIMITED INC Jun sweeping srvcs:parking garage 500.00 500.00 146337 O6/23/2011 014267 TABLAN, MARIA refuntlsec tlep:rm rental:TCC 150.00 150.00 146338 O6/23/2011 000305 TARGET BANK BUS CARD MISC SUPPLIES: SKATE PARK 149.44 SRVCS Misc supplies: summer tlay camp 15.49 Misc supplies: summer tlay camp 928.40 1,093.33 146339 O6/23/2011 010679 TEMECULA AUTO City veh repair & maint: Stn 84 47.80 47.80 REPAI WRADIATOR 146340 O6/23/2011 003677 TEMECULA MOTORSPORTS GTV VEH REPAIR & MAINT:POLICE 901.59 LLC GTV VEH REPAIR & MAINT:POLICE 37378 GTV VEH REPAIR & MAINT:POLICE 19820 1,473.57 146341 O6/23/2011 004788 TEMECULA ROOFING Res Improv Prgm: Sanchez 1,100.00 1,100.00 146342 O6/23/2011 010046 TEMECULAVALLEV Apr'11Bus.ImprvDistrictASmnts 96,705.33 96,705.33 CONVENTION & 146343 O6/23/2011 007340 TEMECULA VALLEV FIRE E�inguisher Service: Stn 92 59.50 EQUIP. CO E�inguisher Service: Stn 73 17.00 E�inguisher Service: Stn 84 & 12 152.50 229.00 146344 O6/23/2011 000306 TEMECULA VALLEV PIPE & Irrigation/plumbing supplies:var parks 323.14 323.14 SUPPLV 146345 O6/23/2011 010276 TIME WARNER CABLE June high speetl intemet:32211 Wolf vly 102.17 102.17 146346 O6/23/2011 000668 TIMMV D PRODUCTIONS INC DJ srvcs: Skater's Challenge 5/28H 1 525.00 525.00 Page9 apChkLst Final Check List Page: 70 06/23/2077 3:07:47PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA (COntinuetl) Check# Date Vendor Description AmountPaid CheckTotal 146347 O6/23/2011 002452 TOP LME INDUSTRIAL Equip repair & maintPW Maint 53.40 53.40 146348 O6/23/2011 012725 TRZOP, NICHELLE TCSD Instructor Eamings 1,83120 TCSD Instructor Eamings 3,22320 TCSD Instructor Eamings 1,900.80 TCSD Instructor Eamings 2,376.00 9,33120 146349 O6/23/2011 004145 TW TELECOM Apr-May City phones general usage 30.32 30.32 146350 O6/23/2011 000325 UNITED WAV Unitetl Way Charities Payment 63.00 63.00 146351 O6/23/2011 013732 VACONSULTINGINC. Trafficstutly:walcoftestates 932.00 932.00 146352 O6/23/2011 004261 VERIZON Junexa-6084generalusage 35.61 June xa-0074 general usage 213.12 June xa-5072 general usage 1,671.03 June xa-0073 general usage 89.99 June xa-5473 gen usage:MOraga Rtl 3770 June xa-8573 general usage 36.89 June xa3143 gen usage:PD ovedantl 45.08 June xa-0714 gen usage:PD mall alarm 68.33 June xa3564 general usage 36.89 2,234.64 146353 O6/23/2011 004789 VER20N ONLME June Intemet svcs: CiJC Center 275.09 275.09 146354 O6/23/2011 013647 VICAROPERATING,INC. ADDTLVETSRVCS:POLICEK-9UNIT 107.05 107.05 146355 O6/23/2011 003730 WESTCOASTARBORISTSINC 5H631H1TREETRIMMINGSRVCS:PW 1,750.00 1,750.00 MAINT 146356 O6/23/2011 000339 WEST PUBLISHING CORP 5/5-6/4 Jutlicial Uptlates: City Clerk 371.97 371.97 146357 O6/23/2011 006290 WOODCREST VEHICLE Install pre-emption:police 30075 CENTER Cityvehrepair&maintpolice 334.69 635.44 Grand total for UNION BANK OF CALIFORNIA: 3,344,076.36 Page:10 apChkLst Final CheckList Page: 77 06/23/2077 3:07:47PM CITYOFTEMECULA 757 checks in this report. Grand Total All Checks: 3,344,076.36 Page:11 apChkLst Final Check List Page: 1 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA Check# Date Vendor Description AmountPaid CheckTotal 1725 06/29/2011 011657 CALIF STATE OF PUBLIC annual req contribution 10/11 4Q236.00 4Q236.00 EMPLOYEE 1729 06/30/2011 014292 AMT CADC VENTURE, LLC MARC loan# 101325-001 Ashby USA 427,772.06 427,772.06 146355 06/30/2011 014157 ABOVE ALL ROOFWG Res Imprv Pgrm: Diaz 6,995.00 6,995.00 146359 06/30/2011 005065 ADKISSON, CANDICE reimb:Father's Day party 6/16 94.33 94.33 146360 06/30/2011 004502 ADLERHORST INTERNATIONAL Police K-9 equipment 309.94 309.94 INC 146361 06/30/2011 009374 ALLEGRO MUSICAL VENTURES pianotuning svcs: library 170.00 170.00 146362 06/30/2011 012943 ALPHAMECHANICALSERVICE hvacmaintenance:CRC 1,015.00 1,015.00 INC 146363 06/30/2011 004422 AMERICAN BATTERY signal battery supplies: PW Traffc 1,21525 1,21525 CORPORATION 146364 06/30/2011 014251 AMERICAN SOCIETY OF plumbing codes design handbook 57.00 57.00 PLUMBWG, ENGINEERS (ASPE) 146365 06/30/2011 005709 BAMM PROMOTIONAL SHIRTS: SUMMER DAY CAMP 2,15325 2,15325 PRODUCTS 146366 06/30/2011 010159 BANNER AMERICAN lamination supplies: Central Svcs 230.01 230.01 PRODUCTS 146367 06/30/2011 010506 BARNEYS TIRE AND WHEEL tire replacement: Stn S4 543.30 543.30 146365 06/30/2011 010354 BATTERIES PLUS #316 battery supplies: Theater 102.50 102.50 146369 06/30/2011 004040 BIG FOOT GRAPHICS TCSD instructor eamings 1,365.50 1,365.50 146370 06/30/2011 005716 BIRTH CHOICE OF TEMECULA Community Svc Grant Funding 10/11 1,350.00 1,350.00 INC 146371 06/30/2011 012553 BLANCAYPRICE 4/5-26 LNDSCP PW CKSVC:PLANNWG 7,140.00 7,140.00 146372 06/30/2011 OOS605 BONTERRA CONSULTING 4/S-5/13 CNSLT SVC: RRSP BASIN 905.00 905.00 Page:1 apChkLst Final Check List Page: 2 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146373 06/30/2011 014276 BUGARIN,CYNTHIA refundsecdep:deaning:crc 150.00 150.00 146374 06/30/2011 006905 C C& COMPANY INC summerconcerts 6/23 & 30 500.00 500.00 146375 06/30/2011 003135 CAL MAT PW patch truck matenals 506.14 PW patch truck matenals 403.62 PW patch truck matenals 513.56 PW patch truck matenals 753.21 2,506.53 146376 06/30/2011 012276 CAL PASEO DEL SOL LLC, C/O refund:applicant withdrew app:PA09-0209 3,373.50 3,373.50 NEWLAND COMMUNITIES 146377 06/30/2011 001159 CALIF DEPT OF JUSTICE May fngerpnnting svc: HR/PD 3,913.00 3,913.00 146375 06/30/2011 004245 CALIF DEPT OF MAY DUI & DRUG SCREENWGS: PD 1,330.00 1,330.00 J USTI CE-ACCT W G 146379 06/30/2011 004971 CANON FINANCIAL SERVICES, Jun copier leases: Library 2,536.52 2,536.52 INC 146350 06/30/2011 014255 CAUGHEY,JAMES refund:depmendezres:LD07-091GR 995.00 995.00 146351 06/30/2011 005417 CINTAS FIRST AID & SAFETY frst aid supplies: civic center 145.65 frst aid kit supplies: Library 150.01 frst aid kit supplies: MPSC 157.39 453.OS 146352 06/30/2011 000442 COMPUTER ALERT SYSTEMS elevator svc call: parking garage 150.00 elevator svc call: Fld Op Ctr/Maint Fac 150.00 300.00 146353 06/30/2011 002945 CONSOLIDATED ELECTRICAL electncal supplies: MPSC 103.24 103.24 DIST. 146354 06/30/2011 014279 COPPERHEAD CONSULTANTS, bundt cakes:sponsors 4th July 56.40 56.40 LLC 146355 06/30/2011 001264 COSTCO WHOLESALE MISC SUPPLIES: YAK PGRM 115.35 MISC SUPPLIES: THEATER HOSPITi SS.49 206.54 146356 06/30/2011 010650 CRAFTSMEN PLUMBING & plumbing repair: Stn S4 1,465.20 HVAC INC plumbing repair: Library 155.00 maint svcs: old town sound box 4,559.15 6,179.35 146357 06/30/2011 001393 DATATICKET,INC. Maycitationprocessing:police 1,450.45 1,450.45 1463SS 06/30/2011 014275 DAVENPORT, WALTER refund:parking citation #7565S:viol 30.00 30.00 Page2 apChkLst Final Check List Page: 3 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146359 06/30/2011 014156 DESERT MIST MECHANICAL, Res Imprv Pgrm: Sanchez 4,172.15 4,172.15 INC. 146390 06/30/2011 003945 DIAMOND ENVIRONMENTAL JUN RESTROOM SVC: GOHS 52.SS 52.SS SRVCS 146391 06/30/2011 014275 DUFF,ALLISON refund:secdep:cleaning:crc 150.00 150.00 146392 06/30/2011 002951 DYNA MED frst aid supplies: aquatics 417.00 417.00 146393 06/30/2011 011202 EMH SPORTS & FITNESS TCSD instructor eamings 434.00 INSTITUTE TCSD instructor eamings 1,41225 TCSD instructor eamings 504.00 TCSD instructor eamings 2,425.50 4,77575 146394 06/30/2011 005115 ENTERPRISE RENT A CAR INC van rental:teen camp excursion 122.55 122.55 146395 06/30/2011 014116 FIND IMPORT CORPORATION EOC supplies: Fire 472.25 472.25 146396 06/30/2011 011922 FIRST AMERICAN CORELOGIC May dbase subscr: code enf 15.00 15.00 INC 146397 06/30/2011 003347 FIRST BANKCARD CENTER 0093SS LETS GET PERSONAL AA hats City of Murrieta: Econ Dev 51.56 014253 EXPORT.GOV AA webinar regist: Adams, Aaron 255.00 014253 EXPORT.GOV AAwebinarregist: Damko, Chnstine 255.00 006952 PAYPAL AA regist 4Sth ann sm bus aw:AA/CD 50.00 OOS567 GODADDY.COMINC. AA5yrdomain:Temeculahealth.org 35.35 OOS669 VONS AArefreshments:webinartraining 6/2 15.53 7SS.44 146395 06/30/2011 000350 FIRST STUDENT CHARTER transportation:day camp 6/16 445.62 445.62 146399 06/30/2011 014256 FOREST CITY DEVELOPMENT refund:dep prom mall e�:LD07-012GR 995.00 995.00 146400 06/30/2011 003946 G T ENTERTAINMENT ENTERTAINMENT: LUAU 6/6 300.00 300.00 146401 06/30/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Spotlight at the Merc 6/24 175.50 sttlmnt: Country at the Merc 6/25 456.00 sttlmnt: Country at the Merc 6/1S 795.50 1,460.00 Page:3 apChkLst Final Check List Page: 4 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146402 06/30/2011 009605 GOLDEN VALLEY MUSIC stllmnt: Classics atthe Merc Jun'11 1,065.90 1,065.90 SOCIETY 146403 06/30/2011 014173 GOLDSTARASPHALT LineLazerSpray Rig: PW Maint 5,950.16 5,950.16 PRODUCTS 146404 06/30/2011 014250 GONZALES, CORRINE refund:fee removed electnca1:B10-1495 76.50 76.50 146405 06/30/2011 0142SS GRAHOVAC CONSTRUCTION refund:depwells fargo bk:LD06-039GR 900.00 900.00 CQ INC 146406 06/30/2011 003792 GRAWGER Emergency Equip: Citizen Corps 2,452.60 2,452.60 146407 06/30/2011 006250 HAZ MAT TRANS INC hazardous waste disposal: PW 1,233.96 1,233.96 146405 06/30/2011 001135 HEALTHPOINTE MEDICAL emp industrial care svcs: HR 530.00 530.00 GROUP INC 146409 06/30/2011 012204 HERITAGE FAMILY MINISTRIES TCSD Instrudor Eamings 4,550.00 4,550.00 146410 06/30/2011 004511 HEWLETT PACKARD (25) HP computers: info tech 19,S41.S7 HP Elitebook laptop: Police 3,035.03 (3) HP computers: library 2,574.30 HP laptop: info tech 2,22327 27,677.47 146411 06/30/2011 003195 HOME DEPOT, THE MISC TOOLS/EQUIP: TCC/THEATER 466.59 hardware supplies:TCSD spcl ev 4.65 471.54 146412 06/30/2011 010530 I P C INDUSTRIES INC golf cart rentals: special events 320.51 320.51 146413 06/30/2011 001123 INDUSTRIAL DISTRIBUTION MAINT SUPPLIES: PW MAINT 121.57 121.57 GROUP 146414 06/30/2011 006914 INNOVATIVEDOCUMENT Maycopiermaint/usage:citywide 9,50622 SOLUTIONS May copier maint/usage: Library 1,499.34 copier supplies: Central Svcs 771.04 copier supplies: Central Svcs 27720 12,053.50 146415 06/30/2011 012255 JOHNSTONESUPPLY misctools/equip:FldOpCtr 25.00 25.00 146416 06/30/2011 OOOS20 K R W& ASSOCIATES May-Jun eng pinck:PW Land Dev 2,200.00 2,200.00 146417 06/30/2011 014252 KATZ, HOWARD L refundsec dep:alcohol:TCC 400.00 400.00 Page:4 apChkLst Final Check List Page: 5 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146415 06/30/2011 014166 KEYSTONE ENTERPRISES concrete cutting:loma linda park 2,194.94 PCC, INC. concrete cutting: pala park 12,351.19 14,546.13 146419 06/30/2011 014095 KNITTERCONTRACTWG,INC. ReslmprvPrgm:O'Bnen 9,570.09 billing adj: invoice exceeds contract -550.09 5,990.00 146420 06/30/2011 004947 KOSS INTERNATIONAL CORP. CHALK:STREET PAINTWG FESTIVAL 1,416.49 1,416.49 146421 06/30/2011 0071SS LAERDAL MEDICAL CORP. CPR/AED supplies: Paramedics 4,064.45 CPR/AED supplies: Paramedics 32625 4,39073 146422 06/30/2011 014257 LENNARHOMES refund:deptractmap30264:LD06-103GR 995.00 995.00 146423 06/30/2011 004905 LIEBERT, CASSIDY & May HR legal svcs for TE060-01 135.00 135.00 WHITMORE 146424 06/30/2011 003726 LIFEASSISTINC MEDICALSUPPLIES:PARAMEDICS 2,19522 MEDICAL SUPPLIES: PARAMEDICS 12.64 2,210.56 146425 06/30/2011 002634 LITELINES INC Old Town light pole: PW Maint 3,962.35 3,962.35 146426 06/30/2011 013952 M C I COMM SERVICE Jun �oc-0346 general usage 29.95 Jun �oc-0714 pd mall alarrn 30.92 60.90 146427 06/30/2011 013656 M T I TECH PRODUCTS INC toner cartndges: info tech 2,677.54 2,677.54 146425 06/30/2011 004141 MAINTEXINC Cleaning&maintsupplies:library 15.71 15.71 146429 06/30/2011 004307 MARINE BIOCHEMISTS Jun watermaint srvcs:Harv/Duck Pond 3,900.00 3,900.00 146430 06/30/2011 005690 MICHELLE'S PLACE WOMENS FY 10/11 Council CSF grant 1,000.00 1,000.00 BREAST 146431 06/30/2011 001592 MOBILEMODULAR credit:secuntydeposit/pujolstreet -0,000.00 10/5-11/6 MODULAR RENTAL:PUJOL 4,599.46 599.46 146432 06/30/2011 002925 NAPA AUTO PARTS Veh repair & maint: Sta S4 6.39 Veh repair & maint: Sta S4 357.79 394.15 146433 06/30/2011 013557 NAVAL SURFACE WARFARE Night Vision Equipment: Police 600.00 600.00 CENTER 146434 06/30/2011 014290 OAK TREE IAM, INC refund:dep star wodd dr:LD06-096GR 995.00 995.00 146435 06/30/2011 006721 OFFICEMAXINCORPORATED Librarycards:library 3,15375 3,15375 Page:5 apChkLst Final Check List Page: 6 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146436 06/30/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 442.47 442.47 146437 06/30/2011 001171 ORIENTAL TRADING COMPANY Misc supplies: film & concert senes 3S2.S0 INC Misc. supplies:FAM 203.30 556.10 146435 06/30/2011 012100 OUR NICHOLAS FOUNDATION FY 10/11 Council CSF grant 1,350.00 1,350.00 146439 06/30/2011 006605 PACIFICGULFPROPERTIES refund:depthefountains:LD99-091GR 995.00 995.00 INC. 146440 06/30/2011 000472 PARADISE CHEVROLET Vehicle repair: Medics 35.20 35.20 CADI LLAC 146441 06/30/2011 012533 PC MALL GOV, INQ (2) laptops: library 3,33973 Misc computer supplies:info tech 30.40 3,370.13 146442 06/30/2011 000249 PETTY CASH Petty Cash Reimbursement 941.55 941.55 146443 06/30/2011 010335 POOL & ELECTRICAL Misc pool supplies:aquatics pgrrn 472.29 472.29 PRODUCTSINC 146444 06/30/2011 005075 PRUDENTIAL OVERALL MAY FLR MATS/TOWEL 636.16 636.16 SUPPLY RENTALS:CIVIC CENTER 146445 06/30/2011 004519 PYRO SPECTACULARS INC FIREWORKS DISPLAY:JULY4TH 17,250.00 17,250.00 EVENT 146446 06/30/2011 006735 RANCHO COMMUNITY refund:dep rancho comm 200.00 200.00 CHURCH chrch:LD9S-OSOGR 146447 06/30/2011 007122 REDHAWKCOMMUNTIES,INC. refund:depphswarehouse:LD07-OOSGR 995.00 995.00 146445 06/30/2011 004554 REGENCY LIGHTING Misc electrical supplies:civic center 190.66 Electncal supplies:library/old town 467.52 65S.4S 146449 06/30/2011 003591 RENES COMMERCIAL Mowing srvcs:city properties 2,500.00 2,500.00 MANAGEMENT 146450 06/30/2011 002110 RENTAL SERVICE Equipment rental:PW Maint 31.54 CORPORATION Equipment rental:PW Maint 37.92 Equipment rental:PW Maint 44.73 Equipment rental:PW Maint 39.72 Equipment rental:PW Maint 42.93 197.14 146451 06/30/2011 005507 RESOURCE STRATEGIES INC 2011 Aenal imagery:GlS S,4S2.50 S,4S2.50 Page:6 apChkLst Final Check List Page: 7 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146452 06/30/2011 014277 RHODES,REINA refund:enrollment:toddlerswim 36.00 refund:enrollment:swim lessons:crc poi 36.00 72.00 146453 06/30/2011 002412 RICHARDS WATSON & Apr2011 legal services 201,23S.S3 201,23S.S3 GERSHON 146454 06/30/2011 000353 RIVERSIDE CO AUDITOR May'11 parking citation assessments 6,613.67 6,613.67 146455 06/30/2011 000415 RIVERSIDE CO CLERK & Ntc Deterrnination fling fee:MC Title 17 64.00 64.00 RECORDER 146456 06/30/2011 014027 RIVERSIDE CO ECO DEV Jan-Jun'11 staffng: Temecula Library 53,720.00 53,720.00 AGENCY 146457 06/30/2011 000406 RIVERSIDE CO SHERIFFS 5/21-22 patrol srvcs: Westem Days 2,571.40 2,571.40 DEPT 146455 06/30/2011 001365 RIVERSIDE COUNTY OF Jan-Mar'11 vedorcontrol srvcs 2,656.07 2,656.07 146459 06/30/2011 OOOS73 ROBERTS, RONALD H. reimb: APTA Cf Boston 6/12-17 535.35 reimb: NLC cf Kansas City 6/2-4 61.00 596.35 146460 06/30/2011 000277 S& S ARTS & CRAFTS INC Misc supplies: film & concert senes 602.11 Misc supplies: flm & concert senes 294.25 596.39 146461 06/30/2011 005329 SAFE ALTERNATIVE FOR FY 10/11 Council CSF grant 500.00 500.00 EVERYONE 146462 06/30/2011 009213 SHERRY BERRY MUSIC Jazz @ the Merc 6/23/11 441.00 441.00 146463 06/30/2011 009746 SIGNS BY TOMORROW Public ntc pstg srvc �oc-0100:PIanning 145.50 Public ntc pstg srvc �oc-0010:PIanning 297.00 Public ntc pstg srvc �oc-0105:PIanning 145.50 Public ntc pstg srvc �oc-0107:PIanning 145.50 Public ntc pstg srvc �oc-0116:PIanning 145.50 Public ntc pstg srvc �oc-0117:PIanning 145.50 Public ntc pstg srvc �oc-0120:PIanning 145.50 Public ntc pstg srvc �oc-0309:PIanning 109.30 Public ntc pstg srvc �oc-0213:PIanning 297.00 Public ntc pstg srvc �oc-0110:PIanning 145.50 Public ntc pstg srvc �oc-0112:PIanning 145.50 Public ntc pstg srvc �oc-0067:PIanning 145.50 Public ntc pstg srvc �oc-0115:PIanning 145.50 Publicntcpstgsrvc�oc-0122:PIanning 145.50 2,336.50 146464 06/30/2011 000645 SMART & FINAL INC MISC SUPPLIES:FAM 6/27 95.17 95.17 Page:7 apChkLst Final Check List Page: 8 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146465 06/30/2011 000537 SO CALIF EDISON Jun 2-29-223-5607 Old Town 471.54 Jun 2-15-937-3152 T. Museum 754.35 Jun 2-14-204-1615 Front St radio 3S.1S Jun 2-19-171-S56S T. Museum 71.39 Jun 2-02-351-4946 MPSC 1,70225 Jun 2-20-517-9929 Police O.T. Stn 32.15 Jun 2-29-455-7545 vanous mtrs 214.97 Jun 2-25-393-0651 TES Pool 770.66 Jun 2-29-657-2332 45535 Redwood pe 21.96 Jun 2-29-953-SOS2 Wolf Vly Rd 25.92 Jun 2-29-953-5249 Wolf Creek Dr ped 21.95 Jun 2-29-953-5447 Wolf Vly Rd ped 21.96 Jun 2-31-419-2573 Hwy 395 22.57 Jun 2-31-252-0665 Diaz Rd ped 26.04 Jun 2-31-031-2616 Diaz Rd ped 21.41 Jun 2-29-657-2757 Wnchstr Rd 23.40 Jun 2-27-371-5494 offsite rcrds storagf 31.04 Jun 2-31-536-3226 Mercedes St 1,315.05 Jun 2-00-397-5042 43200 BusPrk Dr 1,559.63 Jun 2-32-903-5293 Civic Center 17,553.00 Jun 2-31-912-7494 Prkg Garage 424.73 Jun 2-30-220-5749 Wolf Crk Dr 452.66 Jun 2-29-507-1093 Irrigation pump 1.12 Jun 2-29-507-1226 Irrigation mtr 1.12 Jun 2-31-536-3451 Main Street 206.94 Jun 2-31-536-3655 Main Street 1,304.70 Jun 2-21-951-4720 Temecula Pkwy 34.22 Jun 2-30-520-4414 vanous mtrs 522.93 Jun 2-25-904-7706 vanous mtrs 145.12 Jun 2-29-224-0173 Fire Stns 944.57 Jun 2-29-295-3510 Wolf Vly Rd 1,404.02 3Q23521 146466 06/30/2011 001212 SO CALIF GAS COMPANY Jun 101 525 1560 6 Stn 73 7425 Jun 095 167 7907 2 Stn S4 176.42 Jun 091 024 9300 5 CRC 1,40775 Jun 1S1 3S3 SSS1 6 T. Museum 25.02 Jun 129 535 4236 7 Civic Center 921.32 Jun 021 725 0775 4 MPSC 109.15 Jun 026 671 2909 S Theater 53.65 Jun 125 244 2105 3 library 36.69 Jun 129 5S2 9754 3 FOC 14S.S3 May 133 040 7373 0 Maint Fac 2.77 Jun 101 525 0950 0 TCC 3229 2,991.17 146467 06/30/2011 000519 SOUTH COUNTY PEST Pest control srvcs:civic center 94.00 94.00 CONTROLINC Page:S apChkLst Final Check List Page: 9 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146465 06/30/2011 004252 SOUTHWESTTRAFFIC Lightbarpurch&install:pwtraffic 2,365.16 2,365.16 SYSTEMS 146469 06/30/2011 002366 STEAM SUPERIOR CARPET 6/12-17 carpet cleaning srvcs: foc 300.00 300.00 CLEANWG 146470 06/30/2011 001505 STEFFEN, SUE Reimb:office supplies/city mgr ofc 153.36 153.36 146471 06/30/2011 013331 STUDENT OF THE MONTH FY 10/11 Council CSF grant 500.00 500.00 PRGM, INC 146472 06/30/2011 007695 SWANK MOTIONS PICTURES, Movie rental: Movies in the Park 6/24 421.00 421.00 INC. 146473 06/30/2011 000305 TARGET BANK BUS CARD Misc supplies:FAM 6/27 290.01 SRVCS MISC SUPPLIES:CHILDRENS MUSEI 130.90 MISC SUPPLIES:CHILDRENS MUSEI 209.54 Misc supplies:Family Fun Nights 17.40 Misc supplies:FAM 6/27 57.35 705.20 146474 06/30/2011 012265 TEMECULA ACE HARDWARE hardware supplies:var park sites 22.96 C/O hardware supplies:var park sites 10.75 hardware supplies:var park sites 24.13 57.57 146475 06/30/2011 003677 TEMECULA MOTORSPORTS MOTORCYCLE REPAIR & MAINT: 534.99 LLC POLICE MOTORCYCLE REPAIR & MAINT: PC 51779 1,35275 146476 06/30/2011 010S4S TEMECULA PLANTSCAPE Jun lease intenor plantscape:library 200.00 Jun intenor plantscape srvcs:civic 525.00 725.00 146477 06/30/2011 006305 TEMECULA SISTER CITY ASSN FY 10/11 Sponsorship 7,500.00 7,500.00 146475 06/30/2011 011736 TEMECULA TROPHY INC Name/Title Plates: I.T./TCSD/PW 139.69 Clock: Theater 522.00 Plaques/Ribbons: Western Days 111.20 772.59 146479 06/30/2011 000306 TEMECULA VALLEY PIPE & Irrigation/plumbing supplies:var parks 111.61 SUPPLY Plumbing supplies:var park sites 57.26 16S.S7 146450 06/30/2011 003562 THYSSENKRUPP Firesafetyelevatortest:PrkgGarage 594.00 ELEVATOR.BRNCH 37 inspection srvcs: Theater 5/19/11 247.50 541.50 146451 06/30/2011 010276 TIME WARNER CABLE Jul high speed intemet civic center 4,253.31 Jul high speed intemet mpsc 44.95 4,325.26 Page:9 apChkLst Final Check List Page: 10 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146452 06/30/2011 000665 TIMMY D PRODUCTIONS INC Sound tech srvcs:Jun summer concerts 2,250.00 Sound tech srvcs:Jun movies in park 3,762.00 SOUND TECHNICIAN:4TH OF JULY 19,500.00 25,512.00 146453 06/30/2011 001561 U S A MOBILITY WIRELESS INC Jun paging/rental svcs:PW/TCSD 95.11 95.11 146454 06/30/2011 012549 UPODIUM Veh maint: Sta S4 156.32 156.32 146455 06/30/2011 014259 URBON ARCHITECTURE refund:depwells fargo bk:LD06-039GR 95.00 95.00 146456 06/30/2011 OOS977 VALLEY EVENTS INC EQUIP RENTALS:F/D DATE NIGHT 5/20 2,570.50 2,570.50 146457 06/30/2011 004261 VERIZON Jun �ooc-2016 reverse 911 121.77 Jun �ooc-5706 Field OPS Cntr 147.55 Jun �ooc-2676 general usage 36.59 Jun �ooc-5696 Sports Complex 36.59 Jun �ooc-3526 fre alarrn 110.65 Jun �ooc-5275 PD DSL 35.06 491.57 1464SS 06/30/2011 004759 VERIZON ONLINE Jun intemet svcs: library 150.09 Jun intemet svcs:Tem PD DSL 55.09 235.15 146459 06/30/2011 013647 VICAROPERATWG, INC. Vetennarysrvcs: Police K-9 Unit 4SS.60 4SS.60 146490 06/30/2011 014291 VINEYARD CUSTOM HOMES, refund:dep parcel map 995.00 995.00 LLC 30169: LD06-09SGR 146491 06/30/2011 009101 VISION ONE INC APR SHOWARE TICKETWG SRVCS: 1,774.40 THEATER credit:billing adjustment/theater -524.40 MARSHOWARETICKETWGSRVCS 1,066.60 MAYSHOWARETICKETWGSRVCS'. 95020 2,966.50 146492 06/30/2011 001342 WAXIE SANITARY SUPPLY INC Miscjanitorial supplies:crc/parks 954.77 Miscjanitorialsupplies:library/parks 6SS27 1,643.04 146493 06/30/2011 003730 WEST COAST ARBORISTS INC Tree tnmming srvcs: woodcrest 2,967.50 5/16-31 tree maint srvcs: parks/mediar 11,346.50 14,314.00 146494 06/30/2011 000621 WESTERN RIVERSIDE FY 10/11 Council CSF grant 1,500.00 1,500.00 COUNCIL OF 146495 06/30/2011 OOS402 WESTERN RIVERSIDE May'11 MSHCP payment 34,SS4.00 34,SS4.00 COUNTY 146496 06/30/2011 013522 WILLIAMLYONHOMES refund:deptractmap32170:LD05-130GR 995.00 995.00 Page:10 apChkLst Final Check List Page: 11 06/30/2011 1:42:01PM CITY OF TEMECULA Bank: unionUNIONBANKOFCALIFORNIA (Continued) Check# Date Vendor Description AmountPaid CheckTotal 146497 06/30/2011 003776 ZOLL MEDICAL CORPORATION Medical supplies: Medics 2,320.35 Medical supplies: Medics 3,479.15 Paramedic monitors: Medics 22,626.96 Equipment supplies: Medics 1,305.00 29,731.52 Grand total for UNION BANK OF CALIFORNIA: 1,153,05023 Page:11 apChkLst Final Check List Page: 12 06/30/2011 1:42:01PM CITY OF TEMECULA 142 checks in this report. Grand Total All Checks: 1,153,05023 Page:12 Item No. 4 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 12, 2011 SUBJECT: City Treasurer's Report as of May 31, 2011 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of May 31, 2011. 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 May 31, 2011. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of May 31, 2011 � .- _—__-_.,.`\ . , City of TemeCUlfl Cityof Temecula, California aazooe��n�Parkon�a � �� / `I PortfolioMana ement Po.eoz9oaa "'^�^` i g Temecule, CA 92590 � ,�� Portfolio Summary (9si>s9a�aao �'--- _ � May 31, 2011 Par MarkM 600k %oi �aysto YTM YTM Invesimenis Value Value Value PorXOlio Term Maturiy ]WEquiv. ]fi5Equiv. Man�e4PoolAOoowts Bq8]$H9�b8 B�,B]H,H9�b8 Bq8]$H9�b8 6�H6 1 1 �2H1 �2H6 ��ieraicreaii i.00 i.00 i.00 o.00 i i o.000 o.000 �ooaiqqercytrNenmemwnas ea,eia,nozo ea,ea�,e¢au� ea,eia,nozo aaea i i oam oaia FeauaiqqPnoycaiianieseouriaes ie,00q000.00 ie,2ae,rto.00 ie,00q000.00 ia�e i,a�e eei ieee is2i Fedual/AqPnoyBUlletSeowities lq��q��.�� 1q2�$]6�.�� 13,9Hq9�.�� 961 1,�91 62� 91� 2139 168,593,Ofi1.]fi 10.9,11q506.09 168,5T/,91.]fi 100.00% 280 1fi] 0]Ofi 0.]1fi Invesimenis Cash Passbook/GM1eokifg 1,338,866H9 1,338,866H9 1,338,866H9 1 1 �.�� .�� (notlrclud 1lnyleldoaloulatioms� TotalCashantllnvesimenis �yg�gpg��.fi5 150,651,159.98 169,913,92Zfi5 280 1fi] 0]Ofi 0.]1fi TotalEarnings May31 MonihEntling FiscalVearTO�ate Curren[ Veer 95,22522 1, V2,854 ]4 Average�ailyBalance 13Q898,388.6fi 135,616,323.fi1 Eflective Rate ot Return 0.81 % 0.96% Repotling periotl 05/01/2011-05i31/2011 Portlolio TEME CP a�� oaia aazywn -iam Pm IPaFymi Isvmvrev�e az aeFOnver.saa City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments May 31, 2011 Average Purchase Stated VTM VTM Daysto Maturity CUSIP Investment# Issuer Balance Date ParValue MarketValue BookValue Rate 360 365 Maturity Date Managed PoolAccounts 1 2221 60 03-2 CIN COP RE2 ASSURED GUARANN 1.00 1.00 1.00 1.000 0.966 1.000 1 104346006-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104346006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104346016-3 01-2 RE5B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104346000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 946699213 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 946699023 03-1 BOND3 FirstAmerican Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 946699063 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAXI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2ACQ2 FirstAmericanTreasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RE53 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94666001-2 03-4ADMIN2 FirstAmericanTreasury 0.00 0.00 0.00 0.000 0.000 1 94666005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94666000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94666006-2 03-4 RE52 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 766776002-2 03-6BOND2 FirstAmericanTreasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 766776007-2 03-61MP2 FirstAmericanTreasury 0.00 0.00 0.00 0.000 0.000 1 766776006-2 03-6 RE52 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 766776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95 453 51 0-2 BB-12 BOND2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95 453 51 6-4 BB-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 60 03-4 CIN COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 1 2221 60 0 6-3 CINCOPCIP2 FirstAmericanTreasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 1 2221 60 0 0-2 CIN COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA021NT1 FirstAmericanTreasury 0.00 0.00 0.00 0.000 0.000 1 9 4 43 41 61-2 RDA02PRIN2 FirstAmericanTreasury 0.00 0.00 0.00 0.000 0.000 1 PorNollo TEME CP Run Date_ 06/23/2011 -10 01 PM (PRF_PM2) SymRept 6 42 Report Ver_ 5 00 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments May 31, 2011 Average Purchase Stated VTM VTM Daysto Maturity CUSIP Investment# Issuer Balance Date ParValue MarketValue BookValue Rate 360 365 Maturity Date Managed PoolAccounts 107666006-2 RDA06CIPA2 FirstAmericanTreasury 0.00 0.00 0.00 0.000 0.000 1 107666001 RDA06PRIN FirstAmericanTreasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107666000-2 RDA 06A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666016-3 RDAO6BCIP3 FirstAmericanTreasury 66,165.37 66,165.37 66,165.37 0.000 0.000 1 107666010-2 RDA 06B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107666016-2 RDA06BRE52 FirstAmericanTreasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107666030-2 RDA07CAPI2 FirstAmericanTreasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107666027-2 RDA 07 ESC2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107666020-2 RDA071NT2 FirstAmericanTreasury 0.00 0.00 0.00 0.000 0.000 1 107666026-2 RDA07PROJ2 FirstAmericanTreasury 246,913.54 246,913.54 246,913.54 0.000 0.000 1 107666026-2 RDA 07 RE52 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDAIOACIP2 RDAIOACIP2 FirstAmericanTreasury 07/01/2010 19,394.96 19,394.96 1Q394.96 0.000 0.000 1 136343016-2 RDA 10B CIP2 First American Treasury 07/01/2010 2,531.10 2,531.10 2,531.10 0.000 0.000 1 136343000-1 RDA10B-INT1 FirstAmericanTreasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 104346006-5 01-2 RESA11 Federated Tae Free Obligations 03/31/2011 44Q647.67 44Q647.67 44Q647.67 0.090 0.069 0.090 1 104346016-5 01-2 RE5B11 Federated Tae Free Obligations 03/31/2011 202,940.63 202,940.63 202,940.63 0.090 0.069 0.090 1 104346000-5 01-2 SPTAXII Federated Tae Free Obligations 03/31/2011 269,505.19 269,505.19 26Q505.19 0.090 0.069 0.090 1 946699215 03-01 ACQ11 Federated Tae Free Obligations 03/31/2011 15,119.73 15,119.73 15,119.73 0.090 0.069 0.090 1 946699115 03-01 ACQA11 Federated Tae Free Obligations 03/31/2011 7675 7675 7675 0.090 0.069 0.090 1 946699065 03-01 RESA11 Federated Tae Free Obligations 03/31/2011 664,603.15 664,603.15 664,603.15 0.090 0.069 0.090 1 946699165 03-01RE5B11 FederatedTaeFreeObligations 03/31/2011 223,183.06 223,183.06 223,163.06 0.090 0.069 0.090 1 946690005 03-015PTAX11 Federated Tae Free Obligations 03/31/2011 266,459.59 266,459.59 266,459.59 0.090 0.069 0.090 1 766776006-5 03-06 RE511 Federated Tae Free Obligations 03/31/2011 336,22623 336,22623 336,22623 0.090 0.069 0.090 1 766776000-5 03-O65PTAX11 Federated Tae Free Obligations 03/31/2011 75,571.46 75,571.46 75,571.46 0.090 0.069 0.090 1 793593011-5 03-2 ACQ11 Federated Tae Free Obligations 03/31/2011 75,450.45 75,450.45 75,450.45 0.090 0.069 0.090 1 793593009-5 03-2 EMW D11 Federated Tae Free Obligations 03/31/2011 5,166.62 5,166.62 5,166.62 0.090 0.069 0.090 1 793593016-5 03-2 LOC11 Federated Tae Free Obligations 03/31/2011 1,243,49079 1,243,49079 1,243,49079 0.090 0.069 0.090 1 793593010-5 03-2 PWADMII Federated Tae Free Obligations 03/31/2011 4,175.65 4,175.65 4,175.65 0.090 0.069 0.090 1 793593006-5 03-2 RE511 Federated Tae Free Obligations 03/31/2011 367.97 367.97 367.97 0.090 0.069 0.090 1 793593007-5 03-2-IMPR11 Federated Tae Free Obligations 03/31/2011 1,143.43 1,143.43 1,143.43 0.090 0.069 0.090 1 744727006-5 03-3 RE511 Federated Tae Free Obligations 03/31/2011 2,173,369.77 2,173,369.77 2,173,369.77 0.090 0.069 0.090 1 744727011-5 03-3ACQ11 Federated Tae Free Obligations 03/31/2011 67,916.46 67,916.46 67,916.46 0.090 0.069 0.090 1 946660015 03-4ADMINII FederatedTaeFreeObligations 03/31/2011 14,962.99 14,962.99 14,962.99 0.090 0.069 0.090 1 946660055 03-4 PREP11 Federated Tae Free Obligations 03/31/2011 4,076.09 4,076.09 4,076.09 0.090 0.069 0.090 1 946660005 03-4 RED11 Federated Tae Free Obligations 03/31/2011 36,421.07 36,421.07 36,421.07 0.090 0.069 0.090 1 946660065 03-4 RE511 Federated Tae Free Obligations 03/31/2011 96,566.34 96,566.34 96,566.34 0.090 0.069 0.090 1 744727000-5 03-SSPTAXII Federated Tae Free Obligations 03/31/2011 60Q626.54 60Q626.54 60Q626.54 0.090 0.069 0.090 1 PorNollo TEME CP Run Date_ 06/23/2011 -10 01 PM (PRF_PM2) SymRept 6 42 City of Temecula, California Portfolio Management Page4 Portfolio Details - Investments May 31, 2011 Average Purchase Stated VTM VTM Daysto Maturity CUSIP Investment# Issuer Balance Date ParValue MarketValue BookValue Rate 360 365 Maturity Date Managed PoolAccounts 1 4 61 61 0 0 6-5 RDA 11 D511 Federated Tae Free Obligations 03/04/2011 1,306,06725 1,306,06725 1,306,06725 0.090 0.069 0.090 1 1 4 61 61 0 0 6-5 RDA 11ACIP11 Federated Tae Free Obligations 03/04/2011 14,969,055.67 14,969,055.67 14,96Q055.67 0.090 0.069 0.090 1 1 4 61 61 0 0 9-5 RDA 11AC0111 Federated Tae Free Obligations 03/04/2011 16,012.65 16,012.65 16,012.65 0.090 0.069 0.090 1 94432363 02001 FinancialSecurityAssurance 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 2Q054,052.32 2Q054,052.32 29,054,052.32 0.413 0.407 0.413 1 793593009-1 03-2-1EMWD CALocalAgencylnvestmentFun 1,566,169.66 1,566,169.66 1,566,169.66 0.413 0.407 0.413 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.413 0.407 0.413 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 309,250.57 309,250.57 30Q250.57 0.413 0.407 0.413 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,617,64127 3,617,64127 3,617,64127 0.413 0.407 0.413 1 1 2221 60 0 6 CIN COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.413 0.407 0.413 1 1 2221 60 03-1 CIN COP RE1 CA Local Agency Investment Fun 793,737.32 793,737.32 793,737.32 0.413 0.407 0.413 1 107666006-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.413 0.407 0.413 1 10766601 B-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.413 0.407 0.413 1 107666030-1 RDA 07 CAP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.413 0.407 0.413 1 107666027-1 RDA 07 ESC-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.413 0.407 0.413 1 107666026-1 RDA 07 PRO-1 CA Local Agency Investment Fun 312,94225 312,94225 312,94225 0.413 0.407 0.413 1 107666026-1 RDA07RE5-1 CALocalAgencylnvestmentFun 1,107,572.05 1,107,572.05 1,107,572.05 0.413 0.407 0.413 1 107666006 RDA06RESA MBIASuretyBond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDATABsRES MBIASuretyBond 1.00 1.00 1.00 0.000 0.000 1 SY595453516-1 95453516-1 USBANK 07/01/2010 0.00 0.00 0.00 0.00 0.00 1 Subtotal and Average 60,687,736.56 60,678,890.56 60,678,890.56 60,678,890.56 0.281 0285 1 Letter of Credit 104346006-1 02006 ASSURANCE CO BOND INSURANCE 07/01/2010 1.00 1.00 1.00 0.00 0.000 1 Subtotal and Average 1.00 1.00 1.00 1.00 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 412,21526 412,21526 412,21526 0.413 0.407 0.413 1 94669921-1 03-1ACQB2 CALocalAgencylnvestmentFun 3,695,109.67 3,695,109.67 3,695,109.67 0.413 0.407 0.413 1 744727011-1 03-3 ACQ2 CA Local Agency Investment Fun 93Q055.31 93Q055.31 93Q055.31 0.413 0.407 0.413 1 744727007-1 03-3 CIN 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.413 0.407 0.413 1 766776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.413 0.407 0.413 1 SYSCIN CIN CA Local Agency Investment Fun 14,246,467.39 14,266,451.16 14,246,467.39 0.413 0.407 0.413 1 SYSRDA RDA CALocalAgencylnvestmentFun 15,751,216.67 15,771,099.35 15,751,216.67 0.413 0.407 0.413 1 SYSRDA10D52 RDA10D52 CALocalAgencylnvestmentFun 1,27Q761A2 1,27Q761A2 1,27Q761A2 0.413 0.407 0.413 1 SYSRDA 10A CIP1 RDA 10A CIP1 CA Local Agency Investment Fun 546.61 546.61 546.61 0.413 0.407 0.413 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,039,579.63 6,039,579.63 6,03Q579.63 0.413 0.407 0.413 1 SYSTCSD TCSD CA Local Agency Investment Fun 12,366,213.64 12,361,621.92 12,366,213.64 0.413 0.407 0.413 1 PorNollo TEME CP Run Date_ 06/23/2011 -10 01 PM (PRF_PM2) SymRept 6 42 City of Temecula, California Portfolio Management Page 5 Portfolio Details - Investments May 31, 2011 Average Purchase Stated VTM VTM Daysto Maturity CUSIP Investment# Issuer Balance Date ParValue MarketValue BookValue Rate 360 365 Maturity Date Subtotal and Average 42,220,621.81 54,914,17020 54,967,642.53 54,914,17020 0.407 0.413 1 Federal Agency Callable Securities 31331J2P7 01156 Federal Farm CreditBank 11/17/2010 1,OOQ000.00 1,001,150.00 1,OOQ000.00 1250 1233 1250 1,265 11/17/2014 31331J4T7 01159 Federal Farm CreditBank 12/16/2010 1,OOQ000.00 1,003,900.00 1,OOQ000.00 1.350 1.332 1.350 929 12/16/2013 3133XVF63 01147 Federal Home Loan Bank 10/26/2009 1,OOQ000.00 1,007,950.00 1,OOQ000.00 2.100 2.071 2.100 695 04/26/2013 3133724V3 01156 Federal Home Loan Bank 12/30/2010 1,OOQ000.00 1,003,630.00 1,OOQ000.00 1.125 1.110 1.125 943 12/30/2013 313372NX6 01165 Federal Home Loan Bank 02/26/2011 1,OOQ000.00 1,012,930.00 1,OOQ000.00 2.000 1.973 2.000 1,276 11/26/2014 313372VP6 01167 Federal Home Loan Bank 03/23/2011 1,OOQ000.00 1,007,600.00 1,OOQ000.00 1250 1233 1250 936 12/23/2013 3134G1Y65 01162 Federal Home Loan Mtg Corp 01/25/2011 1,OOQ000.00 1,011,000.00 1,OOQ000.00 1.500 1.479 1.500 1,150 07/25/2014 3134G1Y99 01163 Federal Home Loan Mtg Corp 02/OB/2011 1,OOQ000.00 1,007,640.00 1,OOQ000.00 1.650 1827 1.650 1,164 OB/OB/2014 3136F9CB7 01066 Federal National Mtg Assn 03/11/2006 2,OOQ000.00 2,125,640.00 2,OOQ000.00 4.000 3.945 4.000 649 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2006 1,OOQ000.00 1,064,270.00 1,OOQ000.00 4.000 3.945 4.000 665 03/27/2013 31396AYN6 01134 Federal National Mtg Assn 07/26/2009 1,OOQ000.00 1,003,550.00 1,OOQ000.00 3.000 2.959 3.000 1,153 07/26/2014 3136FJNN7 01146 FederalNationalMtgAssn 11/16/2009 1,OOQ000.00 1,006,690.00 1,OOQ000.00 2.000 1.973 2.000 1,266 11/16/2014 3136FPNT0 01153 Federal National Mtg Assn 10/16/2010 1,OOQ000.00 1,OOQ720.00 1,OOQ000.00 OB25 0.616 OB25 670 10/16/2013 3136FPPR2 01154 Federal National Mtg Assn 10/14/2010 1,OOQ000.00 1,OOQ050.00 1,OOQ000.00 1.150 1.134 1.150 1,046 04/14/2014 3136FPQV2 01155 FederalNationalMtgAssn 10/26/2010 1,OOQ000.00 1,OOQ190.00 1,OOQ000.00 1.000 1.601 1823 972 01/26/2014 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,OOQ000.00 995,900.00 1,OOQ000.00 1.125 1.110 1.125 1,261 12/03/2014 31396A7A4 01160 Federal National Mtg Assn 12/30/2010 1,OOQ000.00 1,005,000.00 1,OOQ000.00 1.300 1262 1.300 943 12/30/2013 31396A7L0 01161 Federal National M Assn 01/24/2011 1,OOQ000.00 1,006,610.00 1,OOQ000.00 1.450 1.43 1.45 966 01/24/2014 Subtotal and Average 19,000,000.00 19,000,000.00 19,265,220.00 19,000,000.00 1.895 1.921 991 Federal Agency Bullet Securities 31331Y3P3 01105 Federal Farm CreditBank 07/15/2006 1,OOQ000.00 1,011,410.00 996,140.00 3.500 3.514 3.563 124 10/03/2011 31331Y3N6 01111 Federal Farm Credit Bank 07/30/2006 1,OOQ000.00 1,004,290.00 99Q000.00 3825 3.610 3.661 44 07/15/2011 31331GE47 01135 FederalFarmCreditBank 07/29/2009 1,OOQ000.00 1,035,640.00 997,500.00 2250 2264 2.316 769 07/29/2013 31331GG37 01137 FederalFarmCreditBank OB/04/2009 1,OOQ000.00 1,026,660.00 1,OOQ000.00 2.150 2.121 2.150 614 02/04/2013 31331GZ44 01144 FederalFarmCreditBank 10/15/2009 1,OOQ000.00 1,016,440.00 1,OOQ000.00 1.550 1529 1.550 502 10/15/2012 31331KCA6 01164 FederalFarmCreditBank 02/10/2011 1,OOQ000.00 1,014,260.00 1,OOQ000.00 1.375 1.356 1.375 9B5 02/10/2014 3133XRRU6 01101 Federal Home Loan Bank 07/03/2006 1,OOQ000.00 1,003,010.00 996,570.00 3825 3826 3.676 30 07/01/2011 3133XSWM6 01124 FederalHomeLoanBank 01/23/2009 1,OOQ000.00 1,011,650.00 1,OOQ000.00 2.100 2.071 2.100 236 01/23/2012 3133XTN65 01125 Federal Home Loan Bank OS/07/2009 1,OOQ000.00 1,006,030.00 1,OOQ000.00 1.500 1.479 1.500 159 11/07/2011 3133XTXC5 01130 Federal Home Loan Bank O6/11/2009 1,OOQ000.00 1,02Q240.00 1,OOQ000.00 2250 2219 2250 376 O6/11/2012 3133XVEM9 01150 FederalHomeLoanBank 11/04/2009 1,OOQ000.00 1,016,470.00 1,OOQ000.00 1825 1.603 1825 539 11/21/2012 3133XVR52 01151 Federal Home Loan Bank 11/16/2009 1,OOQ000.00 1,004,500.00 99Q750.00 1.000 0.996 1.012 210 12/26/2011 313372UH5 01166 Federal Home Loan Bank 03/15/2011 1,OOQ000.00 1,01Q610.00 1,OOQ000.00 1.125 1.110 1.125 635 09/13/2013 31396AYM6 01139 Federal National M Assn OB/10/2009 1,OOQ000.00 1,017,120.00 991,250.00 1750 2.02 2.05 436 OB/10/2012 Subtotal and Average 13,984,210.00 14,000,000.00 14,202,750.00 13,984,210.00 2.110 2.139 420 PorNollo TEME CP Run Date_ 06/23/2011 -10 01 PM (PRF_PM2) SymRept 6 42 City of Temecula, California Portfolio Management Page 6 Portfolio Details - Investments May 31, 2011 Average Purchase Stated VTM VTM Daysto CUSIP Investment# Issuer Balance Date ParValue MarketValue BookValue Rate 360 365 Maturity Total and Average 138,898,388.46 148,593,061.76 149,114,504.09 148,577,271.76 0.706 0.716 167 PorNollo TEME CP Run Date_ 06/23/2011 -10 01 PM (PRF_PM2) SymRept 6 42 City of Temecula, California Portfolio Management Page 7 Portfolio Details - Cash May 31, 2011 Average Purchase Stated VTM VTM Daysto CUSIP Investment# Issuer Balance Date ParValue MarketValue BookValue Rate 360 365 Maturity Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNINBANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 41 1 01 702 61 EDGEDEV TORRYPINESBANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 23303600 PCL CONST Wells Fargo Bank 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2010 2,610.00 2,610.00 2,610.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2010 16,227D2 16,227D2 16,227D2 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bankof California 1,306,956.67 1,306,956.67 1,306,956.67 0.000 0.000 1 SYSParking Ck PARMNG CITA Union Bank of California 07/01/2010 6,660.00 6,660.00 6,660.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 138,898,388.46 149,929,717.65 15q451,159.98 149,913,927.65 0706 0.716 167 PorNollo TEME CP Run Date_ 06/23/2011 -10 01 PM (PRF_PM2) SymRept 6 42 Cash and Investments Report CITY OF TEMECULA Through May 31,2011 Fund Total 001 GENERAL FUND $ 29,542,676.91 101 STATE TRANSPORTATION FUND 144,545.98 120 DEVELOPMENT IMPACT FUND 3,863,838.27 150 AB 2766 FUND 583,780.22 165 RDAAFFORDABLE HOUSING 20% SETASIDE 29,107,277.64 170 MEASURE A FUND 8,197,478.54 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,968,583.95 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 164,203.39 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLWG 2,961,50727 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 10,63226 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 288,594.51 197 TEMECULA LIBRARY FUND 669,234.86 210 CAPITAL IMPROVEMENT PROJECT FUND 12,776,25927 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,322,521.61 275 CFD 033 WOLF CREEK IMPROVEMENT FUND 997,971 ]7 277 CFD-RORIPAUGH 30,702,004.70 280 REDEVELOPMENTAGENCY-CIPPROJECT 927,553.43 300 INSURANCE FUND 463,073.68 310 VEHICLES FUND 984,027.47 320 INFORMATION TECHNOLOGY 413,707.64 330 SUPPORT SERVICES 318,348.60 340 FACILITIES 157,035.01 370 CITY 2008 COP'S DEBT SERVICE 794,46923 380 RDA DEBT SERVICE FUND 3,622,162.35 390 TCSD 2001 COP'S DEBT SERVICE 74.40 460 CFD 88-12 DEBT SERVICE FUND 66,815.49 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,519,00672 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,943,851.82 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 202,632.06 475 CFD 033 WOLF CREEK DEBT SERVICE FUND 4,151,020.02 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 633,202.25 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 6,645,504.13 501 SERVICE LEVEL "C" ZONE 1 SADDLEWOOD 17,756.72 502 SERVICE LEVEL "C" ZONE 2 WINCHESTER 54,032.08 503 SERVICE LEVEL "C" ZONE 3 RANCHO HIGHLAND 42,76929 504 SERVICE LEVEL "C" ZONE 4 VINEYARDS 3,169.50 505 SERVICE LEVEL "C" ZONE 5 SIGNET 13,623.62 506 SERVICE LEVEL "C" ZONE 6 WOODCREST 18,670.93 507 SERVICE LEVEL "C" ZONE 7 RIDGEVIEW 6,404.31 508 SERVICE LEVEL "C" ZONE 8 VILLAGE GROVE 46,103.61 509 SERVICE LEVEL "C" ZONE 9 RANCHO SOLANA 13,009.18 510 SERVICE LEVEL "C" ZONE 10 MARTINIQUE 7,366.76 511 SERVICE LEVEL "C" ZONE 11 MEADOWVIEW 1,234.77 512 SERVICE LEVEL "C" ZONE 12 VINTAGE HILLS 46,39770 513 SERVICE LEVEL "C" ZONE 13 PRESLEY DEVELOPMENT 9,443.34 514 SERVICE LEVEL "C" ZONE 14 MORRISON HOMES 5,464.82 515 SERVICE LEVEL "C" ZONE 15 BARCLAY ESTATES 2,810.19 516 SERVICELEVEL"C"ZONEI6TRADEWINDS 71,291.48 517 SERVICE LEVEL "C" ZONE 17 MONTE VISTA 1,004.05 518 SERVICE LEVEL "C" ZONE 18 TEMEKU HILLS 33,684.18 519 SERVICE LEVEL "C" ZONE 19 CHANTEMAR 64,861.82 520 SERVICE LEVEL "C" ZONE 20 CROWNE HILL 182,749.13 521 SERVICE LEVEL "C" ZONE 21 VAIL RANCH 147,914.67 522 SERVICE LEVEL "C" XONE 22 SUTTON PLACE 1,156.93 523 SERVICE LEVEL "C" ZONE 23 PHEASENT RUN 10,408.77 524 SERVICE LEVEL "C" ZONE 24 HARVESTON 182,997.93 525 SERVICE LEVEL "C" ZONE 25 SERENA HILLS 30,147.71 526 SERVICE LEVEL "C" ZONE 26 GALLERYTRADE 851.56 527 SERVICE LEVEL "C" ZONE 27 AVONDALE 2,178.53 528 SERVICE LEVEL "C" ZONE 28 WOLF CREEK 252,795.59 529 SERVICE LEVEL "C" ZONE 29 GALLERYPORT 4,582.16 530 SERVICE LEVEL "C" ZONE 30 FUTURE ZONES 32,683.20 Grand Total: $ 150.451.159.98 Item No. 5 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 12, 2011 SUBJECT: Acceptance of certain Public Streets into the City-Maintained System within Tract Map Nos. 30264-3, -4, -7, -9, -10, -14, -15, -F (Located southeasterly of the intersection of Pechanga Parkway and Wolf Valley Road (within the Wolf Creek Subdivision) PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30264 -3, -4, -7, -9, -10, -14, -15, -F) BACKGROUND: Tract Map Nos. 30264 -3, -4, -7, -9, -10, -14, -15, -F were recorded by the County Recorder on the following dates: Tract Map No. 30264-3 July 13, 2005 Tract Map No. 30264-4 September 9, 2005 Tract Map No. 30264-7 July 13, 2005 Tract Map No. 30264-9 July 13, 2005 Tract Map No. 30264-10 September 9, 2005 Tract Map No. 30264-14 September 9, 2005 Tract Map No. 30264-15 September 9, 2005 Tract Map No. 30264-F September 9, 2005 (Tract Maps 30264 -1, -2, -5, -6, -8, -11, -12, -13 are currently still under development). The owners dedicated to public use for street and public utility purposes streets designated as lettered lots on the eight Wolf Creek Development maps. The City Clerk accepted the offers of dedication. Public Works staff reviewed and inspected the public improvements and all required repairs and replacementsweresatisfactorilycompleted. However,theone-yearWarrantyBondsandLaborand Materials Bonds have not been released. The Warranty Bonds will be released at the end of the one-year period starting Ju1y2012. The Labor and Materials Bonds will be released six months into the one-year warranty period starting January 2012. The public streets now being accepted by this action are as follows: Tract 30264-3 Alto Vista Way, portion of Pinon Pine Way, Red Mountain Way, and Grass Meadow Way. Tract 30264-4 Portion of Logger Trail, Cold Creek Court, portion of Maple Drive, portion of CopperCrest Lane, and portion of Beaver Creek Lane. Tract 30264-7 Portion of Cloudburst Lane, Shasta Lane, portion of Boulder Way, portion of Hunter Lodge Lane, and Sycamore Court. Tract 30264-9 Portion of Pinon Pine Way, Oregon Lane, Mule Deer Way, Shade Tree Court, White Tail Lane and Yellowstone Lane. Tract 30264-10 Cedar Crest Court, portion of Copper Crest Lane, Coyote Canyon and portion of Beaver Creek Lane. Tract 30264-14 Portion of Fireside Drive. Tract 30264-15 Portion of Hunter Trail. Tract 30264-F Alpine Court. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 11 - with Exhibits "A — B" inclusive. RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS. 30264 -3, -4, -7, -9, -10, -14, -15, -F) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Tract Map Nos. 30264-3, -4, -7, -9, -10, -14, -15, -F were recorded by the County Recorder at various dates between July and September 2005 in which offers of dedication for street and public utility purposes were accepted by the City of Temecula from Wolf Creek Development, LLC; and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed; and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City-Maintained Street System the streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of July, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITYOFTEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of July, 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT "A" TO RESOLUTION NO. 2011 - Accepting certain public streets offered to and accepted by the City of Temecula as indicated on Tract Maps 30264-3, -4, -7, - 9, -10, -14, -15, -F into the City-Maintained Street System as described as follows: Tract Map 30264-3 1. Lot "A" (Alta Vista Way) of said Tract Map No. 30264-3 2. Lot "B" (portion of Pinon Pine Way) of said Tract Map No. 30264-3 3. Lot "C" (Red Mountain Way) of said Tract Map No. 30264-3 4. Lot "D" (Grass Meadow Way) of said Tract Map No. 30264-3 Tract Map 30264-4 1. Lot "A" (portion of Logger Trail) of said Tract Map No. 30264-4 2. Lot "B" (Cold Creek Court) of said Tract Map No. 30264-4 3. Lot "C" (portion of Maple Drive) of said Tract Map No. 30264-4 4. Lot "D" (portion of Copper Crest Lane) of said Tract Map No. 30264-4 5. Lot "E" (portion of Beaver Creek Lane) of said Tract Map No. 30264-4 Tract Map 30264-7 1. Lot "A" (portion of Cloudburst Lane) of said Tract Map No. 30264-7 2. Lot "B" (Shasta Lane) of said Tract Map No. 30264-7 3. Lot "C" (portion of Boulder Way) of said Tract Map No. 30264-7 4. Lot "D" (portion of Hunter Lodge Lane) of said Tract Map No. 30264-7 5. Lot "E" (portion of Sycamore Court) of said Tract Map No. 30264-7 Tract Map 30264-9 1. Lot "A" (portion of Pinon Pine Way) of said Tract Map No. 30264-9 2. Lot "B" (Oregon Lane) of said Tract Map No. 30264-9 3. Lot "C" (Mule Deer Way) of said Tract Map No. 30264-9 4. Lot "D" (Shade Tree Court) of said Tract Map No. 30264-9 5. Lot "E" (White Tail Lane) of said Tract Map No. 30264-9 6. Lot "F" (Yellowstone Lane) of said Tract Map No. 30264-9 Tract Map 30264-10 1. Lot "A" (Cedar Crest Court) of said Tract Map No. 30264-10 2. Lot "B" (portion of Copper Crest Lane) of said Tract Map No. 30264-10 3. Lot "C" (Coyote Canyon) of said Tract Map No. 30264-10 4. Lot "D" (portion of Beaver Creek Lane) of said Tract Map No. 30264-10 Tract Map 30264-14 1. Lot "A" (portion of Fireside Drive) of said Tract Map No. 30264-14 Tract Map 30264-15 1. Lot "A" (portion of Hunter Trail) of said Tract Map No. 30264-15 Tract Map 30264-F 1. Lot "A" (Alpine Court) of said Tract Map No. 30264-F EXHIBIT `B' TO RESOLUTION NO. 2011 - TRACT MAP 30264 q, ,. .w v.uF. 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LOT 24 (OPFN SPACE AftEp,) J l. �__' '_-__ —__ '__'___ _ _ ' __ - � - � - — - PECFIANGA PARKWAY Item No. 6 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 12, 2011 SUBJECT: Amendment to Annual Agreement for Citywide Street Name Signs for Fiscal Year 2011-2012 PREPARED BY: Rodney Tidwell, Maintenance Supervisor RECOMMENDATION: Thatthe CityCouncil approve an amendmenttothe annual agreement with Main Street Signs in the amount of $75,000.00 for Fiscal Year 2011-2012. BACKGROUND: On July 1, 2010 the City Council approved an agreement for the purchase of Citywide Street Name Signs. These signs and accessories include traffic control signs, specialty signs and hardware for sign replacements and repairs. Main Street Signs provides necessary hardware for new installations, replacement, repair and related hardware for Citywide signs. Main Street Signs has consistently been a responsible vendor and provides the City with exceptional and reliable service. Staff recommends maintaining the City's current street name sign stock and maintaining the ability to obtain signs and hardware within 24 to 48 hours from the vendor for sign installations and repairs. FISCAL IMPACT: Adequate funds are programmed in the Fiscal Year 2011-2012 Operating Budget for the Public Works Department, Maintenance Division and Public Works Traffic Division Signs Account. ATTACHMENTS: Amendment to Agreement for Citywide Street Name Signs FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MAIN STREET SIGNS FOR CITY STREET NAME SIGNS THIS FIRST AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and MAIN STREET SIGNS a Corporation, (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Vendor entered into that certain Agreement entitled "Agreement for City Street Name Signs", in the amount of $75,000. b. The parties now desire to extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $75,000. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PURCHASE PRICE" is hereby amended to read as follows: The City agrees to pay Vendor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, Description and Price List of Merchandise, 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 description and price list, are null and void. The FIRST Amendment amount shall not exceed Seventy Five Thousand Dollars and No Cents ($75,000) for additional City Street Name Signs for a total Agreement amount of One Hundred Fifty Thousand Dollars and No Cents ($150,000). 4. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MAIN STREET SIGNS (Two Signatures of corporate o�cers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) B)/: B)/: Ron Roberts, Mayor Chuck Atha, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Gina M. Atha, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR MAIN STREET SIGNS Chuck Atha, President 1211 W. Brooks Street, Suite A Ontario, CA 91762 909/391-0988 FSM Initials: Date: 2 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Vendor. 3 Attachment A I � Estimate I I �, Main Street DATE � S . 1211 W. BROOKS ST. STE. A 6116/2071 igns ONTARIO, CA 91762 909-391-0988 FAX 909-391-0249 NAME/ADDRESS CITY OF TEMECULA PO BOX 9033 Rodney TEMECULA, CA 92589-9033 REP TERMS Net 30 ITEM CODE DESCRIPTION QTY PRICE EACH TOTAL SPECIAL ALL SiGNS 48" X 48" I 144.00 144.00T SPECIAL ALL SIGNS 36° X 36" I 81.00 S I.00T SP6CIAL ALL SIGNS 30" X 36" I (7.50 67.SOT SPECiAL ALL SIGNS 30" X 30" I 5625 SG.tiT SPECIAL ALL SIGNS 30"X 24" I 45.00 45.00T SPECIAL ALL SIGNS 24" X 24" I 36.00 3C.00T SPECIAL ALL SIGNS 24" X I S" I 27.00 27.00T SPE�IAL ALL SIGNS 18" X I8" I 20.25 2025T SPBCIAL ALLSIGNS 12"X18" I 18.00 IS.00T SPECIAL ALLSIGNS SMALLER I I5.00 IS.00T SPECIAL NON STANDARD TRAFF[C SIGNS �21.00 sq ft 1 0.00 O.00T SQ. POST SQUARE POST 10' I 55.00 SS.00T SQ. POST SQUARB POST 12' I (5.00 GS.00T ANCHORS POST ANCHORS 30" I 35.00 35.00T DRIV-RIV DRNE RIVETS 3/8 I I.00 I.00T H/W HARDWARB for street nnme signs I 22.00 22.00T H/W HARDWARB nutsandbol[s Iset I 4.50 4.SOT DURA-POST DURA-POST W/BASBS (delinearors) I 45.00 45.00T Q-MARKER ROAD MARKERS 4"X2I" W/ BAS@S (island markers) I 40.00 40.00T PRICES C�OOD THRU JULY 201 I THRU JUNE 2012 SALES TAX 8.75% 68.03 TOTAL ALL QUOTES GOOD FOR 30 DAYS. EMAIL: sales@mainstreelsigns.net WBBSITE: www.mainstreetsigns.net � Attachment A � Estimate Main Street °"TE � . 1211 W. BROOKS ST. STE. A 6/16/2011 Signs ONTARIO, CA 91762 909-391-0988 FAX 909-391-0249 NAME/ADDRESS C[TY OF TEMECULA � PO BOX 9033 RODNEY TEMECULA, CA 92589-9033 REP TERMS Net 30 ITEM CODE OESCRIPTION qTY PRICE EACH TOTAL RI STOPSIGN 30" HIP 1160 I 52.t0 52.IOT R2 SPEED UMIT 25 24X30 HIP 1 35.00 35.00T R4-7 KEEP RIGFIT SYMBOL 24X30 HIP I 35.00 35.00T W55 FLOODCD 30X30 HIP I 37.50 37.SOT WS CURVE(ARROW) 36X36 HIP I 55.00 SS.00T W20-I ROAD WORK AHEAD 36X36 HIP I 55.00 SS.00T CS DETOUR W/ARROW 36XI2 FIIP I 21,00 21.00T RI-4 ALL WAY I8X6 HIP I 6.25 G.25T G93 BIKEROUTE 24X18 HIP I 21.00 21.00T R32 2 HR PARKING WITIMES 12XI8 HIP I 1225 12.25T PRICCS GOOD THRU NLY 201 I- NNE 2012 SALES TAX g,7jq Zg TOTAL ALL QUOTES GOOD FOR 30 DAYS. EMAIL: sales rLilmainstreetsigns.net WEBSITE: www.mainstreetsigis.net i ; Item No. 7 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 12, 2011 SUBJECT: Amendment to the Annual Purchase Agreement for the Purchase of Asphalt Products for Fiscal Year 2011-2012 PREPARED BY: Rodney Tidwell, Maintenance Supervisor RECOMMENDATION: That the City Council approve the amendment to the purchase agreement with CalMat (dba Vulcan Materials Company) in the amount of $100,000.00 for Fiscal Year 2011-2012. BACKGROUND: The City routinely repairs streets that have been accepted into the City's street maintenance system. The Public Works Maintenance Division purchases and installs hot mix asphalt, SS1 H tack, and Class I I Base for potholes and pavement repairs. Staff recommends that the City Council approve the amendment to the purchase agreementwith CalMat, for Fiscal Year 2011-2012 to purchase paving materials. CalMat is currently a sole source vendor in the Southwest Riverside County for the purchase of hot mix asphalt and SS1 H emulsion tack. Their one (1) plant location is in Corona. FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2011- 2012 Operating Budget for the Public Works Department, Maintenance Division for Routine Street Maintenance. ATTACHMENTS: Purchase Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CALMAT (dba VULCAN MATERIALS COMPANY) FOR HOT MIX ASPHALT AND SS1 H EMULSION TACK THIS FIRST AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and CALMAT (dba VULCAN MATERIALS COMPANY) a Corporation, (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Vendor entered into that certain Agreement entitled "Agreement for Hot Mix Asphalt and SS1H Emulsion Tack", in the amount of $100,000. b. The parties now desire to extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $100,000. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PURCHASE PRICE" is hereby amended to read as follows: The City agrees to pay Vendor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A, Description and Price List of Merchandise, 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 description and price list, are null and void. The FIRST Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000) for additional Hot Mix Asphalt and SS1H Emulsion Tack for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000). 4. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CALMAT (dba VULCAN MATERIALS COMPANY) (Two Signatures of corporate o�cers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) B)/: B)/: Ron Roberts, Mayor Michael Linton Vice President of Properties ATTEST: By: By: Susan W. Jones, MMC, City Clerk Jeffrey McCormick Vice President of Finance APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney VENDOR CALMAT (dba VULCAN MATERIALS COMPANY) 3200 San Fernando Road Los Angeles, CA 90065 323/258-2777 FSM Initials: Date: 2 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Vendor. 3 Attachment A A .. . Matcriais Company Attn: Rodney Tidwell Project: FOB CORONA [Rodney.Tidwell@cityoftemecula.org] 951-694-6475 Temecula/ City Of 7/1/2011 THRU 6/30/2012 Po Box 9033 PICKED UP Temecula, CA 92589 VARIOUS LOCATIONS Acct #: 0710049 TEMECULA, CA Date: Wednesday, May 25, 2011 Sales Rep: Joelle Donaldson Quote Created: Wednesday, May 25, 2011 Quote #: 1-NIR6X6 ' Quote Name: 1-NIR6X6 (626)633-4239 Effective From: friday, July Ot, 2011 � Quote Expiration: Sunday, July 31, 2011 Version #: 4 Price Expiration: Saturday, June 30, 2012 Spec i al I nstructi o ns: PRICE QUOTED IS PICKED UP. DELNERY IS EXTRA.PRICE EXCLUDES ENVIRONMENTAL FEE OF ^ �1.00+TAX PER LOAD. PRICES �. EFFECTIVE 7/1/2011 THRU 6/30/2012 '�, Asphalt F.O.B. _ F.O.B. Plant ' Plant Product Name Product QtY• U/M Plant Tax Tax Incl. ' CoronaAsphait EmironmentalFee 98B 1 � Each $1.00 �0.09 $��9 '��. CoronaAsphait Reg-Ho1Mix64-10 BSX 1 TONS $69.00 �6.04 $75.04 �', CoronaAsphait SheetMix/SchlMix B7X 1 TONS �73.00 $6.39 $79.39 '��.. Corona Asphalt COLD MIX 3/8"SCS 89H 1 TONS �u73.00 $6.39 �79.39 '��, Corona Asphalt SS1 H/ GAL BM1 1 GALS $7.00 $0.61 $7.61 '�,, CoronaAsphalt SS1H/4.5Gal8ucket BM2 1 Each $41.00 $3.59 544.59 '�, All taxes applicable to the sale or delivery of materials will be invoiced to and paid by the customer. Terms are Net 30. Please note standard terms and conditions apply. , This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review/revision. i Please contact Sales prior to placing the order. Accepted by: Date: � Sales Representative: Date: We appreciate the opportunity to provide you this quote and tmst that Vulcan will have the pleasure serving your needs for this and future projects. � � ( � Quotation generated on 5/25/2011 � � P e , o Matcrials Oompanv ("Seller") All Quotes • All sales by Seller to Buyer shall be subject to Seller's General Terms and Conditions of Sale which shall supersede all other written and oral agreements, invoices, understandings, statements, promises and memoranda between the parties. • Materials are quoted in U.S. units unless othenvise specified. • Applicabie environmental fees shall apply to individual loads and shaii be added to the invoice. • Seiler's duties and liabilities under this agreement are subject to contingencies beyond the reasonable control of Seller including, but not limited to, the interruption of power to Seller's production facility, or other occurrence which makes it impracticable or unreasonable for Seller to provide the materials quoted herein or otherwise pertorm its obligations. In such circumstances, Seller's performance shall be excused and Selier shall not be liable for any loss or damage resulting therefrom. • Any increases in haul rate or tax shall be added at time of delivery. • Prices quoted are SUBJECT TO CHANGE WITHOUT NOTICE until such time as this proposal is signed by Buyer and delivered to Seller. • This quote is made subject to the written approvai of the Seller and shail not be binding upon the Seller until so approved. • Quotation is for Monday through Friday (nornholiday) normal daytime production hours, unless othenvise noted. ', • Buyer is responsible for all applicabie sales tax. ', • Buyer shall be responsible for any damage to delivery trucks and/or mixers, including towing fees, occurring during material delivery and while under the guidance of non-seiler personnel. Asphalt & Aggregates Quotes • All materials quoted as commercially produced by Seller, unless otherwise noted. • Material and trucking based upon availability. ' • Excess unioading or delay time will be charged at the applicable hourly rate. • QCQA quotations can be obtained on a job specific basis. • Unless otherwise stated, when projects include an oil index price fluctuation clause, asphait prices are based on Seller's participation in the index. Concrete Quotes • Prices contained in this quote are made based on specific concrete mix designs submitted by Buyer to Seller. Any changes or additions by Buyer to submitted mix designs shall be subject to a price adjustment in accordance with Seller's prevailing rates. • Unit prices are based on delivery of a full load as defined by the quote. Deliveries of less than a full load shall be charged a minimum load fee based on Seller's prevailing rates. Seller shall provide Buyer with one "finish load" at no additional charge. + • All prices quoted are for concrete batched and delivered at the prevailing ambient temperature at the time of � batching and delivery. Requests by Buyer for artificiai cooling or heating of concrete shall be subject to applicable additional charges at Seller's prevailing rates. � • Unless otherwise stated, Selier does not warrant that concrete will meet specific shrinkage requirements. Landfill Quotes � • Buyer must complete and sign Seller's Fill Material Acceptance Agreement as a condition precedent to Seller's � acceptance of any fill material. � • Seller accepts only inert debris as defined by state statute and regulations. Seller accepts construction debris, as � defined by Arizona state statue, only at Seller's Litchfieid Landfill in Avondale, Arizona. ! i `t � Item No. 8 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 12, 2011 SUBJECT: Amendments to Annual Agreements for various services required by the Public Works Maintenance Division for Fiscal Year 2011/2012 PREPARED BY: Rodney Tidwell, Maintenance Supervisor RECOMMENDATION: That the City Council approve the following amendments to annual agreements in the amounts stated for fiscal year 2011/2012 for routine street maintenance and emergency services for various Maintenance Division needs. General Engineering Contractor Services Del Rio Enterprise $ 50,000 Ryan Monteleone Excavation Inc. $ 200,000 Vehicle Maintenance Altec Industries $ 30,000 BACKGROUND: On July 1, 2008 the City Council approved agreements with the above listed firms to complete a vast array of on-call services assisting & supplementing the Maintenance Division staff with maintaining the City's infrastructure. Needed services are packaged and requested from the appropriate Contractor by Service Requests. Contractors submit a cost proposal for each service request and funds are allocated from the corresponding operating budget line item. Only approved work will utilize the services under these agreements, unless otherwise directed by the City Manager or City Council. The original agreements allow for three one (1) year extentions. Each of the listed firms have responded in a timely manner when requested, provided an economical means of completing the necessary work and performed satisfactorily. Therefore staff is recommending contract extentions for each vendor. FISCAL IMPACT: Adequate funds are available in the Public Works Department, Maintenance Division FY2011/2012 budget. ATTACHMENTS: Amendments THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DEL RIO ENTERPRISE FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS THIRD AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Del Rio Enterprise, a Corporation, hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2008, the City and Contractor entered into that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula", in the amount of $50,000. b. On June 9, 2009, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2010, and increase the payment in the amount of $50,000. c. On July 1, 2010, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2011, to increase the payment in the amount of $50,000 and revise the Written Notice section. d. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $50,000, and amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The THIRD Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000) for additional Future 1 Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula for a total Agreement amount of Two Hundred Thousand Dollars and No Cents ($200,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA DEL RIO ENTERPRISE (Two Signatures of corporate o�cers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) B)/: B)/: Ron Roberts, Mayor Mike Mullins, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Janet Mullins, Treasurer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR DEL RIO ENTERPRISE Mike Mullins, Owner 26517 State Highway 74 Perris, CA 92570-9623 951 /676-4550 951/676-2136 Fax FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 4 Attachment A� ,� • i � �� < � [NTEPPRISE 42181 Avenida Alvarado, Temecula CA 92590-3429 •(951) 676-4550 • FAX (95�) 676-2136 s 1`IME & EOUIPMENT RATES � As of Aprii Ol, 2010 �a � Title Hourlv Overtime Double time NiQht Time Operator 67.00 100.50 134.00 159.00 Labor 55.00 82.50 710.00 195.00 � Foreman 67.00 100.50 134.00 159.00 ; J.D. Skip loader 4X4 w/ Gannon 1I5.00 772.50 230.00 255.00 3.D. Skip loader w/ spreader bar 120,00 180.00 240.00 265.00 Cat426 Backhoe lIS.OD 172.50 230.00 255.00 18" compactor wheet 25.00 37,50 50.00 75.00 ' Field I,aser per day 55.00 82.50 110.00 135.00 ` ' s Cat 246 Skid Steer rv/ bucket 1I0.00 165.00 220.00 245.00 ' Cat 246 Skid Steer w/ breaker 110.00 165.00 220.00 245.00 Cat 246 Skid Steer w/ sweeper 110.00 165.00 22D.00 245.00 � 980 Loader w/ teefh I45.00 217.50 290.00 315.00 ' Rock Bucket I5.00 22.50 30.00 55.00 � Smooth edge attaclunen[ for 980 15.�0 22,50 30.00 55.00 Cat 613 Scraper 135.00 202.50 2'I0.00 295.00 Low Bed 115.00 172.50 230.00 255.00 10 Wheel dump truck 10 CY 95.00 142.50 190.00 21�.00 Bobtail dump tmck 6 CX 85.00 127.50 170.00 195.00 2,SOOgaL WaterTrnck 85.00 127.50 170.00 Z95.00 Wacker daily 65.00 97.50 130.00 155.00 Vibraplate daily 65.00 97.50 130.00 155.00 Demo saw darly 80.00 120.00 160.00 185.00 i Saw & Truck 150,00 225.00 300.00 325.00 3/5 Ton Roller l I5.00 172.SQ 230.00 255.00 Pord LN 7,000 20' Ilatbed 85.00 127,50 170.00 195.00 Tool Tmck 95.00 142.50 I90.00 215.00 Fonn Truck 155.00 232.50 310.00 335.00 Dump Trailer 35.00 52.50 70A0 95.00 � 2050 Mustang Skid Stee[ 115.00 172.50 230.00 255.00 [ U35 Zero Tail Kubota Excavator 120.00 I80.00 240.00 265.00 Alt time & materials are to be billea at invoice price pins ZO% overhead and profit. i ; � � r�, y°� � ENTERPFISE 42181 Avenida Aivarado, Temecula CA 32590-3429 •(951) 676-4550 • FAX (951) 676-2136 � Scope of Work a ', � Rough Crrading Asphalt Paving i' Pine Crrading Concrete Paving Excavation Curb & Crutter Demolirion Ribbon Gutter '' Saw-cut Spandrel & Cross Gutter '� Import & Export Dcive Approach � V-Ditch ' Erosion Control Grinding & Overlay Rip-Rap Medians Flood Repair Sidewalk ' Flood ControI AC Berm Corrugated Metal Pipe Installation Reanove & Repair Concrete Underground Storm Drain ? Corrugated Metat Pipe Retailer j � � _ ;: � -»,. �.....��. � , � ENTERPflISE '� 42181 Avenida Aivarado, Temecula CA 92590.3429 •(951) 676-4550 • FAX (951) 676-2�36 ', 3 �� Corrugated Metal Pi�e Price List ' As ofA�nl 2010 �'��, Size Metric 16 Gage 14 Gage 12 Ga�e Bands ' Galv. A.0 Galv. A.C. Ga1v. A.C. Galv. A.C. ' 12" 300mm 11.24 16.29 14.26 20.66 19.70 26.89 23.27 27.91 � 15" 375mm 14.18 20.54 17.45 25.32 24.63 33.63 25.56 30.68 1$" 450mm 1G.59 24.06 20.98 28.97 28.70 37.32 28.04 33.64 � 21" 19.31 28.00 24.19 33.41 29.66 24" 600mm 22.36 32.4I 27.71 37.27 38.62 50.21 32.48 38.97 30" 750mm 27.80 4032 34.43 47.55 44.74 64.66 37.69 44.88 36" 900mm 32.78 47.52 44.76 61.82 53.64 69.74 42.34 50.81 42" IOSOnnm 37.73 54.74 50.43 69.65 67.10 87.22 47.46 56.95 48" 1200mm 44.38 6435 56.47 77.9'7 76.45 9938 52.41 62.87 All items in bold aze stock items, all other items are special order items (lead time may take up to l 0 business days). { ! � � � FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RYAN MONTELEONE EXCAVATION, INC. FOR FUTURE REPAIR, IMPROVEMENT AND MAINTENANCE UPON REAL AND PERSONAL PROPERTY OF THE CITY OF TEMECULA THIS FIFTH AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and RYAN MONTELEONE EXCAVATION, INC. a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2008, the City and Contractor entered into that certain Agreement entitled "Agreement for Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula", in the amount of $200,000. b. On April 29, 2009, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula," to increase the payment in the amount of $123,618.18. c. On June 9, 2009, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula," to extend the term to June 30, 2010, to increase the payment in the amount of $200,000 and revise the Notices section. d. On July 1, 2010, the City and Contractor entered into the Third Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to extend the term of the agreement to June 30, 2011, increase the payment in the amount of $200,000, and revise the Written Notice section. e. On September 1, 2010, the City and Contractor entered into the Fourth Amendment to that certain Agreement entitled "Agreement for "Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula" to amend the company name to Ryan Monteleone Excavation, Inc. f. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: 1 "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Schedule of Costs, 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. The Fifth Amendment amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000), for additional Future Repair, Improvement and Maintenance Upon Real and Personal Property of the City of Temecula for a total Agreement amount of Nine Hundred Twenty Three Thousand Six Hundred Eighteen Dollars and Eighteen Cents ($923,618.18). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RYAN MONTELEONE EXCAVATION, INC. (Two Signatures of corporate o�cers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) B)/: B)/: Ron Roberts, Mayor Ryan Monteleone, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Alexandra Monteleone, Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR RYAN MONTELEONE EXCAVATION, INC. Ryan Monteleone 25225 Wolcott Court Wildomar, CA 92595 951 /538-6537 FSM Initials Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. 4 , Attachment A , _---- - -- � �- r RYAN MONTELEONE EXCAVATION , INC i � 'j lv q ( >v1s"vfrsoE.'�� £sx�a�y,wa1 gv�'' ;if .Pryy' b� 4� � yfz �"`"^�'>x 'f �' R +.�v``�,�"' � /�"s��'y�"�'i��?�,^.�' �� n �� ` p'� , s� �� ' a�i ` '! � � i � , � z� a �" a � b � � �L �.J €.°r' . .. � :,. `� u�ir� '�,�"lk. 1'r ' '� i�s i. ,.�.�u...,3,�c�.v.s..U�.c„ru��2a�r,.�s.`..s'eds'S.�ca`3�� '�o..E.�'�%"�", � < : �.1m.5is t. S' f�v'�,A�`.p`��=.". /�Z'� ��' i,�'�ie � . ._....._._..Y 24 Hour cell number (951) 538-6537 Operated and fuel time and eauipment rate for 2011- 2012. Equipment: Rate per hour : Saturday/+Shrs Holiday/Sunday Regular rate *per hour overtime *overtime rate ' D4G Dozer $125.00 $140.50 $156.00 ', D6RLGP $160.00 $175.50 $191.00 !, D6RXL $165.00 $180.50 $196.00 D6RW/SLOPE $175.00 $190.50 $206.00 ' 824 Dozer $160.00 $190.50 $206.00 D8k $185.00 $200.50 $216.00 D8R $185.00 $200.50 $216.00 D9R $235.00 $250.50 $266.00 D10R $245.00 $260.50 $276.00 200 Excavator $135.00 $150.00 $166.00 650 Excavator $280.00 $295.50 $311.00 400 Excavator $183.00 $198.50 $214.00 220 ExCavator $155.00 $170.50 $186.00 350 Excavator $165.00 $180.50 $196.00 430E Backhoe $ 145.00 $160.50 $176.00 450E Backhoe $155.00 $170.50 $186.00 30 MF Skip/Mower $95.00 $i ] 1.50 � $126.50 450C loader $165.00 $180.50 $196.00 � � 950 Loader $165.00 $180.50 $196.00 � 977 Loader $180.00 $195.50 ' S211.00 � 973 Loader $175.00 $190.50 $206.00 � 963TrackLoader $165.00 $180.50 $196.00 12GMotorgrader $165.00 $180.50 $196.00 � 140 Motor grader $165.00 $180.50 $196.50 � 623 Scraper $165.00 $180.50 $196.00 z 860Scraper $140.00 $155.50 $171.00 ; 613 Scraper $135.00 $150.00 $166.00 657 Push Pull $285.00 $300.50 $316.00 627 Push Pull Scraper $235.00 $280.50 $296.00 c 10 wheel dump/pup $95.00 $111.00 $126.50 Hi-Side Semi/ End Dump $110.00 $125.50 $141'.00 4,000 gal w-truck $85.00 $100.50 $116.00 2500 gai w-truck $85.00 $100.50 $116.00 6x6 off road dump truck $165.00 $180.50 $196.00 26 Wheel Lowbed Truck $110.00 $125.50 $141.00 Foreman $66.00 $81.50 $97.00 Pick-up $46.00 $46.00 $46.00 Grade checker $54.00 $69.50 $85.00 Laborer $46.00 $61.50 $77.00 *Overtime wa eg s beqin after 3:00 P.M. with a 6:00 A.M. starting time. Rate used bevond 8 hours on weekdavs and all hours on Saturdav. Anv citY work will be under current prevailinq_waqe rates. . � ' I I I ; i � � } E � , ; , t � THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ALTEC INDUSTRIES, INC. VEHICLE MAINTENANCE SERVICES THIS THIRD AMENDMENT is made and entered into as of July 1, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Altec Industries, Inc. a Corporation, (hereinafter referred to as "ConsultanY'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On November 1, 2009, the City and Consultant entered into that certain Agreement entitled "Agreement for Vehicle Maintenance Services", in the amount of $5,000. b. On February 15, 2010, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Vehicle Maintenance Services," to increase the payment in the amount of $5,000. c. On June 8, 2010, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Vehicle Maintenance Services," to extend the term of the agreement to June 30, 2011, increase the payment in the amount of $30,000, and revise the Notices section. d. The parties now desire to extend the term of the agreement to June 30, 2012, increase the payment in the amount of $30,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Schedule of Costs, 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. The THIRD Amendment amount shall not exceed Thirty Thousand Dollars and No Cents ($30,000), for additional Vehicle Maintenance Services for a total Agreement amount of Seventy Thousand Dollars and No Cents ($70,000). 1 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA ALTEC INDUSTRIES, INC. (Two Signatures of corporate o�cers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) B)/: B)/: Ron Roberts, Mayor James Pitts Vice President Service Operations ATTEST: By: By: Susan W. Jones, MMC, City Clerk Rob Hunter Senior Vice President Legal APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Altec Industries, Inc. Brian Boydston 2106 South Riverside Road Saint Joseph, MO 64507 (816) 236-1319 FSM Initials: Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 4 �"' },�±g',�Zlr'{rt Attachment A ��F � � 'r,n �crssP� 4Il Y� �.r�:�C' i t`!.'h� Y�:z � Brian Boydston, Mobile Service Supetvisor, 5202 E. US HWY 36 St. Joseph, MO 64507 Office (877) 462-5832 Opt. 3 Fax (816) 236-4750 Sune 27, 2011 To Whom It May Concern: Travel charges for city of Temecula for 2011 mobile service wil( be billed at $108.00 per hour Labor charges for city of Temecuta 2011 mobile service will be billed at $108.00 per hour Thank you, Brian Boydston Supervisor ALTEC Ind�stries (816)596-0568 I � � ! ! � ; � � � / T'�''� � � � � , � � � � �� , Item No. 9 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 12, 2011 SUBJECT: Approval of a Minor Maintenance Agreement for Annual Tree Trimming and Maintenance Services PREPARED BY: Rodney Tidwell, Maintenance Supervisor Julie Dauer — Sr. CI P Specialist RECOMMENDATION: That the City Council: 1. Approve a Minor Maintenance Agreement for the Annual Tree Trimming and Maintenance Services with West Coast Arborists, Inc. for $200,000.00 annually and authorize the Mayor to execute the agreement; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $20,000.00 annually which is equal to 10% of the contract amount. BACKGROUND: On June 3, 2011 Requests for Proposals (RFP) and specifications for the Tree Trimming and Maintenance Services was posted on PlanetBids (the City's online bidding service). On June 17, 2011 five (5) proposals were received. The following proposals were submitted. 1. West Coast Arborists, Inc. 2. Trimming Land Company, Inc. 3. California Tree Service, Inc. 4. Aztec Landscaping, Inc. 5. So Cal Tree Care, Inc. The proposals were reviewed and the firms were ranked as shown above. Staff has determined that West Coast Arborists, Inc. was the highest ranked firm based on their submittal and specific unit prices. The work to be performed includes Class I tree trimming, tree and stump removals, root pruning, tree planting and emergency call-out work. This work is necessary to maintain approximately 7,500 right-of-way trees known as the City's Urban Forest. The contractor will inventory all right-of-way trees by name, size and location. West Coast Arborists, Inc. has performed work for the City of Temecula in the past, and we have found their work to be satisfactory. FISCAL IMPACT: Adequate funds are programmed for the Fiscal Year 2011-12 in the Public Works Maintenance accounts. The total project amount is $220,000.00 which includes the contract amount of $200,000.00 plus the 10% contingency of $20,000.00. ATTACHMENTS: Agreement AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND WEST COASTARBORISTS, INC. TREE TRIMMING AND MAINTENANCE SERVICES THIS AGREEMENT is made and effective as of July 1, 2011, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and West Coast Arborists, Inc. a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2016. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor 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 Two Hundred Thousand Dollars and No Cents ($200,000.00) annually for a total of Four Hundred Thousand Dollars and No Cents ($400,000.00) for the term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor 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 . Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for 1 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 Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. 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 at http://www.dir.ca.aov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. 8. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor 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 2 pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have 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 Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 Contractor'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 of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability 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 Contractor 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 Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance Contractor shall maintain limits no less than: 3 1) General Liability: One million ($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 projecUlocation 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) 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. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their 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 of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the ConsultanYs insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the ConsultanYs 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 of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this 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 Contractor 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. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Contractor 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 Contractor's insurer 4 may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor 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 Contractor 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 Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there 5 are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval 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 that has participated in the development of this agreement or its approval has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds thereof, 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. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. 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. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 6 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: West Coast Arborists, Inc. Patrick Mahoney, President 2200 E. Via Burton Street Anaheim, CA 92806 (714) 991-1900 23. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor'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 Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this 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 CourYs judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. 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. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA WEST COAST ARBORISTS, INC. (Two Signatures of corporate o�cers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) B)/: B)/: Ron Roberts, Mayor Patrick Mahoney, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Richard Mahoney, Assistant Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR West Coast Arborists, Inc. Patrick Mahoney, President 2200 E. Via Burton Street Anaheim, CA 92806 (714) 991-1900 (714) 956-3745 Fax FSM Initials: Date: 8 EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for future Tree Trimming and Maintenance Services as described in the Request for Proposals (Scope of Work excerpt attached) at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call-out. The procedure for assigning work is set forth as follows: 1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager , the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 9 EXHIBIT "B" PAYMENT RATES AND SCHEDULE See attached. 10 CITY OF TEMECULA 7REE TRIMMING AND MAINTENANCE SERVICES I. INTRODUCTION A. The City of Temecula Public Works Maintenance Division and the Temecula Community Services District (TCSD), hereinaHer referred to as the City, is requesting proposals from firms or individuals to provide annual tree trimming and maintenance services to the City. B. It is the intent of the City to award a[wo (2) year agreement with the option to renew for three (3) additional one (1) year terms. II. CITY PROFILE A. The City of Temecula is a dynamic community comprised of approximateiy 105,029 citizens of various cuftural backgrounds. The City maintains 40 parks on 309 developed acres throughout the community, which provide recreation opportunities for both the citizens of Temecula, as well as surrounding communities. Contracted services provided through Riverside County include police and fire protection. The Temecula Valley Unified School District provides 33 schools for 29,492 students at the kindergarten through 12th grade levels within the City. The City of Temecula prides itself on Its community focus and quality of life. III. SCOPE OF SERVICES A. PUBLIC WORKS MAINTENANCE and TEMECULA COMMUNITY SERVICES DISTRICT: Reauired �ualifications o Contractor must hold a State of Califomia Contractor's License (G27 andior G 61 or D-49). o Contractor must have fuil time, permaneotly employed staft trained and certified in the tree maintenance industry. o Contractor must submit to the City a Quality Control pian at the time of proposal submission. The Quality Control Plan shall provide contractor management with an effective and efficient means of identifying and correcting problems throughout the entire scope of operetions. This will include the staffing of an arborist, certifled through the Intemationa� Society of Arboriculture QSA) for the entire length of the contract as Site Supervisor (certificatlon required). ; Contractor must have satisfactorily completed at least £ve (5) separete and individual Southem Cali(omia municipal tree trimming projects in the last five (5) years or provide evidence of comparable projects. Each project shall be of comparable size to the scope of this project. c Contrector must submit current OSHA certification of ali aerial devices and the most recent Callfornia Highway Patrol Commercial Vehicle Inspection Report to be used during this project at the time of submitting proposal. CITY OF TEMECULA TREE TRIMMING AND MAINTENANCE SERVICES c Contractor must submit for approval, a wrrent Safety Manuai meeting SB798 requirements for injury and illness prevention, at the time of submitting proposal. Pruninq Standards and Soeci�cations o AII work shall conform to the most current Pruning Standards of the Western Chapter ISA and these specifications. In all cases the City's authorized representative shall have complete antl sole discretion in determining conformance and acceptability of trees trimmed by the wntractor. Trimmed trees rejected by the City's representative shali 6e excNded 6om payment. <� Contractor shall comply with Standards of CAl OSHA and the American National Stantlard Institute, Z133 Safety requirements. o Contractor shall provide and post "NO Parking" signs 48 hours in advance of the work and distribute written notices to affected residents of the pending work. Notices shall 6e printed on both sides, in English and Spanish. o Contractor shall endeavor to maintain good public relations at aIl times. The work shall be conducted in a manner, which will cause the least possible interference and annoyance to the pub�ia Work shall be pertormetl by competent, qualifietl and certified employees and supervised by an ezperienced supervisor in tree trimming operations. The contrector shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. c Contrector shalf exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the contractor is responsi6le for appropriate notification of Underground Service Aler[ (USA). o No hooks, gaffs, spurs or climbers wlll be used by anyone empioyed for such trimmiog. Any vine plant growing on the trees shall be removed to ground level. o Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous gmwth. o Unless otherwise provided, trees are to be trimmed bbck by block, subject to the instructions of City representative/s. o Contractor shall maintain at leasf one (1) bi-lingual EnglishlSpanish speaking foreman, oq-site at all times. o When trimming fungus, disease or fire blight infected limbs or fronds, all pmning tools shall be cleaned after each cut with alcohol or bleach. o Topping shall not be done without prior approval of the City. CITY OF TEMECULA TREE TRIMMING AND MAINTENANCE SERVICES Street Tree Trimminq o Trees shall be trimmed to provide a minimum dearence of fifteen (15) feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic conhol devices, traffic signs and streetlighfs. o The specific techniques employed shall be consistent with industry practice for the size and species of the tree being trimmed. All dead, brokeq damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made suHiciently close, 1/2 inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining Ilmbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will resuR in large gaps in the general outline of the tree. Street Tree Aesthetic Trimminq o Aesthetic tree trimming will be pertormed on a special request basis oNy. The Contractor will be given specific locations for aesthetic trimming in writing by the City representative/s prior to any work being performed. o Trees designated for aesthetic trimming shall be trimmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fiReen (15) feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic contml devices, trefFic signs and streetlights. Additional trimming shal� be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. � o The specific techniques employed shall be conslstent with industry p�actice for the size and species of the tree being trimmed. All dead, broken, damaged, diseased or insect infested �im6s shall be removed at the trunk or main bianch. All cuts shall be made sufficiently cfose 1/2 inch; to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing (imbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shail be thinned of smaller lim6s to distribute the foliage evenly. Park/Sione T�ee Aesthetic Trimminq —Aerial Unit 1. Park/Slope Tree Aesthetic trimming will be pertormed on trees located out of the Public Right of Way that can be safely reached with an aerial uniL These trees are typically located within city parks, landscape maintenance districts (slope areas) and city facilities. The Contractor will be given specific locations for sites to be trimmed by the Temecula Community Services District (TCSD) representative prior to any work heing pertormetl. Tree quantities for this type of trimming shall be determined and agreed upon prior to any work being CITY OF TEMECULA TREE TRIMMING AND MAINTENANCE SERVICES performed. Clean up and removal of all trimmings shall be included at no additional charge. 2. Trees designated for aesthetic trimming shall be trimmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen ('I5) feet over the roadway and nine (9) feet over walkways (unless otherwise directed by the TCSD representative). Trees shall also he trimmed to remove any obstruction around traffic coMroi devices, traHic signs and streetlights. Additional trimming shall be pertormed to mitigate any extreme eftect of the clearance trimming and provide an acceptabie aesthetic appearance. 3. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main brench. All cuts shall be made sufficientiy close tl2 inch; to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shail be undercut to prevent splitting. The remaining limbs and branches shall not be split or braken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in Iarge gaps in the general outline of the tree. All trees sha�l be thinned of smaller limbs to distribute the foliage evenly. Park/Slope Tree Aesthetic Trimminq —Clim6er 1. Park/Slope Tree Aesthetic Trimming will be performed on trees located out of the Public Right of Way that cannot be safely reached with an aerial unit that must be ciimbed in order to complete the necessary trimming. These trees may ba located within city parks, landscape maintenance districts (slope areas) and city facilities. These trees are typically located within the higher reaches of our landscape maintenance districts (slope areas) as well as areas of city parks tha( do not allow �arge vehicle access. The Contractor will be given specific locations for sites to be trimmed by the Temecula Community Services District representative prior to any work being performed. Tree quantities for this type of trimming shall be determined and agreed upon prior to any work being pertormed. Clean up and removai of all trimmings shall be included at no additional charge. 2. Trees designated for aesthetic trimming sha�t he himmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pieasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum c�earance of fifteen (15) feet over the roadway and nine (9) feet over walkways (unless otherwise directed by the TCSO representative). Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the ciearance trimming and provide an acceptable aesthetic appearance. 3. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested �imbs shall be removed at the trunk or main branch. All cuts shall be made sufficientiy close 1/2 inch; to the parent stem so CITY OF TEMECULA TREE TRIMMING AND MAINTENANCE SERV�CES that healing can readily start under normal conditions. All limbs 2" or greater shali be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or ru6bing limbs shall 6e removed unless removal wi�I resWt in large gaps in the general outline of the tree. Ail trees shall be thinned of smaller limbs to distribute the foliage evenly. Palm Tree Trimminq o Standard trim; remove all dead and live fronds so that the remaining healthy fronds are existing at an upward thirty (30) degree angle in relation to a horizontal plane at the head ot the palm tree. All frond sheaths shall be removed aiong the entire Iength of the tree. Tree Removal o The trees to be removed will he marked io a manner determined by the City representativels. Only those trees marked by the City shall be removed by the contractor. o Trees shail be felled in a manner consistent with industry practice with the primary emphasis on the safety of the pubiic and the protection of adjacent property. o Stumps shall 6e ground to a minimum of twelve (12") inches below the level of the adjacent ground. Holes shall be filled with resulting mulch and raked Ievel with the adjacent ground. All wood, debris and excess mWch shall be removed and the surrounding area shall be raked andlor swept clean. Note: if stump grinding does not follow within the same work day as removal, the tree trunk shall be left at five (5") feet above grade or a safety barricade shall be placed and main[ained over the stump until the stump grinding in complete. o The contractor shall be responsible for contacting Underground Service Alert (USA) forthe locating of underground utilities priorto stumping operations. o Contracior will remove ail USA markings within 24 hours of work completion from streets & sidewalks as needed. (i.e.: black out painU sand blasting, etc.) Root Pruninq . Root pruning work will be specified on work orders to the contractor with specific street address and location, as well as, identifying root pruning along the sidewalk or curb or both. o Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb or other improvement. Root pruning cuts shall be four (4") inches wide, eighteen (18") inches deep as measured trom the top of sidewalk, curb or adjacent improvement and extended eight (8') feet in each direction from the centerline of the tree (16'total length). o Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and CITY OF TEMECULA 7REE TRIMMING AND MAINTENANCE SERViCES equipped with padded tracks or rubber tires to prevent scraping or marking of sidewalks. o All cuts shall be backfilled immediately upon completion of root pruning and installation of root barrier if required at each Iocation. Backfill material shall consist of dirt and/or mulch from root pruning and shall be free from rocks. AII debris generated by these operations shall be immediately removed from the site and proper�y disposed of outside the right-of-way. Plantinq o Planting trees include staking and installing ties, trunk guards, root barriers, to maximize tree health and survival. Provide trees and aIl materials and labor necessary for a complete and proper instaliation. New trees are to be installed in accordance with APWA Standard plans for Publlc Works construction details 520-2 and double staked per 518-2 double. Emergencv / "On Call" Work - o Contractor shail be required to provide emergency/"on call" response to hanging Iimbs, wind damaged or downed trees. This may be at night or during storm or other bad weather conddions. The contractor will 6e given specific locations and the work to be done at each iocation via a telephone call from a City authorized representative. The contractor shall be required to start the work indicated within sixty (60) minutes of the initial telephone call and report back to the City representative upon completion of the work specified. o The contractor is required to provide a 24-hour emergency phone number and/or names of a minimum of two (2) contact individuals withln one week of award of contract Should the phone number or contact person(s) change during the course of the coMract it will be the responsibility ot the contractor to notify the City. In the evenl ihe contractor cannot be contacfed or fails to respond a penalty of $1,000.00 per incident will 6e deducfed irom future contracto� payments. o The contrector shall be required to provide all traffic control required during any emergency operations. Should the work involve any high voltage lines the contrector shall be required to notify the responsible utiliry company. o Work pertormed under the emergency provision of this contract shall be paid for on a time and materials basis. This shall include all Iabor, tools, equipment, disposal fees, and matenais necessary for completing the emergency work. Schedule of Work and Hours of Oqeration a. Contractor will 6e required to commence work within ten ('10) working days of award of contract. The contractor sha�l, prior to commencing work, submit and gain approval of a weekiy work schedule indicating the order and location of Work. b. The generai hours of operaiion sha�l be 9:00 a.m. to 3:00 p.m. on major streets and 8:00 a.m. to 4:00 p.m. on residential streets with respect to any chipping, CITY OP TEMECULA TREE TRIMMING ANO MAINTENANCE SERVICES cutting, or other operations generating harsh or unusual noise. The days of operation shall be Monday through Friday. No work shall be performed on Saturdav or SundaV or Citv Holidavs unless authorized bv the Citv. c. In addition, the contractor shall meet with City representative(s) on a pre- scheduled monthly basis. Ciean Uq 1. Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns, and the sweeping of sidewalks and streets. 2. Each day's scheduled work shall 6e completed and cleaned up and under no circumstances shall anv brush leaves debris or equioment be left on the street overniqht. Contractors equipment may be stored overnight, with advance approval, in the City Maintenance Yard; bowever, the City will not be responsible for security of contractor's equipment. 3. � Brush and debris shall be removed daily. sidewalks swept, Iawns and medians raked, and gutters cieaned. 4, The City representative/s shali be the sole judge as to the adequacy of the clean up. Disoosal of Materials o� Debris 1. Alf tree branches, brush, tree trunks and other materials produced as a result of the contractors operations under this contract wi�� be reduced, reused, recycled, and/or transformed. Anv debris or materials �eouirinp tlisposal shall not be deposited in a landfill. 2. Reducing will include, but is not limited to chipping, grinding, and/or shredding operations. Reusing will include, but is not limited to using chipped, ground, or shredded tree material as mulch. Recycling will include, but is not limited to chipped, ground, or shredded tree material used to produce compost. Transformation will include but is not limited to fire wood that is too large to be chipped, ground or shredded for use as mulch. Inspection The Ciry representativels, shall at all times, have access to the work and shall be furnishetl with every reasonable facility for ascedaining full knowledge respecting the progress, workmanship, and charader of matarials and equipment used and employed in the work. The inspection of the work shall not relieve the contractor of any of his/her obligation to fWfill the contrect and/or complete the project described. Defective work shall be made well notwithstanding the fact that such defective work may have been previousty overlooked by the City representativels and accepted for payment. CITY OF TEMECULA TREE TRIMMING AND MAINTENANCE SERV�CES Periodicaliy inspect the work to assist in ensuring the work meets City standards. Brochures Contractor will provide brochures that are acceptabie to the City representative/s that describes the iree trimming process and are readily accessible to the citizens of Temecula. Sample brochures must be fncluded with submitted proposal. Public notice of the tree trimming program will 6e supplied by the contractor with final appwval by the City represeMativels. Tree Inventorv Database Contractor shall provide and maintain a computerized tree inventory system of all trees serviced for the City during the term of this contract The contractor shall provide the City with a state of the art recortl keeping software system that allows the City to monitor and maintain information regarding our urban forest maintenance program. The system shall provide detailed information which indudes GPS location of trees, species, site Information, work historles, service requests, and summary reports. The City currently utilizes the Arbor Access tree inventory system. Special consideration will be given to contractors who utilize this system or can provide a compatible database. Pictures Contractor is to supply, at no cost to the City, pictures of "before" and "aRer" trimming that is suitable for reproduction when requested by the City. Safetv L Contractor shall conform to ail City of Temecula Traffic Safety requirements and operating rules at a�i times while this contract is in effect using Cai Tran's standards for safety and traffic control. 2. Coniractor will be responsible for supp�ying and using all safety equipment necessary to close or delineate traffic lanes to through trefiia This is to inciude a high visibiiity solar Arrow Board with no exception. All traRic satety equipment must be approved for use, Prior to utilization, by the City. 3. A traffic control plan will be submitted to the City representative/s at least five (5) days prior to starting this contract. 4. Iliuminated arrow boards, sign standards, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety. Sians Contractor shall equip each vehide used in the City with signs that read, "Tree Maintenance Services Contractor for the City of Temecuta". CITYOFTEMECULA Exhibit B TREE TRIMMING AND MAINTENANCE SERVICES EXHIBIT A Pricing Form SERVICE UNIT PRICE UNIT DESCRIPTION STREET TREE TRIMMING - CLEARANCE TRIM $ 19.00 each STREET TREE AESTHETIC TRIMMING - FULL TRIM $ 49.00 each PARKISLOPE TREE AESTHETIC TRIMMING - AERIAL $ 69.00 each UNIT PARK/SLOPE TREE AESTHETIC TRIMMING - CLIMBER $ 79 0o each PALM TREE TRIMMING , $ 49.00 each COMPLETE TREE & STUMP REMOVAL $ 19.00 diameter inch COMPLETE TREE REMOVAL ONLY $ 14.00 diameter inch STUMP REMOVAL $ diameter inch 5.00 ROOT PRUNING WITHOUT ROOT BARRIER $ 49.00 each ROOT PRUNING WITH ROOT BARRIER $ 99.00 each 10' X 18" DEEP ROOT OR EQUIVALENT TREE PLANTING: ' 15 gal. w/root barrier $ 125.00 each 15 gal. wlo root barrier $ 105.00 each ' 24 inch box w/root barrier $ 225.00 each ' 24 inch box w/o root barrier $ 200.00 each ; waterin g 379.00 da CREW RENTAL - 3 MEN, AERIAL UNIT, DUMP TRUCK $ hour & CHIPPER 135.00 CREW RENTAL - 2 MEN, AERIAL UNIT, DUMP TRUCK $ g0.00 hour & CHIPPER CREW RENTAL -1 MAN $ 45.00 hour EMERGENCY WORK CALL OUT - 3 MEN INCLUDING S 210.00 hour ALL NECESSARY EQUIPMENT, DISPOSAL FEES, AND � ZERO MATERIAL MARK-UP ( � It is intended that any other public agency (e.g., city, county district, public authority, public agency, municipaiity, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. � i � � � � Item No. 10 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: July 12, 2011 SUBJECT: Settlement of Eminent Domain Proceeding: Litigation City of Temecula v. Borchard-Temecula, L.P., et al. (Riverside County Superior Court Case No. 519298) for the Pechanga Parkway Storm Drain Improvements — Environmental Mitigation (Project No. PW 99-11 EM) PREPARED BY: Amer Attar, Principal Engineer Paula Gutierrez Baeza, City Attorney's Office RECOMMENDATION: That the City Council: 1. Approve the following document, substantially in the form attached: Stipulation for Entry of Final Judgment in Condemnation and Final Order of Condemnation and for Withdrawal of Funds on Deposit Submitted by Plaintiff City of Temecula and Defendant Borchard-Temecula, L.P. 2. Authorize the City Manager to approve and execute any necessary documents and to take all necessary actions to complete this acquisition. 3. Authorize the Finance Director to issue a warrant for the sum of $20,558.00 payable to Borchard-Temecula, L.P. pursuant to the attached Stipulation for Entry of Final Judgment and Final Order of Condemnation. 4. Authorize the Finance Director to issue a warrant in an amount not to exceed $10,000 to the State of California for litigation fees and costs, if any, ordered by the Superior Court for dismissal of a defendant pursuant to Code of Civil Procedure Section 1268.610. BACKGROUND: The City filed the eminent domain proceeding entitled City of Temecula v. Borchard-Temecula, L.P. (Riverside County Superior Court Case No. RIC 519298) on February 17, 2009 to acquire by eminent domain certain real property interests from the real property identified as Assessor's Parcel Number ("APN") 961-450-014 ("larger parcel") for a public use, namely conservation purposes and all uses necessary or convenient thereto in connection with the Pechanga Parkway Storm Drain Improvements — Environmental Mitigation (Project No. PW 99- 11 EM) ("ProjecY'). Borchard-Temecula, L.P., a California Limited Partnership was the fee record owner of the larger parcel when the City filed the complaint. The City filed the complaint to acquire an approximate 1.70-acre (74,251 square foot) permanent conservation easement; an approximate 0.52-acre (22,648 square foot) area of an existing dirt road that the City proposed to use as an access and water line easement; and an approximate 0.58-acre (25,007 square foot) grading easement that the City proposed to use to connect the 1.70-acre conservation easement area and the 0.52-acre access and water line easement area. The City named the State of California as a defendant in this proceeding because certain recorded conservation easement interests in favor of the State were recorded against the larger parcel. The 0.58-acre area the City proposed to acquire completely overlapped the State's conservation easement area. In addition, an approximate 15,948 square foot portion of the 0.52- acre (22,648 square foot) area the City proposed to acquire overlapped the State's conservation easement area. Thus, the City's Project would have impacted the State's conservation easements. Borchard-Temecula requested thatthe City acquire the fee interest instead ofthe easement interest in the approximate 1.70-acre conservation area in this proceeding. The City notified all named defendants of this request and no defendant objected to the City's fee acquisition of the 1.70-acre area. On November 9, 2010, the City and Borchard-Temecula entered into a Purchase and Sale and Donation Agreement and Joint Escrow Instructions Between the City of Temecula and Borchard-Temecula, L.P. Regarding the Real Properties Identified As Riverside County Tax Assessor's Parcel Numbers 961-440-007, 961-440-008, 961-440-009, 961-440-012 and 961-450- 014 (Conveyance of Open Space Land). Pursuant to this Purchase and Sale and Land Donation Agreement and the Grant Deed recorded on December 29, 2010 as Document Number 2010- 0623487 of Official Records of the County of Riverside, the City of Temecula acquired from Borchard-Temecula several properties in fee, including the 35.05-acre larger parcel (Assessor's Parcel Number 961-450-014) of which the approximate 1.70-acre fee area ("1.70-acre subject property") is a part. Pursuant to the Grant Deed, the City acquired a fee interest in the entire approximate 35.05-acre larger parcel, except forthe 1.70-acre subject property. The City acquired the properties described in the Grant Deed subject to the existing easements recorded against the properties, including the State's conservation easements recorded against the larger parcel. See Civil Code § 1104 (providing that a transfer of real property passes all easements attached thereto). The City and Borchard-Temecula agreed that title to the 1.70-acre subject property would vest in the City on the recording of a Final Order of Condemnation in this proceeding. Accordingly, pursuant to the Grant Deed, the City became the fee owner of the remaining portions of the larger parcel, including the proposed approximate 0.58-acre area that was proposed as a grading easement and the approximate 0.52-acre area of an existing dirt road that was proposed for use as an access and water line easement. Based on field inspections conducted by City staff and staff from the State Department of Fish and Game, Regional Water Quality Control Board and the U.S. ArmyCorps of Engineers and a watertable test conducted in 2010 on the 1.70-acre subject parcel, it was determined that itwas not feasible for the City to create an approximate 0.56-acre area for wetlands on the 1.70-acre parcel. The inspections and test showed that it was not feasible to excavate portions of the 1.70-acre subject propertyto the water table level because anysuch excavation would have to be greaterthan a depth of eighteen (18) feet. The City discussed these findings with the resource agencies and determined that even though it was not feasible for the Cityto use portions of the 1.70-acre subject property for the creation of wetlands, it was still feasible for the City to use the 1.70-acre area for conservation purposes and all uses necessary or convenient thereto, which is consistent with the City's stated proposed public use of this area. Thus, it was not necessary for the City to use the portions of the 0.52-acre or 0.58-acre areas described in the Complaint that overlapped with the State's conservation easements for the City's conservation uses of the 1.70-acre subject property. The City agreed that it would continue to work with the resource agencies on finding a different site for the creation of the required wetlands. The City anticipates that it will be able to create the required wetlands on a portion of the parcels that it acquired from Borchard-Temecula pursuant to the Grant Deed. The City proposed that the City, State and Borchard-Temecula enter into a Stipulation for Judgment in this proceeding. The State indicated it would not execute a Stipulation for Judgment and requested that the City dismiss the State. It also indicated that it might request reimbursement for its litigation expenses pursuantto the dismissal. The City recently dismissed the State pursuant to the State's request and because the construction of the Project would no longer impact the State's conservation easements. Further, the City had acquired the 0.52-acre and 0.58-acre areas in fee pursuant to the Grant Deed. The City and Borchard-Temecula reached a tentative settlement in this proceeding, subject to approval by the City Council. Summarv of Proposed Settlement Terms with Borchard-Temecula Pursuant to the attached Stipulation for Entry of Final Judgment and Final Order of Condemnation Submitted by Plaintiff and Defendant Borchard-Temecula, L.P., the City would pay Borchard-Temecula, L.P. the sum of $50,808.00 (Fifty Thousand Eight Hundred Eight Dollars) as the total just compensation in this proceeding, inclusive of statutory interest, attorney's fees, severance damages, any other damages, and costs as a full and final settlement of any and all of Defendant Borchard-Temecula's claims arising out of or in connection with the City's acquisition of the 1.70-acre subject property, the Project for which the City is acquiring the subject property and this eminent domain proceeding. Borchard-Temecula would withdraw the $30,250.00 (Thirty Thousand Two Hundred Fifty Dollars) principal on deposit with the Court in this proceeding and the Citywould issue to Borchard-Temecula a warrantforthe sum of $20,558.00 (TwentyThousand Five Hundred Fifty-eight Dollars). The Stipulation for Final Judgment further provides that Borchard- Temecula releases the City from all claims, damages, liabilities, actions based upon or arising in connection with the eminent domain proceeding, the City's acquisition of the subject property interests and the Project. If the State files a cost bill for reimbursement of its litigation expenses in this proceeding, the Citywould be required to paythe litigation expenses, including reasonable attorney'sfees, ordered by the Court pursuant to Code of Civil Procedure Section 1268.610. The City will have the opportunity to review the cost bill and file an opposition. It is unclear whether the State will seek such expenses. If it does, the City does not expect the State's litigation expenses to exceed $10,000. FISCAL IMPACT: The Pechanga Parkway Environmental Mitigation, Project Number PW99-11 EM is identified in the City's Capital Improvement Program, Fiscal Years 2012-2016 and is funded with the Wolf Creek Community Facilities District (CFD 03-03). Pursuant to the attached Stipulation for Entry of Final Judgment and Final Order of Condemnation between the City and Borchard-Temecula, L.P., the total just compensation that the City shall pay in connection with this acquisition is $50,808.00, inclusive of statutory interest, attorney's fees and costs. The City deposited with the Riverside County Superior Court the sum of $30,250.00 as the amount of probable compensation when it filed the eminent domain proceeding. The City would need to pay an additional $20,558.00 to Borchard-Temecula, L.P. to complete this acquisition. Further, the City may be ordered to pay the litigation expenses of the State pursuant to Code of Civil Procedure Section 1268.610. Sufficient funds are available in Account No. 210-165-516-5700. ATTACHMENTS: 1. Stipulation for Entry of Final Judgment in Condemnation and Final Order of Condemnation and for Withdrawal of Funds on Deposit Submitted by Plaintiff City of Temecula and Defendant Borchard-Temecula, L.P. 2. Property Location E� I RIUTARI�S, WA1SO�r & UTRSHON h Prof� ss�o�7al C or}�orahc�n '� Pni LA C�L�`TIERRI -7 B.��LA {Bar No. 198G53) � ,; pbae�a,'rt i �i Qiai��.coi7� �� 1 �i�ic�t cnter Circ(e, PC)13ax 1459 i Brea. C:alifornia 92822-IO�9 4 �, "I'ele}�h�ne: 71�}.990.O901 � Facsttnile: 71a990.623Q 5 � t�ttonie}s for Piaintiff 6 � CITY C)F TL:MLCUL.41 7� 8 SUPERlOR GOUR"T OF TFIE STATE OF CAL,IFOI2NIA 9 COUNTY OF RIVERSIDE lp z � 11 CITY OF TEMECULA, a municipal � Case No. RIC 519298 o ° corporation, v�, d] 2 HON. JIIDGL CRAIG G. RIEMER w � PlaintifY, DEPT.OS _�? < I 3 v. z° STIPULATION FOR ENTRY OF F7NAL ° 0 14 BORCHARD-T�MECULA, L.P. a NDGMENT IN CONDEMNATION '—� a Califc�rnia �.imited Partnership; AT'&7' i AND FTNAL ORDER OF �` I S CORP.; SOUTIIERN CALIFORNIA GAS ' CONDEMNATION AND FOR �„ � COMPANY; STATE OF Cl�LIFORNIA; � WITHDRAWAL OF FUNDS ON ° a 16 VERIZON CAI.,IFORNIA INC.; DOES 1 i DEPOSTT SUBMITTED BY PLAINTIFF z� "['ITROUGH 100, inclusive, �nd ANY AND ' C1TY OF TEMECLTLA AND �� 17 ALL P�RSONS UNKNOWN IIAVING DEFENDANT BORCHARD- � a OR CLAIMING TO HAVE ANY TI"TLE TEMECULA, L.P. ��' 18 OR INTERTST IN OR 'i'O THE 'Y PROPER"I'Y SOUGH"I' TO BE �[(PROPOSED) ORDER APPROVING 19 CONDEMNED I�REIN, STIPULATIO]V FOR ENTRY OF FINAL ' JUDGMENT AND FINAL ORDER OF 20 Defendants. CONDEMNATION AlV'D AUTHORIZiNG THE WITHBRAWAL 21 ; OF FU1V'DS ON DEPOSTT FILED �, � CONCURRENTLY HEREWITH� � I 23 �[Exett�pt fi�on� filina Fees pursuantio Go41�.. Code § 6103] 24 [APN 961-450-014 (formerly identified as � APN 961-0 l 0-076}]] 25 i 26 ,� � a i. Status Conferenee 27 � D�te: October 2l. 2011 'I'ime: 830 a.n�. 28 � Deut: OS Stipalation for Entry af Final Judgment a�d Fi�al Order of Condemnation I1086-0758V1323767vA.doc I Plaintiff City of Temecula ("Plaintit�" or "City") add Defertdant Borchard- 2 Temecaia, L.P., a California Limited Partnership ("Borchard-Temecula"} hereby stipulate 3 and agree as follows: 4 t. fihe City filed the ComplainC in Eminent Dt�main ("Complaint") herein on 5 February l7, 20Q9 to acquire by eminent domain for a publie use, namely conservation b purposes and all uses necessary or convenient thereto, certain real property interests from 7 the real property, whieh is a vacant lot located along the northern side of Temecula Creek, 8 inciuding a portion of the floodway, east of Jedediah Smith Road in the City of Temecula, 9 and identified as Riverside County Tax Assessor's Parcel Number 4b1-450-014 ("larger 1� parcel"} in connection with the Pechanga Parkway Storm Drain Improvements — 0 0 11 Environmenta] Mitigation (Project No. PW 99-I lEM) ("Project"). At the time the City �� 12 fited the Complaint herein, the larger parcel was identified as Riverside County Tax w g �? � 13 Assessor's Parcel Number 961-010-076. z ° ° 0 14 2. The Complaint described the real property interests the City seeks to aequire ¢d �; 15 from the larger parcel as an approximate 1.70-acre (74,251 square foot) permanent � � °� 16 eonservation easement that the City proposed to use to create approximately 1=14 acres of 4 = 17 ri arian habitat and 0.56 acres of wetlands• an a "° P , pproximate 0.52-acre (22,648 square foot) � < %� 18 area of an existing dirt road that the City proposed to use as an access and water line .v� 19 easement; and an approximate 0.58-acre (25,007 square foot) grading easement that the 20 City proposed to use to connect the conservation easement area and the access and water 21 line easement area. 22 3. At the time the City filed the Complaint herein, Borchard-Temecula was the 23 sole record fee owner of the larger pare�l. 24 4. Borchard-Temecula requested that the City acquire the fee interest instead of 25 the easement interest in the approximate 1.70-acre (74,251 square foot) eonservation area 26 Chat the City would use for conservation purposes and all uses necessary or eonvenient 27 thereto. Plaintiff advised the remaining named defendants of Borchard-Temecula's request. 28 Said defendants did not notify the City of any objection regarding the City's aequisition of -2- Stipulation for En[ry of Final Judgment and Fina! Order of Condemnation 1 the fee interest instead of the easement interest in the 1,70-acre conservation area. 2 Accordingly, the CiYy and Borchard-Temeeu(a agree, that wiCh the Court's approval, the 3 City will acquire in fee the approximate I.7�-acre (7�,251 square foat) area that the Gity 4 would use for a pub(ic use, namely for conservation purposes and all uses necessary or 5 convenient Chereto. The approximate 1.70-acre (74,251 square foat) area that the City is 6 acquiring in f'ee in this eminent domain proceeding is referred to below as the "subject 7 propertp" and is described more particularly in paragraph 16 below. 8 5. Pursuant to a Grant Deed executed by Barchard-Temecula on December 21, 9 2Q10 and recarded on December 29, 2010 as Document Number 2010-0623487 of Official 10 Records of the County of Riverside, the City of Temecula acquired from Borchard- 0 0 11 Temecula several properties in fee, ineluding the 35.05-acre larger pareel (Assessor's � g 12 Parcel Number 9b 1-450-014} of which the approximate 1.7Q-acre subject property is a part. u, g �? = 13 A true and correct copy of the Grant Deed is attached as Exhibit "C" hereto for the Court's z ° ° 0 14 convenience. Pursuant to Che GranC Deed, the City acquired the entire approximate 35.05- 4 a 3 3 15 acre larger parcel in fee, except for the 1.70-acre subject property. The City and Borchard- u, s °� 16 Temecula agreed that title to the I.70-acre subject property would vesC in the City on the � � ¢w = 17 recordin of a Final Order of Condemnation in this roceedin Accordin 1 �' ° g � q p g. g y, pursuant to yy 18 the Grant Deed, the City became the fee owner of the remaining portions of the larger i 19 parcel, including the proposed approximate 0.5&-acre (25,007 square foot) area thaC was 20 proposed as a grading easement and the approximate 0.52-acre (22,648 square foot} area of 21 an existing dirt road that �vas proposed for use as an access and water line easement. 22 6. Borchard-Temecula wanants that it is the sole record fee owmer of the 1.7fl- 23 acre area cornprising the subject property. 24 7. The City named the State of California as a defendant in this proceeding 25 based on certain easements in favor af the State that are recorded against the larger parcel. 26 The City acquired the fee interest in the real properties described in the Grant Deed, subject 27 tc� the State's easements reeorded against the Iarger parcel, which inciude the follo�ving 2� lll -3- Stipulation f'or Entrg of Fii�al Judgment and Final Order of' Condemnation iina<n�ca�i»zv��... �" 1� easemeais descri6ed below. See �ivil Code � 1104 (providing that a transfer of real 2 properCy passes all easemen�s attached theret�). 3 a. An easement far conservatian purposes and incidental purpases, 4 recorded on December 21, 1945 as Instrument No. 42�257 of Offieial Recards of the 5 Cou�ty of Riverside. 6 b. An easement far conservation and incidental purposes, recorded on 7 October $, ] 997 as Instrument No. 365277 of Official Records of the County of Riverside. 8 8. All of the named defendants in this proceeding were served or dismissed. 4 Defendant Borchard-Temecula is the oniy named defendant remaining in this proceeding. 10 9. Defendant Southern California Gas Company filed a Disclaimer of Interest 0 o i l herein on Aprii 1, 2009, disclaiming any right, title or interest in or to the real property � � a 12 interesfs or to the just compensation to be awarded for the real property interests that are the Wa `� < 13 subject of this proceeding. — z z ° °� 14 10. Defendant Verizon California lne. filed a Verified Answer to the Complaint ¢a � 3 15 on Apri( 17, 2009. Verizon filed a Disclaimer of Interest herein, which was executed on cn � < 16 June 9, 2009, disciaiming any right, title or interest in or to the real property interests or to � T ¢w �� 17 the just compensation to be awarded for the real property interests that are the subject of � < %!,' 1$ this proceeding. =yi 19 11, Defendant Pacific Bell Telephone Company (Doe 1) filed a Verified Answer 20 ta the Complaint on April 16, 2009. Defendant Pacific Bell Telephone Company (Doe i) 21 filed a Disclaimer of Interest in Reai Property and Consent to Dismissal by Paeific Bell 22 Telephone Company pursuant to Code of Givi1 Procedure Section 1250.325, which was 23 executed on July 22, 2009, disclaiming any interesi in, or compensation for, the reai 24 property interests tfiat are the subject of this proceeding. 25 12. On June 8, 2011, the Court duly entered Che dismissal of Defendants Does 2 26 through 100, Inelusive, Defendants Any and All Persons Unknawn Having or Claiming to ?7 Have Anv Title or Interest in or to the Property Sought to be Condemned Hereia, and 2$ Defendant State of California. -4- Stipulation for Entry of Final Judgment and Final Order of Condemnation i �no< n i<o� i:i»cv..n ,o.,. 1 13. On February 19, 2fl09, the City deposited with the Clerk of khe Court 2 pursa�nt to Code of Civi4 Proctdure Sectian t255.02C1 et seq. the sum of $30,2�4.00 ('I'hirty 3 1'housand T�vo Hundred Fifry Dollars} as the prohable am�unt of �;ompensation for the real 4 property interests thai are the subject of this proceeding. 5 14� No party has �vithdrawn any portion of said deposit. Defendant Borchard- 6 Temecula desires to 1�Fithdraw the principal on deposit herein as set farth below in 7 paragraph 37.a. S I5. The City and Defendant Borchard-Temecula have agreed to fully resolve all 9 af said Defendant's cfaims arising in connection with or out of the City's acquisition af 14 subject property, the Project for which the City is acquiring the subject property, and this Z � I I proeeeding pursuant to this Stipulation for Entry of Final Judgment in Candemnation and o ° � � s 12 Fina( Order of Condemnation and for Withdrawal of Funds on Deposit ("Stipulation for w � `? � 13 Final JudgmenC"}. This Stipulation for Final Judgment is made with respect to ail claims z ° ° 0 14 arising out of or relating to the City's acquisition in fee of the 1,70-acre subject property Q a ? 3 I S described more particularly below, the Project for which the City is acquiring the subject ut a �° „ 16 property, and this eminent domain proceeding. ¢W � G 17 16. The approximate 1.70-acre subject property that the City is acquiring in fee �Y 18 for a pubiic use, namely for conservation purposes and all uses necessary or convenient is —! 19 described as fallows: 20 PARCEL °°A" CONSERVATION AREA IN FEE 21 BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL 22 `B" OF THE "WBTLAND CR�ATION AREA" AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED 23 NOVFMBER 14, 2001 AS INSTRU�IENT NO. 56144Q QFFI�IAL RECORDS OF SAID COUNTY, SAID PflINT ALSO BEING ON 24 THE NORTHERLY LINE QF THE "WILDLIFE CONSERVATION EASEMENT" AS DESCRIBED IN tNSTRUiVIENT NO. 366277, 25 REC�RDED OCTC78ER 8, 1997 OFFICIAL RECORDS OF SAID COUNTY; 26 THENCE �10R'TH 60°30'00" WEST, 6317 FEET (NORTH 27 60°31'OS" WEST, 63.17 AS RECORDED IN SAID INSTRUMENT NQ 561440) ALONG THT NORTHERLY LINE OF SAID 28 PARCEL `B", "WETLAND CREATION AREA" TO THE BEGINNING t7F A TANGENT CURVE CONCAVF, -5- Stipulation for Entry of Fina! Judgment and Final Order of Condemnation 1 SOiJTHERLY, H�VING A RADIUS C3F 19d.Q0 FEET; 2 THENCE Vv'ESTERLY .AI,flNG SAID CURVE AND SAII7 i*IORT�TERLY LII�TE O� PARGEL "B" "WETLAND CREATION 3 AREA" THROUGH A CENTRAI. ANGLE OF 33°12'S0", AI*�' ARC LENGT`H OF 110. t4 FEET; � 4 THE2v`CE SOUTH &6°17'10" WEST, 131.69 FEET ALONG SAFD 5 NQRTfiERLY LINE OF PARCEL "B", "RIETLAND CREATION AREA" TO THE BEGINNING OF A TAi*1GENT CLTRVE 6 CONCAVE NORTHERLY, HAVING A RADIUS OF 190.00 FEET; 7 THENCE WESTERLY ALONG SAID CURVE AND SAID NQRTHERLY LINE OF FARCEL "S", "WETLAND CREATION 8 AREA" TI A CENTRAL ANGLE OF 30°1Q'OT', AN ARC LENGTH OF 100.04 FEET; 9 THENCE NORTH 63°32'43" WEST, 23.37 FEET ALONG SAID 10 NORTHERLY LINE OF PARCEL "B", "WETLAi�ID CREATION AREA" TO THE BEGINNING OF A TANGENT CURVE a � 11 CONCAVE SOUTHERLY, HAVING A RADIUS OF SOO.dO FEET. o° �� 12 THENCE WESTERLY ALONG SAID CURVE AND SA1D N a W� NORTHERLY LINE OF PARCEL "B", "WETLAND CREATIQN �° < 13 AREA" THROUGH A CENTRAL ANGLE OF 25°54'49", AN ARC o° LENGTH OF 226.87 FEET; v, 0 14 THENCE LEAVING SAID NORTHERLY LINE OF PARCEL "B", � 3 15 "WETLAND CREATION AREA" SOUTH 86°54'37" EAST, 0 4 548.70 FEET; � ,� 16 _� THENCE SOUTH 82°38'40" EAST, 224.77 FEET; � � 17 "� a THENCE SOUTH 89°34'2T' EAST, 4$439 FEET TO A POINT ON �� 18 THE NORTHERLY LINE OF SAID "WILDLIFE =� CONSERVATION EASEMENT"; 19 THENCE SOUTH 55°52' 16" WEST, 64.65 FEET ALONG THE 20 NORTHERLY LINE OF SAID "WILDLIFE CONSERVATION EASEMENT"; 21 THENC� SOUTH 72°53'4�" WEST, 20t.78 FEET ALONG THE 22 NORTHERLY LINE OF SAID `�VILDLIFE C(�NSERVATIflN EASEMENT' ; 23 THENCE NORTH 85°45'31" W'EST, 386.01 FEET ALONG "I'��E 24 NORTHERLY LINE OF SAID "WILDLIFE CONSERVATION EASE;v1ENT" TO THE POINT QF BEGI3tiNIN�. 25 CONTAINING ?4,251 SQUARE FEET OR 1.70 ACRES MORE 26 OR LLSS. 27 The approximaYe 1,70-acre area the City is acquiring in fee is described on E�ibit 28 'A" hereto labeled "Parcel "A" ConservaTion Area in Fee" and is depicted on Exhibit "B" Stipulation far Entry of Final Judgm nt and Final Order of Condemnation 11/19L /1�GQ11'Ih]�/[�1..A A.�.. 1 hereto labeted "Conservation Area in Fee", which E�sibits are incorporated heeein by this 2 reference. 3 17. Borchard-Temecula warrants that the party signing belotiv an beha[f of 4 Borchard-Temecula is authorized to (egally bind Borchard-Temeeula. 5 1&, Borehard-Temecula also warrants that it is aware of no other person or entity b that has or claims any right or entitletnent by lien or otherwise to the subject property or to 7 the just compensation to be awarded for said area other than the named defendants in this 8 proceeding, which named defendants have resolved Cheir respective claims as discussed 4 abave. Borchard-Temecula further warrants that it has paid to the Riverside County Tax 10 Collector all real property taxes and penalties and delinquencies on the subject property up Z � I 1 to the date on which this Stipulation for Fina( Judgrnent is executed by Borchard-Temecula. o ° �� 12 Borchard-Temecula further warrants that it will defend and indemnify the City in the LL, � `� < 13 amaunt of any such due and unpaid real property taxes, penalties and costs, including any —� z ° ° 0 14 legal fees and costs incurred by the City in connection with any such unpaid real property Q a �� 15 taxes, penalties and costs. � � q r 16 19. On April 16, 2003, the City and the State Department of Fish and Game � a 17 entered into an Agreement Regarding Proposed Strearn or Lake Alteration (Notification No. %� 18 6-2003-069} in connection with mitigation required by the City for diversion ar obshuction =y? 19 of the natural flow of, or change in the bed, channel or bank of, or use of material from the 20 Wolf Valley Creek Channel, south of State Highway 79 South, north of Pechanga Road, 2 t adjacent to Pechanga Parkwa}�, tributary to Temecula Creek (referred to below as 22 "Streambed Alteration AgreemenY'). The City filed this proceeding to acquire property 23 interests neeessary to satisfy the miti�ation o�+ligations under the Streambed Aiteratior. 24 Agreement and mitigation required by the United States Army Corps. of Engineers and the 25 Regionai Water Quality Control Board in connection with the City's construction of the 26 Pechang�a Parkwa3� Phase II Improcements. The Streambed Alteration Agreement required 27 the creation of 0.56-acres of �uetlancis and 1.14 acres of riparian habitat. The City proposed 2 Q I !l -7- Stipulation for Entry of Final Jndgment and FinaJ Order of Condemoation i t na<_n �<4� i a�»��..a a_ _ 1 to create the 1.14 acres of riparian habiCat and the O.Sb-aeres of �vetlands on the 1.70-acre � 2 subject property. 3 2Q. 'I�he City and represenkatives of the respective resource agencies, including � the State Department of Fish and Game, Regioaal Water Quality Contro} Board and the 5 United States Anny Corps. of Engineers, met at the subject property and inspected the fi subject property and the larger parcei af uhich it is a part [o discuss the City's proposed 7 plans for the 1.7a-acre subject property. Based on the field inspections �vith the 8 representati�es of the above resoarce agencies, the City's consultant conducted tests of the 9 water table to determine the feasibility of creating wetlands on portions of the 1.70-acre 10 subject property. The water table tests included the installation of two peizometers at O o 11 different portions of the 1.70-acre area. One peizometer was installed on the proposed � g 12 grading area (MW 1 at floodway). Another peizometer was installed in a nearby mitigation u, � �? � 13 area that the City previousty established for the creation of wetlands but which was not z ° °� 14 successful. The consultant's report indicated that water was not found for up to twelve (12) Q a � 3 15 feet below the existing surface. The consuitant used hand auger and a peizometer for the � � � W 16 tests to not disturb the subject property. This method can test to a maximum depth of �� 17 twelve (12) feet below the surface. The surface elevation of MW I(floodway) is about six � 4 �Y 18 (6) feet below MW2 and MW3, which is the prevalent elevation of Temecula Creek. The _� 19 tests showed that if the water table is measured from the prevalent elevation of Temeeula 20 Creek at the proposed portions of the subjeet property, water would not have been found 21 even at a depth of eighteen (18) Peet. 22 21. Based on the field inspections and resuits ofthe water table tests, it was 23 determined that it ti�as not feasible to excavate portions of the I.74-acre subject pro�erty to 24 the water table level because any such excavation would have to be greater than a depth of 25 eighteen (18) feet. The City discussed these findings with the above resaurce agencies, It 26 was determined that even though it was not feasible for the City to use portions of the L70- 27 acre subject properry for thz creation of ��etlands, it tii�as still feasible for the CiCV to use tlte 28 ,'i! -8- Stipulation for Entry of Final Judgment and Final Order of Condemnation 1 1.70-acre area for conservation purposes and all uses necessary ar eanvenient thereto, 2 �vhich is consistent with the City's stated prQposed pubtic �se of ihis area. 3 22. The City's fee aequisition of the reinaining portions of ihe larger parcel 4 pursuant to the Grani Deed uas sub}ect to the conservation easemenis recorded in favor of 5 the State and any other recorded easements. There is no overiap between the State's 6 conservation easements recorded against the larger parcel and the 1.70-acre subject 7 property. Accordingiy, if the City had sought to acquire only the 1.70-acre subject property S�vhen it filed this proceeding, ii would not have named the SCafe as a defendant because the 9 State's conservation easements do not overlap the 1.70-acre subject property. In such case, 10 the City and the State would have resolved any mitigation issues azising out of the City's z o 11 obligatians under the Streambed Alteration Agreement pursuant to an Amendment to the o� � � 12 Streambed Alteration Agreement. w4 �<" 13 23. The City named the State of California as a defendant in this proceeding — � z ° ° 0 14 because the State's reeorded conservation easements on the larger parcel overlap with ¢d �� 15 portions of the 0.52-aere and 0.58-acre easements the City originally sought to acquire from v, s ¢� 16 Borchard-Temecula in this proceeding. Specifically, the approximate 0.58-acre (25,007 � x 17 s uare foot radin easement that the Cit q q ) g g y proposed to acquire in this proceeding is located %� 18 within the Temecula Creek floodway and completely overlaps the State's existing i 19 conservation easement area. An approximate 15,948 square foot portian of the 0.52-acre 20 (22,64$ square foot) area the City proposed to use as an access and water line easement 21 overlaps the StaCe's existing conservation easement area. As indicated above, the City 22 acquired the fee interest in the properties described in the Grant Deed, including the abo��e 23 areas, subject to the Stake's recorded interesCs ir These areas. $ased on the water tests 2� described above and the recommendation of the resource agencies, fhe City is not using the 25 areas of the State's easements that overlap with the 0.52-aere and 0.58-acre areas in 26 conneetian �vith the City's public use of Che 1.74-aere subjeet property. 27 24. The City has not taken possession of the 1.70-acre subject property. The 28 parties agree that the effective date of possession of the 2.70-acre subject prt�perty is the - -9- Stipulation for Entry of Fi�al .iudgment and Final Order of Condemnation l date on �vhich this Fu3ty executed STipulation for Fina3 IudgmenE is filed u�ith Che Coart 2 ("date oYa�gorti�nmenY'}. 3 25. The parties agree that the City is not aeqniring in this eminent domain 4 proceeding the 0.58-acre (?S,Ob'7 square foot) or the approximate 0.52-acre {22,5�8 sqe�are 5 foat} area described in the Resolution ofNecessity because the City acquired the fee 6 interest in these areas pursuant to the Grant Deed. 7 26. The City and Defendant Borchard-Temeeula agree that the total just $ compensation that the Ci#y wil! pay ta or for the benefit of Borchard-Temecula in 9 connection with this proceeding is the sum of $50,$0$.d6 {Fifty Thousand Eight Hundred 10 Eight Dollars), inclusive of statutory interest, attorney's fees and costs. Z � I 1 27. The City and Defendant Borchard-Temecuta agree that the total just a ° �� 12 compensation af $50,808.00 (Fifty Thousand Eight Hundred Eight Dollars) will be paid as w g � 4 is roua�s: __ Z� °� 14 a. The Riverside County Clerk will issue a wanant for the benefit of ¢d � 3 15 Borchard-Temecula in the amount of $30,250.00 (Thirty Thousand Two Hundred Fifty v� 5 ¢ r 16 Dollars), representing the principal on deposit in this proceeding, payabie to Borchard- x � � 4 17 Temecula. L.P., and will mail said warrant by first-class mail addressed as foi(ows: N� 18 Borchard-Temecula, L.P. — � c/o John B. Heffeman 19 Heffernan & Boortz, Attorneys 23 Corporate Plaza, # 200 20 Newport Beach, California 92660 21 b. Within fifteen (15) business days of the filing of the fully executed 22 original of this Stipulation far Final Judgment with the Court, the City will issue fQr the 23 benefit of Defendant Borchard-Temecula, a �:�arrant for the sum of $20,558.00 (Twenty- 24 Thousand Five Hundred Fifty-eight Dollars} payabie to Borchard-Temecula, L.P. and will 25 mail said warrant by first-class mail addressed as follaws; 26 Borchard-Temecula, L.P. clo John B. Heffernan 27 Heffernan & Boortz, Attotney�s 23 Corporate Plaza, # 200 28 Newport t�each, Califomia 92660 -10- Stipulatio� for EnYry of Final Judgment and Final Order of Condemnation 1 28. Within fi��e {5} business days of the receipt of the wanant from the Riverside 2 Caunty C(erk descrihed above in paragraph 27.a,, Jol�n B. Heffernan will execute on behalf 3 of Borchard-Temecula and return to counsel fc�r the City an Acknowledgement of Rece'spt � of Just Compensatiott of Eminent Domain Deposit in the form attached as Exhibit "D" 5 hereto. 6 29. 4�'ithin five {�) business days of #he ceceipt of the warrant from the City af 7 Temecula described above in paragraph 27.b., John B. Heffeman w�ill execuie on behalf of 8 Borchard-Temecula and return to counse( for the City an Acknowledgement of Receipt of 4 Just Compensation of Wanant fram the City of Temecula in the form attached as E�chibit 10 "E" hereto. 0 0 ll 30. The Riverside County Clerk will issue a warrant pavabie to the City of � S 12 Temecula for all interest accrued on the $30,250.00 principal on deposit with the Court in W� �< i 3 this proceeding from the date of deposit to the date of payment and wili mail said warrant — a Z 6 ° 0 14 by first-class mail addressed as follo�vs: ¢a � 3 15 City of Temecula �n � Attention: Paula Gutienez Baeza Q N 16 Richards, Watson & Gershon _ = Past Office Hox 1059 � 4 17 Brea, Califarnia 92822-1059 %y 18 31. Defendant Borchard-Temecula expressly acknowledges that payment by the i 19 City for the benetlt of Borchard-Temecula of the total just compensation of $SQ808.00 20 (Fifty Thousand Eight Hundred Eight Dollars}, consisting of the $30,250.00 principal on 21 deposit with the Court and the $20,558.Od warrant from the City described above in 22 paragraph 27 �vill be in fult and final settlement of any and all of Defendant Borchard- 23 Temecula's clairrzs arising ou? of cr i*� eonnection with the City's aequisitioa bf the 1.70- 24 acre subject property described above and in the attached E�ibits `A" and "B", and 25 includes and satisfies any and all other payments, if any that the City may be required by 2b i lau� to pay to Defendant Borchard-Temecula in this eminent domain proceeding. The total 27 just compensation of $50,808.00 (Fifty '1'housand EighC Hundred Eight Dollars) includes 28 but is not IimiEed to any and all ciaims af Borehard-Temeeula arising out of or in ,.��,...�,.��,_.. .. -ll- � Stipalation for Enrry af Einal Jadgment and Final Order of Condemnarion 1 connactio� �uith the City's acquisition ofChe approxim�te 1.70-acre {74,251 square foot} 2 area that ihe City is acquiring in fee for canservation purposes and atl uses necessary or 3 convenient thereto, including, but not lin�ited to compensation Por the subjecc property, � se�reranee damages, costs to cure damages, inverse condemnation, precondemnation 5 damages, de facto taking, loss of goodluill pursuant to Code af Civil Procedure Section 6 1263.516, damages f'or vialatian of civil or constitutianai rights costs, IiTigation expenses, 7 expert witness fees, appraisa3 costs, attorneys fees, interest, retocation assistance and/or 8 benefits under the Uniform Relocation Assistance and Reat Property Acquisikion Policies 9 Act of 1970 (42 U.S.C. 4601 et seq.), if applicable or under Title 1, Division 7, Chapter 1 10 of the California Government Code (Section 7260 et seq.), improvements pertaining to ihe z o 11 realty, fixtures, furniture and equipment, moving expenses, abandonment costs, or any ather a� � a 12 damages of every kind and nature suffered or to be suffered by Borchard-Temecula by w� �= 13 reason of the City's acquisition of the subject property, the Project for which the City is z ° � 0 14 acquiring the subject property and this eminent domain proceeding. ¢a �� 15 32, In eff'ecring this Stipulation far Rinal Judgment, eaeh party has had Yhe °� � 16 opportunity to receiti�e full legal advice about its provisions, and each signatory hereto ¢w � Q 17 certifies that he or she has read all of this Stipulation for Final Judgment and understands �� 18 the Stipulation. This Stipulation for Final Judgment has been fuliy negotiated between the � 19 City and Defendant Borchard-Temecula and will be construed as if drafted by all parties to za �c. 21 33. Except as otherwise set forth in this Stipulation for Final JudgmenC and except 22 for any breach of terms or conditions eontained in this Stipulation for Final Judgment, 23 Defendant Borchard-T�mecula waives ar.d forever releases ;he Citg�, inci�id;'r,g its 24 successors, assigns, officers, employees, attorneys, agents, representatives and anyone 25 acting on or for the City's behalf, of and from any and alt claims, demands, aciions or 26 causes of action, (iabilities, or claims for further compensation, knc�wn or unkno�vn, based 27 tipoa or arising in connection with the Complaint in Eminent Domain herein. the Projeet for 28 whictr the CiY'y is acquiring the subject praperry or from the City's acquisition of fhe subjeet -12- Stipulation for Entry of Final Jud�ment and Final Order of Condernnation I progerty. The fQregoing �vai��er will become effective upon the entry of the Final 7udgment 2 in Condemnation in this proceeding, 3 34. By such release, Defendant Borchard-Temecula waives i[s rights, if any, � under California Civil Code Section 1�42, whieh provides, "A general release does not 5 extend to claims which the ctediEor does not know or suspect to exist in his or her favar at 6 the time ofexecuting the release, tivhich if known to him or her must have materially 7 affeoted his or her setYlement �vith the debCOr" 8 35. Defendant Borchard-Temecula agrees that, with the Caurt's approval, the 9 City is not required to file a partial abandonment in this proceeding to delete from this 10 proceeding the City's acquisition of the approximate 0.58-acre (25,007 square foot} area the Z o 1 1 City proposed Co use as a grading easement or the approximate 0.52-acre (22,64& square a� � g 12 foot) area the City proposed to use as an aceess and water line easement, The City is the LL, g "= 13 fee o�vner of these areas pursuant to the Grant Deed The parties hereby further agree that _� z ° ° 0 14 the City does not have to amend the Complaint to clarify that the City is acquiring the fee ¢ a � 4 15 interest in the I.70-acre subject property or the specific riparian or other conservation uses � � ¢ y 16 for the 1.70-acre subject property. The City's use of the 1.70-acre subject property for x� �¢ 17 conservation purposes and all uses necessary or convenient thereto, is consistent tivith the �Y 18 City's stated public use. _ ! 19 36. The parties agree that at any time following the City's receipt of the 20 Acknawledgement of Receipt of 7ust Compe.nsation of Bminent Domain Deposit described 2 I above in paragraph 28 and the City's receipt of the Acknowledgment af Receipt of 7usC 2? Compensation of �Varrant from the City of Temecula described above in paragraph 29, the 23 City may reqt��st that this �onrt enTer a Fin�l Judgme.�t in Condernnation and Finai Ord�r 24 of Condemnation in the forms attached hereto as E�ibits "F" and "G", respeetively. 25 37. This Stipulation for Final Judgment is made, exeeuted, entered into and 2b intended to be performed within the State of Califomia, and is to be construed under 27 Califomia taw. 28 /t,' -13- Stipulation for Enhy of Finai Judgment and Final Order of Condem�afion 1 3$. If any provision af this Stipulation for Final Judgment is held invalid, void ar 2 unenforceable, the remaining pro� isions w�ill nevertheless remain in fuli force and effect 3 and wili not be impaired or invalidated thereby. 4 39. The City and Def'endant Borchard-Temecula agree that Chey will eaeh bear 5 their own attorneys fees and costs in this eminent domain proceeding. 6 44. The Cify and Defendant Borchard-Temecula tivaive the right to move for a 7 new trial and to a!I other post-judgment proceedings and the right to appeal herein. 8 41. Defendant Borchard-Temecula waives any chalienges to the Ciry's right to 9 take the subject properiy, and any claims pursuant to Code of Civil Procedure Sections 10 1240.040, 1245.210, 1245.220, 1245.230, 1245.245, 1250.340, 1250.360, 1250.370, Z o 1 I 1268.510 and 1268.610. o� � a 12 42. The City and Defendant Borchard-Temecula agree that this Stipulation for W� `a < 13 Finai Judgment may be executed in eountetparts, each of wh'rch will be deemed an original _� z ° ° 0 14 instrument, and all, tivhen taken together will constitute the Stipulation for Final Judgment. ¢a �_ 3 15 IT IS SO STIPULATED. � � ° a 16 ¢ "' �� 17 DATE: , 2011 PLAINTIFF CITY OF TEMECULA, a mu�icipal corporation %�•' 1 & _v� 19 24 By � on Ro erts, ayor Attest: 21 22 By: 23 usan . ones, C, ity ' er 24 25 26 27 ?g -14- Stipulation for Entry of Final Jud�ment and Final Order of Condemnation i i ne< ni cor i a�a�c�... �" 1 2 tlpproti�ed as to form: 3 DATE: .2411 4 RICHAR.DS, 1�`ATSO?v' & GERSHON 5 A Prof'essional Corporation PAULA GUTIERREZ BAEZA 6 7 BY: g Pauia Gutienez Baeza Attorneys far Plaintiff � CITY OF TEMECULA 10 DATE: , 20I 1 DEFENDANT BORCHARD-TEMECULA, 11 L.P., A CALIFORNIA LIMITED o ° PARTNERSHIP x v5 g 12 � � w g �= 13 By: Borchard-Temecula, LLC, a California z ° o w 1¢ Limited Liability Company, its Sole General '— ° Partner ¢a � 3 15 v, s � „ 16 ¢ W _ � � � 17 g � < �� 1& John B. Heffernan, Manager =!'i 1 g Approved as to form: 20 21 DATE: , 2011 GARY A. WALDRON, ESQ. 22 WALDRON & BRAGG, LLP ATTORNEYS 23 r.�Y A. WALDR�N 24 25 g 26 Gary A, t�Valdron Attornevs for Defendant 27 BORCHARD-TEMECi1LA. L.P. 28 -IS- SCipu(ation for Eotrt= of Pinal Judgment and Final Order of Condemnanon i insc_n�<e�i»�ac�... e_.. EXHIBIT ., A" IEGAL DESCRlPTtON PEGHANGA PARKWAY STflRM dRAiN IMPROYEMENFS CONSERVATION AREA fl+! FEE, GRADlNC, EASEMENT 8. ACCE3S & WATERIPNE EASEMENT TFtAT PORTIOtJ QF THE REMAINDER PARCEl� OF PARCEL MAP N� 30186 AS SHflUVN BY A MRP t7N FILE IN BcJpK 208. PAGES 56 THROl7GH Bi OF PARCEL MAPS fN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STA7E OF CALIFORNIA. BEWG MQRE PARTiCLiLARLY DESCRiBED AS FOLtOWS PARGEI. "A° CdNSERV;4TION AREA IN FEE BEGlNNlNG AT THE MC7ST EASTERLY CORNER OF PARCEL'8" OF TNE WET�AND CRFATI�N AREA' AS DESCRIBED IN 7HE FINAL ORDER OF GONDEMNATION RECOF2DED NOVEh7BER ta. 2041 AS INS7RUMENT NO 58144Q OFFICIAL RECORDS OF SAID COUNTY SAID POINT ALSi7 BEING ON THE NORTHERLY LINE dF THE 'WILDUFE CONSERVATION EASEMENY` AS DESCRBED IN INSTRUMENT NO. 3852i7, RECOREp OCTOBER 8. 7997 OFFICIA� RECORDS UF SAID COUNTY: THENCE NORTH 60'30'00° WEST, 63 17 FEET {NORTH 60 3t'05" WES7, 63.1� AS RECORDED IN SAtD INSTRUMENT NO 5614d0} A�ONG THE NORTHERLY UNE OF 5A�D PARCEL "B' "WETLAUD CREATIQN AREA' TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOU7HER�Y. HAViNG A RADIUS OF 79� 00 FEET, THENCE WESTERLY ALONG SAID CURVE ANp SAID NOftTHERLY LINE OF PARGEI "B`, WETLRND CREATIQN AREA" THROUGH A CENTRAL ANGLE OF 33' 12'SC". AN ARC LENGTH OF 110 14 fEET, THENCE SOUTH 86 i 7 10" WEST 131 69 FEET AIONG SAID NORTHERLY LINE OF PRRCEL"8". WETLANQ CREATION AREA" TO THE BEGlNNING OF A TANGENT CURVE GONCAVE NORTNERLY HAVING A RAD{US OF 190 00 fEEI`, THENCE WESTERLY ALONG SAID CURVE AND SAID NORTtiERLY LINE OF PARCEL'B". 'WETLAND CREATION AREA' TNROUGH fl CENTRA� ANGLE OF 30 10 07' AN ARC IENGTH OF � 00 04 F E E T, THENCE NORTH 63 32'A3" WEST ?3 37 FEET ALONG SAiD NQRTHERLY LINE OF PFlRCE� E�" °WE7lAN0 CREATION AREA" TO THE SEGlNNlNG OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS O� 500 dp FEET THENt;E WESTERLY ALONG SAlO CURVE AND SRIp NORTNER�Y LINE OF PARCEL B `WETLAND CREA710N AREA' FHRO��GH F CENTRA� kNGLE OF 25 5949° AN ARC LENGTH GF 22"0 87 FEET: TNENCE �EAV�NG SAID NORTHERIY LINE (�F PARCEL "B' WETLANO C4EATiON AREA° SOv?H 86�5d"37' EAS?, 548.70 �EEL TNENCE SOUTPd 82 38'a0 cAST, 224 77 FEET THENCE S�UTN 89""s4 27� EAST 489 39 FEFT � O A POINT ON TME Nt;RTNERLY wlhE CJF SAID VVILDtJFE CrJNSEftVAT1pN EASEMENT"� Pd]2 '= P�' Ct92ied �Jn &;c':�fS��7 2 ' f7 PfA BV R ; fi CK�u 8Y 8 !"�x =.ierrvr..'- c. s 4_."�O�L �a C. S.A!?'�r�ATiOW �5�1; S her. THENCE SOUTN 55"52 16` VVEST. 6A fi5 FEET A�C?NG TNE NORTNERLY LINc f�� SAID''NiLC7LIFE CONSERVAFtON EASEMENT"_ 7HENCE SOU?N 1� 53"44 WEST, 20 t 78 FEE7 ALONG TNE NOR7HER�Y �INE OF SAiO '�JtLD�IFE CC?NSERVATIQN ERSEMENT", THENCE NORTH 85 C5 31" WEST 3&6 Q1 FEET Al C}NG 7HE I+tt)RT,yERLY LINE OF SAID ''rVt! DL;FE CONSERVATlL7N EASEMENT' 7Q THE POiNT OF BEGINNiNG. CONTAINING 7d.251 SQUARE fEET OR 1?0 ACRES MORE OR LESS TNIS OESCRIPTION ALSO BEING SHOWh3 ON THE ATTACNEO EXHI6IT 'B" ANO 1 NEREBY BEING MADE A PART HEREt7F PARCEI"8" GRAOING EASEMENT COMMENCING AT THE MQST EASTER�Y CORNER OF PARCEI 8" OF THE "WETLAND CREATIQN AREA' AS DESCRBED iN THE FIh1AL ORDER 4F GON�EMNATION RECORDED N4VEh18ER ta 2001 AS INSTRUMENT NO 561440 OFFICIAI RECOROS OF SAID COUNTY. SAID POINT ALSO BEING ON THE NORTHERLY LWE OF THE "WILpLlFE CONSERVATION EASEMENT' AS DESCRIBEO IN INSTRUMENT NO 3662�7 RECORED OCTOBER $ 1997 OFFICIAL RECpRDS OF SAID COUNTY, THENCE SOUTN 85'4531" EAST. 386 Q1 FEET ALQNG THE NORTHERIY LINE OF SRIO °VUILDLIFE C�NSERVATION EASEMENT" 7HFNCE NOR7H 72`53'44' EAST 61J8 FEET ALONG THE NORTHERLY LINE QF SAiD "WI�DLIFE GONSERVAT{ON EASEMENT"` TO THE TRUE POINT OF BEGINNING; THEiVCE NORTN 72 53'44' EAST, 140 00 FEET A�ONG 7HE NOR7HERLY LINE O� SAID'WILGLIFE CONSERVATION EASEMENT°, THENCE LEAVING THE NORTHERLY LINE OF SAID "vVI�DUFE CONSERVATlON EASEMENT` SOUTH 46 A1 42` EAST, 287 02 FEET: THENCE SOUTN 76 24'18` UVEST, 65 00 FEET. 7NENCE NORTH 58 32 4$" UiEST. 327 64 FEE7 TO 7HE TRUE POINT OF BEGINNiNG. CONTAiNING 25.OU7 SQUARE FEET OR 0 57 ACR� MORE 6R LESS TN!S DESCRii-TidN ALSt� BEiNG SHflWN pN THE ATTACNED EXNIBIT'C' AND THERESY BElNG MADE A PART HEREOF pa,�� cr r S�rratc<� qn r,121ri0b7 "[. i� P!vi QY RCO ��Ki3RY B P��Y ,c- •ver�;cro- 0'�;2iJG��Ce+.,3 .aG�titr7+'A�<:;h, c'�tii?'S d�c " PARCEI. "G" ACCESS AND WA7ER LINE EASEMENT A STRiP C�F LANfl 2C} FEET WIDE. THE CENTERL(NE O� WHIGH SS C1E5CR�BE� AS FfJLLOWS COhiMENCiNG AT THC SOUTH'JVES?ERLY C�RIVER flF LGT 'A"' G�F PARCE� EAAP EJO 29132 AS SHOWN 8Y MAP ON FIL.E ,'N B^vOK 7�39. �AGES '3 THROUGH 8� iN TNE OFFICE QF THE COUNTY RECQP.DEft OF SAID COUNTY TNENCE NOR7H 75 36 44' WEST, 10 23 FEET A�ONG TFiE 4VESTERLY l!NE OF SAID �OT A' TO THE TRUE POINT OF BEGINNtNG: TNENCE S�UTH 51 15 2d WEST. 90 52 FEET TG TNE BEGINNING OF A TkNGEUT CURVE CdNCAVE NORTNERIY HAVING A. RADIUS OF 90 00 FEEF TNENCE NfE5'TERLY AN[] NORTHWES7ERLY ALONG SAfD CURVE THRi3UGH A CENTRAL ANGLE OF 86 4a ?8', AN ARr LENGTH OF i36 25 FEET TO THE BEGiNMNG OF A RrVFRSE CURVF CONCRVE SOUTHERL Y, NAVING A RAQ�US OF 50 00 r EET A RROIAL LINE 7HROUGH SAID POiNT BEARS NORTH 5S'00�42" EAST. THENCE NORTHWESTERLY AND WESTERLY ALONG SAIO CURVE THRdUGH A CENTRAL ANGLE OF 93 58'32° AN ARC LENGTH OF 82 01 FEET THENCE SOUTH 54 02'10' WEST. 55 07 FEET TO THE BEGINNING pF A TANGEN"f CURVE CONCAVE SOU7HEASTERIY HAVING A RADIUS OF 200 �0 FEET THENCE SC�UTHWESTERIY ALONG SAIU CURVE 7HROUGH A CENTRAL ANGLE OF 12 28'S4 AN ARC LENGTH OF 43 57 FEET, THENCE SOUTM 41 33'15" WEST, ?7 05 FEET TO TNE 8EGINNING OF A TANGENT CUftVE CONCAVE NORTHWESTERLY HAVING A RAOIUS OF 160 00 FEET 7HENCE SOUTHWESTERLY ALONG SAID CURVE TNftOUGH A CENTRAL ANGIE OF 38 3$'2i" AN ARC 6ENGTN OF 87 4A FBET; TNENCE SbUTH 8� � 1 42" WEST, 121 08 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVWG A RADIUS OF 1G0 08 FEET THENCE SOU7HWESTERLY ALONG SAID CURVE iNRpUGN A CENTRRL ANGLE OF 39 16 21' AN ARC LENGTH OF 68 Sd FEET TO THE pEGWNING OF A R[VERSE CURVE C6NCAVE NORTNWESTERLY HAViNG A RADIIJS OF 700 00 FEET, A RADlA� LINE THRUUGH SAIO PO1NT 6ERRS SOUTH 49"04�d0° EAST�. THENCE WESTERLY ALQNG SA;D CURVE THROUGH A GEN7RAl ANGLE QF 5� 02 36' AN ARC LENGTN OF 44 32 FEET, THENCE NORTN 85 02'04 '�^JEST, 3" Bi FEEZ TO THE BEGINNlNG OF A TANriENT CURb'E CONCAVE SOUTNERLY, HAViNG A RADlUS OF 2fl0 00 FEET TFiENCE WESTERLY ALONG SA�D CURVE 7NftOtJGH A CENTRAL ANGLE OF 09 C8 48' AN ARC; �cNGTM OF 31 93 FEET � i HENCE 50U iH 85 49'0$'� YVEST, 232 74 FEET TO A POINT ON THE NOR?HEP.STEf2!_"Y I.;NE t�� PARCEI' 8°GRADING EASEMENT' HS DESt�RIBED A80VE Pa^ 3 ! ' C1rea[Ed On st1'v2vu' Z?ii PhA i3Y�Ft �7K'J 9Y 5 �"ox °N�veM cv fi J°?�;;tLe.�a>:an H9iF�CA�i •"`• ESA,tiS jcc - EXHIBIT "B" CUNSERVATION AREA IN FEE ' , , , � � � � � � � ` � � � r � } m � i� i r � � r r'r r � � �� / A(� � � v rn u+ a. �.+ �i _. � � a / 2= L T � � Q / ZZ�+ � u C�inif � � � .�_J � / � ti � � ' S � A ~ / � `"\ � � O / Rl ti � c � a� / --� �' �O . l N . � u � W � / �� ^�" t�. C L ^' � 1 � �) � e� o v�-,� ! �'n� a � �r 1 � �,LJ J _. � c„ ',� L ! - O S � � � ` � � '"� ° �' � -`�� 1 �� ' `�' � / � � � � � 1 f,,,_ "J �4 N o! �! � c F — — _ — _ � � / � ( �? �. �� N V C I , l � � � r I r / � � V O V U O L N i l_ � rr m �t � � � � I - 1 ( O � � �k � i � o �6� � 2`� � j �, � w 1--- t � �ti � � � i � U � o� � �,� ly�� i � •<� �� °—�� I n�i� '�.< U � n� �r� � � � � � �i � ��. I z�n � ^% � y!i� O "T 1 :� � � :82 ' �`y � asal ;� � � �L I �� m�mi f�� m I �o �+ � � i �� b;� f �a i c � a � "' Y I �> ? �i � I z � j �NC' ,, � �� ; i a� T I � �— I ` � .$� � � � , - - I � � O �' I � w�'�l { o� t o. 8 0 �- . � �p�j �� I m i�� ,'S � � csi � a �� I c� �_�° � �� I � � 1 � I � o o c �/ , „„�� °� m � 1 $gg / . � i r` � i �``� W �I � G � .`�y� .C f � \ � o N a SCALE: t"=200' � i �, �� ° $ �� I � � i� SHEET 5 OF 7 �� C�TY OF TEMECULA Q�OFE3S/p,� 4 "QO 5 '� NESi ='ARK CR. �t,v � "�' � ,r / Mt�C:�i.A CA 9?59U /�� y �� S 4 u UNl�.`1P�C �ThNiS / ptµryERS (45 ) 044 C'at 1 j J� ' 0 e�153 "� �. r .. (i��'C �WNER� i. Exn 3S1 '0 ir; �� rst saaui cwd m.w • ca enu J�rtfARL T MECU�, LP_, � t 7, /; r� � m. �u�) esr-us� . ru� (ssi iee-eau * E-iNL fAm:a�p�cO�� A hi FfiF'NIA PA!%'Nt.RSHIP � �`* �- .:S V � �,?;'. �•`l:. �i.1i .. � QOC �! 2010-06234 RECORDING REQUESTED BY: 12/29/2010 03:4�+ F.s: NC o.q. t ot 2e qieerMd ln Ottielal R�eorOs Cicy ofTemecala, a municipai corporation ca�,+�v or Rlver�lde larrY u. W+rd AND WHEN RECORDED RETURY TO: f��i��(��(I��I� City of Temecela � { �� S �� Post OfFice Box 9033 Temecvla, Galifornia 92584-9033 s a t! PAGE srze on n+rsc �omc aFO coPr . R[cOtding FCC: ExCRtpC punUarif fo I.� A l 463 �?8 PCOR ,y�OA �MP CM A C , rovemment Code �p 6103 and 27383 r„� J4�S'�{�J3�2�bf{ T: C7Y UNI Y [SAACB AIIOVE FOR RECORDER'S USE ONLY) TR-F��i3^�o`� (/l fXlPottioncof APN961-030-Oid � � � %J All o( APN 46t-440-007 � X] AII of APN 941-440-0OS � ( Xj All of APN 961-440-W9 [ X] All nf APN )61-440-012 � NO COV1Sid.ZYGt'(tOY1 No Du�vmentazy Tnnskr Taxu tkk. ee Revenue & Tesntiun § t 1922 arul Govemmcm Code $ 6103 GRANT DEED THG UNDERSIGNF.D GRANTOR DECLARES AS FOLLOWS: FOR YALUABLE CONSIDERATION, receipt of which is hareby acknowiedged, BORCHARI?-TEMECULA, L.P., A Catifornia Limited Pwtnorship ("GRAN'fQR"} heroby grunts to the CIT'Y OF TEMECULA, a municipal corporation ("GRANTEE") io fee the following renl properties t�ferred to betow collccdvely as che "Property"): • An approximate 0.05 acre of vacant land located in the City of Temewla, County of Riversidq Califomia idenufied as Riverside County Taz Aasessor's Parcet 7�iumber 96t-440-007; • An approximate O.QI acre of vacant land lceated in the City of Temecula, County of Riverside, California identified as Riversida County Tax Assessor's Parcd Numbec 96t-44Q-40$; • An approximam 0.15 acre of vacant tand iocated in ehe City of Temecula, County of Riverside, CaGfomia identifiad ac Riverside County Ta�c Assessor's Parcef Number 96l-440-009; -L EBHIBIT "C" • Apprazimnteiy 22J I acres of vacant {and Iccatu3 in tJte City of Temecula, County uf RiveniJe, Calitomia identifitd as Rivtraida County Tax Assessor's Parce2 Number46t•44U-U12: i�nd • Approzimacely 35.05-acres of varanc tand (gross aren) located in the City of Temecula, County of Riv�rside, Catifamia identi6td as Riverside County Tax Assesaar's Parce! Num6er 961-450-014, exttpiing themfrom an approximate 1.7- acre fee area that is the subject of the eminent domain procecding fited as Ctry oJ Temecuta v. Borrhnrd-Temecula, er aL, as Riverside County Snperior Court Case No. R[C 514298. The Property that Cnantor is conveying to Caantee ptusuanc ro this Grant Doed is deseribed more partieutarly on Exhibit "A" ro[his Granc Deed. The poction of the Property that is an appruximate 0.05 acre of vacant land identified as Riverside County Tax Assessor's Parcel Namber 961-440-007 is depieted on Exhibit "B" to this Grant peed. The portion of thc Propecty that ia an approximate O.UI uae oI vacant ]and identified as Riverside Co�nty Tax Assessor's Percel Numbei 96I-440-QOS is depicted on Exhibit "C' to this Grant peed. The porcion of the Property that is an approzimnte 0.15 acre of vacant la�d idendfied as Riverside County Tax Asseasot'a Parcet Number 961-+140-009 is depicted on ExOibit "D^ 1q this Grant Decd. The poRion of the Property that is approzimately 22.1 t ecres of vacant land identiFied as Rivecside County Taz Assessor's Parcel Numbore 461- 444-012 is depicted on Exhibit "E" ro this Grant Deed. The portion of the Pcoperty t6at is approximatety 35.05-acres of vacant land (gross area) identified as Riverside County Tax Asaessor's Purccl Number 96 t•A50-0I4 is depicted on E�chibit "F' to this Grant Deed. 'Ihe eppmximate 1.7-acre fee aroa that is the subject of ihe eminent domain procecding 6Ued Ciry of Temeculn v. Borchard-Temecuta, et al., and filed es Riversido Coun[y Suporior Court Case No. RIC 514248, wlrich is excepted from tht conveyanee of the approximate 35,05•acres of vacant lund ideniified as Riverside Cuunty Tax Assessor's Parce) Numbcr 961-450-014, is depictcd on Exhibit "G" to this Grant Deed. Exhibits "A", "B", "C", "D", "E", "F' and ° G" ro this Grant Deed are incorporated herein by this refecence. SUBJECT TO, all eusemrnts, covenants, condiQons, restrictions, and righu of way of record. , (SIGNATURES ARE ON AIEXT PAGE] /!/ //( -�- In WI7'htgSS WHEREOF, the Grxntor has e�cecuted this Grant Deed as of the date set forth beiow: C1tANTOR: BORC L.P., a Cetiforala LEmited Aartnerahip by: BORC;IiARD-TE:YIECllLA, LLC, iU General Partner � � � r �� 9 .Q _ " " �^� Dated• ��-. �'l � I� 1 p 1: 101IN t3. NEFFF,RNAN Mansger •3- STATEOFCAl.IFORAIIA }ss. CQUNTY OF flRANG.F j On �QEC�mP�2 yi before me, s:�• PhvEl.�c�, a notary public, personally appeared _ F�. I�EFPEttvPav �" who pmved to me on the basis af sadsfactory evidence to be tha person(� whose nnme(� isleresubscribeci ro the within insuvment nrtd acknowledged to me that he/�Fwklwy executed Ihe same in hislqcrk4xeic authorized capucity(ies), and that by hixlMer/4iieir signature{� on the inswment the person(s) or the entity upon behalf oC which the peison{s) acted, exewted the instmment. I cettify undcr PENALI'Y OF PERIURY under thc laws of the Stute of C:ilitomia thut the foregoing pazagraph is hve und correct. ` W1Tt�'PSS my ha c d officiat seal. T' �1' PUVL �7.��PAYEtiGH� ��1 Yt2G� s,�,a�� T ...;-..., � ��.,,� , � �, � �„ a orav�� 2 �,m. r��r � v Zo i � (Ilw us� kr Mkid nanni v 17 7'ide of Dex:ument Qate of Document No. oC Fages Othersignaturu notacknowtedged STATE OF CALIFORNIA }s,. CQL:VtY OF } -4- CITI' dF TEMECUL.1 Office af the City Cleek 43200 Busincss Fark Dtiva F.O. Box 9033 Temuula, CA 92540 CERTIF[CATE OF ACCEPTAYCE OF CRAYT pFFD (Govt Code � 27282) tAil of AFNe 461•440-OQ7, 961-440-008, 9b1-440-009, ond 961�440-0i2 aod Portlons of APN 9b1-450-014) This is to ccrtify that the abovaa[tachcd GRANT DEED granted to ehe City of Tcmecula, a municipet corporetion, by Horchard-Temecula, n Califomia Limitcd Partnorship is hcreby accepted under the authority of the Ciry Councit of the City of Temecula and the Gcantee consrnts to [hc rccordution theroof by its duty authorizod officcr. Dated: ��' � �' � d City ot Temecula By: ..��'-+� Shawn Nelson, City Mene�er ATTEST: By: �c�-c�..9.. `�. �lc.s�uw�.l_ �� Susan W. dones, MMC Ctty Clerk jyy � _,� APPRUVED AS TO FQ&'41; By: l � Peter M. Tfiorson, Clty Attorney -6- F:XHTBIT "A" LEt:AL DESCRTPTIQN OF PROPFRTY The Reai Property in the City of'femecuEa, Councy of Rivanule, State of Califomia, descri6ed bciow aa PARCEL ONE and PARCEL 1'�YO: YARCEL QNE: THE "REMACYL)ER PARCEL" AS SH4WN ON pARCEL MAP VO. 30180, ON FTLE IN HOOK 2Q8, PAGFS 56 THROliGH 61 OF PARCEL MAPS, RECOROS QF RIVERS[DE COUNTY, CALtF�RR'tA. EXCEPTCNG THEREFROM THAT PORTIQN dF SAID LAND AS SET O�T IN FLYAL ORDER OF CONDBMMATION RECORDED NOVEMBER 14, 200t, AS INSTRUMENT NO. 561440 OF OFFIC[AL RECORDS OF RNERSiDE COUNTY, CALIFpRNIA. ALSO EXCP.PTING THEREFROM THAT P4RTION OF SAID LAND GRrtNTEQ TO THE C]TY pP TEMECULA HY DEED RECORDED APRIL 25, 2005 AS INSTRUMENT NQ. 2005-0322841 OF OFFJCIAL RECORDS OF RIYERSIDE COU,'VTY, CALIPORNIA. ALSO EXCEPTING TNEREPROM'fHE FOLLOWING kEAL PROPERTY: PARCEL "A" CONSERVATION AREA IN FEE BEGINN W G AT THE MOST EASTERLY CORNER OF PARCEL "B" OF THE °WETLAND CREATION AREA" AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 14, 2001 AS INSTRUMENT NO. 561440 OFPICIAL RECORDS OF SAID WUNTY, SAID PO►NT AISO BEING dN THE NORTHERLY LIIVE OF THE "WILDLIFE CONSERVATi4N EASEMENT" AS DESCRIHED A INSTRUMENT NO. 366277, RECORDED OCiOBER 8, 199? OFFICIAL RECORDS OF SAID COUNTY; THENCE NQRTH 60°30'04" WEST, 63.17 FEET (hORTH GO°31'03" WEST, 63.17 AS RECORDED IN SAID INSTRUMENT Nt7. 56 id44) ALO:VG THE ItiORTHERLY LINE OF SAII? PARCEL "B", "WE:ZfihB CREATIC3N ,�REA" TO THE BEGL\NING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF I90.00 FEET; -�- '1'HEYCE WES"i'ERLY ALOYG 5AID CURVE AND SAID tJORTHERLY LiNE OF PARCEL "�" "WETLAND CREATTON AREA" THROUGH A CEYTRAL ANGLE OF 33 Ari1 ARC LENGTH OF 1 IQ.14 �ET; 'CHENCE SOUTH 86°17' 10" WEST, 33 L69 FEET At.ONG SAID NORTHEILLY LWE OF PARCEL "B", "WETLA,UD CREATION AREA" TO THE BEGIIVNI;Vf3 OF A TANGENT CCfRVE COtiCA VE NORTHERLY, HA VING A RADIUS OF 190.40 FEET; THENCE W ESTERLY A[.ONG SAID CURVB AND SAID NORTHERLY LTNE OF PARCEL "B", "WETLAND CREATIflN AREA" THROUGH A CENTRAL ANGLE OF 3Q AN ARC LENC,TH OF IQa.04 FEET; THENCE NORTH 65 WEST, 2339 FEFsT ALONG SAID NURTHERLY LINE OF PARCEL "B", "WETLAND CREATION AREA" TO THE BEGINNING OF A TANGEN C CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF SOO.QO FEET. THENCE WGSTGRLY ALONG SAID CIIRVE AND SAID NORTHERLY LIlVL� OF PARCEL "B", "WETLAND CREATION AREA THROUGH A CEN'fRAL ANGGE OF 25 ADI ARC LENGTH OF 226.$7 FEET; TF[ENCE LEAVING SAID NORTHERLY L[NE OP PARCEL "B", "WETLAND CREATION AREA" SOUTH 86 EAST, 548.70 FEET; THENCE SOUTH 82 EAST, 224.77 FEET; THENC& SOUTH 89 L�AST, 48939 FEET TO A POINT ON THE NORTHERLY LINE OF SAID "WII.DLIFE CONSERVATION EASEMENT"'; THENCE SOUTH SS 16" WEST, 64.65 FEET ALONG THE NORTHERLY LRB OF SAID "WII.DLIFP CONSERVATION EASEMENT"; THENCE SOUTH 72 WFST, 201.78 FEET ALONG THE NORTHERLY LIYE QF SAID "WII,BLIFE CONSERVATtON EASEMENT'; THENCE NORTH 85 WEST, 38b.01 FEET ALONG 7'IIE NORTHERLY LINE OF SAiD "WILDLIFE CONSERtiATtON EASE:NEIVT"' TO THE POLVT OF HEGINiVIVG. -$- PARCEI. TWO: ACCESS EASEhfF.,NTS AS SET FflRTFI W DOCUMENT EN'PI'CLED "RECR�ROCAL EASL�MENTAGREEMENP'. RECORDEt} JULY Z5, 2007 AS INSTRUME:'YT NO. 2AQ7-48t952, OAFTCIAI. RSCbFtDS OF RIVBRSIDE COUNTY. -g- EXHITiIT "II" jiNSERT PLAT MAP SH{3Vt'ING THE APPROXiMATE 0.65 ACRE OF VACAM"f LAND IDENfII+IED AS APN 961-416-007j -10- EXHtBIT "B" � 9s�r-�w-oo7 ,�« a �.,,,� �'� . . . � BQi�HAF� Ut YERNE 61hM Add�ss� SMuf �� ?� C�ORPORA7E PIAZA 200 NEilYRdRT 9EJ1CH CA 929R0 �% 0.06 Lat Nax LrW Ydw: � �x+� Valur. p � � �: 1kt6100b3 0 EquMe Fs� ZZG8.41 .....-- w � EXHlBIT "C" APN 961-440-008 vu�r io: ea+a�ooas ��: eoRCru�o t.n vaarvE BNus Addr��r. 0 Eltux Criy. M�lifnp Addrssr. 23 CQRPORATE PLAZA 200 Malli�g Clty: NEWPORT 9EACH CA 92880 �n�� 0.07 Lot: Mi Na.: Land Yalu�: 187� aWetun Yalw: 0 Cam� Krom APN: 9E1010055 Taxabll : p � 8 wn Fwh 308.34 �� ---_.__ ! ,h` �4 /�� e e �` � 4M1l3IU3l ii4)t (INSERT YLAT MAP SHO�VING THE APPR07CLMATE 0.15 ACILE OF VACA.�IT L.AP+D IDFIYTIF'IED AS APM 961-040-009j -12- EXHI�IT "D" APN 961-440-049 P.re.�io• aeia4oaoa owo.r. aoacEinao u v�rre s�ws,tiaans.: o snu. cny: M�Iilnp Addnas: 23 CORPORATE PLAZA?00 Nalltnp Cly: NEWPORT BEACH CA 92880 , Acnr. 0.15 loh N�p No.: Land Yaltx: 4 8trudun Vdu�: 0 Csm� From APN: 98101tI0S7 Taxabl! : Q Squan F�tt: � 8408.91 rn u/ �O � � � 0 EXH[BIT "F" (L�iSERT PLAT MAF SHO«'I;yG THE APPROXIMATE 22.11 ACRFS OF VACANt LANU IDENTIFIED AS APA1 %i-440-012] . };_ EXHIBIT "E" APN 861-440-012 Part�4lD: 88t1400Y3 Own�r. BpRCHARDTEME£UlA 8�LU� Ad�as: 0 a�w, c . M19aWn Addn��: 23 CORPORATE PlZ NO 200 Malilnq Clty: NEWPORT BEACH CA 9?8B0 Acn�: 2?.i t LoM Map No.• Land YNw: 237338 8tructort Ydw: 0 Cam� Fmm APN: 881410078 Tawbiitty: 0 Squ�n F�M: 883T04.38 � ---.. i �� 0l1Lt00/2 � 4 � � Y EXHIB[T "N" (INSE&T PLAT MAP SHOWfNG THE APPRO��tATE 35.05 ACRES OF YACANT LAt�PD IDENTIFlED AS AI'N 961-450•Ol4] -14- EXHIBIT "F" APN 961-450-014 P�KM �: 981I5001! �� 6t�iCFU4RD U VERNE SRW AdG�N: Q 8Mw : M ��: 23 CORPORATE PLAZA 20p M�nM9 C� NEWPORT BEACN CA 92890 Aom: 36.6! l.oC M No.: LuW V�Iw: 37824z sauaan vuw: o cam. From �rN• se�o�oo�e raxab� : 0 s�un Fat �yy{ggp,pp .�- � ''., .w��,,.,.—'" . � -- ..,�. „ ""�.'" ta ae��euo» � — / ! s � EXHIBIT "G" (IiVSERT PLAT �IAP SHOWING TAE APPROXI2NATE 1.7.ACRE CONSERYATION FEE AREA THAT IS THB SUHJECT OB TAE EMTNENT DOMqIN pROCEEDINC FiLED AS CTTY OF TEMECULi V. BORCHAXD-TLTMfCULA, ET AL (RIVERSIDE COUNTY SUPERIOR COURT CASE hi0. RIC 5142980)'FHAT IS EXCEPTED i?ROM THE COYYEYAI4CE OF TI� APpRORLMA7'E 35.05•ACRNS OF VACANT LAND 1DE2VTIFIED AS APN 961-450-Qi4) -IS- EXH i B IT nl.�" EXHIBIT "G" t0 CONSERVATION AREA IN FEE GRANTDEED � �� ' � � � < < , � � �� ,�� ) i ¢ 6 i �i !� � � (� n �� % I "� G � �� 't � � / 1 � � � � � � / � � i ��' � ; � � �! � � _ I ' ' � � 1 lt1 � �-- � / O g � � ;� �g i G ; / � �- 6s�, � � � i i � U �� r � i � I �� .e G � ! � � 1 � �I � � I �� 6 � 1 � � � ��'� � -1 b �t � A �'�� j � �1 � � � I r �� .,••��' � 66 � �.�u I � i � � j �� 1 � � $8�� , i Z � �o � � � � � �� G i BCALE:f'�2a0' � i �� \�� j � � `�\ `� I � ` i t SHEET 5 QF 7 � dTY OF 7EMEC4JLA W700 � PANK DR. � TEYpCUTA� G 923Y0 � v+ns ( Y61) OY4�-E41/ � �C�'HE�'. i i�iW M[� 7r-�iQ �� ., A G�LFONIN PARINEt61MP � � 1� �',ICH1�1ItDS, VJf�TSfl�i & GERSHON i ? I A Pr�>fi ssional Corporati�n PAZ?[.A C�t?TIERREZ BA�IA (I31r No. 198(>53) �I pbaera,a r�i�glaw.cc3m 3 � 1 Cir�c �C enier Circle, PO Box 1059 Rrea. California 92L22-I0�9 � �Telephone: 71�}.990.0401 F�csimile: 714.990.6230 i Attornevs f«r Plaintiff 6 CITY ()F TE'�1ECUI:r1 1 8 SUPERIOR COURT O� THE STATE OF CALIFORNIA 9 COUNTY OF RNERSiDF, 10 z � ll CITY OF TEMECUI,A, a rnunicipai � Case No. RIC 519298 o a corporation, I v�, g 12 � HON. JUDGE CRAIG G. RIEMER w � Plaintiff, i DEPT. OS �' < 13 v. z ° ACKNOWLEDGMENT OF RECEIPT ° o 14 BORCHARD-TEMECUT A, L.P. a � OF JUST COMPENSATION OF Q c California Limited Partnership; AT&T EMINENT DOMAIN DEPOSIT �` I S CORP.; SOIJTHERN CALIFbRNIA GAS �� COMPANY; STATE OF CALIF'ORNIA; [E�empt from filin� fees pursuant to Govt. Code § 6103� °� 16 uZ1�ZON CALIFOKNI� INC.; DOES l z� '1'IIROUGH 100, inclusive, and ANY AND �[APN 961-010-0'76] �� 17 ALL PERSONS UNKNOWN HAVING �� OR CLAIMING TO HAVE ANY TITLE �� g OR INTEREST IN OR TO THE � ="! PROPERI'Y SOUGFIT TO BE Status Conferenee 19 COND�MNED HEREIN, ' I�ate: October 21, 2011 Time: $:30 a.m. � 20 Defendants. � Dept: OS 21 22 John B. Heffernan, Esq.. hereby acknowledQes on behalf of Defendant Borchard- 23 Teinecula, L.P., a California Limited Parialership, receipt of County of Riverside warrant 24 number for tlie sum of $30,250.00 (Thirt} Thousand Two Hundred Fi�'y 25 Doliars} payable to Borchard-Temecula, L.P. Pursuant to the Stipulation for Fxitry of Final 26 Judgment and Final Order of Candemnation and for �Withdra��a] of Funds on Deposit 27 enterecl into befween Pl��intiff City of Te�necula and Borchard-Temecula, L.P. (_"Stipul3tian 28 for Final Judgment"), said tivarrant constitutes Che difPerence beriveen the total jusf Acknowledgment of�Receipt of Just Compensaiion c�f Eminent Domain Deposit EXRI6�T "D" i 1036-0758V 326220v2.doc 1 compensatian af $50,8fl8A0 (Fit�y Thousand Eight Hundred Eight Doliars) and the �uarrant 2 for Che sum of $2Q,558.d0 (T��enty Thousand Five Hundred Fifty-eight Dallars) that the 3 City issued to Borehard-Terrjecula. 4 Pursuant to said Stiputation for Finai Judgment, the tota] just compensation of 5$�0,808.00 (�'ifty Thousand Eight Hundred EighC Dol3ars} includes but is nat limited to 6 compensation for any and all claims of Defendant Borchard-Temecula arising out of or in 7 connection �vith [he City's acquisition of the subject property, which is an approximate 8 1.70-acre (7�,251 square foot) area thai the City is acq�iring in fee for conservation 9 purposes and all uses necessary or convenient thereto described more particularly on 10 Exhibit "A" tabeled "Parcel "A" Conservation Area in Fee" to the Stipulation for Final Z o 11 7udgment and depicted on Exhibit "S" to the Stipulation for Final Judgment. Said payment o� �� 12 of the above $50,808.00 total just campensation includes, but is not lim'rted to w g �< 13 compensation for the 1.70-acre subiect property, severance damages, costs ta cure damages, —� z ° ° o 14 inverse condemnation, precondemnation damages, de facto taking, loss of goodwill ¢a � 3 15 pursuant to Code of Civil Procedure Section 1263.5 IQ damages for violation of civil or cn s �} 16 constitutional rights costs, litigation expenses, expert witness fees, appraisai costs, atforneys _� 17 fees, interest, relocation assistance and/or benefits under the Uniform Relocation Assistance v � � < �y 18 and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, —= 19 or under TiCle 1, Division ?, Chapter 1 of the CaliPornia Government Code (Section 72b0 et 2Q seq.), improvements pertaining to the realty, fixtures, furniture and equipment, moving 21 expenses, abandonment costs, or any other damages of every kind and nature suffered or to 2� be suffered by Borehard-Temecula by reason of the City's acquisition of the I.70-acre 2� subject property, the PrcjecY fcr which Ihe City is acquiring ihe subjec, pro�erty, anu th:s 24 eminent domaia proceeding. 25 /1! 26 i/i 27 /?I 28 �!! -2- .4cknowledgmznt of Receipt of Iust Compensation of Eminent Domain Deposit 1 DEFENLIANT BORCHA_RD-`TEMECULA, L,P, A CAL'IFORNIA LI14iITED 2 DATE: , 201 i PARTNERSHIP 3 By: Bc�rchard-Ternecula, LLC, a California � Limited Liabiiity Company, its So3e General � Partner 6 7 By: g o n . e ernan,� anager 9 10 � o ll o� � v a 12 � � w g `� z 13 z ° ° w 14 �n a a s 3 IS v, s ° a 16 � ; _ _ � � 17 � < %!+' 18 .v 19 20 21 22 23 24 25 26 27 28 -3- AcknowledgmenY of Receipt of Just Compensation of 6minent Domain Deposit i 1� RICHARDS, WA I SON & G�;RSH(�N n Professioiial C�arporatic�n 2, PAUL� CrUTIZRR�Z BAI;7_A (Bar No. 198653) ( pt�aeca<<l,�rti��la��.com 3� 1 Citi�ic Center Circle, PO Bo� 1059 13rea. California 92�22-10�� 4 "I'ete�(�c�ne: ?1d.990.{7901 Facsimile: 71 �.�)90.6230 � i Attornetis for Plaintiff� fi CITY OF TLMLCULA 7 8 SUPERIOR COLTRT OF THE STATE OF CALIFORNIA 9 COUNTY OF RNERSIDE 10 z ] 1 CITY OF TEMECULt�, a municipal � Case No. RIC 519298 o � corporation, ' v�i p 12 HON. JUDGE CRAIG <i. RIEMER ,;; � Plaintiff, DEPT.OS `� a 13 v. z ° ACKNOWLEDGMENT OF RECEIPT ° o ] 4 BORCHARD-TEMECULA, L.P. a ( OF JUST COMPENSATION OF Q a Califarnia Limited Partnership; AT&T � WARRANT FROM CITY OF �` 15 CORP.; S�U�I�HERN CALIPORNIA GAS � TEMECULA v, < COMPANY; STATE OF CALII�ORNIA; ' �� 1( VERI70N CALII'"OR�tA INC.; DOES 1 [��empt from filing fees pursuant to Govt. Code § 6103] a� 1'HROUGII ] 00, inclusive, and ANY AND v o 17 ALL PER50NS iTNKNOWN FIAVING [APN 961-010-076] � a OR CLAINLING TO HF1VE ANY TITLE �� 1 g OR INTEREST IN OR TO "I'HE � ='s'! PROPER"[`Y SOUGF��T TO BE 19 CONDE:MNED HERI�IN. Status Conferenee ': Date: October 21. 2011 20 Defendants. Time: $30 a.m. � Dent: OS 21 22 � 7ohn B. Heffernan, �;sq.. Ilereby ackno�v(edges on behalf of Defendant Borchard- 23 Temecti�la, L.P., a California Limited Partnership, receipt of City of Temecula �varrant 2� number _ far the sum of $20,558.00 (Twenty Tllousand Fi��e Hundred 25 �� Fi$y-eight Dollars) payable to Borchard-"T'etnecula, L.P. Plirsuant to the Stipulation for 26 � Entry of Final 7udgment and Final Order of Condemnation and for Withdra�°al of Fands on 27 Deposit entered into between Plaintiff City of Temecuia and Borchard=l�emec�ila, L.P. 2� �� ("Sti�ulation foi� Fi4�al Judg�menY'), sa�id tivan�nY constitutes the difference betwecn the Cc�tal � Acl:nowledgment of Receipt of Just Com ensa[ion oY Warrant from City of Temecuta Fxxr�e�T ��e�� 7( OA6-O I SRU 32622dv2 doc 1 just comgensatian of $54,�308.fl0 (FiBy 'I`hansand Eight Hundred Eight Dullars} and the 2 330,2�0.00 (Thirty Thousand Ttr�o Hundred Fif�y Dollars) principal on deposit �r�ith the 3 Caurt. PuesuanC to the Stiputatian for Final ludgment, the Ct�anty Cterk ��ill disburse far 4 the trenefii of Borchard-Tentecuia the �3q,25Q.00 on depasit by issuing a«,arrant payable 5 ta Borehard-Temecuta. 6 Pursuant to said 5tipulation far Final Judgment, khe total just compensation of 7$50,,808.00 (Fifty Thousand Eight Hundred Eight Dollars) includes but is not (imited to 8 compensation for any and all claims af Defendant Borchard-Temecula arising out of or in 9 eonnection with the City's acquisition of the subject properiy which is an approximate 1.70- 10 acre (74,251 square foot) area that the City is acquiring in fee for conservation purpases, 0 o t 1 and all uses necessary or con��enient thereto described more particularly on Exhibit "A" v � 12 labe(ed "Parcel "A" Conservation Area in Fee" to the Stipulation for Final Judgment and � o w� `? z 13 depicted on Exhibit `B" to the Stipu(ation for Final Judgment. Said payment of the above z ° ° 0 14 $50,808.00 tatal just compensation includes, but is not lirnited to compensation for 1.70- d a 3 3 I S acre subject property, severance damages, costs to cure damages, inverse condemnation, �n � Q a 16 preeondemnation damages, de facto taking, loss of goodwill pursuant to Code of Civil � Q 17 Procedure Section 1263.510, damages for violation of eivil or constitutianal rights costs, %y 18 litigation expenses, expert witness fees, appraisal costs, attorneys fees, interest, relocation _ ! 19 assistanee andlor benefits under the Uniform Relocation Assistance and Real Property 20 Acquisition Policies Act of 1970 (42 U.S.C. 4b01 et seq.}, if applicable, or under Title 1, 21 Division 7, Chapter 1 of the California Government Code (Section 7260 et seq.), 22 improvements pertaining to the realty, fixtures, furniture and equipment, moving expenses, 23 abandonment costs, or any other damages of every kin� and n2ture suff red ar to be 24 suffered by Borchard-Temecula by reason of the City's aequisition of the 1.70-acre subject 25 property, the Project for which the City is acquiring the subject property, and this eminent 26 domain proceeding. 27 f1{ 28 It,' -2- Acknawledgment of Receipt of Just Compensation of Warrant from Ciry of Temecula � I DEFENDANT BQRCHARD-TEMECULA, L.P, r� CALIFORNIA LIIYIITED 2 DATE: , Z011 PARTNER9HIP 3 By: Barchard-Temecula, LLC, a California 4 Limited Liabili#yr Company, its Sole General 5 Partner b 7 By; g John B. Heffeman, Manager 9 10 Z o ll o� � < s 12 W� � < 13 —� z ° ° w 14 � o ¢a � ` IS — 3 tn � � � I6 Q � S � U ° 17 � < �� Ig =!�i 19 20 21 22 23 24 25 26 ?7 ?g -- " Acknowledgme�t of'Receipt of Jusf Compensation of Warrant from Ciry of Temecula � 1 R1CI��RDS, �VA'l'SON «�.. GE-RSHON , A Protessional Corporation 2� P�UL,A CiUTIERRt�7_ BA�ZA �Bar iv'o. 198653) i; pbaeza(cr gla«.cotn 3 I Givic�Ger�tcr Circle, PO Box 10�9 F�rea. California 92822-1059 �1 Telepl7one: �14.990,09Q1 Facsitnile: 714.990.6330 � Attornevs Yor Plaintiff 6 CI"CY OF TIi,MECUL,A � r 8 SUPERIOR COURT Oi' 'I'H� ST�T� OF CAL7TORNIA 9 COUNTY OF RIVERSII�E 10 z 11 CITY OF T�MECULA, a municipal � Case No. RIC 519298 o ° corporation, � v�, � 12 I HON. JC;DGE CRAIG G. I2IF.,MER „� � P(aintiff, DEPT.OS � = 13 v. z° I FINAL JUDGMENT IN ° 0 14 BORCHAI2D-TEMECULA, L.P. a CONDEMNATION ' � California Liinited Partnership; AT&T �` 15 C=ORP.; SOUTH}?RN GALIFORNIA GAS LExempt from filiug fees pursuant to Govt. Code § 6�03] � g COMPANY; STATE OF CALIFORNIA; °� 16 VERIZON CALIPORNIA INC.; DOES 1 i[APN 961-450-014 (formerly identified as z= TIIROUGH 100, inclusive, and ANY AND APN 961-010-076)] �� 17 AL.L PERSONS I_JNKNOWN I�AVING �� OR CLAIMING TO HAVE ANY TITLE �� 1 g OR INTEREST ITv OR TO THE '!'! PROPLR"TY SOUGHT TO BE Status Conference 19 CONDEMNED HEREIN, i Date: Oetober 21, 2011 'I'ime: 8:30 a.m. 20 Defendants. i Dept: OS 21 22 Plaintiff City of Temecula ("PlaintifP' or "Ciry"} filed the Complaint in Eminent 23 Doinain hzrein on February 17, 2009 to acquire by ezninent domain for a public use, 24 nainely consenration purposes and all uses necessary� or convenient thereto, certain reat 2� praperty interests from the rc ai properry, ti��hich is a �acant lot located along fhe northern 26 side of Temecula Creek, including a portion of the floodu�av, east of Jedediah Smith Road 2? � in the City of Temecula, and identified as Assessor's Parcef Number 96 t-450-01<} {"lar�er ?8 `parcel") in connectic�n with the Pechanga Parkway Storm Drain lmprovements — Final .ludgment in Condemnation FXHIBTT "F" 1 IOS6-OISSi1323679v3.doc I Environmentai Mitigatian (PFOject Na. PW 99-11 EM) {"Praject"). At the time the City 7 filed the Comp(aint in Eminent Domain, ihe larger parcel was identified as Riverside 3 County Tax Assessors Parcel Numher 961-Ot4-076. 4 The ComplainC in Eminent Domain sYat�d that the Ciry sought to condemn the real 5 property interests deseribed in the Complaint for public purposes, namely for conservation b easement purposes, and ail uses necessary or convenient thereto. The Cc�mplaint described 7 the real properCy interests Yhe City seeks t� acquire from the larger parcel as an approximate 8 1.70-acre (74,251 square foot) permanent conservation easement that would be used to 9 create approximately 1.14 acres of riparian habitat and 0,56 acres of wetland�; an 16 approximate 4.52-acre (22,648 square foot) area of an existing dirt road that the City would 0 o i 1 use as an access and water line easement; and an appraximate 0.5$-acre (25,007 square � < a 12 foot) grading easement to connect the conservation easement area and the access and water LL, � `? < 13 line easement area. z ° °� 14 The City and Defendant Borchard-Temecula, L.P., a California Limited Partnership ¢a � 3 15 (`Borchard-Temecula"), the sole fee record owner of the larger parcel at the tirne the City cn s < 16 filed the Complaint and the current sole fee record owner oFthe 1.70-acre area, agreed that, � N Q W �� 17 with the Court's approva(, the City �vould acquir� in this praceeding a fee interest instead of � < �� 18 an easement interest in the approxirnate 1.70-acre (74,251 square foot} area that the City .v� 19 would use for conservation purposes, and all uses necessary or convenient thereto. 20 Accordingly, IT IS HEREBY ORDERED, ADJtJUGED AND DECREED that the City 21 will acquire by eminent domain in this proceeding the approximate 1.7d-acre area in fee 22 from the larger parcel that the City will use for conservatioa purposes, and atl uses 23 necessary or convenient Ihereto. The ap,�roYimate 1.70-acre (74,25 i aquare foot} area that 24 the City is acquiring in fee herein is refened to below as the "subject property" and is 25 described more particularly beiow. 26 Pursuant to a Grant Deed executed by Borchard-Temecula on December 21, 2010 2? and recorded on December 29, 2010 as Dacument Number 2� 10-0623a87 of Official Z8 Records of the Countq c�fRi��erside ("Grant Deed"}, the City of Temecula acquired from -�- Final ludgment in Condemnation 1 Borchard-Temecuia saveral properties in fee, including the 35.OS-acre larger parcel 2(Assessar's Parcel Number 96i-�#�0-OT4} of�yhieh the approximate 1.70-acre sub3eet 3 propert} is a part. Pursuant to tfie Grant Deed, the City acquired a fee interest in the entire 4 approximate 35A5-acre ]arger parcel, except for the 1.70-acre subject praperty. The Gity 5 and Barchard-Temecula agreed that title ta the 1.70-acre subject property would ��est in the 6 City on the reeording of a Finat Order of Candemnation in Yhis peoceeding. Accordingly, 7 because the CiCy is the fee owner af the remaining portions of the larger parcel, ineluding 8 the proposed approximate 0.58-acre (25,00'7 square foot) area Chat was praposed as a 9 grading easement and the appraXirnate 0.52-acre (22,648 square foot) area of an existing 10 dirt road thaC was proposed for use as an access and water line easement, it is not necessary z o I 1 for the City to acquire in this proceeding any interest in the 0.58-acre or 0.52-acre areas. o� �� 12 The City acquired the fee interest in the property interests described in the Grant Deed, a �? < 13 copy of which was attached as E�ibit "C" to the Stipularion fbr Stipulation for Entry of z ° ° 0 14 Final Judgment in Condemnation and Final Order of Condemnation and for Withdrawal of �` 15 Funds on Deposit Submitted by Plaintiff and Defendant Borchard-'I'emecula, which was — 3 N a a N 16 filed with the Court on , 2011, subject to the easements recorded against the ¢W � 4 I'7 larger parceL Accordingly, IT IS FURTHER ORDERED, ADJUDGED AND DECREED %�.' 18 that the City is not acquiring in this proceeding the O.SA-acre a'rea and the 0.52-acre area =!�i 19 described in the Complaint herein because the City is the fee record owner of these areas 20 pursuant to the Grant Deed. 21 All of The named defendants in this proeeeding were served or dismissed. 22 Defendant Southern Califomia Gas Company filed a Disclaimer of Interest herein 23 0� Aprii l, 2009, disclaiming any right, title or interest in or to the real nroperty interests or 24 to the just compensation to be awarded for the real property interests described in the 25 Complaint in Eminent Domain herein, including the 1.70-acre subject property. 26 Accordingly, IT tS FURTHER ORDERED, t1DJLTDGED AND DECREED that Defendant 2 i Southern Califc�rnia Gas Campany has no remaining intcrest in the subject propertY or to 2& the just compensation that will be awarded �For the subject property. -3- Final Judgment in Condemnation i Defendant Verizon Calif�rnia lnc. {"Verizon") tiled a Verified Answer to ihe 2 Co7nplaint on April 17, 2009. Verizan �►ed a Disclaimer of Interest herein, which �vas 3 executed on June 9, 2009, disclaiming any righY, titte or interest in or to the real praperty � interests described in the Compfaint in Bminent Domain or to the jusC eompensation to be 5 aGVarded for said property interests, including the t.70-acre subject property. Accordingly, 6 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant Verizon has 7 no remaining interest in the subject property or the just compensation that will be awarded 8 for the subject property. 9 Defendant Pacific Bell Telephone Company (Doe 1) filed a Verified Answer to the 10 Complaint on April 16, 2009. Defendant Pacific Bell Telephone Company (Doe 1) filed a Z o I 1 Disclaimer of Interest in Real Property and Consent to Dismissal by Pacific Bell Telephone o � � � 12 Company pursuant to Code af Civil Pracedure Section 1250.325, which was executed on � a w� �< 13 July 22, 2009, disclaiming any interest in, or compensation for, the real property interests —� z ° ° o 14 described in the Complaint in Eminent Domain, ineluding the 1.70-acre subjeet property. aa � 3 15 Accordingly, IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant � � °„ 16 Paci�'ic Beil Telephone Company (Doe 1) has no remaining interest in the subject property ¢w �� 17 ar to the just compensation that wiil be awarded for the subject property. � < �'� 18 �n 7une 8, 201 l, the Court entered Yhe dismissal of Defendants Does 2 through 100, _!'i 19 Inclusive; Defendants Any and All Persons Unknown Having ar Claiming to Have Any 2Q Title or Interest in or to the Property Sought to be Condemned Herein; and Defendant State 21 of California. 22 Tbe City and Defendant Borchard-Temecula agreed to fully resolve all of said 23 Defendant's claims arising in conneetion with or out of the Ciry's aequisition of the 1.70- 24 acre subject property, the Project for ��hich the City is acquiring the subject property, and 25 this proceeding pursuanY to a Stipulation for Entry of Final ludgmenf in Condemnation and 26 Final Order of Gondemnation and far Withdra�val of Funds on Deposit Submitted by 27 i Plaintiff and Defendant Borchard-Temecvla. which was filed with the CourC on 28 , 2011 ("Stipulation for Final JttdgmenP'). Aecordingiy, IT IS FURTHER -�- Final Judgment in Condemnation 1 ORBE�.D, ADJUDGEI? AND DECREED that said Stipulation for Final Judgment is 2 incarparated in this Finaf Judgment in Condemnation by this reterence. 3 IT IS F URTHER ORDERED, ADJUDGED AND DECREED that the City of 4 Temecula will acquire by eminent damain in fee the approximate I.70-acre area described 5 more particularly below for a public use, namely for eonservation purposes and a!I uses 6 necessary or convenient thereto: 7 PARCEL"A" CONSERVATICIN AREA IN FEE 8 BEGINNING t1T THE MOST EASTERLY CORNER OF PARCEL `B" 9 OF THE "WETLAND CREATION AREA" AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED NOVEMBER 14, 10 2001 AS INSTRUMENT NO. 561440 OFFICIAL RECORDS OF SAID COUNTY, SAID POINT ALSO BEING ON THE NORTHERLY LINE z ; 1 1 OF THE "WILDLIFE CONSERVATION EASEMENT" AS DESCRIBED o Q IN INSTRUMENT NO. 366277, RECORDED OCTOBER &, 1997 �� 12 OFFICIAL RECORDS OF SAID COLTNTY; W ° �= 13 THENCE NORTH 60°30'00" WEST, 63.17 FEET {NORTH 60°31'OS" z ° WEST, 63.17 AS RECORDED IN SAID INSTRUMENT NO. Sb1440) v, a 14 ALONG THE NORTHERLY LINE OF SAID PARCEL `B", "WETLAND ¢ a CREATION AREA" TO THE BEGINNING OF A TANGENT CURVE � 3 15 CONCAVE SOUTHERLY, HAVING A RADIUS OF 190.00 FEET; � � � T 16 THENCE WESTERLY ALQNG SAID CURVE t�ND SAID _� NORTHERLY LNE OF PARCEL "B", "WETLAND CREATION "� 17 AREA" THROUGH A CENTRAL ANGLE OF 33°12'S0", AN ARC � ` LENGTH OF 110.14 FEET; �!•' 18 =�� THENCE SOUTH 86°17' 10" WEST, 131.69 FEET ALONG SAID 19 NORTHERLY LINE OF PARCEL `B", "WETLAND CREATION AREA" TO THE BEGINNING OF A TANGENT CURVE CONCAVE 20 NORTHERLY, HAVING A RADIUS OF 190.00 FEET; 21 T�-IENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF PARCEL "B", "WETLAND CREATION 22 AREA" THROUGH A CENTRAL ANGLE OF 30°10'OT', AN ARC LENGTH OF 100.04 FE�T; 23 THENCE NORTH b3°32'�#3" WEST, 2337 FFET ALONG SAID 2� NOR"I'HERLY LINE OF PARCEL "B", `=WETLAND CREATION AREA" TO THE BEGINNING OF A TANGENT CURVE CONCAVE 25 SOUTHERLY, HAVING A RADIUS OF 500.00 FEET. 26 THENCE WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF PARCEL "B", `�'ETLAND CREATION 27 AREA" TF�I20UGH A CENTRAL ANGLE �F 25°59'49", AN ARC LENGTH QF 226.$7 FEET; ?g THENCE LEAVIT�7G SAID NORTI-IERLY LIA,TE OF PARCEL `B", -5- Finai Judgment in Condemnation 1� :`WETLt1ND CREt�TIOiv AREA" SOU'TH 86°54'3T' EAST 5�#8.70 F� EET; 2 THEiv'CE SOUTH 82°38'40" EAST, 224.77 FEET; 3 THENCE SOUTF�I 89°34'27" EAST, 489.34 FEET TO A P03NT ON THE 4 NQRTHERLY LINE OF SAID �`WTLDLIFE Ct7NSERVATION EASEMEN'T° ; 5 THENCE SOUTH 55°52' 16" WES"F, 64.65 FEET ALONG THE �IORTHERLY LINE OF SAID "LVtLDLtFE CONSERVATION 6 EASEMENT"; 7 THENCE SOUTH 72°53'44" WEST, 201.78 FEET ALONG THE NORTHERLY LINE OF S�ID "WILDLIFE CONSERVAT'ION 8 EASEMENT"; 9 THENCE NORTH 85°45'3 t" WEST, 386.01 FEET ALONG THE NORTFIERLY LINE dF SAID "WILDLIFE CdNSERVATION 10 EASEMENT" TO TIfE POINT OF BEGINNING. z a 11 The approximate 1.70-acre area the CiCy is acquiring in fee is described on E�ribit o� �� 12 "A" hereto labeled `'Parcel "A" Conservation Area in Fee" and is depicted on Exhibit "B" W� �< 13 hereto labeted "Conservation Area in Fee". Exhibits "A" and `B" are incorporated herein �� z ° ° 0 14 by this referenee. aa � 4 15 On February 19, 2009, the City deposited with the Clerk of the Court pursuant to �n -. �; 16 Code of Civil Procedure Section 1255.010 the sum of $30,250.00 (Thirty Thousand Two �� 17 Hundred Fifty Dollars) as the probable amount of compensation for the real proper[y � < �y 18 interests described in the Cornplaint. Pursuant to the Order Approving the Stipu(ation for _a 19 Final Judgment and Authorizing the Disbursement of Funds on Deposit entered on 20 , 2011, the Court authorized the Riverside County Clerk to disburse to 21 Defendant Borchard-Temecula the $30,250.00 principal on deposit. 22 Pursuant to the Stipulation for Final Judgment, the total compensation that the City 23 �vill pay for the henetit of Defeadar.T Borchard-Temecula is the sum of $50,808.OG (Fifty 24 Thousand Eight Hundred Eight Dollars), inclusive of statutory interest, aktorney's fees and 25 costs. An Acknowledgment Qf Receipt of Jus[ Campensation of Eminent Domain Deposit 26 I executed by Tohn B. Heffernan on behalf of Defendant Borchard-Temecula and filed on 27 , 201 i, acknowledged receipt af the principal sum of $30,254.00 {Thirty 2& I Thousand Two Hundred Fiftti Dollars) on deposit with the Court. An Acknowledgment of -6- Final Judgment in Condemnation I Receipi of 3ust Compensatioa of Warrant fram the City of Temecula executed by John B. 2 Heffeman on behaff of Defendant Borchard-Ternecula and fifed on 3 201 l, acknow}edged receipt of ��anant number fram the City of Temecula 4 for the sum of �20,55&,40 (T�venty-thousand Five Hundred Fif�y-eight L)ollars}. 5 Accordingty, IT IS FURTHER ORDERED, .�DJliDGED AND DECREED that Plaintiff 6 has paid the total just comgensation of $54,808.Q0 (Fifty Thousand Eight Hundred Eight ? Doliars} for the benefik of Defendant Borchard-Temecula as sei forth in the Stiputation for 8 Finai Judgment. 9 Pursuant to the Stipulation for Final Judgment, IT IS FURTHER QRDERED, 10 ADJUDGED AND DECREED that the City will use the 1.70-acre subject property for 0 0 ll conservation purposes, and all purposes necessary or convenient thereto. �� 12 PursuanC to the Stipulation far Final Judgment, based on the water table tests w � �' < 13 performed on the 1.70-acre subject properCy and the site inspections by the City and the z ° ° 0 14 representatives of State Department of Fish and Game, it was determined that it was not cZ a � 3 15 feasible for the City to exeavate portions of the 1.70-acre subject property to the water table � � Q y t6 level because any such excavation would have to be greater than a depth of eighteen (18) � k 17 feet and thus it was not feasible to create a wetlands on the 1.70-acre subject property. uy 18 Accordingiy, IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the City _! 19 will use the 1.70-acre area for conservation purposes, and all uses necessary or convenient 20 thereYo. 21 Pursuant to the Stipulation for Final Judgment, the City and Borchard-Temecula 22 agreed that the effective date of possession of the subject property is , 23 2011, ±h� date Qn �i�hich the fu.ly executed Stipulatian far Final Judgment was filad with the 24 Court ("date of apportionmenY'}. Accordingly, IT IS FIIRTHER ORDERED, ADJUDGED 25 AiVD IafiCREED that the effeetive date of possessian is , 2011. 26 I'I' IS FURTHER ORDERED, ADJUDGED AND DECREED that the use for which 27 the City is acquiring the 1.70-acre subject property herein, namely for conservation 28 purposes, and alt uses neeessary or convenient theretc�, Co mitigate storm drainage faeilities -7- Finai Judgment in Condemnation 1 eonstrucced by the City of Ternecula as part of the Peehanga Parkway Phase II 2 Improvements, including impacts to the 4Valf Valle}� Creek Channel, is a publie use; that 3 the public inter�st and necessity reyuire the Project for which the City is acquir'tng the 4 subject propeny; that the Project is planned and located in the manner that r�°i(1 be most 5 compatible with the greatest public good and the least private injury; that the subject 6 property is necessary far the Project; and that Plaintiff is entitled to condemn said real 7 properiy for such use by virtue of the provisions of Califomia Constitution, Articie I, 8 Section l4, CaliFornia Government Code Seetions 37350, 37350.5, 37351, 40401 and 9 40404, California Civil Code Section 815 et seq., California Code of Civil Procedure 10 Section 1230.010 et seq, (Eminent Domain Law), ineluding but not limited to, Sections O a I 1 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other � � 12 provisions of law. w g �? a 13 IT IS FURTHER ORDERED, ADJIIDGED AND DECREED that consistent ��ith z N ° 0 14 paragraph 31 of the Stipulation for Final Judgment, the payment by the City for the benefit ¢a � 3 15 of Defendant Borchard-Temecula of the total compensation of $50,808.00 (Fifty Thousand v� a ¢ y 16 Eight Hundred Eight Dollars), consisting of the $30,250.00 principal on deposit with the �� 17 Court and the $20,558.00 wanant from the City described above is the total just %y 18 compensation for the full and final settlement of any and all ctaims of Defendant Borchard- _ ! 19 Temecula arising out of or in connection with the Citys acquisition of the subject property 20 described above and in the attached E�ibits "A" and "B, and inciudes and satisfies any and 21 all other payments, if any that the City may be required by law to pay to Defendant 22 Borchard-Temecula in this eminent domain proceeding. The total just compensation aP 23 $SQ,808.�10 (Fifty'I'housan� Eight Hendred Eight Dallars) includes but is not iimited to any 24 and all claims of Borchard-Temecula arising out of or in connection ��ith the City's 25 acquisition of Yhe approximate 1.7Q-acre (74,2� I square foot) subject property Chat the City 26 is acquiring in fee for conservation purposes, and all uses necessary and convenieat thereto 27 � described in Exhibit "A" (abeled "Parcel "A" Consen>ation Area in F�e" and depicted on 28 Exhibit "B'" hereto. Said campensation includes, b�it is not limited Yo compensation for the -8- Final Judgment in Condemnation 1 1.70-acre subject property, sevarance damages, costs to cure damages, inverse 2 candemnation, precondemnation damages, de facto taking, loss of goode��il1 pursuant ta 3 Code of Givi] Praceduce Section 1263.510, damages for �io(ation of civil or constitutional � rights costs, litigation expenses, expert w�itness fees, appraisal costs, attorneys fees, interest, 5 relocation assistance and(or bene6is under the Uniform Relocation Assistance and Rea1 6 Property Acquisition Policies Act of t470 (42 U.S.C. �3601 et seq.), if applicabie, or under 7 TiCle 1, Division 7, ChapCer I of Yhe California Government Code (Secrion 7260 et seq.), $ improvements pertaining to the realty, fixtures, furniture and equipment, moving expenses, 9 abandonment costs, or any other damages of every kind and nature suffered or to be 10 suffered by Borehazd-Temecula by reason of the City's aequisitian of the subject property Z o 11 interests, the Project for ��hich the City is acquiring the subject property interests and this o� � � 12 eminent domain proeeeding. u, a �= 13 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant Yo the Z ° ° 0 14 Stipulation for Final Judgment, said Stipulation for Final Judgment was fully negotiated ¢a � 3 15 between the City and Defendant Borchard-Temecula and wili be construed as if drafted by v, s � y 16 all parties to it. ¢ �� 17 Pursuant to the Stipulation for Final Judgment, IT IS FURTHER ORDERED, � a %y 18 ADJUDGED AND DECREED that the City is not required to file a partial abandonment in _ ! 19 this proceeding to deleee from this proceeding the Ciry's acquisition of the approximate 2Q 0.58-aere (25,007 square foot} area described in the Complaint the Ciry proposed to use as a 21 grading easement or the appraximate 0.52-acre (22,648 square foot) area deseribed rn the 22 Comptaint that the City proposed ta use as an access and water line easement. The City 23 ac4uired these properry interests in fee pursuant to The Grant Deed, subject �o the easeme,~�ts 24 recorded against the larger parcel. 25 IT IS FUR'I`HER ORDERED, ADJUDGED AND DECREED that the City will use 26 the 1.70-acre subject properiy for conservation purposes, and all uses necessary or 27 convenient thereto, which is consistent with the stated public use, and that the City is not ?8 required to amend the Compiaint to specify that it is acquiring the fee interest in the 1.70- -9- Final Judgment in Condemnation . t acre subject property from Borchard-Ternecula or to identify the specitic riparian or other 2 conservation uses ft�r the subject property. 3 IT IS FURTHER ORDERED, ADJUDGED AND I�EGREED that except for an� 4 breach ofterms or condirions eantained in the Stipulation for Pinal 3udgment, Defendant � Borchard-Temecula ��aives and f�reeer reteases the City, including its successors, assigns, 6 officers, employees, attorneys, agents, representatives and anyone acting on or for the 7 City's behalf, af and from any and all claims, demands, actions ar causes of action, $ liabilities, or claims for furiher eompensation, known or unknown, based upon or arising in 9 connection with the Camplaint in Eminent Domain herein, the Project for which the City is 1 d aequiring Che 1.70-acre subjeet property or from the City's acquisition of the subject 0 0 11 property. The foregoing waiver is effective upon the Court's entry of this Final Judgment. �� 12 IT IS FURTHER ORDERED, ADJUDGED AND DECREED pursuant to the w� `� � 13 Stipulation for Final Judgment that Defendant Borchard-Temecula waives its rights, if any, z ° ° 0 14 under California Civil Code Section 1542, which provides, "A general release does not q n � 3 15 extend to claims which the creditor does not know ar suspect to exist in his or her favor at � � Q y 16 the time of executing the release, which if known to him ar her must have materialiy �� 17 affected his or her settlement with the debtor." � 6 ��' 18 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to the =!'i 19 Stipulation for Final Judgment, Defendant Borchard-Temecula waives any challenges to the 20 City's right to take the 1.70-acre subject properiy, and any claims pursuant to Code of Civil 21 Procedure Sections 1240.040, 1245.210, 1245.220, 1245.230, 1245.245, 1250.340, 22 1250.360, 1250.37a, 1268.51 Q and 1268.610. 23 IT IS FLIRT�-IER ORDERED, AI�JUI?GEI? ANL� BECREED that all taxes, cunent 24 and delinquent and all penalties and eosts on the 1.70-acre subject property that the City is 25 acquiring in fee in this proceeding for consen-ation purposes and all uses necessary or 26 convenient thereto, which is described above and in Exhibit "A" labeled "Parcel "A" 27 Conservation Are3 in Pee" and depicYed on Exhibit "B" hereto, will be canceled as of the 28 -IQ- Fina! Judgment in Condemnation 1 , 2Q 11 date of apportionment pursuant tc� Revenue and Taxation Code Section 2 �0$i et seq. 3� IT IS SO ORDERED. 4 DATE: .2011 J 6 7 8 9 IQ Z o il o� p v � 12 � � w � `� < 13 —� z ° ° 0 14 ¢a � 3 15 u� � °� N 16 ¢w x� v o 1� � < "i rg _� 19 20 21 22 23 24 25 26 27 28 -il- Final Judgment ia CondemoaYion exHistrt , •n" IEGAE DESCftlP710M PECHAhiGA FARHWAY ST�Rh! DRAlN IMPROVEMEN7S CON5EF2VATIOM AREA IN FEE, GRADiNG EASEMENT & ACCESS � WATERL}NE EASEMENT 7HAT �ORTION OF THE REMAINOER PARCEE OF PARCEt MAP NQ 30'SC AS SNOWN 8Y A MAP ON FILE IN BOOK 268 pAGES 56 THRQUGH ot OF PARGEL MAPS- (N THE OFFiCE Of THE CQUNTY RECORDER 6F RIIIERSlDE COUfJTY STP.TE C}F CAL#FORNIA BEtNG !v10RE PARTICUiAR( Y DESCRIBED RS FOIIFJWS PARCEI"A" CONSERVAT�ON AR£A IN FEE BEGINNING AT THE MOST EAS7ERLY GORNER O� PARCEL `B' OF THE WE7LAND CREATION AREA° AS DESCRISED IN 7HE F(NAl ORDER OF CONDEMNATION RECORDE� NOVEMBER ta, 2001 AS INSTRUMENT NO 551440 OFF4CfAL RECORDS OF SAID COUNTY SAID POINT AlSO BEING ON THE NORTNERLY LINE Of TNE'WI�DLIFE GONSERVATION EASEMEN7° AS DESCRIBED IN lNS7RUMENT NO J662?7, RECORED OCTOBER S 1997 bFFIC1AL RECORDS OF SAiD CdUNTY, THENCE NORTH 60`30'0�" WEST, 63 17 FEET {NdRT H 60 31 05"' WEST. 63 17 AS RECORDEO IN SAID INSTRUMENT NO 561440} A�ONG THE NORTNERLY LINE OF SAiD PARCEL "8" "WET�RND CREATION AREA TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVlNG A RA�iUS OF 790 00 FEET, TNENCE WESTERtY A�ONG SAID CURVE AND SAID NORTHFRLY LINE OF PARCEL 'B". WET�AND CREATION AREA' THROUGH A CENTRAI. ANGLE OF 33'12 50' AN ARC LENGTH OF 110 1A FEET, THENCE SOUTH 86 17'10" WEST i3i 69 FEET AIONG SAID NORTHERLY EINE OF PARGEL'B'. "WETLAND CREATIQN AREA" TO TNE BEGINNING OF A tANt;ENT CURVE CONCAVE FJORTHERLY. HAVING A RADIUS OF 190 00 FEET. THENCE VJESTER�Y ALONG SAlb CURVE AND SAID NOR THEH�Y LINE OF PARCEL 8. WETLAND CREATION AREA' THROUGH A CEMTRAL ANGLE OF 30 t�iOT' AN ARC IENGTH pF 100 Od FEET_ T HENCE NOftTN 63 32 43` WFST, 23 37 FEET ALQNG SAiD NOR7NER�Y LINE OF PARCFL B" `WET�AND CREATfON AREA TO 7HE BEGINNWG OF A TANGENT CURVE CONGRVE SOUZHERLY, NAVING A RAC7IUS OF 500 OQ FEET, THENCE WESTERLY ALONG SAlD CURVE AND SAID NORTHERLY LINE OF PARCEI 'B . WETLAN� CREATION AREA" THROUGH A CENTRAL ANGLE O� 25 55ag°, AN ARC LENG7H OF 226 37 FEET. THENCE LEAVING SAID NORTHERIY IiNE CF PARCEI'B', "WETLAND CREATION ARcA' SOUTH 86 54 3T' EAST, 54$ 70 FEET. THENCE SOUTH 82 38 ap" EAST 224 77 FEET THENCE SOUTH 89 3c 27 EAST a8g 3g fEET 7p A PC31NT ON TNE NORTHERi.Y L.I�vE t�F �:A1;7 WILDUFE CQNSERVATit�N EASE&'lENT`_ ,,> , . > .:rs 3ted�'.� s�2 i: N,^: 1' i,' P°�A E3Y RCO �ti n 9Y E G�:r Ser, r.v� ,a'�':Zi;O`-lc, �ntii4?�RTl�N ESs`.�T:i dpc 7NENGE SQUTH 55"5� 16` WEST, 64 65 FEET ALONG TNE NORTHERLY �lNE Of SAIG `V1tt�DUFE Cc"�NSER?IA7SON EASEtv1ENT"' THENCE SC}i1�H 72"53'd4' WEST, 204 i$ FEET AI�ONG THE NORTHERLY !INE 4F SAIU "WILQIiFE GONSERVF+TiCSN EASEMENT', THENCE NORT}i $5'45 31" WEST 386 01 FEET A�QNG THE NORTHERLY IIME OF SRtO'bVIL[�L3FE CONSERVATION EASEMENT" TO TNE POINT OF BEGlNNINCa. CONTAINlNG 74 251 SQUARE FEE7 t3R 1 7Q ACRES MORE OR LESS THIS 6ESCRIPTION ALSO SEING 5HOLVN ON TNE ATTACHEO EXHIBIT `B" AND THEREBY BEtNG MAD€ A PART HEREOF PARCEL"8" GRAD�NG EASEMENT COMMENClNG AT THE MOST EASTERLY CQRNER OF PARCEL '�" dF THE `WETLAND CREA710N AREA' AS DE5GftIBEO IN THE FINAL ORDER OF CONOEMNATION RECOROED NOVEMBER 14 2001 AS INSTRUMENT NQ 561440 OFFICIAL RECOROS OF SAip CC}UNTY, SAID POINT ALSO BEING t7N THE NORTHERLY UNE Qf THE'WILDLIFE CONSERVATION EASEMENT" AS DESCRIBEO IN INSTRUMENT Np ao627�, RECORED OCTOBER $, 1997 OFFICIAL RECORDS OF SAID COUNTY, THENCE SOUTH 8545'31" EAST. 38S 01 FEET ALONG THE NORTHERLY LINE OF SAID' WILDLIFE CONSERVRTION EASEMENT` THENCE N(�RTH 72'53'4A" EAS?, 61 JS FEET ALQNG THE NORTHERLY LINE OF SAfD 'WiLDLIFF CONSERVA710N EASEMENT" TO TNE TRUE POINT OF BEGINh{NG: THENCE NORTH 72"53'44` EAST, 14d 0� FEET ALONG THE NORTHERLY LINE OF SAID "WIL�LIFE CONSERVATIQNEASEMENT", THENCE LEAVING THE NORTHERLY �INE OF SAkD "WILDLiFE CONSERVATION EASEMENT" SOUTH 46 41 42" EAST, 28' Q2 FEET, THENCE SOUTH 78 24'18° WEST, 65 00 FEET. THENCE NORTH 58'32'48' WEST, 327 64 FEET TO THE TRUE POINT OF BEGINNING. CflNTAiNiNG 25,00' SOUARE FEET dR D 57 ACRE MORE OR LESS TNIS DESCRIPTfON ALSCS BEtNG 5HUWN ON TNE ATTACNEO EXF�IBIT'C" ANO THEREBY BEING MADE A PART HEREQF Fa�e 2 at 7 ti'2a?e�l 6.. .:7;ZOU:' l ':' PM �Y (� �: � "', CK'J'3Y t"3 'r�:}X r, a=_r'.: c v 'U'0 7 260ll —4ais'�.S^ 4fi Z4�A `I'v�t ESP.iTS 9uc PARCEL"C" ACCESS AND WATER LlNE EASEMENT A STRdP OF LAND 20 FEET WIDE THE CENTERLINE OF 4VHtCH iS pE5C:R18ED AS FOLLQb'VS GOMMENCING RT TNE SOUTHVUESTER�Y CORNER OF LC3T "A` OF PARCEL MAP Nt7 29t32 AS SHflVVN BY MAP C}N FfLE IN BOOK ?9S PAGES ?8 7HRt7UGN 80 IN THE OFFICE OF THE CnUN7Y REGORC}ER O� SRtD CQUNTY TNENCE Nflf2TH 16 3� 44' WEST 7p 23 FEET AIONG TNE k'VESTERLY LINE OF SAID L07 A" TO THE 7RUE PdiNT flF BEGINNit+lG; THENCf SOUTN 61 16'24" WEST. 9� 52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTNERLY. HAVING A RADIUS CF 50 O�J FEET. THENCE WESTERLY AND NORTNWESTERLY r1LONG SAID CURVE THROUGH A CENTRAL A.NG�E OF 86 d4 18`. AN ARC LENGFH OF 136 25 FEET TO THE BEG4NNING OF A RFVERSE GURVE CONCAVE SOUTHERLY, HAVtNG A RADIUS O� 50 00 FEE7 A RAOlAL LINE THROl1GN SAIO POIN7 @EARS NORTH 58D042` EAST. THENCE NORTNWESTERLY ANO WESTERLY ALONG SAtD CURVE THRCUGH A CENTRA� ANGLE Of 93 58'32", AN ARC LENGTH OF 82 Ot FEET, THENCE SOUTH 54'02'10" WEST, 55 07 FEET TO TNE BEGINNING OF A TANGENT CURVE CONCAVE SdUTHEASTERI.Y, HAViNG A RAQIUS dF 200A0 FEET; THENCE SOUTHWESTERLY ALONG SAID CUF2VE THROUGH A CENTRAL ANG�E OF 12 2B'54'. AN ARC LENGTH OF 43 57 FEET, THENCE SOUTH 41 33 15" WEST, 77 05 FEET TO THE BEGINNING OF A TANGENT CllRVE CONCAVE NORTNWFSTERLY, HAVING A RADIUS QF 100 �0 FEE7 THENGE SflUTHWESTEftLY ALONG SAID CURVE TNftOUGN A CENTRAL ANGLE OF 38 38 27" AN ARC LENGTH OF 67A4 FEET, THENCE SdUTH 80 ?' A2" WEST, 121 OS FEET TO THE BEGINNING QF A 7ANGENT CURVE CONCAVE SOUTHEASTERIY. NAVING A RADIUS OF 100 06 FEET. CHENCE SOUTNWESTERLY ALONG SAID CURVE THROUGH A CENTRAl� ANGLE OF 39 15'ZT' AN ARC lENG7H OF 68 5d FEE7 T� THE 8EGlNNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY, NAVING A RADIUS OF 100 00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTN 49�04�40" EHST, THENGE VVESTERLY ALONG SAfD CURVE THROUGH A CENTRAL ANGLE OF 54`02'3B . AN ARG LENGTH OF 94 32 FEET, THENCE NCRTN $5'�2'04': WEST 3? 87 FEET TO THE BEG1NNiNG OF A T�NGENT +�URVE CONCAVE SOUTHERLY. HAVING A RADIUS OF ZOD QO FEET. THENCE WESTERLY ALONG SAID CURVE ?NROUGH A CENTRAL ANGIE OF 09 OS 48'. NN F,RC LENGTH OF 31 93 FEE7_ 7HENCE SOUTN $5 49 0$' LVEST, 232 74 FEET TO A POIN7 ON TNE NORTHEAS'iERLY ��NE �F PRRCEL' B', "GRADING EASEMENT AS DESCRIBEQ ABOVE Paqe 3:;r? Creata�'.;o Gr2'-�OU% 2 '-0 6>6d 8? R t. t� C;KD�Y 9 f�M Spne�'.; � i 0':7`Zt7�'tuy 3is-.°,D tvSi C Ai%�fPd �S1�TS ti.f_� TNE S!DEUNES OF SAIO 29 FOOT EASEMENT SHALL BE PftO�UNGEC� OR SMO�TENED AS TCJ BEGIN AT THE WESTEi2LY UIvIE C1F SAIC7 LC.�i A AND TO TERA�ltdATE �N Th{E h1flRTHEAS(ERLY L4?�;E OF SAID PARCEI �B" CCJNTAiNiNG 22.6A8 SQUARE FEET QR � 52 ACRES MORE OR LE5S THIS DESCRiPTiON ALSO BE?NG SNOWN ON THE ATTACHED EXHIBIT "D' AND thiERE6V BEiNG � h1AL7E ,A PART HEREOF �F t�� . PREPAREO UNDER MY SUPERVISION ��.�' �"�`"� ` �� } ,. � ' � �`' ht7 toi5h � � ^' �' :' ;' ( t;{�; �� Exjt ,ii'id n� �� i f r � �, xs �KEVIN B COZAO �1�� REGISTEREO CIVII. ENGINEER NO ZS159 `�: g�-C'_:�?i�r��• `�:`' C,;' G:1 \E, :�,/ EXPIRES 3-31-2010 -. � __� Pa,e a o' ? r•e,areci �n u� � :;<O�T 1 "; ?Ri HY RC<'I CK�O 8"r 8 Fox - .Servent � 'Yr'�;�;1te-a�s,;?MITCA?;ON ESMT� CCC E�CHIBIT "B" CONSERVATION AREA IN FEE � � , , < < � � , � , � , , ' � � � m � � � �m � I i �r I � rn c�i� i.�.. .( G � D�i a i 2>° rt� / I l � pq�,� �. � z " h .`�. � `-' : . �ti n � I _� � ti�� t � �' A v � 1 --�, � � a � c�'.. � ,�w � r . � b � -a•,' i a ! � °�m> &�<�a � �� c e� o �� / -`��ya x ' � ��oi / i '.n a � u.1 � a U � `V m� j � 1 � / n I 1 n : ° � � t � Z j m ` I � / q ' ' � 1 /\ � y�� c=i F---- -�_� _�� l -� � � N� Ol � N V C r , I `� �'��vwo r� / I G � � � ��,�� F-� r C7 � ' � �T � ' � � r � 1 � y � I � W m Ce z t �: ti � � � � -�, �' m � �i g � I � U� � fS' o� � ° � ��'� { c1'W a c� � a. o �� c� ��`.� � I T O � �� I �-. � � b i 'O y I m� i '`i: ly� O "� I :U � � `$° � JJ!! m aaAi � } � � n � �^ � m�h' �'�`� � � A T � n�i �R�aisl c]� .� --I �D �l"( �i I"�h, 2 � A A�..� t'al � � �U � i u n� � � � ''' I �� 6-0 T I n I �U � � �� ' m S O� C �� OA �� ' ��+�� ' ~ � I ' � y � � � ' � d � `� � � ( (rf — Cj � I 8 �O �D � � � w � � � h � I 888" i j b�! " rm. , � �`--�� q �l j � �1 �> � . � N ,9� '�a. � \ I O N —1 � � � O O � SCALE- t"=2C�' � I � � I I � � � � � � i� SHEET 5 OF 7 Pr<E,PARE� fOR� � ITY OF .EMEI.OLA Q�OFESS/p,y �d 00 BL>�NE55 'ARK OR �$�. �� CmL STRUCNRAL p4pNEERS T� Mt CU�A �:A 92590 /�"�= I �� YUN�%y CONSULT.WTS � pUNNERS (95' } fi94 6<t t )� '� F G? ��y SUfrilNRS f GPS O, eCi,9 4 ! f� {�yr �kf olil(� m M i11i^�� ISl .iaMi fArtlN 54M � Ca 7T5k� " �w"�=—R a m (as» es2-usa . F� (asi �ee-ews B(iR�r{p(?� T�UEC�ILA� iP.. t 7 � It'; * e-r�lmeo:�oma.can A A':F(7RNIA PAR?NERSHIP �-�. CtVil �_?� �,,;,,�.�: i 1 RiCi1liRL7S, �'vA C'S(�N � Gi:R:SH()N A Prott�sionat C�rporation ? PAUI-.rA G1_'TII>RRF:Z f3t1F.,7_r1 (Bar No. 19R6�3) pr<iezarz rnglativ.com 3( 1 Ci�ic�Ccntcr Circle, YO Box 1059 i �Br�a, Cal�f�rnia 9?822-1059 4 'Telephone: 'It=1994.0901 F�acsin�i(c: '714,49t7.6230 5 ' Attortieys for Plaintiff 6 CITY OP TEMECULA � r 8 SUPERIOR COURT OF THE STATE OF CALII�OIiNtA 9 COliN"I'Y OF RNERSIDL; 10 z 11 CITY OF TEMECU'LA, a munioi�a( Case Na RTC 519298 o ° corporation, v�, � 12 HON. JUDGE CRAIG G. RIE�R � � Plaintiff, � DEPT. OS �_ � 13 v. � ° FINAL ORDER OF CONDEMNATION ° 0 14 BORCHARll-"CEMECUI.A, L.P. a Q a Cc111fOTri1�i T ti'T11Ted P21'CItCYShI�; laT&Z' ,[Exempt from �liug fees pursuant Co Gov[. Code y 6103J �` 15 CORP.; SOliTHERN CALIFORIv'IA GAS �� COMPANY, STATF, OP CALIFORNIA; ,[APN 961-450-014 (formerly identified s °;, 16 VERI70N CALIFORNIA INC.; DOES 1 APN 961-010-0'76)] � z= 1'HIZOUGH 100, inclusivc, v�d ANY AND v_ ��'7 ALL P�RSONS UNKNOWN HAVING �� OIZ CLAIMING TO HAVE ANY TITLE �y 1 g OR INTEREST IN OR TO THE � Status Conferenee PROPERTY SOUGHT TO BE Date: October 21, 20ll 19 CONDFMNF�D HEREIN, ; Time: 8:30 a.m. Dept: OS 20 Defendants. 21 22 The Court entered the Final Judgmeilt in CondemYnafion in this eminent domain 23 pi�oceedine. Said Final .iud�n�ent in Condemnation provided that Pla'rntiff Cih of 24 Temecula ("PlaintifF' or "City") has paid the total sum specified in saici Final Judgment for ?5 the benefit of the record fee owner, Defendant Borchard-Temecula, L.P., a Califorilia 26 Limited Partnership (`Borchard-Te�necula"). 27 It appears tQ the Court that Plaintiff has paid for the benefit of I�orchard-Temecula 28 the tatal slmz specitied in said Final Judgnlent �s evidenced by tl�e t�o follc��h�ing Final Order of Condemnation EXH[BIT "G" � noa�nissriiz��ssvz�o� 1 Acknaw•ledgments of Receipt af Just Compensation: {i) an Acknowledgment of Receipt of 2 Just Compensation Uf Eminent Domain Deposit exeeuted by Jahn B. Heffernan on behalf of 3 Defendant-Aorchard-TemecuIa and filed �i�ith the Caurt on , 4 acknowledging receipt af the principal sum of $34,250.00 (Thirty-Thousand T�vo Hundred 5 Fif�y Dollars) on depasit with the Court; and (ii} an Ackno�i�ledgement of Receipt of Just 6 Compensation of Warrant from the City of Temecula eYecuted by John B. Heffeman and 7 filed with the Court on , acknowiedging ceceipt of wanant number 8 from the City of Temecula for the sum of $24,558A0 (T�venty Thousand Five 9 Hundred Fifly-eight Dollars). It further appears to the Court that Defendant State of 10 Califarnia is entiYled to no just compensation in this proceeding. Z o 11 It further appears that all Defendants were served with process. o� � a 12 NOW, THEREFORE IT IS HEREBY ORDERED THAT the 1.7Q-acre area in fee u, � �? i 13 described below (and referred to below collectively as "subject property interests") from the z ° ° 0 14 real property that is a vacant lot located along the northern side of Temecula Creek, Q a � 3 15 including a portion of the floodway, east of Jedediah SmiCh Road in the City of Temecula, v� s � y 16 and identified as Assessor's Parcel Number 961-450-014 ("(arger parcel") is condemned v� 17 and taken for a public use, namely conservation purposes, and all uses necessary or � < �y I 8 convenient thereto in connection with the Pechanga Parkway Storm Drain Improvements — _ ! 19 Environmenta( Mitigation (Project No. PW 99-11EM} ("Project"). The subjectproperty is 20 an approsimate t.70-acre (74,251 square foot) area that the City will acquire in fee 21 (referred to be(ow as the "subject property") to use for conservation purposes, and alt uses 22 neeessary or convenient therefo. 23 IT IS FURTHER ORDERED that the City of Temecula is aequiring herein by 24 eminent domain the approximate 1.70-acre subject property in fee from the larger parcel 25 described more particularly below for a public use, namely for conservation purposes and Z6 all uses necessary or convenient thereto in conneetion with the ProjeeE: 27 PARCEL "A" CONSERVATION ARE4 IN FEE 2& BEGINNING AT THE �v10ST EASTERLY CORNER OP PARCEL -2- Final Order of Condemnation i � "B'> OF THE "W`ETLAtvT) CREATION AREA" AS DESCRIBED IN THE FINRL ORD�R OF CONL�EMNATION RECC)RDED 2 N�VEMBER 14, 2001 AS iiv`STRUi�1ENfiN0. 561�4Q OFFICIf1L RECORDS C)F SAID COUNTY, SAID POINT ALSO F3FING ON 3 THE NC7RTHERLY LINB OF THE `WiLDLIFE C'ONSERVATIO2J EASEMENT" AS DESCRIBED IN INSTRU�4iE.NT NC}. 3b6237, 4 REGORDED C3CTQBER 8, I997 OFFICIAL RE;CORDS OF SAID COUNTY; 5 THENCE NORTH 60°30'04'' WEST, 63.17 FEET {h'ORTH 6 60°31'd5" WEST, 63.17 AS RECC}RDED IN SAID I�iSTRUMENT NO. 561440) ALONG 1'HE NORTHERLY LINE OF SAID 7 PARGEL "B", "WETLAND CREATION AREA" TO THE BEGINNING OF A TANGENT CURVE CONCAVE 8 SOUTHERLY, HAVING r� RADIliS OF 190.00 FEET; 9 THENCE �'VESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF PARCEL "B", "WETLAND CREATION 10 AREA" THROUGH A eENTRAL ANGLE OF 33°12'S0", AN ARC LENGTH OF 110.14 FEET; a� 11 THENCE SOUTH 86°17' 10" WEST, 131.69 FEET ALONG SAID cn � 12 NORTFfERLY LINE OF PARCEL "B", "WETLAND CREATION °; � AREA" TO THE BEGINNING OF A TANGENT CURVE �? 0 13 CONCAVE NORTHERLY, HAVING A RADIUS OF 190.04 FEET; z �, ° 0 14 THENCE WESTERLY ALONG SAID CURVE AND SAID ¢ a NORTHERLY LINE OF PARCEL `B", "WETLAND CREATtON � 3 15 AREA" THROUGH A CENTRAL ANGLE dF 30°10'07", AN ARC o a LENGTH dF 100.04 FEET; � �, 16 `= W THENCE NORTH 63°32'43" WEST, 23.37 FEET ALONG SAID � K 17 NORTHERLY LINE OF PARCEL "B", "WETLAND CREATION �` AREA" TO THE BEGINNING OF A TANGENT CURVE �%y 18 CONCAVE SOUTHERLY, HAVING A ItADIUS OF 500.00 FEET. _� 19 THENCE WE5TERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF Pf1RCEL `B", "WETLAND CREATION 20 AREA" THROUGH A CENTRAL ANGLE OF 25°59'49", AN ARC LENGTH OF 226.87 FEET; 21 THENCE LEAVING SAID NORTHERLY LINE OF PARCEL "B", 22 "WETLAI�tD CREATION AREA" SOUTH 86°54'37" EAST, 548.70 FEET; 23 THENCE SOUTH 82°38'40" EAST, 224.77 FEET; 24 THENCE SdUTH 89°34'27" EAST, 484.39 FEET TO A POINT ON 25 THE NORT`HERLY LINE OF SAID "WILDLIFE CONSERVATION EASEMENT": 26 THENCE SOUTH 55°�2' 16" WEST, 64.65 FEET AL.ONG TF-IE 27 NORTHERLY LINE �F SAID `��L`ILDLIFE CONSERVATION ?g E.�SEMENT"; -3- Final Order of Condemnation 1� T�IENCE SOUTI-F 72°53"44" ��rEST, 241.78 FEET ALONG THE NORTHERLY LfNE OF SAID "WILDLIFE CONSERVATION 2 Er'�SEIviEi�IT": 3 THENCE i�TORTH 85°4S'31" WEST, 386.01 FBET ALONG THE hiCJRTHERLY LINE OF SAID "WILI7LIFE CONSERVr�TION � EASEMf?NT" TO THE POINT OF BEGINiYING. 5 The approximaie 1.70-acre area [haz the City is acquiring in fee is descriBed in 6� Exhibit "A" hereto labeled "Parcet "A" Conservation Area in Fee" and is depicted on 7 Exhibit "S" hereto labeled "Conservation Area in Fee". E�ibits "A" and "B" are 8 ineorporated herein by this reference. 9 IT IS FURTHER ORDERED, AD7UDGED AND DECREED that on recording a 1 Q certified copy of this Final Order of Condernnation with the County Recorder of the County Z o 11 of Riverside, State of California, title to Che 1.70-acre subject property in fee, which is o� �� 12 described above and on E�ibiC "A" to this Final Order of Condemnation labeled "Parcel W d `? � 13 "A" ConservaYion Area in Fee" and depieted on E�ibit `B" to this Final Order of z ° ° a 14 Condemnation labeled "Conservation Area in Fee", will vest in the City of Temecula, its ¢� 3_ 3 15 successors and assigns. v7 s °� N 16 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all taxes, cunent ¢ ' � k 17 and delinquent and ail penalties and costs on the 1.70-acre subject property that the City is %y 18 acquiring in fee in this proceeding, which is described above and in E�ibiC "A" labeled _1. 19 "Parcel "A" Conservation Area in Fee" and depicted on E�chibit "B" hereto, will be 20 canceted as of the , 2011 date of apportionment pursuant to Revenue and 21 Tasation Code Section 5081 et seq. 22 The Clerk is ordered to enCer this Final Order of Condemnation forthwith. 23 IT IS SO ORDERED. 24 25 DA'I`E: , 20ll 26 JLDG ' E 27 ?g -4- Final Order of Condemnation EXH!$IT "A" LEGAL 6ESCRFPTION PEGHANGA PARKWAY STOf2M DRAIN IMPROVEM€NTS CONSERVATION AR�A iN FEE, GRADiNCa EASEMENT 8 ACCESS & WATERtINE EASEMENT 7HAT RQR710N QF TNE REMAINDER PARCEL OF FARCEI MAP Nd 3D1&4 AS SNtJYVN HY A t�9AP ON �I�E IN BOOK 20$, PAGES 56 THROUGN 6f OF PARCEI MAPS IN THE ��FFICE O� THE COUNTY RECQRDER OF RIVERSIDE COUNTY STATE QF CAtiF{3RN1A BEING h1QRE PARTICULARLY DESGRIBED AS F�l��OWS PAF2CEL . 'A „ CONSERVAT�ON AREA IN FEE BEGINNlNG R7 TNE MOST EAS7ERk Y CORNER OF PARCEI 'B' OF TNE "WETLAND CREATION AREA° AS DESCRIBEO tN THE FINAI ORdER QF C6NQEMNATtON RECORDED NOVEMBER 14. 2001 AS INSFRUMENT NO 567440 OFF�CIAL RECdRDS OF SAID CQUNTY SAID POINT f�LSO BEING ON TNE tVORTHER�Y �INE OF THE `WILDLIFE CONSERVATION EASEMENT" AS DESCRBED IN INSTRUMENT NO 366277 RECORED OCTOBER 8 1997 OFRGIAI REGORdS OF SAID COUNTY, THENCE NORTH 60"30'00" bNEST, 63 17 FEET (NORTN 60 31'05' WEST, 63.17 AS RECORDEd IN SAID INSTRUMENT NO 561440} R�dNG THE NORTHERIY L)NE OF SAID PARCEL "8". "WETLANQ CRERTION RREA" TQ THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTNERLY HAVWG A RA�IUS OF i90A0 FEET, THENCE WESTERLY ALONG SAiD CURVF ANO SA1D NORTHERLY LINE OF PARCEL "B". "VJET�AND CREATION AREA" THROUGH A CENTRAL ANGIE OF 33' 12 50 . RN ARC LENGTH OF ? 10 id FEET. THENCE SdUTH 86`?T10" WEST T31 69 FEET ALONG SAID NORTHERLY L4NF OF PARCEL°B", 'WETLAND CREATION AREA" TO THE BEGINNING OF A 7ANGENT CURVE CQNCAVE NORTHERLY NAVING A RADIUS OF 190 00 FEET 7NENCE WE5TERLY ALQNG SAID CURVE ANO SAID NOR?HERLY LINE OF PARCEL 'B' "WETLAt*JD CREATIpN AREA" THROUGti A CEN7RAL ANGLE QF 30 id�07". AN ARC LENGTH OF t00 04 FFET THENCE NORTH Fi3 32'd3" bNE5T 23 37 FFET ALONG SAID NbRTHERLY LINE dF PkRGEL "8', WETLAND CftEATlON AREA" TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RAD4US OF 500 OG FEET. THENCE NJESTERLY ALdNG SAtD CURVE AND SAIC NQRTHERLY LINE OF PARCEL 'B'. WETLNND CREr1T10N AREA' 7HROUGH A CENTRAL ANGIE OF 25 59'49 , AN ARC LENGTH QF 226 87 FEET. THENCE LEAVING SAID NORTHERIY UNE Q"r PARCEL'B°. WETL�IND CREATtON ARFq SOUTN 86"54 37` EAST 548 ?0 FEET. THENCE SOUTH 82'38 a0 EAST 224 "77 FEET. THENCE SOUTH 89 34'27" EAST A84 39 FEET TQ A POiNT GN TNE NORTHEF.�Y LINE �F SAIC "VJILDL1fE CQNSERVi,TION EASEiUtENT'. PzgF t p} ,' t�([aIPCJ �r1 Cie'"i:�.!' . �� O S':4I B\" RCO CK'� NY ;3 F�v �9;ver}p � � i'�G6�' �e�5t3f3P�t It..l'"i��N E SM?S dJc TiiENCE SC7UTH 55 S2 16" WEST 6d b5 FEET .ALONC.s THE 1'�IC?RTNERLY LiN£ QF Sr110 WiIGEI� E CONSERYA7IDN EASEMENT" 1HENGE SOUTH i2 53'44' WEST, 201 78 FEET AtONG THE NOR7HERLY LiNE 4F SRID'�NlLbt1FE GOfVSERVATfflN EASEtvtENT": THENCE NCSR7ti 85'45 31° WEST 38h 41 �EET ALONG THE NORTHERt_Y i.iNE QF SAIO 'L'V!I.QIlFE CC}NSERVATION EASEMENT' TO THE POltJT Of BEGIHNING. Gf}NTAININC, ?d.251 SQUARE FEET tlR ?'4 ACf2ES MORE OR LES5 THIS DESCRIPTfON Al5Q BEING SHOWN OM tNE ATTACHED EXHIBIT 'B" AND THcREBY BEING MADE A PART NEREOf PARCEL"B" GRADING EASEMEIVT COMMENCING AT THE MOST EASTERLY CORNER OF PARCE� 'B° OF THE "WETLAND CREATICN AREA" AS DESCRi6ED IN THE FINAL ORDER OF CONOEMNATION RECORDED NOVEMBER 14 2001 AS iNSTRUMENT NO 561444 OFFICIAL RECORpS OF SAID COUNTY, SAIO PflINT ALSd BEING ON THE NflRTNERLY LINE OF TNE `WILDIiFE CONSERVATION EASEfi9ENT° AS DESCRIBED IN INSTRUMENT Nd 36$277 RECORED OCTOBER 8. 1957 dFFICSAI RECORDS OF SAID COUNTY, THENCE 50UTH &5'45'31" EAST. 388 Ot FEET ALONG THE NORTHERLY LWE OF 8A14 `WILDLIFE CONSERVA7�QRf EASEMENT", THENCE NORTH 72'S3'44' EAST, &1 78 FEET ALQNG THE NORTHERLY LINE OF SAID "WIIDLiFE CONSERVATION EA5EMENT' TO 7HE TRUE PQ(NT OF BEGINNWG; THENCE NORTH 72'S3'44` EAST, 14� OU FEET ALONG THE NORTHERIY LINE OF SAiD'WI�CLIFE CONSERVATtON EASEMENT". THENCE LEAVING THE N4RTHERLY LW E OF SAID 'WILdUFE CONSERVATION EASEMEN7" SOU7H 46 4i 42" EASL 287 02 FEET; THENCE SOUTH 76'24`i8' WEST, 65 00 FEEF; 7HENCE NOftTH 58 32'48` VVEST. 327 64 #=EET TO THE TRUE PdINT OF SEGINNING. GONTAINING 25 OOf 5{�. UARE FEET OR 0 57 RCRE MORE OR LES5 THIS DESCRIPTiQN A�SO BEING SHtJWN ON THE RT7ACHED EXHBtT'G"�' ANJ 7HERE8Y BEING MADE A PART HEREQF Pag� 7, nt 7 (;rAateh o . =;�!/Zv'0' 2 "� i'fiA Bv RC6 C�C';.7 BY 3 �ox . •�:5e;vsi�� c�v�l!QZC;2Dfltleyats�SU MST6�A?sQN ES^+7':S tloc PARCEL '"C" AGCESS AND WATER LINE fA$EMENT A STRip C7� t.AND 20 FEET Wl�E THE CENTERLINE OF Lh'NtCH iS DESCRt8E0 AS FQ�LCIVS COMPAEMCING AT TNE SOUTHWESTERI.Y C�RNER QF LOT "A" QF PARCEL MAF Nfl 29'.32 AS �HO4NN 9Y MAP OtJ FILE fPu BQflK 199, PRGES 7d THROUGN $0 iN iNE QFF)CE C�� TNE COUNTY RECORf)�ER OF SA1D Cdl1NTY' THENCE NORTN �635'A4' WEST t� 23 FEET AIONG THE WESFERLY LINE OF SAIO l(JT °A TC� THE 7RUE pO1NT Of BEGINNING; tNENCE Sfll1TH 6�'16'24'" WEST, 90 52 FEET TQ THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERtY. NAVING A RAOiUS OF 9D +JO FEET TNENCE WESTERLY AND NOftTHWESTERLY ALONG SF�ID CURVE TFiROUGti A f;ENTRAL P.NGLE OF 86 44 18 . AN ARC LENGTH OF 136 25 FEET TO TNE BEGINNlNt, QF A REVERSE CURVE CONCAVE SOUTHERtY HAVIPJG A RADIUS OF 50 00 FEET � RA61AL LINE THR6UGH SAIO POiNT BEARS NORTN 58 QQ 42" EAST. THENCE NORTNWESTERLY AND WESTERLY ALdNG SAID CURVE THROUGH A CENTRAL ANGLE OP 93'S8"32", FlN ARC LENGTH OF 82 Oi FEET, TNENCE SOU7H S�1�02"10" WEST, 55 07 FEE7 TO TH6 BEGINN(NG OF A TANGEtYf CURVE CONCAVE SOUTHEA5TERLY, HAVING A RApIUS OF 200.00 FEET, THENCE SOUTHWESTERLY ALONG 5AID CURVE iHRQUGH A CENTRAL ANGLE OF 12 28 54', AN ARC LENGTH OF 43 57 FEET, THENCE SOUTH 41 3315" WEST, 7? 05 FEET TO 7HE BEGINNING OF A TAN6ENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 10Q 00 FEET, THENCE SOUTNWESTERIY ALONG SAID CURVE 7HRflUGH A CENTRAL ANGLE OF 3838 27' AN ARC LENGTH OF 67 44 FEET, THENCE SOUTH 80" t t'A2' WEST. 12 i 08 FEET TO THE BEGINN!NG OF A TANGENT CURVE CONCAVE SOUTNEASTERLY, HAViNG A RADIUS Qf 100A0 FEEL THENCE SOUTNWESTERLY ALONG 5A10 CUftVE THROU�N A CENTRAL ANGLE OF 39� 16�21' AN ARC IENGTN OF 68 54 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERIY HAVING A RAQIUS OF t00 OQ FEET, A RADIA� LINE THROUGH SAID POIN? BEARS SQUiH 49 0440° EAS?. THENGE WESTERLY ALdNG SAiD CURVE THROUGH A CENTRAL ANGLE OF 54 02'36' AN ARC LcNGTN OF 94 32 FEET, THENCE NORTH 85 Q2'04" WEST. 31 87 FEET TO tHE BE6iNNING Or A TANGENT CURVE CONCAVE SflUTHERLY. HAVING A RAD�U5 OF 200 Q� FEET. THENCE WESTERLY ALONG SAlD CURVE TNROUGH A CENTRAI ANGLE OF Q9 0$ d8 AN ARC LENGTH OF 31 93 FEET TNENCE SOUTH 85 4908° �VEST. 232 74 FEET TL1,q POiNT ON THE NORTHEASTERLY LSNE OF PARCEL "B", "GRAOIhG EASEMENT' AS DESCRIBED ABOVE Pa;e 3 ? ? C�<a[etl on 5r2 t,,��;�? 2 ;ii r�. E3v Rt;p GK�� RY 9 Fo. ..��.i ;. 9 ��.�p�J�,L a> >��0..54t ,�i.•„a ESUfrS �loc TNE 5�C�ELINES OF SAID 2C� FOOT EASEMEN'f SHAt� 8E PRCl4N(3EL7 OR SHOR r�MELI �S TC� BEGtN AT THE WESTER�Y LINE (?F SAID LOT "A° AND TO IERM1hlATE QN THE NC}RTHEASTERIY LINE OF SAiD PARCEL "B" ' GONTAtNiNG ?2 548 SOUARE FEET QR 0 52 AC�?ES MORE OR LES5 THIS DESCRIPTION ALSC7 BElNG SHQVVN ON TNE ATTACHED EXHIBIT "D" AND?HEREBY EEING MA.pE A PART NEREt�F ' :\ �� 4Q�7� PREPAREd UNDER MY SURERV1514N 9�+ ' r '�� y � � 7 , - ,.,� //� 7.,: P 0 ?r;;5n ) � � � <"�t t � ! 1 l, , e � ;� Ca� .3fi�0 � ;� � ��v KEVIN B CC7ZAD �� k REGISTEREO CIViL ENGINEER h10- 26159 �. q°� �<��;��`� EXPIRES 3-31-2�10 ��'�a�,G=��",:.. �aGe a o! ' .:raateaon5r2'.�"r9C?_ f BY RGtJ C�;JBY 9 Fc�x _,flrvea�ll c i G 7.2; �it�3aiv�SO Pvii��_-A7!C:K ESM�S d:ar i I ExHieiT ��8�� CONSERVATION AREA IN FEE , � , � c � , , � � 4 I ! � � I I z / " � T m � I m � � �Ti � � �y I .�i rnU r�.+.riG � a'� i �: �� 1 I � � z�� ( w �tint�, � I r°jL' cn I s�,� " � I � R' m i � w � � �i !! y �''�T� � I �� n b �` ( U u o v�� / �4a a � ' A 2 � / '� t �. � . v ' 4 m � / 'II � � �� i n � � a ! � � �-LJ � � � J m _ i � � ° � � yw ^� at �� --_____ � a 1 Nx�xN� � � � (� / � � � � � 4 F J - � � � � N / 2 � � � i i ` ti � � _ � ( � � m� � � � ° t I � � � r ?� � � �c �.� 1 �� I `� � "— ,�-- I ti� � � � cs F" i �e I �.. I �. �- � o� �� H� i? � i o0 �.� O m� I �� '[ U n � n i � �� -., � � � � � 2 l !� i; � c�.�!+� O "� � m V � . �'VG m o a c�n CD '�+ ( $ L �� nj�l � § ' C�y � ^•F��• 'a T2n� � c�•i � � Ri ��.�. �i. b � � �� Tr�i � �I i "� , V � � � a 2 'Z � � N n� '' i '� T � � a � � i N f � V O � � i . �' ' � ' V � � � � ` � O� O ' i '' i �l V � �' �'� � � � ► -1 / � � � � d � I � �� I � � � > � � � � � O N i � � � $ $ � � A � � � r �� c � __.. GJ � I � �"� 1 . R yj rQi � � \ � � o ..� s SCALE i"=200' � � � �� 1 � � � �� i� SHEET 5 OF 7 F'FEj?ARep FOk' t;�, iY GF ?EMECJLA 4ROFESS��y 43200 BU7��:NFSS ?ARK DR '�,� $• �- CML / STRl7C7URIt ENGINEERS '(EMECIJLA CA V?590 j � � f ' ? � „r l,� MUNKSP?L �ONSULTANTS / PIANNERS (951} 69a 6ai 1 �� Q 2Ct59 r , / SUFhEYORS CPS �CORD uWNER: � � i= Fxp �31'f6 '�^, ��`� rv su,k, cirae 56.w • cc PiSµ ; _ b m Za3i� �-a�s� . c,v� (sc� �ee-ea+s B�RCNAF,FJ—TEhAECUiA, L P , ��*� ' ` � � � } * E ��>�� A ;:'ALIFORNIA PARTNERSHIP CiVl4 ,.T �''^` „! �`-��j �a� o a��j O �m P ��O �N oo aQ V�PP 2 � 7� �: �o a � y 3 �� o• ULA PKY 2 h� TEMEG yc 2 O Existing Wildlife / m ,� Conservation � Unused Easement ��---- ---- ' o �� \ N Existing Open Space Wetland Creation Areas Conservation Easeme FloodwaY Area 0.08 AC Outside 100 yr floodplain (5%) �`�°�--� 0.80 AC 100 yr floodplain (47%) f ��-'"� '� � ;� ,, aQ� 0.82 AC Floodway (48%) � J i i � � � �o° � � ' �; 100 year floodplain j ,�ea� �� Access & i �`-'� o .., \ /�,,, '�° ``��'�� ,: Waterline ---------- -- --- Easement �� '� � � -- - — - � Floodway (100%) � / �— �� - -- -- - �� i _ � � � ,-- � f �, Floodway __"------- �'' i �� ----- -__-r � _� �-- �. E�dsting ��- � � ,'i� Wetland Rough Grading �, _�/ ``````��' Preservation Easement �-- — - -- Area 0.57 AC \ , � Floodway (100%) ---``��''�� -n Existing Wildlife o Conservation F1oo dway � Easement `r � r f\oodp� ________________ ____ ,� �� TREE LN � . Temecula Creek Floodway 100 year floodplain Legend �ANTERFlELD DR Flood Lines Easements �` 500 yr floodplain I I Rough Grading � Z 100 yr floodplain CI Access & Waterline w � � o Floodway n Conservation w T F � ��G � �'9�� g � o �oo zoo aoo Faae Item No. 11 ORDINANCE NO. 11-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11-0002) WHEREAS, the State Legislature has declared that the lack of housing, including housing for persons with disabilities, is a critical problem that threatens the economic, environmental, and social quality of life in California; and WHEREAS, Government Code Section 65583 requires that the City's housing element address governmental constraints to the development of housing, including housing for individuals with disabilities, and that the City provide reasonable accommodations for housing for persons with disabilities; and WHEREAS, a procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use and zoning regulations, policies, practices and procedures will further the City's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities; and WHEREAS, state law requires that residential care facilities serving six or fewer persons be treated as permitted uses in all residential districts to encourage access to housing for disabled persons; and WHEREAS, to conform to state and federal law and to provide disabled persons an equal opportunity to use and enjoy housing, it is necessary to amend Title 17 (Zoning) of the Temecula Municipal Code to establish a reasonable accommodations procedure and designate residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance and the Negative Dedaration on June 1, 2011, at a duly noticed public hearing, as prescribed by law, at R:/Ords 2011/Ords 11-03 1 which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 11-22 recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on June 28, 2011, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment in Planning Application Number LR11-0002 hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance establishes a procedure to request a reasonable accommodation from the City's zoning and land use policies. The proposed Ordinance also designates residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. The amendment to Title 17 of the Temecula Municipal Code does not concern a particular land use designation, but it has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance establishing a procedure to request a reasonable accommodation from the City's zoning and land use policies, and designating residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts, has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: . Consistent with Health & Safety Code Sections 1267.8, 1566.3 and 1568, the City will amend the Development Code to treat licensed residential care R:/Ords 2011/Ords 11-03 2 facilities and group homes serving six or fewer no differently than other by- right single family housing uses . Consistent with SB 520 enacted January 1, 2002, the City annually analyzes and determines constraints on the development, maintenance, and improvement of housing for persons with disabilities; and . Amend the Development Code and adopt a formalized reasonable accommodation ordinance to provide exception in zoning and land use for housing forpersons with disabilities. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and with the Temecula General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines ( California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending Title 17 of the City's Municipal Code to establish a reasonable accommodations procedure ("ProjecY'). Based upon the findings contained in that Initial Study, Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, Staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on May 7, 2011 and expired on May 26, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development at City Hall, located at 41000 Main Street, Temecula, California 92590. B. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 28, 2011 public hearing, and based on the whole record before it, finds that (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. R:/Ords 2011/Ords 11-03 3 Section 4. A new Section 17.03.065 is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "17.03.065 Reasonable Accommodations. A. Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. B. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings: "ApplicanY' means a person, business, or organization making a written request to the City for reasonable accommodation in the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures. "Director" means the Director of Planning. "Disabled Person" or "Person with a Disability" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance. "Fair Housing Laws" means the "Federal Fair Housing Act" (42 U.S.C. § 3601, et seq.), the Americans with Disabilities Act, and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each AcYs implementing regulations. "Reasonable Accommodation" means any deviation requested and/or granted from the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures. C. Authority of the Planning Director The Planning Director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation. D. Procedure for Application Review. 1. Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability. 2. Application. An application for a reasonable accommodation shall be made on a form provided by the Planning Department. No fee shall be required for a R:/Ords 2011/Ords 11-03 4 request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. 4. Required Submittals. An application for a reasonable accommodation shall include the following: a) Documentation that the applicant is: (i) a person with a disability; (ii) applying on behalf of one or more persons with a disability; or (iii) a developer or provider of housing for one or more persons with a disability. b) The name and address of the individual(s) requesting the reasonable accommodation. c) The name and address of the property owner(s). d) The address of the property for which accommodation is requested. e) A description of the reasonable accommodation requested by the applicant. � An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence. g) Where applicable, documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities. 5. The Planning Director may request additional information from the applicant if the application does not provide sufficient information for the City to make the findings required in Section E. E. Basis for Approval or Denial of a Reasonable Accommodation. R:/Ords 2011/Ords 11-03 5 1. Findinqs. The written decision shall be based on the following findings, all of which are required for approval: a) The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws. b) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. c) The requested accommodation will not impose an undue financial or administrative burden on the City. d) The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program. e) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. 2. In determining whether the requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling, pursuant to Section (E)(1)(b) above, the City may consider, but is not limited to, the following factors: a) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. b) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. c) In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. d) In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. R:/Ords 2011/Ords 11-03 6 3. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the City's zoning program, pursuant to Section (E)(1)(d) above, the City may consider, but is not limited to, the following factors: a) Whether the requested accommodation would fundamentally alter the character of the neighborhood. b) Whether the accommodation would result in a substantial increase in traffic or insufficient parking. c) Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. d) In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. 4. Rules While Decision is Pendinq. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. F. Notice of Decision 1. The Planning Director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation. The Planning Director may elect to forward the matter to the Planning Commission for consideration of the application. 2. Appeals of the Director's action shall be made in accordance with Section 17.03.090. G. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 1. Expiration. Any reasonable accommodation approved in accordance with the terms of this Section shall expire within twenty-four (24) months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless: a) A building permit has been issued and construction has commenced; b) A certificate of occupancy has been issued; c) The use is established; or R:/Ords 2011/Ords 11-03 7 d) A time extension has been granted. 2. Time Extension a) The Planning Director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions. b) Notice. Notice of the Planning Director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process. c) Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the City Council within fourteen (14) calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 17.03.090 of this code. 3. Discontinuance. If the disabled persons for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the Planning Director determines that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Planning Director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty (30) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. 4. Revocation. Procedures for revocation shall be as prescribed by Section 17.03.080. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. H. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if R:/Ords 2011/Ords 11-03 8 the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval." Section 5. Section 17.03.090(B) (Appeals) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission: 1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time; 2. Actions by the director of planning on the approval of sign permits; 3. Any other action by the director of planning for which an appeal is authorized by the Code." Section 6. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Residential care facilities (six or fewer)" as a permitted use in all residential zoning districts. Section 7. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 8. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 9. This Ordinance shall take effect thirty (30) days after passage. R:/Ords 2011/Ords 11-03 9 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12� day of July, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 11-03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28� day of June, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12� day of July, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2011/Ords 11-03 10 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 12 ACTION MINUTES of JUNE 28, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 737 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 15 Action Minutes - Approved Staff Recommendation (4-0-1) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected approval with the exception of Director Roberts who abstained RECOMMENDATION: 15.1 Approve the action minutes of June 14, 2011. CSD DEPARTMENTAL REPORT 16 Communitv Services Department Monthlv Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes\062811 1 CSD ADJOURNMENT At 739 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 12, 2011, at 530 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\062811 2 Item No. 13 Approvals City Attorney Director of Finance /�� City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Temecula Community Services District DATE: July 12, 2011 SUBJECT: Annual Tree Trimming and Maintenance Services PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Boards of Directors: 1. Approve the Agreement with West Coast Arborists, Inc. in the amount of $435,000 annually, plus a 10% contingency in the amount of $43,500 for tree trimming and maintenance services for Fiscal Years 2011-2012 and 2012-2013. BACKGROUND: On June 03, 2011 Request for Proposal (RFP) and specifications for the Tree Trimming and Maintenance Services was posted on Planet Bids. On June 17, 2011 five (5) proposals were received. The following proposals were submitted. 1. West Coast Arborists, Inc. 2. Trimming Land Company, Inc. 3. California Tree Service, Inc. 4. Aztec Landscaping, Inc. 5. So Cal Tree Care, Inc. The firms were ranked as shown. Staff has determined that West Coast Arborists, Inc. was the highest ranked firm based on their submittal and specific unit prices. The work to be performed includes tree trimming, tree and stump removals, root pruning, tree planting and emergency work call-out. This work is necessary to maintain approximately 15,000 trees located at city parks and other various areas maintained by the Temecula Community Services District. R:\SIRE REPORTS ET AL\Maintenance�2011-2012\West Coast Arborists, Inc\West Coast Arborists 2011 - 2012.doc Staff has reviewed the bid proposal from West Coast Arborists, Inc. West Coast Arborists, Inc. has performed work for the Temecula Community Services District in the past, and we have found their work to be satisfactory. FISCAL IMPACT: Adequate funds are available in the FY 2011-2012 Annual Operating Budgets. The total annual contract amount is $435,000 plus a 10°� contingency of $43,500. ATTACHMENTS: Contract R:\SIRE REPORTS ET AL\MaintenanceWgenda Report 2007-2008\West Coast Arborists 2007-2008.doc AGREEMEN? FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND WEST COAST ARBORISTS, INC. FOR TREE TRIMMING AND MAWTENANCE SERVICES THIS AGREEMENT is made and effective as of July 12, 2011, between the Temecufa Community Services District, a community services district (hereinafter referred to as "City"), and West Coast Arborists, Inc., a Corporation (hereinafter referred to as "Contrector"). In consideration of the mutual covenanis and conditions set forth herein, the parties agree as foliows: 1. TERM This Agreement shall commence on July 12, 2011, and shail remain and continue in effect until tasks described herein are compieted, but in no event later than June 30, 2013, unless sooner terminatetl pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contrect for three (3) additional one (1) year term(s�. In no event shall the contract be extended beyond June 30, 2016. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPp. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and fumish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be perFOrmed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A 3. PAYMENT a. The City agrees to pay Contrador 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 FOUR HUNDRED THIRTY FIVE THOUSAND DOLLARS AND NO CENTS ($435,000.00), annually for a total amount of EIGHT HUNDRED SEVENTY THOUSAND DOLLARS AND NO CENTS ($87Q000.00) for the total term of this agreement, unless additional payment is approved as provided in this Agreement. b. Contractor 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 General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Genera� Manager and Contractor at the time City's written authorization is given to Contractor for the pertormance of said services. c. Contractor will submit invoices monthly for actual services performed. invoices shall be submitted between the first and fiReenth business day of each month, for 1 services provided in the previous month. Payment shall be made within thirty (30) days of receipt oi each imoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Por all reimbursements authorized hy this Agreement, Contractor shall provide receipts on aIl reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERfORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, performs all tasks described herein. Contractor shall emptoy, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, toois, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shatl submit to City, in writing, all claims tor compensation under or arising out of this Agreement, The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previousty made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of Cairfornia, the City Council has obtained the general prevaiiing rate of per diem wages and the general rate for hofiday and overtime work in this locafity 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 Intemet website at http�J/www.dicca.qov. Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shaii pay the adopted prevailing wage rates as a minimum. Contractor shall compty with the provisions of Sections 1773.8, 1775, 1776, 1777.5, t777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contrector shall forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontracfor under him, in vioiation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any [ime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides othenvise. 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 Seciion, the City shali pay to Contractor the actual vaiue 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 2 pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to compiy with the provisions of this Agreement shali constitute a default. In the event that Contrector is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractors control, and without fault or neg�igence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the CoMractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the defauit by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwiihstanding any other provision of this Agreement, to terminate this AgreemeM without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, andlor Redevelopment Agency of the City of Temecula, 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 tees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District. and/or Redevelopment Agency of the City of Temecula, its oNicers, 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 Contractor'S negligent or wrongful acts or omissions ansing out of or in any way related to the performance or non-performance of this Agreement, excepting oNy liability arising out ot the negligence of the City of Temecuia, Temecula Community Servlces District, and/or Redevelopment Agency of the City of Temecula. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connedion with the performance of the work hereunder by the Contrector, its agents, representatives, or empioyees. a. Minimum Scooe of Insurance. Coverage shall be at Ieast as broad as: t) Insurance Services Office Commerciai General Liability form No. CG 00 01 11 85 or 68. 2) Insurance Services Office Business Auto Coverage form CA 00 Ot O6 92 covering Automobile Liability, code 1(any auto). If the Contractor owns ao automobifes, 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 Contractor has no employees while pertorming under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance Contractor shall maintain Iimits no less than: 3 1) General Liability: One million ($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 Iimit shall apply separetely to this project/location or the generai aggregate limit shall be twice ihe required occurrence limit. 2) Automobile Liabiiity: One miliion (31,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of Cailfornia; Employers Liability: One million dollars ($1,000,000) per accideat for bodily injury or disease. c DeducYibles and Self-Insured Retentions. Any deductibles or self-insured retentions shail not exceed 7wenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policfes are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their oRicers, officials, employees and volunteers are to be wvered 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 affortled to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) Por any claims related to this project, the ConsultanPs insurance coverege shall be primary insurance as respects the City of Temecula, the Temecuia Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any Insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, andlor Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the ConsultanPs insurance and shall not contribute with it. 3) Any failure to compty with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or voWnteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: shouid the policy be canceled before the expiration date ihe issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverege is canceled or, reduced in coverege or in limits the Contractor shall within two (2) business days of notice from insurer phone, faz, and/or notify the City via certified mail, retum receipt requested of the changes to or cancellation of the policy. e. Acceotabilitv of Insurers. Insurance is to be placed with fnsurers with a - current A.M, Best rating ot A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insura�ce requirements, f. Verification of Coveraae. Contrector shall fumish the City with origina� endorsements effecting coverage required by this clause. The endorsements are to 6e 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 4 City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certiffes: I am aware of the provlsion of Section 3700 of the Labor Code which requires every employer to be insured against lia6ility for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance ot the work of this Contract. 72. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contrector is and shall at a0 times remain as to the City a wholly independeM contractor. The personnel peAorming the services under this Agreement on behalf of Contractor shall at all times be under Contrector's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's off�cers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benetits shall be available to Contractor in connection with the pertormance of this Agreement. Except for the fees paid to Contrector as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be Iiable for compensation or indemnification to Contractor for injury or sickness arising out of pertorming services hereunder. 14. LEGAL RESPONSIBILITIES The Contrador shall keep itself informed of all Iocai, State and Federal ordinances, laws and regulations which in any manner affect those empioyed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with ali such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at �aw or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No piea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary Independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail ali requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extre compensation or for an extension of time. 5 76. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that al� workmen and persons employed, all firms supprying materials, and all subcontradors on the Work have been paid in full, and that there are no daims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California, 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval 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 thereaftec The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contradual, non- contractual, financial or othervvise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contrector's sub-contredors 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. BOOKS AND RECORDS Contrector's books, rewrds, and plans or such part thereof as may be engaged in 1he pertormance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities witb respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contrector agrees to wntact the appropriate regional notification center in accordance with Govemment Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices whlch either party may desire to give to the other party under this Agreement must be In writiog 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, retum 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 sha�l 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. s Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 To Contractor. West Coast Arborists, Inc. Patrick Mahoney, President 2200 E. Via Burton Street Anaheim, CA 92806 714i991-1900 23. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and induding, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of thfs Agreement, Contractor shall have in full force and effed, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement Any litigation conceming this Agreement shall take place in the municfpal, 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 attomey fees and litigation expenses for the relief grented. 26. ENTIRE AGREEMENT This Agreement contains the entire untlerstanding between the parties relating to the obfigations 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. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf o( the City to make the following non-substantive modifications to the agreement (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES WEST COAST ARBORISTS, INC. DISTRICT (Two Signatures o/ rorpo2te o/ficers requiretl un/ess corporefe documents auLrorize only one person tD sign the agreamenf on b¢hal/of Me rorpOration.) By: By: Jeff Comerchero, TCSD President Patrick Mahoney, President ATTEST: By: By: Susan W. Jones, MMC, City Richard Mahoney, Assistant Secretary ClerklBoard Secretary APPROVED AS TO FORM: ey: Peter M. Thorson, City Attorney CONTRACTOR West Coast Arborists, Inc. Patrick Mahoney, President 2200 E. Via Burton Street A�aheim, CA 92806 774j991-1900 714)9563745 Fax FSM Initials: > Date: �/t7/n 8 EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contrector, for the tree trimming and maintenance of at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call-out. The procedure for assigning work is set forth as follows. t The General Manager or his designee shal� submit to Contrador a written "Request for Work". The Request for Work shall include a description of the work to be wmpleted, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the C�eneral Manager whether it can perform the work and specify the cost of material which will be requlred and the estimated cost of �abor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the General Manager may transmit the Request for Work oralty to the Contractor. As soon as practical following the emergency, the Contractor and Direcior shail in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the General Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. A. Required QualificationslScope of Work 1. Contractor must hold a State of California Contractor's l.icense (G27 and/or C-61 or D- 49). 2. Contractor must have fu�l time, permanentty employed staff trained and certified in the tree maintenance industry. 3. Contractor must submit to the Maintenance Superintendent of Temecuia Community Services District a Quality Control plan at the time of proposal submission. The Qua�ity Control Plan shall provide contractor management with an effective and efficient means of identifying and correcting problems throughout the entire scope ot operations. This will include the staffing of an arborist, certified through the Intemational Society of Arboriculture QSA) for the entire length of the contrect as Site Supervisor (certification required). 4. Contractor must have satisfactorily completed at least five (5) separate and individuai Southem Califomia municipal tree trimming projects in the last five (5) years or provide evidence of comparable projecta Each project shaif be of comparable size to the scope of this project. 9 5. Contractor must submit to the Maintenance Superintendent of the Temeala Community Services District current OSHA certification of all aerial devices and the most recent Ca�ifomia Highway Patrol Commercial Vehicle Inspection Report to be used during this project at the time of submitting proposal. 6- Contractor must submit to the Maintenance Superintendent of the Temecula Community Services District, for approval, a current Safety Manual meeting 56198 requirements for injury and illness prevention, at the time of submitting proposal. B. Prunina Standards and Saecifications 1. All work shall conform to the 1988 Pruning Standards of the Western Chapter ISA and these specifications. In all cases the District's authorized representative shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the contractor. Trimmed trees rejected by the DistricYs Maintenance Supeiintendent shall be excluded /iom payment. 2. Contrector shall comply with Standards of CAL OSHA and the American Nationai Standard Institute, Z133 Safety requirements. 3. Contractor shall provide and post "NO Parking" signs 72 hours in advance of the work and distribute written notices to affected residents of the pending work. Notices shall be printed on both sides, in English and Spanish. 4. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner, which will cause the least possible InteAerence and annoyance to the public. Work shall be performed by competent, qualified and certified employees and supervised by an experienced Supervisor in tree trimming operations. The contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. 5. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the coMractor's personnel or others near the work site, work is to immediateiy cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the contractor is responsible for appropriate notification of Underground Service Alert (USA). 6. No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. Any vine plant growing on the trees shall be removed to ground level. 7. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth. S. Unless otherwise provided, trees are to be trimmed bbck by biock, subjed to the instructions of the Malntenance Superintentlent of the Temecula Community Services District. 9. Contractor shall maintain at least one (1) bi-li�gual EnglishlSpanish speaking foreman, on-site at all times. 10. When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. 11- Topping shall not be done without prior approval of the District. 10 C. StreetTreeT�immina t. Trees shall be trimmed to provide a minimum clearance of fifteen (15) feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. 2. The specific techniques employed shall be wnsistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made suffciently close, 1/2 inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining Iimbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. D. Street Tree Aesthetic Trimminq 1. Aesthetic tree trimming will be performed o� a special request basis on�y. The Contrector will be given specific locations for aesthetic trimming in writing by the Maintenance Superintendent of the Temecula Community Services District prior to any work being performed. 2. Trees designated for aesthetic trimming shall be trimmed, shaped and thinned. The trimming shall provide a symmetricai shape and aesthetically pleasin9 appearance typical of the species. In addition, trees shail 6e trimmed to provide a minimum clearance of fikeen (15) feet over the roadway and nine (9) feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Additional trimming shall he pertormed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. 3. The specific techniques empioyed shall be consistent with industry prectice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close V2 inch; to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will resuit in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly. E. Palm Tiee Trimminq 1. Standard trim; remove ail dead and live fronds to that the remaining healthy fronds are existing at an upward thirty (30) degree angle in relation to a horizontal plane at the head of the palm tree. All frond sheaths shall be removed along the entire length of the tree. F. Tree Removal 1. The trees to be removed will be marked in a manner determined by the Maintenance SuperintendeM of the Temecula Community Services District Only those trees marked by the District shall be removed by the contractor. 2. Trees shall be felled in a manner consistent with industry practice with the primary emphasis on the safety of the public and the protection of adjaceM property. 11 3. Stumps shall be ground to a minimum of twelve (12") inches below the Ievel of the adjacent ground. Holes shall be filled with resulting mulch and raked level with the adjacent ground. All wood, debris and excess muich shall be removed and the surrounding area shall be raked and/or swept deaa Note: if stump grinding does not foilow within the same work day as removal, the tree trunk shall be left at five (5") feet ahove grade or a safery barricade shall be placed and maintained over the stump until the stump grinding in complete. 4. The contractor shall be responsible for contacting Underground Service Alert (USA) for the locating of underground utilities priorto stumping operations. Ca. Root Pruninq 1. Root pruning work wiil be specified on work orders to the contractor with specific street address and location, as well as, identifying root pruning along the sidewalk or curb or both. 2. Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb or other improvement. Root pruning cuts shall be four (4") inches wide, sixteen (16") inches deep as measured from the top of sidewalk, curb or adjacent improvement and extended eight (8') feet in each direction from the ceMerline of the tree (16' total length). 3. Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded trecks or rubber tires to prevent scraping or marking of sidewaiks. 4. All cuts shall be backfilled immediately upon completion of root pruning and fnstallation of root barrier if required at each location. Backfill material shall consist of dirt and/or mulch from root pruning and shall be free from rocks. All debris generated by these operations shall be immediately removed from the site and properly disposed of outside the right-ot-way. H. Plantinq t Planting trees, including siaking and installing ties, trunk guards, root 6arriers, to maximize tree heatth and survival. Provide trees and all materiais and labor necessary for a complete and proper insta�lation. New trees are to 6e installed in accordance with APWA Standard plans for Pubiic Works construction detaiis 520-2 and double staked per 518-2 double. I. Emeraencv I"On Call" Work 1 Contrador shall be required to provide emergency/"on call" response to hanging limbs, wind damaged or downed trees. This may be at night or during storm or other bad weather conditions. The contractor will be given specific locations and the work to be done at each location via a telephone call from a District authorized representative. The contractor shall be required to start the work indicated within sixty (60) minutes of the initial telephone call and report back to the District representative upon completion of the work specitied. 2. The contractor is required to provide a 24-hour emergency phone number and/or pager number and names of a minimum of two (2) contact individuals within one week of award of contract. Should the phone number, pager number or wntact person(s) change during the course of the contract it will be the responsibility of the contractor to notify the District. In the event the contractor cannot be contacted or fails to respond a penalty of $500.00 per incident will be tleducted from future contractor payments. t2 3. The contractor shall be required to provide all traffic control required during any emergency operations. Should the work involve any high voitage lines the conhactor shall be required to notify the responsible utility company. 4. Work performed under the emergency provision of this contrad shall be paid for on a time and materials 6asis. This shall include all labor, toois, equipment, disposal fees, and materials necessary for completing the emergency work. The contractor shall supply a list of manpower and equipment retes to be charged, and a mark up percentage for materials and other costs. This list is to be supplied with submitted proposal. J. Schedule of Work and Hours of Oaeration 1, Contractor will be required to commence work within ten (10) working days of award of contract. The contractor shall, prior to commencing work, submit and gain approval of a weekiy work schedule indicating the order and Iocation of work. 2. The generel hours of operation shall be 9:00 a.m. to 3:00 p.m. on major streets and 730 a.m. to 4�.00 p.m. on residential streets with respect to any chipping, cutting, or other operations generating harsh or unusual noise. The days of operation shall be Monday through Friday. No work shall be ne'formed on Saturdav or Sundav unless authorized bv the District. 3. In atldition, the contractor shall meet with the DistricYs Maintenance Superintendent or his designee on a pre-scheduled monthly basis. K. Clean Uo 1. Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the �awns, and the sweeping of sidewalks and streets. 2. Each days scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street ovemight. Contractor's equipment may be stored overnight, with advance approval, in the District Maintenance Yard, however, the District will not be responsible for security of contrador's equipment. 3. Brush and debris shall be removed daily, sidewalks swept, lawns and medians raked, and gutters cieaned. 4. The Maintenance Superintendent of the Temecula Community Services Disfrict, or authorized representative, shall be the sole judge as to the adequacy of the ciean up. L. Disoosal of Materials or Debris 1. All tree brenches, brush, tree trunks and other materials produces as a resWt of the contractors operations under this contract become the property of the contractor and will be reduced, reused, recycled, and/or transformed. AnV debris or materials requiring disnosal shall not be denosifed in a landfill. 2. Reducing will include, but is not limited to chipping, grinding, andPor shredding operations. Reusing will include, but is not limited to using chipped, ground, or shreddetl tree material as mulch. Recycling wi�l include, but is not limited to chipped, ground, or shredded tree materiai used to produce wmpost. Trensformation will include but is not limited to fire wood that is too large to be chipped, ground or shredded for use as mulch. 13 M. Inspection L The Maintenance Superintendent of the Temecula Community Services District, or an authorized District representative, shall at all times, have access to the work and shail be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work. The inspection of the work shall not reiieve the contractor of any of his/her obligation to fultill the contract and/or complete the project described. Defective work shall be made good notwithstanding the fact that such defective work may have been previously overtooked by both Maintenance SuperintendenYs and/or the authorized District representative and accepted for payment. N. Brochures t Contractor will provlde brochures that are acceptable to the Maintenance Superintendent of the Temecula Community Services District that describes the tree trimming process and are readity accessible to the citizens of Temecula. Sample brochures must be included with submitted proposal. 2. Public notice of the tree trimming program will be supplied by the contractor with finai approval by the Maintenance Superintendent of the Temecula Communiry Services District. O. Tree Inventorv Database 1. Contractor is to complete a tree inventory for the District and provide the District with a state of the art rewrd keeping computer and software system that allows the District to maintain information about a tree population, inGuding the work history and service request informatioq tree and planting site location information, maintenance requirements and species names. The system will print condensed or detailed listings of tree and site information, work histories, service requests, and summary reports. P. Pictures 1. Contractor is to supply, at no cost to the District, pictures of "before" and "after" trimming that is suitable for repmduction when requested by the District. Q. Safe 1. Contractor shail conform to alf District Traffic Safety requirements and operating rufes at all times while this contract is in effect using Cal Trans standards for safety and traffic control. 2. Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffia This is to include a high visibility solar Arrow Board with no exception. All traffic safety equipment must be approved for use, prior to utilization, by the District. 3. A traffic wntrol plan will be submitted to the Maintenance Superintendent of the Temecula Community Services District at least five (5) days prior to starting this contract. 4. Iiluminated arrow boards, sign standards, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety. 14 R. Sinns t Contractor shall equip each vehicle used in the City with signs that read, "Tree Maintenance Services Contractor for the City of Temecula". 15 EXHIBIT "B" PAYMENT RATES AND SCHEDULE CITYWIDE TREE MAWTENANCE SERVICES FOR FISCAL YEAR 2011 - 2012 Based on Approximately 15,000 Trees in Various Locations throughout the City of Temecula SERVICE UNIT PRICE I71vIT DESCRIPTIO STREET TREE TRIMMING -CLEARANCE TRIM $ 19.00 EACH STREET TREE AESTHETIC TRIMMING - FULL TRI $ 49.00 EACH SLOPE TREE AESTHETIC TRIMMING-AERIAL UNI $ 69.00 EACH SLOPE TREE AESTHETIC TRIMMING-CLIMBER $ 70.00 EACH PALM TREE TRIMMING $ 49.00 EACH COMPLETE TREE & STUMP REMOVAL $ 19.00 DIAMETER INCH COMPLETE TREE REMOVAL ONLY $14.00 DIAMETER INCH STUMP REMOVAL $ 5.00 DIAMETER INCH ROOT PRUNING WITHOUT ROOT BARRIER $ 49.00 EACH ROOT PRUNING WITH ROOT BARRIER $99.00 EACH 10' x 18' DEEP ROOT OR EQUIVALENT TREE PLANTING: 15 GAL. W/ROOT BARRIER $ 125.00 EACH 'IS GAL. WIO ROOT BARRIER $ 105.00 EACH 241NCH BOX WIROOT BARRIER $ 225.00 EACH 24 INCH BOX W/O ROOT BARRIER $ 200.00 EACH TREE WATERING $ 379.00 DAV CREW RENTAL-3 MEN, AERIAL UNIT, DUMP $135.00 HOUR TRUCK & CHIPPER CREW RENTAL - 2 MEN, AERIAL UNIT, DUMP $ 90.00 HOUR TRUCK & CHIPPER CREW RENTAL-1 MEN $ 45.00 HOUR EMERCaENCY WORK CALL OUT - 3 MEN $270.00 HOUR INCLUDING ALL NECESSARY EQUIPMENT, DISPOSAL FEES, & ZERO MATERIAL MARK - UP Cuntractor's Signature 76 Certlficete aflnsurence THIS CER➢FICAli151531ED AS A MAITER OF INFORMATION ONLY AND CONFERS NO WGIITS UPoN YOU iH6 CORTIFlCpF. IfOLDO.. TipS CBRIIFlC tQ IS NOT AN MSUAM'C8 PoLICY AN� WPS NOT AMCND, FJCISND ORALTER THCCQV[MGL AF�OR�ED OY P{E POLICI[5 LISTCp 6EIAW. POUCY IJMITS M9N0 L8�5 THAN iNOSE LISTF.� ALTNOIIOHPoUCIESMAVMCLUOEAD�ITON 9LIMRi1.I�1115NOTLISTLD�'LLOW. THISCERTFlCAiEVdI�5AN�50PER5F�E5PLLPREViW5LY15 EOCERPHCNiESiONOLOEPNPME�BEIOW T61e le ta CerHfy that, I WEST COASTARBORISTS, INC � 2200 EAST VIA BUR10N N `�`� �` Liberty ADDR65S OFINSIIRED Mutual LA_NAHEIM CA 92806 J ti. n u1e wm m¢ ormu ttniro.a. imuRe ty�necon�p.nr �� uK wlicKiulli�W k�ow. Tne in.n+rce.moNw M'�Ie n:w WlicYflw) b rvhi:i mtll �hctr cnru. euluiom md Condiiio�u uW u rc� el�crtE by�ny rtquwmcnt, �mn orwMnionofeny �an��i w oJ�n dcewrcn� wid ruprc� m wEkp 11rh ronifiu�e mryh iuwd. E%P DATE 7TPE OF POLICY � Cm+irtmous pOL1CY NUMBER ' ❑ ex'`3tNDeU LIMIT OF LIABILITY � POL�cv TGRM Hr�gKE� �� -66D-039499-070 COVEMOEAFFOR�8DUNO2RWC EMPLDYEILSLIA6ILITY COMPENSATION uW oF ntc eoLlAwwc STAres: STATUTORY � OaEilyln'wybyquihm 1 000 000 mmirmiarar�� 1 000 000 Bdlilylojuy8y0iwe ��IHMERCIev. 2-ss�-03.9499-�� r,cNA � �� GENERAI.LiABQ.ITY 7/1/2011 - 2 000 000 �� OCCU0.AENLE praEU[b /Camplcrty pp�ntiare Ag�ep�e ❑ C WM9 M.NE Z �� FeahIXCUmnce RETRO UATE Prnovl & pdvc�'umB �Nw1' � Q 000 PvPertonlOrpnivtion �YT2EDAMAGE53100,000 �htEDICALPAVMENT5E5,000 avroMOaae �i�ila>> AS7-661-039499-030 �"^��a°^' LL48II.iTY $1 000 000 e.t n�a e.o. camem�a � owneo , �n r�� m NON-0WNED Eech Attidrnt oraccwrtnu L'J HIRED CvchAxiern�mOawmioc OT1iER UmbrelWExcesslleWfity ]HI2010 ]H/2011 TH2-681-039499A4� SS,Op ADUITIONAL COM1RIEMI'9 See Addendum Attached. •If�Fcrcnif eke�intiondam'veontiuuweo�exttedNierm,youwillhno�ifiedl(con�eut�mtiortAmrzLuvdbckrtihewtifiu�su0�*�ionEnk. 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Su0 CA 5 B�01'/ 213-BTA-1171�� I Temecula CA 92569-9W3 J o �'' cE �� A'�eissueo 'ILis artiCtcate is erzecutcd by LIHERTY M[TIVAL iNS17RANCE GftOOP v mspecU such insurenw av is efforded by those ComFranies 7VM 772 �7-10 CERTIFdCATE - ADDENDUM � NAME� IN URED � CE TIFI pTE HOL�ER BI4IZO'IO WEST COAST ARBORISTS, INC Clty oT Temecula' 2200 EP.ST VIA BURTON � Temecula Community-Services District ANAHEIM CA 92806 The Redevopment Agency of the Ciry of 7emecula PO Box 9033 Temecula CA y258&9033 RE: All jobs performed by the named insured dunng the policy tertn. Per endorsement number CG 2010 0704 on the General Liability and CA 2048 0299 on the Automobile Llablllty the City o( Temecula, Temecula Redevelopment Agancy and Temecula Communiry Services Dlstnct, iheir oKCers, offciats, employees and volunteers are addi(ional Insured if required by awriflen contrect wilh iha Named Insured, but only for iha covarages�and limits provided by the policy and etlditionel insured endorsemenL - CreamtlatwWFiaeCerESbNGNE.xom . � IY-A02(2002) REDEVELOPMENT AGENCY Item No. 14 ACTION MINUTES of JUNE 28, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:40 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS Louie Vega addressed the Agency Members. RDA CONSENT CALENDAR 17 Action Minutes - Approved Staff Recommendation (4-0-1) Agency Member Comerchero made the motion; it was seconded by Agency Member Washington and electronic vote reflected approval with the exception of Agency Member Roberts who abstained RECOMMENDATION: 17.1 Approve the action minutes of June 14, 2011. RDA DEPARTMENTAL REPORT 18 Redevelopment Department Monthlv Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDAAction Minutes\062811 1 RDA ADJOURNMENT At 7:42 P.M., the Redevelopment Agency meeting was formally adjourned to Tuesday, July 12, 2011, at 530 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDAAction Minutes\062811 2 PUBLIC HEARING Item No. 15 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Rich Johnston, Building Official DATE: July 12, 2011 SUBJECT: Weed Abatement Lien Resolution for FY 2010-2011 RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2010-2011 BACKGROUND: The City of Temecula is responsible for weed abatement for properties that are not cleared of hazardous weeds during the spring and summer abatement season. The City contracts with local weed abatement specialists to bring parcels with hazardous conditions into compliance with the Temecula Municipal Code. The owners of these parcels are billed by the City to recover the costs of the contractor plus an administrative fee. If the owners do not respond to the billing request, the City is required to place a lien on the property to recover the costs. All of the owners were properly notified of the need to abate weed conditions on their properties and were given ample opportunity to remove the weeds themselves prior to the City taking weed abatement action. The lien process requires that a public hearing be held before the City Council to take comments from the property owners with respect to the costs proposed to be assessed against their properties and to confirm those costs. Following the public hearing, the Council must adopt a resolution for the Fiscal Year which: 1. Confirms the costs incurred by the City in performing the weed abatement work. 2. Provides that the actual abatement costs will become a lien upon the properties, and upon recordation, in the amount of the costs shown on the attached "Exhibit A". 3. Provides that the Resolution will be transmitted to the Riverside County Treasurer-Tax Collector so the amounts of the assessment can be entered upon the parcels as they appear on the assessment rolls and the costs will be collected on the property tax bill. Staff is requesting Council action for the Fiscal Year 2010-2011. With the Council's positive action, staff will forward the adopted Resolutions for filing with the Riverside County Treasurer- Tax Collector and for recording with the County Recorder. FISCAL IMPACT: The recording of these liens will enable the City to recover abatements costs through the County's property tax collection system. The City will recover actual amounts paid out to the weed abatement contractors. Further, the City will recover the administrative fee placed on each parcel that was abated by the City's contractors. ATTACHMENTS: Resolution No. 11- Exhibit "A" Abatement Charges for the FY 2010-2011 RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF THE SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION FOR THE FISCAL YEAR 2010-2011 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Chapter 8.16 of the Temecula Municipal Code provides for expedited abatement of hazardous vegetation from vacant lots and parcels. Section 2. Abatement of hazardous vegetation has been completed for each of the parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of abatement and removal of hazardous vegetation on each parcel. Section 3. A hearing was held on July 12, 2011, duly noticed in accordance with the requirements of Chapter 8.16 of the Temecula Municipal Code, concerning the costs of abatement of these parcels at which time the Council heard all objections of property owners liable to be assessed for the costs of abatement. Section 4. The parcels and costs of abatement and removal of hazardous vegetation for each parcel are described on Exhibit "A:" attached hereto and incorporated herein as though set forth in full. Said costs for the parcels as set forth on Exhibit "A" shall constitute special assessments against the respective parcels of land, and are a lien of said land in the amount of the respective assessments. Section 5. A copy of this resolution shall be transmitted to the Treasurer-Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear in the current assessment roll, and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the Government Code. Section 6. The costs against any parcel of land listed in Exhibit "A" assessed by this resolution and the lien created thereby shall be deemed discharged and released upon the payment for said parcel of the property taxes for the tax year above- noted. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of July, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12 day of July, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Resolution No. 11- Exhibit "A" Abatement Charges Fiscai Year 2010-2011 Weed Abatement Cycle FY 2010-2011 PARCEL OWNER BALANCEDIJE 91fi400030 WINCHESTER HILL51 $ 1,212.75 916400031 WINCHESTER HIlL51 S 2,24550 91fi400032 WINCHESTER HILLSI $ 5,482J5 920090003 WINCHESTERMEADOWSINV $ 3,194.25 921070017 DENNYSINC $ 790.00 921140011 BRADYSEAN $ 427.00 921412002 FEDERAL NATL MTG ASSN FNMA-RECONSTRUST CO 5 400.00 92ll30006 DAVIDSON �EV $ 2,053.50 922054011 U2 $ 49Q50 92207200] 2NDSTREET&MERCEDES $ 400.00 922110013 NEVADA TRUSTGO $ 793.75 922110014 NEVADA TRUSTCO $ 658.75 92217�012 COPPERFlELDINV & DEV CO $ 674.00 922ll0013 COPPERFlELDINV&�EVCO $ 674.00 922190013 EL DORA�O HOMES $ 899.00 922190033 TEMECIJLAVALLEVHOSPITALITY $ 719.00 922U3029 eELTRAME EUGENIO $ 1,295.00 944352012 MARTINEZMICHFlEL $ 780.00 945070�01 GUENTHER AIFRED W $ 34415 945070009 ZAHARONI ISAAC $ Q9.25 945080007 VEASEV FAMILY $ 1,210.00 945090007 RICHA PROP $ 254.50 945110001 AHMA� M FAROOQ $ 389.25 945110013 RIOS GEORGE F $ 58425 94512000] SIMONETTI SAL $ 718J5 945140010 VIEftRALEONAftDJ $ 629.25 945150007 TROTTRICHARD $ 54650 945ll0005 HADDADMICHAELS $ 6]4.00 953240050 REDWINEBRUCEC $ 480.00 957130020 GROPPTHOMASL $ 569.�0 957140012 ISLAMICCENTEROFTEMEN�AVAILEV $ fi73J5 95]ll0029 60RHAMROBERTIAMES $ 569.00 957170037 J& L PROP $ 1,457.50 957340020 Y�NG MODN 5 $ ]50.00 959010013 LETHUYTH� $ 658J5 961312025 RECONTftUSTCO $ 610.00 962020018 GftASSROOTSGftOUP $ 7,6fi4.00 9641800Z3 TEMENIA LAND PARTNER51 $ 1,88750 964180033 TEMECIILA LAND PARTNER51 $ 1,662.25 96418�034 iEMECULAIANDPARTNER51 $ 629.50 964460015 CDLU RANCHO PARTNERS $ 1,259.00 965041021 HERNANDEZGABRIEL $ 1,832A5 965210005 SANTIA60 CARLOS A $ 570.00 $ 44,446.05 COUNCIL BUSINESS Item No. 16 Approvals City Attorney Director of Finance /�� City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 12, 2011 SUBJECT: Increase in the Informal Bid Limit and Protest Procedures PREPARED BY: Roberto Cardenas, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS 2. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE PROTEST FEE SCHEDULE FOR PROTESTS RELATING TO PURCHASING CONTRACTS AND PUBLIC WORKS CONTRACTS SUMMARY OF ORDINANCE: The Temecula Municipal Code (Chapter 3.28 Purchasing and Chapter 3.32 Public Works Contracts) currently does not address bid protest procedures. The proposed ordinance adds Sections 3.28.350 and 3.32.060 to the Temecula Municipal Code to instruct bidders on the manner by which to formally submit a bid protest. The corresponding proposed resolution establishes the bid protest fee which will be used to help offset City costs incurred by reviewing bid protests. In addition, the proposed ordinance amends section 3.32.010 of the Temecula Municipal Code to increase the informal bid limit for public projects from $125,000 to $175,000 as proposed by the California Uniform Construction Cost Accounting Commission (CUCCAC) and adopted by the State Controller. BACKGROUND: Bid Protest - The California Public Contract Code and the City of Temecula Municipal Code require that competitive bidding procedures be used when letting contracts for certain public projects and solicitations. At times, the legitimacy of the bidding process is questioned by a bidder (or other interested party). In order to increase transparency and expedite the resolution of bid protests, staff recommends that the City adopt an ordinance to instruct bidders on the manner by which to formally submit a bid protest. The ordinance sets forth a fair and expedient procedure for the resolution of bid protests, thereby providing a benefit to the public, the City, and the parties interested in the competitive bidding process. The proposed ordinance adds Sections 3.28.350 and 3.32.060 to the Temecula Municipal Code to instruct bidders on the manner by which to formally submit a bid protest. Staff is proposing a resolution to establish a bid protest fee to help offset City costs incurred by processing bid protests. The following table outlines the method used to develop the bid protest fees: A B C D E G H Total Protest Numberof Productive Department Annual Numberof Productive Hours Hourly Rate Estimated Fee Rate Department Operating quthorized Hours Per (Column C (Column B Prep Time (Column F Budget positions UserFee multiplied dividedby forAppeal multiplied FY2010-11 Study byColumn Column E) byColumn p G) City $1,545,282 4.5 1,800 8,100 $191 .5 hr. $95 Manager CityClerk $1,142,988 10 1,800 18,000 $63 .5hr. $32 Finance $2,202,878 17 1,800 30,600 $72 .5 hr. $36 Processing $163 Fee The non-refundable processing fee of $163 is due from the protester when the protest is filed with the Office of the City Clerk. Since one or more members of each department may be involved in reviewing each bid protest, the processing fee is calculated by computing the departmental hourly rates (for the City Manager's OFfice, Office of the City Clerk, and Finance Department) and multiplying these rates by the anticipated time necessary for staff to review the bid protest. The protest fee collected pursuant to this Resolution shall be used solely to cover the costs of reviewing and processing the bid protest. The protest fee does not exceed the estimated reasonable cost of providing the service for which the fee is charged. Informal Bid Limit The Uniform Public Construction Cost Accounting Act (Act) was enacted in 1983 under Public Contract Code Section 22000 et seq. The Act allows public projects of $125,000 or less to be let to contract by informal procedures if the local agency elects to follow the cost accounting procedures - as set forth in the Cost Accounting Policies and Procedures Manual (CAPPM) of the California Uniform Construction Cost Accounting Commission (CUCCAC). On March 12, 1991, the City passed Resolution No. 91-28 electing to become a participant of the Act. Every five years, CUCCAC reviews the informal bid limits to determine whether adjustments should be made. On March 27, 2011, CUCCAC proposed changing the informal bid limit for public projects from $125,000 to $175,000 and the State Controller formally adopted the change effective July 1, 2011. Currently, Assembly Bill 943 is making its way through the Legislature and will amend Public Contract Code section 22032 to state the new informal bid limit. The adjustment may become effective before it appears as a formal change in the Public Contract Code. The proposed ordinance amends section 3.32.010 of the Temecula Municipal Code to increase the informal bid limit for public projects from $125,000 to $175,000. FISCAL IMPACT: Any fees related to bid protests are required to be paid by the protester prior to the review. The protest fee is non-refundable. ATTACHMENTS: Ordinance No. 11- Resolution No. 11- ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Section 3.28.350 (Protest procedures) of the Temecula Municipal Code is hereby added to read as follows: "3.28.350 Protest procedures. A. Any actual or prospective bidder, proposer, or contractor (collectively "bidder") who believes he or she has been aggrieved in connection with the solicitation or award of a contract pursuant to this Chapter may protest, in writing, to the Office of the City Clerk, within three (3) business days after posting of the award recommendation at the location where bids or proposals are submitted. The protest shall be deemed filed only when it is actually received by the Office of the City Clerk with an appropriate protest fee. B The bidding documents shall include a statement referencing this section as the requirement for filing a protest. C. Any bidder who files a protest pursuant to this section shall post with the Office of the City Clerk, at the time of filing a notice of protest, a non-refundable protest fee in an amount set by resolution of the City Council. D. In the event a timely protest is filed as provided in this section, the Finance Director may, but is not required to, suspend the award of the contract until the protest is resolved. E. The protest shall be in writing and shall contain the following information: 1. The name, address and telephone number of the protester; 2. A specific identification of the statutory or regulatory provisions(s) that the action complained of is alleged to have violated; 3. A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (A) of this subsection; 4. A precise statement of the relevant facts; 5. An identification of the issue or issues to be resolved; 6. Argument and authorities in support of the protest; and 7. A statement that copies of the protest have been mailed or delivered to the Finance Director. F. If applicable, the Finance Director shall meet and confer with the protestor in an effort to resolve the issues described in the protest. G. If the Finance Director is unable to resolve the protest, the protest shall be referred to the City Manager. The City Manager shall have authority to settle and resolve a protest. The City Manager may, but is not required to, solicit written responses to the protest from other interested parties. The City Manager may establish additional procedures for the resolution of a protest and may refer the matter to a hearing officer. The City Manager's decision shall be final and conclusive and shall not be subject to appeal to the City Council under Chapter 2.36 of this Code. Section 2. Section 3.32.010 (Construction on public projects) of the Temecula Municipal Code is hereby amended to read as follows: "3.32.010. Construction on public projects. The provisions of this chapter shall apply to the construction on public projects not more than one hundred seventy-five thousand dollars ($175,000). Public projects of thirty thousand dollars ($30,000) or less may be performed by city employees by force account, by negotiated contract or by purchase order. Public projects of one hundred seventy-five thousand dollars ($175,000) or less may be let to contract by informal procedures as set forth in this chapter." Section 3. Section 3.32.060 (Protest procedures) of the Temecula Municipal Code is hereby added to read as follows: "3.32.060 Protest procedures. A. Any actual or prospective bidder, proposer, or contractor (collectively "bidder") who believes he or she has been aggrieved in connection with the solicitation or award of a contract pursuant to this Chapter may protest, in writing, to the Office of the City Clerk, within three (3) business days after posting of the award recommendation at the location where bids or proposals are submitted. The protest shall be deemed filed only when it is actually received by the Office of the City Clerk with an appropriate protest fee. B The bidding documents shall include a statement referencing this section as the requirement for filing a protest. C. Any bidder who files a protest pursuant to this section shall post with the Office of the City Clerk, at the time of filing a notice of protest, a non-refundable protest fee in an amount set by resolution of the City Council. D. In the event a timely protest is filed as provided in this section, the Finance Director may, but is not required to, suspend the award of the contract until the protest is resolved. E. The protest shall be in writing and shall contain the following information: 1. The name, address and telephone number of the protester; 2. A specific identification of the statutory or regulatory provisions(s) that the action complained of is alleged to have violated; 3. A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (A) of this subsection; 4. A precise statement of the relevant facts; 5. An identification of the issue or issues to be resolved; 6. Argument and authorities in support of the protest; and 7. A statement that copies of the protest have been mailed or delivered to the Finance Director. F. If applicable, the Finance Director shall meet and confer with the protestor in an effort to resolve the issues described in the protest. G. If the Finance Director is unable to resolve the protest, the protest shall be referred to the City Manager. The City Manager shall have authority to settle and resolve a protest. The City Manager may, but is not required to, solicit written responses to the protest from other interested parties. The City Manager may establish additional procedures for the resolution of a protest and may refer the matter to a hearing officer. The City Manager's decision shall be final and conclusive and shall not be subject to appeal to the City Council under Chapter 2.36 of this Code. Section 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , . Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 11- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of July, 2011, 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 , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE PROTEST FEE SCHEDULE FOR PROTESTS RELATING TO PURCHASING CONTRACTS AND PUBLIC WORKS CONTRACTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby finds and determines that: A. On July 12, 2011, the City of Temecula (the "City") reviewed and considered Ordinance No. 11- , entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE TEMECULA MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTION 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS." B. Proposed Section 3.28.350.A and proposed Section 3.32.060.A of the Temecula Municipal Code of Ordinance No. 11- provide that: (1) any actual or prospective bidder, proposer or contractor who believes he or she has been aggrieved in connection with the solicitation or award of a contract pursuant to Chapters 3.28 or 3.32 of the Temecula Municipal Code may protest, in writing, to the Office of the City Clerk, within three business days after posting of the award recommendation at the location where bids or proposals are submitted; and (2) the protest shall be deemed filed only when it is actually received by the Office of the City Clerk with an appropriate protest fee. C. Proposed Section 3.28.350.0 and proposed Section 3.32.060.0 of the Temecula Municipal Code of Ordinance No. 11- also provide that any bidder who files a protest shall post with the Office of the City Clerk, at the time of filing a notice of protest, a protest fee in an amount set by resolution of the City Council. D. The City Council desires to set the amount of the protest fee as authorized in Section 3.28.350.0 and 3.32.060.0 of the Temecula Municipal Code. E. The protest fee collected pursuant to this Resolution shall be used solely to cover the costs of reviewing and processing the bid protest. F. The protest fee does not exceed the estimated reasonable cost of providing the service for which the fee is charged. G. The City Council approves the methodology and calculations used in determining the protest fee that are set forth in detail in the staff report prepared in connection with this Resolution. H. The findings set forth above are hereby adopted in support of this Resolution. Section 2. Protest Fee Schedule. A. In accordance with proposed Section 3.28.350.0 and proposed Section 3.32.060.0 of the Temecula Municipal Code, the City Council hereby adopts the following fee schedule for bid protests relating to purchasing contracts and public works contracts: A protest fee of one hundred and sixty three dollars ($163.00). Section 3. Effective Date. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon the effective date of Ordinance No. 11- , entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE TEMECULA MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTION 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS." In the event Ordinance No. 11- does not go into effect, this Resolution shall be null and void and shall have no force or effect. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of July, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of July, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk