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Home My WebLink About112707 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting v.ill enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 27,2007 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Section: 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 defendant/respondent. The title of the litigation is Ynez Business Park et al. v. City of Temecula et al. Riverside County Superior Court Case No. RIC 462005 (Water Park Litigation). 2. Conference with City Attorney pursuant to Government Code Section 54956.8 regarding real property negotiations for the property owned by the Redevelopment Agency of the City of Temecula, which consists of approximately 32 acres of real property located at the northwest corner of Diaz Road and Dendy Lane, identified as APN 909-370-0002 and commonly known as the "Diaz Road Property." Negotiating parties are the City, Redevelopment Agency and RC Hobbs Company. City/Redevelopment Agency negotiators are: Shawn Nelson, City Manager, Bob Johnson, Assistant City Manager, John Meyer, Director of Redevelopment, Peter Thorson, City Attorney and counsel Bruce Galloway, of Richards, Watson & Gershon. The City Council/Redevelopment Agency will provide instructions to its negotiators concerning the negotiation of price and terms of a potential sale of the property to RC Hobbs. Any action to approve a disposition and development agreement for the property will be taken in open session of the Council/Redevelopment Agency. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 07-18 Resolution: 07-96 CALL TO ORDER: Mayor Chuck Washington Prelude Music: AI Ball and Carolyn Lechusza Aquallo Invocation: Rabbi Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTA TIONS/PROCLAMA TIONS Certificate of Achievement presented to Jasen Kniqht for allaininq the rank of Eaqle Scout Certificate of Achievement presented to Jeremv Duhe' for allaininq the rank of Eaqle Scout Certificate of Appreciation to Jack Henz for his service on the Communitv Services Commission Certificate of Appreciation to Paul Jacobs for his service on the Public/Traffic Safetv Commission Municipal Information Svstems Association in California (MISAC) Award for Excellence in Information Technoloqv Practices PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action 2 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 23, 2007. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 2007-08 Communitv Service Fundinq Proqram RECOMMENDATION: 4.1 Review and approve the 2007-08 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommillee's recommendations of $112,000 to 36 organizations. 5 Liabilitv Insurance Renewal RECOMMENDATION: 5.1 Approve the insurance policy renewal for general and excess liability insurance with St. Paul Travelers Insurance Company and Princeton Excess Insurance Company in the amount of $221 ,445, for the period of December 1, 2007 through December 1,2008. 6 Purchase of Handheld Traffic Citation Devices. DUI and Collision Handheld Reportinq Software RECOMMENDATION: 6.1 Approve the Purchase and Installation Agreement with Crossroads Software Inc. in the amount of $52,429.15 to purchase handheld traffic citation devices and to purchase and implement DUI and Collision Reporting Software for Handhelds. 3 6.2 Authorize the City Manager to approve additional work up to 10% of the amount of the Agreement, not to exceed a total amount of $5,242.92. 7 Declaration Terminatinq the Local State of Emerqencv RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE TERMINATION OF THE LOCAL STATE OF EMERGENCY THAT HAD BEEN DECLARED ON OCTOBER 23,2007 BY RESOLUTION NO. 07-91 8 Purchase and Sale Aqreement for certain propertv riqhts on propertv located at 44975 Trotsdale Drive. Temecula RECOMMENDATION: 8.1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Mike and Beverly Siow, for the purchase of an approximate 2,847 square foot permanent easement on property located at 44975 Trotsdale, Temecula (APN 961-042-004) for the widening of Pechanga Parkway at a purchase price of $9,000 plus escrow fees; 8.2 Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $9,000 to cover the cost of the easement plus the associated escrow fees not to exceed $1,500.00, approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 9 Purchase and Sale Aqreement for certain propertv riqhts on propertv located at 45009 Muirfield Drive. Temecula RECOMMENDATION: 9.1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Stephen Sweatt and Andrea Loworn, for the purchase of an approximate 2,710 square foot permanent easement and 333 square feet to be acquired in fee on property located at 45009 Muirfield Drive, Temecula (APN 961-042-001) for the widening of Pechanga Parkway at a purchase price of $12,000 plus escrow fees; 9.2 Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $12,000 to cover the cost of the easements plus the associated escrow fees not to exceed $2,000.00., approve and execute any necessary documents and 4 to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 10 Purchase and Sale Aqreementfor certain propertv riqhts on the propertv located at 41351 Armada Place for improvements to Bullerfield Staqe Road and Rancho California Road RECOMMENDATION: 10.1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Rueben and Jennifer Calixto, Trustees of the Calixto Family 2003 Trust, for the purchase of an approximate 37,627 square foot grading easement plus improvements, for the proposed improvements to Butterfield Stage Road, and an approximate 4,250 square easement area consisting of an approximate 2,750 square foot area for grading and an approximate 1,500 square foot area for temporary construction purposes for the proposed improvements to Rancho California Road east of Butterfield Stage Road on the real property commonly known as 41351 Armada Place, Temecula, at a purchase price of $1 ,200,000 plus escrow fees; 10.2 Authorize an advance of General Fund Reserves in the total amount of $1 ,215,000 to cover the cost of the property interests plus the associated escrow fees; 10.3 Authorize the City Manager to execute the Purchase and Sale Agreement, approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 11 Purchase and Sale Aqreement for certain propertv riqhts on propertv located at 44526 and 44584 Pechanqa Parkwav. Temecula RECOMMENDATION: 11 .1 Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Temecula Creek RV Storage, for the purchase of an approximate 3,342 square foot permanent easement and an approximate 14,980 square foot temporary construction easement on property located at 44526 and 44584 Pechanga Parkway, Temecula (APN 961-010-024) for the widening of Pechanga Parkway at a purchase price of $130,000 plus escrow fees; 11.2 Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $130,000 to cover the cost of the easements plus the associated escrow fees not to exceed $3,500.00., approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 12 Authorize Temporarv Street Closure of Main Street between Old Town Front Street and the westerlv end of Main Street Bridqe for the" Winter Wonderland" event scheduled for December 7. 2007 and deleqate authoritv to issue a Special Events/Street Closures Permit to the Director of Public Works 5 RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND THE WESTERLY END OF THE MAIN STREET BRIDGE FOR THE "WINTER WONDERLAND" EVENT SCHEDULED FOR DECEMBER 7,2007 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 13 Seventh Amendment to aqreement for Environmental Enqineerinq Services for the Pechanqa Parkwav Phase II Street Improvements - Project No. PW99-11 RECOMMENDATION: 13.1 Approve the Seventh Amendment to the Agreement with Michael Brandman Associates in an amount not to exceed $9,100.00 for additional services necessary to complete an update to the Habitat Mitigation and Monitoring Plan (HMMP) for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11; 13.2 Authorize the Mayor to execute the amendment. 14 Seventh Amendment for Consultant Services for French Vallev Parkwavllnterstate-15 Overcrossinq and Interchanqe Improvements - Project No. PW02-11 RECOMMENDATION: 14.1 Approve the Seventh Amendment to the consultant agreement with Moffatt & Nichol Engineers in an amount not to exceed $14,573.36 for additional services necessary to complete the Project Report and Environmental Document for the French Valley Parkwayllnterstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11; 14.2 Authorize the Mayor to execute the amendment to the agreement. 15 Approval of the Plans and Specifications and authorization to solicit Construction Bids for the Old Town Infrastructure Project - Town Square and Mercedes and Main Street Improvements Plans - PW06-07 RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 07- 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN INFRASTRUCTURE PROJECT AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS (TOWN SQUARE AND MERCEDES AND MAIN STREET IMPROVEMENT PLANS, PW06-07) 16 Continuance of the 2007 Buildinq Code Amendment RECOMMENDATION: 16.1 Continue the proposed 2007 Building Code Amendment Adoption to the December 11, 2007 Public Hearing Meeting. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of November 6, 2007. 18 Award of Contract for Printinq Services for Guide of Leisure Activities Brochure RECOMMENDATION: 18.1 Approve a Professional Services Agreement between the Temecula Community Services District and Graphics Unlimited in the amount of $68,400 annually plus a 10% contingency in the amount of $6,840. 7 19 Fifth Amendment to the Midori Gardens. Inc. Maintenance Services Contract RECOMMENDATION: 19.1 Approve the Fifth Amendment with Midori Gardens, Inc., for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas in the amount of $433,961 ; 19.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $43,396.10 which is equal to 10% of the Amendment. 20 Fifth Amendment to the Excel Landscape. Inc. Maintenance Services Contract RECOMMENDATION: 20.1 Approve the Fifth Amendment with Excel Landscape, Inc., to provide continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $860,553; 20.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $86,055.30 which is equal to 10% of the Amendment. CSD DEPARTMENTAL REPORT 21 Communitv Services Department Monthlv Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. 8 Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record RDA CONSENT CALENDAR 22 Minutes RECOMMENDATION: 22.1 Approve the minutes of November 6, 2007. RDA DEPARTMENTAL REPORT 23 Redevelopment Departmental Monthlv Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in 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 24 Amendment of the California Fire Code RECOMMENDATION: 24.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE CODE, INCORPORATING THE 2006 INTERNATIONAL FIRE CODE, TOGETHER WITH CERTAIN DELETIONS AND MODIFICATIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE 24.2 Adopt a Resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING g EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA FIRE CODE, 2007 EDITION, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL CONDITIONS CITY COUNCIL BUSINESS 25 Adoption of Ordinance Levvinq Special Taxes within Communitv Facilities District 88-12 (Ynez Corridor) RECOMMENDATION: 25.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (YNEZ CORRIDOR) DEPARTMENTAL REPORTS 26 Planninq Department Monthlv Report 27 Economic Development Department Monthlv Report 28 Police Department Monthlv Report 29 Public Works Department Monthlv Report 30 Citv Council Travel/Conference Monthlv Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, December 11, 2007, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 10 PROCLAMA TIONS AND PRESENTATIONS ""'" ~ ~ ~ '-l ~ ~ ;;;. ~ .~ ~~ ~~ o~ ..... ~ U I:::: ~ '-l ~$ ~t: ~ ~ ~ '" l:: l:: o \.:l ~~ ;::: '- \.:l ~ '" '" l:: l:: ~ ~ "- .'" 0'- ...l::: Q\.:l .- \:: U C{J '" .~ ...l:::i:l '- ~ ~,S1 ':"";::~ \.:l ;::: ~ 0 ;::: '" o~ Q d '" ~ ~ ~ .~~ ~~ ~~ ~~ ~~ ~ o ..... o ' -p lEi S " 1:: " " I~ il E " ..c:; 1:;S, 0 00 P ":E I~ ~ - 0 ..c:;Ol gj' -~r-: I~ u ~_o ~ O.~ 0 ~ "N 00' ~ tE ,.' 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Q"<:I Q i:I i:I,D .<;:: ~ S ~~!;: ,s S'i .... 0 ~ ~ .... 0) ~ - U i:I~ >. ...... .8 .~ bfJ U i:I c5 .~ ~ ::E '" ~ ::E U'l~ ~ 0) u ~ .E 0 >-, U ~ ~ oj' U'l ::l rtl CONSENT CALENDAR ITEM NO.1 ITEM NO.2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 23, 2007 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m., on Tuesday, October 23, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Naggar, Roberts, and Mayor Washington Absent: Council Members: None. PRELUDE MUSIC The prelude music was provided by John Michael LeClerk. INVOCATION The invocation was provided by City Manager Nelson. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Naggar. PRESENTA TIONS/PROCLAMA TIONS Dvslexia Awareness Month Proclamation On behalf of the City Council of the City of Temecula, Mayor Washington proclaimed the month of October to be Dys/exia Awareness Month. On behalf of the International Dys/exia Association, Ms. Richardson accepted the proclamation and thanked the City for its recognition. Southern Overland Trail Historical Association presentation Presenting the City with a proclamation, Mr. Clarkston, on behalf of the Historical Society, gave a brief history of the 210'h Anniversary of Spanish Discovery of Temecula and requested that October 17 be proclaimed Hispanic Heritage Day on an annual basis. Mayor Washington thanked Mr. Clarkson for the proclamation. Presentation to USMC. First Reconnaissance Battalion. First Marine Division On behalf of the S.MAR.T program, Supervisor Adkisson presented the First Marine Division with a quilt that was made by participants of the S.MAR.T program. On behalf of the First Reconnaissance Battalion, Major LeHew thanked the participants of the S.MAR.T program for the quilt. R\Minutes\102307 Mayor Washington stated that due to a local emergency with respect to recent fires, it would be staff's recommendation that a resolution be added to the City Council Agenda, declaring a local emergency. MOTION: Council Member Comerchero moved to consider the adoption of a resolution declaring a local emergency. Council Member Edwards seconded the motion and electronic vote reflected unanimous approval. City Manager Nelson provided a staff report with respect to the declaring of a local emergency. Council Member Comerchero clarified for the audience that the proposed resolution would be to position the City to receive reimbursement, if applicable, from State and Federal Governments. Fire Chief Patterson provided a brief update to the fires such as the Rice Canyon and Mt. Palomar Fires. In response to Council Member Edwards' query, Chief Patterson advised that donations for displaced residents could be donated at a local church. Chief Patterson advised that there is no imminent threat to the City of Temecula nor would there be any evacuations for the City at this time. MOTION: Mayor Pro Tem Nagger moved to adopt a resolution declaring a local emergency. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. PUBLIC COMMENT A. By way of overheads, Ms. Eve Craig, representing the Historical Society, displayed a photo of Wolf's Tomb that has been recently restored by the Historical Society. B. Mr. AI Rallan, Temecula, commended the Fire Department for its excellent service. Mr. Rallan also advised for the record that the Old Town merchants would be in favor of a Farmer's Market, but would encourage new management of the Farmer's Market. C. Ms. Donna Boggins, representing the Temecu/a Valley Group, relayed her support of the Old Town Farmer's Market, advising that the Temecula Valley Group often recommends the shops and restaurants in Old Town to visitors to Old Town. D. Mr. David Veltman, Fallbrook, is currently a vendor at the Farmer's Market and would not be in favor of closing it and, therefore, would be hopeful that the City work with the merchants and management of the Farmer's Market to ensure overall satisfaction. E. Speaking in favor of the Farmer's Market, Mr. Murray Gutman, Old Town Merchant, advised that the Farmer's Market draws many patrons on Saturdays to Old Town. F. Ms. Lorrine Goode, Old Town merchant, relayed that although she would not be opposed to a Farmer's Market, she did express concern with the inability to park in her own parking space due to the patrons of the Farmer's Market. G. Ms. Evelyn Honea, Old Town merchant, Temecula, reiterated that the merchants of Old Town would not be in opposition of a Farmer's Market, but rather its flea market type vendors. R\Minutes\102307 2 H. Ms. Neeru Sehgal, Farmer's Market vendor, relayed her desire to retain the current management and vendors. I. Ms. Cora Hylkema, Farmer's Market vendor, stated that the vendors of the market would be a benefit to the Old Town community. J. Mr. Stephen Eldred, Old Town merchant, also stated that the merchants of Old Town would not be opposed to the market but rather the vendors operating without a permit. K. Ms. Sandy Regalado, Temecula, spoke in favor of the Farmer's Market, advising that the patrons of the market frequent the Old Town shops as well. L Mr. Mark Jones, representing the Temecu/a Sister City Association, thanked the City Council for its ongoing support of the Sister City Program and student exchange program. CITY COUNCIL REPORTS A. Council Member Roberts expressed his concern with Verizon Cable Company not offering a San Diego station in Temecula and the Weather Channel not offering a Temecula weather report and requested that this issue be immediately resolved. In response to Council Member Roberts' concerns, Assistant City Manager Adams advised that he will follow up with Verizon and Time Warner regarding his concern. B. Mayor Washington congratulated the event organizers of the Susan G. Komen for a successful Race for the Cure event on another successful event and thanked the Whiting Turner Construction Company for its efforts in paving the road for the event. Commending the City's Fire Department for its efforts with respect to recent fires, Mayor Washington also commended and thanked the community for its generous donations. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 25, 2007. R\Minutes\102307 3 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07 -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Acceptance of Certain Public Streets into the Citv-Maintained Svstem within Tract Maps Nos. 30667.30667-1.30667-2. and 30667-3 (located southwest of the intersection of Marqarita Road and Harveston Wav within the Harveston Subdivision) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 07 -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT NOS. 30667, 30667-1, 30667-2, AND 30667-3) Per the request of staff, Consent Calendar Item NO.5 will be discussed under Council Business 5 Consideration of Adoption of Resolutions of Necessitv for the Acquisition bv Eminent Domain of Certain Real Propertv Interests for Public Purposes in connection with the Citv's Proposed Pechanqa Parkwav Improvements. Phase II Project No. PW99-11 RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 07 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN NOS. 961-010-009 & 961-010- 047) 5.2 Adopt a resolution entitled: RESOLUTION NO. 07 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-022) R\Minutes\102307 4 5.3 Adopt a resolution entitled: RESOLUTION NO. 07 -90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE PECHANGA PARKWAY IMPROVEMENTS - PHASE II PROJECT, CITY PROJECT NO. PW99-11 (APN 961-010-024) 6 Professional Enqineerinq Desiqn Services Aqreement for the Pedestrian/Bicvcle Bridqe Over Santa Gertrudis Creek to Chaparral Hiqh School and Citv Trail Svstem. Project No. PW05- 11 RECOMMENDATION: 6.1 Approve the Professional Engineering Design Services Agreement with Nolte Associates, Inc. for the design of the pedestrian/bicycle bridge over Santa Gertrudis Creek to Chaparral High School and City Trail System, Project No. PW05-11, in the amount of $132,807; 6.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of $13,281, which is equal to 10% of the contract amount. 7 Award of Construction Contract for the Traffic Siqnallnstallation at Rancho California Road and Business Park Drive. West - Project No. PW07-02 RECOMMENDATION: 7.1 Award a construction contract for the Traffic Signal Installation at Rancho California Road and Business Park Drive, West - Project PW07-02, to Ramilan Electric, Inc. in the amount of $179,500, and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $17,950, which is equal to 10% of the contract amount; 7.3 Approve a transfer in the amount of $52,000 from the traffic signal at Butterfield Stage Road at Welton Street/Channel Street project to cover the construction costs, geotechnical testing, and administrative costs for the Traffic Signal Installation at Rancho California Road and Business Park Drive West. 8 Acceptance and Filinq the Notice of Completion for Slurrv Seal Project FY2006-2007. Meadowview Area - Project No. PW07-03 RECOMMENDATION: 8.1 Accept the Slurry Seal Project FY 2006-2007, Meadowview Area, Project No. PW07-03 as complete; 8.2 File the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract; R\Minutes\102307 5 8.3 Release the Materials and Labor Bond seven (7) months after filing the Notice of Completion, if no liens have been filed. Mayor Washington and Council Member Roberts abstained with regard to this item. 9 Completion and Acceptance of the Citvwide Concrete Repairs Phase II FY2006-2007- Project No. PW07-06 RECOMMENDATION: 9.1 Accept the construction of the Citywide Concrete Repairs Phase II, FY 2006/07, Project No. PW07-06, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. 10 Pavment to Southern California Edison Companv (SCE) for Street Liqhts alonq Pechanqa Parkwav - Project No. PW99-11 RECOMMENDATION: 10.1 Authorize payment to SCE for Street Lights along Pechanga Parkway in the amount of $102,128.95. 11 Second Readinq of Ordinance No. 07-14 RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 07-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND WINCHESTER HILLS I, LLC MOTION: Mayor Pro Tem Naggar moved to approve the Consent Calendar. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts and Mayor Washington who both abstained on Consent Calendar Item NO.8. At 7:59 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:08 p.m., the City Council resumed with regular business. R\Minutes\102307 6 PUBLIC HEARING 17 Development Code Amendment - 2007 Clean Up (Planninq Activitv LRP2107) RECOMMENDATION: 17.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT, AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY LRP2107) By way of PowerPoint Presentation, Associate Planner West provided a staff report on the Development Code Amendment 2007 Cleanup, highlighting on the following aspects: . Proposed Changes . Performance Standards for Increase in FAR . Swimming Pools and Spas within the Front Yards of Residential Zoning Districts . Parking Requirements for Medical and Dental Offices . Free-Standing On-site Directional Signs . Landscaping Requirements for Freestanding Tenant Signs . Water Quality Management Plan (WQMP) . Americans with Disabilities Act . Other Clarifications and Typographical Changes . Environmental Determination In response to Council Member Edwards' query, Associate Planner West explained the setback requirements for swimming pools and spas in front yards. At this time, the public hearing was opened; due to no speakers, it was closed. At this time, City Attorney Thorson introduced and read by title only Ordinance 07-15. MOTION: Mayor Pro Tem Washington moved to approve staff recommendation. Council Member Comerchero seconded the motion and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS With respect to Mr. Rallan's query, City Allorney Thorson confirmed the eminent domain process, noting that the City would only acquire property solely needed for a project. R\Minutes\102307 7 Referencing the recent fires, Mayor Washington reported the following information: . Riverside County . San Diego County . San Bernardino County . Los Angeles County (951) 940-6985 (619) 590-3160 (909) 881-6950 (323) 881-2411 Assistant City Manager Adams noted that the above-mentioned phone numbers will be available on the City's website. CITY MANAGER REPORT No report at this time. CITY ATTORNEY REPORT With respect to Closed Session, City Allorney Thorson advised that there would be no formal action to report. ADJOURNMENT At 8:46 p.m. the City Council meeting was formally adjourned to Tuesday, November 6, 2007, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula , California. Chuck Washington, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R\Minutes\102307 8 ITEM NO.3 Approvals City Attorney Director of Finance City Manager ~ 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 27, 2007 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. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $2,652,085.54. 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 27th day of November, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of November, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 11/01/2007 TOTAL CHECK RUN: $ 1,521,657.04 11/08/2007 TOTAL CHECK RUN: 628,786.27 11/01/2007 TOTAL PAYROLL RUN: 501,642.23 TOTAL LIST OF DEMANDS FOR 11/27/2007 COUNCIL MEETING: $ 2,652,085.54 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL F1JND $ 957,901.93 165 RDA LOWiMOD - 20% SET ASIDE 23,101.07 190 TEMECULA COMMUNITY SERVICES DISTRICT 178,211.02 192 TCSD SERVICE LEVEL B 138.58 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 22,063.33 194 TCSD SERVICE LEVEL D 176,667.45 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 7,460.98 197 TEMECULA LIBRARY FUND 14,906.69 210 CAPITAL IMPROVEMENT PROJECTS FUND 575,866.14 280 REDEVELOPMENT AGENCY - CIP PROJECT 16,088.26 300 INSURANCE FUND 2,152.18 320 INFORMATION SYSTEMS 142,938.75 330 SUPPORT SERVICES 10,949.60 340 FACILITIES 18,147.33 390 TCSD DEBT SERVICE 3,850.00 $ 2,150,443.31 001 GENERAL F1JND $ 329,577.58 165 RDA LOWiMOD - 20% SET ASIDE 5,910.02 190 TEMECULA COMMUNITY SERVICES DISTRICT 114,476.22 192 TCSD SERVICE LEVEL B 11808 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,243.53 194 TCSD SERVICE LEVEL D 772.61 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 510.18 197 TEMECULA LIBRARY FUND 380.57 280 REDEVELOPMENT AGENCY - CIP PROJECT 3,175.66 300 INSURANCE FUND 1,262.00 320 INFORMATION SYSTEMS 28,162.79 330 SUPPORT SERVICES 3,832.74 340 FACILITIES 8,220.25 501,642.23 TOTAL BY FUND: $ 2,652,085.54 apChkLst Final Check List Page: 1 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 952 11/01/2007 000444 INSTATAX (EDD) Unemployment taxes for 3rd Qtr 2007 15,163.83 15,163.83 953 11/01/2007 000444 INSTATAX (EDD) State Disability Ins Payment 23,756.68 23,756.68 954 11/01/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 94,465.09 94,465.09 955 11/01/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 23,166.60 23,166.60 SOLUTION 956 11/01/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 123,346.66 123,346.66 RETIREMENT) 957 11/01/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 4,439.52 4,439.52 NATIONWIDE RETIREMENT 958 11/01/2007 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 9,809.80 9,809.80 959 11/01/2007 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 73,040.10 Blue Shield HMO Payment 0.00 73,040.10 119503 11/01/2007 004594 2 HOT ACTIVEWEAR Uniforms: Police Traffic Divison 67.88 Uniforms: Police Traffic Division 47.41 115.29 119504 11/01/2007 003552 AFLAC AFLAC Cancer Payment 2,985.44 2,985.44 119505 11/01/2007 000434 ACCELA.COM Permits Plus software mntc: IS 34,713.99 34,713.99 119506 11/01/2007 004765 ACTIVE NETWORK INC, THE Safari software licenses:lnfo Sys 12,660.63 Safari software maintenance:IS 5,454.84 Safari cash mgmt software:IS 784.07 18,899.54 119507 11/01/2007 008552 ADKINS DESIGN CONSULTING graphic design svcs: Theater 2,513.84 2,513.84 119508 11/01/2007 008698 ADVANCED APPLIED Sept eng svcs:79S park & ride 6,340.00 6,340.00 ENGINEERING 119509 11/01/2007 003679 AEI CASC ENGINEERING Sept WQMP pin ck svc:NPDES 8,456.00 8,456.00 119510 11/01/2007 001916 ALBERT A WEBB ASSOCIATES Sept svcs:EIR Santa Marg Eco 27,028.00 Sept cnslt svcs:EIR Santa Marg Eco 62.16 27,090.16 119511 11/01/2007 009033 ALLEN, STEVEN L. photography svcs:tcsd spcl events 1,500.00 1,500.00 Page:1 apChkLst Final Check List Page: 2 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119512 11/01/2007 006915 ALLIE'S PARTY EQUIPMENT equip rental:theater encore event 699.95 equip rental:hot summer nights 342.12 table/chair rental:town hall mtg 281.43 1,323.50 119513 11/01/2007 000102 AMERICAN FENCE COMPANY Temp fence rental:Main & Mercedes 456.00 456.00 119514 11/01/2007 008279 AMERICOMP IN FOSYSTEMS INC digital video cable: Rd Op Ctr 731.61 HP Fingerprint Reader: Info Sys 84.05 UPS Power Supply: Info Sys 786.58 1,602.24 119515 11/01/2007 000101 APPLE ON E INC temp help ppe 10/13 Ortiz, Vanessa 710.00 710.00 119516 11/01/2007 004623 AQUA TECH ENTERPRISES maint supplies:tes pool 841.15 841.15 119517 11/01/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs: Library 78.62 Bottled wtr svcs: CRC 53.75 Bottled vvtr svcs: Ch Museum 39.36 Bottled vvtr svcs: Theater 31.74 Bottled vvtr svcs: TV Museum 27.39 Bottled vvtr svcs: TCC 25.05 Bottled wtr svcs: PBSP 25.01 Bottled wtr svcs: Skate Park 21.24 Bottled vvtr svcs: City Council 16.38 Bottled vvtr svcs: CHS Aquatics 13.19 Bottled vvtr svc: TES pool 4.30 336.03 119518 11/01/2007 003376 ARTS COUNCIL, THE It's Showtime @ the Merc 10/24/07 135.00 135.00 119519 11/01/2007 011487 BALUYOT, MAE E. refund: park rental 10/28/07 55.00 55.00 119520 11/01/2007 002381 BEAUDOIN, LINDA Retirement Medical Payment 719.20 719.20 119521 11/01/2007 004262 BIO-TOX LABORATORIES DUI & Drug screening: Police 651.00 DUI & Drug screening: Police 535.97 1,186.97 119522 11/01/2007 003222 BROCKMEIER, CAROL Retirement Medical Payment 719.20 719.20 119523 11/01/2007 009959 BRUDVIK INC equip rental:hot summer nights 554.00 554.00 119524 11/01/2007 005103 BUCKLEY, TIM Reimb:Ntl Emerg Prepare:10/10-13:Sac 142.13 142.13 119525 11/01/2007 009082 C B C TECHNICAL INC lighting/sound supplies: Theater 164.24 164.24 Page2 apChkLst Final Check List Page: 3 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119526 11/01/2007 010964 CRVP photography/video svcs: City Council 2,500.00 2,500.00 119527 11/01/2007 003138 CAL MAT PW patch truck materials 749.77 PW patch truck materials 439.24 PW patch truck materials 411.04 PW patch truck materials 311.68 PW patch truck materials 257.74 2,169.47 119528 11/01/2007 001054 CALIF BUILDING OFFICIALS calbo trng BC,KC,ER,JY: B&S 1,110.00 calbo trng Jensen/Koerting:B&S 300.00 1,410.00 119529 11/01/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 119530 11/01/2007 004248 CALIF DEPT OF JUSTICE- Drug & Alcohol Analysis: Police 1,995.00 1,995.00 ACCTING 119531 11/01/2007 004971 CANON FINANCIAL SERVICES, Nov copier leases: Citywide 4,744.84 4,744.84 INC 119532 11/01/2007 008644 CANTRELL, ROGER, AlA, AICP Sept design svcs Vail Rch:Planning 775.00 Sept design svcs Vail Rch:Planning 645.90 1,420.90 119533 11/01/2007 011464 CARLSON, KARRIE Writers Forensic Forum 11/3/07 250.00 250.00 119534 11/01/2007 007558 CARRANZA, FRANK Reimb:Mailcom 07 Cf:10/7-10:LasVegas 281.15 281.15 119535 11/01/2007 010434 CATERERS CAFE refreshments: attorney mtg 10/23 113.29 113.29 119536 11/01/2007 003628 CHUYS RESTAURANT EOC Fire ICP meals 10/26/07 233.56 233.56 119537 11/01/2007 004609 CINTAS DOCUMENT Oct doc shredding svc:City Hall 110.00 MANAGEMENT Oct doc shredding svc:PD Old Town 32.50 Oct doc shredding svc:PD Storefront 24.00 166.50 119538 11/01/2007 005417 CINTAS FIRST AID & SAFETY first aid supplies: PW Maint 153.16 first aid supplies: CM vehicle 57.53 first aid kit: code enforcement vehicle 57.53 credit: svc chg multiple deliveries -7.99 credit: svc chg item redelivered -7.99 252.24 119539 11/01/2007 011210 COLLINS, ELSA refund: San Diego excursion 10/29 25.00 25.00 119540 11/01/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05 Page:3 apChkLst Final Check List Page: 4 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119541 11/01/2007 004414 COMMUNITY WORKS DESIGN Aug inspection svcs:Diaz Rd II 1,074.95 1,074.95 GROUP 119542 11/01/2007 000442 COMPUTER ALERT SYSTEMS alarm repair & maint: MPSC 161.09 Oct-Dee alarm svcs: f1d op ctr 150.48 311.57 119543 11/01/2007 006303 CONDUIT NETWORKS, INC Cabling/Security Sys:Fld Op Ctr 11,226.90 11,226.90 119544 11/01/2007 003986 COZAD & FOX INC Oct eng svcs:Santa Marg Pres 26,485.00 Aug-Oct design svc:Habitat-Humanity 5,848.00 Jul plan svcs:Habitat-Humanity 4,440.00 Sept eng svcs:79s1Pechanga 2,091.00 38,864.00 119545 11/01/2007 010650 CRAFTSMEN PLUMBING & HVAC toilet repair: Theater 202.50 INC repair & maint: CRC pool 160.00 repair & maint: Duck Pond 150.00 512.50 119546 11/01/2007 008810 CROSSTOWN ELECTRICAL & repair & maint traffic cameras:PW 3,092.37 3,092.37 DATA 119547 11/01/2007 004123 D L PHARES & ASSOCIATES Nov lease pmts:police storefront 2,556.79 2,556.79 119548 11/01/2007 001393 DATA TICKET INC Sept parking citation svcs: Police 1,821.51 1,821.51 119549 11/01/2007 010593 DEARDS, JOHN reimb:project supplies Ch Museum 88.41 88.41 119550 11/01/2007 010461 DEMCO INC Corner File Cases: Library 61.65 61.65 119551 11/01/2007 011477 DENMAN, ROBERT refund: security dep CRC 10/14/07 150.00 150.00 119552 11/01/2007 003945 DIAMOND ENVIRONMENTAL pool water disposal: Code Enf 2,272.00 2,272.00 SRVCS 119553 11/01/2007 004417 DISCOUNT SCHOOL SUPPLY rec supplies: Children's Museum 64.79 64.79 119554 11/01/2007 004192 DOWNS COMMERCIAL FUELING Fuel for city vehicles:TCSD/PW/IS 145.62 145.62 INC 119555 11/01/2007 005692 ELMO, ANTHONY Retirement Medical Payment 719.20 719.20 119556 11/01/2007 011203 ENVIRONMENTAL CLEANING Oct public restroom maint:Citywide 5,102.00 5,102.00 Page:4 apChkLst Final Check List Page: 5 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119557 11/01/2007 001056 EXCEL LANDSCAPE irrigation repairs: medians 601.32 bermuda seed: sports parks 500.00 irrigation repairs:medians/parks 497.36 mainline irrigation repairs: Stn 84 169.93 1,768.61 119558 11/01/2007 003053 FAGAN, MATTHEW periormance:NAIOP reception 200.00 200.00 119559 11/01/2007 000478 FAST SIGNS Signs: Art of the Skateboard 123.29 exhibit signage: history museum 122.44 signs: RDA Old Town 26.94 272.67 119560 11/01/2007 000166 FIRST AMERICAN TITLE property rpt: Boys & Girls Club 500.00 COMPANY real property rpt Temecula: PW 500.00 lot book rpt:45155 Putting Green 75.00 lot book rpt:44891 Trotsdale Dr 75.00 1,150.00 119561 11/01/2007 011488 FLOYD, JEAN refund: park rental 10127/07 48.00 48.00 119562 11/01/2007 010493 FOREST CITY COMMERCIAL Nov lease pymt:Police Storefront 0 1,458.33 1,458.33 MGMT 119563 11/01/2007 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 626.40 626.40 119564 11/01/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 119565 11/01/2007 000170 FRANKLIN QUEST COMPANY INC 2008 calendars: PW 994.29 994.29 119566 11/01/2007 011466 FRAZIER, VIRGINIA Writers Forensic Forum 11/3/07 250.00 250.00 119567 11/01/2007 011437 FRIDBORG, BELINDA GAIL Cowboy Poetry 11/3/07 event 1,500.00 1,500.00 119568 11/01/2007 011489 FRITO LAY COMPANY refund:security dep RRSP 10/21 150.00 150.00 119569 11/01/2007 009097 FULL COMPASS SYSTEMS Misc supplies: Theater 589.56 Misc stage supplies: Theater 114.00 credit: returned headphones -522.00 181.56 119570 11/01/2007 007866 G C S SUPPLIES INC printer toner/cartridges: Info Sys 1,179.87 1,179.87 119571 11/01/2007 004514 G T S I CORP 10-Panasonic PC's: Info Sys 39,478.22 docking stations: Info Sys 4,932.28 stylus pens for digitizer: Info Sys 260.33 44,670.83 PageS apChkLst Final Check List Page: 6 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119572 11/01/2007 001937 GALLS INC rechargeable battery: Stn 84 33.91 33.91 119573 11/01/2007 011465 GARDNER, JR., KENNETH D. Cowboy Poetry 11/3107 event 250.00 250.00 119574 11/01/2007 003815 GFB FRIEDRICH & ASSOCIATES Sept pavement rehab:OePortola Rd 3,640.86 3,640.86 INC 119575 11/01/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire 2,607.29 INC Office Supplies: Finance 292.19 2,899.48 119576 11/01/2007 004890 GOLDEN STATE FIRE sprinkler certification: Stn 84 500.00 PROTECTION sprinkler certification: Stn 73 500.00 1,000.00 119577 11/01/2007 005947 GOLDEN STATE OVERNIGHT 10/1-15 express mail svc: Fire 65.67 65.67 119578 11/01/2007 004125 GRAYDON, KEN Cowboy Poetry 11/3/07 event 250.00 250.00 119579 11/01/2007 002174 GROUP 1 PRODUCTIONS video svcs:wolf creek fire stn 9/15 2,100.00 2,100.00 119580 11/01/2007 005311 H20 CERTIFIED POOL WATER Sept pool svcs: CRCfTES 900.00 900.00 SPCL. 119581 11/01/2007 000186 HANKS HARDWARE INC Hardware supplies: PW Maint 651.71 Hardware supplies: Ubrary 87.50 Hardware supplies: Info Sys 5.80 745.01 119582 11/01/2007 003895 HAROLD, MARK reimb:picture enlargement/mounting 479.28 479.28 119583 11/01/2007 006250 HAZ MAT TRANS INC haz mat waste disposal svcs: PW 1,710.00 1,710.00 119584 11/01/2007 001135 HEALTH POINTE MEDICAL Pre-employment physicals: HR 125.00 GROUP INC Pre-employment physicals: HR 35.00 credit: incorrectly billed at $35 -10.00 150.00 119585 11/01/2007 011478 HERRON & RUMANSOFF refund:pln ck fee 103 Commerce Ctr 122.98 122.98 ARCHITECTS 119586 11/01/2007 004811 HEWLETT PACKARD 10 ultra slim desktops: Info Sys 9,953.55 HP cat cable: Info Sys 53.88 10,007.43 119587 11/01/2007 005748 HODSON, CHERYL A. Support Payment 26.55 26.55 119588 11/01/2007 000963 HOGAN, DAVID Retirement Medical Payment 719.20 719.20 Page:6 apChkLst Final Check List Page: 7 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119589 11/01/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 14,607.64 14,607.64 303355 119590 11/01/2007 004406 IGOE & COMPANY INC Oct flex benefit plan pmt: HR 442.50 442.50 119591 11/01/2007 001123 INDUSTRIAL DISTRIBUTION misc supplies: PWMaint 160.88 160.88 GROUP 119592 11/01/2007 001351 INLAND EMPIRE TOURISM reg:G.Wolnick ups glbl trade 10/23 50.00 50.00 COUNCIL 119593 11/01/2007 006914 INNOVATIVE DOCUMENT fax supplies: Central Svcs 256.45 256.45 SOLUTIONS 119594 11/01/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals:Aquatics 350.08 INC Pool sanitizing chemicals:Aquatics 233.73 583.81 119595 11/01/2007 010119 IRS-OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11 119596 11/01/2007 001186 IRWIN, JOHN TCSD instructor earnings 100.80 TCSD instructor earnings 79.80 180.60 119597 11/01/2007 011323 J. E. CHAPMAN INC. Recognition shirts: Info Systems 91.70 91.70 119598 11/01/2007 008358 JAGUSCH, M.D., CHRISTIAN R. AED medical review: Fire 4,500.00 4,500.00 119599 11/01/2007 004908 JIFFY LUBE 1878 vehicle repair/maint: B&S 39.85 39.85 119600 11/01/2007 009480 JOHNSON, DEE STRICKLAND Cowboy Poetry 11/3/07 event 750.00 750.00 119601 11/01/2007 002531 KA TY FM RADIO broadcasting svcs: RDA 2,100.00 2,100.00 119602 11/01/2007 003046 K FRO G 95.1 FM RADIO broadcasting: Old Town events 750.00 750.00 119603 11/01/2007 010824 KARMAN L TO Repair donor wall: Library 1,355.61 1,355.61 119604 11/01/2007 002424 KELLEY DISPLAY INC banner maintenance: Eco Dev 402.43 banner maintenance: Eco Dev 385.91 788.34 Page:? apChkLst Final Check List Page: 8 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119605 11/01/2007 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 841.05 TCSD instructor earnings 623.00 TCSD instructor earnings 560.70 TCSD instructor earnings 342.65 TCSD instructor earnings 249.20 TCSD instructor earnings 249.20 TCSD instructor earnings 218.05 TCSD instructor earnings 186.90 TCSD instructor earnings 186.90 TCSD instructor earnings 155.75 TCSD instructor earnings 155.75 TCSD instructor earnings 93.45 TCSD instructor earnings 93.45 3,956.05 119606 11/01/2007 004481 KIMLEY HORN & ASSOCIATES Sept design svc:Santiago Basin 6,892.50 6,892.50 INC 119607 11/01/2007 011479 KING, SHIRLEY refund: San Diego excursion 10/29 25.00 25.00 119608 11/01/2007 010815 KNOX ASSOCIATES INC knox box key switch: Police 1,954.59 1,954.59 119609 11/01/2007 007321 KOPP, JON R. (RANDY) sound repair/maint: CRC 200.00 200.00 119610 11/01/2007 001085 L N CURTIS & SONS Fire rescue supplies: Stn 12 1,761.58 1,761.58 119611 11/01/2007 003975 LAWRENCE, JEFF reimb: EOC supplies 159.96 159.96 119612 11/01/2007 011480 LAWYER, TIMOTHY refund: security dep CRC 1/4/08 150.00 150.00 119613 11/01/2007 009285 LEISURE MORE CORP pet waste bags: city parks 523.78 523.78 119614 11/01/2007 011175 LEPPERT, MARY Advertising: Childrens Museum 300.00 300.00 119615 11/01/2007 009388 LETS GET PERSONAL uniforms: code enforcement 1,350.79 1 ,350.79 119616 11/01/2007 010656 LEUSCHEN, AI DEE TCSD Instructor Earnings 262.50 TCSD Instructor Earnings 157.50 420.00 119617 11/01/2007 011287 LINDY OFFICE PRODUCTS ergonomic office furniture:PW CIP 543.19 543.19 119618 11/01/2007 011481 LlNDYS CHOCOLATE FLORIST refreshments: 11/9 WRCOG tour 132.50 132.50 Page:8 apChkLst Final Check List Page: 9 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119619 11/01/2007 008610 M C R STAMPS OJ services: High Hopes 10/19 25.00 OJ services: High Hopes 10/05 25.00 50.00 119620 11/01/2007 003782 MAIN STREET SIGNS no smoking alumnm signs 7"x5": parks 323.25 street signs:pw maint div 161.63 484.88 119621 11/01/2007 007525 MANSOUR, FARAH refund: sec. deposit/CRC 10/14 96.00 96.00 119622 11/01/2007 006571 MELODY'S AD WORKS reimb expenses:Old Town events 161.62 161.62 119623 11/01/2007 005684 MEREDITH, MARILYN Writers Workshop:E.S.G. 11/3/07 250.00 250.00 119624 11/01/2007 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 7,777.62 7,777.62 119625 11/01/2007 007210 MIDORI GARDENS Irrigation repairs:var park sites 8/21 910.22 Irrigation repairs:var park sites 7/5 427.00 Irrigation repairs:Veterans Park 7/12 376.36 Irrigation repairs:Serena Park 8/16 56.28 Irrigation repairs:Crowne Hill Park 7/24 55.37 1,825.23 119626 11/01/2007 007669 MILES, KATRINA TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 112.00 280.00 119627 11/01/2007 001384 MINUTEMAN PRESS business cards: S.Rossini/K.Cox 86.74 86.74 119628 11/01/2007 009915 MOUNTAINVIEW COMMUNITY refund: sec deposit/temp use permit 25.00 25.00 CHURCH 119629 11/01/2007 004490 MUSCO SPORTS LIGHTING INC TVHS tennis court light 1 yr control link 400.00 Harv Comm Prk 1 yr control link srvc 400.00 800.00 119630 11/01/2007 011436 MUSGRAVE, JIM M. Cowboy PoetrylMusician:E.S.G. 11/3 1,500.00 1,500.00 119631 11/01/2007 001986 MUZAK -SOUTHERN CALIFORNIA Nov "on-hold" phone music:City Fac's 131.72 131.72 119632 11/01/2007 000233 NELSON, SHAWN reimb: Oct internet services 45.01 45.01 119633 11/01/2007 002037 NEXUS INTEGRATION SERVICES Network Client Services Theater 350.00 Network Client Services:City Hall 340.00 690.00 119634 11/01/2007 011410 NIXALlTE OF AMERICA INC Window alert decals:library 93.52 93.52 Page:9 apChkLst Final Check List Page: 10 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119635 11/01/2007 002139 NORTH COUNTY TIMES 1117/07-11/6/08 subscrThtr 117663 114.00 114.00 119636 11/01/2007 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:Police 23.44 23.44 DIV 119637 11/01/2007 002297 OVERLAND PACIFIC & CUTLER Sep consulting Civic Center 95.00 95.00 INC 119638 11/01/2007 002800 PACIFIC STRIPING INC FY07-08 street striping program 139,885.01 139,885.01 119639 11/01/2007 010547 PARKS, RON Retirement Medical Payment 693.59 693.59 119640 11/01/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92 PROGRAM 119641 11/01/2007 002498 PETRA GEOTECHNICAL INC Aug geotech srvcs: Field Oper Center 2,412.50 2,412.50 119642 11/01/2007 000249 PETTY CASH Petty Cash Reimbursement 204.51 204.51 119643 11/01/2007 006653 PLA YPOWER L T FARMINGTON Park play equip:RRSP 486.61 486.61 119644 11/01/2007 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 630.00 630.00 119645 11/01/2007 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 512.15 512.15 119646 11/01/2007 000254 PRESS ENTERPRISE COMPANY Sep advertising: FIT Finalel9-11 Rmbr 1,791.96 1,791.96 INC 119647 11/01/2007 002612 RADIO SHACK INC misc equipment:lnf Sys 32.29 32.29 119648 11/01/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 30,909.17 Oct 01-04-47210-0 T.E.S. Pool 898.92 Various Fire Water Meters 528.38 Oct 01-04-10033-2 Margarita Rd 50.85 32,387.32 119649 11/01/2007 003742 REHAB FINANCIAL RDA New Loan Services 2,164.00 CORPORATION Jul RDA Loan Servicer 16.00 Aug RDA Loan Servicer 8.00 2,188.00 119650 11/01/2007 003591 RENES COMMERCIAL Citywide trash/debris c1eanup:pw maint 10,000.00 10,000.00 MANAGEMENT Page:10 apChkLst Final Check List Page: 11 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119651 11/01/2007 004498 REPUBLIC INTELLIGENT furnish/instl street name sign:Marg Rd 1,765.00 instl mast arm tenon:R.C.lBus.Prk 1,547.16 supply & instl generator switch:PWTraf 985.00 instl battery sensors:PWTraffic 465.00 4,762.16 119652 11/01/2007 009781 RHODES, ESTHER refund: Senior Excursion/San Diego 50.00 50.00 119653 11/01/2007 007402 RICHARD BRADY & ASSOCIATES Sep dsgn:Field Oper Center 6,742.00 6,742.00 119654 11/01/2007 000418 RIVERSIDE CO CLERK & Ntc/exmptDevel.Code Amndmnt 07 updt 64.00 64.00 RECORDER 119655 11/01/2007 004907 RIVERSIDE CO Jan-Jun '07 WC freeway study 109,276.74 109,276.74 TRANSPORTATION 119656 11/01/2007 001097 ROADLlNE PRODUCTS INC misc supplies:pw maint div 343.25 343.25 119657 11/01/2007 010203 ROBERT CLAPPER CONST Prgs pmt #12:W.C.Fire Stn 5,996.35 5,996.35 SRVCSINC 119658 11/01/2007 001942 S C SIGNS Aug public ntc sign postings:Planning 2,125.00 Sep public ntc sign postings:Planning 935.00 Aug/Sep public ntc sign postings:Cty Clrk 765.00 3,825.00 119659 11/01/2007 009196 SACRAMENTO THEATRICAL Stage lighting supplies:theater 379.93 LIGHTING stage lighting supplies:theater 198.37 578.30 119660 11/01/2007 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,093.33 1,093.33 119661 11/01/2007 001500 SAN DIEGO REGIONAL TRAIN "7 Habits" trng: J.Robinson/D.BaIl10/2 478.00 478.00 CTR 119662 11/01/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50 119663 11/01/2007 007046 SANDS POINT INDUSTRIES INC Binder and Carrying Case:Fire Chief 64.45 64.45 119664 11/01/2007 010840 SCAFIDI, MARIE Reimb:Ntl Emerg Prepare:10/10-13:Sac 153.77 153.77 119665 11/01/2007 000793 SCANT RON FPC CORPORATION Scantron forms for B&S Dept. 2,193.90 2,193.90 119666 11/01/2007 010803 SEAN MALEK ENGINEERING & Prgs pmt #5:R.C.Rd \l\lidening pw02-19 225,000.00 225,000.00 CONST Page:11 apChkLst Final Check List Page: 12 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119667 11/01/2007 010089 SECURITAS SECURITY SRVCS Sep security srvcs:Harveston Lake Park 3,272.50 USA Aug security srvcs:Harveston Lake Park 3,150.00 10/12-18/07 security srvcs:Fire Stn 95 1,357.96 10/5-11/07 security srvcs:Fire Stn 95 1,287.36 9,067.82 119668 11/01/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment La File # 2007052618 339.70 339.70 119669 11/01/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment La File # 2007052618 100.00 100.00 119670 11/01/2007 009213 SHERRY BERRY MUSIC Jazz at the Merc concert 10/25/07 94.50 94.50 119671 11/01/2007 004814 SIMON WONG ENGINEERING INC Sep eng srvcs:main st bridge 495.00 495.00 119672 11/01/2007 000645 SMART & FINAL INC misc supplies:harvest carnival event 642.85 misc supplies:Team PACE event 10/31 250.52 misc supplies:pumpkin carving event 139.72 misc supplies: TCC 93.18 1,126.27 119673 11/01/2007 003477 SMITH, BARBARA reimb:CHS Evac Center supplies 57.67 57.67 119674 11/01/2007 003002 SMOOTH ILL SPORTS Skate Park Equipment 1,124.59 1,124.59 DISTRIBUTORS 119675 11/01/2007 000537 SO CALIF EDISON Oct 2-00-397-5042 City Hall 7,826.73 Oct 2-29-223-8607 Old Twn PED 1,960.75 Oct 2-00-397-5067 various mtrs 1,691.27 Oct 2-29-295-3510 Wolf Vlly 1,192.03 Oct 2-18-937-3152 T.Museum 949.44 Oct 2-20-817-9929 Police aT Stn 197.92 Oct 2-29-458-7548 Wolf Crk PED 63.25 Oct 2-19-171-8568 Wedding Chpl 61.51 Oct 2-14-204-1615 Front St Rdio 38.09 Oct 2-27-371-8494 Offsite Storage 22.23 Oct 2-29-657-2332 Redwood Rd PED 15.36 14,018.58 119676 11/01/2007 001212 SO CALIF GAS COMPANY Oct 091-085-1632-0 T.E.S. Pool 1,679.38 Oct 129-582-9784-3 Field Ops 99.04 Oct 101-525-1560-6 Fire Stn 73 60.59 1,839.01 119677 11/01/2007 000519 SOUTH COUNTY PEST CONTROL Oct pest control services:Fire Stn 92 42.00 42.00 INC 119678 11/01/2007 011447 ST SAN DIEGO LLC mattress replacement:Fire stn 73 7,975.00 7,975.00 Page:12 apChkLst Final Check List Page: 13 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119679 11/01/2007 007762 STANDARD OF OREGON Mandatory Ufe Insurance Payment 10,928.09 10,928.09 119680 11/01/2007 001972 STANLEY R HOFFMAN Jul-Aug fiscal study:sphere of influence 2,481.37 2,481.37 ASSOCIATES 119681 11/01/2007 011491 STARWOOD WASSERMAN refund:P1n deposit/40820 Winchester Rd 1,745.00 1,745.00 TEMECULA 119682 11/01/2007 011490 SVATKO, MARGARET refund:picnic shelter/RRSP 10/28 55.00 55.00 119683 11/01/2007 010215 T & T JANITORIAL Oct janitorial services: TCSD facilities 7,066.22 7,066.22 119684 11/01/2007 000305 TARGET BANK BUS CARD SRVCS recreation supplies: c. museum 134.95 recreation supplies: c. museum 100.40 recreation supplies: c. museum 51.71 hospitality supplies:theater 32.31 319.37 119685 11/01/2007 001547 TEAMSTERS LOCAL 911 Union Dues Payment 5,316.00 5,316.00 119686 11/01/2007 010679 TEMECULA AUTO City vehicle repair & maintFire Prev 37.48 37.48 REPAIR/RADIATOR 119687 11/01/2007 001035 TEMECULA ENVIRONMENTAL Jan-Jun '07 partial pmt trash hauling 175,756.30 175,756.30 119688 11/01/2007 010848 TEMECULA PLANTSCAPE Oct lease pmt:plants @ library 400.00 400.00 119689 11/01/2007 000307 TEMECULA TROPHY COMPANY recognition award:tcsd 416.91 Trophies & Awards: Skater Challenge 329.61 nameplate:D.Fulcher 9.16 755.68 119690 11/01/2007 000919 TEMECULA VALLEY UNIFIED Sep City vehicles fuel usage 530.61 530.61 SCHOOL 119691 11/01/2007 000316 THORNHILL, GARY Retirement Medical Payment 719.20 719.20 119692 11/01/2007 003862 THYSSENKRUPP Elevator full load test:City Hall 1,294.00 1,294.00 ELEVATOR.BRNCH 37 119693 11/01/2007 004145 TIME WARNER TELECOM Oct City phones general usage 1,094.68 1,094.68 119694 11/01/2007 009436 TOOKE, MICHAEL Reimb:I.C.C. Certification 170.00 170.00 Page:13 apChkLst Final Check List Page: 14 11/0112007 4:07:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119695 11/01/2007 002452 TOP LINE INDUSTRIAL misc. supplies:pw maint div 420.24 misc. supplies:pw maint div 6.72 426.96 119696 11/01/2007 002702 US POSTAL SERVICE Postage meter deposit 7,542.55 Postage meter deposit 4,542.43 12,084.98 119697 11/01/2007 008517 UNITED SITE SERVICES OF 10/11-11/7 sec.fencing:Main St bridge 26.40 26.40 CA,INC 119698 11/01/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00 119699 11/01/2007 006807 VANIR CONSTRUCTION Aug constr mgmt srvcs:W.C.Fire Stn 7,847.84 7,847.84 119700 11/01/2007 004261 VERIZON Oct xxx-5706 Field OPS Cntr 294.19 Oct xxx-3526 fire alarm 98.06 Oct xxx-9897 general usage 89.50 Oct xxx-5275 PO OSL 33.74 Oct xxx-7786 C. Washington 33.74 Oct xxx-5696 Sports Complex 32.69 Oct xxx-2676 general usage 32.69 614.61 119701 11/01/2007 004789 VERIZON ONLINE Oct Internet svcs xx9647 @ Library 439.95 Oct Internet svcs xx2527 Police OSL 39.95 479.90 119702 11/01/2007 010245 VILLA, DOLORES Retirement Medical Payment 557.10 557.10 119703 11/01/2007 000348 ZIGLER, GAIL reimb:Team PACE supplies 10/31 460.00 reimb:movie ticketsfTeam PACE 10/31 149.90 609.90 Grand total for UNION BANK OF CALIFORNIA: 1,521,657.04 Page:14 apChkLst 11/0112007 4:07:57PM Final Check List CITY OF TEMECULA Page: 15 209 checks in this report. Grand Total All Checks: 1,521,657.04 Page:15 apChkLst Final Check List Page: 1 11/0812007 4:07:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 119704 11/0812007 009604 12MILESOUT.COM Sept-Oct video svcs:Council mtgs 1,500.00 1,500.00 119705 11/0812007 004594 2 HOT ACTIVEWEAR Recognition Hats: Fire Dept 1,001.16 Uniforms:Police Traffic Divison 917.49 1,918.65 119706 11/0812007 009374 ALLEGRO MUSICAL VENTURES Steinway piano maint: Theater 140.00 Yamaha piano maint: Theater 140.00 280.00 119707 11/0812007 004240 AMERICAN FORENSIC NURSES Dec Stand By Fee: Police 1,000.00 DUI & Drug Screening: Police 296.00 DUI & Drug Screening: Police 222.00 1,518.00 119708 11/0812007 008279 AMERICOMP IN FOSYSTEMS INC USB Modem: IS Library 193.95 193.95 119709 11/0812007 011304 AMEZCUA, MICHELLE reimb:hats for emergency personnel 75.41 75.41 119710 11/0812007 000101 APPLE ON E INC temp help ppe 10120 Ortiz, V. 710.00 710.00 119711 11/0812007 001323 ARROWHEAD WATER INC Bottled wtr svcs: Maint Facility 412.11 Bottled wtr svcs: Fld Op Ctr 106.83 518.94 119712 11/0812007 003203 ARTISTIC EMBROIDERY Special Event Uniforms: TCSD 570.54 570.54 119713 11/0812007 003376 ARTS COUNCIL, THE sttlmtlt's Showtime 10/30/07 716.10 716.10 119714 11/0812007 011515 AUSTIN, KIMBERLE S. refund: Library room rental 10/27 70.00 70.00 119715 11/0812007 005432 BEL VILLAGGIO refund:grading TR3334 lots 4-7 995.00 995.00 119716 11/0812007 010825 BRASSFIELD COMMUNICATION Cable Install:Fire Stn's 12 & 84 6,927.26 6,927.26 INC 119717 11/0812007 011421 BRODART COMPANY Clear poster holders: Library 394.39 394.39 119718 11/0812007 005292 BUTLER, GREG Reimb:Tech TrnfrWrkshp:10/30 297.50 297.50 119719 11/0812007 007794 CAL-PASEO DEL SOL, LLC refund:TR24188 Paseo del Sol Park 995.00 995.00 119720 11/0812007 003549 CALIF ASSN OF MUSEUMS 07/08 CAM mb:OttfTV Museum 125.00 125.00 Page:1 apChkLst Final Check List Page: 2 11/0812007 4:07:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119721 11/0812007 000152 CALIF PARKS & RECREATION 07/08 mb:C.Adkisson 10 021938 135.00 135.00 SOC 119722 11/0812007 000387 CAREER TRACK SEMINARS MKfThe Mgmt Conf 12/11 :MO,AA 390.00 390.00 119723 11/0812007 004609 CINTAS DOCUMENT Oct doc shredding svcs: CRC 22.50 22.50 MANAGEMENT 119724 11/0812007 005417 CINTAS FIRST AID & SAFETY first aid kit supplies: City Hall 74.42 74.42 119725 11/0812007 011517 CLARK, KATHERINE release claims agreement payment 1,202.85 1,202.85 119726 11/0812007 001264 COSTCO WHOLESALE folding mtg chairs: TCC 262.03 Mise supplies:Theater hospitality 49.18 311.21 119727 11/0812007 010650 CRAFTSMEN PLUMBING & HVAC Install garbage disposal: CRC 2,175.00 INC Plumbing svcs: MPSC 694.71 toilet repair: TV Museum 210.16 3,079.87 119728 11/0812007 006392 DAVCON DEVELOPMENT refund:dep 27290 Madison Ave 5.00 5.00 119729 11/0812007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW Maint 2,124.26 INC Fuel for City vehicles: TCSO 2,104.19 Fuel for City vehicles: PW 755.80 Fuel for City vehicles: Code Enf/Pln 742.48 Fuel for City vehicles: B&S 572.88 Fuel for City vehicles: PWTraffic 248.90 Fuel for City vehicles: PWCIP 122.23 6,670.74 119730 11/0812007 011202 EM H SPORTS & FITNESS TCSO instructor earnings 210.00 210.00 119731 11/0812007 011375 EDUCATIONAL INNOVATIONS INC mise supplies:childrens museum 66.56 mise supplies:Childrens Museum 58.98 125.54 119732 11/0812007 011522 ELDER, DORIS refund: RRSP rental 11/3/07 55.00 55.00 119733 11/0812007 004592 ELITE BOBCAT SERVICE INC Oct Const:Oiaz Rd Realign Phs Ii 253,901.79 253,901.79 119734 11/0812007 005115 ENTERPRISE RENT A CAR INC Van rental: TV Museum 125.73 125.73 119735 11/0812007 008893 ETCO INVESTMENTS, LLC refund:dep 27290 Madison Ave 990.00 990.00 Page2 apChkLst Final Check List Page: 3 11/0812007 4:07:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119736 11/0812007 011529 EVERHART, GREG reimb:Thomas Bros guides 91.88 91.88 119737 11/0812007 011528 FARMERS MARKET MGMNT CO refund: citation 2146 dismissed 50.00 50.00 INC 119738 11/0812007 000165 FEDERAL EXPRESS INC 9/21-10/8 exp mail svc:Citywide 287.00 287.00 119739 11/0812007 003347 FIRST BANKCARD CENTER RADISSON HOTEL GY Hotel:CHP Enforce Cf:LaReau 1,143.96 HILTON HP MealNRPA Conf:9/25-28/07 719.98 BOXWOOD TECHNOLOGY INC GY Job Posting:Engineering 450.00 SOUTH COAST WINERY, INC. HP Room DpstDept Budget Mtg 293.90 COSTCO WHOLESALE GY Misc supplies for EE Mtgs 290.55 SOUTHWEST AIRLINES GY Airiare:Emerg Cf:1 0/1 G-13:Scafid 256.60 HILTON RR Htl Depst:NLC Congress Cf:11/13-17 214.57 STUART ANDERSON'S BLACK GY Refreshments: Team Pace Mtg 178.64 ANGUS HILTON RR Htl:SCAG/RC Mtg:LA:10/3-4 135.60 ONTARIO AIRPORT HP Prkg:NRPA Conf:9/25-28/07 60.00 MARIE CALLENDER GY Refreshments:Union Mtg 42.01 RESTAURANT 25 MCCORMICK & SCHMICK HP MealNRPA Conf:9/25-28/07 41.86 GOVERNMENT FINANCE GR book:Lg-Term Financial Planning 40.00 OFFICERS RAM BIG HORN BREWERY HP MealNRPA Conf:9/25-28/07 17.03 M C I CENTER RR Prkg:SCAG/RC Mtg:LA:1013-4 10.00 GR Credit Bank charges reversed -20.83 RR Credit: Bank charges reversed -37.77 HP Credit: Bank charges reversed -114.46 3,721.64 119740 11/0812007 011516 FOWLER, GRETCHEN refund:beginning guitar Anthony 90.00 90.00 119741 11/0812007 004514 G T S I CORP 1 O-AC Adaptors: Info Sys 593.27 593.27 119742 11/0812007 011204 GERMAN, JUANrrA M. country line dance:family fun nt 11/2 100.00 100.00 Page:3 apChkLst Final Check List Page: 4 11/0812007 4:07:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119743 11/0812007 000177 GLENNIES OFFICE PRODUCTS Office supplies: PWCIP/Lnd Dv 608.61 INC Office Supplies: Theater 245.88 Office supplies: HR 215.48 Office Supplies: Info Sys 194.09 Office Supplies: Finance 51.72 Office Supplies: Records Mgmt 47.64 Office Supplies: TV Museum 16.96 1,380.38 119744 11/0812007 002174 GROUP 1 PRODUCTIONS video svcs:9/11 Ceremony 2,100.00 2,100.00 119745 11/0812007 000520 H D L COREN & CONE INC 06/07 CAFR svcs: Finance 495.00 495.00 119746 11/0812007 000186 HANKS HARDWARE INC Hardware supplies: TCSD Parks 1,021.02 Hardware supplies: CRCfTCSD 294.63 Hardware supplies:Fld Op/l'v1aint 164.00 Hardware supplies: TCSD 42.10 Hardware supplies: Theater 30.46 Hardware supplies: MPSC 27.12 Hardware supplies: B&S 26.17 Hardware supplies: Code Enf 9.02 Hardware supplies: TCC 0.37 1,614.89 119747 11/0812007 001135 HEALTH POINTE MEDICAL Employee Physicals: Hr 145.00 145.00 GROUP INC 119748 11/0812007 004811 HEWLETT PACKARD HP xw4400 Workstation:lnfo Sys 2,376.96 2,376.96 119749 11/0812007 010550 HOME DEPOT, THE misc supplies:pw maint div 39.44 39.44 119750 11/0812007 003624 HOWELL, ANN MARIE graphic design svcs: Eco Dev 900.00 graphic design:city wine labels 720.00 1,620.00 119751 11/0812007 004217 HYDRO TEK COMPANY equip repair: pw maintenance 1,846.99 1,846.99 119752 11/0812007 004833 IMPERIAL PAVING COMPANY INC asphalt rehab:Mgita-Winchester 30,502.00 asphalt repairs:Rcho Ca Bridge 23,291.00 53,793.00 119753 11/0812007 010766 INLAND VALLEY SYMPHONY sttlmtMusical Stories 10/29/07 652.32 652.32 119754 11/0812007 004884 J & W REDWOOD LUMBER CO misc supplies:pw maint div 55.58 55.58 INC 119755 11/0812007 000203 JOBS AVAILABLE INC Recruitment ads: HR 71.40 71.40 Page:4 apChkLst Final Check List Page: 5 11/0812007 4:07:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119756 11/0812007 007321 KOPP, JON R. (RANDY) Lighting repair: CRC 200.00 200.00 119757 11/0812007 000209 L & M FERTILIZER INC equip repair & maint:pw maint div 142.38 142.38 119758 11/0812007 006246 LA QUINTA, CITY OF SCCCA Mtg 11/15 Santa Clarita 105.00 105.00 119759 11/0812007 003726 LIFE ASSIST INC Medical Supplies: Paramedics 1,523.53 1,523.53 119760 11/0812007 011287 LINDY OFFICE PRODUCTS ergonomic wrkstn equip:CM/HR/ED 1,759.96 1,759.96 119761 11/0812007 003782 MAIN STREET SIGNS street signs:pw maint div 2,198.10 2,198.10 119762 11/0812007 004141 MAINTEX INC misc supplies:EOC/shelter ops 1,886.47 misc supplies:EOC/shelter ops 870.73 misc supplies:EOC/shelter ops 641.54 Custodial equip maint/repair: tcsd 32.50 Custodial equip maint/repair: tcsd 32.50 3,463.74 119763 11/0812007 011519 MARGARITA CANYON LLC refund:grading permit/pm28627-1 & 2 995.00 995.00 119764 11/0812007 000217 MARGARITA OFFICIALS ASSN Oct Officiating Services:TCSD Sprts Prgm 2,820.00 2,820.00 119765 11/0812007 011521 MCNAB, KEITH & JACKIE refund:eng deposit/44509 Verde Dr. 995.00 995.00 119766 11/0812007 006571 MELODY'S AD WORKS consulting srvcs:Old Town Holiday 3,500.00 reimb expenses:Old Town Halloween 208.D7 3,708.07 119767 11/0812007 011440 MILLMORE'S WAA CREW City vehicle detailing srvcs:Planning 20.00 20.00 119768 11/0812007 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 340.20 340.20 A. 119769 11/0812007 004534 MOBILE SATELLITE VENTURES Oct EOC Stn Satellite Phone Svcs 72.78 72.78 LP 119770 11/0812007 010908 MR APPLIANCE OF WINCHESTER equip maintenance:City Hall 10/23 59.00 59.00 119771 11/0812007 001986 MUZAK -SOUTHERN CALIFORNIA Nov music broadcast:Old Town 69.11 69.11 PageS apChkLst Final Check List Page: 6 11/0812007 4:07:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119772 11/0812007 002925 NAPA AUTO PARTS auto parts & misc supplies: stn 92 183.26 auto parts & misc supplies: stn 92 111.70 auto parts & misc supplies: stn 92 52.86 auto parts & misc supplies: stn 92 44.36 392.18 119773 11/0812007 010504 NEXTEL COMMUNICATIONS Sep 26 -Oct 25 cellular usage/equip 1,387.57 1,387.57 119774 11/0812007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 126.96 City Vehicle Repair/Maint SVcs 48.47 City Vehicle Repair/Maint SVcs 34.27 209.70 119775 11/0812007 002256 P & D CONSULTANTS INC Sep Plan Check Review Srvcs:B&S Dept. 13,974.25 13,974.25 119776 11/0812007 011520 PACIFIC CENTURY HOMES INC refund:eng dpsVTR 23143,6-11 C.Hill 995.00 995.00 119777 11/0812007 002800 PACIFIC STRIPING INC Median striping: Date Ave 2,652.50 2,652.50 119778 11/0812007 002099 PASCOE MANAGEMENT LLP Nov restroom rental:Old Town 826.00 826.00 119779 11/0812007 000249 PETTY CASH Petty Cash Reimbursement 423.81 423.81 119780 11/0812007 004529 QUAID TEMECULA HARLEY- Oct repair & maintPolice motorcycles 3,910.27 3,910.27 DAVIDSON 119781 11/0812007 003591 RENES COMMERCIAL weed control:City channels-Out/Inlets 9,750.00 9,750.00 MANAGEMENT 119782 11/0812007 004498 REPUBLIC INTELLIGENT Sep eng sIYcs:trafsgnlsfTem. Parkway 10,394.00 10,394.00 119783 11/0812007 002412 RICHARDS WATSON & GERSHON Sept2007legalse~ces 115,206.13 115,206.13 119784 11/0812007 000353 RIVERSIDE CO AUDITOR Sept 2007 parking citation 7,988.19 7,988.19 119785 11/0812007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: R. & M. Gutierrez 11.00 11.00 RECORDER 119786 11/0812007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: B. Kizik 11.00 11.00 RECORDER 119787 11/0812007 000418 RIVERSIDE CO CLERK & Res ImplY Prgm: J. & L. Flores 11.00 11.00 RECORDER Page:6 apChkLst Final Check List Page: 7 11/0812007 4:07:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119788 11/0812007 010301 RIVERSIDE CO DISTRICT '07 CA Gang Summit:11/5-9, 4 Deputies 600.00 600.00 ATTORNEY 119789 11/0812007 001592 RIVERSIDE CO INFO Sep radio rental & maint: Police 1,658.28 1,658.28 TECHNOLOGY 119790 11/0812007 011101 RIVERSIDE LAND Aug-Sep Consulting Srvcs:Open Space 841.61 841.61 CONSERVANCY 119791 11/0812007 009196 SACRAMENTO THEATRICAL stage lighting supplies:theater 128.46 128.46 LIGHTING 119792 11/0812007 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 262.50 598.50 119793 11/0812007 010089 SECURITAS SECURITY SRVCS 10/19-25/07 security srvcs:stn 95 1,357.96 1,357.96 USA 119794 11/0812007 009213 SHERRY BERRY MUSIC Jazz at the Merc concert 11/1/07 63.00 63.00 119795 11/0812007 000645 SMART & FINAL INC misc supplies:mpsc 199.04 misc rec supplies: high hopes 184.11 refreshments:theater prgrms 165.60 misc supplies:EOC/shelter operations 47.19 misc supplies:EOC/shelter ops 31.46 misc supplies:EOC/shelter ops 12.48 639.88 119796 11/0812007 000537 SO CALIF EDISON Oct 2-05-791-8807 various mtrs 10,060.21 Oct 2-28-629-0507 Library 8,597.88 Oct 2-27-805-3194 Theater 4,199.37 Oct 2-02-502-8077 Maint Fac 2,005.35 Oct 2-20-798-3248 C. Museum 1,196.75 Oct 2-29-479-2981 Hghwy 79S 87.62 26,147.18 119797 11/0812007 000282 SO CALIF MUNICIPAL ATHLETIC Institute semA tcsd staff 10/15/07 230.00 230.00 119798 11/0812007 011514 SOLUTIONS BY LAURA refund:room rental/Library 10/25 87.50 87.50 119799 11/0812007 010942 SONSHINE LANDSCAPE release retention:Margarita Dog Park 12,490.00 COMPANY Prgs Pmt:Margarita Dog Park 4,410.00 16,900.00 119800 11/0812007 000519 SOUTH COUNTY PEST CONTROL Oct pest control services: City Fac's 541.00 541.00 INC 119801 11/0812007 000293 STADIUM PIZZA INC staffing training: C. Museum 11/1 51.10 51.10 Page:? apChkLst Final Check List Page: 8 11/0812007 4:07:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119802 11/0812007 003840 STRONGS PAINTING painting srvcs:City Hall cashiers office 475.00 475.00 119803 11/0812007 010986 STUART CELLARS LLC Promotional items:Econ Dev 4,848.75 4,848.75 119804 11/0812007 010679 TEMECULA AUTO City vehicle repair & maintParamedics 154.20 154.20 REPAIR/RADIATOR 119805 11/0812007 000307 TEMECULA TROPHY COMPANY recognition plaques:RJM Design Group 210.27 210.27 119806 11/0812007 007340 TEMECULA VALLEY FIRE EQUIP. kitchen equip inspection:pbsp 154.09 CO Kitchen equip inspection:tcc 144.40 kitchen equip inspection:mpsc 134.70 433.19 119807 11/0812007 009194 TEMECULA VALLEY NEWS Oct display ad:Theater 143.20 143.20 119808 11/0812007 000312 TEMECULA VALLEY PLAYHOUSE Dracula production 10/15-28/07 1,376.58 1,376.58 119809 11/0812007 006918 THORSON, TIM Reimb:MISAC Cf:10/7-10:Monterey 47.10 47.10 119810 11/0812007 010276 TIME WARNER CABLE Oct 07 high speed internet CW 54.95 54.95 119811 11/0812007 008430 TRANSIT VAN Transportation:Sister Cities 10130 &11/9 553.00 553.00 119812 11/0812007 005460 U S BANK 2001 Cop Admin Fees:Finance 3,850.00 3,850.00 119813 11/0812007 002702 US POSTAL SERVICE Postage meter deposit 2,715.43 2,715.43 119814 11/0812007 002065 UNISOURCE paper supplies: central svcs 3,405.72 3,405.72 119815 11/0812007 011530 VOL TURA, DEBBIE Theater performance 11/1/07 475.95 475.95 119816 11/0812007 011486 WEAVER, SHEILA Refund: Cite 54949 Dismissed 50.00 50.00 119817 11/0812007 000621 WESTERN RIVERSIDE COUNCIL AB 939 Wrkshp 12/14 B.Smith 15.00 15.00 OF 119818 11/0812007 011482 WILLIAM LYON HOMES, INC Refund: Trust account 12,590.31 Refund: Trust account 4,000.00 16,590.31 Page:8 apChkLst Final Check List 11/0812007 4:07:29PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 119819 11/0812007 009173 WORD MILL PUBLISHING Sep advertising:mpsc health fair 325.00 119820 11/0812007 000348 ZIGLER, GAIL reimb:sunshine fund/Bruce Beers 200.00 reimb:suppliesfTeam PACE 10/31 103.54 119821 11/0812007 007085 ZUNA, JOHN PAUL Reimb:ICC Certification 70.00 Page: 9 Grand total for UNION BANK OF CALIFORNIA: Check Total 325.00 303.54 70.00 628,786.27 Page:9 apChkLst 11/0812007 4:07:29PM Final Check List CITY OF TEMECULA Page: 10 118 checks in this report. Grand Total All Checks: 628,786.27 Page:10 ITEM NO.4 Approvals City Attorney Director of Finance City Manager 1r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 27, 2007 SUBJECT: 2007-08 Community Service Funding Program PREPARED BY: Judith M. McNabb, Administrative Assistant RECOMMENDATION: That the City Council review and approve the 2007-08 Community Service Funding Program grants pursuant to the attached spreadsheet outlining the Ad Hoc Subcommittee's recommendations of $112,000 to 36 organizations. BACKGROUND: Community Service Funding Program applications were mailed to approximately 100 non-profit organizations in the T emecula Valley area. Applications were sent to community-based organizations that were in the City's database from the last distribution period, as well as those organizations that called or stopped by City Hall requesting an application. In addition to the mailing, advertisements were placed in the local newspapers and the application and guidelines were posted on the City's website. A total of 61 organizations submitted applications requesting $289,675.50 in grant funding. The Ad Hoc Subcommittee, along with Staff Members, reviewed the requests for funding based on criteria previously adopted by the entire City Council. After review and discussion, the Ad Hoc Subcommittee recommends 36 of the 61 organizations receive grants as outlined on the attached spreadsheet, totaling $112,000. The City Council appointed Mayor Pro Tem Mike Naggar and Council Member Maryann Edwards to the 2007-08 Community Service Funding Ad Hoc Subcommittee to allocate grant funds to non-profit organizations that provide community services to the citizens of Temecula. FISCAL IMPACT: FY 2007-08 Community Service Funding line item budget provides for a total of $120,000 in funding. Ad Hoc Subcommittee funding recommendations total $112,000, therefore, $8,000 remains in the FY 2007-08 Community Service Funding line item budget. ATTACHMENTS: 2007-08 Community Service Funding Program Ad Hoc Subcommittee Recommendation Spreadsheet 2007 -08 Community Service Funding Program Applications 1 Animal Friends of the Valleys, Inc. $ $ 5,000 $ 2 Assistance League of Temecula Valley Repaint outside of Castaways Thrift Store $ 5,000 $ 5,000 $ 5,000 Pregnancy Resource Services for 3 Birth Choice of Temecula, Inc. Community $ $ 5,000 $ 5,000 Power Hour and Project Learn After 4 Boys and Girls Club of Southwest County School Program $ 5,000 $ 5,000 $ 5,000 5 Boys Scouts of America - Troop 148 Equipment, Registration Fees, Awards $ 1,500 $ 5,000 $ Purchase of a utility trailer to move 6 Boys Scouts of America - Troop 337 equipment on Troop outings $ 1,500 $ 4,995 $ 7 Camp Del Corazon, Inc. "Have a Heart" Camp Scholarships $ 4,000 $ 5,000 $ 5,000 Provide and train an Assistance Dog for a 8 Canine Support Teams Inc. disabled child $ 1,000 $ 5,000 $ 2,000 CASA (Court Appointed Special Recruitment and training of new 9 Advocates) for Riverside County, Inc. community volunteers $ 2,500 $ 5,000 $ 3,000 CHS Grad Nite - 2008 Grad Nite 10 Chaparral High Education Foundation Celebration $ 5,000 $ 5,000 $ 5,000 Chaparral High Education Foundation Technology Fund for purchase of digital 11 projectors $ $ 5,000 $ Portable Sound Equipment for 12 Christian Youth Theater Performances $ 2,000 $ 3,000 $ 1,000 Citizens' Scholarship Foundation of Scholarship funds for Chaparral High 13 Temecula Valley School Seniors $ 5,000 $ 5,000 $ 5,000 Citizens' Scholarship Foundation of Scholarship funds for Great Oak High 14 Temecula Valley School Seniors $ 5,000 $ 5,000 $ 5,000 Citizens' Scholarship Foundation of Scholarship funds for Temecula Valley 15 Temecula Valley High School Seniors $ 5,000 $ 5,000 $ 5,000 Temecula Valley Chamber of Commerce 16 Coalition to Improve Education Student of the Month and Year Program $ 2,000 $ 5,000 $ 2,000 Angel Tree Party Project - provide food, clothing and fun gifts for children of 17 Community Outreach Ministry prisoners $ - $ 5,000 $ I ~~~1XJ.:.:3 ~ ~ [ci.]j"IIfI1rrGI~ ~ ~ ;{::r-rijfllj"II:;;:iI~h. ~ Il@j] ~ 0]l 0:illr'~ ~-1i1L &ill:'cl.IiH.iffJ 18 Cub Scout Pack #148 Awards, Activities, Equipment $ 1,500 $ 2,600 $ Library Materials; Website Development; Resource Parent Training; Bereavement 19 Empty Cradle - Riverside County Chapter Materials $ 2,000 $ 5,000 $ 3,000 20 Golden Valley Music Society Inc. Outreach to Advanced the Arts $ 1,000 $ 5,000 $ Great Oaks High School Grad Nite 21 Committee / GOALS GOHS Grad Nite Celebration 2008 $ 5,000 $ 5,000 $ 5,000 22 Habitat for Humanity Inland Valley Habitat Way Project - Phase II $ 5,000 $ 5,000 $ 5,000 Shakespeare in the Vines - Purchase of sound equipment and educational 23 Havens for the Arts, Inc. outreach $ $ 5,000 $ Healthy Management Diabetes 24 Education Diabetes Management Outreach Program $ 500 $ 5,000 $ 500 Hospice of the Valleys Teen Volunteer 25 Hospice of the Valleys Program $ $ 5,000 $ 5,000 Initiate an innovative out-reach program called Degas Livel into local elementary 26 Inland Valley Classical Ballet Theater schools $ $ 5,000 $ 27 Kiwanis Club of Temecula - Murrieta Holiday Giving; 5th Grade Band; Key Club $ 2,000 $ 5,000 $ Community Education and Volunteer 28 Michelle's Place Training Program $ 1,500 $ 4,677.50 $ 1,500 29 Music Heritage, Inc. Youth String Competition and Ensembles $ 2,000 $ 5,000 $ 4,000 Mike Naggar Abstained 30 Musicians Workshop Scholarship Program $ 5,000 $ 5,000 $ 31 Children's Healthcare $ 5,000 $ 5,000 $ 3,000 32 Performing and Literary Arts Program $ $ 5,000 $ 2,000 33 Temecula Outreach Program $ 5,000 $ 5,000 $ Direct Service to Rape Victims / Rape 34 Riverside Area Rape Crisis Center Awareness and Prevention $ 5,000 $ 5,000 $ 2,500 Camp designed for children in the foster 35 Royal Family Kids Camp care, social services system $ 1,000 $ 5,000 $ 1,000 San Diego Blood Bank d/b/a Valley Blood 36 Services Blood Donation Center $ 1,000 $ 5,000 $ 1,000 2 I ~~~1XJ.:.:3 ~ ~ [ci.]j"IIfI1rrGI~ ~ ~ ;{::r-rijfllj"II:;;:iI~h. ~ Il@j] ~ 0]l 0:illr'~ ~-1i1L San Diego State University Foundation d/b/a San Diego State University Santa Margarita Ecological Reserve 37 Research Foundation Environmental Education $ $ 5,000 $ 500 38 Santa Rosa Plateau Foundation Third Grade Outdoor Education Program $ $ 4,000 $ Enhance the John Blance Memorial 39 Southwest Soccer Club Soccer Complex $ $ 5,000 $ Team Evangelical Assist Ministries 40 (TEAM.) Community Pantry Community Pantry $ 2,500 $ 5,000 $ 5,000 41 Temecula Triton Swim Club TMEC Swim For All $ $ 4,803 $ 42 Temecula United Methodist Church Bread from Heaven Food Pantry $ $ 2,000 $ 43 Temecula Valley Garden Club Flower Show and Garden Fair $ 500 $ 5,000 $ 500 Purchase genealogical resources including books that will become part of the genealogical collection at the Temecula 44 Temecula Valley Genealogical Society Public Library $ $ 5,000 $ 2,000 Temecula Valley High School Band Operation: Solid Tone (replace several of 45 Boosters the instruments) $ $ 5,000 $ Plaques at historical sites and Brochures 46 Temecula Valley Historical Society for Old Town Tour Guides $ 750 $ 2,500 $ 750 47 Temecula Valley Historical Society Wolfs Tomb $ 750 $ 2,500 $ 750 Purchase replacements mats and portable 48 Temecula Valley Judo, Inc. evaporative (swamp) cooler $ $ 3,600 $ 49 Temecula Valley Master Chorale Educational Outreach Program $ 1,500 $ 5,000 $ 50 Temecula Valley People Helping People Help various organizations $ $ 5,000 $ 5,000 51 Temecula Valley Playhouse Performance Literature $ $ 5,000 $ 52 Temecula Valley Pop Warner, Inc. Birdsall Sports Park Score Board $ $ 5,000 $ 53 Temecula Valley Rose Festival Rose and Art Festival $ 2,000 $ 5,000 $ 2,500 54 Temecula Valley Woman's Club 22nd Annual Holiday Home Tour $ $ 5,000 $ 5,000 Literacy and Arts Partnership - Growth 55 (The) Arts Council ofTemecula Valley through the Arts (GAP) $ $ 5,000 $ 56 (The) Unforgettables Foundation Burial Assistance Program $ $ 5,000 $ 3 &ill:'cl.IiH.iffJ I ~ 0]l 0:illr'~ ~~~1XJ.:.:3 ~ ~ [ci.]j"IIfI1rrGI~ ~ ~ ;{::r-rijfllj"II:;;:iI~h. ~ Il@j] ~-1i1L (The) Visiting Nurse Association of the Provide in-home skilled healthcare for low- 57 Inland Counties income Temecula residents $ $ 5,000 $ 58 Veterans of Foreign Wars - Post 4089 VFW Service Center $ $ 5,000 $ 2,500 59 VNW Circle of Care, Inc. Operating Blessing - Food Ministry $ 5,000 $ 5,000 $ 5,000 60 Vail Ranch Restoration Association, Inc. Butterfield Stage 150th Anniversary $ $ 5,000 $ 1,000 61 Volunteer Center of Riverside County 211 Call Center $ $ 5,000 $ TOTALS $ 289,675.50 $ 112,000 4 &ill:'cl.IiH.iffJ ITEM NO.5 Approvals City Attorney Director of Finance City Manager ~ 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 27, 2007 SUBJECT: Liability Insurance Renewal PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOM M ENDA TION: That the City Council approve the insurance policy renewal for general and excess liability insurance with St. Paul Travelers Insurance Company and Princeton Excess Insurance Company in the amount of $221,445, for the period of December 1, 2007 through December 1, 2008. BACKGROUND: In preparation of the expiration of the liability insurance policy with Clarendon America Insurance Company/Arch Specialty Excess Insurance Company on December 1, 2007, staff requested that the City's insurance broker, Cal-Surance/Brown and Brown of California, Inc., market the City's general liability insurance. In response, Cal-Surance/Brown and Brown of California, Inc. obtained proposals from the companies listed below. These premiums were quoted with a minimum self-insured retention (SIR) of $150,000 and range up to $200,000. I COMPANY/COVERAGE $150,000 SIR $200,000 SIR $250,000 SIR St. Paul Travelers Insurance Company General Liability $5 million $221 ,445 Not Quoted Not Quoted Princeton Excess Insurance Company Excess Liability $5 million: $10 million Lexington Insurance Company (Clarendon America) General Liability $5 million $235,000 Not Quoted Not Quoted Excess Liability $5 million: $10 million Catlin Insurance Company (UK Limited) $245,000 Not Quoted Not Quoted General Liability $5 million Genesis Insurance Company Not Quoted $265,000 Not Quoted General Liability $5 million St. Paul Travelers Insurance Company has an "A+" rating with a financial size category of "XV." Princeton Excess Insurance Company has an "A" rating with a financial size category of "XV." The proposal by St. Paul Travelers Insurance Company and Princeton Excess Insurance Company provides coverage of $10 million per event and $10 million aggregate for a premium of $221,445. The total liability premium of $221,445 represents general liability of $169,882, and excess liability of $51,562. The proposal covers the entire year regardless of changes in the operating status of the City of Temecula. Considering the City's increasing exposure associated with growth and increased activities, staff recommends the City accept the proposal of St. Paul Travelers Insurance Company and Princeton Excess Insurance Company proposal. The schedule below reflects general and excess liability insurance premiums for the past seven years: Year 2001 2002 2003 2004 2005 2006 2007 Premium $140,291 $268,217 $279,984 $274,063 $278,901 $252, ng $221,445 Limits $15 million $10 million $10 million $10 Million $10 million $10 million $10 million The liability premium for the last two years has been reduced each year from $278,901 in 2005 to the current amount of $221 ,445. The liability premium for this year in comparison with premiums paid between 2002 to 2006, represents a significant premium reduction. Based on the information provided herein, staff recommends that the general liability coverage be renewed with St. Paul Travelers Insurance Company and Princeton Excess Insurance Companyfor coverage from December 1, 2007 through December 1, 2008, and for an annual premium of $221,445, with a self-insured retention of $150,000. The self-insured retention of $150,000 is at the same level as last year and is the lowest available to the City. FISCAL IMPACT: Sufficient funds have been budgeted in the fiscal year 2007-2008 insurance fund. ATTACHMENTS: Proposal from St. Paul Travelers Insurance Company and Princeton Excess Insurance Company PROPOSAL FROM ST. PAUL TRAVELERS PRINCETON EXCESS INSURANCE COMPANY TERM: FORMAT: NAMED INSURED: December 1, 2007 - December 1, 2008 Event/Occurrence City of Temecula Temecula Community Services District Redevelopment Agency of the City of Temecula Temecula Public Financing Authority Industrial Development Authority SELF-INSURED RETENTION (SIR): $150,000 TOTAL LIMITS/COVERAGE: $10,000,000 (per occurrence) ST. PAUL TRAVELERS PRIMARY COVERAGE AND PREMIUM $169,882 PUBLIC ENTITY GENERAL LIABILITY .......................................INCLUDED PUBLIC ENTITY MANAGEMENT LIABILITY..................................... INCLUDED PUBLIC ENTITY LAW ENFORCEMENT LIABILITY ..........................INCLUDED PUBLIC ENTITY EMPLOYMENT PRACTICES LIABILITY ...............INCLUDED PUBLIC ENTITY AUTO LIABILITY ....................................................INCLUDED PUBLIC ENTITY EMPLOYEE BENEFIT PLANS ADMINISTRATION LIABILITY .......................................................INCLUDED PUBLIC ENTITY UMBRELLA / EXCESS LIABILITY ........................INCLUDED $5,000,000 Per Event or Wrongful Act or Combination of Event and Wrongful Act Excess Over Self-Insured Retention (SIR) Public Entity General (Including Bodily Injury, Products & Completed Work Liability), Law Enforcement, Employment Practices, Management, Automobile, and Umbrella Liability $1,000,000 Per Wrongful Act Public Entity Employee Benefit Plan Administration Liability $5,000,000 Total Limit (Aggregate) Management Liability $5,000,000 Total Limit (Aggregate) Employment Practices Liability $7,000,000 Total Limit (Aggregate) Employee Benefit Plan Administration Liability $5,000,000 Total Limit (Aggregate) General, Law Enforcement, and Automobile Liability PRINCETON EXCESS INSURANCE COMPANY EXCESS FOLLOWING FORM OVER THE ABOVE $5,000,000 Occurrence/Aggregate........................................................... $51,563 TOTAL COMBINED ANNUAL PREMIUM COST .................$221,445 ITEM NO.6 Approvals City Attorney Director of Finance City Manager 1r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: November 27, 2007 SUBJECT: Purchase of Handheld Traffic Citation Devices, DUI and Collision Handheld Reporting Software PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council: 1. Approve the Purchase and Installation Agreement with Crossroads Software Inc. in the amount of $52,429.15 to purchase handheld traffic citation devices and to purchase and implement DUI and Collision Reporting Software for Handhelds. 2. Authorize the City Manager to approve additional work up to 10% of the amount of the Agreement, not to exceed a total amount of $5,242.92. BACKGROUND: The Temecula Police Department has been actively researching technology solutions in order to streamline processes and meet the growth of our City. One solution implemented in fiscal year 2007, utilizing grant funds through the Office of Traffic Safety and the Bureau of Justice Assistance, is a handheld traffic citation system which allows our traffic officers to enter and print citations electronically in the field, "sync" up with our traffic database at the station and storefronts, and download the citation information directly to the courts. In October 2007, the Office of Traffic Safety awarded the City of Temecula $102,994 in funding toward education and enforcement. Of the grant, $30,000.00 is earmarked toward purchase of two additional handheld software modules. These new modules will allow traffic officers to produce DU I and collision reports in the field, increasing officer productivity. In addition, the data acquired through the collision reporting module can be downloaded to the Public Works Traffic Division, thereby streamlining data collection. The Bureau of Justice Assistance also awarded the City an additional grant of $22,429 to purchase fifteen more traffic citation systems. These systems will be used by patrol officers, thereby eliminating the use of paper traffic citations. Contingency is being requested on this agreement to allow for unforeseen issues with the delivery of implementation and training. On October 9, 2006, requests for proposals were sent out to six vendors. The request was also posted on the City's website. Six proposals were received from qualified vendors. Crossroads Software, Inc. was selected in accordance with Temecula Municipal Code Section 3.28.245. Their bid price was the lowest and their solution closely meets the business processes of the Temecula Police Department. In addition, their system easily interfaces with the Department's existing traffic collision database which is also a Crossroads system. The additional Crossroads software modules are sold as a site license and integrate fully with the existing system to extend the functionality of the handheld citation system. FISCAL IMPACT: Adequate funds exist within the Police Department budget (001-170- 503-5242 and 001-170-502-5242) and will be reimbursed through grant funds. ATTACHMENTS: Purchase and Installation Agreement PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND CROSSROADS SOFTWARE, INC. FOR HANDHELD CITATION UNITS AND SOFTWARE MODULE SITE LICENSES This Purchase and Installation Agreement ("Agreement") is made and entered into as of November 27,2007 by and between the City of Temecula ("City"), a municipal corporation, and Crossroads Software, Inc. ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Equipment and Software. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to sell and deliver to the City Handheld Citation Units ("Equipment") as well as installation of site licensed software for the Crossroads DUI Reporting Software for Handheld module the Crossroads Collision Report Software for Handheld module ("Software") described in Exhibit A, Scope of Work, and Exhibit B, Pricing Sheet attached hereto and incorporated herein as though set forth in full. 2. Purchase/Installation Price. The Purchase and Installation price which City agrees to pay to Vendor for the Equipment, Installation and Software is Fifty Two Thousand, Four Hundred and Twenty Nine Dollars and Fifteen Cents ($52,429.15). The Purchase price is final and shall be paid by City to Vendor in accordance with Exhibit B. Within thirty (30) days of receipt of an invoice, Vendor shall be paid thirty-three percent (33%) of the total purchase price upon mutual execution of this Agreement, thirty-three percent (33%) of the total purchase price upon delivery, fob destination, of all Hardware in apparently undamaged condition, and nineteen percent (19%) of the total purchase price upon successful completion of installation acceptance testing, as required in Section 3, below. The City shall retain the balance of the total purchase until the System has performed for not less than thirty days in complete conformance with the Scope of Work, Exhibit A. The City Manager is authorized to approve additional work up to ten percent (1 0%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by City Council. 3. Scope of Work. Vendor shall provide the Equipment and install the Software as described in the Scope of Work attached hereto and incorporated herein as Exhibit A ("Work"). Vendor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and the materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. When complete, the System shall perform as described in the Scope of Work. The equipment and software comprising the System shall include all equipment, software and related materials listed in the Pricing Sheet allached hereto and incorporated herein as Exhibit B. Training and all other deliverables to be provided hereunder are also set forth in Exhibit A. Prior to acceptance of the System by the City, the Vendor shall successfully complete acceptance testing, as specified in the Scope of Work. 4. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 1 Updated a. Authoritv and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title. License and Operatinq Condition. Vendor has good and marketable title to, and the legal right to fully convey ownership of, all of the Equipment and Software. All of the Equipment and Software Modules are free and clear of any restrictions on or conditions to transfer, license or assignment, and, excepting the Software which is licensed to City pursuant to Exhibit C, "Crossroads Software License Agreement", and any third party licensed software, City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions exceptfor such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use in preparing handheld DUI and Collision reports and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 6. Citv Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 7. Time of Deliverv. on or before March 1, 2008. The date and time of delivery of the Equipment shall be 8. Place of Deliverv. The Equipment shall be delivered to this location: Temecula Police Department, 30755-A Auld Road, Murrieta, CA 92563. 9. Reiection. In the event of such notice of non-conformity by City pursuant to Section 6, City may, at its option, (1) rejectthe whole of the Equipment and Installation, (2) accept C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 2 Updated the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 10. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. I n the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 11. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, District and/or Agency its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, defense costs, expenses and liability of any kind or nature which the City, District, and/or Agency its officers, officials, employees, agents 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 12. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Equipment Description and/or Scope of Work allached hereto as Exhibit A; (2) Pricing Sheet allached hereto as Exhibit B (3) Crossroads Software License Agreement allached hereto as Exhibit C. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. 13. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by wrillen notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with wrillen notice of the default. The Vendor 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 the Vendor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 3 Updated 14. Insurance Requirements. Vendor 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 Vendor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liabilityform No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form number CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Vendor owns no automobiles, a non-owned auto endorsementto 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 Vendor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Vendor shall execute a declaration that it has not employees. b. Minimum Limits of Insurance. Vendor shall maintain limits no less than: (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 project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million ($1 ,000,000) per accident for bodily injury and property damage. (3) Workers Compensation: as required by the State of California; Employers Liability: One million ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 4 Updated Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. (3) Anyfailure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Vendor'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 wrillen notice to the City. (6) If insurance coverage is canceled or, reduced in coverage or in limits the Vendor 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's rating of no less than AVII, unless otherwise acceptable to the City. f. Verification of Coveraqe. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya 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 Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 15. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 16. Leqal Responsibilities. The Vendor shall keep itself informed of State and Federal 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 Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure of the Vendor to comply with this section. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 5 Updated 17. Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. Independent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor 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 of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liabilitywhatever against the City, or bind the City in any manner. 19. Assiqnment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 20. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City via U.S. Mail: City of Temecula POBox 9033 Temecula, CA 92589-9033 To City via Courier Service: 43200 Business Park Drive Temecula, California 92590 Alln: City Manager To Vendor: Crossroads Software, Inc. 210 W. Birch Street, #207 Brea, CA 92821 Alln: Jeff Cullen 21. Governinq Law. The City and Vendor 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 geographical jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 6 Updated other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 22. Entire Aqreement: Modification: Waiver. 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 wrillen, are merged 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. No supplement, modification or amendment of this Agreement or the Contract documents shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement or the Contract documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 23. Authoritv To Execute This Aqreement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 7 Updated IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in on the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Vendor Crossroads Software, Inc. 210 W. Birch Street, #207 Brea, CA 92821 Attn: Jeff Cullen Phone: (714) 990-6433 By: Name: Title: By: Name: Title: Two Signatures Required for Corporations C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8 8/22/07 Updated EXHIBIT A HANDHELD COLLISION REPORT SYSTEM / HANDHELD DUI REPORT SYSTEM SCOPE OF WORK Crossroads Software, Inc. will provide a complete Handheld Collision and DUI Reporting System to the City of Temecula. This System will include software for electronic traffic collision reporting, and DUI reporting in a modular design to allow for future upgrades and modifications, and additional features. Crossroads Software, Inc. is thoroughly commilled to providing a user-friendly system that will improve traffic collision writing and DUI reporting in the City of Temecula by automating the writing process. This Handheld System also improves efficiency, expedites data entry and records management, and enhances data accuracy by reducing data-input errors. With the Handheld Collision and DUI System, the City of Temecula will be able to move from traditional, paper-based methods of writing citations to a fully electronic method that will increase productivity and enforcement time and allow officers to focus more on traffic enforcement, prevention, and problem analysis. In addition, the Handheld Collision and DUI System integrates fully with the Crossroads Software Collision Database, which the City is currently using. I. Handheld Collision and DUI Reporting The Handheld Collision Reporting Module and the Handheld DUI Report Module are modules that, like the Handheld Citation System, are based in a .NET framework, that operate on Pocket PC handheld devices, and that can offload data to external records management databases. These modules, integrate completely with the Handheld Citation System. In addition, the Handheld Collision Reporting Module integrates completely with the Crossroads Collision Database System, currently in use by the Temecula Police Department and the City of Temecula Traffic Engineering Department. Collision Report Software The Handheld Collision Report Writing System includes a complete Collision Report/555 Module that allows officers to write collision reports that conform to the standard 555 data element requirements. Like the Citation Module, the Collision Report/555 Module has a variety of user- friendly, efficient features, including drop-down lists, navigation menus, checklists, and other options, including a special navigation system that allows the user to select the number of vehicles, passengers, and witnesses and to open and edit the sections for each one. The Collision Report/555 Module captures, among other elements, vehicle and party information, scene information, movement preceding collision, sobriety data, driver and passenger information, driver license data, as well as all data for pedestrians, bicyclists, and witnesses. In addition, the Collision Report/555 Module integrates with the Citation Module; users can produce corresponding citations if and when a particular collision scene requires them. Collision reports are taken on the handheld unit and then synced with the Desktop Module, where the data can then be transferred to records management systems for storing, editing, reviewing, and traffic collision analysis. Like the Handheld Citation System, the Collision/555 Module is compatible with the Crossroads Traffic Collision Database for detailed analysis of traffic records. DUI Arrest Report Software This full-featured DUI Arrest Report Module allows users to conduct standard DUI tests and write C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 9 Updated 8/22/07 complete DUI reports. All of the user-friendly features of the Citation Module are available in the DUI Module: navigation menus and buttons, drop-down lists, check-boxes, and similar features. The DUI System allows interviewing, standard field-sobriety tests (Walk and Turn, One Leg Stand, Romberg Balance, and so on), Preliminary Alcohol Screen Device test, and Blood Alcohol Content test information. It also allows input of violator and vehicle information, event information, observations, violations, witnesses, and other relevant data. DUI arrest reports can be synced with a department desktop workstation. II. Database Management At the end of a shift, officers simply sync the handheld device to a desktop workstation to offload the records. The methodology for offloading the data is simple and direct: users just place the data storage card from the handheld device (typically, an SD card) into a card reader that is connected to a department workstation. Then using the Crossroads Sync Software and the Desktop Module, users transfer the records with a few clicks of the mouse. The sync process is automated. The System can export all collected data into a wide variety of electronic formats. Modifvinq Data Lists Because laws and procedures change, the City of Temecula might need to make specific changes to the Handheld System. The System provides the abilityto change and update specific data lists. For example, the lists of violation codes and descriptions can be changed and updated when necessary. Administrators simply enter the System's desktop application, modify the pre-configured violations list, and then sync the handheld devices to update them. Inteqration with the Crossroads Traffic Collision Database Svstem The Handheld Citation System integrates completely with the Crossroads Traffic Collision Database System. This Database System offers additional analysis, GIS mapping, and reporting capabilities. It is a full-featured data records management, analysis, and reporting tool. Secu ritv Within the Desktop Module, access to data can be secured via usernames and passwords, and various levels of access and various features can be assigned to different types of users. Form Chanqes The entire Handheld System has a modular, flexible design, so that changes to the forms can be made by Crossroads Software, Inc. when necessary. Modifications can be made both to the layout of the form and to the data requirements. III. Handheld System Hardware Description The Crossroads Handheld Citation System operates on electronic handheld computers (also known as Personal Digital Assistants, or PDAs) and portable printers. All of the hardware components, including printers, printer paper, memory storage cards, mag-stripe readers, and other peripherals can be supplied by Crossroads Software, Inc. Svstem Requirements for Desktop Svncinq and Database Manaqement For the syncing application and records management, the System employs a handheld syncing interface program and the Desktop Module. These programs require a desktop workstation running Microsoft Windows 98, NT, 2000, or XP. Minimum system requirements are a 500 MB hard drive, C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 10 Updated 8/22/07 128 MB of RAM, a 600 MHz processor or beller, and a CD-ROM drive. IV. Training, Support, and Documentation Crossroads Software, Inc. offers complete "hands-on" training in Collision and DUI writing, printing, syncing, and data transfer. Crossroads Software, Inc. will also provide the city with multiple copies of a detailed user's manual. Support, maintenance, and upgrades for additional years are available for an annual fee. The Handheld System and the Desktop Module have an "auto-update" feature that facilitates updating to the latest versions of the handheld and desktop programs. Updates will be thoroughly tested by Crossroads staff prior to delivery to the City of Temecula, and Crossroads Software, Inc. will notify the City of upgrades via email and/or telephone contact. Standard technical support consists of telephone, email, and online support. V. Acceptance Testing Crossroads Software, Inc. shall perform testing of the System, individually and as an integrated system, pursuant to an agreed upon schedule and utilizing a testing protocol acceptable to the City. The testing protocol shall demonstrate that each component of the System, and the entire System, performs as specified in this Scope of Work/System Description. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 11 Updated EXHIBIT B PRICING SHEET DESCRIPTION UNIT UNIT PRICE QUANTITY EXTENDED PRICE Collision Report Software For Crossroads $15,000.00 1 $15,000.00 Handheld Citation Software DUI Reporting Software for Crossroads $15,000.00 1 $15,000.00 Handheld Citation Software Handheld Devices - rugged yet HP HX2400 $399.00 15 $5,985.00 compact PDAs Handheld Handheld Auto Adapter/Charger HP Charger $30.00 15 $450.00 Rugged Handheld Case Ollerbox $100.00 15 $1,500.00 128MB Secure Memory Cards for Basic SD Card $25.00 15 $375.00 Handheld Bluetooth Printer with Integral Zebra RW 420 $695.00 15 $10,425.00 Mag Stripe Reader Printer Car Charger Zebra $81.00 15 $1,215.00 Printer Wall Charger Zebra $54.00 15 $810.00 Printer Paper per roll (50 $4.00 216 $864.00 cites/roll)(36 rolls/case) Installation (include travel costs, if Crossroads Included 1 Included any) Training (include travel costs, if Crossroads Included 1 Included any) SUBTOTAL $51,624.00 SALES TAX $805.15 LABOR $0 TOTAL PRICE $52,429.15 PAYMENT SCHEDULE % of Total 33% 33% 19% 15% Amount $17,301.62 $17,301.62 $9,961.54 $7,864.37 C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 12 Updated EXHIBIT C CROSSROADS SOFTWARE LICENSE AGREEMENT The software accompanying this License, whether on disk, in read only memory, or on any other media (the "Software") and related documentation are licensed by Vendor, Crossroads Software, Incorporated. City owns the disk on which the Software is recorded and Crossroads Software retains title to the software and related documentation. This License allows City to use the Software on multiple computers located in a single office or department within a contiguous site (or multiple offices, departments and sites) as further described in City's purchase agreement, purchase order and/or contract. It also entitles the holder one copy of the Software in machine-readable form for backup purposes only. City must reproduce a copy the Crossroads Software copyright notice and any other proprietary legends that were on the original copies of the Software. City may also transfer all its license rights in the Software to another party, provided the other party reads and agrees to accept the terms and conditions of this license. The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them City may not decompile, reverse engineer, disassemble or otherwise reduce the Software to human-perceivable form. City may not modify, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. This license is effective until terminated. City may terminate this license at any time by destroying the Software and related documentation and all copies thereof. This license will terminate immediately without notice from Crossroads Software if City fails to comply with any provisions of this license. Upon termination City must destroy the Software and related documentation and all copies thereof. This Software is protected by United States Copyright Law and international treaty provisions. This license agreement shall be construed, interpreted and governed by the laws of the State of California. If requested by the City, Crossroads Software enter into an agreement whereby Crossroads Software shall deposit, and thereafter regularly update, the source code to the Software, with a reputable software escrow company. City shall pay for such escrow service, and shall be entitled to access the source code in the event Crossroads Software ever ceases to maintain the Software at a fair market rate, provided the City is not then in breach of this License. (Copyright 1992-2006) C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 13 Updated C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863611.doc 8/22/07 14 Updated ITEM NO.7 Approvals City Attorney Director of Finance City Manager ::r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 27, 2007 SUBJECT: Declaration Terminating the Local State of Emergency PREPARED BY: Jason P. Simpson, Assistant Director of Finance RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE TERMINATION OF THE LOCAL STATE OF EMERGENCY THAT HAD BEEN DECLARED ON OCTOBER 23,2007 BY RESOLUTION NO. 07-91 BACKGROUND: On October 23, 2007, the City Council of the City of Temecula approved Resolution 07-91 declaring the existence of a local emergency under existing state and local laws. This action allowed City staff to respond to and provide necessary emergency resources to address the debris and damage from the winds and to obtain and provide resources and shelter to the people evacuated from the major fire areas until the wind damage and fire damage issues could be mitigated and until it was safe to allow people to return. The City of Temecula was recently affected by the most devastating fires in San Diego County and Orange County. There were 11 major fires ignited throughout Southern California which required substantial resources and assets from all levels of government to respond to and mitigate and which subsequently required Fire and Police personnel to initiate massive evacuations (500,000 plus) of these areas in order to protect persons and property. As a result, the City of Temecula was designated as a key location for receiving evacuees for temporary shelter, water, food, supplies and clothing. At the time of this writing, the fires are 100% contained in the region and the conditions of extreme peril to the safety of persons and property within the City and surrounding areas that existed due to the severely high and damaging winds and wild fires have subsided. As such, staff is recommending that the local state of emergency be terminated. FISCAL IMPACT: ATTACHMENTS: None. Resolution 07- RESOLUTION NO. 07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE TERMINATION OF THE LOCAL STATE OF EMERGENCY THAT HAD BEEN DECLARED ON OCTOBER 23, 2007 BY RESOLUTION NO. 07 -91 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On October 23, 2006, the City Council duly adopted Resolution No. 07-91 entitled: "A Resolution of the City Council of the City of Temecula Declaring the Existence of a Local Emergency Under Government Code Section 8630 and Chapter 2.56 of the Temecula Municipal Code" ("Resolution No. 07-91 "). Section 2. Pursuant to Resolution No. 07-91, the Council found that beginning on October 20, 2007, conditions of extreme peril to the safety of persons and property within the City and surrounding areas existed due to the severely high and damaging winds and wild fires, that the high winds and wildfires also resulted in an unprecedented number of evacuees occupying the designated shelters within the City of Temecula and made certain other findings concerning the emergency. Section 3. On November 6, 2007, the City Council, by minute order, reviewed the necessity for continuing the local emergency and determined that it should continue at least through its next regular meeting of November 27, 2007. Section 4. The severe high winds and wild fires as well as the need for shelters in the City of Temecula have subsided. Section 5. Termination of Local Emergency. The City Council hereby terminates the local emergency declared by Resolution No. 07-91 as of November 27, 2007. Section 6. Certification. The City Clerk shall certify this Resolution in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of November, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of November, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM NO.8 Approvals City Attorney Director of Finance City Manager ~ 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 27, 2007 SUBJECT: Purchase and Sale Agreement for certain property rights on property located at 44975 Trotsdale Drive, Temecula PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Carol A. Chiodo, Property Agent RECOMMENDATION: That the City Council: 1. Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Mike and Beverly Siow, for the purchase of an approximate 2,847 square foot permanent easement on property located at 44975 Trotsdale, Temecula (APN 961-042-004) for the widening of Pechanga Parkway at a purchase price of $9,000 plus escrow fees. 2. Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $9,000 to cover the cost of the easement plus the associated escrow fees not to exceed $1,500.00, approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. BACKGROUND: The Pechanga Parkway Improvement project is included in the Capital Improvement Program for Fiscal Years 2008-2012. The scope of work includes the construction of Pechanga Parkway to its ultimate full width from Temecula Parkway to Deer Hollow Way. Full width is 134 feet from south of Pechanga Parkway Bridge to Via Gilberto, and 110 feet from Via Gilberto to Deer Hollow Road. Additional right-of-way is needed in isolated locations to accommodate the planned improvements. On June 12, 2007 the City Council set just compensation for the Siow property interests and authorized the Director of Public Works to make offers and negotiate the acquisition of the required property rights for the construction of the Pechanga Parkway improvements. The City delivered the original offer on June 15, 2007 to Mike and Beverly Siow. The offer was for the purchase of an approximate 2,847 square foot permanent easement for the public use, namely street purposes and all uses necessary or convenient thereto, on real property commonly know as 44975 Trotsdale, Temecula, California and identified as Riverside County Tax Assessor's Parcel Number 961-042- 004. The negotiations have successfully concluded and the attached Purchase and Sale Agreement describes the details of the acquisition. The purchase amount of $9,000 is the amount the City Council previously authorized for these property interests. FISCAL IMPACT: The Pechanga Parkway improvement project is funded with several different funding sources including AD 159, CFD - Wolf Creek, DIF - Streets, a Public Lands and Highways grant, and a Pechanga Tribal Contribution. Adequate funds for this acquisition are available in project account, Account No. 210.165.668. ATTACHMENTS: Purchase and Sale Agreement PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND MIKE AND BEVERLY SlOW (2,847 SQUARE FOOT PERMANENT EASEMENT - ASSESSOR'S PARCEL NUMBER 961-042-004 THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of November 7, 2007 ("Effective Date") by and between MIKE AND BEVERLY SlOW ("Seller"), and the CITY OF TEMECULA, a municipal corporation ("City"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Company ("Escrow Holder"). RECITALS A. Seller is the sole fee owner and resident of the property commonly known as 44975 Trotsdale Drive, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 961-042-004 ("Larger Parcel"). The Larger Parcel is improved with a single-family residence and is approximately 13,178 gross square feet in size (8,195 square feet in size, net of the existing drainage easement). B. The City wishes to purchase and Seller desires to grant to the City 2,847 square foot permanent easement ("Property") for public purposes, namely public street purposes and all uses necessary or convenient thereto in connection with the City's proposed improvements to and widening ofPechanga Parkway. The 2,847 square foot Easement is described more particularly in Exhibit "A" hereto and depicted on Exhibit "B" hereto. Exhibits "A" and "B" are incorporated in this Agreement by this reference. C. On the City Council approved a settlement of $9,000 (Nine Thousand Dollars) for the Easement. D. Seller desires to sell and the City desires to buy.the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing Recitals and terms and conditions set forth below, which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purchase and Sale. On the Close of Escrow (as defined below), Seller agrees to grant the Property to the City, and the City agrees to acquire the Property from Seller, on the terms and conditions set forth below. t 1086\0627\957223-Sweall.LoVYom -1- 2. Oneninl! and Closinl! of Escrow. Within ten (10) days after the Effective Date of this Agreement, City shall deliver a fully-executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, "Opening of Escrow" shall mean the date on which Escrow Holder receives a fully executed copy of this Agreement. The ~'Close of Escrow" shall be the date that Grant of Easement and Grant Deed for the Property in favor ofthe City are recorded in the Official Records of the Riverside County Recorder's Office. The Close of Escrow shall occur after the performance of all.duties and obligations under this Agreement. The Close of Escrow shall be on the date that is not later than the first business day occurring thirty (30) days after the Agreement has been approved by the City Councilor when fully executed documents have been received by Seller, if this date occurs after City Council approval. Before the Close of Escrow, Seller shall solely bear all risk ofloss and damage to the Property from any source whatsoever. 3. Purchase Price and Additional Consideration. The total Purchase Price to be paid by the City for the Property is the sum of $9,000.00 (Nine Thousand Dollars) ("Purchase Price"), which sum shall be paid to Seller in full in cash on the Close of Escrow. No allempt has been made to assign value to any lesser interest in the Property, including any leasehold estate. The Purchase Price, therefore, is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller shall be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall obtain and issue a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to the City and Seller. The City's easement interests to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of Title Insurance provided for pursuant to this Section shall insure the City's easement interests in the Property free and clear of all liens, encumbrances, and restrictions, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. Real property taxes for the then current tax fiscal year, which are a lien not then due and payable; b. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and c. The non-monetary exceptions approved by the City within fifteen (15) business days after the date the City receives from Escrow Holder the title commitment and legible copies of all instruments noted as exceptions therein. If the City t t086\0627\957223-Sweatt.Lovvom -2- unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to the City (less the City's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. Ifthe City conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, the City may, at its option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less the City's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, the City's interests in the Property shall be free and clear of all monetary encumbrances. 5. Grant of Easement. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant of Easement for the 2,710 square foot Easement duly executed and acknowledged by Seller, granting to the City the permanent easement interest in the Property. The Grant of Easement shall be in a form provided by the City and shall be approved by the City prior to recording. The Easement granted shall be nonexclusive and shall be consistent with this Agreement. 6. Authorization to Record Documents and Disburse Funds, Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each ofthe following conditions has then been fulfilled: a. Escrow Holder can issue in favor of the City the Policy, showing the City's interests in the Property vested in the City subject only to the Permitted Title Exceptions; b. Escrow Holder shall have received the City's notice of approval or satisfaction or waiver of all of the contingencies to the City's obligations hereunder, as provided for in Section 13; and c. Seller shall have deposited with Escrow Holder the Grant of Easement required by Section 5. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant of Easement. 7. ;Escrow Chames and Prorations. The City shall pay the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. The City shall pay any fees or costs relating to recording of the Grant of Easement with the Recorder's Office of 11086\0627\957223-Sweatt.Lovvom -3- the County of Riverside. City shall pay any documentary or other local transfer taxes, and any other recording fees. Taxes, assessments, penalties, interest charges, and delinquency charges of every kind levied upon or assessed against the Property, except as otherwise expressly set forth herein, shall be paid by Seller through Escrow to the Close of Escrow. If the Escrow shall fail to close through no fault of either party or the fault of the City, the City shall pay all Escrow cancellation charges. 8. Warranties and Reoresentations of Seller. Seller hereby represents and/or warrants to the City the following, it being expressly understood and agreed that all such representations and/or warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Seller hereby represents to the best of Seller's knowledge that (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including envirorunental, health and safety requirements; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of envirorunental, health or safety statutes, ordinance or regulations. b. Seller hereby warrants and represents that neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to the City, shall at Close of Escrow violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale ofthe Property herein contemplated does not require the consent of any party not a signatory hereto. c. Seller hereby warrants and represents that there are no mechanics', materialmen's or similar claims or liens presently claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold the City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow by or on behalf of Seller. d. Seller hereby warrants and represents that there are no written or oral leases or contractual right or option to rent, lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons other than Seller has any right of possession to the Property or any part thereof. e. Seller hereby warrants and represents that Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that is in any way related to the Property. f. Seller hereby represents that to the best of Seller's knowledge, Seller is the sole owner of the Property, free and clear of all liens, encumbrances, 11086\0627\957223-Sweatt.Lovvom -4- easements, encroachments from adjacent properties, or rights of way of any nature, other than those that may appear of record in the official records of the Office of the Recorder, County of Riverside. 9. Reoresentations and Warranties of City. City hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. City has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. c. City has obligation to maintain the property rights acquired in this Agreement. 10. Full Payment of Oblil!:ations of City. a. It is understood and agreed between Seller and the City that the payments made to Seller as set forth in this Agreement represent an all-inclusive settlement and is full and complete payment of compensation for the acquisition of the interests pertaining to the Property and includes and satisfies any and all other payments, if any, that may be required by law to be paid to Seller arising out of the acquisition of the Property and displacement of the Seller and all persons residing on the Property, and specifically includes, but is not limited to, just compensation for the Property, including, but are not limited to, claims for severance and other damages, attorney's fees, interest, expenses oflitigation, expert's fees, precondemnation damages, inverse condemnation, or any other damages of every kind and nature suffered or to be suffered by Seller by reason of the City's acquisition of the easements comprising the Property or the Project for which the City is acquiring the Property. 11. Releases. a. This Agreement is a voluntary agreement and Seller, on behalf of itself and its heirs, successors and assigns, hereby fully releases the City, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of the City's efforts to acquire the Property or any pr('l;m;n~ry steps thereto. Seller further releases and agrees to hold the City harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. b. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, 11086\0627\957223-Sweall.LoVYom -5- costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon ih light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Seller's Initials City's Initials c. This Section 12 shall survive the Close of Escrow. 12. City's Continl!encies and Satisfaction. For the benefit of the City, the Closing of Escrow and the City's obligation to consummate the acquisition of the Property shall be contingent upon and subject to the occurrence of all of the following (or the City's written waiver thereof, it being agreed that the City can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The deposit with Escrow Holder of the Grant of Easement pursuant to Section 5 above. c. Escrow Holder's commitment to issue in favor of the City of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing the City's interests in the Property subject only to the Permitted Title Exceptions. d. The City's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that the City might perform prior to the Close of Escrow. 13. Certification ofNon-Foreil!n Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. t 1086\0627\957223-Sweatt.Lovvom -6- 14. Default. In the event of a breach or default under this Agreement by either the City or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if the City is the non-defaulting party, the City shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non- defaulting PartY shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 15. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (I) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party. The parties agree, however, that if any party gives notice in writing of a change of name or address to the other party, notices to such party shall thereafter be given as demanded in that notice: CITY: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Shawn Nelson, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SELLER: Mike and Beverly Siow 7220 El Fuerte Street Carlsbad, CA 92009-6516 ESCROW HOLDER: First American Title Company 3625 14th Street Riverside, CA 92501 Attn: Debra Dunn, Escrow Officer Tel. No. (951) 787-1757 Fax No. (866) 558-2890 11086\0627\957223-Sweatt.LoYVom -7- 16. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by the City and Seller and deposited with Escrow Holder. 18. Miscellaneous. a. Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between the City and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein shall be valid or binding on Seller or the City. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of anyone or more remedies shall not constitute a waiver of the right to pursue other available remedies. f. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their legal counsel review and revise this agreement and that any rule of construction to the effect 11086\0627\957223-Sweall.Lowom -8- that ambiguities are to be resolved against the drafting party shall not apply in the interpretation oftbis Agreement or any amendments or Exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections oftbis Agreement are for convenience and reference only, and the words contained therein shaH in no way be held to explain, modifY, amplifY or aid in the interpretation, construction or meaning of the provisions of this Agreement. 19. Attornevs' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of tbis Agreement or because of a breach of this Agreement by the other party, the prevailing party shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assilmment. The City may assigu its rights under this Agreement or may designate a nominee to acquire the Property, provided, however, that any such assignment or desiguation shall not relieve the City of any of its obligations under this Agreement. 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Sections 8, 9, 10, 11, and 12 hereof, and the City and Seller release Escrow Holder from liability or obligation as to Sections 8, 9, 10, 11, and 12 hereof. 11086\0627\957223-Sweatt.Lovvorn -9- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER Mike Siow Beverly Siow CITY OF TEMECULA, a municipal corporation: Chuck Washington, Mayor ATTEST: Susan Jones, City Clerk Approved as to Form: Peter Thorsen, City Attorney 11086\0627\957223-Sweatt.Lovvorn -10- EXHIBIT "A" Being a portion of Lot 4 of Tract No. 21067, in the City ofTemecula, County of Riverside, State of California, as filed in Book 23 1, Pages 41 through 48, of Maps in the office of the County Recorder of said County, being more particularly described as follows: BEGINNING at the southeasterly lot corner of said Lot 4, said corner being distant 55.00 feet measured at a right angle to the centerline of Jedediah Smith Road, said point also being on a 1,945.00 foot radius curve concave northeasterly, from which the radius point bears North 430 11' 27" East; thence northwesterly, 147.19 feet along the arc of said 1,945.00 foot radius curve, having a Central Angle of 40 20' 09", along the northeasterly right-of-way line of Jedediah Smith Road and southwesterly lot line of said Lot 4, being parallel and distant 55.00 feet measured at a right angle from the said centerline, to the southwesterly lot comer of said Lot 4; thence North 320 01' 32" East a distance of 16.03 feet along the northwesterly lot line of said Lot 4 to a point being distant 79.00 feet measured at a right angle from the centerline ofPechanga Parkway (formerly known as Pala Road); thence South 470 44' 36" East a distance of 131.64 feet, said course being parallel and distant 79.00 feet measured at a right angle from the centerline ofPechanga Parkway (formerly known as Pala Road), to a point in the easterly lot line of said Lot 4; thence South 040 54' 45" West along said lot line a distance of29.86 feet to the PULL\>. OF BE"'LL H.J.l {G. Contains 2,847 square feet, more or less. See EXHIBIT "B", attached. EXHIBIT CURVE DATA TABLE ~o RADIUS DELTA LENGTH ITANGENT CD 1945.00' 4'20'09" 147.19' 73.63' CV 330.00' 9' 01' 41" 52.00' 26.05' ,~ ".~~ 4' , V... ,,9",.>.', <>i A' 9"9":,'A ~~'<6',:<T~ "~"~" ~ ~o1~',,",~~ ",t/~~'>J" ",1t '(/- A" '-.J L\ P-t A" ,~r.O ~., "'~',', ".tf. <$'0... ';fji'.>' '() " "'10 'Y" ~p:~, ......~1' POINT OF BEGIN ,,~ ~ '...:: 212 ~ v~ " v ~'a ,,~ v. " ~ '<.\.. '" _~A~ NOTE: LOT DIMENSIONS SHOWN PER TRACT NO. 21067 M.B, 231 / 41 - 48. 4 /.1' ~ 1& 1'/ ~ ~ ~ ~ '"1;- (~ ~ it --0- J. SCALE: 30' )11= 4 ~ .t:> ,,'}" ~ liB <v , 1 ;;'1 . 1 <:>1 II ".,/~ ^">'1~ ~/~ /"C I ; / LOT 4 TRACT NO, 21067 M.B. 231 / 41-48 J' 9"? 9"9", ..t (5'" I\t <v, , 1 (j!{1 'I :!i .1 ~/';; 'V/~ ~/~ 1 o o o o '" ;0, I~ <r '" . <r c> v> '<, , / >0/ , / .,'/ ~/~ _, /:-..."'f ~/~ (~ I I \ / / / j PREPARED BY: DMI\II Dan let. Mann.. JOhnson r. Mendenho II 999 Town & country Rood Orange. California 92868 . (114) 245-9660 ITEM NO, 9 Approvals City Attorney Director of Finance City Manager ~ 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 27, 2007 SUBJECT: Purchase and Sale Agreement for certain property rights on property located at 45009 Muirfield Drive, Temecula PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Carol A. Chiodo, Property Agent RECOMMENDATION: That the City Council: 1. Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of T emecula and Stephen Sweatt and Andrea Lovvorn, for the purchase of an approximate 2,710 square foot permanent easement and 333 square feet to be acquired in fee on property located at 45009 Muirfield Drive, Temecula (APN 961-042-001) for the widening of Pechanga Parkway at a purchase price of $12,000 plus escrow fees. 2. Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $12,000 to cover the cost of the easements plus the associated escrow fees not to exceed $2,000.00., approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. BACKGROUND: The Pechanga Parkway Improvement project is included in the Capital Improvement Program for Fiscal Years 2008-2012. The scope of work includes the construction of Pechanga Parkway to its ultimate full width from Temecula Parkway to Deer Hollow Way. Full width is 134 feet from south of Pechanga Parkway Bridge to Via Gilberto, and 110 feet from Via Gilberto to Deer Hollow Road. Additional right-of-way is needed in isolated locations to accommodate the planned improvements. On June 12, 2007 the City Council set just compensation for the needed Sweatt/Loworn property interests and authorized the Director of Public Works to make offers and negotiate the acquisition of required property rights for the construction of the Pechanga Parkway improvements. The City delivered the original offer on June 15, 2007 to Stephen Sweatt and Andrea Lovvorn. The offer was for the purchase of an approximate 2,710 square foot permanent easement and 333 square feet in fee for the public use, namely street purposes and all uses necessary or convenient thereto on real property, commonly know as 45009 Muirfield Drive, Temecula, California and identified as Riverside County Tax Assessor's Parcel Number 961-042-001. The negotiations have successfully concluded and the attached Purchase and Sale Agreement describes the details of the acquisition of the required property interests to construct the Pechanga Parkway improvements. The purchase amount of $12,000 is the amount the City Council previously authorized for these property interests. FISCAL IMPACT: The Pechanga Parkway improvement project is funded with several different funding sources including AD 159, CFD - Wolf Creek, DIF - Streets, a Public Lands and Highways grant, and a Pechanga Tribal Contribution. Adequate funds for this acquisition are available in project account, Account No. 210.165.668. ATTACHMENTS: Purchase and Sale Agreement PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND STEPHEN SWEATT AND ANDREA LOVVORN (2,710 SQUARE FOOT PERMANENT EASEMENT AND 333 SQUARE FEET IN FEE - ASSESSOR'S PARCEL NUMBER 961-042-001) THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of November 7,2007 ("Effective Date") by and between Stephen Sweatt and Andrea Lovvorn ("SeHer"), and the CITY OF TEMECULA, a municipal corporation ("City"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Company ("Escrow Holder"). RECITALS A. Seller is the sole fee owner and resident of the property commonly known as 45009 Muirfield Drive, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 961-042-001 ("Larger Parcel"). The Larger Parcel is improved with a single-family residence and is approximately 9,450 gross square feet in size (6,108 square feet in size, net of the existing drainage easement). B. The City wishes to purchase and SeHer desires to grant to the City 2,710 square foot permanent easement ("Property")for public purposes and 333 square feet in fee, namely public street purposes imd all uses necessary or convenient thereto in connection with the City's proposed improvements to and widening ofPechanga Parkway. The 2,710 square foot Easement is described more particularly in Exhibit "A" hereto and depicted on Exhibit "B" hereto and the 333 square feet in fee is more particularly described on Exhibits "A-I" and "B-1". Exhibits "A" thru "B-1" are incorporated in this Agreement by this reference. C. On the City Council approved a settlement of Twelve Thousand DoHars ($12,000) for both the Easement and the fee interest. D. Seller desires to sell and the City desires to buy the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing Recitals and terms and conditions set forth below, which are incorporated herein by this rdC.HOUce, the parties hereto agree as follows: II086\0627\957223-Sweatt.Lovvom -1- 1. Purchase and Sale. On the Close of Escrow (as defined below), Seller agrees to grant the Property to the City, and the City agrees to acquire the Property from Seller, on the terms and conditions set forth below. 2. Oneninl! and Closinl! of Escrow. Within ten (10) days after the Effective Date ofthis Agreement, City shall deliver a fully-executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, "Opening of Escrow" shall mean the date on which Escrow Holder receives a fully executed copy of this Agreement. The "Close of Escrow" shall be the date that Grant of Easement and Grant Deed for the Property in favor of the City are recorded in the Official Records of the Riverside County Recorder's Office. The Close of Escrow shall occur after the performance of all duties and obligations under this Agreement. The Close of Escrow shall be on the date that is not later than the first business day occurring thirty (30) days after the Agreement has been approved by the City Council or when fully executed documents have been received by SeHer, if this date occurs after City Council approval. Before the Close of Escrow, SeHer shall solely bear all risk of loss and damage to the Property from any source whatsoever. 3. Purchase Price and Additional Consideration. The total Purchase Price to be paid by the City for the Property is the sum of $12,000.00 (Twelve Thousand Dollars) ("Purchase Price"), which sum shall be paid to Seller in full in cash on the Close of Escrow. No attempt has been made to assign value to any lesser interest in the Property, including any leasehold estate. The Purchase Price, therefore, is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller shall be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall obtain and issue a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to the City and Seller. The City's easement interests to the Property shall be insured at the Close of Escrow by a CL T A Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of Title Insurance provided for pursuant to this Section shall insure the City's easement interests in the Property free and clear of all liens, encumbrances, and restrictions, subject only to the following permitted conditions oftitle ("Permitted Title Exceptions"): a. Real property taxes for the then current tax fiscal year, which are a lien not then due and payable; 11086\0627\957223-Sweatt.Lovvom -2- b. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and c. The non-monetary exceptions approved by the City within fifteen (15) business days after the date the City receives from Escrow Holder the title commitment and legible copies of all instruments noted as exceptions therein. If the City unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to the City (less the City's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If the City conditionally disapproves any such exceptions, then Seller shall use SeHer's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, the City may, at its option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less the City's share of escrow canceHation charges), if any, and this Agreement shaH thereupon be of no further force or effect. At the Close of Escrow, the City's interests in the Property shall be free and clear of all monetary encumbrances. 5. Grant of Easement and Grant Deed. SeHer covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant of Easement for the 2,710 square foot Easement duly executed and acknowledged by SeHer, granting to the City" the permanent easement interest in the Property and a Grant Deed for the 333 square feet in fee. The Grant of Easement and Grant Deed shall be in a form provided by the City and shall be approved by the City prior to recording. The Easement granted shall be nonexclusive and shall be consistent with this Agreement. 6. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each ofthe following conditions has then been fulfilled: a. Escrow Holder can issue in favor of the City the Policy, showing the City's interests in the Property vested in the City subject only to the Permitted Title Exceptions; b. Escrow Holder shall have received the City's notice of approval or satisfaction or waiver of all of the contingencies to the City's obligations hereunder, as provided for in Section 13; and c. Seller shall have deposited with Escrow Holder the Grant of Easement required by Section 5. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant of Easement. lI086\0627\957223-Sweatt.Lovvom -3- 7. Escrow Char!!es and Prorations. The City shall pay the cost of the CL T A Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. The City shall pay any fees or costs relating to recording ofthe Grant of Easement with the Recorder's Office of the County of Riverside. City shall pay any documentary or other local transfer taxes, and any other recording fees. Taxes, assessments, penalties, interest charges, and delinquency charges of every kind levied upon or assessed against the Property, except as otherwise expressly set forth herein, shall be paid by SeHer through Escrow to the Close of Escrow. If the Escrow shall fail to close through no fault of either party or the fault of the City, the City shall pay all Escrow cancellation charges. 8. Warranties and Renresentations of Seller. Seller hereby represents and/or warrants to the City the foHowing, it being expressly understood and agreed that all such representations and/or warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. SeHer hereby represents to the best of Seller's knowledge that (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. b. SeHer hereby warrants and represents that neither this Agreement nor anything provided to' be done hereunder, including the transfer of the Property to the City, shall at Close of Escrow violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. c. Seller hereby warrants and represents that there are no mechanics' , materialmen's or similar claims or liens presently claimed against the Property for work performed or commenced prior to the date of this Agreement. SeHer agrees to hold the City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow by or on behalf of Seller. d. Seller hereby warrants and represents that there are no written or oral leases or contractual right or option to rent, lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons other than Seller has any right of possession to the Property or any part thereof. 1I086\0627\957223-Sweatt.Lovvorn -4- e. SeHer hereby warrants and represents that Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that is in any way related to the Property. f. Seller hereby represents that to the best of Seller's knowledge, Seller is the sole owner of the Property, free and clear of all liens, encumbrances, easements, encroachments from adjacent properties, or rights of way of any nature, other than those that may appear of record in the official records of the Office of the Recorder, County of Riverside. 9. Reoresentations and Warranties of City. City hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. City has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. c. City has obligation to maintain the property rights acquired in this Agreement. 10. Full Payment of Oblieations of City. a. It is understood and agreed between Seller and the City that the payments made to Seller as set forth in this Agreement represent an aH-inclusive settlement and is full and complete payment of compensation for the acquisition of the interests pertaining to the Property and includes and satisfies any and all other payments, if any, that may be required by law to be paid to Seller arising out of the acquisition of the Property and displacement of the Seller and all persons residing on the Property, and specifically includes, but is not limited to, just compensation for the Property, including, but are not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, or any other damages of every kind and nature suffered or to be suffered by SeHer by reason of the City's acquisition of the easements comprising the Property or the Project for which the City is acquiring the Property. 11. Releases. a. This Agreement is a voluntary agreement and Seller, on behalf of itself and its heirs, successors and assigns, hereby fully releases the City, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of the City's efforts to II086\0627\957223-Sweatt.Lovvom -5- acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold the City harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. b. SeHer acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Seller's Initials City's Initials c. This Section 12 shall survive the Close of Escrow. 12. City's Continl!encies and Satisfaction. For the benefit of the City, the Closing of Escrow and the City's obligation to consununate the acquisition of the Property shall be contingent upon and subject to the occurrence of all of the foHowing (or the City's written waiver thereof, it being agreed that the City can waive any or all such contingencies) on or before the Close of Escrow: a. That as ofthe Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The deposit with Escrow Holder of the Grant of Easement pursuant to Section 5 above. c. Escrow Holder's commitment to issue in favor of the City of a CL T A Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing the City's interests in the Property subject only to the Permitted Title Exceptions. d. The City's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that the City might perform prior to the Close of Escrow. lI086\0627\957223-Sweatt.Lovvom -6- 13. Certification of Nou-Foreil!u Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with LR.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 14. Default. In the event of a breach or default under this Agreement by either the City or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if the City is the non-defaulting party, the City shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non- defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 15. Notices. AH notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (I) business day foHowing deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party.. The parties agree, however, that if any party gives notice in writing of a change of name or address to the other party, notices to such party shall thereafter be given as demanded in that notice: CITY: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Shawn Nelson, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SELLER: Stephen Sweatt and Andrea Lovvorn 45009 Muirfield Temecula, CA 92592-5882 I1086\0627\957223-SweattLovvorn -7- ESCROW HOLDER: First American Title Company 3625 14th Street Riverside, CA 92501 Attn: Debra Dunn, Escrow Officer Tel. No. (951) 787-1757 Fax No. (866) 558-2890 16. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by the City and Seller and deposited with Escrow Holder. 18. Miscellaneous. a. Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between the City and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof SeHer and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein shall be valid or binding on SeHer or the City. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence . The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every lI086\0627\957223-Sweatt.Lovvom -8- other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of anyone or more remedies shall not constitute a waiver of the right to pursue other available remedies. f. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their legal counsel review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or Exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modifY, amplifY or aid in the interpretation, construction or meaning of the provisions of this Agreement. 19. Attornevs' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assilmment. The City may assign its rights under this Agreement or may designate a nominee to acquire the Property, provided, however, that any such assignment or designation shall not relieve the City of any of its obligations under this Agreement. 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Sections 8, 9,10,11, and 12 hereof, and the City and Seller release Escrow Holder from liability or obligation as to Sections 8, 9, 10, 11, and 12 hereof. lI086\0627\957223-Sweatt.Lovvom -9- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day and year first written above. SELLER Stephen Sweatt Andrea Lovvorn CITY OF TEMECULA, a municipal corporation: Chuck Washington, Mayor ATTEST: Susan Jones, City Clerk Approved as to Form: Peter Thorsen, City Attorney 1 I086\0627\957223-Sweatt.Lovvom -10- EXHIBIT "A" Being a portion of Lot 1 of Tract No. 21067, in the City of Temecula, County of Riverside, State of Califomia, as filed in Book 231, Pages 41 through 48, of Maps in the office of the County Recorder of said County, being more particularly described as follows: BEGINNING at the most westerly corner of said Lot 1, said corner being a point on the right-of-way of Jedediah Smith Road as shown on said map, said right-of- way being a curve, concave northeasterly and having a radius of 1,945.00 feet, a radial to said point bears South 430 11' 27" West; thence along the westerly line of said Lot 1, North 04" 54' 45" East a distance of 29.87 feet; thence South 470 44' 36" East a distance of 126.33 feet, said course being parallel and distant 79.00 feet measured at a right angles from the centerline of Pechanga Parkway (formerly Pala Road as shown on said map), to a point in the curved right-of-way line of Murfield Drive as shown on said map, said curve being non-tangent to last said course, concave northwesterly and having a radim; of 270.00 feet, a radial to said point bears South 630 08' 26" East; thence southwesterly along said curve through a central angle of 2"30'01" and an arc length of 11.78 feet to the beginning of the corner cutback for the intersection of Murfield Drive and Pechanga Parkway; thence along said comer cutback North 75002' 49' West a distance of 27.42 feet to a point in the southwesterly lot line of said Lot 1, also being a point in the northeasterly right-of.way line of Pechanga Parkway; thence along said southwesterly lot line and said northeasterly right-of-way line, North 470 44' 36" West, a distance of 55.01 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 1,945.00 feet; thence northwesterly along said curve through a central angle of 00 56' 03" and an arc length of 31.71 feet to the POINT OF BEGINNING. Contains 2,710 square feet, more or less. See EXHIBIT "8", attached. EXHIBIT B SHEET 1 OF 1 NOTE: LOT DIMENSIONS ARE SHOWN PER TR. NO. 21067, M.B. 231/41-48 ;,. fa cd C'I N 8S'OS'1S"W 120.O<r N 04'S4'4S-E 4.37' LOT 1 TR. 21067 M,8, 231/41-48 I w '\ . .Q" !')Q 1:)1' . <:)# ~<:) 'lib qf ,,'" ..! . 01 ,"t , fa cv !Ob "t (;;"::1 · 1f cv, _ 1:! , o~, ';', "t -.J ~R,) ;,.~~ . Jq:J .J1 ,~ ~ J X ..... .....,y~.J' ..... ~~~ N '~"I.. I "~-!9' (/if ,,<~:\- . " 'f-tJ f;J IQ - - , -J R!W P.O.B:-- €' 1- .;()~. ll".>, a-QC'~ 'V:t6' ~~ ~ ~ ~1? .;() ).- .;() ~r~ ~ "1).- . "- -?O ~ ~ , 09:' R ~ I Q q: [ij Ii $ ~ ..... . IF' 11m: IIEITERWORlD ClRClE, STE. 200 .~ . Hall & Foreman, Inc. re:.~-~4~= FAX. 951-294-9JQl Englneering.SuIwying.PIaming.Landscape An:l1iledure _JIflNC.COU ? 1-=30' EXHIBIT "A" -1 - Being a portion of Lot 1 ofTract No. 21067, in the City ofTemecula, County of Riverside, State of California, as filed in Book 231, Pages 41 through 48, of Maps in the office of the County Recorder of said County, being more particularly described as follows: COMMENCING at the most westerly comer of said Lot 1, said corner being a point in the right-of-way of Jedediah Smith Road as shown on said map, said right-of-way being a curve, concave northeasterly and having a radius of 1,945.00 feet, a radial to said point bears South 430 11' 27" West; . thence along the westerly line of said Lot 1, North 040 54' 45" East a distance of 29.87 feet; thence South 47" 44' 36" East a distance of 95.92 feet, said course being parallel and distant 79.00 feet measured at right angles from the centerline of Pechanga Parkway (formerly Pala Road as shown on said map), to the TRUE POINT OF BEGINNING; thence continuing along said last mentioned line, South 47" 44' 36' East a distance of 30.41 feet, to a point in the curved right-of-way line of Murtield Drive as shown on said map, said curve being non-tangent to last said. course, concave northwesterly and having a radius of 270.00 feet, a radial to said point bears South 63" 08' 26" East; thence northeasterly along said curve through a central angle of 4049'32" and an arc length of 22.74 feet; thence leaving said right-of-way, North 89033'54" West a distance of 31.92 feet to the TRUE POINT OF BEGINNING. . Contains 333 square feet, more or less. See EXHIBIT "B", attached. (J' ;;/Ol/O(P EXHIBIT B-1 SHEET 1 Of 1 , ~\j NOTE: ~V LOT DIMENSIONS ARE SHOWN PER TR. NO. 21067. M.B. 231/41-:-48 laJ N 8S'OS'15"W 120.00' N 04'S4'4S-E 4.37' / ~<V/ .",y ...')t ~ ~ . It) .,. ":.t ~. ..,.~ O~~ zit) , . , ~ , M,8. 231/41-48 ~ J. ',( 6',9- + lJ' J'J'. + OS:lJ"- "'lI", rJ;;- 6'.>, '11"..>; ;?, '1' 'r:J' "'>. ~;() 'Il",r~ ,J'~' ,~ + '0 IS'''/fr ,'lJ~, ,~ a fl' .~, '1' ~~~ < -9~~.s: ~1fi~ ~~ ,X~ ~ .9. '(I. '(I . ~-': '11"",. oJ'.. ~ "'q '''.' >7' "'", 'II"~' 'o~. LOT 1 TR, 21067 \ ~ 1- ,()e 1l".>, ~ C'..yA .' flfl~ O~.""Q . IS'~ ~~~ t1 ,I:) * "(J.- . .~~ 4>~ , ,I:)~ It,j-- ., ,~(;, "lib 1>a ~ CJ <( ....... ~ ~.J 1llRfI IIf]1ERWOI<1Il QIlCtE. SIL 100 "" !lr: Hall & FV1VWan, Inc. ~~-~ "" FIX. 851 -2iM-9J01 ' ~.Sur<eying.I'lanlling.landsca(l<lhchiled1Jl9 www.1W\NC.CON o 'cv ~'I .... ~ !:f . k IS ~ cv 0 .(<j. ~ ,! I :-J o,P". ... ~ ..,.nN ...... y. "'tV. Ii: ,000,,Ix ~ Q >oJ .~. ::;j ,~ ~ ~ (:)J J R!W P.O.C. ...... Ii '! -..q,r'Q. N """~6~. / '<.....6'0-.} -.q:: "~::>$'" '<,,~'tJ ... 1- ~ 1 "=30' ~ ITEM NO, 10 Approvals City Attorney Director of Finance City Manager 1r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 27, 2007 SUBJECT: Purchase and Sale Agreement for certain property rights on the property located at 41351 Armada Place for improvements to Butterfield Stage Road and Rancho California Road PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Carol A. Chiodo, Property Agent RECOMMENDATION: That the City Council: 1. Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Rueben and Jennifer Calixto, Trustees of the Calixto Family 2003 Trust, for the purchase of an approximate 37,627 square foot grading easement plus improvements, for the proposed improvements to Butterfield Stage Road, and an approximate 4,250 square easement area consisting of an approximate 2,750 square foot area for grading and an approximate 1,500 square foot area for temporary construction purposes for the proposed improvements to Rancho California Road east of Butterfield Stage Road on the real property commonly known as 41351 Armada Place, Temecula, at a purchase price of $1,200,000 plus escrow fees. 2. Authorize an advance of General Fund Reserves in the total amount of $1 ,215,000 to cover the cost of the property interests plus the associated escrow fees. 3. Authorize the City Manager to execute the Purchase and Sale Agreement, approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. BACKGROUND: On August 252005, the City entered into an Acquisition Agreement with Ashby USA, LLC, the developer of the Roripaugh Ranch Development, to acquire certain property interests for the right of way for off-site public improvements on Butterfield Stage Road. This Agreement required the Developer to pay all of the costs of the City relating to the acquisition of the necessary right of way, including all legal and appraisal costs, land value, improvements, costs relating to severance damages and relocation costs of these acquisitions. The Butterfield Stage Road improvements are important road improvements for the City that the Developer agreed to pay for as part of the Roripaugh Ranch Development Agreement. Pursuant to City Council Resolution No. 06-75, the City Manager approved an appraisal report and authorized the Director of Public Works to make an offer and negotiate the acquisition of a grading easement and improvements located in the easement area on the real property commonly known as 41351 Armada Place, Temecula, and identified as Assessor's Parcel Number 943-090-017 ("larger parcel") for the future construction of the Butterfield Stage improvements. On September 7,2006, the City sent its original offer letter to Rueben and Jennifer Calixto, Trustees ("property owners") for the property interests required from the larger parcel. The parties engaged in lengthy negotiations for the purchase of the necessary property interests. On August 15, 2007, the City sent its final offer to the property owners in response to their counter- offer of June 19, 2007. In its final offer, the City offered to purchase an approximate 37,627 square foot easement on the west side of the larger parcel together with any improvement located in the easement area for the Butterfield Stage Road improvements. The City also offered to purchase an approximate 4,250 square easement area consisting of an approximate 2,750 square foot area for grading and an approximate 1,500 square foot area for temporary construction purposes on the south side of the larger parcel for the proposed improvements to Rancho California Road. The property owners accepted the City's final offer. The attached Purchase and Sale Agreement describes the details of the acquisition of the required easements to construct the improvements to Butterfield Stage Road and Rancho California Road. As set forth in the Purchase and Sale Agreement, the payment of $1,200,000 includes, but is not limited to, just compensation for the subject property interests, including the improvements pertaining to the realty, which include, but are not limited to, two single-family residences, garages, any trees, landscaping, irrigation pipes, and fencing, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under any Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), including, but not limited to, moving expenses, interest differential payment, purchase price differential, and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, or any other damages of every kind and nature suffered or to be suffered by the property owners by reason of the City's acquisition of the subject property interests or the Project for which the City is acquiring the subject property interests. The purchase amount, $1,200,000, is the amount the City Council previously authorized for the acquisition of these real property interests. The advance of general funds will secure the necessary easements, in the City's name, so that the right of way is available for eventual construction of these important public road improvements. FISCAL IMPACT: An advance of General Fund Reserves will be required in the amount of $1,215,000 which includes the acquisition plus associated escrow fees estimated not to exceed $15,000.00. The advanced general fund reserves will be reimbursed from either Roripaugh Ranch CFD Bond proceeds, a developer of the Roripaugh Ranch, or an accelerated reimbursement from WRCOG using TUMF funds. ATTACHMENTS: Purchase and Sale Agreement PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULA AND RUEBEN AND JENNIFER CALIXTO (EASEMENT AREA ON ASSESSOR'S PARCEL NUMBER 943-090-017) THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of 2007 by and between RUEBEN CALIXTO JR. AND JENNIFER CALIXTO, TRUSTEES OF THE CALIXTO FAMILY 2003 TRUST (collectively "Seller"), and the CITY OF TEMECULA, a municipal corporation ("City"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Company ("Escrow Holder"). RECITALS A Seller is the sole fee owner ofthe property commonly known as 41351 Armada Place, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 943-090-017 ("Larger Parcel"). B. The City wishes to purchase and Seller desires to grant to the City an approximate 37,627 square foot non-exclusive grading easement area on the Butterfield Stage Road side ofthe Larger Parcel ("Butterfield Stage Easement") which includes substantially all ofthe existing improvements on the Larger Parcel, including but not limited to two single-family residences, garages, and landscaping and an approximate 4,250 square foot easement area consisting of an approximately 2,750 square feet for grading and approximately 1,500 square feet for temporary construction purposes on the Rancho California Road side ofthe Larger Parcel ("Rancho California Easements") for public purposes, namely public street purposes and all uses necessary or convenient thereto in connection with the City's proposed improvements to and widening of Butterfield Stage and Rancho California Roads. In addition, City is granted a temporary access permit so that the structures that straddle the easements can be completely demolished and removed. Butterfield Stage Easement and the Rancho California Easement are referred to below collectively as the "Easements". The Butterfield Stage Easement is described more particularly in Exhibit "A" hereto and depicted on Exhibit "B" hereto. The Rancho California Easements is described more particularly in Exhibit "c" and depicted on Exhibit "D" hereto". Exhibits "A" through "D" are incorporated in this Agreement by this reference. C. The Easements are in the unincorporated area of the County of Riverside ("County"). Accordingly, the City and County entered into a City-County Agreement for the Widening of and hnprovements to Butterfield Stage Road ("City-County Cooperative Agreement"), which was approved by the County on June 6, 2006 and by the City on July II, 2006. The City-County Cooperative Agreement is incorporated herein by this reference. A copy ofthe City-County Cooperative Agreement is on file with the Calixto\11086 0627\10018331 -1- Temecula City Clerk's office. Streets and Highways Code Section 1810 authorizes the acquisition by purchase or eminent domain of property outside of a city's boundaries in the unincorporated area ofthe county if such acquisition is necessary to connect or widen the existing streets of a city and if the county consents to the acquisition. As set forth in the City-County Cooperative Agreement, the County concurred with the City's proposed acquisition of the Easements pursuant to Streets and Highways Code Section 1810. The parties acknowledge that the City complied with the appraisal, offer and negotiation requirements for the City's acquisition ofthe Easements for a public use, namely for the construction of improvements to and widening of Butterfield Stage and Rancho California Roads. The City acknowledges that City staff believes that the acquisition by the City of the Easements satisfies the required findings for the adoption of a resolution of necessity pursuant to California Code of Civil Procedure Section 1240.030. The parties reached an agreement for the City's acquisition of the Easements prior to noticing of a hearing for the consideration of an adoption of a resolution of necessity pursuant to Eminent Domain Law. Had the parties not reached an agreement for the City's acquisition of the Easements, City staff would have recommended that the City Council adopt a resolution of necessity for the acquisition by eminent domain ofthe Easements. D. Seller desires to grant and the City desires to accept the Easements on the terms and conditions set forth herein. NOW THEREFORE, in consideration ofthe foregoing premises, operative provisions and the Recitals, which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purchase and Sale. On the Close of Escrow (as defined below), Seller agrees to grant the Easements to the City, and the City agrees to acquire the Easements from Seller, on the terms and conditions set forth below. 2. Oveninl! and Closinl! of Escrow. Within five (5) days after the Effective Date of this Agreement as defined in Paragraph 22.g, City shall deliver a fully executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, "Opening of Escrow" shall mean the date on which Escrow Holder receives a fully executed copy of this Agreement from Seller and the City. The "Close of Escrow" shall be the date that Grants of in favor ofthe City are recorded in the Official Records of the Riverside County Recorder's Office. The Close of Escrow shall occur after the performance of all duties and obligations under this Agreement. The Close of Escrow shall be on the date that is not later than the first business day occurring thirty (30) days after the effective date of this Agreement. City shall not be responsible for the Easements until Close of Escrow. 3. Purchase Price and Additional Consideration. a. Purchase Price. The total purchase price for the Easements to be paid by the City is the sum of $1,200,000.00 (One Million Two Hundred Thousand Calixto\11086 0627\10018331 -2- Dollars), which sum shall be paid to Seller in full on the Close of Escrow. No attempt has been made to assign value to any lesser interest in the Easements, including any leasehold estate. The purchase price, therefore, is the total price for the Easements without distinction or separation for various interests that may be held in the Easements. Seller shall be responsible for any apportionment or allocation of the purchase price if required for any separately held interests that may exist Further, the total Purchase Price includes compensation for all improvements located on the Easements, including, but not limited to, two single-family residences, garages, trees, fencing, gates, irrigation and landscaping. The parties agree that the Purchase Price is reasonable in light of all the relevant facts and circumstances. b. Additional Consideration Outside Escrow. The City shall replace at its sole cost and expense any landscaping or other improvements located in the Rancho California Road Easements with material of like kind and quality, in the event they are damaged during the construction ofthe Rancho California Road improvements. In addition, City agrees that Seller shall retain salvage rights on the improvements located in the area comprising the Easements for a period of sixty (60) days after the Close of Escrow. Seller agrees to indemnify the City for any bodily injuries, damages, or claims resulting in connection with Seller's exercise of these salvage rights. City further agrees to provide written notice to Seller ten (10) business days before the City's commencement of grading on the Easements. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall obtain and issue a title commitment for the Easements. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment Upon receipt ofthe foregoing, Escrow Holder shall deliver these instruments and the title commitment to the City and Seller. The City's Easements shall be insured at the Close of Escrow by a CLT A Owner's Standard Coverage Policy of Title Insurance in the amount ofthe Purchase Price (the "Policy"). The Policy of Title Insurance provided for pursuant to this Section shall insure the City's Easements free and clear of all liens, encumbrances, and restrictions, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): a. Real property taxes for the then current tax fiscal year, which are a lien not then due and payable; b. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Easements; c. The non-monetary exceptions approved by the City within fifteen (15) business days after the date the City receives from Escrow Holder the title commitment and legible copies of all instruments noted as exceptions therein. If the City unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to the City (less the City's share of escrow cancellation charges), and this Agreement shall have no further force or effect Ifthe Calixto\11086 0627\10018331 -3- City conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, the City may, at its option, either accept the Easements subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less the City's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect At the Close of Escrow, the City's interests in the Easements shall be free and clear of all monetary encumbrances. 5. Grants of Easement. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow two Grants of Easement duly executed and acknowledged by Seller, granting to the City the Easements. The easement documents shall be in a form provided by the City and shall be accepted by the City prior to recording. The Easements granted shall be non-exclusive and shall be consistent with this Agreement, including but not limited to the continuing obligations set forth below in Section 12. The parties acknowledge that the Rancho California Easement will revert back to Seller after the construction ofthe improvements to Rancho California Road and after the County accepts the improvements into its system of public maintained streets. If at any time Seller or Seller's successors regrade the Larger Parcel, that portion of the Butterfield Stage Easement which is no longer necessary shall revert to Seller or Seller's successors. Seller shall request that the County vacate that portion ofthe Easements no longer required. Any legal description or exhibit used to describe the vacated portion shall be prepared at Seller's or Seller's successors expense. Other than grading of a slope and installation of erosion control, no permanent improvements shall be constructed within the Easements. 6. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each ofthe following conditions has then been fulfilled: a. Escrow Holder can issue in favor ofthe City the Policy, showing the City's Easements described in Exhibits A-D, comprising portions ofthe Easements, vested in the City subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds ofthe Purchase Price to obtain a partial reconveyance, if necessary, of any monetary liens encumbering the Easements, so that the Easements shall be free and clear of monetary liens and encumbrances at the Close of Escrow. Prior to disbursing any such proceeds to the holder(s) ofthe monetary liens encumbering the Easements, Escrow Holder shall obtain final approval from Seller regarding the disbursement of any such proceeds. b. City shall have deposited with Escrow Holder the Purchase Price and all Escrow Charges. Calixto\11086 0627\10018331 -4- c. Escrow Holder shall have received the City's notice of approval or satisfaction or waiver of all ofthe contingencies to the City's obligations hereunder, as provided for in Section 14; and d. Seller shall have deposited in Escrow the Grants of Easement required by Section 5. e. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance ofthe Policy, including the Grants of Easement. 7. Escrow Char!!es and Prorations. The City shall pay the cost of the CLT A Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out- of-pocket expenses for messenger services, long distance telephone, etc. The City shall pay any fees or costs relating to recording ofthe Grants of Easement with the Recorder's Office ofthe County of Riverside. City shall pay any documentary or other local transfer taxes, and any other recording fees. Taxes, assessments, penalties, interest charges, delinquency charges, and municipal service charges of every kind levied upon or assessed against the Easements, except as otherwise expressly set forth herein, shall be paid by Seller to the date of recording. If the Escrow shall fail to close through no fault of either party, the City shall pay all Escrow cancellation charges. 8. License to Enter. Seller hereby grants to the City and its authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Easements for the purpose of making inspections and other examinations ofthe Easements, including, but not limited to, the right to perform soil and geological tests of the Easements and an environmental site assessment thereof The City shall give Seller ten (l0) hours' prior written notice before going on the Easements. The City does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Easements, free and hannless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Easements as a result of any accident or other occurrence at the Easements which is in any way connected with the City's inspections or non-permanent improvements involving entrance onto the Easements pursuant to this Section. The obligation of City to indemnify for any such damages under this Section relating to the City's license to enter shall survive Close of Escrow or termination of Escrow. City shall restore the Easements to their original condition upon completion of testing. Calixto\11086 0627\10018331 -5- 9. Warranties and Representations of Seller. Seller hereby represents and warrants to the City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as ofthe Close of Escrow and shall survive the Close of Escrow: a. Seller hereby represents to the best of Seller's knowledge that (i) on the Close of Escrow the Easements shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Easements are in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Larger Parcel, if any, have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition ofthe Larger Parcel and the Easements or alleged violation of environmental, health or safety statutes, ordinance or regulations. b. Seller hereby warrants that neither this Agreement nor anything provided to be done hereunder, including the transfer ofthe Easements to the City, shall at Close of Escrow violate any contract, agreement or instrument to which Seller is a party, or which affects the Easements, and the sale ofthe Easements herein contemplated does not require the consent of any party not a signatory hereto. Seller acknowledges, however, that Seller's current mortgage holder(s) will have to consent to grant a partial reconveyance for Easements, if such mortgage holders are not paid in full and a full reconveyance given. c. Seller hereby warrants and represents that there are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Easements for work performed or commenced prior to the date of this Agreement. Seller agrees to hold the City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Easements and arising from work performed or commenced prior to the Close of Escrow by or on behalf of Seller. d. Seller hereby warrants and represents that except as disclosed in the title commitment, there are no written or oral leases or contractual right or option to rent, lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Easements or any part thereof, and no persons other than Seller has any right of possession to the Easements or any part thereof e. Seller hereby warrants and represents that Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that is in any way related to the Easements other than the threat of condemnation, if any, by City and/or County, which is resolved by this Agreement. f Seller hereby represents that to the best of Seller's knowledge, Seller is the sole owner ofthe Easements, free and clear of all liens, encumbrances, Calixlo\11086 0627\10018331 -6- easements, encroachments from adjacent properties, or rights of way of any nature, other than those that may appear of record in the official records ofthe Office of the Recorder, County of Riverside. g. Seller hereby warrants that Seller shall remove all personal property located in the single-family residences, garages and on the Easements within thirty-days of the Close of Escrow. Any personal property remaining in the Easements or structures to be demolished after this period shall be deemed abandoned property and removed by City at City's cost City shall be under no obligation to store such abandoned personal property. 10. Representations and Warranties of City. City hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as ofthe Close of Escrow and shall survive the Close of Escrow: a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement b. City has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. c. City acknowledges and agrees that it is experienced in acquiring, owning, and improving properties similar to the Easements, that City will, during the Escrow Period, thoroughly inspect, test, study, review, and investigate all aspects of the Easements to its full satisfaction, and that City acknowledges and agrees that it is relying solely thereon in making its decision to acquire the Easements. City further acknowledges and agrees that except as otherwise specifically stated in this Agreement, Seller is not making and hereby specifically disclaims making any warranty, guarantee, or representation of any kind or character, whether express, implied, statutory, or arising by operation of law, oral or written, past, present, or future, of, as to, or concerning the Easements, including without limitation the physical and environmental nature and condition ofthe Easements. Further, City hereby expressly acknowledges and agrees that upon closing, City shall assume the risk that adverse matters, including, without limitation adverse physical conditions, may exist with respect to the Easements. 11. Full Payment of All Obli!!ations of City. a. It is understood and agreed between Seller and the City that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment of compensation for the acquisition of all property interests pertaining to the Easements and includes and satisfies any and all other payments, if any, that may be required by law to be paid to Seller arising out of the acquisition of the Easements and displacement ofthe Seller and all persons residing on the Easements, and specifically includes, but is not limited to, just compensation for the Easements, and specifically includes, but is not limited to, two single-family residences, Calixto\11086 0627\10018331 -7- garages, trees, fencing, gates, irrigation, landscaping, claims for severance damages, attorney's fees, interest, litigation expenses, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under any Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act ofl070 (42 U.S.C. 4601 et seq.), if applicable, or under Title I, Division 7, Chapter I ofthe Government Code ofthe State of California (Section 7260 et seq.), including, but not limited to, moving expenses, interest differential payment, purchase-price differential, and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, or any other damages of every kind and nature suffered by the Seller, Trustees by reason ofthe City's acquisition of the Easements or the Project for which the City is acquiring the Easements. b. The parties acknowledge that payment ofthe Purchase Price does not satisfy damages which Seller may suffer in the future as a result of the construction of the improvements to and widening of Butterfield Stage Road or Rancho California Road by the City, the County, or their contractors or agents, or any damages Seller may suffer in the future, including, but not limited to those resulting from: (i) the failure of the contemplated improvements in the Easements, (ii) the failure to maintain the contemplated improvements in the Easements, as set forth below in Section 12.a. This specifically includes, but is not limited to death, personal injury, and structural damage to Seller's improvements as a result ofloss oflateral support. Further, the payment ofthe Purchase Price does not include future damages for trespass or encroachment beyond the scope delineated by the Easements in the course of widening and improving Butterfield Stage Road and Rancho California Road, or the grading on the Easements. 12. Continuinl! Oblil!ations. a. City represents that the approximate Butterfield Stage Easement will be maintained by the County pursuant to the Joint Community Facilities Agreement (Street Improvements) by and among County of Riverside and City of Temecula and Temecula Public Financing Authority and Ashby USA, LLC, a California limited liability company, dated as of November I, 2004, Relating to Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) once the actual grading in the Easements commences. A copy of said Joint Community Facilities Agreement is on file with the Temecula's City Clerk's Office. From and after Close of Escrow, City agrees to indemnify and hold Seller harmless from any and all claims and causes of action by reason of City's acquisition, improvement, maintenance, and operation ofthe Easements, except for any claims or damages arising out of Seller's negligence. b. The parties further acknowledge that City and the County shall not be responsible for maintaining the Rancho California Easements after the construction of the improvements to and widening of Rancho California Road are completed. The parties acknowledge that this Agreement does not relieve Seller of any property maintenance obligations it may have for the Rancho California Easements pursuant to local and lor State regulation after said area reverts back to Seller. Calixto\11086 0627\10018331 -8- 13. Releases. a. This Agreement is a voluntary agreement and Seller, on behalf of itself and its heirs, successors and assigns, hereby fully releases the City, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result ofthe City's efforts to acquire the Easements or any preliminary steps thereto. Seller further releases and agrees to hold the City harmless from any and all claims and causes of action by reason of any leasehold interest in the Easements. b. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light ofthat situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. " Seller's Initials City's Initials c. The City acknowledges that the waiver under Code of Civil Procedure Section 1542 above does not extend to any damages which Seller may suffer in the future as a result of the construction ofthe improvements to and widening of Butterfield Stage Road or Rancho California Road by City, the County, or their contractors or agents, or any damages Seller may suffer in the future, including but not limited to those resulting from: (i) the failure ofthe contemplated improvements in the Easements area, (ii) the failure to maintain the contemplated improvements in the Easements area, as set forth above in Section 12.a. This specifically includes, but is not limited to death, personal injury, and structural damage to Seller's improvements as a result of loss of lateral support. Further, the releases herein made do not release any claims that Seller may have (i) for trespass or encroachment beyond the scope delineated by the two easements in the course of widening and improving Butterfield Stage Road and Rancho California Road, or the grading on the Easements, or (ii) against their title company under any policy of title insurance. d. City acknowledges that it may sustain damage, loss, costs or expenses in connection with the acquisition ofthe Easements which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, City hereby acknowledges that this Agreement has been negotiated and Calixto\11086 0627\10018331 -9- agreed upon in light of that situation and possibility, and hereby expressly waives any and all rights which City may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. " City's Initials Seller's Initials e. This Section 13 shall survive the Close of Escrow. 14. Citv's Continl!encies and Satisfaction. For the benefit ofthe City, the Closing of Escrow and the City's obligation to consummate the acquisition ofthe easements comprising the Easements shall be contingent upon and subject to the occurrence of all ofthe following (or the City's written waiver thereof, it being agreed that the City can waive any or all such contingencies) on or before the Close of Escrow: a. That as ofthe Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery ofthe Grants of Easement pursuant to Section 5 above. c. Escrow Holder's commitment to issue in favor ofthe City of a CLT A Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing the City's interest in the Easements subject only to the Permitted Title Exceptions. d. The City's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections ofthe Easements or the underlying real property that the City might perform prior to the Close of Escrow. 15. Evidence in Court Proceedinl!. The parties agree that the total Purchase Price of $1,200,000.00 or any inference of per square foot value ofthe Larger Parcel based on said Purchase Price shall not be admissible as evidence ofthe fair market value ofthe Easements in any eminent domain or other court proceeding. Calixto\11086 0627\10018331 -10- 16. Certification of Non-Forei!!n Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with LR.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 17. Certification of Trust. Seller covenants to deliver to Escrow the following items: a. A certification pursuant to Section 18100.5 ofthe California Probate Code in a form satisfactory to Escrow Holder demonstrating that Rueben Calixto Jr. and Jennifer Calixto, Trustees of the Calixto Family 2003 Trust are duly authorized to legally bind the Calixto Family 2003 Trust; and b. Copies ofthose excerpts from the original trust documents and amendments thereto which designate the trustee(s) and confer upon the trustee(s) the power to act in this transaction. 18. Default. In the event of a breach or default under this Agreement by either the City or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale ofthe Easements, by delivering written notice thereof to the defaulting party and to Escrow Holder, and ifthe City is the non-defaulting party, the City shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 19. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (l) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party. The parties agree, however, that if any party gives Notice in writing of a change of name or address to the other party, Notices to such party shall thereafter be given as demanded in that Notice: CITY: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Shawn Nelson, City Manager Calixto\11086 0627\10018331 -11- COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SELLER: Rueben and Jennifer Calixto Trustees of the Calixto Family 2003 Trust 31307 Santiago Temecula, California 92592 COPY TO: Jon H. Lieberg, Esq. Jon H. Lieberg, A Professional Law Corporation 41911 Fifth Street, Suite 300 Temecula, California 92590 ESCROW HOLDER: First American Title Company th 3625 14 Street Riverside, CA 92501 Attn: Debra Dunn, Escrow Officer 20. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 21. Amendments. Any amendments to this Agreement shall be effective only when duly executed by both the City and Seller and deposited with Escrow Holder. 22. Miscellaneous. a. Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between the City and Seller on the subject matter hereof No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made Calixto\11086 0627\10018331 -12- by any such person which is not contained herein shall be valid or binding on Seller or the City. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any ofthe specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of anyone or more remedies shall not constitute a waiver of the right to pursue other available remedies. f Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their counsel review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or Exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections ofthis Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning ofthe provisions ofthis Agreement. g. Effective Date. The "Effective Date" shall be the date that this Agreement is fully executed. 23. Attornevs' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any ofthe terms, provisions or conditions ofthis Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. Calixto\11086 0627\10018331 -13- 24. Assi!!llment. The City may assign its rights under this Agreement or may designate a nominee to acquire the Easements, provided, however, that any such assignment or designation shall not relieve the City of any of its obligations under this Agreement. 25. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Sections 8, 9, 10, II, 12 and 13 hereof, and the City and Seller release Escrow Holder from liability or obligation as to Sections 8, 9, 10, 11, 12, and 13 above. Calixto\11086 0627\10018331 -14- IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Temecula, California on the date written by their signature. SELLER Rueben Calixto, Jr., Trustee ofthe Calixto Family 2003 Trust Date: Jennifer Calixto, Trustee of the Calixto Family 2003 Trust Date: Approved as to form: Jon H. Lieberg, Esq. CITY OF TEMECULA, a municipal corporation: Chuck Washington, Mayor Date: ATTEST: Susan Jones, City Clerk Approved as to form: Peter M. Thorson, City Attorney Calixto\11086 0627\10018331 -15- Page 1 of2 EXHIBIT "A" LIMITS OF GRADING EASEMENT That portion of Parcel 3 of Parcel Map No. 10791 as per map recorded in Book 57, Pages 97 and 98 of Parcel Maps in the Office of the County Recorder of Riverside County, being a portion of Rancho Pauba, described as follows: Commencing at the centerline intersection of Butterfield Stage Road (110 feet wide) and Rancho California Road (110 feet wide) as shown on said map; Thence along the centerline of said Butterfield Stage Road, North 41039'51" West, 576.99 feet to the southwesterly prolongation ofthe northwesterly line of said Parcel 3; Thence along said southwesterly prolongation, North 58019'48" East, 55.21 feet to the most westerly comer of said Parcel 3, said point being also on the northeast line of said Butterfield Stage Road and the TRUE POINT OF THE BEGINNING; Thence along said northwesterly line of said Parcel 3, North 58019'48" East, 90.08 feet; Thence leaving said northwesterly line, South 35055' 19" East 108.55 feet; Thence South 47033'47"East, 143.02 feet; Thence South 35055'34" East, 33.09 feet; Thence South 02031'22" East, 41.18 feet; Thence South 39031 '09" East, 130.38 feet; Thence South 15027'21" East, 72.11 feet to the southeasterly line of said Parcel 3, said point also being a point on the northerly right of way of said Rancho California Road; Thence along said right of way the following 2 courses: I) South 58012'20" West, 5.29 feet; 2) North 81043'21" West, 33.19 feet to the easterly right of way line of said Butterfield Stage Road, said point also being the westerly line of said Parcel 3; Thence along said easterly line of Butterfield Stage Road and westerly line of said Parcel 3, North 41039'51" West, 499.49 feet to the TRUE POINT OF BEGINNING. P:\A\ASHBOOO.s\Lcgal Dcscriptions\Slopc Eascmcnts\slopc ease par3 PM I 0791.doc All as shown on Exhibit "B" attached herewith and made a part hereof. The above described parcel contains 37,627 square feet (0.864 acres), more or less. This real property description has been prepared by me, or under my direction, in confonnance with the Professional Land Surveyors Act. . ~/ '-- b --r Bernard J. McInaUI, P.L.S. 7629 Expires 12/3 1/08 Date: 1h'l.ID1 P:IA\A.5HBOO05\Lcgal DeseriptiQnslSlQpe EasemenlSlslQpe case par3 PM 10791.dQe Page 2 of2 EXHIBIT "B" PAGE 1 OF 2 ~x- NO. BEARING \;., DIST ANCE ~~~1.X-\. LI N58 '19' 48"E 55.21' <(~ L2 N58 '19' 48"E 90.08' L3 S35' 55'19"E 108.55' L4 S47'33'47"E 143.02' L5 S35' 55'34"E 33.09' L6 S02' 37'22"E 41.18' L7 539' 31'09"E 130.38' ~~ L8 515' 27'21"E 72.11' L9 558 '12'20"W 5.29' SCALE: L10 N81' 43'21"W 33.19' 1"=100' PARCEL 3 PARCEL MAP NO. 10791 P.MB. 57/97-98 ~,->'00 ~~ LEGEND PREPARED BY: II.; ~AVI. I!VAN8 ....A88.CIATE8'NO. 4200Coacoun,Slitc200 Oatl.rio C.lifol'lll. 91764 TEl.: (909)481..-575&. FAX: (909)481..s757 , I P.O.C. T.P.O.B. LIMITS OF EASEMENT POINT OF COMMENCEM~NT TRUE POINT OF BEGINNI~G AREA= 37,627 S.F. COUNTY OF RIVERSIDE RANCHO PAUBA DATE: JULY 12.2007 =~~~) BERNARD J. Mc1NALL , PLS EXPIRES 12/31/200 GRADING EASEMENT ...\DGN\PLATS\Slope\Slope01.dgn 7/13/20071:39:16 PM EXHIBIT "C" LEGAL DESCRIPTION LIMITS OF GRADING EASEMENT Being a certain portion of Parcel 3 of Parcel Map No. 10791, situated in the unincorporated territory of the County of Riverside, State of California, on file in Book 57, pages 97 through 98, inclusive, of maps, recorded December 8, 1978, on file in the Office of the County Recorder, of said County, more particularly described as follows; BEGINNING at the southern most corner of said Parcel, also being an angle point with certain course cited as "North 81043'18" West'; and a point in the northerly right-of-way of Rancho California Road (a 110.00 feet wide street); Thence leaving said angle point North 81043'18" West a distance of 32.18 feet along the boundary of said Parcel 3 to a point in the easterly right-of-way of Butterfield Stage Road (a 110.00 feet wide street); Thence along said right-of-way and the westerly boundary of said Parcel 3 North 41039'16" West a distance of 15.20 feet; Thence North 57034'43" East a distance of 134.57 feet to a point in the right-of- way of Armada Place (a 60.00 feet wide street) and the easterly boundary of said Parcel 3; Thence along said right-of-way and parcel boundary South 26015'45" East a distance of 15.09 feet to an angle point with a certain course cited as "N16058'28" E"; Thence leaving said angle point South 16058'28" West a distance of 33.61 feet to a point in the right-of-way of Rancho California Road; Thence along said right-of-way and parcel boundary South 58012'40" West a distance of 80.60 feet to the POINT OF BEGINNING. CONTAINS: 4,250.24 sq. ft. /0.10 acres, more or less. SUBJECT TO all Covenants, Rights, Rights of Way, Easements, and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof. This description was prepared by me or under my dif1 tion. \ " Nov. /4, 2(X)7 Daniel A. Yor.t, PLS No. 7962 Date: Expires: 3-31498 RO~O .~...~'"~ \, City of Tentecula " 'j %-" RANCHO ~~~~~ ~~~ c,~0~r;j ~<.'> ..,~ ...oi>S> '" o ~l>l'~\~"O ~f:J~'\J ... /tV] \1 To San Diego VICINITY MAP NOT TO SCALE RECORD OWNER: RUBEN CALlXTO 4/351 ARHADA DRIVE TEHECULA, CALIFORNIA 92591 DA TE:9/5/07 '" c: ~--l ~r;:! ~ n r <: PROJECT SITE I ~ JO ~ ~ CITY OF TEMECULA DEPARTMENTOF PUBLIC WORKS EXHIBIT "D" GRADING EASEMENT SHEET I OF 2 J \ \ PARCEL 3 PM 10791 MS. 57/97-98 PARCEL 4 '" '" / h '" ,II - Cj -J \'S '" / , //'fl \) / '& '\ ~ / / '\ . RECORD OWNER: RUBEN CALlXTO 41351 ARMADA DRIVE TEI1ECULA, CALIFORNIA 92591 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ,.~. ~198~J'! "o.',~.." DRAWN BY: C. VLAHOS DA TE:9/5/07 EXHIBIT "D" GRADING EASEMENT SHEET 2 OF 2 - ITEM NO, 11 Approvals City Attorney Director of Finance City Manager 1r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 27, 2007 SUBJECT: Purchase and Sale Agreement for certain property rights on property located at 44526 and 44584 Pechanga Parkway, Temecula PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Carol A. Chiodo, Property Agent RECOMMENDATION: That the City Council: 1. Approve substantially in the form attached hereto the Purchase and Sale Agreement between the City of Temecula and Temecula Creek RV Storage, for the purchase of an approximate 3,342 square foot permanent easement and an approximate 14,980 square foot temporary construction easement on property located at 44526 and 44584 Pechanga Parkway, Temecula (APN 961-010-024) for the widening of Pechanga Parkway at a purchase price of $130,000 plus escrow fees. 2. Authorize the City Manager to execute the Purchase and Sale Agreement in the amount of $130,000 to cover the cost of the easements plus the associated escrow fees not to exceed $3,500.00., approve and execute any necessary documents and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. BACKGROUND: The Pechanga Parkway Improvement project is included in the Capital Improvement Program for Fiscal Years 2008-2012. The scope of work includes the construction of Pechanga Parkway to its ultimate full width from Temecula Parkway to Deer Hollow Way. Full width is 134 feet from south of Pechanga Parkway Bridge to Via Gilberto, and 110 feet from Via Gilberto to Deer Hollow Road. Additional right-of-way is needed in isolated locations to accommodate the planned improvements. On June 12, 2007 the City Council set just compensation for the Temecula Creek RV Storage property interests and authorized the Director of Public Works to make offers and negotiate the acquisition of required property rights. The City delivered the original offer on June 14, 2007 to Temecula Creek RV Storage. The offer was for the purchase of an approximate 3,342 square foot permanent easement for the public use, namely street purposes and all uses necessary or convenient thereto, and an approximate 14,980 square foot temporary construction easement both on real property commonly known as 44526 and 44584 Pechanga Parkway, Temecula, California and identified as Riverside County Tax Assessor's Parcel Number 961-01 0-024. The negotiations have successfully concluded and the attached Purchase and Sale Agreement describes the details of the acquisition of the required property interests to construct the Pechanga Parkway improvements. The purchase amount of $130,000 is the amount the City Council previously authorized for these property interests. FISCAL IMPACT: The Pechanga Parkway improvement project is funded with several different funding sources including AD 159, CFD - Wolf Creek, DIF - Streets, a Public Lands and Highways grant, and a Pechanga Tribal Contribution. Adequate funds for this acquisition are available in project account, Account No. 210.165.668. ATTACHMENTS: Purchase and Sale Agreement PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN CITY OF TEMECULAAND TEMECULACREEKRV STORAGE (3,342 SQUARE FOOT PERMANENT EASEMENT AND AN APPROXIMATE 14,980 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT - ASSESSOR'S PARCEL NUMBER 961-010-024) THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of November 7, 2007 ("Effective Date") by and between TEMECULA CREEK RV STORAGE ("SeHer"), and the CITY OF TEMECULA, a municipal corporation ("City"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Company ("Escrow Holder"). RECITALS A. Seller is the sole fee owner and resident of the property commonly known as 44526 and 44584 Pechanga Parkway, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 961-010-024 ("Larger Parcel"). The Larger Parcel is improved with a commercial mini market and an open storage facility and is approximately 164,657 square feet gross square feet in size. B. The City wishes to purchase and SeHer desires to grant to the City 3,342 square foot permanent easement for public purposes, namely public street purposes and all uses necessary or convenient thereto in cormection with the City's proposed improvements to and widening ofPechanga Parkway, and the 14,980 square foot Temporary Construction Easement ("Property"). The 3,342 square foot Easement is described more particularly in Exhibit "A" hereto and depicted on Exhibit "B" hereto and the Temporary Construction Easement is described more particularly on Exhibit "c" . Exhibits "A" thru "c" are incorporated in this Agreement by this reference. C. On the City Council approved a settlement of $130,000 (One Hundred and Thirty Thousand Dollars) for the Easements. D. Seller desires to sell and the City desires to buy the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing Recitals and terms and conditions set forth below, which are incorporated herein by this reference, the parties hereto agree as foHows: II 086\0627\957223- Temecula RV Storage -1- 1. Purchase and Sale. On the Close of Escrow (as defined below), Seller agrees to grant the Property to the City, and the City agrees to acquire the Property from SeHer, on the terms and conditions set forth below. 2. ODeninl! and Closinl! of Escrow. Within ten (10) days after the Effective Date of this Agreement, City shall deliver a fully-executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, "Opening of Escrow" shall mean the date on which Escrow Holder receives a fully executed copy of this Agreement. The "Close of Escrow" shall be the date that Grant of Easement and Grant Deed for the Property in favor of the City are recorded in the Official Records of the Riverside County Recorder's Office. The Close of Escrow shall occur after the P<-.';vu"ance of all duties and obligations under this Agreement. The Close of Escrow shall be on the date that is not later than the first business day occurring thirty (30) days after the Agreement has been approved by the City Councilor when fully executed documents have been received by Seller, if this date occurs after City Council approval. Before the Close of Escrow, SeHer shall solely bear all risk ofloss and damage to the Property from any source whatsoever. 3. Purchase Price and Additional Consideration. The total Purchase Price to be paid by the City for the Property is the sum of $130,000.00 (One Hundred and Thirty Thousand Dollars) ("Purchase Price"), which sum shall be paid to Seller in full in cash on the Close of Escrow. The Purchase Price includes the real property interests, any and all compensation that may be due for the existing signage and for signing incentive for the Entry Permit. No attempt has been made to assign value to any lesser interest in the Property, including any leasehold estate. The Purchase Price, therefore, is the total price for the Property without distinction or separation for various interests that may be held in the Property. SeHer shall be responsible for any apportionment or allocation ofthe Purchase Price if required for any separately held interests that may exist. 4. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall obtain and issue a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to the City and Seller. The City's easement interests to the Property shall be insured at the Close of Escrow by a CL T A Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of Title Insurance provided for pursuant to this Section shall insure the City's easement interests in the Property free and clear of all liens, encumbrances, and restrictions, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): I 1086\0627\957223- Temecu1a RV Storage -2- a. Real property taxes for the then current tax fiscal year, which are a lien not then due and payable; b. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and c. The non-monetary exceptions approved by the City within fifteen (15) business days after the date the City receives from Escrow Holder the title commitment and legible copies of all instruments noted as exceptions therein. If the City unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to the City (less the City's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If the City conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, the City may, at its option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less the City's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, the City's interests in the Property shall be free and clear of all monetary encumbrances. 5. Grant of Easement and Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant of Easement for the 3,342 square foot Easement duly executed and acknowledged by Seller, granting to the City the permanent easement interest in the Property and a Temporary Construction Easement of approximately 14,980 square feet. The Grants of Easement shall be in a form provided by the City and shall be approved by the City prior to recording. The Permanent Easement granted shall be nonexclusive and shall be consistent with this Agreement. 6. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of the City the Policy, showing the City's interests in the Property vested in the City subject only to the Permitted Title Exceptions; b. Escrow Holder shall have received the City's notice of approval or satisfaction or waiver of all of the contingencies to the City's obligations hereunder, as provided for in Section 13; and c. Seller shall have deposited with Escrow Holder the Grants of Easement required by Section 5. 11086\06271957223- Temecu1a RV Storage -3- Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grants of Easement. 7. Escrow Charges and Prorations. The City shall pay the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. The City shall pay any fees or costs relating to recording of the Grants of Easement with the Recorder's Office of the County of Riverside. City shall pay any documentary or other local transfer taxes, and any other recording fees. Taxes, assessments, penalties, interest charges, and delinquency charges of every kind levied upon or assessed against the Property, except as otherwise expressly set forth herein, shall be paid by Seller through Escrow to the Close of Escrow. If the Escrow shall fail to close through no fault of either party or the fault of the City, the City shall pay all Escrow cancellation charges. 8. Warranties and Renresentations of Seller. Seller hereby represents and/or warrants to the City the following, it being expressly understood and agreed that all such representations and/or warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Seller hereby represents to the best of Seller's knowledge that (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; and (iii) SeHer has no notice of any pending or threatened action or proceeding arising out ofthe condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. b. Seller hereby warrants and represents that neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to the City, shall at Close of Escrow violate any contract, agreement or instrument to which SeHer is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. c. Seller hereby warrants and represents that there are no mechanics', materialmen's or similar claims or liens presently claimed against the Property for work performed or commenced prior to the date of this Agreement. 'Seller agrees to hold the City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow by or on behalf of Seller. d. SeHer hereby warrants and represents that there are no written or oral leases or contractual right or option to rent, lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and 1l086\0627\957223-Temecu1a RV Storage -4- no persons other than Seller has any right of possession to the Property or any part thereof. e. Seller hereby warrants and represents that SeHer has no knowledge of any pending, threatened or potential litigation, action or proceeding against SeHer or any other Party before any court or administrative tribunal that is in any way related to the Property. f. Seller hereby represents that to the best of Seller's knowledge, Seller is the sole owner of the Property, free and clear of all liens, encumbrances, easements, encroachments from adjacent properties, or rights of way of any nature, other than those that may appear of record in the official records of the Office of the Recorder, County of Riverside. 9. Renresentations and Warranties ofCitv. City hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. City has the power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and consummate the transaction contemplated herein. 10. Full Pavment of Oblil!:ations of City. a. It is uriderstood and agreed between Seller and the City that the payments made to Seller as set forth in this Agreement represent an all-inclusive settlement and is full and complete payment of compensation for the acquisition of the interests pertaining to the Property and includes and satisfies any and all other payments, if any, that may be required by law to be paid to SeHer arising out of the acquisition of the Property and displacement of the SeHer and all persons residing on the Property, and specifically includes, but is not limited to, just compensation for the Property, including, but are not limited to, claims for severance and other damages, attorney's fees, interest, expenses oflitigation, expert's fees, precondemnation damages, inverse condemnation, or any other damages of every kind and nature suffered or to be suffered by Seller by reason of the City's acquisition of the easements comprising the Property or the Project for which the City is acquiring the Property. 11. Releases. a. This Agreement is a voluntary agreement and Seller, on behalf of itself and its heirs, successors and assigns, hereby fully releases the City, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as aresult of the City's efforts to 11086\0627\957223- Temecula RV Storage -5- acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold the City harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. b. SeHer acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materiaHy affected his settlement with the debtor. " Seller's Initials City's Initials c. This Section 12 shall survive the Close of Escrow. 12. City's Continl!encies and Satisfaction. For the benefit of the City, the Closing of Escrow and the City's obligation to consummate the acquisition of the Property shaH be contingent upon and subject to the occurrence of all of the foHowing (or the City's written waiver thereof, it being agreed that the City can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The deposit with Escrow Holder of the Grant of Easement pursuant to Section 5 above. c. Escrow Holder's commitment to issue in favor of the City of a CL T A Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing the City's interests in the Property subject only to the Permitted Title Exceptions. d. The City's approval prior to the Close of Escrow of any enviroumental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that the City might perform prior to the Close of Escrow. Il086\0627\957223-TemeculaRV Storage -6- 13. Certification ofNon-Foreilm Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with LR.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 14. Default. In the event of a breach or default under this Agreement by either the City or Seller, the non-defaulting pirrty shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and ifthe City is the non-defaulting party, the City shaH thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non- defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 15. Notices. AH notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days foHowing deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (I) business day foHowing deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party. The parties agree, however, that if any party gives notice in writing of a change of name or address to the other party, notices to such party shall thereafter be given as demanded in that notice: CITY: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Shawn Nelson, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071-3101 SPT T PR: Temecula Creek RV Storage c/o George Weir 610 Metcalf Street Escondido, CA 92025-1665 11086\0627\957223- Temecu1a RV Storage -7- ESCROW HOLDER: First American Title Company 3625 14th Street Riverside, CA 92501 Attn: Debra Dunn, Escrow Officer Tel. No. (951) 787-1757 Fax No. (866) 558-2890 16. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consununate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by the City and Seller and deposited with Escrow Holder. 18. Miscellaneous. a. Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between the City and SeHer on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person who is not contained herein shall be valid or binding on SeHer or the City. c. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other 11086\0627\957223-Temecu1a RV Storage -8- remedy and each and every remedy shaH be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of anyone or more remedies shall not constitute a waiver of the right to pursue other available remedies. f. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their legal counsel review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or Exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modifY, amplifY or aid in the interpretation, construction or meaning of the provisions of this Agreement. 19. Attornevs' Fees, If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assilmment. The City may assign its rights under this Agreement or may designate a nominee to acquire the Property, provided, however, that any such assignment or designation shall not relieve the City of any of its obligations under this Agreement. 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Sections 8, 9, 10, 11, and 12 hereof, and the City and Seller release Escrow Holder from liability or obligation as to Sections 8, 9, 10, 11, and 12 heregf. 11086\0627\957223- Teffiecula RV Storage -9- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER Temecula Creek RV Storage By George Weir CITY OF TEMECULA, a municipal corporation: Chuck Washington, Mayor ATTEST: Susan Jones, City Clerk Approved as to Form: Peter Thorsen, City Attorney 11 086\0627\957223- Temecu1a RV Storage -10- EXHIBIT "A" BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 11984, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 67, PAGE 87 OF PARCEL MAPS, RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 11984, SAID POINT BEING DISTANT 55.00 FEET MEASURED AT RIGHT ANGLES 'TO THE CENTERLINE OF PECHANGA PARKWAY (FORMERLY KNOWN AS PALA ROAD); . THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2, NORTH 420 15' 24" EAST, A DISTANCE OF 12.00 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING ON A LINE THAT IS 67.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID PECHANGA PARKWAY; THENCE ALONG SAID PARALLEL LINE, NORTH 47044'36" WEST A DISTANCE OF 140.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2417.00 FEET; '. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF . 3010'34", AN ARC LENGTH OF 133.98 FEET TO A POINT ON THE LINE AS DESCRIBED IN - A GRANT DEED RECORDED APRIL 8,1983 AS INSTRUMENT NO. 66647, OFFICIAL RECORDS OF SAID COUNTY AND STATE, AND LOT LINE ADJUSTMENT NO. 1639 RECORDED MARCH 7,1983, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 39004'50" EAST; THENCE ALONG SAID LINE, NORTH 04022'55" EAST, A DISTANCE OF 14.58 FEET TO A POINT ON A LINE THAT IS 79.00 FEET NORTHERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID PECHANGA PARKWAY, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2429.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 38053'05" EAST; THENCE LEAVING SAID LINE IN A SOUTHWESTERLY DIRECTION ALONG SAID CURVE . THROUGH A CENTRAL ANGLE OF 3022'19", AN ARC LENGTH OF 142.95 FEET; THENCE ALONG SAID PARALLEL LINE SOUTH 47044'36" EAST, A DISTANCE OF 140..00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO. 11984; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 42015'24" WEST, A DISTANCE OF 12.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3341.62 SQUARE FEET OR 0.077 ACRES, MORE OR LESS. THIS DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED EXHIBIT "B" AND THEREBY BEING MADE A PART OF THIS DESCRIPTION. THIS ~IP~ WAS PREPARED BY ME OR UNDER MY DIRECTION: /~y:~ . ~ BRIAN FOX I' ~ PROFESSIONAL LAND SURVEYOR NO. 7171 ~ REGISTR.r;:J2~.lXPIRES: 12/31/05 PLS71 15 DATED: //1/716 EXl'llSt;;: * ~ s o ~ IlJ!j ~ ~ o / t // \ " "= -1-, ' 0' o~ "- PARCEL UNE REFERENCED IN "'4} LLA NO. 1639, REC. 3/7/83 . AND DESCRIBED IN GRANT bEED ~ RECORDED 4/8/83 PS INSTRUMENT NO. 66647 OF OFFICIAL RECORDS . OF RIVERSIDE COUNlY, CALIF. ?OfrnO~ ~~ p J.\flC~L ,1, ? fA 'HBB4~ = p"M" B1JB1 _ __ --- -- - -: PREPARED FOR: CITY OF TEMECULA 43200 BUSINESS PARK DR. TEMECULA, CA 92590 (909) 694-6411 .BEQORn OWNER; TEMECULA CREEK RV STORAGE 610 METCALF STREET ESCONDIDO, CA 92025 EXHIBIT "B \ ~ ...~ SCALE IN FEET . 1" = 100' \,./ \ , \ ~ \ \ ~o. \ l'.o~ \ \.~(<' \ .~ ~.~ \ \ \$~ \ F) 1\ F)~~I ...-:. \ , F .ru..JOU"'=l.....&> \ \ P j\1] l1aa4 " P"M" a'Ja, \ '-APN 961-010-0~4 \ \ ~O~INAL PARC~UNES BETWEEN 11" '" ~~.C~~\~ 1 ~8~ (#M S~7JJh ON\ ~\ \z \ N04'22'5S'E \ . \ . .~., ~. \ 14.58' \ \ . - "'rll~U2~%' \'. \ j]' S41T210S0'f4'W L=142.9S\ 140.00'. ..' .' , / S4744'36"E . ___. j ,T.P.O.B. ( / / / / / / / / < /y' t' / / t'l' / I' / q-N4T15'24"E 1 ~ ,_ N47'44'36"W __. 12:00' II =3'1 0'34" 140.00' 0,;..., "- - - - 1'5 R=2417.oo' .... '" ~ . P.O.B. ~ d L=133.98' N4T1S'24"E .:: ~ PECHANGA , _' JFORMERLY PALA ROAD) \ P j.\.F}~EL :9 PM l1BE).4 P"j\11 a, la' --<t It 1:1 PARKWAY I / / / / I DENOTES AREA OF DEDICATION (3341.62 S.F.) ~/.Ij~ P{~;ARED BY: :<. o '" of>: G -~ ~"'."'~-1ft. ~\ftic];I~~~~.Lf.m~7~~mERS . SURVEYORS / GPS , ':,. ';' :_ __ .. ~ ," , 15t S. Girard Street J ..... Hemet, Co 92544 TEL (951) 652-4454 , F/>X (951) 766-8942 E -MAJL kbcozodOkbcozod.com File nome; f:\05OJ900\DWG\PLAT\PlATOI.OWG ~ :5 \,/ ~ \ ~ \ \\ L4..J \ ~ 0, ~ \ ~\ ~ \ \~~ \ 1L. \ \~~ \ o // ~RCEL 2 \ \\ ~ / -P,"" PM 11984 \\ 0' pARcEl. U~E REFEREl-lCED IN ~~~. " P . M . (9 7/8 < \ 1NttD~g'lr8~A~t'6~ ~ "APN 961-0~O-024~ \ RECORDED 4/8/83 A$'il1s1RWO{F ~ft PARcE1.~. ~O. 66647 Of 0FFlClAL RECORDS ~ 1 &: 2 Ull\ OF RIVERSIDE cout{lY, cAuF. P . 0.,11984 ( ~7 N Of ~\ ~().f22'W~ " POR1\O '\ 0)..\ _\ 14.58V// ~. S4Z15'~4'W . P I\RC[l . all/ C 12.00 I !.M.'\~~/~7____,,,~/// .~. ~,}~~,;., j \ \\1\ \ A=3'10'34" .w.00 ;....",- - - Z" ~=2417oo' co:2 P.O.B. - '" 1" - - - ~_ L= 33.98 _ t\4Z15'24"E t.. - ~ I~ PECHANGA ~ P ARKWA Y _ JFORMERLY PALA ROAD) tXHIBIT "C: \ ~~ SCALE IN FEET 1" = 100' PARCEL 3 PM 11984 P.M. 67/87 --- - ---- -[ _ olm PRFPARFfJ FOR, CITY OF TEMECULA 4~.400 BUSINESS pARK DR. TEMECU~ cA 92590 (909) 694-6411 RFCORn OWNFR; TEMECULA CREEK r<I( STORAGE 610 METCALF STREET EScoNDIDO, cA 92025 I / / / / I DENOtES MEA OF TFllPOI~ AGREEI,l~ FOR possEsSio APPROX~m.Y (14,980 5.F. ITEM NO, 12 Approvals City Attorney Director of Finance City Manager ::r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 27, 2007 SUBJECT: Authorize Temporary Street Closure of Main Street between Old Town Front Street and the westerly end of the Main Street Bridge for the "Winter Wonderland" event scheduled for December 7, 2007 and Delegate Authority to Issue a Special Events/Street Closures Permit to the Director of Public Works PREPARED BY: Daniel York, Deputy Director of Public Works/City Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND THE WESTERLY END OF THE MAIN STREET BRIDGE FOR THE "WINTER WONDERLAND" EVENT SCHEDULED FOR DECEMBER 7, 2007 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES BACKGROUND: The "Winter Wonderland" event is scheduled for Friday, December 7, 2007 from 5:00 PM to 10:00 PM with the actual street closure scheduled between 4:00 PM to 10:00 PM. The Winter Wonderland event is a joint effort between the City of Temecula and the Friends of Temecula Children's Museum. The event outside activities will include on-stage children entertainment, a snow lab, a S'mores bar, ticket booths, Pie walk, lighted Christmas trees and 30 tons of snow (placed within the grassy area adjacent to the Museum parking lot). The event is expected to draw 1000 participants. The event will require the closure of Main Street between Old Town Front Street and the westerly end of the Main Street Bridge (See attached Vicinity Map). The event will require assistance from the Public Works Department by providing support services for the street closure, public safety monitoring, and the permit process. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10,1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. The subject resolution delegates the authority to approve temporary street closures for this specific event, "Winter Wonderland", to the Director of Public Works. All other special events requiring temporary street closures, construction-related closures, etc, shall remain subjectto the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. FISCAL IMPACT: The costs for provIsion, placement, and retrieval of necessary warning, advisory, and barricade devices by the Public Works Department are included in budgetary items. ATTACHMENTS: 1. 2. 3. Resolution No. 2007- Vicinity Map Special Event Application RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND THE WESTERLY END OF THE MAIN STREET BRIDGE FOR THE "WINTER WONDERLAND" EVENT SCHEDULED FOR DECEMBER 7,2007 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and WHEREAS, the City of Temecula sponsors the "Winter Wonderland" event, for which such temporary street closure on Main Street between Old Town Front Street and the westerly end of the Main Street Bridge promote the safety and protection of persons using or proposing to use that street for the special event; and WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close Main Street for the "Winter Wonderland" event scheduled for December 7,2007; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works to approve the temporary street closure of Main Street for the "Winter Wonderland" event, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineer to permit the temporary street closure of Main Street for the "Winter Wonderland" event scheduled for December 7, 2007, and affirms the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of November, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of November, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk :,<)& va ~ J'~ ~~J' WINTER WONDERLAND VICINITY HAP LEGEND ~ STREET CLOSURE , BARRICADE PERMIT NUMBER November 1. 2007 DATE APPLIED CITY OF TEMECULA SPECIAL EVENT PERMIT APPLICA nON (To be beld on public streets, highways, sidewalks or public right-of-ways) ..* APPLlCA TIONS WITHOUT INSURANCE APPLlCA TJON WILL NOT BE ACCEPTED *** Applicant's Name: City of Temecula. Communi~ Services Department Applicant's Address: P.O. Box 9033. Temecu[o. CA. 92589 Telephone No.: 951-308-6370 Fax No.: 951-695-0636 T)'pe of Evenl: DBlockParty rx=J Major Special Event Number of Anticipated Parlicipants: 1000 Purpose of Event: Winter Wonderland Dale of Event: Friday. December 7th, 2007 Hours of Event: 5:qo. pm - 10:00 pm Exact Location of Event: Main street. from Old Town Front St to the west side of the bridg~ Type I Nature of Vehicles, Equipment (if applicable): Ticket booths. activity booths Sound System: IK::J Yes D No If Yes, Number & Range: Professionally done Type of Goods I Services to be Sold I Provided: Food products (only approved vendors) Vendor's Name & Business Address, Telephone No.: (If Applicable) Security Plan for E\'Cnt: TemecuJa Police Deportment The applicant hereby stales tlmllhe ubOl"l! infurmatioll is accurate under pellalty or pe'1'ury. The Applicallt o.';rees 10 }idly compel/sate Ihe City ufTemeclllafor (IllY dallwge 10 public property, as well as to cleall alld othenrise restore the i!Vl.'nt to the conditiol/ ill which it e.tisled prior to the conduct of/he el'f'lll. Robin Gilliland '\ppliCllnt's Name (Please Print) '\pplicant'sSignature Date UpdaledAsOf7lJI200J R/:U\NDDEVIFORMSlENCROACllMENT PERMITISpel:ial E\-enl Pcnnil ^ppli,aliOll ITEM NO, 13 Approvals City Attorney Director of Finance City Manager 1r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 27, 2007 SUBJECT: Seventh Amendment to Agreement for Environmental Engineering Services for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11 PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council approve the Seventh Amendment to the Agreement with Michael Brandman Associates in an amount not to exceed $9,100.00 for additional services necessary to complete an update to the Habitat Mitigation and Monitoring Plan (HMMP) for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11; and, authorized the Mayor to execute the amendment. BACKGROUND: On March 8, 2002, the City Manager approved an Agreement for Professional Environmental Engineering Services (Agreement), in the amount of $20,863.00, with Michael Brandman Associates (MBA) to prepare the environmental document (CEQA and NEPA) and obtain all necessary clearances for the Pechanga Parkway Phase II Street Improvement Project. Six amendments have since been approved for additional environmental services not included in the original Agreement but needed to supplement original tasks, bringing the total Agreement amount to $167,805.25. MBA originally prepared the HMMP in 2004; however, based on the request of the Federal and State Environmental Regulatory Agencies (United States Army Corps of Engineers, California Department of Fish and Game, and the Regional Water Quality Control Board) the mitigation site within Temecula Creek was relocated approximately 1,000 feet upstream of the original location. This relocation will necessitate an update to the HMMP. The Seventh Amendment covers the additional professional environmental engineering services needed to update the HMMP in an amount not to exceed $9,100.00. With this amendment, the total Agreement amount is $176,905.25. FISCAL IMPACT: The Pechanga Parkway Street Improvements project is included in the FY 2008-2012 Capital Improvement Program. Several funding sources are identified including Development Impact Fees, Assessment District 159, Community Facilities District - Wolf Creek, a Public Lands and Highway Grant, Pechanga Tribe and Reimbursement Agreements with Rancho California Water District. Adequate funds are available in the project account; No. 210-165-668- 5802 to cover the cost of this amendment. With this amendment, the total agreement amount is $176,905.25. ATTACHMENTS: 1. Project Location. 2. Project Description. 3. Seventh Amendment. . I, I I . . I I I I I I I , - , , '" -.J ~"' ~z v '" . 1 -4!1 . , . "0 ... ~. '" " ... ~ ... !r ~ ~ q ~ c:> Q ~ ~ ~. 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M'" >-d ~ "'- - o 0 o~\ "C(>"N"" W "w oc w ~~ ~o::::: \DVl ot.VO-JV> 0 " :;\~ stO .l:>-U\ocNNU\O -,., ." ~b "'0 "'0 10 "',p, "'0 "0 :\.0 ;:1. n> 2 0 ~ <Po 0\0000\\000 ~~o-' -."" VlO o o....:too 0 0 '" " .... I SEVENTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MICHAEL BRANDMAN ASSOCIATES PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES PECHANGA PARKWAY PHASE II IMPROVEMENTS PROJECT NO. PW99-11 THIS SEVENTH AMENDMENT is made and entered into as of November 27,2007 by and between the City of Temecula, a municipal corporation ("City") and Michael Brandman Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On March 8, 2002 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Professional Environmental Engineering Services for Pechanga Parkway Phase II Improvements ("Agreement") in the amount of $20,863.00. B. The Agreement was amended on April 9, 2002, in the amount of $27,586.00 (Amendment No.1), again on November 12, 2002, in the amount of $71 ,600.00 (Amendment No. 2), again on September 23,2003, in the amount of $26,300.00 (Amendment No.3), and again on February 24,2004, in the amount of $9,950.00 (Amendment No.4) and again on June 13, 2006 in the amount of $7,500.00 (Amendment No.5) and again on February 27,2007 in the amount of $4,006.25 (Amendment No.6) for additional Environmental Engineering Services. The Agreement as amended shall be referred to as the "Agreement." C. The parties now desire to increase the amount of payment in the amount of $9,100.00 and amend the Agreement as set forth in this Amendment. 2. Exhibit A to the agreement is hereby amended for the additional environmental services as set forth on Exhibit "A-7" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 3. Paragraph "a" of Section 5 of the Agreement is hereby amended to read as follows: PAYMENT. 5 a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B-7, 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-70ther than the payment rates and schedule of payment are null and void. The Seventh Amendment amount which includes the additional environmental services shall not exceed Nine Thousand One Hundred Dollars llnd No Cents ($9,100.00) fora total contract amount of One Hundred Seventy Six Thousand Nine Hundred Five Dollars and Twenty Five Cents ($176,905.25), for the total term of the Agreement unless additional payment is approved as provided in the Agreement. 1 R:\CIP1PROJECfS\PW99\99-11 PEeR PKWY PHASE II STREET IMPROVS\ENVIRONMENTALIBRANDMAN AMEND 7.Doe 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 (714) 508-4100 Thomas J. McGill, PhD., Regional Manager Loye E. Peternell, CFO (Two Signatures Required For Corporations) 2 R:\CIP\PROJECFSIPW99199-11 PEeH PKWY PHASE II STREET lMPROVS\ENVIRONMENTAL\BRANDMAN AMEND 7.Doe EXHIBIT "A-7" 3 R:\ClPIPROJECfSIPW99\99-Il PEef{ PKWY PHASE 1I STREET IMPROVSIENVIRONMENTALIBRANDMAN AMEND 7.DOC EXHIBIT "B-7" 4 R:\CIPIPROJECTSIPW99\99-11 PEeH PKWYPHASE II STREET IMPROVSIENVIRONMENTALIBRANDMAN AMEND 7.DGe JlII...'IJ..".... . ___ C;;%!J"+:tI.. ">.';.1 .. "-;'-"\.". 'C",>._, ,;:,;~:; - :::?i\ .. f'f~f,~~ "1 II..... in,'::; ., ..",-, ~ .'.,.j'-':,- , -.., "."'~;' --~, Michael Bmndman Associates October 15, 2007 Steven W. Beswick, P.E.-Associate Engineer City ofTemecula Department of Public Works P.O. Box 9033 Temecula, CA 92589-9033 Subject: Proposal to Provide an Updated Habitat Mitigation and Monitoring Plan for Mitigation of Impacts to Wolf Valley Creek Channel City of Temecula, Riverside County, California Dear Mr. Beswick: Michael Brandman Associates (MBA) is pleased to provide this proposal to provide an updated Habitat Mitigation and Monitoring Plan (HMMP) for impacts to Wolf Valley Creek Channel in the City ofTemecula, Riverside County, California. The HMMP is required for impacts to United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Game (CDFG)jurisdiction within the channel as a result of the Pechanga Parkway Phase II Improvements Project and the Lower Reach-Pechanga Parkway Phase II Improvements Project. MBA originally prepared an HMMP for the project in October 2004. Based upon information you have provided to us, the mitigation site location has been moved to a proposed 1.7-acre site within Ternecula Creek approximately 1,000 feet upstream of the original site location. The site also includes a 0.57-acre temporary grading easement to provide hydrologic flows from Temecula Creek. We understand from you that the regulatory agencies have approved the location of the new mitigation site and are now requesting an updated HMMP for the project. MBiXs proposal includes tasks for reviewing existing project documentation and evaiuating the proposed location for the new mitigation site, providing an updated HMMP, and project management and client coordination. Please indicate your acceptance of this proposal in the space provided below. We are prepared to begin work immediately upon authorization to proceed, and receipt of a signed contract. After your acceptance of the proposal, please forward the enclosed MBA contract for signature by a City ofTemecula authorized agent. MBA staff assigned to this project will include Scott Holbrook, Resource Ecologist, and the undersigned, Steve Hongola, Project Manager/Bioiogist. E'';VJHU'';~,U::Y'I':\LSL'RVU:L;';. PL:\N\il!'!l;. "\J/\I'URAL H.F.:;()[l,'YS \'r'\"1\,-\(~;<'\II.:--n' ww"'." .h: "ndrn.<ln.l'orn H,ike.:."!"i,;;, (,(,I :U4:(75.';. I-'u-"~n', ';.5') i'F,,:-.;i! ,J'Y!,,, ., 14_C,{;~iA lell 1",1n-, ''1(< i';,.:r>\1).lcnt,> 'Jj(S ~,,"'; ii'k., ,';"t, B:;rn;",~;,~,) !'j!) ,"!7:"; "-?:';~; ~.J.:l i(;J.rn<,l' '}J.3.<<:;rl.X;"d Steven W. Beswick, P.E.-Associate Engineer City ofTemecula Department of Public Works October 15, 2007 Page 2 If you should have any questions in regards to the enclosed scope of work and fees, please contact us at 714.508.4100. ~~ Steven J. Hongola Project Manager/Biologist Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 Accepted by: Steven W. Beswick City of Temecula Date Ene.: Attachment A: Scope of Work Attachment B: Fees and Schedule MBA Client Agreement for Professional Services MBA 2007 Fee Schedule H:\Clent if';.). i ,,\12i'''\.1.2,;<1-0(11.:W\12i?,jno.J :','FJ ""r-jlC"~,,I.:kG S;)1"-,,,, Proposal to Provide an Updated Habitat Mitigation and Monitoring Plan for to Creek Channel ATIACHMENT A: SCOPE OF WORK Scope of Work: Wolf Vallev Creok Channel HMMP Update Task 1: Review of Existing Documentation and Site Evaluation Prior to preparing the updated HMMP, MBA will review the existing documentation for the project, including regulatory permit requirements and the existing HMMP, The proposed mitigation site will then be surveyed and characterized to confirm its suitability for habitat restoration as mandated by relevant permit conditions, This task includes directly inspecting and mapping the existing vegetation at the proposed mitigation site and may also involve coordination with the project engineer regarding the site's hydrologic characteristics, It should be noted that this scope and budget may be refined based on the outcome of the site evaluation, Task 2: Preparation of Updated HMMP MBA will prepare an update to the HMMP for Mitigation of Impacts to Wolf Valley Creek Channel, specifically tailored for the proposed 1.7-acre mitigation site and 0.57-acre grading easement, in accordance with USACE guidelines. Preparation of the updated plan will entail developing new text and and graphic exhibits to describe the new mitigation area, the conceptual plan for establishing riparian habitat in the new location, and detailed methods for implementation. The HMMP will describe the methods and specifications forthe establishment of native vegetation similar in composition to riparian habitat within Temecula Creek and Wolf Valley Creek Channel. It will identify the appropriate plant materials and specify revegetation procedures based on the site's characteristics and the best suited vegetation and installation techniques, The performance standards and monitoring procedures used to evaluate the restoration effort may also need to be updated or refined based on the updated restoration concept and any inherent variations from the previous plan that may warrant different standards or monitoring methods. However, it is not anticipated that specifications related to documentation requirements would change as compared with the prior HMMP, It is our understanding that the City ofTemecula will retain the responsibility for all coordination with the regulatory agencies for this project Therefore, it is understood that the City will coordinate regulatory agency approval of the updated plan. A draft HMMP will be submitted to the client Based on one set of review comments from the client and the regulatory agencies, a final report will be prepared. Task 3: Project Management and Client Coordination MBA is firmly committed to developing and maintaining close working relationships with the Client and their project team. Emphasis on communication, as well as involvement by MBA principals and senior staff in all projects, results in performance that satisfies project objectives, government requirements and client needs. Regular communication between MBA and the project team, including landscape contractors, engineers, and other consultants is key to ensuring that project plans are based upon the expertise provided by all disciplines. MBA has planned for twelve (12) hours of coordination for this project, including telephone, email, or written correspondence, as well as client meetings. Additional efforts beyond the above-designated hours will be provided on a time and material basis with prior approval of the Client Proposal to Provide an Updated Habitat Mitigation and Monitoring Plan to Creek Channel ATTACHMENT B: FEES AND SCHEDULE Fees and Schedule The total cost for completing the scope of work is $9,100. Changes to the scope of work or schedule could necessitate an adjustment to the total price. A breakdown of the costs of the individual tasks is provided below. Fees The fees for this proposal are provided below. The proposed fee is based on the scope of work described above, and includes all labor and direct costs. Fees by Task Task 1: Task 2: Task 3: Review of Existing Documentation and Site Evaluation Preparation of Updated HMMP Project Management and Client Coordination MBA Professional Fees Subtotal $ 2,800 4,800 1,500 $9,100 $9,100 FEE TOTAL The assumptions used in calculating the above fees are: o The price is valid for up to 90 days from the date of this scope, after which it may be subject to revision. , This price is based on completion of the work within the proposed schedule. If delays occur, an amendment of the price would be warranted to accommodate additional project management and other costs, and to reflect adjustments for updated billing rates. o Costs have been allocated to tasks based on MB!,;s proposed approach. During the work, MBA may, on its sole authority, re-allocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount ITEM NO, 14 Approvals City Attorney Director of Finance City Manager k ~ 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 27, 2007 SUBJECT: Seventh Amendment for Consultant Services for French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02- 11 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Avlin R. Odviar, Associate Engineer RECOMMENDATION: That the City Council approve the Seventh Amendment to the consultant agreement with Moffatt & Nichol Engineers in an amount not to exceed $14,573.36 for additional services necessary to complete the Project Report and Environmental Document for the French Valley Parkway / I nterstate-15 Over-Crossing and I nterchange Improvements - Project No. PW02-11; and authorize the Mayor to execute the amendment to the agreement. BACKGROUND: On January 14, 2003 the City Council approved an Agreement for Professional Consultant Services (Agreement), in the amount of $1,091,693.00, with Moffatt & Nichol Engineers to develop the Project Report and Environmental Document for the proposed French Valley Parkway / I nterstate-15 Over-Crossing and I nterchange Improvements - Project No. PW02-11 and to prepare the Plans, Specifications, and Estimate for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements, Phase I - Project Nos. PWOO-24/ PW07-04. Six amendments and five contract change orders have since been approved for additional services not included in the original Agreement or as needed to supplement existing tasks, bringing the total Agreement amount to $3,019,833.92. The Seventh Amendment covers additional professional services needed to complete the Project Report and Environmental Document, including a revised Geometric Approval Drawing (GAD) and Advanced Planning Study (APS), for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11; in an amount not to exceed $14,573.36. The revised GAD and APS will reflect design changes to the proposed collector/distributor system west of 1-15 in the area of Santa Gertrudis Creek. Design changes are necessary to eliminate identified conflicts between the proposed project and an existing storm drain system consisting of two 96" diameter pipes owned and operated by the Riverside County Flood Control District in an easement adjacent to the 1-15 right of way. With this amendment, the total Agreement amount is $3,034,407.28. FISCAL IMPACT: The City of Temecula has identified the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements within its Capital Improvement Program. Several funding sources are identified including Capital Project Reserves, Development Impact Fees, Transportation Uniform Mitigation Fees (TUMF), Measure A, Community Facilities District - Harveston, and others. Adequate funds are available in the project account 21 0-165-726 to cover the cost of this amendment. With this amendment, the total Agreement amount is $3,034,407.28. ATTACHMENTS: 1. Project Location. 2. Project Description. 3. 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(; 9 'a ..0 ~ e '" ~. ~~g o -;. ~ o~:: c.e~:t; 6 ,g f r-'r.:: - r--~)/) . c ~ "'''l 0"0'= - .. flj:j: - - n ;, ( ~.: E <(.Q ~ ", .:: 'r.;~ ~ .;~ ~ 0' U ~ go;S -,,- .g 2~ ~:; 2 ~ -=-5 ]a~ > ~ ~ 2 -= E 0;,.....;: e-o-;: :0': 88.9 .oo1fl "0 ' ~~~ :1:110 .- :::~~ ~ g 1{ ,:i:.:.:! ;:~>. ~ ;0 :JUi~ r:~ (. ~ ~ t , . " .~ :~ ~ f i , ~ 5 ~ " " ;s V ": '" v i": ;': ;', 1'~ ':1 " .; ;1 ",: ,,: '1; . . " SEVENTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MOFFATT & NICHOL ENGINEERS FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS, PROJECT NO. PW02-11 AND FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I PROJECT NOS. PWOO-24 and PW07-04 THIS SEVENTH AMENDMENT is made and entered into as of November 27, 2007 by and between the City of Temecula, a municipal corporation ("City") and Moffatt & Nichol Engineers ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On January 14, 2003 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement For Consultant Services, French Valley Parkway/l-15 Overcrossing And Interchange Improvement, Project PW02-11 & French Valley Parkway Interim Southbound Off-Ramp to Jefferson Avenue - Phase I" ("Agreement"), in the amount of One Million Ninety One Thousand Six Hundred Ninety Three Dollars and No Cents ($1,091,693.00). B. The Agreement was amended on May 24,2005 (Amendment #1) in the amount of Seven Hundred Ten Thousand Five Hundred Fifty Three Dollars and Forty Cents ($710,553.40) for environmental and traffic studies, a geometric design report, and initiation of the design for Phase 1, and again on February 14, 2006 (Amendment #2) in the amount of Twenty One Thousand Six Hundred Thirty Dollars and No Cents ($21,630.00) for additional traffic analyses, a Geometric Approval Drawing, Community Impact Assessment, and Paleotological Report, and again on December 12, 2006 (Amendment #3) in the amount of Two Hundred Eighty Three Thousand Nine Hundred Eighty Two Dollars and Fifty Two Cents ($283,982.52) for a Paleontological Resources Evaluation, Visual Impact Study, Air Quality Analysis for PM2.5, Noise Assessment, and environmental processing, and again on March 27, 2007 (Amendment #4) in the amount of Six Hundred Thirty Two Thousand Fifty Eight Dollars and No Cents ($632,058.00) for design of Phase I retaining walls and development of the Landscape Architectural and Aesthetic Master Plans, and again on June 26, 2007 (Amendment #5) in the amount of One Hundred Sixty Nine Thousand Dollars and No Cents ($169,000.00) for a revised Traffic Operations Analysis, New Connection Report, and Storm Drain Relocation Study, and again on November 6, 2007 (Amendment #6) in the amount of One Hundred Ten Thousand Nine Hundred Seventeen Dollars and No Cents ($110,917.00) for revised traffic studies, additional environmental mitigation strategies, additional air quality documentation, revised jurisdictional delineation, and a revised draft environmental document. C. The parties now desire to increase the payment for design services to complete a revised Geometric Approval Drawing and Advanced Planning Study, in the amount of Fourteen Thousand Five Hundred Seventy Three Dollars and Thirty- Six Cents ($14,573.36) and amend the Agreement as set forth in this Amendment. 2. Section 5a Pavment of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by 1 R:\CIP\PROJECTS\PW02\PW02-11 FVP Interchange, Project Report\ConsultantDocs\7th Amend Moffatt & Nichol.doc this reference as though set forth in full. The Seventh Amendment shall not exceed Fourteen Thousand Five Hundred Seventy Three Dollars and Thirty Six Cents ($14,573.36) for design services to complete the revised Geometric Approval Drawing and Advanced Planning Study, for a total agreement amount of Three Million Thirty Four Thousand Four Hundred Seven Dollars and Twenty Eight Cents ($3,034,407.28). 3. Exhibit A and 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. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Moffatt & Nichol Engineers P.O. Box 22648 Long Beach, CA 90801 (909) 937-0125 Shing-Ching R. Chan, P.E Principal in Charge Timothy J. Rellaford, P.E., Sf. Vice President Perry Schacht, P.E. Project Manager (Two Signatures Required For Corporations) 2 R:\CIP\PROJECTS\PW02\PW02-11 FVP Interchange, Project Report\ConsultantDocs\7lh Amend Moffatt & Nichol.doc ATTACHMENT A FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS, PROJECT NO. PW02-11 AND FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I PROJECT NOS. PWOO-24 and PW07.04 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 R:\CIP\PAOJECTS\PW02\PW02-11 FVP Interchange, Project Report\ConsultantDocs\7th Amend Moffatt & Nichol.doc -..-~~ MOFFATT & NICHOL CITY OF TEMECULA PROJECT NO. PW02-11 FRENCH VALLEY PARKWAY / INTERSTATE-IS OVER-CROSSING AND INTERCHANGE IMPROVEMENTS MOFFATT & NICHOL ENGINEERS AMENDMENT NO.7 - SUMMARY OF FEES l~~M'~~~f:~~~~ii~~j,~j~m~~~Bij,t~~.Q'~~~~~lSy~~~j;:::; TASK DESCRIPTION 1 Revise Geometric Approval Drawing 2 Revise Santa Gertrudis Creek Advanced Planning Study 3 Other Direct Costs ,-"'--':;';":":'-"""-f'" "::. .. -:".c ",," ..,.;.",,. ;i.:,:';,:'.:{::.':'(;;""?':'~':::"':"Y}::":""-' f';/,b?:'::'i~i:k;::\:;;-; i,:',,'..... :~, ;:,;,;j;',(i~ ;''>.'i~'; .. -''':C.c.',:"'-.:' $ $ $ TOTAL $ FEE 8,766.48 5,606.88 200.00 14,573.36 AMENDMENT NO.7. TOTAL FEE $ 14,573.36 ~~.[~ MOFFATT & NICHOL CITY OF TEMECULA PROJECT NO. PW 02-11 FRENCH VALLEY PARKWAY / INTERSTATE-IS OVER-CROSSING AND INTERCHANGE IMPROVEMENTS AMENDMENT NO.7 - SCOPE OF WORK Revised GAD and Revised Santa Gertrudis Creek SB cm Bridge APS GENERAL The City of Temecula (City) has requested Moffatt & Nichol (M&N) to revise the Geometric Approval Drawing and to revise the Santa Gertrudis Creek South Bound CollectorlDistributor (CID) Bridge over the Santa Gertrudis Creek - Advance Planning Study in accordance with the French Valley Parkway Storm Drain Relocation Study Alternative 5 Exhibit. Alternative 5 of the Storm Drain Relocation Study proposes to adjust the alignment of the CID road to avoid the existing 96 inch diameter cast-in- place concrete storm drains. The following are task items and description of anticipated work items: TASK 1- Revise Geometric Approval Drawing Revise the Geometric Approval Drawing to realign the Southbound CollectorlDistributor to avoid the existing storm drains: , Prepare Revised GAD drawing-plan view , Optimize profile , Prepare Revised GAD drawing-profile view and super elevation diagram , Check vertical and horizontal clearances and sight distance , Incorporate revisions into llx17 exhibit for submittal to Caltrans District 11 , Revise llx 17 exhibit for submittal to Caltrans Headquarters , Prepare final approved GAD drawing for signatures by Caltrans , Prepare necessary Fact Sheet for any non-standard items TASK 2 - Revise Santa Gertrudis Creek Advance Planning Study Revise the Santa Gertrudis Creek Advance Planning Study to realign the Southbound CollectorlDistributor to avoid the existing storm drains: . Prepare Revised Bridge General Plan , Prepare Revised Bridge General Plan Estimate , Check vertical and horizontal clearances, structure depth, and span lengths . Submit Revised General Plan package to Caltrans Head Quarters - Structures 3780 Kilroy Airport Way, Suite 600, Long Beach, California 90806 (562) 426-9551 Fax: (562) 424-7489 lIIu~~~ MOFFATT & NICHOL , Revise General Plan package based on comments by Caltrans Head Quarters - Structures and resubmit . Compare bridge impact to hydraulics with original proposed bridge Project Deliverables: , Preliminary Geometric Approval Drawing llxl7 to Caltrans District 8 (10 hard copies, 2 electronic copies) , Preliminary Geometric Approval Drawing llxl7 to Caltrans Headquarters (10 hard copies, 2 electronic copies) . Final Geometric Approval Drawing full size to Caltrans District 8 (2 copies for signature, 2 electronic copies) , Preliminary Santa Gertrudis Creek Advance Planning Study to Caltrans Headquarters (5 copies) , Final Santa Gertrudis Creek Advance Planning Study to Caltrans Headquarters (5 copies) , Two hard copies of all submittals with transmittal to City of Temecula , Include updates in future publications of the Project Report, New Connection Report, and Environmental Document Project Schedule: , Initial GAD submittal , Initial Bridge APS submittal , Subsequent submittals 2 weeks 2 weeks I week following receipt of comments The following items are excluded from this scope of work: , River Hydrologic Study . Geotechnical , Final Design . Estimate of Right-of-Way , Site Survey , Utility Conflict Coordination (included in separate proposal) Page 20f2 I . ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ . ~ .' 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" '" 8 " j , ~ . .~ ffi .. i .~ " il ~ ~ii . . i ,,~ ~ ~:~ Q ~!~I- ~ ~ i! ei;::,;i !fi ~ ~.., , . c, ~i~i~i ITEM NO, 15 Approvals City Attorney Director of Finance City Manager 1r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: November 27, 2007 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Old Town Infrastructure Project - Town Square and Mercedes & Main Street Improvement Plans; PW06-07 PREPARED BY: Greg Butler, Deputy Director, CI P Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN INFRASTRUCTURE PROJECT AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS (TOWN SQUARE AND MERCEDES AND MAIN STREET IMPROVEMENT PLANS, PW 06-07) BACKGROUND: On June 27, 2006 the City Council approved the master plan for Phase 1 of the Old Town Civic Center, which among other things includes the construction of the Town Square and the Mercedes and Main Street improvements within the area of the proposed Civic Center. The Town Square work includes, but is not limited to: grading, drainage, utility work (i.e., site electrical, sound, lighting, water, etc.), hardscape, landscaping, irrigation, planting and a 3-level ornamental fountain with an underground pump/equipment vault. The street improvements include, but are not limited to: the widening and reconstruction of Mercedes Street between 2nd and 6th Streets, the abandonment and removal of 3rd Street east of Mercedes Street, the abandonment and removal of Main Street midway between Old Town Front Street and Mercedes easterly and the construction of Main Street to a new "U" shape alignment. The street improvements include, but are not limited to the following: grading, utility installations, relocations and/or removals, storm drain system, street improvements, driveway modifications, signage & striping, traffic control, construction phasing and any other appurtenant item of work necessary to complete Mercedes and Main Street improvements. The plans and specifications have been completed and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Work's office. The Engineer's Construction Estimate for this project is $3,000,000. FISCAL IMPACT: The project is included in the FY08-12 as the Old Town Infrastructure Projects - Town Square and Mercedes & Main Street Improvements, and is funded through Redevelopment Agency Bonds. Adequate Funds are available in Project Account Nos. 210-165- 643-5804 and 210-165-636-5804. ATTACHMENTS: 1. Location Maps 2. Project Descriptions 3. Resolution RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE OLD TOWN INFRASTRUCTURE PROJECT AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS (TOWN SQUARE AND MERCEDES AND MAIN STREET IMPROVEMENT PLANS, PW 06-07) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Council hereby approves the plans and specifications in substantially the form on file in the office of the Director of Public Works for the Town Square and Mercedes and Main Street Improvement Plans for the Old Town Infrastructure Project (PW 06-07) in accordance with the Civic Center Master Plan. 2. The City Council further authorizes the Department of Public Works to solicit construction bids for the Town Square and Mercedes and Main Street Improvement Plans for the Old Town Infrastructure Project (PW 06-07). 3. As part of the approvals set forth in this Resolution, the City Council hereby finds, determines and declares that: A The Old Town Civic Center Master Plan is specifically described in the Initial Study prepared for the Old Town Civic Center Master Plan and is comprised of three major components that will be constructed in phases on a 6.75-acre site at the corner of Mercedes Street and Main Street. Phase one is described as the construction of a multiple level parking structure that will accommodate, a maximum of 480 vehicles and approximately 12,000 square feet of office space, the construction of a civic plaza on not more than one acre and improvements to 1,800 feet to both sides of Mercedes Street (intersections, streetscape and undergrounding of utilities). The second phase is described as the construction of an approximately 93,500 square foot city hall and civic center. A final phase is described as the construction (by others) of approximately 52,000 square feet of retail office space. The retail component is purposely overstated to account for the maximum potential impacts of the project. A portion (approximately 50%) of the retail component is more likely to accommodate office type uses. B. On June 26, 2006, the City Council held a duly noticed public hearing on the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Plan and the Old Town Civic Center Master Plan at which time all persons interested in the Mitigated Negative Declaration, Mitigation Monitoring Program and Old Town Civic Center Master Plan had the opportunity to and did address the City Council on these matters. C. On June 26, 2006, the City Council adopted Resolution No. 06-58 approving the Mitigated Negative Declaration for the Old Town Civic Center Master Plan ("Mitigated Negative Declaration"). In adopting Resolution No. 06-58 the Council made the following findings: 1) Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the approval of the Civic Center Master Plan as described in the Initial Study (the "Project"). Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. 2) Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on May [17], 2006 and expired on June [26], 2006. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92589. 3) One written comment was received prior to the public hearing and a response to all of the comments made therein was prepared, submitted to the Council and incorporated into the administrative record of the proceedings 4) The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 26, 2006 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. D. A Notice of Determination was filed with the County Clerk of Riverside County on June 27, 2006 as required by law. E. On April 10, 2007 the Council approved the Old Town Civic Center Phase II Master Plan in reliance on the Initial Study and Mitigated Negative Declaration approved for the Old Town Civic Center Master Plan on June 26, 2007 by Resolution No. 06-58. F. The improvements described in the plans and specifications for the Town Square and Mercedes and Main Street Improvement Plans for the Old Town Infrastructure Project (PW 06-07) are a part of the Old Town Civic Center Master Plan and were all considered and studied in the Initial Study and Mitigated Negative Declaration. The Old Town Civic Center Master Plan described in the Mitigated Negative Declaration has not changed since its adoption. There are no new significant effects will be caused by construction of the improvements described in the plans and 2 specifications for the Town Square and Mercedes and Main Street Improvement Plans for the Old Town Infrastructure Project (PW 06-07). Nor will the construction of said improvements increase the severity of any previously identified impacts. The impacts will remain the same as analyzed in the Mitigated Negative Declaration. G. No new circumstances exist that could introduce new significant effects or increase the severity of previously identified impacts of the Old Town Civic Center Master Plan or the plans and specifications for the Town Square and Mercedes and Main Street Improvement Plans for the Old Town Infrastructure Project (PW 06-07) analyzed in the Mitigated Negative Declaration. H. No new information exists that suggests new significant effects or that increases the severity of previously identified effects analyzed in the Mitigated Negative Declaration. Nor does any new information exist that suggests new mitigation measures or suggest that mitigation measures previously identified as infeasible are in fact feasible. I. Therefore, because there are no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the City Council finds pursuant to Sections 15162 and 15163 of the California Environmental Quality Act Guidelines (14 Cal. Code Regs. SS 15000 et seq.) that a supplemental or subsequent EIR need not be prepared, and that the City may rely on the Mitigated Negative Declaration to approve the construction of the improvements described in the plans and specifications for the Town Square and Mercedes and Main Street Improvement Plans for the Old Town Infrastructure Project (PW 06-07). 4. The City Clerk shall certify the adoption of this Resolution in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 2ih day of November, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 2ih day of November, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 4 ...... ~ ';E A ~ ~ ~ ~ rJ) ~ e ~ ';E . z o h o o >4 '""' \:,,) \:; o ~ I'l-. rJ) t e; ~ po. ~ t ~ ~ a ~ 7- t~ ~~ '8~ ~ ~ <-< <C " .- o ... po. /1e .J.nllt/1:!i { ..1..J.ne 1It7:!iO:!i 'Ii :!i/1cJ ~ ~ 0.l1\11<13UlOO a: If; i=' .(~ ~p, "1ft 0/1 ON31:!OW 1-~~ ",~~y-- <(y--v"\f- 0> ,... ,.-< z .4.. I"l '" ~ 00 ,.-< p CI rJ) 7- ~ \ 0 ... , rJ) ... 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S " a '-I" g " 0 ""C> .~ C> ? .;- t)~ " M '0' ~"'" C> .-< . ~ C> '" "" ~ C> ~ 00 00 00 ...:;"': ~~ MM "",,,,,, ~OOON QOt;;ggg~ q ~"':;o6cn t-r--o\.OtClrfJ a 0 (<).q- ~ M M li:Af;;A$$fFJ <f;J '" '" .. """ .-;~~ SA ~S ~ '" u <C " .~ '" ... ~~ ~~ ~ ~ ~,... <f;J ~ M "'" if> ... ~ '6Q g &1 ..... ~ ~ ~ 0 0 1;j '.p ,p '" " <> .% ~ ~ ~ $ -% g g'~ % ...UU......<--' '" '" ..... ';F; 1 ~6- ~ '?' ~ ~ ~g, ..( ..... g "" ge~ :;;- % '" $'O~ \)- .o<'l ~{:. ;;, ~ 8:a ~! 0"<> .. .. ... <> S 'a ~~ ITEM NO. 16 Approvals City Attorney Director of Finance City Manager 12 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mark Harold, Director of Building and Safety DATE: November 27, 2007 SUBJECT: Continuance of the 2007 Building Code Amendment RECOMMENDATION: That the City Council continue the Public Hearing on the proposed 2007 Building Code Amendment Adoption to the December 11, 2007 Public Hearing Meeting. FISCAL IMPACT: None. ATTACHMENTS: None. TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 17 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT NOVEMBER 6, 2007 A regular meeting of the City of Temecula Community Services District was called to order at 7:35 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Edwards, Naggar, Washington, Comerchero ABSENT: 1 DIRECTORS: Roberts. Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 1 Minutes RECOMMENDATION: 16.1 Approve the minutes of October 23, 2007. MOTION: Director Edwards moved to approve the Consent Calendar. Director Washington seconded the motion and electronic vote reflected approval with the exception of Director Roberts who was absent. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No reports at this time. CSD GENERAL MANAGERS REPORT City Manager commended Director of Community Services Community Services Director Parker and the Community Services Department for its efforts with respect to recent fire tragedy. CSD BOARD OF DIRECTORS REPORTS Mayor Washington praised City staff forits hard work and dedication with respect to efforts at the evacuation centers throughout the City. R:\Minutes\110607 CSD ADJOURNMENT At 7:38 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, November 27, 2007, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\110607 2 ITEM NO. 18 Approvals City Attorney Director of Finance City Manager ::r 0Cl, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 27,2007 SUBJECT: Guide to Leisure Activities Brochure PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approve a Professional Services Agreement between the Temecula Community Services District and Graphics Unlimited in the amount of $68,400 annually plus a 10% contingency in the amount of $6,840. BACKGROUND: A Request for Proposal (RFP) was released by the Community Services Department to solicit proposals for the development and professional production of the forty-eight page Guide to Leisure Activities Brochure distributed to Temecula residents bi-annually. The professional services necessary to produce such a document includes graphic design, two- color and four-color printing, binding, and direct delivery to the U.S. Post Office for bulk mail delivery. Request for Proposals (RFP) were received by eight printing and graphic professionals throughout the region. Staff members from various departments interviewed the top three firms and determined that Graphics Unlimited is the lowest priced, most qualified firm to provide such service in accordance with Temecula Municipal Code Section 3.28.245. Graphics Unlimited can produce the brochure at one location with a qualified on staff graphics artist, on-site printing, binding and complete preparation for mailing. With an all inclusive in-house operation there is no need for work to be sub-contracted thus ensuring non-interruption of the production process. Graphics Unlimited has a produced the Guide to Leisure Activities Brochure for the past twelve years and we are pleased to report that seven of the brochures produced by this firm have been recognized as state award winning brochures by the California Parks and Recreation Society. It has been continually proven that the Guide to Leisure Activities Brochure is the most successful marketing piece the Community Services Department produces. It also serves to strengthen our community's image by providing pertinent information and promoting participation in recreational experiences that support, and strengthen each individual's well-being which in turn enhances the overall quality of life for all residents of Temecula. FISCAL IMPACT: The cost necessary to provide the professional services necessary to produce the Guide to Leisure Activities Brochure for is $68,400 plus a 10% contingency in the amount of $6,840 annually. Funding is available in 190-180-999-5222, 190-183-999-5222 and 190- 190-999-5222. ATTACHMENTS: Agreement AGREEMENT FOR PROFESSIONAL SERVICES BElWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND GRAPHICS UNLIMITED GUIDE TO LEISURE ACTIVITIES BROCHURE THIS AGREEMENT is made and effective as of November 27, 2007, between the Temecula Community Services District, a municipal corporation ("District") and Graphics Unlimited ("Vendor") In consideration of the mutual covenants and conditions set forth herein, the parties agree as follo\NS: 1. TERM. This Agreement shall commence on November 27, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 15, 2009, unless sooner terminated pursuant to the provisions of this Agreement. The District may, upon mutual agreement, extend the contract for one (1) year additional term. In no event shall the contract be extended beyond January 15, 2010. 2. SERVICES. Vendor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Vendor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Vendor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District 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.qov Vendor 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. Vendor 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, Vendor shall forfeit to the District, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract 5. PAYMENT. a. The District agrees to pay Vendor, 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 Sixty Eight Thousand Four Hundred Dollars and No Cents ($68,400.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement P:\Finance\Agreement Samples.2007\Consultant-Prof Srvc Agrmnt. Sample. Revised 20071 Updated 6/28/07 which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the District Manager. Vendor shall be compensated for any additional services in the amounts and in the manner as agreed to by District Manager and Vendor at the time District's written authorization is given to Vendor for the performance of said services. The District Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the District Board. a. Vendor will submit invoices for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the District disputes any of Vendor's fees it shall give written notice to Vendor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. b. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least ten (10) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. c. In the event this Agreement is terminated pursuant to this Section, the District shall pay to Vendor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Vendor will submit an invoice to the District pursuant to Section 5. 7. DEFAULT OF VENDOR. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Vendor is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the District Manager or his delegate determines that the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with written notice of the default. The Vendor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Vendor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 8. OWNERSHIP OF DOCUMENTS. a. Vendor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by District that relate to the performance of services under this Agreement. Vendor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Vendor shall provide free access to the representatives of District or its designees at reasonable times to such books and records, shall give District the right to examine and audit said books and records, shall permit District to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the Vendor. With respect to computer files containing data generated for the work, Vendor shall make available to the District, upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, 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, District and/or Agency, 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 Vendor'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 District. 10. INSURANCE REQUIREMENTS. District 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 Vendor, 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 0692 covering Automobile Liability, code 1 (any auto). If the Vendor 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 Vendor has no employees while 3 performing under this Agreement, worker's compensation insurance is not required, but Vendor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Vendor shall maintain limits no less than: 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 project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) 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 must be declared to and approved by the District Manager. At the option of the District Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District its officers, officials, employees and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The District, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects the District, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provIsions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. 4) The Vendor'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 District. 4 6) If insurance coverage is canceled or, reduced in coverage or in limits the Vendor shall within two (2) business days of notice from insurer phone, fax, and/or notify the District via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AVII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Vendor shall furnish the District 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 District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Vendor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor's officers, employees, or agents except as set forth in this Agreement. Vendor 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 District. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Vendor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Vendor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Vendor 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 Vendor shall at all times observe and comply with all such ordinances, laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Vendor in performance of this Agreement shall be considered confidential and shall not be released by Vendor without District's prior written authorization. Vendor, its officers, employees, agents or subcontractors, shall not without written authorization from the District Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court 5 order shall not be considered "voluntary" provided Vendor gives District notice of such court order or subpoena. b. Vendor shall promptly notify District should Vendor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Vendor and/or be present at any deposition, hearing or similar proceeding. Vendor agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Vendor. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To District via U.S. Mail: Temecula Community Services District Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To District via Courier Service: 43200 Business Park Drive Temecula, California 92590 Attention: District Manager To Vendor: Graphics Unlimited 43171 Business Park Drive Temecula, CA 92590 Attention: Stan Schroeder 15. ASSIGNMENT. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. Upon termination of this Agreement, Vendor'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 District Board and the Vendor. 16. LICENSES. At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The District and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to 6 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 District. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the District shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the District that no officer or employee of the District has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Vendor or Vendor's sub-contractors on this project. Vendor further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President ATTEST: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: Peter M. Thorson, City Attorney VENDORANT: Graphics Unlimited 43171 Business Park Drive Temecula, CA 92590 Phone: 695-2444 Fax: 695-2544 By: Name: Title: 8 EXHIBIT A TASKS TO BE PERFORMED RECREA TlON BROCHURE SPECIFICA TlONS AND SCOPE OF WORK The purpose of this project is to provide the City of Temecula with a professional guide to City leisure activities. It is envisioned that the end result of this project will be used to inform the general public of all leisure, sports, special events, social and cultural activities and services available through the Community Services Department. SPECIFICATIONS . Vendor will be responsible for the coordination of the entire project. Vendor agrees to meet and/or confer with District staff on an ongoing basis to develop, design, refine, and print a Recreation Brochure. . Produce two (2) issues of the City of Temecula's Guide to Leisure Activities. Brochures must be distributed December 10, 2007; May 12, 2008; December 12,2008 and May 18, 2009. . Vendor will supply District staff with a production schedule. Vendor will guarantee the brochure will be timely prepared for distribution by direct mail. . The brochure will be 8-1/2" x 11 ". . A minimum of 37,000 printed and bounded copies of each issue will be required for distribution. . The brochure will be a 48 page Saddle Stitched book. . 32 pages of 2/2 (2 colors both sides) black and a PMS color. . 16 pages of 4/4 (4 colors both sides) process. (The 16 page form will be cut in Y:! and used as (2) 8 page forms.) . Page breakdown as follows: . Pages 1-4 = Full Color . Pages 5-20 = 2 Color . Pages 21-28 = Full Color . Pages 29-44 = 2 Color . Pages 45-48 = Full Color . The brochure will be a 70 lb. dull coated book using high quality ink and prints. . Vendor shall provide any camera-ready artwork, photos, or graphics that are requested or are related to the design and concept of the brochure that will enhance the visual depiction of outlined activities, amenities and services. . Vendor shall provide map and chart to identify park locations and amenities. . The front cover photo shall encompass the entire page (i.e.: 8-1/2 x 11"). . Arrange for the completion of design, typesetting layout and paste-up of all artwork, and pages to be camera-ready for printing. 9 . Submit adequate proofs for approval, as needed, by the Community Services Department prior to printing. Any final printing of the brochure without a final approval from authorized Community Services staff will result in non-payment. . The District recognizes its role in certifying the accuracy of the publication. The Vendor shall be responsible for guaranteeing the accuracy of the publication from receipt of the approved final proof to the printing press. . Divide brochure by postal route, label, route, and deliver to the U.S. Post Office for bulk direct mail delivery, and to the Community Services Department office located at 43200 Business Park Drive, Temecula. 10 EXHIBIT B PAYMENT RATES AND SCHEDULE 11 City of Temecula "Exhibit B" PROPOSED FEES The City recognizes the Vendor may not be able to project costfor a two (2) year period. Please provide an estimated publication cost not to exceed 10%. The proposedfees associated with this project shall be submitted as follows, 1 have included all associated costs within this quote: Section I (Based upon a fortv-dellt page brochure at 37,000 copies) Please note: The prices below with sale tax included are bascd on us delivering 35,000 Guide to the post office for mailing and he rest to the City Hall. Also any paper increase on future issues will be extra and you will be notified in advance. A. December 10. 2007 publication cost $ 34.200.00 (Please include tax) B. May 18, 2008 publication cost $ 34,200.00 (Please include tax) c. December 12, 2008 publication cost $ 34,200.00 (Please include tax) D. May 18, 2009 publication cost $ 34.200.00 (Please include tax) Section II (Option year based upon a fortv-eiellt page brochure at 37,000 copies) A. December 12. 2009 publication cost $ 34,200.00 (Please include tax) B. May 14,2010 publication cost $ 34.200.00 (Please include tax) Section III (Additional cost should numbers of brochures necessary exceed 37,000 copies) A. Per 1,000 copies $ 760.00 (Please include tax) By signing this Request for Proposal, Vendor has read and will comply with all terms and conditions herein, which includes a penalty cla"/) JkJ ~tJl::7JE12-J tf{j/))'=1L, ~J7 Signature of Authorized Representative Name, Title and Date Revised Form ITEM NO. 19 Approvals City Attorney Director of Finance City Manager ::r 0Cl, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 27, 2007 SUBJECT: Fifth Amendment to the Midori Gardens, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Fifth Amendment with Midori Gardens, Inc., for continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas in the amount of $433,961.00. 2. Authorize the General Manager to approve additional work not to exceed the contingency amount of $43,396.10 which is equal to 10% of the Amendment. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Midori Gardens, Inc. to provide landscape maintenance services for neighborhood parks in the amount of $360,000.00 annually. The First Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $411,600.00 which provided for an annual 3% CPI increase and allowed for continued landscape maintenance services of neighborhood parks. The Second Amendment was approved on June 28,2005 in the amount of $71,574.00 to authorize the addition of the Redhawk Park Sites (A, B, E, F) and general maintenance of the tennis courts at the Temecula Valley High School through December 31,2005. The Third Amendment was approved on November 22, 2005 in order to authorize the annual expenditure of $659,383.00 which provided for an annual 4.7% CPI price increase and to allow for continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through December 31, 2006. The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual expenditure of $867,922.00 which provide for an annual 3.4% CPI price increase and to allow for continued landscape maintenance services for neighborhood parks, Patricia H. Birdsall Sports Park, new and supplemental landscape maintenance areas through December 31,2007. The Fifth Amendment is now requested to authorize the January 1, 2008 to June 30, 2008 expenditure of $433,961.00 plus10% contingency, to provide continued landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance areas through June 30, 2008. FISCAL IMPACT: The cost of the Fifth Amendment for services to be provided through June 30, 2008 is $433,961.00 plus an additional ten percent (1 0%) contingency. There are sufficient funds in the TCSD Budget through June 30, 2008 in the following accounts: 190-180-999-5415 190-180-999-5212 196-180-999-5415 196-180-999-5212 ATTACHMENTS: 1) Amendment No 5. FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND MIDORI GARDENS, INC. FOR MAINTENANCE SERVICES THIS FIFTH AMENDMENT is made and entered into as of November 27, 2007 by and between the Temecula Community Services District, a municipal corporation ("City") and Midori Gardens, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $360,000 annually. B. The first amendment was approved on December 14, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $411,600.00 C. The second amendment was approved on June 28, 2005 in the amount of $71,574.00 to authorize the addition of the Redhawk Park Sites (A, B, E, F) and general maintenance of the tennis courts at the Temecula Valley High School. D. The third amendment was approved on November 22, 2005 to increase the payment for the annual 4.7% Consumer Price Index (CPI) adjustment and for additional services in the amount of $659,383.00 and amend the Agreement as set forth in this Amendment. E. The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual expenditure of $867,922.35 which provide for an annual 3.4% CPI price increase and to allow for continued landscape maintenance services areas through June 30, 2008. F. The parties now desire to increase the payment of $433,961.00 for landscape maintenance services and new and supplemental landscape maintenance areas through June 30, 2008 and amend the Agreement as set fort in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2008. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payments rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The fifty amendment amount shall not exceed Fourth Hundred Thirty Three Seven Thousand Nine Hundred Sixty One and 00/100 dollars ($433,961.00) through June 30, 2008. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863585.doc The total contract amount is Two Million Eight Hundred Four Thousand Four Hundred Forty and 35/100 dollars ($2,804,440.35) for the term of the Agreement, unless additional payments are approved as provided in this Agreement". 4. Except for the changes specifically set forth herein, all other terms and condition of the Agreement shall remain in full force and effect. IIIIII C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863585.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Midori Gardens, Inc. 3231 S. Main Street Santa Ana, CA 92707 (714)751-8792 (phone) (714)751-4167 (fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863585.doc EXHIBIT A Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site # Site Name Monthlv Price Annual Price P-1 Veterans Park $ 1,579.75 $ 19,601.54 P-2 Sam Hicks Monument Park 1,760.61 21,127.35 P-3 Calle Aragon Park 145.25 1,742.95 P-4 Bahia Vista Park 145.25 1,742.95 P-5 Loma Linda Park 1,320.46 15,845.51 P-6 Riverton Park 2,200.77 26,409.19 P-7 John Magee Park 440.14 5,281.71 P-9 Voorburg Park 110.03 1,320.34 P-10 Nicolas Road Park 1,320.46 15,845.51 P-11 Butterfield Stage Park 1,320.46 15,845.51 P-12 T emecula Duck Pond 3,081.07 36,972.86 P-13 Rotary Park 264.08 3,169.00 P-14 Nakayama Park 110.03 1,320.34 P-15 Winchester Creek Park 1,760.61 21,127.35 P-16 Long Canyon Creek Park 1,376.21 16,514.55 P-17 Vail Ranch Park 6,778.08 81,336.92 P-18 Stephen Michael Linen Jr. Memorial Park 880.30 10,563.55 P-19 Pablo Apis Park 880.30 10,563.55 P-20 Crowne Hill Park 1,584.53 19,014.39 P-21 Meadows Park 2,200.77 26,409.19 P-22 Pauba Ridge 2,200.77 26,409.19 P-23 Serena Hills Park 1,430.49 17,165.85 P-24 Harveston Lake Park 3,680.83 44,170.00 SS-1 Via Eduardo Streetscape 140.07 1,680.79 FC-1 Nada Lane 111.51 1,338.08 T-1 Santa Gertrudis Trail 256.46 3,077.56 P-25 Sunset Park 787.04 9,444.47 P-26 Paseo Gallante Park 884.47 10,613.68 P-27 Temecula Creek Trail Park 3,513.03 42,156.30 P-28 Redhawk Community Park 7,091.02 85,092.20 SP-8 Patricia H. Birdsall Sports Park 15,510.00 186,120.00 SC-4 Temecula Valley High School Tennis Court 638.73 7,664.79 P-29 Wolf Creek Linear Park (North) 1,582.02 18,984.24 P-29A Wolf Creek Linear Park (South) 1,830.18 21,962.16 P-30 Wolf Creek Neighborhood Park 3,122.68 37,472.16 C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863585.doc T-2 Temecula Creek Village Trail EXHIBIT A (Continued) TOTAL 234.72 2,816.62 $ 72.326.86 $ 867.895.25 Authorized Signature C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863585.doc Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Neighborhood Park Service Area Price per Square Foot Monthlv Annuallv N/A sq. ft. .0103 .123 sq. ft. .0155 .186 sq. ft. N/A sq. ft. N/A sq. ft. .0072 .086 sq. ft. N/A per field N/A per field Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. Includes trash removal). Authorized Signature C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863585.doc Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) 1. Mowing (Including bagging of clippings) 2. Edging 3. String Trimming 4. Aerification (Core/3") 5. Aerification (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement only) 9. Materials (Fertilizer, Soil Amends) Unit Cost $ .0244 .0055 .0053 .0005 .0078 21.15 33.40 .0007 20% II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) $ 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. Pruning/Trees (To 18') 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) .0055 .0166 .0334 55.68 21.15 33.40 .0007 .0334 20% III. Plant Material (Installed. all areas) 1. Annual Color (4" Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon 6. 24" Box Tree 7. Seeded Turf 8. Sodded Turf 9. Hydroseed 10. Soil Preparation (Existing area) 11. Soil Preparation (New area) 12. Wood Mulch $ 1.737 17.81 6.68 17.81 72.38 278.40 .3340 1.113 .6680 .3340 .4446 55.68 IV. Irrigation System Maintenance $ 27.83 27.83 20% 1. Inspection 2. Repair (Main line, Lateral line, Sprinklers) 3. Parts V. General Pest Control 1. Written Recommendation by PCA $ 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material 66.81 38.97 27.83 20% C:\Program Files (x86)\Neevia.Com\Document Converter\temp\863585.doc sq. ft. linear ft. linear ft. sq. ft. sq. ft. per man hr. per man hr. sq. ft. mark-up linear ft. sq. ft. sq. ft. each per man hr. per man hr. sq. ft. sq. ft. mark-up each flat each each each each sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. cu. yd. (applied) per hr. per hr. mark-up each per hr. per hr. mark-up ITEM NO. 20 Approvals City Attorney Director of Finance City Manager ::r 0Cl, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: November 27, 2007 SUBJECT: Fifth Amendment to the Excel Landscape, Inc. Maintenance Services Contract PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the Fifth Amendment with Excel Landscape, Inc., to provide continued landscape maintenance services and the addition of new and supplemental landscape maintenance service areas for $860,553.00. 2. Authorize the General Manager to approve additional work not to exceed the contingency amount of $86,055.30 which is equal to 10% of the Amendment. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Excel Landscape, Inc. to provide landscape maintenance services for medians, facilities and the south slope areas in the amount of $480,350.00 annually. The First Amendment was approved on May 11, 2004 in order to increase payment in the amount of $406,205.00 for the addition of landscape maintenance services of sports parks, north slope areas and to allow for the addition of supplemental landscape services. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1 ,397,340.00 which provided for an annual 3% CPI price increase and allowed for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. The Third Amendment was approved on November 22, 2005 in order to authorize the annual expenditure of $1 ,833,238.00 which provided for an annual 4.7% CPI price increase and to allow for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through December 31, 2006. The Fourth Amendment was approved on November 28, 2006 in order to authorize the annual expenditure of $ 1,721,107.00 which provided for an annual 3.4% CPI price increase and to allow for continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through December 31, 2007. The Fifth Amendment is now requested to authorize the January 1, 2008 to June 30, 2008 expenditure of $860,553.00 plus 10% contingency, to provide continued landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance areas through June 30, 2008. FISCAL IMPACT: The cost of the Fifth Amendment for services to be provided through June 30, 2008 is $860,553.00 plus an additional ten percent (1 0%) contingency. There are sufficient funds in the TCSD Budget through June 30, 2008 in the following accounts: 190-180-999-5415 193-180-999-5415 190-181-999-5415 190-182-999-5415 190-184-999-5415 197-180-999-5415 190-185-999-5415 190-188-999-5415 190-189-999-5415 340-701-199-5415 340-702-199-5415 340-703-199-5415 001-171-999-5212 001-164-603-5415 ATTACHMENTS: 1) Amendment No 5. FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE INC. FOR MAINTENANCE SERVICES THIS FIFTH AMENDMENT is made and entered into as of November 27, 2007 by and between the Temecula Community Services District, a municipal corporation ("City") and Excel Landscape Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $480,350.00 annually. B. The First Amendment was approved on May 11, 2004 in order to increase the payment for continued landscape maintenance services in the amount of $406,205.00 through December 31, 2004. C. The Second Amendment was approved on December 14, 2004 in order to authorize the annual expenditure of $1,397,340.00 for landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas through December 31, 2005. D. The Third Amendment was approved on November 22, 2005 to increase the payment for the annual 4.7% Consumer Price Index (CPI) adjustment and for additional services in the amount of $ 1,833,238.00 and amend the Agreement as set forth in this Amendment. E. The Fourth Amendment was approved on November 28, 2006 to increase the payment for the annual 3.4% Consumer Price Index (CPI) adjustment and for additional services in the amount of $1 ,721,107.00 and amend the Agreement as set forth in this Amendment. F. The parties now desire to increase the payment of $860,043.53 for landscape maintenance services and new and supplemental landscape maintenance areas through June 30, 2008 and amend the Agreement as set forth in this Amendment. 2. TERM. Section 1 of the Agreement is amended to extend the term of the Agreement to June 30, 2008. 3. PAYMENT. The first paragraph of Section 3, "PAYMENT", of the Agreement is amended to read: "The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this C\J'rogram Files (x86)\Neevia.ComlDocument ConverlerltelTf'\863660doc reference as though set forth in full. The Fifth Amendment amount shall not exceed Eight Hundred Sixty Thousand Forty Three and 53/100 dollars ($860,043.53) through June 30, 2008. The total contract amount is Six Million Six Hundred Ninety Eight Thousand Two Hundred Eighty Three and 53/100 dollars ($6,698,283.53) for the term of the Agreement, unless additional payments are approved as provided in this Agreement". 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IIII C\J'rogram Files (x86)\Neevia.ComlDocument ConverlerltelTf'\863660doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Jeff Comerchero, President ATTEST: BY: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. Jose Alfaro, President 710 Rimpau Ave, Suite 108 Corona CA 92879 (909) 735-9650 (909) 735-0469 (Fax) BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) C\J'rogram Files (x86)\Neevia.Com\Document Converler\ielTf'\863660doc EXHIBIT A Pricing Sheet for Landscape Maintenance SPORTS PARKS/SCHOOL SITES SERVICE AREA Site # Site Name Monthlv Price Annual Price SP-1 Ronald Reagan Sports Park $11,046.82 $132,561.86 SP-2 Paloma Del Sol Park $ 4,812.14 $ 57,745.72 SP-3 Pala Community Park $ 2,995.54 $ 35,946.47 SP-4 Kent Hintergardt Park $ 4,557.74 $ 54,692.85 SP-5 Margarita Community Park (TES) $ 4,324.97 $ 51,899.69 SP-6 Temeku Hills Park $ 4,822.97 $ 57,875.63 SP-7 Harveston Community Park $ 8,444.25 $ 101,331.17 SC-1 Temecula Middle School $ 469.84 $ 5,638.07 SC-3 James L. Day Middle School $ 560.70 $ 6,729.35 SC-6 Vail Ranch Middle School $ 934.28 $ 11,211.37 SC-7 Paloma Elementary School $ 934.28 $ 11,211.37 SC-8 Pauba Valley Elementary School $ 467.68 $ 5,612.14 TOTAL $44.371.31 $532.455.69 Authorized Signature C\J'rogram Files (x86)\Neevia.Com\Document Converler\ielTf'\863660doc EXHIBIT A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site # Site Name Monthlv Price Annual Price M-01 Rancho California Road Medians $ 684.20 $ 8,210.37 M-02 Ynez Road Medians (includes Solana Way) $ 740.50 $ 8,885.99 M-03 Butterfield Stage Road Medians $ 163.48 $ 1,961.70 M-04 Margarita Road Medians (North) $ 767.62 $ 9,211.45 M-05 Margarita Road Medians (South) $ 163.48 $ 1,961.70 M-06 Winchester Road at Jefferson Median $ 163.48 $ 1,961.70 M-07 Pechanga Parkway Medians $ 163.48 $ 1,961.70 M-08 Meadows Parkway Medians (North) $ 767.56 $ 9,210.71 M-09 Paseo Del Sol Medians $ 767.56 $ 9,210.71 M-10 Harveston Medians (Date St/Margarita Rd) $1372.74 $16,472.86 M-11 Jefferson Avenue Medians $ 162.39 $ 1,948.68 M-12 Overland Drive Medians/Bridge $ 270.65 $ 3,247.79 M-13 Redhawk Medians $ 541.30 $ 6,495.59 FW-1 Interstate 15 $4,105.32 $49,263.85 M-03A Butterfield Stage Road Medians (Crowne Hill) $ 506.66 $ 6,079.92 M-10A Harveston Medians (Date St / Ynez Rd) $ 1240.80 $ 14,889.60 M-14 79 South Medians $ 2,084.75 $ 25,017.00 M-15 Wolf Valley Road Median $ 40.33 $ 483.91 M-16 Diaz Road Median / Parkway $ 603.86 $ 7.246.27 M-17 Meadows Parkway Medians (South) $ 175.78 $ 2,109.36 TOTAL $ 15.485.91 $ 185.830.88 Authorized Signature C\J'rogram Files (x86)\Neevia.Com\Document Converler\ielTf'\863660doc EXHIBIT A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthlv Price Annual Price F-1 Community Recreation Center $ 1,929.19 $ 23,150.23 F-2 Mary Phillips Senior Center $ 636.57 $ 7,638.86 F-3 City Hall/Maintenance Facility $ 1,561.10 $18,733.23 F-4 Temecula Community Center $ 407.05 $ 4,884.66 F-5 Fire Station #84 $ 625.75 $ 7,508.95 F-6 Old Town Temecula / Gate Way $ 2,351.24 $18,222.24 F-10 Temecula Children's Museum $ 334.52 $ 4,014.24 F-12 Temecula Community Theater $ 87.98 $ 1,054.68 F-13 Temecula Public Library $ 1,206.08 $ 14,472.96 *F-14 Roripaugh Ranch Fire Station # 95 $ 496.32 $ 5,955.84 F-15 Wolf Creek Fire Station # 92 $ 444.62 $ 5,335.44 F-20 Fire Station # 92 A $ 198.11 $ 2,377.37 F-22 Fire Station #73 $ 204.60 $ 2,455.20 (*Supplemental Area) TOTAL $ 10.483.66 $ 125.803.89 Authorized Signature C\J'rogram Files (x86)\Neevia.Com\Document Converler\ielTf'\863660doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site # Site Name Monthlv Price Annual Price S-3 Rancho Highlands $ 1,617.22 $19,408.84 S-8 The Villages A and B $ 7,220.93 $ 86,651.14 S-12 Vintage Hills $ 4,729.87 $ 56,758.41 S-13 Presley (Viranda, Country Glen, Bridlevale) $ 1,469.09 $17,629.04 S-16 Tradewinds $ 941.86 $11,302.32 S-20 Crowne Hill $ 1,491.82 $17,901.89 S-20A Crowne Hill (Phase 2 & 3) $ 4,969.12 $ 59,629.50 S-21 Vail Ranch $11,221.13 $134,653.60 S-23 Pheasant Run $ 290.14 $ 3,481.68 S-26 Gallery Homes Traditions $ 88.22 $ 1,058.64 S-28 Wolf Creek (North) $ 1,240.80 $ 14,889.60 S-28A Wolf Creek (South) $ 889.24 $ 10,670.88 S-28B Wolf Creek Channel $ 6,896.78 $ 82,761.36 S-29 Gallery Homes Portraits $ 113.74 $ 1,364.88 TOTAL $ 43.180.15 $ 518.161.79 ('Supplemental Area) Authorized Signature C\J'rogram Files (x86)\Neevia.ComlDocument ConverlerltelTf'\863660doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (NORTH) Site # Site Name Monthlv Price Annual Price S-1 Saddlewood/Pavillion Point $ 2,554.93 $ 30,659.18 S-2 Winchester Creek I and II $ 1,705.10 $ 20,461.16 S-4 The Vineyards $ 370.17 $ 4,442.93 S-5 Signet Series $ 3,904.93 $ 46,859.18 S-6 Woodcrest Country $ 893.15 $ 10,717.78 S-7 Ridgeview $ 1,057.70 $ 12,692.39 S-9 Rancho Solana $ 64.96 $ 779.47 S-10 Martinique $ 318.29 $ 3.819.43 S-11 Meadowview Estates $ 203.53 $ 2,442.39 S-14 Mirada $ 577.02 $ 6,924.28 S-15 Barclay Estates $ 601.92 $ 7,223.07 S-17 Monte Vista $ 89.85 $ 1,078.26 S-18 Temeku Hills $ 5,043.82 $ 60,525.85 S-19 Campos Verdes $ 2,421.77 $ 29,061.27 S-22 Sutton Place/Lennar $ 251.16 $ 3,013.90 S-24 Harveston (Phase I) $ 2,732.48 $ 32,789.75 S-24A Harveston (Phase 2) $ 4,034.67 $ 48,416.02 S-25 Serena Hills $ 2,185.76 $ 26,229.15 S-27 Richmond American (26828) $ 361.59 $ 4,339.08 *S-30 Valdemosa $ 446.69 $ 5,360.26 TOTAL $29.819.57 $357 .834.81 (*Supplemental Area) Authorized Signature C\J'rogram Files (x86)\Neevia.ComlDocument ConverlerltelTf'\863660doc EXHIBIT A Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat and Sun. Includes trash removal). Price per Square Foot Monthlv Annuallv .0127 .1476 sq. ft. .0103 .1236 sq. ft. .0083 .0996 sq. ft. .0155 .1860 sq. ft. .0155 .1860 sq. ft. .0041 .0492 sq. ft. 1,076.39 12,916.68 per fld. *1,032.95 12,395.52 per fld. * Up to three (3) fields for same amount. C\J'rogram Files (x86)\Neevia.ComlDocument ConverlerltelTf'\863660doc Authorized Signature Plant Material (Installed. all areas) 1. Annual Color (4" Container) $ 1.670 each 2. Ground Cover 22.37 flat 3. One (1) Gallon 6.66 each 4. Five (5) Gallon 20.03 each 5. Fifteen (15) Gallon 83.51 each 6. 24" Box Tree 222.72 each 7. Seeded Turf .1670 sq. ft. 8. Sodded Turf .9461 sq. ft. 9. Hydroseed .1114 sq. ft. 10. Soil Preparation (Existing area) .2227 sq. ft. 11. Soil Preparation (New area) .1670 sq. ft. 12. Wood Mulch 38.97 cu. yd. Irriqation Svstem Maintenance 1. Inspection $ 44.54 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 38.97 per hr. 3. Parts 20% mark-up General Pest Control 1. Written Recommendation by PCA $ 222.72 each 2. Qualified Applicator (QAC) 50.10 per hr. 3. Trained Applicator 38.97 per hr. 4. Material 20% mark-up EXHIBIT A Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) 1. Mowing (Including bagging of clippings) 2. Edging 3. String Trimming 4. Aerification (Core/3") 5. Aerification (Deep Tine/6") 6. Weed Removal (Manual) 7. Pest Control (Manual) 8. Fertilization (Placement only) 9. Materials (Fertilizer, Soil Amends) Unit Cost $ .0022 .0055 .1114 .0022 N/A 22.27 38.97 .0010 20% II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) $ 2. Trimming (Shrubs, Ground Cover) 3. Pruning/Shrubs, Vines, Roses 4. Pruning/Trees (To 18') 5. Weed Removal (Manual) 6. Pest Control (Manual) 7. Fertilization (Placement only) 8. Vegetation Removal 9. Materials (Fertilizer, Soil Amends) .1670 .0222 .0445 44.54 22.27 38.97 .0022 .0207 20% III. IV. V. C\J'rogram Files (x86)\Neevia.ComlDocument ConverlerltelTf'\863660doc sq. ft. linear ft. linear ft. sq. ft. sq. ft. per man hr. per man hr. sq. ft. mark-up linear ft. sq. ft. sq. ft. each per man hr. per man hr. sq. ft. sq. ft. mark-up TCSD DEPARTMENTAL REPORT ITEM NO. 21 ITEM NO. 22 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY NOVEMBER 6, 2007 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:38 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Naggar, Washington, Edwards ABSENT: 1 AGENCY MEMBERS: Roberts. Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. RDA CONSENT CALENDAR 1 Minutes RECOMMENDATION: 17.1 Approve the minutes of October 23, 2007. MOTION: Agency Member Comerchero moved to approve the RDA Consent Calendar. Agency Member Naggar seconded the motion and electronic vote reflected approval with the exception of Agency Member Roberts who was absent. RDA PUBLIC HEARING 2 Mid-Term Public Hearinq for 2004-2009 Implementation Plan RECOMMENDATION: 18.1 Receive and file Implementation Plan Status Report; 18.2 Take public testimony relative to the implementation of the Redevelopment and Implementation Plan. By way of PowerPoint Presentation, Director of Redevelopment Meyer provided a staff report, highlighting on the following: . Redevelopment Goals and Vision R:\Minutes\110607 . Implementation Plan Goals and Objectives . RDA Accomplishments since 2005 . CIP . Southside Gateway Landscaping . Old Town Temecula Community Theater . Rancho California Bridge Widening . Erie Stanley Gardner Museum Exhibit . Wi-Fi Zone in Old Town . Fac;:ade Improvement Program . Housing . Habitat for Humanity . Residential Improvement Program . Diaz Road ENA . Marketing and Promotions in Old Town . Old Town Events . Old Town Billboard . 2006 & 2007 Tax Allocation Bonds . Future Projects . Town Square . Street Improvements . Promenade East Parking Structure . Public/Private Investment . Comprehensive RDA Strategic Plan . Housing . Jefferson/Ynez Corridor In response to Agency Member Comerchero's query, Director of Redevelopment Meyer noted that 20% of the Redevelopment Agency funds are allocated toward the Home Improvement Program. At this time, the public hearing was opened. A. By way overheads, Mr. AI Rattan, Temecula, referenced a 2004 article from the Press Enterprise with respect to the City budget for the future Civic Center in Old Town; expressed concern with the amount of money that will be spent on the future Civic Center in Old Town; and requested that the retail component of the project be postponed for more evaluation. At this time, the public hearing was closed. In response to comments made by Mr. Rattan, City Manager Nelson stated the following: . That he is not aware of the figures that were referenced in the 2004 Press Enterprise article as relayed by Mr. Rattan . That when the Master Plan for the Civic Center was approved for Phase II, the $44 million was established at that time (noting that he previously shared this information with Mr. Rattan at a previous meeting); and that an additional $5 million was set a side for Furniture, Fixtures, and Equipment (FFE) R:\Minutes\110607 2 . That with respect to the future Civic Center, the City is currently going through its construction document phase; that the City has established its budget as well as contingencies; that he would be of the opinion that because of the construction environment, the City may benefit in terms of the budget when the contracts are awarded; and noted that value engineering would be an integral part of the process . That the main component of the Redevelopment Agency would be to go into debt . That the bonds that Mr. Rattan referred to would be the expressed purpose of the Redevelopment Agency; that the City is using the dollars to revitalize projects within the City; and that $20 million dollars of private investment has been invested into Old Town as a result of the bonds that have been sold and the investments made . That the money invested into the mall expansion project will not only enhance the project area, but will create new job opportunities and new sales tax revenue which may be used for police and fire services . That the future Civic Center will be the foundation of the operation of the City of Temecula for the next several decades. Mayor Washington thanked Director of Redevelopment Meyer for his presentation, noting that the future Civic Center in Old Town will be a gathering place for its community and a center that its residents will be proud of. Agency Member Naggar commended City Manager Nelson and Director of Finance Roberts for their work and dedication to the budget. At this time, City Manager Nelson explained the Civic Center's financing. Agency Member Comerchero and Chairperson Edwards spoke enthusiastically regarding the future Civic Center and noted that the City would be building a facility that will meet the needs of the future. MOTION: Agency Member Washington moved to receive and file this report. Agency Member Naggar seconded the motion and electronic vote reflected approval with the exception of Agency Member Roberts who was absent. R:\Minutes\110607 3 RECONVENE CITY COUNCIL MEETING JOINT CITY COUNCIL/REDEVELOPMENT PUBLIC HEARING 3 Farmers' Market Minor Conditional Use Permit (Planninq Application No. PA07-0290) and Approval of Second Amendment to License Aqreement between the Redevelopment Aqencv of the Citv of Temecula and Farmers' Market Manaqement. Inc. for use of a Portion of Aqencv Propertv at Sixth and Mercedes Streets for a Farmers' Market RECOMMENDATION: 19.1 The City Council adopt a resolution entitled: RESOLUTION NO. 07 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0290, A MINOR CONDITIONAL USE PERMIT FOR THE OPERATION OF A FARMER'S MARKET OPEN EACH SATURDAY FROM 7:30 A.M. UNTIL 12:30 P.M., GENERALLY LOCATED AT THE NORTHWEST CORNER OF SIXTH AND MERCEDES STREETS TO INCLUDE APN 922-023-021 AND A PORTION OF APN 922-023- 022 AT 28464 OLD TOWN FRONT STREET 19.2 The Temecula Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 07 -09 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE FARMERS' MARKET LICENSE AGREEMENT Director of Planning Ubnoske provided a brief staff report (of record). Director of Redevelopment Meyer also provided a staff report, highlighting on the following: . License Agreement . RDNOld Town Steering Committee Meeting . Date/Time of Usage . Certified Produces . Food Vendors (Non Agricultural) . Vendors (Non Agricultural/Non Food) . Old Town Merchants . License Fee . Term Agency Member Comerchero thanked staff for its efforts in the implementation of the License Agreement, but queried on the monitoring aspect of the vendors at the Farmer's Market. R:\Minutes\110607 4 In response to Agency Member Comerchero's question, Director of Redevelopment Meyer advised that the Agency, as well as Code Enforcement, will be monitoring the market's vendors on a weekly basis for several weeks, and then on a monthly basis to ensure that all vendors are in compliance of the License Agreement. For Chairperson Edwards, Director of Redevelopment Meyer advised that the Specific Plan (as written) allows a Farmer's Market to operate with a Conditional Use Permit (CUP); and that any location within Old Town would be able to offer a Farmer's Market with a CUP. Mr. Meyer also defined an Old Town Merchant as anyone who has space in Old Town, has a business license, and who can produce a contract and leasing agreement. Addressing Mayor Washington's query, Director of Redevelopment Meyer noted that aside from the Cunning hams, no other agencies queried on the opportunity to manage the Farmer's Market. At this time, the public hearing was opened. A. Ms. Carol Stout, Temecula, thanked the City Council for its attention to the Farmer's Market; relayed that she would be in favor of the new agreement, but expressed concern with traffic and parking and requested that management of the Farmer's Market encourage its patrons to obey parking rules and regulations as it would relate to private parking; that the market's management advise its vendors not to park near the Farmer's Market, allowing a safer environment for its patrons; relayed her definition of an Old Town merchant; stated that certified producers should have first priority of the market; and requested a clearer definition of an Old Town Merchant. B. Providing a history of how the concerns of the merchants came to fruition, Ms. Evelyn Honea, Old Town merchant, thanked the City Council for its efforts with respect to the new License Agreement, and requested that the City Council address concerns stated by Ms. Stout. C. By way of photo, Mr. Doc Lane, Temecula, expressed concern with the high amount of vendors but the low amount of certified farmers at the Farmer's Market; relayed that it would be his opinion that a non-profit organization should manage the Farmer's Market; stated that a large amount of the money made at the Farmer's Market is being taken out of town and not being retained in the City; and requested that an agreement be implemented with a six-month contract to ensure that the management is acting in compliance with its contract. By way of overheads, Director of Redevelopment Meyer confirmed the area of vendors versus certified farmers. D. Mr. James Prestininzi, Fallbrook, commended the City with respect to the recent fires; relayed that he is a certified farmer at the market; and relayed that the Farmer's Market is an asset to the Old Town community. E. Mr. John Kelliher, representing the Temecula Valley Convention and Visitor's Bureau, emphasized the importance of the Farmer's Market as it would relate to tourism in the City. F. Not viewing the Old Town Farmer's market as a swap meet, Mr. Murray Gutmam, Temecula, relayed his support of the Farmer's Market. R:\Minutes\110607 5 G. Mr. Daniel Billen, Old Town merchant, also spoke in favor of a Farmer's Market in Old Town but requested that more events be scheduled in Old Town. H. Mr. Walt Allen, Temecula, relayed his support of the Farmer's Market. I. On behalf of the Old Town Temecula Business Association, Mr. Chris Baily stated advised that the Old Town merchants unanimously support its Farmer's Market; respect the City's decision to continue working with its current management, but would request that the Old Town Business Association be participants with the City and management to ensure that the Farmer's Market continues to be the best that it can be. J. Speaking enthusiastically regarding the Old Town Farmer's Market, Mr. Ed Dool, Old Town merchant, thanked the Council and City staff for the investments into Old Town. K. Mr. Steve Eldred, Temecula, relayed that it would be his opinion that the money that is made at the Farmer's market is not being retained in the City; and requested that, by overheads, the certified farmer areas of the Farmer's Market be pointed out; and queried if an economic study and a traffic impact study was implemented in the Old Town area. L. Mr. Bill Seltzer, representing the Temecula Chamber of Commerce Board of Directors, stated that the Chamber applauds the efforts of the City on its investment into Old Town and continued support to its marketing efforts; that the Chamber enhances the City's marketing efforts by continually referring and providing information to the Old Town area when assisting over 4,500 inquiries per month; that there are 30 Old Town merchants that are members of the Chamber; and that recently the Temecula Chamber of Commerce Board of Directors voted unanimously to support the continued existence of the Old Town Farmer's Market. M. Ms. Nancy Austin, representing the Temecula Valley Chamber of Commerce, echoed Mr. Selzter's comments of supporting the Old Town Farmer's Market; and applauded the City Council for its efforts in continuing to enhance Old Town and creating Old Town as a tourist destination. N. Ms. Alicen Wong, San Bernardino, representing the Farmers Market, relayed her support of the Old Town Farmer's Market and requested that the City consider broadening the list of approved vendors to include a guest vendor category. O. Mr. Michael Hamrin, Rainbow, relayed that he has been a patron of the Farmer's Market for 18 years and would be of the opinion that the market is an asset to the City. At this time, the public hearing was closed. Speaking on the process in which the agreement was written, Agency Member Comerchero relayed his support of the agreement. Echoing comments made by Agency Member Comerchero, Agency Member Naggar relayed that the previous violations with respect to vendors have been corrected; requested that the agreement be followed as written; noted his enthusiasm with the new agreement; and would be of the opinion that the agreement will work for both the vendors of the Farmer's Market and Old Town merchants. R:\Minutes\110607 6 Relaying her support of the agreement, Chairperson Edwards thanked all who were involved in the process of the new agreement; relayed that the new agreement will be a benefit to the community as a whole; and requested that City Manager Nelson schedule a meeting to discuss the implementation of new events in Old Town. Relaying his support of the new agreement, Mayor Washington thanked all involved in the process. MOTION: Agency Member moved to approve Item No. 19.1. Agency Member Naggar seconded the motion and electronic vote reflected approval with the exception of Agency Member Roberts who was absent. MOTION: Agency Member Comerchero moved to approve Item No. 19.2. Agency Member Naggar seconded the motion and electronic vote reflected approval with the exception of Agency Member Roberts who was absent. RDA EXECUTIVE DIRECTORS REPORT With respect to the new License Agreement, City Manager Nelson noted that the foundation of the new agreement will be enforcement and advised that it would be his opinion that the Cunninghams will do a great job with its management. RDA AGENCY MEMBERS REPORTS No reports at this time. RDA ADJOURNMENT At 9:29 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, November 27, 2007, at 5:30 p.m. for Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California Maryann Edwards, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\110607 7 RDA DEPARTMENTAL REPORT ITEM NO. 23 Approvals City Attorney Director of Finance City Manager ::r 0Cl, TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: November 27, 2007 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. Attached for your information is the monthly report as of November 27,2007 for the Redevelopment Department. REDEVELOPMENT Old Town Strateaic Plan The Agency is working with the Planning Department by conducting a series of public workshops that will establish a new vision for Old Town. This effort includes, looking at the scale and massing of the buildings, evaluating the market conditions in Old Town and establishing an appropriate long term parking strategy. Four of six community workshops have been held. The last two (Parking Strategies & Strategies/Recommendations) will be held in early December. Town Sauare Market Place As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency has issued a Request for Interest to select a preferred development partner. Eight firms have responded. It is anticipated that an Exclusive Negotiating Agreement with a preferred developer will be brought to the City Council in the next 60- 90 days. Facade Improvement Proaram The Fayade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2007-08. The following fayade improvements are in process or recently completed: Palomar Hotel - Paint Exterior, New Windows and Doors La Menagerie - Design and Install Wood Blasted Signs Chaparral Center Building - Sign Program The Bank of Mexican Food - Paint Exterior Door & Window Frames HOUSING Housinq Element Update The Agency is assisting with the Planning Department's Housing Element Update. The Housing Element is a chapter of the City General Plan and is required to be updated every 6 years. The Housing Element provides goal and policies for meeting the projected housing needs within the City. Diaz Road Exclusive Neqotiation Aqreement The Agency issued a Request for Interest to select a preferred development partner for the 30 acre site located on Diaz Road. Seven firms have responded. The Agency is preparing an Exclusive Negotiating Agreement (ENA) with a preferred developer and will be bringing this forward to the City Council in the next 30-45 days. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitatfor Humanity to develop a home-ownership project within the Pujol Neighborhood. The project is located on the northwest corner of Pujol and First Streets and will consist of 5 new single-family detached homes. The preliminary grading permit has been issued and rough grading has been completed. Off site improvements are being completed and building permits have been issued for the 5 homes. A tentative tract map has been approved for the adjacent property for two additional single family detached homes. Dalton Mixed-Use II On May 28, 2005, the Council approved an Owner Participation Agreement (OPA) with D'Alto Partners to build a mixed-use affordable housing project. The project consists of 24 units and over 5,000 sq. ft. of retail/commercial. The project is located on the north side of Fifth Street, west of Mercedes. Construction is completed and all 24 apartment units have been leased. The tenant improvements are underway on the commercial units. Dalton Mixed -Use III On March 28, 2006, the Council approved an Owner Participation Agreement with D'Alto Partners to build a mixed-use affordable housing project. The project will consist of 22 units over 4,700 sq. ft. of retail/commercial. Vertical construction has begun. It is estimated that construction will be completed in the fall of 2007. The project is located on the north side of Fifth Street, west of Mercedes. First Time Homebuvers Proqram Funding in the amount of $100,000 is available for FY 07 -08. Residential Improvement Proqrams The program budget for FY 07-08 is $230,940.17, with $36,950 funded on 7 units. The amount available to each participant is $7,500. OLD TOWN PROMOTIONS/MARKETING Farmers Market On November 6'h, the City Council approved the Second Amendment to the License Agreement with Farmer's Market Management Inc. (The Cunninghams). On Saturday, November 11'h, there were 41 Farmers, 19 Food Vendors, 18 craft/health/nutrition vendors and 7 Old Town Merchants totaling 85 vendor booths. Staff will continue to monitor the Market each Saturday through the end of the calendar year. Staff is also working with the Old Town Merchants to ensure that they have an opportunity to participate in the Farmer's Market as well as collaborate with them to create a more viable retail center for Old Town. The merchant's have also asked to be more actively involved in working with the RDA to coordinate and support the many special promotions and events in Old Town. Erie Stanlev Gardner Mvsterv Weekend The Sixth Annual Erie Stanley Gardner Mystery Weekend was held in Old Town Temecula November 2, 3 & 4, 2007. The event was designed to honor the creator of the Perry Mason mysteries. The weekend featured Mystery Writing Workshops & Forums at the Mary Phillips Senior Center. This included Marilyn Meredith, author of the Deputy Tempe Crabtree mystery series and the Rocky Bluff P.o. series, conducting How to Write a Killer Mystery; Sunny Frazier, a short story author, conducting Write to Win and Karrie Carlson, a retired police officer teaching forensic science. A television and video forum was held to discuss the Syd Fields method of story line, as well as key components to a successful storyline, creating believable dialogue, plot lines and paradigms. A writing contest was conducted for cash winnings or gift certificates, as well as winning entries published in the Californian. There were three age categories: Adult, High School and Middle School writers. Stories could not exceed 1500 for High School entries and 2,500 words for adult entries. The weekend also included a Mystery Contest as an interactive game patterned after the Perry Mason Board Game and included improvisational Q&A with Characters from the Crime; clues were placed throughout Old Town with various merchants Friday through Sunday. These locations could be located on the website. The winners were unveiled at the conclusion at the Old Town Temecula Community Theater on Sunday at 3 p.m. Dickens of a Christmas The Agency will kick off their annual Dickens of a Christmas on Friday Night, December 23 at 6 p.m. as Santa arrives on a horse drawn sleigh escorted by honorary reindeers. Free horse-drawn trolley rides will also be available on Friday, November 23. The activities will continue every weekend through December 22, 2007 where dozens of carolers will greet with song and fill Old Town with holiday cheer. Souvenir photos will be taken by the Temecula Boy Scouts for a $5 donation every weekend through December 22 at Santa's Workshop located in front of Calico Coffee on Old Town Front Street. I n addition to the carolers, each weekend will feature choir performances and Dynamite Dave the Elf, every Saturday and Sunday from 11 :00 a.m. - 5 p.m. <Fbrl9un~ 1R.nc/e /gr/e's Cam Ken Gardner t...~fI ~tM"'~fI~ 4&V1~ ~~r i \ Murder Mystery Weekend 7~,m, C]IC}Tewn Temecu/a's CemmunTt,y T~eater <fbmateur !Peet j{eur 5,-30 {i.m. Qtt~e""/m ere' From his house at Rancho del Paisano in the Temecula Valley, he would dictate his books into an audiograph for his seven secretaries to transcribe. Join us for an evening of Western Music, Cowboy Poetry and Campfire Songs at the Old Town Temec- ula Community Theater. Ken Graydon will emcee the evening with his wonderful songs and poetry. Around Uncle Erle's Campfire features cowboy poets and western musicians in a musical! lyrical tribute to the man and his expeditions. BUCKSHOT DOT (Dee Strickland Johnson), a native of Arizona, grewup on the Navajo and Hualapai reser- vations, and at the Petrified Forest. She was the Acad- emy of Western Artists' 1997 Female Cowboy Poet of the Year, a finalist for that award in 1998 and for video of the year in 1999. BELINDA GAIL & CURLY MUSGRAVE: most recently earned them the coveted award of Group or Duo of the Year for 2006. Belinda Gail, through her breathtaking performances, has earned the Western Music Association's award for Female Performer of the Year for an unprecedented four consecutive years 1999 - 2002, and 2005. Curly Musgrave has been dubbed "One of the most innovative and influential singer/songwriters in Western Music today. He is the Western Music Association's "Male Performer of the Year" and "Songwriter of the Year" for 2002 and 2003 and Songwriter of the year for 2004. Gardner was an avid adventurer who spent several years exploring Baja California in makeshift dune buggies. His travels explored and charted pictographs, unexplored caves, archaeological sites, and the rugged terrain of Baja. Included in his travels was his discovery of the California gray whale migration along the Baja coastline. Campfires with songs and tales of the Old West were said to be the conclusion of many Gardner expeditions. The T emecula Valley Museum will have a special Gardner Exhibit throughout the weekend, which includes a classic recreational vehicle show at Sam Hicks Park. For more information on this event and other Temecula Valley Museum Activities call: (951) 694-6450. CO)]lcdllHO)\\\VJl1l lHeJnmCecClUlJl<ul !\JCO)\VCE)1m\1b)(E)Jr ;g, 33 (Or LJh, ;gCO)CO)J' Erie Stanley Gardner Exhibit at the Temecula Valley Museum Mystery Solving Contest Forensic Fun at Children's Museum Writing Workshops Perry Mason Short Film Contest Classic R V Exhibit Mystery Writing Competition KEN GARDNER: First visited Uncle Erie's Campfire in 2003. An urban cowboy, he writes his own material and opened for Baxter Black in Elko in 2006. His poetry appears in the 2007 book, "Sleepin' in the Bunkhouse." Tickets: $20 available at 1-866-653-8696. Writers Wanted: Enter the Erie Stanley Gardner Mystery Writing Contest and win cash or gift certificates. Win- ning entries are published in The Californian Newspaper. Mystery Writing Workshops & Forums at the Mary Phillips Senior Center 41845 Sixth Street Old Town Temecula There are three age categories: Adult, High School and Middle School writers. Story should not exceed 1,000 words for middle school en- tries, 1,500 words for high school entries, and 2,500 words for adult entries. The Deadline is October 12, 2007. Prizes, sponsored by Rosenstein and Hitzeman, AAPLC, are awarded the top three entries in each category. Perry Mason Super Sleuth Mystery Game: Help us s01ve the crime. This year's Mystery Contest is an interactive game patterned after the Perry Mason Boardgame and includes improvisational Q&A with Characters from the Crime. Winning entries in the adult category will re- ceive: $200 for first place, $100 for second place, and $50 for third place. Winning entries in the school and one-act mystery play categories will receive $100 gift certificates for first place in both Middle and High School category, $75 gift cer- tificates for second place and $50 gift certificates for third place. How To Write a Killer Mystery A 2-hour workshop Marilyn Meredith, author of the Deputy Tempe Crabtree mystery series and the Rocky Bluff P.D. series, will conduct a two-hour step-by-step seminar at 10 a.m. on writing a mystery. Recommended for anyone who wants to learn the keys to plotting, outlining and methods for writing a mystery, Meredith's seminar will guide writers through the process and leave them with the beginnings of a mystery noveL Saturday, November 3rd, 10 a.m. to Noon Super Sleuths who solve the crime will have their names placed into an entry for a final gan1e show contest at the Old Town Temecula Community Theater, Sunday, November 4, 3 p.m. Three Fi- nalists will vye for prizes and awards. See the website and Old Town Mercants for clues. Clues are unveiled Friday, Saturday and Sunday in Old Town. Amateur TV Producers Wanted: Showcase your film directing and editing skills by producing a short scene from the "Case of the Drowning Duck." Top entries will be viewed Sat- urday, November 3rd at the Mystery Weekend. Winners will be announced Sunday, November 4, during the mystery weekend conclusion, 3 p.m. at the Old Town Temecula Community Theater. All entries will produce the same scene. Write to Win Guerilla Tactics for Revolutionary Writers: In camouflage gear and with unique vitality, Sunny Frazier will conduct "Write to Win: Guerrilla Tactics for Revolutionary Writers." Frazier's short stories have won over 30 awards and can be found in anthologies "Valley Fever," "Seven By Seven," and "Never Safe." Her first novel, "Fools Rush In," won the Public Safety Writers Best Novel A ward in 2007. Saturday, November 3rd, 12:30-1:30 CHARACTER Q & A: Friday, 7:00 p.m. November 2nd, 2007 First game show, requiring 3 contestants and an audi- ence. Call (951) 694-6450 for reservations to the Mys- tery Weekend Opening Reception at the Temecula Valley Museum. TEMECULA HISTORY & INFORMATION Entries are to include references to historical buildings, people - living or dead, and sites in the Temecula Valley. Here are some web sites to help you with your research: Saturday, 11:30, 1:30, 2:30 and 3:30 p.m., November 3rd, 2007 Visit the Courthouse (Penny Dome) at 28600 Mercedes for details, locations and case updates. Visit 1013katy.com for additional clues and contest. Pick up your game board at participating merchants. Question witnesses and suspects to solve the crilne. Forensically Speaking: Ask the experts and be sure your forensics, crilne scenes and reporters are written correctly. Our panel of experts lead a forum in a roundtable discussion. Karrie Carlson is a retired police officer now teaching forensic science. John Hall is the Californian Public Safety and Courthouse reporter, and the Riverside County Coroner. Saturday, November 3rd, 1:30-2:30 p.m. www.cityoftemecula.org/temecula/history/ www.oldtemecula.com/history/ http://destem.com/ displaypage.php?page=history www.tvhsi.com/parks/Temecula_Museum.htm Sunday, 12:30, 1:30 p.m. November 4th, Saturday Mystery Game Continues. Question wit- nesses and suspects. At the Old Town Temecula Community Theater Courtyard 42051 Main Street. BOOKS & REFERENCES: The historic valley ofTemecula: The early Indians ofTem- ecula (A Paisano Press librito) (Unknown Binding) Temecula: At the Crossroads of History (Hardcover) Story Line & Movie Production Television/Video Forum This forum will discuss the Syd Fields method of story line as well as key components to a successful storyline, creating believable dialogue, plot lines and paradigms. Saturday, November 3rd, Time tba. Sunday, 3 p.m. Conclusion at Old Town Temecula Community Theater, 42051 Main Street. See www.esgmysteryweekend.org for more infor- mation and an application or call (951) 678-1456 R.S.V.P. Recommended. Seminars are free. Call (951) 694-6412 PUBLIC HEARING ITEM NO. 24 Approvals City Attorney Director of Finance City Manager ::r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Glenn Patterson, Fire Chief DATE: November 27, 2007 SUBJECT: Amendment of the California Fire Code PREPARED BY: Sean Dakin, Deputy Fire Marshal RECOMMENDATION: That the City Council: 1. Adopt an Ordinance entitled: ORDINANCE NO. 07-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE CODE, INCORPORATING THE 2006 INTERNATIONAL FIRE CODE, TOGETHER WITH CERTAIN DELETIONS AND MODIFICATIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE 2. Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA FIRE CODE, 2007 EDITION, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS BACKGROUND: The adoption of the most current edition of the California Fire Code is one of the most important public health, safety and welfare issues that will be presented to you for your consideration and adoption. The fire codes enforced by local jurisdictions in the State of California are reviewed, amended and adopted by the Building Standards Commission on a three (3) year code adoption cycle. Upon the adoption and publication of the State Codes, each local jurisdiction has a period of 180 days to further modify these Codes with more stringent local amendments based upon local geographical, topographical and or climatic conditions. The ordinance before you tonight proposes some local amendments. Many of the provisions in this ordinance are substantially the same as previous provisions of the current Municipal Code. The proposed amendments include revisions pertaining to code provisions that are mostly administrative in nature and are substantiated on the requirements of fire apparatus for turning radius, weight and operational considerations, high rise definition and hazardous materials. Other amendments are to provisions that dictate the requirements applicable to fire extinguishing systems based on building construction type, size of the building, and required fire flow currently, and are comparable to those currently in effect. Any amendments that affect only administrative provisions of the California Fire Code, rather than building standards, require no findings, exist and will be carried forward. The provisions are consistent with regulations as currently required by Riverside County Fire Department and therefore require no findings. FISCAL IMPACT: None. ATTACHMENTS: Ordinance No. 07-16 Resolution No. 07-_ ORDINANCE NO. 07-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE CODE, INCORPORATING THE 2006 INTERNATIONAL FIRE CODE, TOGETHER WITH CERTAIN DELETIONS AND MODIFICATIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 15.16 of the Temecula Municipal Code is hereby repealed provided, however, that such repeal shall not affect or excuse any violation occurring prior to the effective date of this Ordinance. A new Chapter 15.16 is hereby added to Title 15 of the Temecula Municipal Code to read as follows: "Chapter 15.16 FIRE CODE 15.16.010 Code adopted. Except as hereinafter provided in this chapter, the California Fire Code, 2007 edition, incorporating the International Fire Code, 2006 edition, and including Chapter 7A, Appendix Chapter 1 and Appendices A, B, C, E, F, G, and H, published by the International Fire Code Council, is hereby adopted by reference as the Fire Code of the City of Temecula. A copy of the California Fire Code, 2007 Edition, is available for review in the office of the City Clerk. 15.16.020 Amendments. The following amendments, additions and deletions are made to the California Fire Code, 2007 edition, as adopted by this chapter: A. APPENDIX CHAPTER 1 ADMINISTRATION Section 105 Permits is amended as follows: 105.6.1 Aerosol products is amended to read as follows: An operating permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products. This is required for all commercial, industrial and retail type facilities. 105.6.16 Flammable and combustible liquids, subsections 2 and 3, are amended to read as follows: R:/Ords 2007/0rds 07-16 2. To store, handle or use Class I liquids inside or outside a building, except that a permit is not required for the following: 3. To store, handle or use Class II or Class iliA liquids inside or outside a building, except for fuel oil used in connection with oil-burning equipment. 105.6.20 Hazardous materials, is amended to read as follows: An operational permit is required to store, transport on site, dispense, use or handle hazardous materials. 105.7.7 Hazardous Materials is amended to read as follows: A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 27. B. CHAPTER 2 DEFINITIONS Section 202 General Definitions is amended as follows: FIRE CHIEF OR CHIEF shall mean the Fire Chief of the City of Temecula, or her/his authorized representative. Definition to be added: HAZARDOUS FIRE AREA is land other than state designated fire hazard severity zone and lor local designated FHSZ which is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. Such areas are designated on the maps entitled "Hazardous Fire Areas of Riverside County" on file in the office of the Clerk of this Board and in the office of the Fire Chief. HIGH-RISE BUILDING, ITEM 2 is amended to read as follows: "High-rise structure" means every building of any type of construction or occupancy located more than 75 feet above the lowest floor level of fire department vehicular access. Buildings measured from 55 feet to 75 feet above the lowest floor level of fire department vehicular access shall be enhanced with high-rise provisions as set forth in Section 509.1. Definitions to be added: MODEL ROCKET shall mean any toy or educational device which weighs not more than 500 grams, including the engine and any payload that is propelled by model rocket engines. R:/Ords 2007/0rds 07-16 2 MODEL ROCKET ENGINE shall mean a commercially manufactured, non- reusable rocket propulsion device which constructed of a nonmetallic casing and solid propellant, wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user. C. CHAPTER 3 GENERAL PRECAUTIONS AGAINST FIRE Section 309 Powered Industrial Trucks is amended by adding Section 309.7 to read as follows: 309.7 Spill Containment. Each rack of batteries or group of racks shall be provided with a liquid tight 4 inch spill control barrier which extends at least 1 inch beyond the battery rack in all directions. D. CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS Section 404.2 Where required is amended by adding a new subsection 14 to read as follows: 14. Windowless buildings having an occupant load of 50 or more. E. CHAPTER 5 FIRE SERVICE FEATURES 501.4 Timing of installation is amended to read as follows: Fire apparatus access roads and a water supply for fire protection shall be installed and made serviceable prior to and during the time of construction. Temporary street signs shall be installed at each street intersection when construction of new roadways allow passage by vehicles in accordance with Section 505.2 503.1 Where required is amended to read as follows: Fire apparatus access roads shall be provided and maintained in accordance with Section 503.1.1 through 503.1.3. The City of Temecula Fire Department shall be the only authority authorized to designate fire lanes. 503.1.1 Buildings and facilities, Exception 2, is amended to read as follows: 2. Fire apparatus access roads cannot be installed because of location on property, topography, water ways, nonnegotiable grades or other similar conditions, the Fire Chief is authorized to require additional fire protection as specified in Section 1001.9. R:/Ords 2007/0rds 07-16 3 Subsections 503.1.1.1 and 503.1.1.2 are added to read as follows: 503.1.1.1 Fences. When fences are installed that cause the distance from an approved fire department access road to exceed the maximum distance allowed in Section 503, a gate shall be provided in the fence to maintain the required fire department access. The gate shall be a minimum four (4) feet in width and be equipped with a key box and or lock accessible from both sides in accordance with Section 506. 503.1.1.2 Other obstructions to access. When other obstructions are installed that cause the distances from an approved fire department access road to exceed the maximum distance allowed in Section 503, the Fire Chief is authorized to require additional fire protection as specified in Section 901.4.3. 503.2.1 Dimensions is amended to read as follows: Fire apparatus access roads shall have an unobstructed width of not less than 20-feet for single family dwellings and 24-feet for commercial, multifamily and industrial, and an unobstructed vertical clearance of not less than 13-feet 6- inches. 503.2.3 Surface is amended to read as follows: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface so as to provide all- weather driving capabilities. Access roads shall be 80,000 Ibs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction all locations where structures are to be built shall have fire apparatus access roads. When temporary fire apparatus access roads are approved by the chief and provided for use until permanent fire access roads are installed; the fire apparatus roads shall be an all weather surface for an 80,000 Ibs GVW. 503.2.4 Turning radius is amended to read as follows: The required turning radius of a fire apparatus access road for commercial, multi- family residential and industrial buildings shall have a turning radius of a minimum forty-five (45) feet-outside radius. For single-family residential, the required turning radius of a fire apparatus access roads shall be a minimum of a thirty-eight (38) feet outside radius. 503.2.5 Dead ends is amended to read as follows: Dead-end fire apparatus access roads in excess of 150-feet in length shall be provided with an approved area for turning around fire apparatus. The maximum length of a dead end road or cul-de-sac shall not exceed 1320 feet. R:/Ords 2007/0rds 07-16 4 503.2.7 Grade is amended to read as follows: The grade of the fire apparatus access road shall be within the limits established by the Fire Chief based on the fire department's apparatus, however, no grade will exceed 15 percent. Grade transitions shall not exceed the City of Temecula's Fire Department apparatus maximum approach and departure angles as determined by the Fire Chief. Section 503.2.8 is added to read as follows: 503.2.8 Loading areas and passage drop-off areas. On private property, where fire apparatus access roads are utilized for loading or unloading or are utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the fire apparatus access road. This width is in addition to the minimum required access road width. 503.3 Marking is amended to read as follows: Where required by the fire code official, approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire apparatus access roads shall be identified by curbs painted red on both the top and face along the entire length of the fire apparatus access road. The red curbs shall be identified by stenciling "NO PARKING FIRE LANE" along the top face and side of the curb. Where no curb exists or a rolled curb is installed, a 6 inch wide red strip or approved posted signs applied to the full length of the fire apparatus access road shall be installed. Signs shall be placed every 50-feet. 504.1 Required access is amended to read as follows: Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. Finished grade is to be flat and accessible on all sides of the building were ground ladder access is the only means to reach the highest point on the building from the exterior. Distance from the building shall be flat and shall be determined by the Fire Chief. Obstructions will not be placed as to interfere with ground ladder placement. 505.1 Address numbers is amended to read as follows: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and R:/Ords 2007/0rds 07-16 5 industrial buildings shall have a minimum of twelve (12) inch numbers with suite numbers being a minimum of six (6) inches in size. All suites shall have a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. EXCEPTION: Building address numbers within the Tourist Retail Core (TRC) of the Old Town Specific Plan, are permitted to be a minimum of eight (8) inches in size. Section 505.3 is added to read as follows: 505.3 Multiple buildings at a single address. Each building shall display its specific alphabetic or numerical designation that shall be clearly distinguishable from the fire apparatus access road. Section 508.1 Required water supply is amended to read as follows: An approved permanent water supply capable of supplying the required fire flow for fire protection shall be provided by the developer prior to the commencement of construction to all premises upon which buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Water supplies for fire protection and hydrants shall be in accordance with Appendix Band Appendix C. 508.2.1 Private fire service mains is amended to read as follows: Private fire service mains and appurtenances shall be installed in accordance with NFPA 24 and the applicable provisions of NFPA 13, Chapter 10. 508.3 Fire Flow is amended to read as follows: Fire flow requirements for buildings or portions of buildings and facilities shall be determined by Appendix B. 508.5.5 Clear space around hydrants is amended to read as follows: A 3-foot clear space shall be maintained around the circumference of fire hydrants, fire department inlet connections, post indicator valves, OS&Y valves and other fire department appurtenances. Section 508.5.6.7 is added to read as follows: 508.5.6.7 Hydrant identification. Hydrant locations shall be identified by the installation of reflective markers (blue dots). R:/Ords 2007/0rds 07-16 6 Section 508.5.7 is added to read as follows: 508.5.7 Fire Hydrants Size and Outlets. Fire hydrant size and number of outlets shall be required as determined by the fire code official. Super Hydrant - Standard One 4" Outlet, and Two, 2 y:," Outlets Super Hydrant - Enhanced Two 4" Outlets, and One 2 %" Outlet 509.1 Features is amended to read as follows: Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code for buildings between 55 to 75 feet in height a fire command center for fire department operations shall be provided. The Fire Command Center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the Fire Chief. The fire command center shall be separated from the remainder of the building by not less than a 2-hour fire barrier constructed in accordance with section 706 of the California Building Code or horizontal assembly constructed in accordance with Section 711 of the California Building Code, or both. The room shall have direct access from the building exterior at the lowest level of fire department access and be a minimum of 96 square feet with a minimum dimension of 8-feet. A layout of the fire command center and all features required by this section to be contained therein shall be submitted for approval prior to installation. The fire command center shall comply with NFPA 72 and shall contain the following features: 1. [No change] 2. [No change] 3. [No change] 4. [No change] 5. [No change] 6. [No change] 7. [No change] 8. [No change] 9. [No change] 10. [No change] 11. [No change] 12. [No change] 13. [No change] 14. [No change] R:/Ords 2007/0rds 07-16 7 15. Fire Command centers shall not be used for the housing of any boiler, heating unit, generator, combustible storage, or similar hazardous equipment or storage, mechanical rooms or other areas as determined by the Fire Chief. 16. Survivability. Interconnecting cables between the Fire Command Center and the remote control equipment, including all circuits necessary for the operation of the notification appliances shall be protected from Attack by Fire. Section 509.2 is added to read as follows: 509.2 Fire Command Center Identification. The fire command center shall be identified by permanent easily visible sign stating "Fire Dept. Command Center", located on the door to the fire command center. Section 510.2 is added to read as follows: 510.2 Fire sprinkler system riser room. Risers shall not be obstructed in any manner. The fire system riser is to be provided with eighteen (18) inch clearance to each side and to the front of the system riser, access shall be provided by means of a door with the minimum dimensions two (2) feet six (6) inches wide by six (6) feet eight (8) inches tall from the exterior of the building directly to the riser as approved by the Chief. The fire system riser room shall not share with any other equipment (i.e., mechanical, electrical, etc.). The main fire alarm control panel shall also be placed in the riser room. Section 511 is added to read as follows: SECTION 511 FIRE DEPARTMENT RADIO SYSTEMS 511.01 Fire Department Emergency Communication System. When required by the Fire Chief, approved radios, repeaters, relays, antennas, secondary power source and other equipment as determined shall be provided within buildings to ensure fire department firefighter radio and data communications provide a reasonable degree of reliability for emergency services communications from within certain buildings and structures to and from emergency communications centers. It is the responsibility of the emergency service provider to get the signal to and from the building site. 511.02 Scope. The provisions of this article shall apply to new buildings and structures of construction greater than one-hundred thousand (100,000) square feet of gross building area or modifications made within any twelve (12) month period and exceed fifty percent (50%) of the value of the existing building(s) or structure(s), or the use of the property is expanded or enlarged by fifty percent (50%), which have not received a final inspection prior to the adoption of these R:/Ords 2007/0rds 07-16 8 provisions; and all basements or sub-level parking structures over ten thousand (10,000) square feet where the design occupant load is greater than fifty (50), regardless of the occupancy. For the purpose of this section, area separation walls cannot be used to define separate buildings (See new section 915 in Chapter 9 on Fire Protection Systems). 511.03 Radio coverage. Except as otherwise provided in this article, no person shall erect, construct or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for firefighters and police officers. A final inspection shall not be approved for any building or structure that fails to comply with this requirement. The departments Communication and Technology units with consideration of the appropriate fire and law enforcement department, at the time the building permit is issued, shall determine the frequency range or ranges that must be supported. For the purpose of this section, adequate radio coverage shall constitute a successful communications test between the building and the communications centers for all appropriate emergency service providers for the building. Section 512 is added to read as follows: SECTION 512 FIRE DEPARTMENT BREATHING APPARATUS AIR SYSTEMS. All buildings having floors used for human occupancy located five (5) stories or more above or below the lowest level of fire department vehicular access shall be equipped with an approved breathing apparatus air refilling system. Such system shall provide an adequate pressurized air supply through permanent piping system for the replenishment of self contained breathing apparatus carried by fire suppression, rescue and other personnel in the performance of their duties. Location and specification of access stations, and the installation of such breathing apparatus air refilling system shall be made in accordance with the requirements and standards of the Fire Chief. ( See Chapter 9) F. CHAPTER 6 BUILDING SERVICES AND SYSTEMS Section 601.2 Permits is amended to read as follows: 601.2 Permits. Permits shall be obtained for refrigeration systems, battery systems, and commercial kitchen hood systems, as set forth in Section 105.6 and 105.7. Section 601.3 is added to read as follows: 601.3 Construction documents. Construction documents shall be submitted to the Fire Chief prior to the installation or modification of stationary lead-acid battery systems, valve-regulated lead-acid battery systems, mechanical refrigeration and commercial kitchen hoods. R:/Ords 2007/0rds 07-16 9 604.2.15.1 Standby power is amended to read as follows: An emergency power system shall be provided. Where the emergency system is a generator set inside a building, the system shall be located in a separate room enclosed with 2 hour fire barriers or horizontal assemblies constructed in accordance with the California Building Code or both. System supervision with manual start and transfer features shall be provided at the fire command center. 604.2.15.1.2 Capacity is amended to read as follows: The emergency system shall have the capacity and rating that supplies all equipment required to be operational at the same time. The generating capacity is not required to be sized to operate all of the connected electrical equipment simultaneously. 604.2.16.2.1 Emergency Power Loads is amended to read as follows: Emergency Power Loads. The following are classified as emergency power loads: 1. Exit signs and means of egress illumination required by Chapter 10: 2. Elevator car lighting. 3. Emergency voice/alarm communications systems. 4. Automatic fire detection systems. 5. Fire alarm systems. 6. Power and lighting for the fire command center. 7. Lighting for mechanical rooms. 8. Electrically powered fire pumps. 9. Ventilation and automatic fire detection equipment for smoke proof enclosures. 10. Smoke control systems. 11. A selected elevator in each bank. 604.2.15.2.1 Deleted. 604.2.15.2.3 Deleted. 606.8 Refrigerant detectors is amended to read as follows: Machinery rooms that use refrigerant shall have a detector with audible and visual alarms. The alarm signaling devices shall comply with the audible and visual requirements from NFPA72. The detector, or a sampling tube that draws air into to the detector, shall be located in an area where a refrigerant from a leak may be expected to concentrate. The alarm shall be actuated at a value not greater than the corresponding TL V- TWA values shown in the California Mechanical Code for the refrigerant classification. Detectors and alarms shall be placed in one or more locations to assure notification of all occupants. R:/Ords 2007/0rds 07-16 10 Section 608.5.3 is added to read as follows: 608.5.3 Spill containment. Each rack of batteries or group of racks shall be provided with a liquid tight 4 inch spill control barrier which extends at least 1 inch beyond the battery rack in all directions. G. CHAPTER 9 FIRE PROTECTION SYSTEMS Section 901.2.2 is added to read as follows: 901.2.2 As-built documents. Three (3) sets of as built drawings shall be submitted to the fire department for approval within five (5) working days of the final acceptance testing. Section 901.3.1 is added to read as follows: 901.3.1 Modifications. No person shall remove or modify any fire protection system installed or maintained under the provisions of the California Fire Code without approval by the Fire Chief and the Building Official. 901.6 Inspection, testing, and maintenance is amended to read as follows: Fire detection, alarm and extinguishing systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. It shall be the responsibility of the owner to ensure that these requirements are met. Non required fire protection systems and equipment shall be inspected, tested and maintained or removed. Prior to the removal of any fire protection system, a permit shall be obtained from the Fire Chief. 902 Definitions is amended as follows: Definition to be added: COMMON AREA. For the purposes of ADA compliance for visual notification, a common area shall be a room, space, or element made available for use of a restricted group of people (example, occupants of a homeless shelter, the occupants of an office building, or the guests of such occupants). Common areas shall include restrooms, hallways, lobbies, meeting and conference rooms, classrooms, cafeterias, filling and photocopy rooms, employee break rooms, open office areas exceeding 300 square feet, examination and treatment rooms, and similar areas that are not used solely as employee work areas. Mechanical, electrical and telephone closets, janitor closets, and similar non-occupied spaces that are not common areas or assigned work areas are not required to have visual alarm devices. R:/Ords 2007/0rds 07-16 11 903.2 Where required is amended to read as follows: Approved automatic sprinkler systems shall be installed in all occupancies and locations greater than 3,600 square feet or any structure having a fire flow requirement of 1 ,500 gpm or more. Exceptions: 1. [No change] 2. [No change] 3. Notwithstanding the foregoing, for U occupancies, so long as the structure is used as storage barns ("pole barns") housing no persons or animals, open on all sides, and when separated from all other structures or improvements by at least 60 feet, and when also away from all property lines by at least 60 feet, an exemption to the requirement to install an automatic fire sprinkler system may be made by the Fire Chief or his or her designee, in their sole discretion, when the finding is made, in writing, by such official that such exemption will in no way diminish the safety or increase the risk to the public, and after the official has also determined that there is no reasonable likelihood that a fire in and affecting such pole barn could pose unreasonable threats to adjacent improvements, whether on or off the parcel the pole barn is located upon. 4. All new tenants and new occupancies hereafter constructed, which exceeds the fire area square footage of 3,600 square feet or requiring a fire flow of 1,500 gallons per minute shall have an approved automatic fire sprinkler system installed throughout therein. 5. All existing occupancies to which additions are made, where either the addition itself or the building and the addition in total exceeds the fire area square footage of 3,600 square feet or requiring a fire flow of 1,500 gallons per minute shall have an approved automatic fire sprinkler system installed throughout therein. 6. Change of Use or Occupancy that exceeds the fire area square footage of 3,600 square feet or requiring a fire flow of 1 ,500 gallons per minute shall have an approved automatic fire sprinkler system installed throughout therein. 903.2.10.1 Stories and basements without openings is amended to read as follows: An automatic sprinkler system shall be installed in every story or basement of all buildings where the area exceeds 1500 square feet regardless of the exterior openings. R:/Ords 2007/0rds 07-16 12 903.2.10.1.1 Opening dimension and access is amended to read as follows: Openings shall have a minimum dimension of not less than 36 inches. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that the fire fighter or rescue cannot be accomplished from the exterior. 903.3.7 Fire department connections is amended to read as follows: The location of the fire department connections shall be approved and be located within 50-feet of a public or approved fire hydrant. 903.4 Sprinkler system monitoring and alarms is amended to read as follows: All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised regardless of the number of sprinkler heads including interior and exterior valves regardless of location or floor. Subsection 903.4.1.1 is added to read as follows: 903.4.1.1 Duct Detectors. Duct detectors in individual tenant spaces of multi tenant buildings shall be powered from the main building alarm power supply. Subsection 903.4.1.2 is added to read as follows: 903.4.1.2 Fire Alarm Control Panel (FACP). The main fire alarm control panel shall be located in the same room as, and sharing the same access as the fire sprinkler riser. Subsection 903.4.1.3 is added to read as follows: 903.4.1.3 Pull Station. A minimum of one (1) manual pull station shall be provided at each automatic fire sprinkler system riser location. Subsection 903.4.4 is added to read as follows: 903.4.4 Notification device. New tenant spaces and new occupancy buildings shall require alarm notification devices. For multi tenant buildings an alarm notification device shall be placed in each suite. For existing buildings with new tenants an alarm notification device shall be required in each tenant space. For existing buildings that are not equipped with a fire alarm system or sprinkler monitoring system, new tenants or owners shall be required to install the appropriate type of alarm system. R:/Ords 2007/0rds 07-16 13 903.4.3 Floor control valves is amended to read as follows: Approved supervised indication control valves shall be provided at the point of connection to the riser on each floor in all buildings. Valve locations will be determined and approved by the Fire Chief. Section 905.3.11 is added to read as follows: 905.3.11 High-rise building standpipes. Standpipe risers shall be combination standpipe/sprinkler risers using a minimum pipe size of 6 inch. Shut-off valves and water-flow devices shall be provided on each floor at the sprinkler system connection to each standpipe. Two, four-way fire department connections serving combination systems shall be separated from each other and located at opposite sides of the building or as determined by the Fire Chief. At least one of the fire department connections shall be connected to the riser above a riser isolation valve. 907.2.19 Underground buildings is amended to read as follows: All underground buildings shall be equipped throughout with a manual fire alarm system, including an emergency voice/alarm communication system installed in accordance with section 907.2.12.2. 908.3 Highly toxic and toxic materials is amended to read as follows: Where required by Section 3704.2.2.10, for indoor storage and use of highly toxic and toxic compressed gases a gas detection system shall be provided to detect the presence of gas at or below the permissible exposure limit (PEL) or ceiling limit of the gas for which detection is provided. The system shall be capable of monitoring the discharge from the treatment system at or below one-half the immediately dangerous to life and health (1 DLH) limit. Exception: A gas-detection system is not required for toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas. 908.3.1,908.3.2 and 908.3.3 are added to read as follows: 908.3.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short-term hazard condition is detected. The alarm shall be both visible and audible and shall provide warning both inside and outside the area where areas where gas is detected. The audible alarm shall be distinct from all other alarms. Exception: Signal transmission to a constantly attended control station is not required when not more than one cylinder of highly toxic or toxic gas is stored. R:/Ords 2007/0rds 07-16 14 908.3.2 Shutoff of gas supply. The gas detection system shall automatically close the shutoff valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected. Exception: Automatic shutdown is not required for reactors utilized for the production of highly toxic or toxic compressed eases where such reactors are: 1. Operated at pressures less than 15 pounds per square inch gauge (psig) (103.4 kPa) 2. Constantly attended. 3. Provided with readily accessible emergency shut-off valves. 908.3.3 Valve closure. The automatic closure of shutoff valves shall be in accordance with the following: 1. When the gas-detection sampling point initiating the gas detection system alarm is within a gas cabinet exhausted enclosure, the shutoff valve in the gas cabinet or exhausted enclosure for the specific gas detected shall automatically close. 2. Where the gas-detection sampling point initialing the gas detection system alarm is within a gas room and compressed gas containers are not in gas cabinets or exhausted enclosures, the shutoff valves on all gas lines for the specific gas detected shall automatically close. 3. Where the gas-detection sampling point initiating the gas detection system alarm is within a piping distribution manifold enclosure, the shutoff valve for the compressed container of specific gas detected supplying the manifold shall automatically close. Exception: When the gas-detection sampling point initiation the gas detection system alarm is at a use location or within a gas valve enclosure of a branch line down-stream of a piping distribution manifold, the shutoff valve in the gas valve enclosure for the branch line located in the piping distribution manifold enclosure shall automatically close. 908.4 Ozone gas generator rooms is amended to read as follows: Ozone gas generator rooms shall be equipped with a continuous gas-detection system that will shut off the generator and sound a local alarm when concentrations above the PEL occur. 908.6 Refrigerant systems is amended to read as follows: Machinery rooms shall contain a refrigerant detector with an audible and visual alarm. The detector, or a sampling, tube that draws air to the detector shall be located in an area where refrigerant from a leak will concentrate. The alarm shall be actuated at a value not greater than the corresponding TLV- TWA values for R:/Ords 2007/0rds 07-16 15 the refrigerant classification indicated in the California Mechanical Code. Detectors and alarms shall be placed in approved locations. 909.1.1 is added to read as follows: 909.1.1 High rise buildings. When required by the Fire Chief an approved smoke control system shall be installed for high-rise buildings in accordance to section 909. 912.2.1 Visible location is amended to read as follows: Fire department connections shall be located on the front access side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the fire code official. The location of fire department connections shall be approved and installed as follows: 1. Within 50-feet of an approved roadway or driveway and arranged so that hose lines can be readily attached to the inlets without interference from any nearby objects including buildings, fences, posts, plantings, or other fire department connections and or otherwise approved by the Fire Chief. 2. With in 50-feet of an approved hydrant. 3. So that the inlet height shall not be less than 36 inches or more than 48 inches above grade. 4. Guard posts or other approved means may be required to protect fire department inlet connections from vehicular damage. 914.5 Underground buildings is amended to read as follows: 914.5 Underground buildings. Underground buildings shall comply with sections 914.5.1 through 914.5 and windowless buildings with a total floor area of 5000 square feet shall comply with sections 914.5.2 through 914.5.6 Section 915 is added to read as follows: SECTION 915 FIREFIGHTER AIR SYSTEMS. 915.1 Scope. The design, installation, and maintenance of firefighter air systems shall be in accordance with this section. 915.2 Required installations. A firefighter air system shall be installed in the following buildings: 1. Buildings classified as high-rise in accordance with the City of Temecula Fire Department Ordinance and the California Building Code. 2. Underground structures that are two or more floors below grade with an area greater than 10,000 square feet. R:/Ords 2007/0rds 07-16 16 915.3 Permits, plans, and fees. 915.3.1 Permits. A permit is required to install or modify a firefighter air system. 915.3.2 Plans. Prior to the installation of a firefighter air system, a minimum of two sets of plans and specifications shall be submilled to the Fire Department for review and approval. Plans shall demonstrate compliance with the requirements of this section and shall include calculations prepared by a registered professional engineer demonstrating that the design criteria for all pressure containing components is satisfied plus a minimum safety factor of 25%. The plans submillal shall also include specifications for the tubing, fillings, and manufacturer data sheets for valves, pressure regulators, pressure relief devices, gauges, RIC universal air connections and cylinder filling hoses. 915.3.3 Contractor qualification. The firefighter air system shall be installed by California State licensed contractors. Proof of licensure shall be provided with the plan submillal. 915.4 Design criteria. 915.4.1 The system shall be designed to fill, at each interior cylinder filling panel one 66 standard cubic foot compressed breathing air cylinder to a maximum pressure of 3,000 and 4,500 PSIG. 915.4.2 The filling operation shall be completed in not more than two minutes upon connection of the cylinder to the fill hose. 915.4.3 The minimum design flow of the breathing air piping system shall be calculated using two interior cylinder filling panels operating simultaneously and located at the highest level above the fire department access. 915.5 Operating pressure. All components used in the system shall be rated to operate at a minimum pressure of 5,000 PSIG at 70oF. 915.6 Marking. System piping, gauges, valves and air outlets shall be clearly marked by means of steel or plastic labels or tags indicating their function. Markings used for piping systems shall consist of the content's name and include a direction of flow arrow. Markings shall be provided at each valve; at wall, floor or ceiling penetrations; at each change of direction; and at a minimum of every 20 feet (6096 mm) or fraction thereof throughout the piping system. 915.7 Base Station exterior fire department connection panel and enclosure. 915.7.1 Location. A fire department connection panel shall be allached to the building or on a remote monument at the exterior of the building. The panel shall be secured inside of a weather resistant enclosure. The panel shall be within 50 feet (15240 mm) of an approved roadway or driveway, or other location approved R:/Ords 2007/0rds 07-16 17 by the Fire Department. The enclosure shall be visible and accessible on approach to the building. 915.7.2 Construction. The fire department connection panel shall be installed in a cabinet constructed of minimum 18-gauge carbon steel. When constructed of steel, the cabinet shall be provided with coating to protect the cabinet from corrosion. When the enclosure is constructed of non-metallic materials, the enclosure shall be resistant to ultraviolet and infrared solar radiation. 915.7.3 Vehicle protection. When the panel is located in an area subject to vehicle traffic, impact protection shall be provided in accordance with this Code. 915.7.4 Base Station enclosure marking. The front of the Air Substation immediately below to the next substation above the Air Base Station. 1. The fill hoses and isolation valves shall be installed between the air bottle connection line and the fresh air supply. 2. Excess bleed valves shall be located between the air bottle fill hose and the next Air Substation. 3. When multiple bottle fill hoses are required at a single Air Substation, the air supply lines shall be identified as 4500 psig pressure and 3000 psig pressure and shall be controlled by a single valve between the air supply and air bottle. The SCBA fill hoses shall be designed with RIC UAC fittings. A protective cap to be provided for each hose. 4. Mechanical supports for piping, hoses, gauges and pressure components, shall be designed and built to provide a solid rigid structure. 915.8.6 Cylinder filling hose. The design of the cabinet shall provide a means for storing the hose to prevent kinking. When the hose is coiled, the brackets shall be installed so that the hose bend radius is maintained at 4 inches or greater. The discharge outlet of each cylinder filling hose shall have a female RIC UAC. The female fitting shall be designed to connect to a male RIC UAC. The assembled RIC UAC shall meet the construction, performance and dimensional requirements of NFPA 1981, Standard on Open Circuit Self-Contained Apparatus for Fire and Emergency Services, 2002 Edition, Section 6.4. 915.8.7 Security. To prevent unauthorized access to or tampering with the system, each panel cover shall be maintained locked by an approved means. 915.9 Installation of components. 915.9.1 Pressure monitoring switch. An electric low pressure monitoring switch shall be installed in the piping system to monitor the air pressure. The pressure switch shall be connected to the building's fire alarm system. The pressure switch shall transmit a supervisory signal when the pressure of the breathing air system is less than 3,000 PSIG at 700 F, + 100 PSIG. If the building is not equipped with a fire alarm system, activation of the pressure switch shall activate R:/Ords 2007/0rds 07-16 18 an audible alarm located at the building's main entrance. A weather resistant sign shall be provided adjacent to the audible alarm stating "FIREFIGHTER AIR SYSTEM - LOW AIR PRESSURE ALARM." The lettering shall be in a contrasting color and the letters shall be a minimum of 2 inches high with 3/8- inch brush stroke. 915.9.2 Tubing. Piping shall be constructed of stainless steel or other approved materials that are compatible with breathing air. The use of nonmetallic materials shall be compatible with breathing air. When stainless steel tubing is used, it shall meet ASTM A-269, Grade 316 or an equal standard. Stainless steel fitting shall be a minimum .375 inches (9.5 mm) outside diameter x .065 inches (1.6 mm) wall Grade 316 fully annealed seamless. Stainless steel fittings shall be at least Grade 316 and meet the requirements of ASTM A-479 or equal. Routing of tubing and bends shall be such as to protect the tubing from mechanical damage. 915.9.3 Support. Piping shall be supported at maximum intervals of 5 feet (1524 mm). Individual tubing clamps and mounting components shall be mechanically secured to the building support-members in accordance with manufacturers specifications. 915.9.4 Fittings. Fittings shall be constructed of stainless steel or other approved materials that are compatible with breathing air. The use of nonmetallic materials shall be compatible with breathing air. Stainless steel fittings shall be at least Grade 316 and meet the requirements of ASTM A-479 or an equal standard. 915.9.5 Prohibition. The use of carbon steel, iron pipe, malleable iron, high strength gray iron, or alloy steel is prohibited. 915.10 System assembly requirements. The system shall be all welded system except where the tubing joints are readily accessible and at the individual air fill panels. When mechanical high-pressure tube fittings are used, they shall be approved for the type of materials to be joined and rated for the maximum pressure of the system. Welding procedures shall meet ASME B31.1-1989, Part 4 and Chapter V (Exhibit VI). Prior to and during the welding of sections of tubing, a continuous, regulated dry nitrogen or argon purge at three PSIG shall be maintained to eliminate contamination with products of the oxidation or welding flux. The purge shall commence a minimum of 2 minutes prior to welding operations and continue until the welded joint is at ambient temperature 600 - 800F (15.50 - 26.60C). 915.11 Prevention of contamination. The installing contractor shall ensure that, at all times, the system components are not exposed to contaminants, including but not limited to, oils, solvents, dirt and construction materials. When R:/Ords 2007/0rds 07-16 19 contamination of system components has occurred, the affected component shall not be installed in the system. 915.12 Testing and inspection. 915.12.1 Testing. Following fabrication, assembly, and installation of the piping distribution system, exterior connection panel and interior cylinder fill panels, the Fire Department shall witness the pneumatic testing of the complete system at a minimum test pressure of 5,500 PSI using oil free dry air, nitrogen or argon. A minimum 24 hour pneumatic or hydrostatic test shall be performed. During this test all fittings, joints and system components shall be inspected for leaks. A solution compatible with the system component materials shall be used on each joint and fitting. Any defects in the system or leaks detected shall be documented on an inspection report, repaired or replaced. As an alternate, a pressure decay test in accordance with ASME B31.3 is allowed. A test of the low pressure monitoring switch shall be performed. Each air fill panel shall be tested for compatibility with the fire department's SCBA RIC UAC. The pipe or tubing manufacturer mill report shall be provided to the Fire Department. 915.12.2 A minimum of two samples shall be taken from separate air fill panels and submitted to an independent certified gas analysis laboratory to verify the system's cleanliness and that the air is certified as breathing air. The laboratory shall submit a written report of the analysis to the Fire Department documenting that the breathing air complies with this section. 915.12.3 During the period of air quality analysis, the air fill panel inlet shall be secured so that no air can be introduced into the system and each air fill panel shall be provided with a sign stating "AIR QUALITY ANALYSIS IN PROGRESS, DO NOT FILL OR USE ANY AIR FROM THIS SYSTEM." This sign shall be a minimum of 8 % X 11 inches (215 mm x 279 mm) with minimum of 1 inch (25.4 mm) lettering. 915.12.4 Inspection. Annually, the breathing air within the system shall be inspected in accordance with this section. Annually one air sample shall be taken and certified as breathing air in accordance with the section. The laboratory test results shall be maintained available for review by the Fire Department. 915.13 System acceptance and certification. Prior to the final acceptance of the air system, the building owner shall provide for the testing and certification of the system. As a minimum, this shall include; verifying the system's compatibility with the fire department's SCBA apparatus, the system's ability to maintain 5,000 PSI working pressure, the operability of the low pressure monitoring switch and that the system's air quality complies with the requirements of section 915.12. Prior to final acceptance, the building owner shall provide the Fire Department with written verification of a testing and certification contract. Upon satisfactory completion of all tests and verification of air quality, the system shall be considered complete. R:/Ords 2007/0rds 07-16 20 H. CHAPTER 11 AVIATION FACILITIES 1103.8 is added to read as follows: 1103.8 Drip pans. Drip pans shall be provided under the engines of all aircraft stored or parked in any hanger where the leakage of engines fuels, lubricants or hydraulic oils occurs. I. CHAPTER 22 MOTOR FUEL DISPENSING FACILITIES AND REPAIR GARAGES 2201.1 Scope is amended to read as follows: Automotive motor fuel-dispensing facilities, marine motor fuel-dispensing facilities, fleet vehicle motor fuel-dispensing facilities and repair garages shall be in accordance with this chapter and the California Building Code, California Plumbing Code and the California Mechanical Code. Such operations shall include both operations that are accessible to the public and private operations. For provisions relating to the transfers of flammable and combustible liquids directly from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments, see section 3406.5.4.5 2202.1 Definitions is amended by adding definitions to read as follows: MOTOR VEHICLE. Includes, but is not limited to, a vehicle, machine, tractor, trailer or semi-trailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property. It does not include a vehicle, locomotive or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. The term "motor vehicle" also includes freight containers or cargo tank used, or intended for use, in connection with motor vehicles. 49 CFR PI. 171.8 (October 2002). MOTOR VEHICLE, UNATTENDED. A motor vehicle where the driver cannot see the motor vehicle or hear noises in or near the motor vehicle. Exceptions 1. Necessary absence in connection with loading and unloading the motor vehicle. 2. Stops for meals during the day or night, if the point of parking is well lighted. 3. When in case of accident or emergency, the driver must leave to obtain assistance. R:/Ords 2007/0rds 07-16 21 2203.2 Emergency disconnect switches last sentence is amended to read as follows: Signs shall be provided in approved locations and letters shall not be less than 3 inches (76.2 mm) in height and % inches (12.7 mm) in stroke. 2204.4.1 Approved containers required is amended to read as follows: Class I, II and iliA liquids shall not be dispensed into a portable container unless such container is of approved material and construction, and has a tight closure with screwed or spring-loaded cover so designed that the contents can be dispensed without spilling. Liquids shall not be dispensed into portable tanks or cargo tanks. It shall be unlawful to sell, offer for sale or distribute any container for the storage and/or handling of flammable liquids, unless such container has been approved for such purpose under applicable provisions of this code. 2206.2.2 Above-ground tanks located inside buildings is amended to read as follows: Above-ground tanks for the storage of Class I, II and iliA liquid fuels are allowed to be located in buildings. Such tanks shall be located in special enclosures complying with Section 2206.2.6, in a liquid storage room or a liquid storage warehouse complying with Chapter 34. Exceptions 1. Above-ground tanks listed and labeled as protected above-ground tanks containing Class I flammable liquids and having an individual capacity not exceeding 120 gallons (454 I) 2. Above-ground tanks listed and labeled as protected above-ground tanks containing Class II or iliA combustible liquids and having and individual capacity not exceeding 240 gallons (906 I). 2206.2.3 Above-ground tanks located outside, above grade is amended to read as follows: Above ground tanks shall not be used for the storage of Class I, liar iliA liquid motor fuels except as provided by this section. 1. Above-ground tanks used for above-ground storage of Class II or iliA shall be listed and labeled as protected above-ground tanks and be in accordance with Chapter 34. Tank locations shall be in accordance with Table 2206.2.3. 2. Tanks containing Class I liquids shall not exceed 12,000 gallons in individual capacity or 12,000 gallons in aggregate capacity. Tanks containing Class II or iliA liquid fuels shall not exceed 12,000 gallons in individual capacity or 48,000 in aggregate capacity. The total maximum aggregate quantity of all flammable and R:/Ords 2007/0rds 07-16 22 combustible liquids in above-ground storage tanks shall not exceed 48,000 gallons 2206.2.4.1 Tank capacity limits is amended to read as follows: Tanks storing Class I liquids at an individual site shall be limited to a maximum individual capacity of 12,000 gallons and an aggregate capacity of 12,000 gallons. Tanks storing Class II and IliA liquids at an individual site shall be limited to a maximum individual capacity of 12,000 gallons and an aggregate capacity of 48,00 gallons. 2206.2.4.2 Fleet vehicle motor fuel-dispensing facilities is amended to read as follows: Vaulted tanks storing Class II and Class iliA liquids at a fleet vehicle motor fuel- dispensing facility shall be limited to a maximum individual capacity of 20,000 gallons and an aggregate capacity of 80,000 gallons or as approved by the Fire Chief. 2209.3.4 is added to read as follows: 2209.3.4 Overhead lines. The proximity to overhead lines shall be not less than 50 feet from vertical plane below the nearest overhead wire of an electric trolley, train or bus line; and not less than 5 feet from the vertical plane below the nearest overhead electrical wire. J. CHAPTER 23 HIGH PILED COMBUSTIBLE STORAGE 2301.3 Construction documents, item 7, is amended to read as follows: 7. Location and classification of commodities in accordance with Section 2303 and NFPA 13. Materials listed within each commodity classification is assumed to be unmodified for improved combustibility characteristics. Use of f1ame- retarding modifiers or the physical form of the material could change the classification. See Section 2303.7 for classification of Group A, Band C plastics. 2306.4.1, 2306.4.2, and 2306.4.3 are added to read as follows: 2306.4.1 Sprinkler design in warehouses. The automatic sprinkler systems designed for the protection of Group M and S occupancies containing high pile storage or high challenge commodities over an area equal to or greater than 2,500 fl.2, and for the protection of hazardous materials stored more than one pallet high in Group M, S or H occupancies shall be in accordance with this section. This section does not apply to miscellaneous storage within the scope of NFPA 13. R:/Ords 2007/0rds 07-16 23 2306.4.2 Minimum Requirements for client leased or occupant owned warehouses. The design of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible Fire Protection Engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The Engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. Technical Report shall clearly define the basis for determining the commodity and sprinkler design selection, along with how the commodities will be isolated or separated, and the referenced design document(s), including NFPA 13 or the current applicable Factory Mutual Data Sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review. 2306.4.3 Identification of sprinkler system capabilities and limitations. An adhesive label shall be permanently installed at or adjacent to each sprinkler riser. When a building contains more than four risers, the sign shall be located at an approved location inside the building. When sprinkler risers are located outside of the building, the sign shall be stamped metal. The minimum sign dimension is 6-inches high by 4-inches wide. The sign shall specify the capabilities and limitations of the automatic sprinkler system. The sign shall include the following information: 1. The design base or basis, including the edition used. 2. A statement indicating if the sprinkler design is control mode density area method, control mode specific application, suppression mode, or any combination thereof. 3. When used, all of the storage conditions stipulated NFPA 13 for Special Designs. 4. The maximum storage height. 5. The minimum required aisle width. 6. If storage is in racks, the maximum rack width and minimum transverse and longitudinal flue widths. 7. Commodities that can be protected by the automatic sprinkler system. 8. Commodities that cannot be protected by the automatic sprinkler system. 9. Limits on storage heights of idle wood and plastic storage. 10. Limits on storage heights of miscellaneous Group A plastic, tire and rolled paper storage. 11. Locations where in-rack sprinklers are required. 12. Locations where horizontal and/or vertical barriers are required. 13. Information explaining the manufacturer, sprinkler identification number, k- factor, and operating temperature of the overhead sprinklers protecting the high pile storage. R:/Ords 2007/0rds 07-16 24 2306.6 Building access is amended to read as follows: Building access roads shall be provided within 150 feet of all portions of the exterior walls of buildings used for high-piled storage. 2306.6.1.1 Number of doors required is amended to read as follows: A minimum of one access door shall be provided in each 100 lineal feet or fraction thereof, of the exterior walls. 2308.3 Flue spaces is amended to read as follows: Flue spaces shall be provided in accordance with Table 2308.3. Required flue spaces shall be maintained. In double row racks a pallet/commodity stop shall be provided along the longitudinal flue space at each level. The stop shall be steel or other ferrous material Y4' thick and in the mounted position shall extend a minimum of 4-inches above the shelves or cross member, or other method approved by the authority having jurisdiction. 2308.4 Column protection is amended to read as follows: Steel building columns shall be protected in accordance with NFPA 13. K. CHAPTER 25 TIRE REBUILDING AND TIRE STORAGE 2501.3 is added to read as follows: 2501.3 Site plans. At the time of permit application for storing tires outdoors, a site plan shall be submitted to the fire code official identifying the location and dimensions of tire storage areas, tire pile dimensions and height, distance from buildings and property lines, width and location of aisles, and fire apparatus access roads 2505.1 Individual piles is amended to read as follows: Tire storage shall be restricted to individual piles that are 20 feet wide by 150 feet long. Piles shall not exceed 10 feet in height. Tires shall be placed on solid, level ground. 2505.7 Location of storage. Outdoor waste tire storage shall not be located under bridges, elevated trestles, elevated roadways or elevated railroads. 2505.8 Dead-end aisles. No dead-end aisles shall be allowed within the facility. 2505.9 Stacking. The method of stacking shall be solid piles in an orderly stable array to be determined by the Fire Chief. R:/Ords 2007/0rds 07-16 25 L. CHAPTER 27 HAZARDOUS MATERIALS - GENERAL PROVISIONS 2701.1 Scope is amended by deleting Exception 8. 2701.5.2 Hazardous Materials Inventory Statement (HMIS) is amended to read as follows: Where required by Sections 105.6 and 105.7 an application for a permit shall include an HMIS, such as SARA (Superfund Amendments and Reauthorization Act of 1986) Title III, Tier II Report, and/or The City of Temecula Fire Department Chemical Classification Reporting Package. A permit shall be completed and approved prior to approval of architectural and system plans, and/or storage, use or handling of chemicals on the premises. The HMIS for the City of Temecula Fire Department shall include the following information: 1. Common or Trade Name: This is the name of the chemical or product as it appears on the container label. 2. Chemical Name(s) and %: This is the technical name for the pure chemical. If the chemical is a mixture, list the components of the mixture with their percentaqe composition. If it is a pure chemical, list, the percent concentration, e.g. sulfuric acid--50%. 3. CAS number: The Chemical Abstract number can sometimes be found on the Material Safety Data Sheet. If not, a chemical manual should provide this information. A CAS number must be provided for each component of mixtures. 4. Material form: Is the product a solid, liquid or gas? Solids shall be reported in pounds, liquid reported in gallons, and gases reported in cubic feet. Liquefied petroleum gases and cryogenic liquids must be converted to gallons. Aerosols must be reported in pounds and classified as Level 1, 2, or 3 based on the flammability of the propellant and the product. However, the quantity of nonflammable/combustible components in the aerosol must be reported in gallons, e.g., .016 gallons (2 ounces) of tetramethrin in "Combat Fogger", the .016 gallons of tetramethrin must also be included in the summary for that/those hazard class(es). 5. Quantity Stored: The amount in storage within unopened containers in the building or area. R:/Ords 2007/0rds 07-16 26 6. Quantity in Use: The amount in use in the process/dispensing area(s) of the building. Also, indicate whether the amount in use is in an open or closed system(s) 7. Location: Is the product in a cabinet, lab room, high-piled rack system, open vat, etc. 8. Hazard Class(es): All hazard classifications for the chemical must be listed. There may be several applicable classifications. 9. A color coded floor plan is required with all hazardous materials inventory statement reports. The floor plan must show locations of all the chemicals being stored, whether they are in use, storage or packaged for retail sales. The floor plan needs to be color coded for the different chemicals that are stored. If the commodities are stored on racks, please show the racks on the floor plan with the commodity location on the racks. M. CHAPTER 30 COMPRESSED GASSES 3001.2 Permits is amended to read as follows: Permits shall be required as set forth in Section 105.6 and 105.7. 3001.3 is added to read as follows: 3001.3 Construction documents. Construction documents shall be submitted to the fire code official for approval prior to the installation or modification of compressed gas systems. 3006.2 Interior supply location is amended to read as follows: Medical gases shall be stored in areas dedicated to the storage of such gases without other storage or uses. Where containers of medical gases are stored in quantities greater than the maximum allowable quantity inside buildings, they shall be in a 1-hour exterior room, a 1-hour interior room or a gas cabinet in accordance with Section 3006.2.1, 3006.2.2 or 3006.2.3. N. CHAPTER 31 CORROSIVE MATERIALS 3101.2 Permits is amended to read as follows: Permits shall be required as set forth in Appendix Chapter 1, Section 105.6 and 105.7. R:/Ords 2007/0rds 07-16 27 3101.3 is added to read as follows: 3101.3 Construction documents. Prior to the installation or modification of piping, systems or tanks containing corrosive materials or the installation or modification of storage rooms for corrosive materials, construction documents shall be submitted to the authority having jurisdiction for approval. The construction documents shall be sealed and signed by a qualified California Registered Professional Engineer. O. CHAPTER 34 FLAMMABLE AND COMBUSTIBLE LIQUIDS 3404.3.6.1 Container type is amended to read as follows: Containers for Class I liquids shall be metal. Exception: In sprinkle red buildings, an aggregate quantity of 120 gallons (454 L) of water-miscible Class IB and Class IC liquids is allowed in nonmetallic containers, each having a capacity of 16 ounces (0.473 L) or less. Plastic containers may be used for Class II and III Liquids only when Individual containers are: 1. Stored less than 5 feet high; or 2. Confined to box bins protected by automatic sprinklers with in racks. 3406.5.4.5, items 6, 12, 17, and 24 are amended as follows: 6. Mobile fueling shall not take place within 15 feet (4572 mm) of buildings, property lines of combustible storage or storm drains. 12. Absorbent materials, nonwater-absorbent pads capable of absorbing a minimum of 16 gallons (16 L), a 10-foot-long (3048 mm) containment boom, an approved container with lid, a non metallic shovel and a storm drain spill kit shall be provided to mitigate a minimum 5-gallon (19 L) fuel spill. 17. Fuel dispensing is prohibited within 15 feet of any source of ignition. 24. The fire code official and other appropriate authorities shall be notified without delay by the fuel delivery operator, when a reportable spill or unauthorized discharge occurs or when any spill or accident release, inside or outside of a building could present a fire or life safety hazard. P. CHAPTER 35 FLAMMABLE GASES 3501.2 Permits is amended to read as follows: Permits shall be required as set forth in Section 105.6 and 105.7. R:/Ords 2007/0rds 07-16 28 3501.3 is added to read as follows: 3501.3 Construction documents. Prior to the installation or modification of piping, systems or tanks containing flammable gases or the installation or modification of storage rooms for flammable gases, construction documents shall be submitted to the Authority Having Jurisdiction for approval. The construction documents shall be sealed and signed by a qualified California Registered Professional Engineer. 3502.1 is amended by adding a definition to read as follows: METAL HYDRIDE STORAGE SYSTEM - A system for the storage of hydrogen gas absorbed in solid material. 3503.1.7 and 3503.1.7.1 are added to read as follows: 3503.1.7 Hydrogen gas absorbed in solids. The hazard classification of the metal hydride storage system, as required by Section 2701.2.2, shall be based on the hydrogen stored without regard to the metal hydride content. 3503.1.7.1 Listed system. Metal hydride storage systems shall be listed for the application and designed in a manner that prevents the removal of the metal hydride. Q. CHAPTER 38 LIQUEFIED PETROLEUM GASES 3801.2 Permits is amended to read as follows: Distributors shall not fill an LP-gas container for which a construction permit is required until the installation has been inspected and approved by the fire code official. 3801.2.1 and 3803.2.3 are added to read as follows: 3801.2.1 Operational permit. An operational permit is required to operate a LP-Gas installation with an aggregate water capacity of more than 2,000 gallons or to use an open flame (flare) to dispose of LP Gas from a container. 3803.2.3 Idle cylinders. Cylinders in storage awaiting use shall be stored outside of Group A occupancies. R:/Ords 2007/0rds 07-16 29 R. APPENDICES Appendix B B104.2 Area separation is amended to read as follows: Portions of buildings which are separated by fire walls without openings, constructed in accordance with the California Building Code, may be considered as separate fire flow area calculations. B105.1 One- and two-family dwellings is amended to read as follows: The minimum fire-flow requirements for one- and two-family dwellings having a fire flow calculation area which does not exceed 3,600 square feet shall be 1,000 gallons per minute. Fire flow and flow duration for dwellings having a fire flow calculation area in excess of 3,600 square feet shall not be less than 1,500 gpm @ 20 psi residual pressure for a 2 hour duration. Fire hydrant locations and distribution shall be in accordance with Appendix C. B105.2 Buildings other than one- and two-family dwellings is amended to read as follows: The minimum fire flow and flow duration for Commercial, Retail and Multi Family buildings shall have water mains capable of delivering a fire flow of not less than 4,000 gpm @ 20psi residual pressure for a 4-hour duration. Fire hydrant locations and distribution shall be in accordance with Appendix C. B105.3 Industrial Buildings. Industrial developments shall have water mains capable of delivering a fire flow of not less than 6,000 gpm @ 20psi residual pressure for a 4-hour duration. Fire hydrant locations and distribution shall be in accordance with Appendix C. Appendix C C102.1 Fire hydrant locations is amended to read as follows: Fire hydrants shall be provided at street intersection and along required fire apparatus access roads and adjacent public streets. Fire hydrants used or installed for the frontage requirements as stated by Table C105.1 shall be on the building side of fire department access roads and adjacent public streets. Table C105.1 Footnote c is amended to read as follows: Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems super fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards. Water mains serving one and two-family residential developments, super fire hydrants shall be provided at spacing not to exceed 500 feet along the R:/Ords 2007/0rds 07-16 30 tract boundary for transportation hazards. Water mains serving multi-family, commercial and industrial developments, super or enhanced fire hydrants as determined by the Fire Chief shall be provided at spacing not to exceed 350 feet of frontage for transportation hazards. 15.16.030 Penalties for violation of Chapter 15.16. Any person, firm, partnership, or corporation violating any provision or to failing to comply with any of the requirements of this Chapter or any of the Codes hereby adopted, shall be subject to the penalties set forth in Chapters 1.20, 1.21 and 1.24 of the Temecula Municipal Code. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter or the Codes hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Chapter. 15.16.040 Civil remedies available. The violation of any of the provisions of this Chapter or any of the Codes hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. Section 2. Severability. The City Council declares that, should any provIsion, section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect. Section 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 2ih day of November, 2007. , Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2007/0rds 07-16 31 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. 07-16 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 6th day of November, 2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 2ih day of November, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2007/0rds 07-16 32 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA FIRE CODE, 2007 EDITION, ARE REASONABL Y NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL AND/OR TOPOGRAPHICAL CONDITIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES FIND AND RESOLVE AS FOLLOWS: 1. Recitals A. Certain building standards and other related model codes are adopted by the State of California in the California Building Standards Code and become applicable in the City unless amended by the City pursuant to Health and Safety Code Section 17958. B. Health and Safety Code Section 17958.5 authorizes the City Council to make reasonably necessary changes or modifications to the State adopted building codes, including the California Fire Code, based on certain local conditions. C. The Fire Chief of the City of Temecula has determined and recommended that the modifications to the California Fire Code, 2007 Edition, contained herein, are reasonably necessary due to local conditions. D. Health and Safety Code Section 17958.7 requires the City Council to make express findings of the necessity for modifications to the building standards contained in the California Fire Code, 2007 Edition. 2. The City Council of the City of Temecula hereby expressly finds that the amendments and modifications to the California Fire Code, 2007 Edition, contained in Ordinance No. 07-16 and concerning the following general provisions: Administration (subsection A), Definitions (subsection B), General Precautions Against Fire (subsection C), Emergency Planning and Preparedness (subsection D), Fire Service Features (subsection E), Building Services and Systems (subsection F), Fire Protection Systems (subsection G), Aviation Facilities (subsection H), Motor Fuel Dispensing Facilities and repair Garages (subsection I), High Piled Combustible Storage (subsection J), Tire Rebuilding and Tire Storage (subsection K), Hazardous Materials - General Provisions (subsection L), Compressed gases (subsection M), Corrosive Materials (subsection N), Flammable and Combustible Liquids (subsection 0), Flammable Gases (subsection P), Liquefied Petroleum Gases (subsection Q), Appendices (subsection R) are reasonably necessary due to the following local climatic, geological or topographical conditions: A. Climatic Conditions: Generally Riverside County and the City of Temecula have an arid climate. Annual rainfall varies from 3 inches in Blythe to over 33 inches in Pine Cove. Hot, dry Santa Ana winds are common to areas within Riverside County. These winds constitute a contributing factor, which causes small fires originating in high-density development presently being constructed in the County of Riverside and the City of Temecula, which spread quickly and create the need for an increased level of fire protection. This added protection, including, but not limited to on-site protection, will supplement normal fire Department response available in new development, and provide immediate fire protection for life and safety of multiple-occupancy occupants during fire occurrence. B. Topoqraphical Conditions: Traffic and circulation congested in urban areas often place Fire Department response time to emergencies at risk. This condition makes the need for enhanced on- site protection for property occupants necessary. C. Geoloqical Conditions: The City of Temecula is located in an area near high seismic activity. Because of the degree of the City's urbanization and close proximity to major fault lines, the risk of structural damage and loss of life due to ground shaking is considerable. During a major earthquake, emergency resources would be extremely taxed, and the ability to respond to such emergencies would be complicated. Local standards in excess of statewide minimums will assist in reducing risks associated with earthquakes and the consequent disruption of traffic flow. 3. Specific Amendments and References to Findings Local climatic, geographic and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity and size of fire involving buildings in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be reasonably necessary that provisions of the California Fire Code be modified to mitigate the effects of the above conditions. California Health and Safety Code Section 17958.7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the City Council finds that the following table sets forth 2007 California Fire Code provisions constituting building standards that have been modified pursuant to Ordinance No. 07-16, and the associated local climatic, geological and topographical conditions described above in Section 2 supporting modification. CFC Section added or amended: Specific Findinq-- climatic. topoqraphical and/or qeoloqical conditions (Section 2): Appendix Ch 1, 105.6.1 Appendix Ch 1, 105.6.16 #2 and #3 Appendix Ch 1, 105.6.20 Appendix Ch 1,105.7.7 202 (def amended - fire chief) 202 (def added - hazardous fire area) 202 (def amended - high rise building, item #2) 202 (def added - model rocket) 202 (def added - model rocket engine) 309 309.7 404.2, #14 501.4 503.1 503.1.1, Exception #2 503.1.1.1 503.1.1.2 503.2.1 503.2.3 503.2.4 503.2.5 503.2.7 503.2.8 503.3 504.1 505.1 505.3 Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Topographical, Geological Climatic, Topographical, Geological 508.1 508.2.1 508.3 508.5.5 508.5.6.7 508.5.7 509.1 509.1, Exception #15 509.1, Exception #16 509.2 510.2 511 511.01 511.02 511.03 512 601.2 601.3 604.2.15.1 604.2.15.1.2 604.2.16.2.1 606.8 608.5.3 901.2.2 901.3.1 901.6 902 (def added - common area) 903.2 903.2, Exception #3 903.2, Exception #4 903.2, Exception #5 903.2, Exception #6 903.2.10.1 903.2.10.1.1 903.3.7 Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Topographical, Geological Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic 903.4 903.4.1.1 903.4.1.2 903.4.1.3 903.4.4 903.4.3 905.3.11 907.2.19 908.3 908.3.1 908.3.2 908.3.3 908.4 908.6 909.1.1 912.2.1 914.5 915 915.1 915.2 915.3 915.3.1 915.3.2 915.3.3 915.4 915.4.1 915.4.2 915.4.3 915.5 915.6 915.7 915.7.1 915.7.2 915.7.3 915.7.4 Climatic Climatic Climatic Climatic Climatic Climatic Climatic Climatic Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological 915.8.6 915.8.7 915.9 915.9.1 915.9.2 915.9.3 915.9.4 915.9.4 915.10 915.11 915.12 915.12.1 915.12.2 915.12.3 915.12.4 915.13 1103.8 2201.1 2202.1 (def amended - motor vehicle) 2202.1 (def amended - motor vehicle, unattended) 2203.2 2204.4.1 2206.2.2 2206.2.2, Exception #1 2206.2.2, Exception #2 2206.2.3 2206.2.3 Exception #1 2206.2.3 Exception #2 2206.2.4.1 2206.2.4.2 2209.3.4 2301.3 2306.4.1 2306.4.2 2306.4.3 Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological 2306.6 2306.6.1.1 2308.3 2308.4 2501.3 2505.1 2505.7 2505.8 2505.9 2701.1 2701.5.2 3001.2 3001.3 3006.2 3101.2 3101.3 3404.3.6.1 3404.3.6.1, Exception #1 3404.3.6.1, Exception #2 3406.5.4.5, #6 3406.5.4.5, #12 3406.5.4.5, #17 3406.5.4.5, #24 3501.2 3501.3 3502.1 3503.1.7 3503.1.7.1 3801.2 3801.2.1 3803.2.3 Appendix B, B104.2 Appendix B, B105.1 Appendix B, B105.2 Appendix B, B105.3 Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical, Geological Climatic, Topographical Climatic, Topographical Climatic, Topographical Climatic, Topographical Appendix C, C102.1 Appendix C, C105.1 Climatic, Topographical Climatic, Topographical Section 4. The City Clerk shall certify the adoption of this Resolution and cause a certified copy of the same and Ordinance No. 07-16 to be forwarded to the California Building Standards Commission. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of November, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of November, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk COUNCIL BUSINESS ITEM NO. 25 Approvals City Attorney Director of Finance City Manager ~ 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 27, 2007 SUBJECT: Adoption of Ordinance Levying Special Taxes Within Community Facilities District No. 88-12 (Ynez Corridor) PREPARED BY: Peter Thorson, City Attorney RECOMMENDATION: That the City Council waive reading of the entire text, and have the first reading by title only of an ordinance entitled: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (YNEZ CORRIDOR) BACKGROUND: In 1989, the County of Riverside established Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) (the "CFD"), to finance various infrastructure improvements. The improvement consisted of the widening of Ynez Road from two lanes to six lanes from Rancho California Road to Winchester Road.:. In 1990, the Board of Supervisors adopted an Ordinance (the "County Ordinance") levying special taxes on property located in the CFD to pay costs of the CFD, including the debt service on bonds issued for the CFD. At that time the property owners within CFD 88-12 voted in favor of a special tax to fund the debt service on the Bonds. Additionally, the City entered into an agreement with the owners of property in CFD 88-12 through which their special taxes were reimbursed with a portion of the sales taxes generated from the property within the CFD. Subsequent to the establishment of the CFD, the City was incorporated and the City boundaries include all of the area in the CFD. In 1997, the City entered into an agreement with the County (the "Agreement") transferring governance of the CFD to the City. In 1998, the City issued $18,690,000 of bonds for the CFD (the "Bonds") to refinance the then outstanding debt obligations of the CFD, and since then the City has been administering the CFD and the Bonds as contemplated by the Agreement. Recently, the County contacted City Staff to inform the City that the County intends to repeal the County Ordinance, as the County has no ongoing responsibilities with respectto the CFD. In order for the City to have the power to continue to levy and collect special taxes from property in the CFD in orderto pay the debt service on the Bonds and the administrative expenses of the CFD, the City Council must adopt an ordinance of the City (the "City Ordinance") to replace the County Ordinance that is to be repealed. Bond Counsel to the City, Quint & Thimmig LLP, has drafted the City Ordinance, which has been reviewed by the City Attorney, and is in a form that is ready for consideration by the City Council. The City Ordinance will allow the continued levy and collection of special taxes on property in the CFD in the same manner as has been occurring since the Bonds were issued in 1998. SPECIFIC ACTIONS: That, on November 27,2007, the City Council waive reading of the entire text of the City Ordinance, and have the first reading of the City Ordinance by title only. Also, the City Council is requested to set December 11,2007 as the date when it would conduct a second reading of the City Ordinance and consider its adoption. FISCAL IMPACT: The CFD is only authorized to levy special taxes on land within the boundaries of the CFD. The adoption of the City Ordinance will allow for the continued collection of special taxes as necessary to pay the obligations of the CFD, including debt service on the Bonds and administrative expenses of the City with respect to the CFD. The City is in no way liable for the repayment of the Bonds or any other costs of the CFD, except from the proceeds of the special taxes levied on the property in the CFD. ATTACHMENTS: Ordinance No. 07-_ ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (YNEZ CORRIDOR) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findinqs. The City Council of the City of Temecula finds and determines that: A. Pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code, commonly known as the "Mello- Roos Community Facilities Act of 1982" ("Act") on September 26, 1989, the Board of Supervisors of the County of Riverside (the "Board") adopted Resolution No. 89-449 (as amended by Resolution No. 90-046, adopted by the Board on January 9, 1990, the "Resolution of Formation") which established the Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) ("CFD 88-12"). B. On September 26, 1989, the Board adopted Resolution No. 89-450 (as amended by Resolution No. 90-047, adopted by the Board on January 9, 1990, the "Resolution to Incur Bonded Indebtedness") which determined the necessity of incurring bonded indebtedness in an amount not to exceed $60,000,000.00. c. On April 10, 1990, the Board adopted Ordinance No. 690 (the "County Ordinance") authorizing the levy of a special tax within CFD 88-12. D. On December 1, 1989, the City of Temecula (the "City") was incorporated and the territorial boundaries of the City include all the area within CFD 88-12. E. On October 15, 1997, pursuant to the provisions of Section 53368 et seq. of the Act, the City and the County of Riverside (the "County") entered into an Agreement for Transfer of Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) (the "Agreement"), transferring governance of CFD 88-12 from the Board to the City Council, changing the legal name of CFD 88-12 from "Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor)" to "Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor)," and providing for the recordation of an amended boundary map for CFD 88-12 and an amended notice of special tax lien with respect to CFD 88-12, as well as for a notice to be mailed to owners of property in CFD 88-12 advising them of the transfer, and such recordings have been made and such mailing has occurred as provided for in the Agreement. F. On June 25, 1998, the City, for and on behalf of the District, issued $18,690,000 principal amount of Special Tax Refunding Bonds, 1998 Series A (the "1998 Bonds") to refinance the then outstanding indebtedness of the District. G. The City has been advised that the Board is now considering taking action to repeal the County Ordinance, and the City Council desires to adopt an ordinance of the City levying special taxes within CFD 88-1 so that the levy of special taxes may continue and the obligations of CFD 88-1, including payment of the debt service on the 1998 Bonds, can be satisfied, as contemplated by the Agreement, the Act and the proceedings to form CFD 88-12. Section 2. Authorization of Levv. By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within CFD 88-12, pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of special taxes for CFD 88-12 approved by the Resolution of Formation (the "Rate and Method") which Resolution is by this reference incorporated herein. The special taxes, previously levied pursuant to the County Ordinance, shall continue to be levied pursuant to this Ordinance in the current fiscal year and in each fiscal year thereafter until payment in full of any bonds issued by the County or the City for CFD 88-12 (the "Bonds") as contemplated by the Resolution of Formation and the Resolution to Incur Bonded Indebtedness, and payment in full all costs of administering CFD 88-12. The Director of Finance of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within CFD 88-12, in the manner and as provided in the Resolution of Formation and the Rate and Method. Section 3. Exempt Properties: Maximum Special Taxes. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method. In no event shall the special taxes be levied on any parcel within CFD 88-12 in excess of the maximum tax specified in the Rate and Method. Section 4. Use of Special Tax Revenues. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation, including the payment of principal and interest on any bonds issued for CFD 88-12 (the "Bonds"), the replenishment of the reserves for the Bonds, the payment of the costs of the City in administering CFD 88-12, and the costs of collecting and administering the special tax. Section 5. Collection of Special Taxes. The special taxes shall be collected from time to time as necessary to meet the financial obligations of CFD 88-12 on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the California Government Code shall apply to delinquent special tax payments. The Director of Finance of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of CFD 88-12 in each fiscal year until the Bonds are paid in full and provision has been made for payment of all of the administrative costs of CFD 88-12 Notwithstanding the foregoing, the Director of Finance of the City may collect one or more installments of the special taxes on anyone or more parcels in CFD 88-12 by means of direct billing by the City of the property owners within CFD 88-12, if any of the Bonds bear interest at a variable interest rate, or otherwise if, in the judgment of the Director of Finance of the City, such means of collection will reduce the administrative burden on the City in administering CFD 88-12 or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners. Section 6. Severabilitv Clause. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within CFD 88-12, by a Court of competent jurisdiction, the balance of this Ordinance, and the application of the special tax to the remaining parcels within CFD 88-12 shall not be affected. Section 7. The City Clerk shall certify to the adoption of this Ordinance. This Ordinance shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of November, 2007. Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 07- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 27th day of November, 2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day of November, 2007, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk DEPARTMENTAL REPORTS ITEM NO. 26 Approvals City Attorney Director of Finance City Manager ~ 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: November 27,2007 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of October 2007. CURRENT PLANNING ACTIVITIES New Cases The Division received 68 new applications for administrative, other minor cases, and home occupations including 12 applications for public hearings during the month of October. The new public hearing cases are as follows: CONDITIONAL USE PERMIT EXTENSION OF TIME MAJOR MODIFICATION MINOR MODIFICATION 7 1 1 3 Special Proiects & Lonq Ranqe Planninq Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: . Temecula Regional Hospital - The Riverside County Superior Court overturned the City Council's approval of the Temecula Regional Hospital project and staff is working with the applicant and City Attorney's office to prepare a Supplemental Environmental Impact Report to address issues related to noise, traffic mitigation and an off-site contaminated groundwater plume. Each Planning Application that was originally approved will need to go through the approval process again, including Planning Commission and City Council public hearings. Staff has processed three contracts with sub-consultants to manage the special studies required forthe Supplemental EIR. Planning Applications were submitted on July3, 2007. A Notice of Preparation of a Supplemental Environmental Impact Report was sent to the State on July 6, 2007. The Supplemental EIR was released for public review on November 5, 2007 and the project is tentatively scheduled for a Planning Commission hearing on January 2, 2008 and a City Council hearing on January 22, 2008. (PAPP) . General Plan Land Use Map Update - Planning staff and GIS have completed revision exhibits that explain the necessary changes to the Land Use Map caused by overlapping data sets, differences in conceptual plans versus recorded maps, and changes in the built environment. Some examples of changes include streets currently shown as residential will have no land use designation, Specific Plan areas will be modified to reflect recorded maps, and new park and school sites will be noted as Open Space and Public Institutional Facilities. All property owners affected by the proposed map changes will be notified bymail prior to any hearing. A Planning Commission hearing was held on August 15, 2007. The City has received a letter from the Riverside County Airport Land Use Commission (ALUC) stating that prior to adoption of the proposed land use changes; the City must go through the ALUC public hearing process to determine that the proposed land use changes are consistent with the Airport Land Use Consistency Plan. An anticipated ALUC hearing will be scheduled for December 13, 2007 and the item is anticipated to be scheduled for a City Council hearing in January 2008. (PAPP) . General Plan Housing Element Update - Staff has been attending WRCOG workshops on the Regional Housing Needs Assessment in preparation for the update of the City's Housing Element. SCAG released the Final Regional Housing Needs Assessment numbers to cities and agencies in the region in July 2007. State law requires the City to adopt an update to the Housing Element by June 30, 2008 and it must be certified by the State Department of Housing and Urban Development by December 31, 2008. Planning staff has prepared a task list for each department that will assist in the effort. A time line has been prepared that ensures the process will be completed on time. (PAPP) . Nicolas Valley Rural Preservation Area - Staff is undergoing an opportunities and constraints analysis of the properties contained within the Nicolas Valley Rural Preservation Plan area to develop strategies to assist property owners with the construction of needed infrastructure and services. This area is lacking paved roadways, water transmission lines, wastewater collection, cable television, etc. Because of the relatively few properties in the area, assessment districts may be too costly for property owners. Staff needs to map the existing flood plain and complete a slope analysis to create a comprehensive constraints map of the area. Staff met with the Council Subcommittee in late February to brief the Council on staff strategies for bringing much needed services into the area. It was determined that a public workshop should be held to solicit input from area residents. Workshops were held on March 29, 2007 and May 15, 2007, with about 60 Nicolas Valley residents attending each workshop. Staff has been working on creating a conceptual land use plan and conceptual financing options to pay for needed road improvements. The next workshop will provide information on infrastructure options and recommended density and will be held in November, 2007. (PAPP) . Transit Center and Transit System Planning - Staff is working with the County of Riverside Flood Control District, Army Corp of Engineers and Riverside Transit Agency staff to locate the proposed transit center adjacent to the recreation portion of the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project, generally located in the vicinity of Jefferson Avenue and Cherry Street. The transit center will act as the hub for regional and local transit connections within the Temecula Valley. The Ad Hoc Subcommittee held their first internal meeting with staff on October 17, 2007 to review the status quo of regional and local transit and to develop a strategy for integrating regional and local transit routes. Staff will also participate in meetings for the 1-15 Interregional Partnership (IRP) program with SANDAG and WRCOG. Phase III of the 1-151RP will focus on collaborative strategies in economic development, transportation, and housing that will improve the quality of life for residents in both counties by reducing the impacts of interregional commuting, creating more jobs in housing-rich areas and more housing in job-rich areas. (WEST) . Noise Ordinance - The Noise Ordinance was unanimously approved by the City Council on September 25, 2007 and became effective on November 9, 2007. Staff is currently researching the cost of purchasing sound measuring and calibration equipment. (PAPP) . Water Efficient Landscaping Ordinance - The State of California recently adopted a Model Ordinance entitled California Friendly Landscapes, which identifies requirements for design, planting and irrigation. Riverside County recently adopted a new ordinance which includes the California Friendly criteria and expands on the model ordinance. Staff has compared it to the City's existing Water Efficient Landscape ordinance and determined that the City Ordinance should be revised. Staff is working with the City's Landscape Architect to update the Ordinance by the end of 2007. (WEST) . Massage Ordinance - Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly by the Police Department. The proposed ordinance will require each employee to undergo several hundred hours of training, to wear identification at all times and includes more severe penalties for violators and business owners. Temecula PD will be scheduling briefing meetings with members of the City Council. (PAPP) . Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. (PAPP) . Heritage Tree Ordinance - The proposed Heritage Tree Ordinance has been prepared and is being reviewed by the City Attorney's office. The ordinance will serve to protect certain identified tree species and other large diameter trees throughout the City. A public hearing date has not been set at this time. (PAPP) . Procedures to Implement CEQA -Project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions, significance thresholds, and procedures for the City to contract for the preparation of Environmental Impact Reports. This effort has been expanded to include internal procedures for coordinating the environmental review of Capital Improvement Projects. (PAPP) . Development Code Update - The Development Code is periodically amended when new policy is introduced, to improve its clarity, or to make necessary corrections. The proposed amendment within this update include: adding quantifiable performance standards for projects that exceed target Floor Area Ratios (FAR); allowing swimming pools and spas in the buildable area of front yards in the VL, RR and HR residential zoning districts; amending parking standards for medical or dental offices to increase the number of required parking; amending landscaping requirements for freestanding monument signs to require landscaping that is proportional to the sign height; making reference to Water Quality Management Plans (WQMP) in various sections of the Development Code to create consistency between the Development Code and required WQMPs; making reference to Americans with Disabilities Act (ADA) in various sections of the Development Code to create consistency between the Development Code and ADA; and making other minor clarifications and typographical corrections. The Planning Commission heard this item at their September 19,2007 meeting and recommended approval. The City Council heard this item at their October 23, 2007 meeting and approved the second reading on November 6, 2007. The Ordinance will become effective on December 6, 2007. (WEST) . Sustainable Development Program - Staff is attending workshops and meetings, and developing a work program in order to create a sustainable development program within the City. Staff is also reviewing existing City policies and programs that relate to green development standards and preparing a matrix of mandatory and voluntary programs with the intent to bring forward a recommendation to the City Council in the beginning of 2008. (WEST) . Santa Margarita Area Annexation - The consultant is preparing the draft Environmental Impact Report for the annexation area. 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New Submittals Pending DRC Meeting (, , . ...'.,' t~... ,,,... . \~h 19~9 <- . . -' fa t '" ITEM NO. 27 Approvals City Attorney Director of Finance City Manager ~ 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: November 27, 2007 SUBJECT: Economic Development Department for the Month of October 2007 PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: Receive and file. The following are the recent highlights for the Economic Development Department for the month of October 2007. NOTE: Due to the fires in Southern California a number of the meetings relating to Economic Development were cancelled. ECONOMIC DEVELOPMENT LEADS Staff met with Howard Rosenthal and Mark Gosche on October 3rd to discuss a possible hotel development. Staff provided information and timelines to take back to their clients. On October 22nd, staff met with Mo Anvari of Val Creek Capital Group from Montreal, Canada regarding bringing his business to Temecula. Mr. Anvari plans to open an office with several employees. Val Creek Capital Group is part of a larger company called Wynnchurch. Staff provided him with business, demographic and business license information. On October 4th, staff met with M arc Francois of RD Olson Development, a leading hotel developer in Irvine, to discuss a possible "full service hotel" development. On October 11th, staff met with The Mantas Group regarding developing a premier sports & entertainment center in Southwest Riverside County. The Mantas Group has created a compelling business model that consists of four programmatic elements: a 10,000 seat state-of-the-art Arena, a 2,500 seat Performing Arts Center, an Experience Discovery Center, and a Team Headquarter Facility. The facility will also include housing, medical treatment center, and restaurants. The project envisions additional uses of youth leagues and other community activities. A championship minor league basketball team will call Southwest Riverside County its home and would play at this facility. BUSINESS RETENTION On October 22,d, city staff and a representative from the Temecula Valley Chamber of Commerce met with the General Manager Juergen Woehl, Vice President, Manufacturing & General Manager of International Rectifier (IR). The site visit included a tour of their facility. Staff has made further contact with International Rectifier to work through emergency services. Mayor Washington and staff met with representatives of Flowserve on October 18'h Flowserve is the recognized world leader in supplying pumps, valves, seals automation and services to the power, oil, gas, chemical and other industries. Staff provided information on the Alliance Virtual Job Fair. On October 9'h, staff met with RR Donnelley, one of the largest printing and distribution companies in North America with clients such as Newsweek, Readers Digest, Blue Cross, Blue Shield, and Health Net to name a few. They relocated their headquarters from the City of I ndustry to Temecula 18 years ago. Staff was provided a tour of their facility. As a follow-up staff provided information that they requested. The Southwest California Economic Alliance hosted an on-line job fair from October 28 - November 3 that offered 24-hour assistance to job seekers and to employers looking for qualified people to fill vacant posts. Job seekers were able to apply for as many jobs as they wanted. Website: www.stopyourcommuting.com EVENTS City Council and staff attended the Southwest California Legislative Summit - The Future of California which was held on October 2,d at Pechanga Resort & Casino. Issues pertaining to transportation, energy, water, economic development and tribal contributions were discussed. Keynote speakers included: - Assemblyman, Kevin Jeffries, Assembly District 66 - David Crane, Special Advisor to the Governor on Job & Economic Growth - Richard Harmon, Deputy Director of Legislative Affairs for Cal Trans - Randy Record, Board of Director, Eastern Municipal Water District - Amy Minniear, Pechanga Development Corporation Staff attended the Temecula Valley Convention & Visitors Bureau Quarterly Luncheon which was held at Wilson Creek Winery on October 3'd Caroline Beteta, Executive Director for the California Travel and Tourism Commission and Deputy Secretary for Tourism, California Business, Transportation & Housing Division was the guest speaker. Ms. Beteta shared information on California tourism, CTTC's advertising budget, and the Rural Tourism Strategic Plan. The City of Temecula exhibited at the Temecula Valley Chamber of Commerce Business & Technology Expo which was held at Pechanga Resort & Casino on October 17th. The City highlighted its Temecula Outreach program and provided community, demographic and business information. The event featured a Technology row and included special seminars designed to give business tools to help with computer hardware and software, website design and hosting, and merchant services. Mayor Washington and staff attended the Grand Opening & Ribbon Cutting ofthe new Fairfield Inn & Suites by Marriott which was held on October 25'h Staff attended the Southwest California Economic Alliance Broker Breakfast on October 17 at the Pinnacle Restaurant at Falkner Winery. Aaron Adams provided a power point presentation highlighting Temecula projects. City provided handouts to attendees. Staff worked with the Inland Empire Film Commission on the filming of a Boy Scout Documentary (GET Entertainment) - private screening held at Temecula Council Chambers on October 1 O'h. Mayor Washington spoke at the private screening. Staff worked with the Western Riverside Council of Governments (WRCOG) on their upcoming "What's Developing?" Bus Tour - Fall 2007, which is scheduled for November 9'h The bus tour includes a tour of Dos Logos in Corona, Lake Elsinore and Old Town Temecula. The City will host a dessert reception at the Old Town Temecula Community Theater and staff will provide a walking tour of Old Town. On October 23'd, staff attended the Global Trade Summit, The Inland Empire, A Rising Star in World Trade presented by The Inland Empire Economic Partnership. Sessions included: Doing Business with Europe (United Kingdom) and Doing Business with Emerging Markets (Argentina, Hong Kong/China). Staff plans to follow-up with several of the exhibitors and speakers on possible international trade opportunities. The final post event meeting forthe Temecula Fall Rod Run was held on October 9'h with staff and the event organizer to work out last details of the event which occurred on October 10'h - 13'h. The Grand Marshal for the car show was Alfred Dimora. The Rod Run was also a fundraiser for the Temecula Boys & Girls Club which included the Aloha Concert and Auction that featured The Surfaris. On October 9'h, Mayor Washington, Council Member Edwards and staff met with event organizers regarding a possible new Gospel event in Temecula. MEDIA/OUTREACH MATERIALS Staff prepared the City of Temecula Public Safety Expo and Kg Trials article for the November issue of the Temecula Chamber newsletter. The expo will be held on December 8'h at Great Oak High School. The article was also submitted to The Valley Business Journal. MEETINGS On October 1 ", staff met with Sherrie Jared of the Riverside County Economic Development Agency to talk about the Team Riverside County marketing program. There are opportunities for the City of Temecula to participate in advertising, trade shows, and special networking events. Team Riverside County is a group of public professional partners made up of key individuals from Cities, Economic Development Corporations and County government all dedicated to promote business development and job creation in Riverside County and its communities. During the 2006- 07 fiscal year Team Riverside County raised the profile of Riverside communities through attendance at eight tradeshows generating in excess of 100 qualified leads, and advertised in five national trade magazines. There is not a membership fee. Staff attended the Southwest California Economic Alliance Partners Meeting on October 24th. Items discussed included: Alliance placed an ad in the Business Xpansion Magazine issue featuring innovation in California. The Alliance commercial can be accessed on the Xpansion Magazine website. 2008 Trade Shows that the Alliance and Team Riverside will be participating at: Core Net in San Diego, MDM in Anaheim, and Bio Com in San Diego. An update was provided on the Virtual Job Fair, locations and times for upcoming Broker's Breakfasts, recap of February Broker Breakfast atthe Pinnacle Restaurant, GIS & website meeting, and business site visitations/receptions. ATTACHMENTS: Temecula Valley Chamber of Commerce Activities Report Temecula Valley Convention & Visitors Bureau Activities Report Southwest California Economic Alliance Activities Report .LEADING THfWAY' 26790 Ynel Court Suite A, Temecula, CA 9259/ P: 95/.676.5090 F: 951.694.020/ www.temeculo.org info@temecula.org November 7, 2007 Shawn Nelson, City Manager City ofTemecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the October Monthly Activity Report as per our contract with the City of Temecula. Chamber staff assisted businesses interested in relocating to Temecula. Chamber Activities at a glance: The Chamber has unveiled its new Chamber website and we have received many positive remarks. The City of Temecula is linked as a partner on the homepage. Enclosed is a status report on how many folks are viewing the new site. The Chamber board of directors addressed the City Council applauding their efforts within the city and the Old Town area. Chamber staff will continue to work with Old Town Temecula Business Association in their efforts to market Old Town in a positive manner. The Chamber will be working on their 3 year Strategic Plan and will be soliciting input from various local representatives. Business Development Resource Committee: The Chamber Spotlight winner for October was The UPS Store at 27475 Ynez Road. The Mystery Shopper winner was La Cocina Bar & Grill and Volunteer Businesses of the Month, chosen by the Membership Committee, were Promotional Experience and Republic Mortgage.The Business Success Forum was on Tuesday, October 9. The topic of discussion was "How to Develop a Business Plan." A Partner In Learning program received a 5,000 donation from the former owners of Hudson RCI. Membership & Marketing Committee: 24 businesses joined the Chamber in the month of October and 60 renewed their membership. Staff and Ambassadors attended 7 Ribbon Cutting events in October. The Networking Breakfast, held at BJ's Restaurant, was attended by 65 members and guests. The November Mixer will be hosted by Barley & Hops Olde World Tavern. 34 members participated in the October - 5 Minute Networking event held at Wiens Family Cellars. The inaugural TVCC Business Women Advocates event was a huge success and was attended by 150 guests and 22 exhibitors. Additional welcome visits were made to new businesses by Chamber CEO, staff and Ambassadors. Southwest California Legislative Council: In October, Randall Newdeck with the Bay Delta Imported Water Supply Program presented the SWCLC with the critical issues facing California's water supply. Approximately two-thirds of all Californians - an estimated 23 million people - obtain at least some of their water from the Delta. This means the Sacramento-San Joaquin Delta is the single largest source of California's water. CALFED's Water Quality Program Objective is to invest in projects that improve the state's water quality from source to tap. The Governor's Delta Vision Blue Ribbon Task Force is working to formulate a new, sustainable vision for the Delta. A major court ruling has called for changes in the way the state and federal water projects are operated to protect Delta smelt, and legislation and bond measures to fix the Delta and improve the state's water supply are being debated in the Legislature. Propositions 91, 92 an 93 have qualified for the February 2008 Primary Election and a High- speed Passenger Train bond has qualified for the November 2008 General Election Ballot. Special Events Committee: The 2007 Business & Technology Expo was held on Wednesday, October 17, 2007 at Pechanga Resort & Casino. 55 businesses showcased their products or services at the event to over 200 attendees. The Chamber offered a grand prize drawing of a free trip to China to an attendee that evening. The Chamber is currently in the process of coordinating the 2008 Annual Awards Gala which wili be held on Saturday, February 23, 2008 at Pechanga Resort & Casino. City/Chamber Retention Visits: Alice Sullivan, President/CEO attended the International Rectifier retention visit with City staff. Tourism Highlights (Bulk brochure distributors) Activity Report: . 90 Visitor Guides, Tourism Maps, & Street Maps were given to Vicki Puterbaugh for a National Reai Estate Organization coming to Temecula. . 100 Tourism Maps were given to Temecula Creek Inn for a large group staying at the hotel. . 25 Visitor Guides, Winery Brochures, Tourism Maps, Street Maps and Pechanga Brochures were given to Boston Scientific for relocation packets for prospective doctors. . 60 Winery Brochures were given to Travis meeting Management. Also, attached are the meeting minutes for the Business Development Resource, Special Events, Southwest Legislative Council, and Membership committees. If you have any questions regarding this information, please cali me at (951) 676-5090 or e-mail asullivan@temecula.oro.. Thank you. Sincerely, ~ "' Alice Suliivan, 10M President/CEO cc: Mayor Chuck Washington Mayor Pro Tem Mike Naggar Councilman Ron Roberts Councilman Jeff Comerchero Shawn Nelson, City Manager Councilwoman Maryann Edwards Grant Yates, Deputy City Manager TVCC Board of Directors Aaron Adam, Assistant City Manager Gloria Wolnick, Marketing Coordinator Bob Johnson, Assistant City Manager/CD Director Temecula Valley Chamber of Commerce Monthly Activity Report October 2007 Chamber Year-To-Date PHONE CALLS This Month Total TOURISM Tourism Referrals 309 2,753 Calendar of Events 278 1,777 Special Events 233 2,111 General Information 1,221 18,197 TOTAL TOURISM CALLS 2,041 24,838 Relocation 233 1,428 Demographics 210 1,459 Chamber 876 7,570 Miscellaneous 704 5,810 TOTAL PHONE CALLS 2,023 41,105 WALK-INS Tourism 167 1,807 Calendar of Events 140 1,186 Special Events 178 1,090 General Information 1,089 14,788 Relocation 204 1,540 Demographics 199 1,331 Chamber 532 5,726 Miscellaneous 502 4,168 TOTAL WALK-INS 3,011 31,636 MAILINGS Tourism 1,488 12,394 Relocation 79 1,797 Demographics 203 1,178 TOTAL MAILINGS 1,770 15,369 E-MAIL Tourism 94 785 Relocation 92 690 Miscellaneous 263 2,169 TOTAL E-MAIL 449 3,644 WEB PAGE USER SESSIONS 16,223 165,891 GRAND TOTALS This Month Year-To-Date PHONE CALLS 4,064 32,894 WALK-INS 3,011 25,257 MAILINGS 1,770 15,369 E-MAIL 449 2,812 WEB PAGE USER SESSIONS 16,223 96,726 Annual Volume Comparisons Chamber Chamber Percentage October 2006 October 2007 PHONE CALLS TOURISM Tourism Referrals 218 309 99% Calendar of Events 126 278 91% Special Events 167 233 143% General Information 712 1,221 163% TOTAL TOURISM CALLS 1,223 2,041 141% Relocation 132 233 188% Demographics 117 210 162% Chamber 517 876 166% Miscellaneous 285 704 246% TOTAL PHONE CALLS 1,051 2,023 190% WALK-INS Tourism 138 167 107% Calendar of Events 112 140 116% Special Events 88 178 178% General Information 690 1,089 143% Relocation 129 204 153% Demographics 96 199 179% Chamber 408 532 116% Miscellaneous 308 502 138% Visitor Center Walk-Ins TOTAL WALK-INS 1,969 3,011 137% MAILINGS Tourism 1,570 1,488 4% Relocation 19 79 626% Demographics 22 203 795% TOTAL MAILINGS 1,611 1,770 220/0 E-MAIL Tourism 98 94 82% Relocation 66 92 333% Miscellaneous 166 263 231% TOTAL E-MAIL 330 449 116% WEBSITE USER SESSIONS 5,881 16,223 299% * Chamber referrals reflect faxes, walk-ins and phone calls TE '\~>ECU~ YALJtEY cMttMBER l_~~O"F COMMERCE 'LEADING THE WAY" Membership Meeting Minutes Wednesday, October 10, 2007 - 8:00a.m. -9:00a.m. Chamber Conference Room Sponsored by Community Little Book Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of the Temecula business community and simultaneous growth of the Chamber. Serve as goodwill representative and strive to enhance the value of membership encouraging ongoing dialogue between members. Committee Chair: Dan Brunell Board Liaisons: Tony Berardino Co-Chairs: Jann Gentry Adam Ruiz Julie Ngo Committee Present: Dan Brunell, Adam RUiz, Jann Gentry, Michelle Deskin, Judy Remsen, David Paget, Jami McNees, Scott Crane, Nathan Garn, Jackie Steed. Staff Present: Kimberly Freize-Uhler, Katie Edmonds and Alice Sullivan. Minutes Committee Chair called the meeting to order at 8:04a.m. Self-introductions of the committee followed, The minutes of the previous meeting were reviewed and motioned for approval by Jami McNees and seconded by Judy Remsen, which carried. ~iscellaneous Open Discussion by Committee: Brunell announced that nomination forms for citizen of the year, business of the year and non- profit/charitable organization are available to fill out as the chamber is in need of more nominees. It was stated there are many companies and individuals within the chamber deserving of winning. Brunell also mentioned the upcoming Women in Business seminar. Linda Wunderlich placed a full page add in The Valley Business Journal on the chamber's women in business event. 65 attendees have signed up and the chamber's goal is 150. Expo opportunities are available and the price of the booth was discussed. Linda Bradley will be a panelist and it should be a wonderful event. This event will be open to members and non-members. Networkino Breakfast. Networkino Luncheon. Mixers and 5 Minute Networkino: By Adam Ruiz: Ruiz announced the next Networking Breakfast will be October 24th. The dates have been confirmed and the location will be BJ's Restaurant for 2008. We will not be meeting in November or December. Spotlight and Breakfast sponsorships are available. The next Networking Luncheon will be Tuesday, October 16th. Seats are still available. Ruiz reported we need more sign-ups for 5 Minute Networking. The event will be held at Wiens Family Cellars. We had 40 attendees at the last event. Sub-Committee Reports Ambassador PrODram: By Jann Gentry: Gentry reported we have ribbons for new members and guests to wear at networking events. She discussed we should make a point to seek out new members and make sure they get paired with an ambassador if they desire. Ambassadors should make themselves available to the members. We will have one more ambassador training for the year and each ambassador will sign a commitment form that will be good until the end of 2008. An ambassador contest was discussed and Jann will be sending out the information. Welcome & Retention: By Jackie Steed: Steed reported the welcome committee is making their scheduled calls to the new members and that the 1" and 3'" month calls are going good although the 7th and 8th month calls are a little more difficult. The committee is keeping on track by sending out emails to make sure the calls are getting made and Julie Ngo has set up an excel spreadsheet listing all new members. It was mentioned the committee has called and left messages for the new members but they are not returning the calls. The RFPs were sent out for Member Appreciation Night. Michelle Deskin has agreed to call the florists. The time has been adjusted for the event and will now be 5-7:30pm. It was announced that the chamber needs volunteers, Judy Remsen and Jackie Steed agreed to help. Last year was a great event! HosDital ReDort: By Scott Crane: Crane reported the proposed hospital is on track but is still in the approval process and the progress has remained the same. The project should be getting started in the 1" quarter of next year. Crane also reported that the hospitals have been very busy. The new expansion at Inland Valley hospital is being used and is full of patients and the expansion at Rancho Springs Medical Center should be completed by summer 2008. Rancho Springs is a little messy right now but upon completion it will be a great facility. City of Temecula ReDort: By Alice Sullivan: Sullivan reported a new residential study was put out and it had a great review as 91% of the community is happy with services provided by the city. A Mercedes car dealership will be built near the homes in the Harveston housing tract, however there may be some opposition from nearby residents. The Mercedes dealership will host an informative workshop for residents. The proposed water park was discussed. It will be open 4-5 months out of the year. The water park has been delayed due to challenges being addressed. The location of the water park and the Mercedes car dealership was discussed. The state of the Pechanga referendum was discussed. The Southwest California Legislative Council as well as the Chamber approves. This will bring revenue to the Temecula community. Pechanga has been a great community partner and a supporter of the Chamber and the Convention and Visitor's Bureau. Temecula residents have put up booths at local stores asking for signatures to oppose the referendum. The Old Town Temecula merchants are discussing forming a second Merchant Association group. Mixer: By Staff: The next mixer will be held November 14th and will be the last mixer of the year. Board ReDort: By Alice Sullivan: Sullivan thanked the committee for attending the meeting to change the bylaws. It was noted vendors are needed for the Business & Technology Expo. Last year 90 tables were sold and this year 40 have been sold so far. The Chamber has done a lot of advertising for the event. Brunell announced the Chamber has received a new Chairman's Elite member, Rancho Ford. Mission Oaks National Bank may be a candidate for Chairman's Elite. Kaiser Permanente has stated that they will participate in the lVCe. ODen Discussion: Sullivan reported the Women's event will be taking place October 30th at the Old Town Theater and will be a great venue. The New Member Reception will be November 1st. The last Power Networking Workshop was great. Thank you to the panelists for participating! The next Business Success Forum, November 13th will be put on by the SBDe. It was announced that 120 individuals have signed up for the trip to China. Meeting adjourned: 8:56am - Thank you for your attendance. TEMECULA/"~ Y,l,~EY~BER "~~~{rn COMMERCE ';_."...,..-.~~' 'LEADING THE WAY'" Business Development Resource Committee MEETING MINUTES Wednesday, October 17, @ 8:00am TVCC Conference Room Sponsored by Community Little Book Committee Chair: Ginny Mulhern (present) Co-Chair: Barak Berlin (present) Board Liaison: Bill Seltzer (present) & Karen Roberts (not present) Members Present: Lisa Fuess, Chad Hensley Staff Present: Emily Pulley Aooroval of Minutes August minute approved. September minutes approved. Member Recoonition Proaram for Seotember Volunteer Businesses of the Month - SWCLC Metropolitan Water District of Southern California Norma Arias-Lee Calla Day Spa Serena Meng TMG Communications Amber Starbuck Spotlight Frankie's Steak & Seafood Franco Vessia 41789 Nicole Lane, Ste 1 Temecula 92591 Mystery Shopper Businf!ss Success Forum October's topic was "how to write a business plan." November 13 - How to save money on your merchant account -special presentation by the SBDC (11:30am) 2008 SBDC Topics - want same marketing topics as this year 2008 forum topics - Emily will send Ginny & Barak last year's survey for review. Then Emily will send out Zoom rang 2008 Lunch Sponsor -Emily will write 2008 lunch request letter to Costco. And invite Joan to attend January BSF to receive a certificate of recognition. Partners in Learninq The program will now be opened up to members of the Friends of the Temecula Library. 2008 April mixer will be at the Library The widow Allan C. Hudson donated $2S00 to Partners In Learning Board Uodate A. Networking Breakfast, Wednesday, October 24, from 7:30 to 9:30am, BJ's Restaurant. B. Business & Technology Expo - October 17 TONIGHT. Pechanga Ballroom 5-8pm C. Prospecting to Fill the Pipeline - Tuesday, October 23, register @ www_temecula.ora D. TVCC Business Women's Advocates, - Tuesday, October 30, E. Promoting and protecting your #1 Marketing Asset- Your chamber. Friday Nov 30, 9:30- 12pm. $25 per person F. Chamber Trip to China - 9 days all inclusive, $1499, everyone welcome G. Citizen/Business of the Year - Nominations now being accepted H. Bill Seltzer is running for re-election to the board of directors ~ommittee Undates "Prospecting to Fill the Pipeline" will be canceled if at least 20 RSVP's are not received by Monday at noon. Adiournment Thank you for attending! NEXT MEETING: Wednesday, November 21, at 8:00am Location: TVCC Conference Room Sponsored by Community Little Book TEM'ECULA/ V~iEY CFI:ttNtB E R :, ~~,r"'ffl' COMMERCE ,-==~...-" "LEADING THE WAY" Temecula Valley Chamber of Commerce Special Events Committee Update September 2007 2007 Monte Carlo fxtravaa.il!ll.a This year's Monte Carlo Extravaganza was a great success! We had over 350 guests in attendance. Lisa Fuess with Cutting Edge Staffing was the lucky $1000 grand prize winner. Matthew evar was the $500 grand prize winner. Harrah's was the event's Title Sponsor. They helped present a great event which included Las Vegas Showgirls, Mardi Gras beads, playing cards, dice and much more. 2007 Leaislative Summit The 2007 Legislative Summit took place Tuesday, October 20' at Pechanga Resort & Casino. Dan Walters facilitated the panel discussion between Senator Dennis Hollingsworth, Special Advisor to the Governor, David Crane, Assembly member Kevin Jeffries, Randy Record with Eastern Municipal Water District, Mike Perovich, Cal Trans District Director for San Bernardino and Amy Minniear, President of Pechanga Development Corporation. Dan Walters covered many hot issues with the panelist such as water, energy, transportation, and the tribal compacts with the state. There were over 240 guests in attendance. Business &: Technolon" EXDO This year's Business & Technology Expo is set to take place Wednesday, October 17"' at Pechanga Resort & Casino from 5:00p.m. - 8:00p.m. The event takes the place of our October Mixer. Community Little Book is the events Title Sponsor. Booths are still available for both Member and Non-Member Businesses to purchase. Currently we have sold 34 booths to date. The committee has secured the following speakers for the Tech Expo portion of the event: Kurt Peck - Web Development, Symantec - Web Security, Guy Reams/Conduit Networks - Network Security, and Michelle Deskin/Apples & Jack Rabbits - Data Recovery. The Each seminar will be 20 minute long followed by 5 minutes of question and answers. SOUTHWEST CALIFORNIA LEGISLATIVE COUNCIL www.southwestcaliforniaadvocaf.:v.biz Temecula Valley Chamber of Commerce Lake Elsinore Chamber of Commerce Murrieta Chamber of Commerce October 2007 SWCLC Meetin" Minutes Southwest California Legislative Council A Joint Committee of Temecula, Lake Elsinore and Murrieta Chambers of Commerce Meeting Minutes Monday, October 15, 2007 2006 Chair; Joan Sparkman 2007 Chair: Dennis Frank Chamber Advocacy: Jeremy Harris Directors Present: Karen Wikert, Glen Daigle, Dr. Billie Blair, Isaac Lizarraga, Gene Wunderlich, Amy Minniear, Glen Daigle, Carl Johnson Directors Absent; Roger Ziemer, Amber Wiens-Starbuck, Greg Morrison, Scott Crane. Members Present: Jeff Greene-Office of Kevin Jeffries, Karl Reuther-Granite Construction Mindy Zlnk, Tamara Middlecamp-City of Temecula, Norma Arias-Lee-MWD, Tom Casey-Fallbrook Chamber, Tom Rogers-Office of Dennis Hollingsworth, Vickie Carpenter-Menifee Chamber, Sandy Windbigler-PUC, Dave Willmon-League of California Cities Staff: Alice Sullivan, Laura Turnbow, Rex Oliver, Rosalie Roberts Meeting called to order at 12:06pm Chair's Report . Recent Press Releases: Southwest Business Protecting California's Economic Vitality-All three Chambers, Temecula, Murrieta, and Lake Elsinore joining forces with the Coalition to Protect California's Budget & Economy. Dennis Frank Chairman of SWCLC wants the Business Community to know when it comes to a balanced budget and job creation, we are serious. Southwest California Legislative Council Supporting More Water for Businesses and Region-SWCLC supports the legislation to increase more access to water for the region at its August meeting. This is important to neighboring areas, and for Businesses. Water demand for the region has been growing, due to new development and the population growth. Chambers Prepare for 2008 Initiatives-The three Chambers, Temecula, Murrieta, and Lake Elsinore are considering their positions on three propositions that qualified for February and November General 2008 ballots. The Chambers will highlight each proposition that will impact Businesses in the Southwest region. Agenda 1. Approval of September 2007 Minutes-Motion made, seconded and carried. 2. California's Water Crisis There was a presentation from Randall Newdeck-Bay-Delta Imported Water Supply Program Manager, he passed out a brochure on Decisions for the Delta. This has been the worst drought In years. Mr. Newdeck would like to come back to discuss this matter more in November. 3. Legislative Update-Special Legislative Session Presentation by Jeremy M. Harris The Governor called a special session of legislature 2 weeks ago to work on issues on Healthcare and Water. Healthcare-Continue to watch Governor Water-Continue to watch Governor 4. 2008 Statewide Propositions UPDATE Presentation by Jeremy M Harris Recommended Position-None at this time, only information items Proposition 91, 92, 93, are qualified for the February 5, 2008 Primary Election High-Speed Passenger Train Bond (No Number yet) has qualified for November 4, 2008 General Election Ballot. Meeting was adjourned at 1:12pm Next meeting will be Wednesday, November 14, 2007 from 8:00am to 12:00noon BOARD RETREAT At the Murrieta Chamber Office, Suite 155 41870 Kalmia Street Murrieta, CA Page 1 "California is the #1 destina- tion in the US, generating $93.8 billion in direct travel spending for California's economy." -Caroline Be- teta, Executive Director for the CTTC. Wine Club Promotion 8111 Wilson speaktng at San Diego eVB FAM Tour. October Quarterly Meeting and Luncheon On Wednesday, October 3rd, the TVCVB held its Quarterly Meeting at the beautiful Wilson Creek Winery. CVB Chairman of the Board, Denis Fergu- son, welcomed the group and Ray Falkner, President of the Temecula Valley Winegrowers Association, expressed his excitement about the strategic partner- ship with the TVCVB. We also had the honor of hav- ing Caroline Beteta, Ex- ecutive Director for the California Travel and Tour- ism Commission and Dep- uty Secretary for Tourism, California Business, Trans- portation & Housing Divi- sion, be our guest speaker. Some of the CTTC's find- ings included California as the #1 destination in the US, generating $93.B bil- lion in direct travel spend- ing for CA's economy. There is a Wine & Food Tourism Trend, where 40% of leisure travelers self- identify as traveling to learn about or enjoy unique and memorable eating and drinking experiences. Their Branding Initiative includes communicating CA's core attributes and compelling po i nt-of -d iffe re n c e (California attitude, desir- able eclectic lifestyle and unique cultures and diver- Current Promotional Programs Some of the current promo- tional programs that the TVCVB has put in motion include the Wine Club MpmhPT.<:; Wppkdav Gf't- awav Pnstcarq that offers a special discounted weekday room rate at our local hotels to wine club members when they travel to Temecula Val- ley Wine Country to retrieve their monthly wine ship- ment. Another new pro- gram is Ca~ture the MaQ"ic of the Holidavs Discount ShoDDinQ" & Dining Card. that will be offered exclu- sively in Old Town Temec- ula to encourage locals and visiting guests to do their holiday shopping and din- ing in Old Town and receive 10% off at all participating merchants. The program will take effect starting on Friday, November 23rd and run through Sunday, Janu- ary 6th, 2008. All participat- Media News and FAM Tours On Wednesday, October 3rd, we had a visit from the KNBC News Team of Colleen Wil- liams and Fritz Coleman. Broadcasting live from Old Town Temecuia, the Channel 4 News covered various seg- ments on Wine Country, Pechanga, Old Town, Eco- nomic Development, Housing and Weather. The TVCVB assisted the news team with statistical information and some history about the Te- mecula Valley. On Friday, October 5th, the TVCVB was asked to partner with Destina- tion Temecula on a FAM Tour consisting of representatives from the San Diego CVB. They were given the royal treatment and experienced sity). Their proposed ad- vertising budget should reach $1 B.5 million for 07/0B. Caroline also shared the Rural Tourism Strategic Plan. which is a program to extend aware- ness of the eight rural tour- ism marketing regions (Inland Empire is one of them) by building the brand, research, product development, technology and partnership/ collaboration. A great big Thank You to Caroline Be- teta and to Wilson Creek .. Winery for providing a wonderful venue, supero cuisine and excellent cus- tomer service! ing merchants will display a cling-on in their store win- dow indicating that they are a supporter and partner in the program. These strategic marketing efforts are part of the bigger plan to not only unite our local tourism enti- ties, but to also enhance the tourism industry partner- ships that will allow us to brand position the Temecula Valley on a regional scale. our lodging facilities, Wine Country , Old Town and Pechanga. On Tuesday, Octo- ber 30th, TVCVB staff at- tended a CTTC Media Event in Los Angeles. They distributed Temecula Valley story ideas to writers and journalists and the CVB booth even won an honorary award for best deco- rated booth display! California Travel Research California Hotel Occupancy and Room Rates (September 2007) - California hotei occupancy fell 2.4% in September compared to 2006. Average room rates were 5.9% higher. Of the 26 sub- markets monitored by Smith Travel Research, only five Bay Area markets reported occupancy gain over last year's banner numbers. -Source: Smith Travel Research, CA Lodging Industry Performance, October 2007, Moderate Growth Forecast for U.S. Travel in 2008 - Nearly all U.S. travel industry sectors are expected to see moderate growth in 2008, according to forecasts issued at the Travel Industry Associa- tion's Marketing Ouliook Forum in Charlotte, North Carolina. Whiie 2007 domestic leisure travel is pro- jected to finish at 2.7% above 2006, next year will show less of an increase, at 2.0%. Business travel will be flat. International travel is expected to increase 3.7% in 2008. -Source: Suz.arll'>e Cook, TIA. 2007 MaJketing Oullook Forum, October 2007. U.S. Economic Outlook- . U.S. economy is beginning to slow down. . Falling housing prices and residential construction create drag on investment and growth - not expected to improve over the next six months. . Financial market volatility because of past history of lax lending standards is further cause for con- cern. Mortgage debt has been widely used as collateral ("asset-backed commercial paper"), and many institutions now vulnerable. . Gas prices to stay high, may influence more closer~to-home travel, but no longer seen as threat unless $3.5O/gallon "tipping polnf' is reached. . Low personal savings rate means that U.S. households do not have much margin of safety. . Actual disposable income has stayed positive. . Despite housing market collapse, consumer confidence has held up fairly well. -Source: John Walker, Oxford Economics, TIA 2007 Marketing Outlook forum, October 2007. TVCVB Open House at New Main Office Please join the Temecula Valley Convention & Visi- tors Bureau staff as we celebrate our new office space with an Open House on Tuesday, De- cember 4th at 10:00am. We will also be initiating our office with a Ribbon Cutting by the Temecula Valley Chamber of Com- merce. We are excited to have a place to "officially" call our own and to provide an add i- tional location for travel resources and visitor in- forrnation. While you're here, enjoy some festive holiday treats and good- ies and enter to win a special TVCVB prize package. We would like to thank our dedicated tourism partners the City of Temecula, Pechanga Development Corpora- tion and Pechanga Re- sort & Casino, our TlD Lodging Facilities, our Board of Directors and the Temecula Valley Chamber of Commerce. Without the support and encouragement of these entities, we would not be where we are today, and for that we are ex- tremely grateful. Our new office is located at 26790 Ynez Ct., Suite B, Temecula, right next door to the TVCC. We hope to see you on De- cember 4th! Upcoming Events and Meetings . . . . . . . . . . Tuesday Saturday Wed/Thu Frl/Sat Tuesday Wednesday Tuesday Tuesday Thursday Tuesday 11/13 11/17 11/28 & 29 11/30 & 12/1 12/4 12/5 12/11 1/15 1/24 1/29 TVCVB Board Meeting TVCC Conference Room San Diego Bay Wine & Food Classic San Diego Travel Media Showcase Palm Springs Travel Media Showcase-Post FAM Temecula TVCVB Ribbon Cutting/Open House TVCVB Main Office CalSAE Seasonal Spectacular Sacramento TVCVB Holiday Board Meeting Bally's Restaurant TVCVB Board Planning Session Weins Family Cellars 3rd District Econ. Dev. Forum Pechanga Resort&Caslno TVCVB Customer Service Training Locatlon-TBD Page 2 "9 out of 10 vaca. tion travelers use the Web at some point of the travel planning process. (15% do it all online).JJ -Source: The Ideal American Vacation Trip, Phase II, TIAjAmerlcan Express, TIA 2007 Market~ ing Outlook Forum, Octo~ ber2007. 1.\.jl,~_,lj!;"li.~"Ui~ ' :er;ACUVu. ' Tourism Activity Report October 2007 TVCVB Walk-Ins Total Walk.Ins: 2,580 TVCVB Phone Calls Tourism Referrnls Calendar of Events General Info Total Phone Calls: 2,683 TVCVB Website Activity May - October 2007 \Yebsite Visitors Per Month 2~11f1f1 - 2fJOftu 15Ull~) 111(100 SfllHl Hits Pel' l\Iollth 7(1000u 600000 50lJUOO 41)(11100 JI)OOOO 2011000 10000U o ~. . .i;:. \: . ~ . .; .; ~ ~ ~ .;?, ~ E S " ~ 536'1~2~ 653,29Slli71,576 TVCVB Online Booking Report- YTD May 2005 - October 2007 October Rooms Booked = 80 T..ne'''I"(''''''''IH"~~'<;t"*,~0,,,,,,158 s.,,'h('."-"\\'in"'y~~18S R<>,l....~. :~~~~~1.'.o;@J 115 R.IrI.d.hm ~~\l.~~. 108 .j r 1 hdl~";" p~..,.~w.;y--='I!-'ll.:>.'""'f lZO M,,",.R.", P , I'.hl:.";"O)J - Holld"rltml:~.~ t~~~"'I -9 F::::~:'~'~~:<: ~..:. ::~\1'1 ~(j l!l"b~'<:>'h"nit.., ~ . ~, U~ _...\...w,.,Iv....,,,~'''''~''',=~~~~"~~ 269 ..I ,i 'I I' C.h'''''~'Iul, i 1m~."it.tP~'&i.!lij"\;3~~,,""'..,.,:,~"'~,=&~.. 199 (,.m!.,.thml\fm.i""~3' ('....eC,....J,: I .. B_W.......uF,.IDo...k 9 fJ B...'\'.",.."T""","l>~~~-8 " ". l~O 2(1(1 2~t) 300 RO),,110 Ni~l" Bo..l.:...l 1''''" HoM TVCVB Online Booking Revenue May 2005 - October 2007 Revenue By Year/Month: ~ ~ ~~~~~=~~:~~~~~, 11~~Bf~=I=t~~~ 701ll}u 6OuOu. 50000 . -10tllJlf- 30011(1- 20U(l0 . ,,- JJJl~ ~ ttlb JOlJt}iJ- E200:'\'1oo6 ~ , . ,!:;. , . , . , ;! ~ ~ ~ ~ i ! , , ~ , ~ ! , ~ " - ~ '" ~ .20!l6'100- Total Booking Revenue: $194,339 0200':' October 2007 Monthly Activity Report for Temecula Valley Visitors Center Dav Date Walk-ins Visitina From Man 10/1 9 Israel Colorado Canada Long Island Tue 10/2 29 Cincinnati Michigan Temecula Seattle Wed 10/3 10 Point Loma Mass. Virginia Concord Thu 10/4 24 Maryland San Diego Ecuador New York Fri 10/5 37 Palm Desert La Fallbrook Vegas Sat 10/6 60 Hemet Salt Lake OC Florida Sun 10/7 57 Georgia Iowa Apple Valley Pennsylvania Total 226 Dav Date Walk-ins Visitina From Mon 10/8 29 Temecula Minnesota Canada England Tue 10/9 11 LA Pennsylvania NY Rancho Bernardo Wed 10/10 20 Arizona Chicago Hemet N. 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H .El2 I H ~~ ! ~ i:' " ga < ., , " J ~~ "" ITEM NO. 28 Approvals City Attorney Director of Finance City Manager ~ 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: November 27, 2007 SUBJECT: Police Department Monthly Report The following report reflects the activity of the T emecula Police Department for the month of October 2007. PATROL SERVICES Overall calls for police service ................................................................................................. 7,255 "Priority One" calls for service....................................................................................................... 53 Average response time for "Priority One" calls.............................................................8.43 Minutes VOLUNTEERS Volunteer administration hours................................................................................................... 530 Community Action Patrol (CAP) hours....................................................................................... 364 Reserve officer hours (patrol) ....................................................................................................... 39 Total Volunteer hours................................................................................................................ 1422 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted........................................................................................ 3 Residential/business security surveys conducted.......................................................................... 0 Businesses visited...................................................................................................................... .. 17 Businesses visited for past crime follow-up.................................................................................... 5 Crime prevention articles................................................................................................................ 1 Total square footage of graffiti removed................................................................................... 4338 Number of Graffiti Locations... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...35 OLD TOWN STOREFRONT Total customers served............................................................................................................... 238 Sets of fingerprints taken.............................................................................................................. 42 Police reports filed........................................................................................................................ 15 Citations signed off ....................................................................................................................... 12 Total recei pts.. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... $3,533 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests .................................................................................................................... 3 On sight misdemeanor arrests........................................................................................................9 Felony arrest warrants served ...................................................................................................... 12 Misdemeanor arrest warrants served .............................................................................................1 Follow-up investigations................................................................................................................. 4 TRAFFIC Citations issued for hazardous violations ...................................................................................750 D.U.I. checkpoints conducted......................................................................................................... 0 Non-hazardous citations............................................................................................................... 36 Stop Light Abuse Program (SLAP.) citations........................................................................... 188 Neighborhood Enforcement Team (N.E.T.) citations ..................................................................... 0 Parking citations.. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... ... ... ... ... .... ... ... ... ... ... ... ... ... ... ... ...... 441 Injury collisions.............................................................................................................................. 17 Presentations............................................................................................................ .0 INVESTIGA TIONS Beginning Case load .................................................................................................................... 193 Total Cases Assigned .................................................................................................................. 62 Total Cases Closed .................................................................................. 60 Number of community seminars conducted ................................................................................... 0 Presentations............................................................................................................ .0 PROMENADE MALL TEAM Calls for service........................................................................................................................... 145 Felony arrest/filings....................................................................................................................... 15 Misdemeanor arrest/filings............................................................................................................ 24 Vehicle burglaries........................................................................................................................... 0 Vehicle thefts. ... ... ... ... ... ... ... ... ... ... ..... .... ... ... ... ... ... ... ... ... ... ..... ... ... ... ... ... .... ... ... ... ... ... ... ... ... ... ..... ... ..... 1 Prevention/Suppression Programs................................................................................................. 0 SCHOOL RESOURCE OFFICERS Felony arrests................................................................................................................................. 0 Misdemeanor arrests ...................................................................................................................... 0 Citations..................................................................................................................... ................... 45 Youth counseled....................................................................................................................... 247 Presentations........................................................................................................... .48 Drug Alcohol Awareness Grades 9-11 Internet Safety Gangs Juvenile Law Laws on Campus YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members .......................................................................... 4 School visits.................................................................................................................................. 53 Home visits........................................................................................................................ ............ 28 Presentations............................................................................................................ .6 Truancy Sweep............................................................................................................O ITEM NO. 29 MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: 69~ Brad Buron, Maintenance Superintendent November 9, 2007 DATE: SUBJECT: Monthly Activity Report - October, 2007 The foIlowing activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of October, 2007: I. SIGNS A. Total signs replaced 35 B. Total signs installed 4 C. Total signs repaired 43 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 4 Ill. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons 7.451 105.5 N. CATCH BASINS A. Total catch basins cleaned 176 v. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement o VI. GRAFFITI REMOVAL B. Total S.F. 35 4.338 A. Total locations VII. STENCILING A. 337 New and repainted legends B. 0 L.F. of new and repainted red curb and striping R:\MAINTAIN\MOACTRPT Also, City Maintenance staff responded to 126 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 2L service orderrequests. for the month of Sent ember. 2007. The Maintenance Crew has also put in 287 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of October. 2007 was $40.150.00 compared to $38.310.00 for the month of Sent ember. 2007. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 10,000.00 $ 30,150.00 $ cc: Dan York, Deputy Director of Public Works / City Engineer Greg Butler, Deputy Director of Public Works Ali Moghadam, Principal Engineer (Traffic) Arner Attar, Principal Engineer (Capital Improvements) Jeny Alegria, Senior Engineer (Land Development) R:\MAINTAIN\MOACfRPT i..... ...Oill co co co "' co co .. co co ~ co CO> Q i .. co CO> f- .... "- '": co co CO> co co ... co ~ CO> co ~ Q , co co "! 0: a 1Il.",.<! .,; .,; ..; ..; .,; ,..; .,; '" ..; ..; .,; .,; ..; .; f- a ;;; ~ '" O'WW. .,. .,. a> '" "' a> CO ~ ... CO a> .. CO> '" .... ~ 0; '" " q;!5* '" ... "l ~ co "' "' CO '" "l '" '" CO> Ql ~ 0; .,; ~ .,; .,; .,; .,; oS ..; ~ ~ .. ,.: ~ J:; .;;;J:"...-..;.;J co CO '" CO> ~ ~ .. ... 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(!) ." o .. ~ u:; .,. t/) l- t/) o o .... < I- o I- STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of October, 2007 DATE ACCOUNI .CONTRACTOR: Date: 10/07 # 5402 Date: # Date: # Date: # CONTRACTOR: Date: 10/17/07 # 5402 Date: # " CONTRACTOR: Date: # Date: # ,sTREET/CHANNEL/BRlDGE RENE'S COMMERCIAL MANAGEMENT CITYWIDE MONTELEONE EXCAVATING LONG VALLEY WASH TOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 TOTAL COST ACCOUNT #99-5402 DESCRIPTION OF WORK WEED ABATEMENT & TRASH CLEAN-UP TOTAL COST I TOTAL COST I TOTAL COST I TOTAL COST SIZE $ 10,000.00 REMOVAL OF SILT & DEBRIS FROM DE-SILTING POND TOTAL COST I TOTAL COST TOTAL COST I TOTAL COST $ 30,150.00 $ 10,000.00 -0- $ 30,150.00 R:\MAINTAIN\MOACfRPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DMSION ASPHALT (pOTHOLES) REPAIRS MONTH OF OCTOBER, 2007 1 % 1/07 REDHAWKPARKWAY R&R A.c. 198 6 10/02/07 PECHANGA PARKWAY I A.C. OVERLAY 570 4 10/03/07 I RANCHO CALIFORNIA ROAD @ FELIX VALDEZ R&R A.C. 238 13 10/04/07 I RANCHO CALIFORNIA ROAD W/O DlAZ R&R A.C. 400 15 10/08/07 I RANCHO CALIFORNIA ROAD N/O VINCENT MORAGA R&R A.c. 170 6 10/09/07 I 2ND STREET E/O OLD TOWN FRONT STREET R&R A.C. 385 9.5 10/10/07 I OLD TOWN I A.C. OVERLAY 1,148 4 10/11/07 I PECHANGAPARKWAY I A.C. OVERLAY 670 4 10/15/07 I PECHANGAPARKWAY I A.C. OVERLAY 441 3 10/16/07 I REDHAWKPARKWAY R&R A.c. 170 6 10/17/07 REDHAWKPARKWAY R&R A.C. 342 8.5 10/26/07 PECHANGAPARKWAY A.C. OVERLAY 850 4.5 10/29/07 I PECHANGAPARKWAY A.C. OVERLAY 1,019 6 10/30/07 I VAIL RANCH PARKWAY AT HARMONY R&R A.C. 5.90 10 10/31/07 I VAIL RANCH PARKWAY AT HARMONY R&R A.C. I 350 6 I I I I I I I I I I I I- I I TOTAL S.F. OF REPAIRS 7.451 TOTAL TONS 105.5 R;\MAINTAINIWKCMPLTDIASPHALT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MU1~ in OF OCTOBER, 2007 1010 1/07 CITYWIDE 10/02107 AREA #1 CLEANED & CHECKED 16 CATCH BASINS I I 10108107 CITYWIDE CLEANED & CHECKED 18 CATCH BASINS i , I 10/15107 CITYWIDE CLEANED & CHECKED 23 CATCH BASINS I I I 10/16/07 AREA #1 CLEANED & CHECKED 16 CATCH BASINS :' I, 10117/07 AREA #2 CLEANED & CHECKED 14 CATCH BASINS I I 10118/07 AREA #2 CLEANED & CHECKED 15 CATCH BASINS I I CATCH BASINS I I 10124107 CITYWIDE CLEANED & CHECKED 6 I 10125107 CITYWIDE CLEANED & CHECKED 9 CATCH BASINS 1 Ii 10129107 CITYWIDE CLEANED & CHECKED 22 CATCH BASINS 1 I 10/30/07 CITYWIDE CLEANED & CHECKED 20 CATCH BASINS 1 I 10131107 CITYWIDE CLEANED & CHECKED 4 CATCH BASINS I I 1 I 1 I ,- I I I I II II I !. TOTAL CATCH BASINS CLEANED & CHECKED 176 J, -- R:\MAINTAIN\WKCMPLETD\CATCHBAS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF OCTOBER, 2007 10/01/07 ROMANCE PLACE AT SHARON STREET REMOVED 180 S.F. OF GRAFFITI 10/0 1/07 PECHANGA AT LOMA LINDA CHANNEL REMOVED 20 S.F. OF GRAFFITI 10/01/07 SANTA GERTRUDIS AT I-IS SIB REMOVED 45 S.F. OF GRAFFITI 10/0 1/07 3RD STREET REMOVED 20 S.F. OF GRAFFITI 10/03/07 CAMELOT ROAD REMOVED 80 S.F. OF GRAFFITI 10/03/07 WOLF CREEK ROAD AT PECHANGA CHANNEL REMOVED 22 S.F. OF GRAFFITI 10/03/071 PECHANGAATMUIRFIELD I REMOVED 227 S.F. OF GRAFFITI 10/05/07 1 RANCHO CALIFORNIA ROAD AT MARGARITA REMOVED 5 S.F. OF GRAFFITI 10/05/07 1 CAMINO ROSALESA AT CALLESITA REMOVED 50 S.F. OF GRAFFITI 10/08/07 I BUTTERFIELD STAGE ROAD AT TEMECULA CREEK REMOVED 47 S.F. OF GRAFFITI 10/08/07 1 EMPIRE CREEK BEHIND TARGET REMOVED 161 S.F. OF GRAFFITI 10/08/07 1 PEPPERCORN AT ZARAGOZA REMOVED 20 S.F. OF GRAFFITI 10/08/07 I I-IS NIB AT TEMECULA P ARKW A Y REMOVED 633 S.F. OF GRAFFITI 10/11/07 1 27911 JEFFERSON REMOVED 28 S.F. OF GRAFFITI 10/15/07 1 I-IS NIB AT TEMECULA CREEK REMOVED 35 S.F. OF GRAFFITI 10/16/07 1 27570 COMMERCE CENTER REMOVED 337 S.F. OF GRAFFITI 10/17/071 VAIL RANCH PARKWAY/PECHANGA PARKWAY REMOVED 51 S.F. OF GRAFFITI 10/18/07 1 DEL REY / LYNDIE LANE REMOVED 16 S.F. OF GRAFFITI 10/19/071 WINCHESTERATMARGARITA REMOVED 14 _ S.F. OF GRAFFITI 10/24/07 1 FELIX VALDEZ / PUJOL REMOVED 41 S.F. OF GRAFFITI 10/25/07 I CITYWIDE REMOVED 440 S.F. OF GRAFFITI 10/27/071 DIVESATFAVARA REMOVED I 124 S.F. OF GRAFFITI R:\MAINTAIN\WKCMPLTD\GRAFFITI\ 10/29/07 6TH STREET AT FELIX VALDEZ REMOVED 9 S.F. OF GRAFFITI 10/29/07 I S/BI-15ATOVERLAND REMOVED 140 S.F. OF GRAFFITI 10/29/07 127780 Jb1< 1< bKSON REMOVED 360 S.F. OF GRAFFITI I 10/29/07 I V AIL RANCH AT OVERLAND REMOVED I 50 S.F. OF GRAFFITI 10/29/07 I CALLE RIVAS AT DE PORTOLA REMOVED 30 S.F. OF GRAFFITI 10/29/07 1 MIRA LOMA EDISON PLANT REMOVED 18 I S.F. OF GRAFFITI , 110/29/07 I TARGET CENTER REMOVED I 12 S.F. OF GRAFFITI I I 10/29/07 YNEZCOURT REMOVED I 14 S.F. OF GRAFFITI 10/29/07 WINCHESTER AT TACO BELLO REMOVED I 350 S.F. OF GRAFFITI 110/29/07 REMOVED I I , WINCHESTER AND MARGARITA BRIDGE 195 S.F. OF GRAFFITI :1 110/29/07 REMOVED I GENERAL KEARNY BRIDGE 240 S.F. OF GRAFFITI I I 10/29/07 MUIRFIELD AT PECHANGA REMOVED I 208 S.F. OF GRAFFITI I I JANE AT SHARON REMOVED 116 S.F. OF GRAFFITI I ' 10/30/07 I I I I I I I I I I I I I I ;1 TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 4.338 35 R\MAINTAlN\WKCMPLTD\GRAFFITI\ 7J1 ~ ~ O~ <~< ~u> ~~o u~~ ~=~ ~~~ ~~~ ~~~ ~osz o~~ ~z~ ~~~ ~~ u~t'- ~o <~ ~ ~ ~ I"l ~~ Po 0'0 "'I"< )i / ..I ~ U " ~ III ~ c ~ ~ ~ z I I- 0 ~ 0 z 3 . I- " a. w I/) C) ~ >- I- ..J U. :J 0 ...., W en z + :J ...., ~ :;; ..J ii! ~ 0:: :Ii III w u. II / III "- "- '11 I , t ~ , ...., ~-----------------------_. 00000000000000000000000000 00000000000000000000000000 00000000000000000000000000 ~m~~~~m~~M~m~~M~m~~M~m~~M~ ~~~~~~MMMMMNNNNN~~~~~ I I I I I I I I I I I I L I I I I I , I I I I ,i I CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF OCTOBER, 2007 10/17/07 VIARAZOATLEENA WAY TRIMMED 4 R.O.W. TREES I I I I I I I I I I TOTAL R.O.W. TREES TRIMMED ~ R:\MAlNTAIN\WRKCOMPLTD\TREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF OCTOBER, 2007 DATE DATE WORK REC'D LOCATION REQlJEST COMPLETED 10/0 1/07 CALLE GIRASOL S.N.S. MISSING 10101/07 10/01/07 I 41870 SHOREWOOD COURT I S.N.S. DOWN 10101/07 10/01/07 142221 MAIN STREET 1 ODOR FROM LOT 10101/07 10/02/07 I 40334 CALLE KATHERINE 1 DEBRIS 10102/07 10/02/07 1 32225 PIO PICO I SIGN DOWN 10102/07 10/03/07 1 30116 SANTA CECILIA I TREE TRIMMING 10103/07 10/04/07 1 34058 CENTER STONE 1 OPEN TRENCH 10/04/07 10/04/07 I PECHANGAATPRIMROSE 1 SIGN DOWN 10/04/07 10/04/07 1 MORAGA I DEBRIS 10104/07 10/04/07 1 MARGARITA I DEBRIS 10/04/07 10/04/07 1 45700 CLUBHOUSE DRIVE I TREE TRIMMING 10104/07 10/05/07 I 42435 AGENA 1 TREE REMOVAL 10105/07 10/05/07 CAMINO CAMPOS VERDE I TREE DOWN 1010507 10/08/07 45616 RAINBOW CANYON ROAD I POTHOLE 10/08/07 10/08/07 EL CHIMISAL I CLEAN CHANNEL 10/08/07 10/09/07 CORTE TAQillTA I SNS DOWN 10/09/07 10/09/07 31379 CORTE CAMARILLO I TREE TRIMMING 10/09/07 10/09/07 42060 AGENA I DEAD TREE 10/09/07 10/09/07 41101 PROMENADE CHARDONNAY HILLS DEAD TREE 10109/07 10/1 0/07 30056 LA PRIMAVERA RE-STRIPE 10/10/07 10/1 0/07 33182 VIA ALVARO OIL IN STREET 10/10/07 10/10/07 MORAGA LEAKY CONTAINER 10/10/07 10/11/07 A VENIDA ALVARADO I R-I DOWN I 10/11/07 10/11/07 REDHAWKPARKWAY I TREE TRIMMING I 10/11/07 10/11/07 P ASEO P ARALLON I A.C. WORK I- 10/11/07 R:\MAJNTAIN\WRKCOMPLTD\SORS\ DATE REC'D 10/11/07 10/11/07 10/15/07 10/15/07 10/16/07 10/17/07 10/17/07 10/17/07 10/17/07 10/17/07 10/17/07 10/17/07 10/17/07 10/18/07 10/19/07 10/19/07 10/19/07 10/22/07 10/25/07 10/31/07 LOCATION 28649 PUJOL STREET 29645 VIA LAS COLINAS DE PORTOLA ROAD REQUEST TREE TRIMMING LIFTING SIDEWALK DEBRIS PICK-UP I DEBRIS PICK-UP I ROOT PRUNING I DEBRIS PICK-UP I TREE LIMB DOWN I SIGN DOWN I SIGN REMOVAL I SIDEWALK REPAIR I TREE TRIMMING I TREE TRIMMING I I TREE REMOVAL I I DEBRIS PICK-UP I I IRRIGATION BOX OPEN I I DEBRIS I I LIMBS DOWN - CLEAN-UP . I I TREES DOWN - DEBRIS I LIMBS DOWN - DEBRIS I LIMBS DOWN - DEBRIS I I I I I I - I I I VIA PUESTA DEL SOL I 31765 CORTE ENCINAS I MARGARITA I P ASEO BRILLANTE I RANCHO CALIFORNIA ROAD AT MARGARITA 1 MEADOWVIEW I 39808 RUSTIC GLEN DRIVE I 31109 RNERTON LANE I 39986 STAMOS COURT 130612 HOLLY BERRY LANE I CAMINO MAREA I 42015 COSMIC DRIVE I MARGARITA AT RANCHO CALIFORNIA ROAD I CITYWIDE (WIND STORM) I CITYWIDE (WIND STORM) I 65 SORS RECEIVED I 20 SORS RECEIVED I I I TOTAL SERVICE ORDER REQUESTS 126 DATE WORK COMPLETED 10/11/07 10/11/07 10/15/07 10/15/07 10/16/07 10/17/07 , 10/17/07 10/17/07 10/17/07 10/17/07 10/17/07 10/17/07 10/17/07 10/18/07 10/19/07 10/19/07 10/19/07 10/22/07 10/25/07 10/31/07 R:\MAINTAIN\WRKCOMPLTD\SORS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF OCTOBER, 2007 10/01/07 MARGARITA AT HARVESTON SCHOOL ROAD INSTALLED SI-I, S4-3 I 10/02/07 CITYWIDE 1 10/04/07 CITYWIDE REPLACED 8; REPAIRED 4 REPLACED 2- REPAIRED 5 10/09/07 TOMMY LANE AT CALLE GIRASOL REPLACED S.N.S. 10/15/07 YNEZATDATE 10/16/07 I CITYWIDE 10/16/071 TEMECULAPARKWAY AT BUTTERFIELD 10/17/071 CITYWIDE 10/19/07 1 CITYWIDE 10/23/071 CITYWIDE 10/25/07 I CITYWIDE 110/29/07 I CITYWIDE 110/30/07 I CITYWIDE 110/31/07 I CITYWIDE I I I, 1 1 1 I I I I I I REPLACED 2 R4-7 REPLACED 4; REPAIRED 3 INSTALLED 1 W9-I, W4-2R REPLACED 12; REPAIRED 2 REPAIRED 4 SIGNS 2- REPAIRED I I; REPAIRED 2 4' REPAIRED 6 4; REPAIRED I 5; REPAIRED IS REPLACED REPLACED REPLACED REPLACED REPLACED TOTAL SIGNS REPLACED ~ TOTAL SIGNS INSTALLED ----.i TOTAL SIGNS REPAIRED ~ R:\MAINTAIN\WKCMPLTD\SIGNS\ 10/01/07 MAJOR ARTERIALS 110/03/07 MAJOR ARTERIALS 110/04/07 MAJOR ARTERIALS 110/10/07 I AREA #2 II 10/11/07 I AREA #2 110/15/07 I AREA #2 10/16/07 I TEMECULAPARKWAY [10/17/07 I AREA#2 110/18/07 I AREA #2 [10/31/07 I AREA #2 " I I I I I I I I I I I I I I I I Ii I I I I I I CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF OCTOBER, 2007 REPAINTED I REPAINTED I REPAINTED I I REPAINTED I I REPAINTED I I REPAINTED I I REPAINTED I REPAINTED I REPAINTED I I REPAINTED I I I I I I I I I I I I I I I I I TOTAL NEW & REPAINTED LEGENDS 337 NEW & REPAINTED RED CURB & STRIPING L.F. ----..9. I 50 LEGENDS 56 LEGENDS I 49 LEGENDS 41 LEGENDS 20 LEGENDS 58 LEGENDS !. 3 LEGENDS I 18 LEGENDS I 24 LEGENDS I 18 LEGENDS R:\MAINTAIN\WRKCOMPLTD\STRIPillG CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report October / November 2007 Prepared By: Amer Attar Submitted by: William G. Hughes Date: November 27, 2007 PROJECTS UNDER CONSTRUCTION 1. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The majority of work was completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to the site in August 2007. Because of this there was cost to re-mobilize and complete the project when the aforementioned items are complete, these costs are reflected in an approved change order total, which is the responsibility of the developer. In addition, a fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor is re-mobilized; this cost is also included in the approved change order total. 2. Temecula Education Center- Rough Grading This project will provide for the grading of the proposed T emecula Education Center. Project was awarded on 4/11/06. Construction started on 5/1/06. CCO#1 to relocate/modify all impacted utilities along Diaz Road adjacent to the project was approved by the RDA Board on 10/10/06 and Diaz Road was brought up to grade. All work was completed on March 28, 2007. Other ongoing work under this contract involves EMWD work outside of the project limit which was completed in late July. The property was prepared for the rainy season and we are in the process of resolving all issues with EMWD. 3. City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2 This project will construct the second phase of the City's Field Operation Center, which includes the building and the corporate yard. The project was awarded on July 25, 2006, a preconstruction meeting was held on 8-10-06 and the Notice to Proceed was issued effective 8-11-06. Misc. trades are completing their work and applying the final finishes - majority of work has been completed. The majority of staff designated to occupy the building have already done so. The Grand Opening was held on October 18th. The Notice of Completion will be brought before the City Council once we receive the Contractor's Affidavit & Final Release and all issues are resolved. 4. Fire Station - Wolf Creek Site A new 3-bay, 9,062 SF, heavy urban fire station will be built at the SE corner of Wolf Valley Rd & Wolf Creek Dr South. A $3,591,000 construction contract was awarded to RC Construction on 7/25/06. Fire moved into Station in 7/3017. The Grand Opening took place on 9/1517. Punch list items are now complete. Final invoice with all change orders has been processed. Retention is currently being released. There is a potential claim that may surface (U/G electrical conduits vs. overhead placement). We are expecting Contractor's Affidavit & Final Release shortly so we can go to the City Council to accept project. 5. Diaz Road Realignment to Vincent Moraga Under this project, Diaz Road will be realigned starting just south of Rancho Way to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The traffic signal at existing Diaz Road and Rancho California Road will be removed. Contractor has completed Phase IV of the project, which includes landscaping, median island stamped concrete, and final paving. Remaining work includes traffic detector loop installation and final striping. Project completion is scheduled for the week of November 19. 6. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will construct an additional eastbound lane to provide for a right turn lane to southbound 1-15, as well as modify the existing median to accommodate dual left turn lanes from westbound Rancho California Road to southbound Old Town Front Street. The retaining wall is complete and landscaping of embankment is complete. Numerous issues and utility conflicts with the traffic signals, proposed curb elevations and the proposed storm drain across Front Street have come to light and stalled progress. We anticipate completing the work at the end of October. 7. Bridge Fencing Enhancement This portion of the project will provide Architectural Enhancements to the recently constructed fencing at the Overland Drive and Rancho California Road bridges over Interstate 15. Caltrans has issued an Encroachment Permit for the construction and maintenance of the project. The Notice to Proceed effective date is 8/17/07. Traffic Control Plan is pending approval. A material delay issue from the Contractor is being addressed. 8. 1-15 and 79 South Sign Replacement - Temecula Parkway Name Addition and Replacement of 79South Signs Within City Limits This project will add the newly adopted name of "Temecula Parkway" to the appropriate freeway signs and change all "79 South" signs within City Limits. All freeway signs have been installed. The Maintenance Division has installed all the street name signs. DBX has installed all the overhead illuminated signs. The Maintenance Division has installed all the street name signs. The Public Works Maintenance Division will replace a damaged illuminated sign due to high winds and two other signs due to wrong letter size. 9. Murrieta Creek Multi Purpose Trail This project will build equestrian and bike trails along Murrieta Creek between Rancho California Road and Diaz Road. The project is funded in part by a $1 ,214,000 federal grant. Riverside County Flood Control has issued the Encroachment Permit. Rancho California Water District has just informed the City that we must use reclaimed water for irrigation. The City is working with the consultant to revise the irrigation plans. Eastern Municipal Water District's Force Main project is underway in the same area. We are continuing to coordinate with EMWD. 10. Traffic Signal Installation - Rancho California Road at Business Park West Under this project, a traffic signal will be installed on Rancho California Road at Business Park West. Bids were opened on 10/15/2007. The lowest responsible bidder was Ramilan Electric with a bid amount of $179,500. The City Council awarded the construction contract at the 10/23/07 meeting. A pre-construction meeting is scheduled for 11/15/07. To expedite the installation, staff has 2 already ordered the poles and the control cabinets due to their long lead time. They will be furnished to the contractor during construction. PROJECTS BEING ADVERTISED FOR BIDS None PROJECTS IN DESIGN 1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The Environmental Document (Categorical Exclusion) was approved by FHWA on April 19, 2007. The PS&E package & request for authorization (RFA) was re-submitted to Caltrans on 11/1/07. Caltrans has reviewed the Right of Way Certification NO.3 and approval of the Cert. is expected by 11/16/07. Complete review of entire submittal by Caltrans usually takes 60 to 75 days; however, the City is trying to expedite the review. The Resolutions of Necessity for three parcels were adopted at the October 23rd Council meeting. Right of way negotiations will continue with the property owners. Two of the three, right to enter forms (agreements for possession use) have been obtained from the property owners. We are also working with our landscape consultant to modify the irrigation plans to accommodate recycled water due to newly adopted State laws and RCWD regulations. Once the City receives a letter of authorization for construction from Caltrans, the public bidding process can be initiated for construction; however, the project cannot be awarded until the third permission to enter is obtained or the City obtains ownership of the remaining property. 2. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation The project includes the construction of new wetlands as part of the Wolf Valley Creek Channel - Stage I Project. The mitigation site is located along the north bank of Temecula Creek (within the floodplain and floodway area). The environmental regulatory agencies have approved this new mitigation area and would not have accepted the 5-year maintenance on the Pala Road Bridge mitigation site unless this new mitigation project was provided by the City. New landscaping and an irrigation system will be installed. Once the mitigation area is constructed, the City will perform a 5- year maintenance and monitoring plan. RCFC & WCD stated that the proposed mitigation site is not within their maintenance area and they have no significant comments regarding the installation. The City has provided final comments to the consultant and 100% plans will be submitted by 11/16/07. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project includes studying alignments, design and construction of an extension of Overland Drive, westerly to Diaz Road, including a new bridge over Murrieta Creek. Coordination with RCFC & WCD and the U. S. Army Corp of Engineers is required. Plan check comments were sent to the consultant during the month of January; however, the design is currently on hold until the Corps finalizes the HEC-RAS Study for Murrieta Creek. The access ramps to the creek and under crossings at bridges have not yet been included in the HEC-RAS cross-sectional data. Until this work is accomplished by the Corps, an accurate hydraulic run for Murrieta Creek cannot be evaluated. The Consultant or the Corps will be performing the final hydraulic run for Murrieta Creek 3 to verify that a 3' freeboard under the Murrieta Creek Bridge at Overland Drive is provided. 4. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Corps of Engineer's Murrieta Creek improvement project. SWE has revised their original design proposal for this project in light of these additional efforts required. City Council approval of a contract amendment for SW E was secured on 9/11/07; a "re-kickoff" meeting was held on October 2, 2007. A follow-up design progress meeting with Riverside County Flood Control was held on October 31,2007 with the County acting as liaison for the Army Corps of Engineers. Based on the outcome of the meeting, County Flood will coordinate with the Corps to determine which technical and environmental studies that will be required. Next meeting is scheduled for 12/4/07. 5. Diaz Road Extension to Cherry Street This project is "On-hold'" as it is some what dependent on the final state of the Education Center property. 6. Santa Gertrudis Bicycle/ Trail Undercrossing at Margarita Road This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. Data regarding existing utilities are being incorporated into the design. RCFC has provided an Encroachment Permit. This project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06. Plans & Specs will be completed by next week and the project will be shelved until funding is identified and appropriated. 7. Western Bypass Corridor - Alignment Study This project will complete an alignment study for the northern portion of the Western Bypass Corridor (from Cherry Street to just south of Rancho California Road). The City will be providing final comments to the consultant, U RS, for the chosen alignment the week of November 12, 2007. URS is scheduled to provide mylars and a final report in December. 8. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirement of RWQCB by desilting the channel & pond located near the Sports Park. City Council authorized the Professional Services Agreement with BonTerra Consulting on 11/14/06. BonTerra continues to work on the environmental clearance process. An RFP for the design was requested from the Annual Agreement consultants. Staff is processing the purchase order and will be scheduling a kick- off meeting. 9. Western Bypass Bridge Over Murrieta Creek This project involves the design and construction of a new bridge over Murrieta Creek at the westerly terminus of R-79S and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The developer of the Villages of Old Town may be taking over the design and construction of this project. The City and developer are negotiating an agreement for the transfer of work. Further development of the 4 design and environmental document is on hold pending the outcome of negotiations. 10. Temecula Community Center Expansion This project will add approximately 4000 square feet of space to the existing T emecula Community Center to accommodate more human services programs. The Escallier House and Barn will be moved onto the Community Center site. The remodeling of these buildings for the use of the Community Pantry is now being designed. The grading portion of this project is being separated from the building and will be bid separately. The grading plans will be submitted to Land Development in November. The building plans are 90% complete and will be submitted to Building and Safety in December. The design of the Escallier House and Barn is still pending. 11. Redhawk Park Improvements, Four Sites This project will add amenities to four park sites in the recently annexed Redhawk area. RJM gave a presentation to a committee with members from City Council, residents and staff. This presentation included the information from past community work shops, which helped with conceptual design of the parks. Due to budgetary restraints, the construction was divided into phases over a number of years. RJM used the existing irrigation layout at the future dog park to help reduce the costs but at the same time allowed for a very flexible design that will be able to be adjusted as the dog park needs change in the future. RJM submitted a proposal to design a half court basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. The City is currently reviewing the proposal. 12. Old Town Infrastructure Projects - Site Demolition and Site Preparation This project involves demolishing the existing non-historic structures on the City owned parcels at the intersection Main and Mercedes to make way for the Main Street Realignment and the Old Town Parking Structure. The remaining relocations to occur under this contract are the Escallier House and Barn, which are scheduled to be relocated Jan/Feb 2008. 13. Old Town Infrastructure Projects - Underground Utility District This project will effectively underground all overhead utility lines along Old Town Front Street, between 2nd and 6th streets, all of Main Street east of Murrieta Creek and Mercedes Street between 2nd and 6th streets. The City Council approved the resolution forming the underground utility district on October 10, 2006. SCE along with Verizon and Time Warner are finalizing their design/participation of the U/G Utility District. Street improvement plans have been forwarded to the utilities. Currently, progress exists. The project will be bid out in 2 parts - Rule 20A (Edison's portion) and 20B (City's portion). U/G utility construction is being closely coordinated with the street improvement project and is anticipated in April 2008. 14. Old Town Infrastructure Projects - Street Improvements, Mercedes St (2nd - 6th) & the Realignment of Main St. This project will improve Mercedes Street and realign Main Street as part of phase 1 of the Old Town Civic Center project. Street plans are 95% complete. For bidding purposes, street improvements were merged with Town Square improvements to have one contractor responsible for the entire project. NMR has submitted their 1 st submittal of the completed bid package. City will provide comments by the week of 11/12. Request for authorization to solicit bids will occur at the 11/27 CC meeting. The project is scheduled to bid by the end of the year. Construction is anticipated to start in Jan 2008. 5 15. Old Town Infrastructure Projects - Parking Structure & Office/Retail frontage This project will construct a parking structure, including office and retail frontage as part of phase 1 of Old Town Civic Center project. Design Architect, NMR submitted Design Development (DD) drawings forthe Parking Structure (PS) on 9/5/7. The WQMP exhibit was also submitted. Northerly Retail/Office space of the PS will house Police & Code Enforcement. Basement parking will be secured parking for City. The construction drawings (CD) are expected to be submitted by Jan 2008. 16. Old Town Infrastructure Projects - Town Square Under this project, the plaza area for Phase 1 of the Civic Center will be constructed. The Town Square improvement plans were merged with the street improvement plan as one bid package. This bid package was submitted to the City for review. Comments will be returned to NMR the week of 11/12. Request for authorization to solicit bids is expected at the 11/27/07 City Council Meeting. 17. Old Town Civic Center Phase 2 Under this project the design and construction documents for phase two of the Civic Center Project will be developed. Design consultant NMR continues the schematic design process. NMR is finalizing the departmental floor plans and exterior elevations. Final presentation of both is scheduled for 11/28/07. 18. Temecula Parkway (formerly 79 South) Park & Ride This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The preliminary plan has been rejected and AAE, Inc. is currently re designing the project to eliminate most of the retaining walls and creating a balanced site. This project will be completed in 2 phases. Phase 1 is scheduled for construction in 2008 and Phase 2 is scheduled for 2010. 19. De Portola Road Pavement Rehabilitation Project (from Jedediah Smith to Margarita) This project includes rehabilitating De Portola Road from Jedediah Smith Road to Margarita Road. This is a federally funded project. The Environmental Document (Categorical Exclusion) was approved by Caltrans on August 8, 2007. The Consultant will be submitting 70% plans for review within the next month. 20.79 South to Pechanga Parkway - Dual Right Turn Lanes This project includes the design and construction of two right turn lanes on eastbound T emecula Parkway (formerly State Route 79 South) to southbound Pechanga Parkway. The design includes the widening of Temecula Parkway and relocation of traffic signal poles/controller. 100% design plans are currently being reviewed by City staff for minor corrections. 21. Santiago Detention Basin This project includes the design of a 1 acre desilting basin. The proposed basin is located on the south side of Santiago Road between Vallejo Avenue and Orsmby Road. The consultant has begun work on the design; however, the first submittal will be delayed until the geotechnical work is complete. Petra will be performing the geotechnical work for the project. This property owner is expected to sign the right to enter form during the week of November 12. 6 22. Pavement Rehabilitation - STPL Project This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. Geotechnical and survey work have been completed. Consultant has submitted the 30% design package to the City for review. Comments were forwarded back to them. Consultant will submit the 70% design to the City in early December. City has submitted the PES, NES (MI) and ISA package to Caltrans for review and just received the environmental clearance to move forward with the project. 23. Winchester Road/79-North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limit. The consultant submitted the 60% design package to the City for review. City will forward the comments back to the consultant the week of November 19. The City received the environmental clearance for this project from Caltrans. 24. French Valley Parkway Phase 1 - Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp A southbound of-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. The City and Caltrans have agreed that immediate action is required to relieve congestion at the Winchester Road southbound off-ramp. Status is as follows: ~ PS&E - Consultant is preparing 95% plans (retaining walls and landscape/irrigation). ~ Type Selection for Retaining Walls - 1st submittal under Caltrans review. ~ R/W - Establishing limits of dedication. ~ Construction Cooperative Agreement - Caltrans comments received on 2nd fact sheet submittal; City is preparing additional information requested. ~ Maintenance Agreement - City preparing exhibit for first draft. ~ Declaration of Units - Caltrans Approved Metric Exception for this phase. ~ Utilities - Preparing consultant Amendment to initiate utility identification. ~ Conceptual Landscape/Aesthetics - 1st submittal under Caltrans review. 25. Old Town Gymnasium This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. The Boys and Girls Club site is too small forthe proposed Gymnasium. Staff is currently trying to negotiate an agreement with RCFC to utilize some of the land that RCFC is currently using as a staging area. 26. Re-Stripe Route 79 South to 8 lanes from 1-15 to Pechanga Parkway This project will provide four lanes in each direction on T emecula Parkway (formerly State Route 79 South) from 1-15 to Pechanga Parkway. The consultant submitted the design plans to the Traffic Division for review during the week of 11/12/07. Construction will be coordinated with the Pechanga Parkway Dual Right Turn Lanes from Temecula Parkway project. 7 27. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MWD easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 28. Long Canyon Detention Basin - Access Road This project will construct an access road to the Long Canyon Detention Basin. Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. 29. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 200' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. Coordination between the City and Rancho California Water District to acquire a portion of an RCWD-owned parcel needed to construct the bridge continues. The agreement with Nolte Associates for design of the bridge and approaches, as well as for required environmental studies, was approved by City Council on 10/23/07. Design kick-off meeting is to be held during the next period. PROJECTS IN THE PLANNING STAGE 11. 1-15/ SR 79 South Interchange - Project Report (PR) This project will modify the 1-15/ SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. City continued development of design geometrics and environmental technical studies. Status is as follows: y Draft Project Report - 7th Submittal under Caltrans review. y Advisory Design Exceptions - Approved 10/18/06. y Mandatory Design Exceptions - Approved 10/20/06. y Stormwater Data Report - 4th submittal is to coincide with final PR Submittal. y Traffic Study - Approved 09/11/06. y Modified Access Report - FHWA Determination of Acceptability was approved in July 2007. y Geometric Approval Drawings - Under development. y Initial Study Assessment - Approved September 2005. y Acoustic Evaluation - Approved December 2005. y Air Quality Assessment - Approved PM10 Nov 2005 and PM2.5 Jul 2006. y Nat Environmental Study - Approved May 2006. y Cultural Studies - Approved November 2006. y Environmental Document - 5th submittal is under Caltrans review. y FHWA Air Conformity - 1st submittal is under Caltrans review. 8 12. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The project is moving through the Caltrans process. Current status is as follows: ~ Draft Project Report - Approved June 2006. ~ Project Report - Final preparation pending approval of Environmental Document. ~ Draft Environmental Document - Revising per Caltrans review. ~ New Connection Report - Under Caltrans review. ~ Traffic Operations Analysis - Revising per Caltrans review. ~ Stormwater Data Report - Preparing final report. ~ Mandatory Design Exceptions - Approved 07/18/06. ~ Advisory Design Exceptions - Approved 07/18/06. ~ Exception to Ramp Metering Policy - Approved 07/05/06. ~ Geometric Approval Drawings - Approved 07/18/06. ~ Revised Geometric Approval Drawings - Under Caltrans review. ~ Storm Drain Study - Under Caltrans review. ~ Freeway Agreements - Under Caltrans-HQ review. ~ Risk Management Plan - Updating as necessary. ~ Project Charter - 1 st draft is under Caltrans review. ~ Declaration of Units - Request for Metric Exception denied by Caltrans. ~ Freeway Agmts - Under Caltrans-HQ review. ~ Risk Mgmt Plan - Updating as necessary. ~ Project Charter - 1 st draft is under Caltrans review. ~ Maintenance Agmt - Preparing 1 st submittal for Caltrans review. ~ Financial Plan - Preparing 2nd submittal for Caltrans review. 9 PROJECT PRIORITY ::::NO.:>' CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 1 OF 10 11/14/2007 PROJECTNAME,DESCRIl'110N,':' C()NTRACToR&CONTRACT$'s :. ............ PROJECT <%TIl\IE ENGINEER COMPLETE iE~:~.O:,:,,~:~ ~ ~~) PROJECTS UNDER CONSTRUCTION "( PW03-01 PW06-03 PW03-06 PWOl-ll PW95-27 PW02-19 WPS111407 Roripaugh Ranch Fire Station Tovey Shultz Construction, Inc. $3,298,000 Approved Change Orders $212,768.24 Temecula Education Center Rough Grading Contractor: Yeager Skanska, Inc. $3,155,810 and Approved! Pending Change Orders of $2,590,802.30 City Field Operations Center (Maintenance Facility and Corporate Yard) - Phase 2. Contractor: Tovey Shultz Construction. Contract Amount: 6,690,000 Approved Change Orders: $185,516.85 Fire Station - Wolf Creek Site (@SE corner of Wolf Valley RdlWolf Creek Dr So) STK Architecture, Inc. Contractor: RC Construction, Inc. Contract Amount: $3,591 ,000 Diaz Road Realignment, Phase II Contractor: Elite Bobcat Service Contract Amount: $2,519,695 Approved Change Orders (1-4): $88,257.34 Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) Contractor: Sean Malek Engineering & Construction $1 ,732,447 and approved change orders totaling $71 ,778.36. David McBride David McBride David McBride Mayra De La Torre Jon Salazar David McBride The majority of work was completed by April of 2006. Roripaugh Developer (Ashby) schedule shows access and utilities to the site in August 2007. Because of this there was cost to re-mobilize and complete the project when the aforementioned items are complete, these costs are reflected in an approved change order total, which is the responsibility of the developer. In addition, a fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor is re-mobilized, this cost is also included in the approved change order total. This project will provide for the grading of the proposed Temecula Education Center. o Construction started on 5/1106. CCO#1 to relocate/modify all impacted utilities along Diaz 10010 Road adjacent to the project was approved by the RDA Board on 10/10106 and Diaz Road original work 99% original was brought up to grade. All work was completed on March 28, 2007. Other ongoing work 100% CC0#1 97% CC0#1 under this contract involves EMWD work outside of the project limit which was completed in work late July. The property was prepared for the rainy season and we are in the process of resolving all issues with EMWD. This project will construct the second phase of the City's Field Operation Center, which includes the building. Misc. trades are completing their work and applying the final finishes; majority of work has been completed. The majority of staff designated to occupy the building have already done so. The Grand Opening was held on October 18th. The Notice of Completion will be brought before the City Council once we receive the Contractor's Affidavit & Final Release and all issues are resolved. 97% (12/07) 99% (10/07 ) 99% (08/07 ) 99% (11/07 ) 99% (11/07) .......-... ::::::::::0/0:--- CONTRAC .T PAIn ($) 93% 91% 99% A 9,062 SF fire station @ corner of Wolf Valley Rd & Wolf Creek Dr So. History includes: NTP 8/16. Contract amt $3,591 ,000; 260 working days. Station occupied 7/30/7. Grand Opening took place on 9/15/7. Punch list items are now complete. Final invoice with all change orders has been processed. Retention is currently being released. There is a potential claim that may surface (U/G electrical conduits vs. overhead placement). We are expecting Contractor's Affidavit & Final Release shortly so we can go to the City Council to accept project. This project will realign Diaz Road beginning just south of Rancho Way to Vincent Moraga Road at Rancho California Road. Business Park Drive will be a T-intersection at Diaz. The existing traffic signal at Rancho Cal Rd and old Diaz Rd will be removed. Contractor has completed Phase IV of the project, which includes landscaping, median island stamped concrete, and final paving. Remaining work includes traffic detector loop installation and final striping. Project completion is scheduled for the week of November 19. 90% 68% This project will construct an additional eastbound lane to provide for a right turn lane to southbound 1-15, as well as modify the existing median to accommodate dual left turn lanes from westbound Rancho California Road to southbound Old Town Front Street. The additional east bound lane (to 1-15 southbound on-ramp) is now open to traffic. The median landscaping is now complete and the additional westbound left turn pocket will be opened shortly. A storm drain line crossing Old Town Front Street will still need to be constructed once a conflicting conduit is relocated. Work is scheduled to be completed by the end of November. PROJECT PRIORITY ::::NO.:>. PW05-09 PW06-13 PWOl-27 PW07-02 CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 2 OF 10 11/14/2007 PROJECTNAME,DESCRIl'110N,.:. ... C()NTRACTOR&CONTRACT$'s :.... Bridge Fencing Enhancement 3. 1-15 and 79 South Sign Replacement Temecula Parkway Name Addition and Replacement of 79South Signs Within City Limits Murrieta Creek Multi Purpose Trail Contractor: lAC Engineering, Inc. 1,308,148.48 Traffic Signal - Rancho California Road @ Business Park Drive, West ............ PROJECT <%TIl\IE ENGINEER COMPLETE iE~:~.O:,:,,~:~ ~ ~~) William Becerra Kavon Haghighi/ Amer Attar Laura Broggl Amer Attar Amer Attar PROJECTS BEING DESIGNED BY CONSUL TANTS ( PW99-11 (Phase II} WPS111407 Pechanga Parkway Improvements - Phase II, from Temecula Parkway to City Limits @ Pechanga Road. Consultants: DMJM+Harris; Cozad & Fox Steve Beswick! Amer Attar 100% 99% 0% ( 06/0B) 0% (1/0B) 100% .......-... ::::::::::0/0:-'- CONTRAC .T PAIn ($) 100% 51% 40% 0% 0% This portion of the project will provide Architectural Enhancements to the recently constructed fencing at the Overland Drive bridge over Interstate 15. Caltrans has issued an Encroachment Permit for the construction and maintenance of the project. The Notice to Proceed effective date is 8/17/07. A material delay of 16 working days is pending approval. This project will add the newly adopted name of "Temecula Parkway" to the appropriate freeway signs and change all "79 South" signs within City Limits. All freeway signs have been installed. The Maintenance Division has installed all the street name signs. The Public Works Maintenance Division will replace a damaged illuminated sign due to high winds and two other signs due to wrong letter size. This project will build equestrian and bike trails along Murrieta Creek between Rancho California Road and Diaz Road. Riverside County Flood Control has issued the Encroachment Permit. Rancho California Water District has just informed the City that we must use reclaimed water for irrigation. The City is working with the consultant to revise the irrigation plans and process them through RCWD. Eastern Municipal Water District's Force Main project is underway in the same area. We are continuing to coordinate with EMWD. Under this project, a traffic signal will be installed on Rancho California Road at Business Park West. Bids were opened on 10/15/2007. The lowest responsible bidder was Ramilan Electric with a bid amount of $179,500. The City Council awarded the construction contract at the 10/23/07 meeting. A pre-construction meeting is scheduled for 11/15/07. To expedite the installation, staff has already ordered the poles and the control cabinets due to their long lead time. They will be furnished to the contractor during construction. This project will widen Pechanga Parkway to its ultimate width from Temecula Parkway to Pechanga Road. The Environmental Document (Categorical Exclusion) was approved by FHWA on April 19, 2007. The PS&E package & request for authorization (RFA) was re- submitted to Caltrans on 11/1/07. Caltrans has reviewed the Right of Way Certification No. 3 and approval of the Cert. is expected by 11/16/07. Complete review of entire submittal by Caltrans usually takes 60 to 75 days; however, the City is trying to expedite the review. The Resolutions of Necessity for three parcels were adopted at the October 23rd Council meeting. Right of way negotiations will continue with the property owners. Two of the three, right to enter forms (agreements for possession use) have been obtained from the property owners. We are also working with our landscape consultant to modify the irrigation plans to accommodate recycled water due to newly adopted State laws and RCWD regulations. Once the City receives a letter of authorization for construction from Caltrans, the public bidding process can be initiated for construction; however, the project cannot be awarded u CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 3 OF 10 11/14/2007 PROJECT PRIORITY ::::NO.:>. PROJECTNAME,DESCRIl'110N,.:. ... C()NTRAcToR&CONTRACT$'s :.... ............ PROJECT <%TIl\IE ENGINEER COMPLETE iE~:~.O:,:,,~:~ ~ ~~) .......-... ::::::::::0/0:-'- CONTRAC .T PAIn ($) This project includes construction of new wetlands as part of the Wolf Valley Creek Channel - Stage I Project. The mitigation site is located along the north bank of Temecula Creek (within the floodplain and floodway area). The environmental regulatory agencies have approved this new mitigation area and would not have accepted the 5-year maintenance on the Pala Road Bridge mitigation site unless this new mitigation project was provided by the City. New landscaping and an irrigation system will be installed. Once the mitigation area is constructed, the City will perform a 5-year maintenance and monitoring plan. RCFC & WCD stated that the proposed mitigation site is not within their maintenance area and they have no significant comments regarding the installation. The City has provided final comments to the consultant and 100% plans will be submitted by 11/16/07. Pechanga Parkway Storm Drain Improvements- Environmental Mitigation Consultants: Community Works Design Cozad and Fox - $29,840 PW99-11EM Steve Beswick! Amer Attar 75% 75% Murrieta Creek Bridge and Overland Drive The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Extension from Commerce Centerto Diaz Rd Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD and the U. S. Consultant: Project Design Consultants Army Corp of Engineers is required. Plan check comments were sent to the consultant Contract: $466,940 during the month of January; however, the design is currently on hold until the Corps Steve 70% finalizes the HEC-RAS Study for Murrieta Creek. The access ramps to the creek and under PWOO-26 Beswick! 60% crossings at bridges have not yet been included in the HEC-RAS cross-sectional data. Until Greg Butler this work is accomplished by the Corps, an accurate hydraulic run for Murrieta Creek cannot be evaluated. The Consultant or the Corps will be performing the final hydraulic run for Murrieta Creek to verify that a 3' freeboard under the Murrieta Creek Bridge at Overland Drive is provided. Main Street Bridge Over Murrieta Creek Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue (Replacement) environmental permitting and coordination issues associated with pursuing the bridge Consultant: Simon Wong Engineering replacement as a project separate from the Corps of Engineer's Murrieta Creek Contract amount: $317,719 improvement project. SWE has revised their original design proposal for this project in light Amendment No.1: Contract term extension only of these additional efforts required. City Council approval of a contract amendment for SWE PW03-0S Amendment No 2: Contract term extension only Jon Sal azarl 50% 50% was secured on 9/11/07; a "re-kickoff" meeting was held on October 2,2007. A follow-up Amendment No.3: $322,305 Amer Attar (1/09 ) design progress meeting with Riverside County Flood Control was held on October 31, 2007 with the County acting as liaison for the Army Corps of Engineers. Based on the outcome of the meeting, County Flood will coordinate with the Corps to determine which technical and environmental studies that will be required. Next meeting is scheduled for 12/4/07. Diaz Road Extension to Cherry Street David This project Is "On-hold'" as It Is some what dependent on the final state of the PWOO-IO Consultant: Kimley-Horn and Assoc. $167,101.00 McBride N1A% N/A% Education Center property. Multi-Trails System - Margarita Road Under This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek Crossing under Margarita Road. Data regarding existing utilities are being incorporated into the Consultant: LAN Engineering William design. RCFC has provided an Encroachment Permit. This project cannot be constructed PW04-13 Contract Amount: $114,426.00 99% 99% until adequate funds are identified. An application was submitted for State Bicycle Becerra Transportation Account (BTA) funds on 12/1106. Plans & Specs will be completed soon and the project will be shelved until funding is identified and appropriated. WPS111407 CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 4 OF 10 11/14/2007 PROJECT PRIORITY ::::NO.:>. PROJECTNAME,DESCRIl'110N,.:. ... C()NTRACToR&CONTRACT$'s :.... ............ PROJECT <%TIl\IE ENGINEER COMPLETE iE~:~.O:,:,,~:~ ~ ~~) PW05-10 Western Bypass Corridor - Alignment Study Consultant: URS Corporation Contract Amount: $265,180 Amer Attar III PWOS-13 Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond Env. Consultant: BonTerra Consulting -Contract: $67,340 -Amendment NO.1: $25,520 Design Consultant: Cozad&Fox -Contract Amt.$24,220 William Becerra Western Bypass Bridge Over Murrieta Creek Consultant: TYLlN International Contract Amt: $378,776.20 PW06-04 Avlin Odviar PW06-0SCS III Temecula Community Center Expansion Consultant: Meyer and Associates Original contract: $138,880.00 Amendment#1: $70,052.50 Bill McAteer 90% 40% (06/0B) 30% (TBD) 70% ( 2/0B) .......-... ::::::::::0/0:--- CONTRAC .T PAIn ($) Redhawk Park Improvements 0% PW06-06 Consultant: RJM Design Group, Inc. Amer Attar 0% Contract Amount: $ Old Town Infrastructure Projects Greg Butler/ - Site Demolition and Site Prep BO% PW06-07 (1 A Mayra De La (12/07 ) N/A Torre Old Town Infrastructure Projects - Underground Utility District Greg Butler/ BO% PW06-07 (1B Mayra De La (1/0B) N/A Torre Old Town Infrastructure Projects - St Improvements; Mercedes St (2nd - 6th) Mayra De La & realignment of Main St. 90% PW06-07 (1 C Design Consultant: RBF Torre/ (11/07 ) BO% Contract Amt: $253,300 Greg Butler WPS111407 90% 30% 23% 50% This project will complete an alignment study for the northern portion of the Western Bypass Corridor (from Cherry Street to just south of Rancho California Road). The City will be providing final comments to the consultant, URS, for the chosen alignment the week of November 12, 2007. URS is scheduled to provide mylars and a final report in December. This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirement of RWQCB by desilting the channel & pond located near the Sports Park. City Council authorized the Professional Services Agreement with BonTerra Consulting on 11/14/06. BonTerra continues to work on the environmental clearance process. An RFP for the design was requested from the Annual Agreement consultants. Staff is processing the purchase order and will be scheduling a kick-off meeting. This project involves the design and construction of a new bridge over Murrieta Creek at the westerly terminus of R-79S and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The developer of the Villages of Old Town may be taking over the design and construction of this project. The City and developer are negotiating an agreement for the transfer of work. Further development of the design and environmental document is on hold pending the outcome of negotiations. This project will add approximately 4000 square feet of space to the existing Temecula Community Center to accommodate more human services programs. The Escallier House and Barn will be moved onto the Community Center site. The remodeling of these buildings for the use of the Community Pantry is now being designed. The grading portion of this project is being separated from the building and will be bid separately. The grading plans will be submitted to Land Development in November. The building plans are 90% complete and will be submitted to Building and Safety in December. The design of the Escallier House and Barn is still pending. RJM submitted a proposal to design a half court basketball court, ADA accessible parking, and dog park at Redhawk Community Park; a seatwall and shade structure at Sunset Park. The City is currently reviewing the proposal. The remaining relocations to occur under this contract are the Escallier House and Barn, which are scheduled to be relocated Jan/Feb 2008. SCE along with Verizon and Time Warner are finalizing their design/participation of the U/G Utility District. Street improvement plans have been forwarded to the utilities. Currently, progress exists. The project will be bid out in 2 parts - Rule 20A (Edison's portion) and 20B (City's portion). U/G utility construction is being closely coordinated with the street improvement project and is anticipated in April 2008. Street plans are 95% complete. For bidding purposes, street improvements were merged with Town Square improvements to have one contractor responsible for the entire project. NMR has submitted their 1 st submittal of the completed bid package. City will provide comments by the week of 11/12. Request for authorization to solicit bids will occur at the 11/27 CC meeting. The project is scheduled to bid by the end of the year. Construction is anticipated to start in Jan 2008. CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 5 OF 10 11/14/2007 PROJECT PRIORITY ::::NO.:>. PROJECTNAME,DESCRIl'110N,.:. ... C()NTRAcToR&CONTRACT$'s :.... ............ PROJECT <%TIl\IE ENGINEER COMPLETE iE~:~.O:,:,,~:~ ~ ~~) .......-... ::::::::::0/0:-'- CONTRAC .T PAIn ($) Old Town Infrastructure Projects - Parking Structure & Office/Retail frontage Mayra De La 20% PW06-07 (10) Torre/ (2/0B) 51% Greg Butler Old Town Infrastructure Projects Mayra De La PW06-07 - Town Square Plaza BO% (IE) Torre/ (10/07 ) 75% Greg Butler Old Town Civic Center Phase 2 PW06-07 Schematic Design, Design Development and Greg Butler 22% 10% Ph2 Construction Document for phase two of the Civic (9/0B) Center Project Temecula Parkway (formerly79 South) Park & PW06-09 Ride Bill McAteer 30% 20% Consultant: ME Inc. Contract Amt: $109,085 De Portola Road Pavement Rehabilitation Project PW06-10 (from Jedediah Smith to Margarita) Jon Salazar 40% 20% Consultant: GFB-Friedrich & Assoc, Inc. ( 12/07) Contract Amount: $146,100 Pechanga Pkwy-Dual Right Turn Lanes from Temecula Parkway (R79S) Steve 90% PW06-11 Consultant: Cozad & Fox (11/07) 90% Contract: $29,010 Beswi ck Santiago Detention Basin Consultant: Kimley Horn PW06-12 Contract: $65,250 Steve 0% 0% Beswi ck (12/07 ) Pavement Rehab - STPL Project PW06-14 Kavan Haghighi 65% Winchester Road 1 State Route 79 North - North Corridor Beautification PW06-15 Kavan Haghighi 65% WPS111407 58% 60% NMR submitted Design Development (DO) drawings for the Parking Structure (PS) on 9/5/7. The WQMP exhibit was also submitted. Northerly Retail/Office space of the PS will house Police & Code Enforcement. Basement parking will be secured parking for City. The construction drawings (CD) are expected to be submitted by Jan 2008. The Town Square improvement plans were merged with the street improvement plan as on bid package. This bid package was submitted to the City for review. Comments will be returned to NMR the week of 11/12. Request for authorization to solicit bids is expected at the 11/27/07 City Council Meeting. Design consultant NMR continues the schematic design process. NMR is finalizing the departmental floor plans and exterior elevations. Final presentation of both is scheduled for 11/2B/07. The preliminary plan has been rejected and AAE, Inc. is currently re designing the project to eliminate most of the retaining walls and creating a balanced site. This project will be completed in 2 phases. Phase 1 is scheduled for construction in 2008 and Phase 2 is scheduled for 2010. This project includes rehabilitating De Portola Rd from Jedediah Smith to Margarita Rd. This is a federally funded project. The Environmental Document (Categorical Exclusion) was approved by Caltrans on August 8 , 2007. The Consultant will be submitting 70% plans for review within the next month. This project includes the design and construction of two, right turn lanes on eastbound Temecula Parkway (formerly State Route 79 South) to southbound Pechanga Parkway. The project includes the widening of Temecula Parkway at Pechanga Parkway and relocation of traffic signal poles. 100% design plans are currently being reviewed by City staff for minor corrections. This project includes the design of a one acre desilting basin. The proposed basin is located on the south side of Santiago Road between Vallejo Avenue and Orsmby Road. The consultant has begun work on the design; however, the first submittal will be delayed until the geotechnical work is complete. Petra will be performing the geotechnical work for the project. This property owner is expected to sign the right to enter form during the week of November 12. This project will rehab Rancho California Road from Ynez Rd. to the City limits on the east. Consultant has submitted the 30% design package to the City for review. Comments were forwarded back to them. Consultant will submit the 70% design to the City in early December. City has submitted the PES, NES (MI) and ISA package to Caltrans for review and just received the environmental clearance to move forward with the project. This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limit. The consultant submitted the 60% design package to the City for review. City will forward the comments back to the consultant the week of November 19. The City received the environmental clearance for this project from Caltrans. CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 6 OF 10 11/14/2007 French Valley Parkway I Interstate 15 Over- Crossing and Interchange Improvements - Phase 1 (PS&E) Consultant: Moffatt & Nichol Amend. NO.1: $ 507,881.00 Avlin Odviar Amend. NO.4: $ 632,058.00 /William 47% Becerra/ (07/10 ) 61% Notes: Amer Attar > Amend. Nos. 1 & 4 amend original agreement under PW02-11. > Amendment amounts represent portion appropriated for PW07-04. Old Town Gymnasium Consultant: WLC Architects 0% II Contract Amount: $307,390.00 Bill McAteer (09/0B) N/A Re-Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1-15 Steven Beswi ck 0% N/A PROJECT PRIORITY ::::NO.:>. PROJECTNAME,DESCRIl'110N,.:. ... C()NTRAcToR&CONTRACT$'s :.... ............ PROJECT <%TIl\IE ENGINEER COMPLETE iE~:~.O:,:,,~:~ ~ ~~) PW07-04 PW07-0SCS PW07-0B .......-... ::::::::::0/0:-'- CONTRAC .T PAIn ($) PROJECTS BE/NG DESIGNED BY STAFF ( Localized Storm Drain Improvements 20% PW04-02 II ( N/A) N/A Long Canyon Detention Basin - Access Road Scott 0% PW04-07 HaNey N/A Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek PWOS-11 Jon Sal azarl 0% 0% Amer Attar (10/0B) PROJECTS IN THE PLANNING STAGE ( WPS111407 City continued design work. Status is as follows: > PS&E - Preparing 95%. (retaining walls and landscape/irrigation) > Type Selection for Retaining Walls - 1 st submittal under Caltrans review. > RNV - Establishing limits of dedication. > Declaration of Units - Caltrans Approved Metric Exception for this phase. > Utilities - Preparing consultant Amendment to initiate utility identification. > Conceptual Landscape/Aesthetics - 1 st submittal under Caltrans review. Other: > Construction Coop Agreement - Caltrans comments received on 2nd fact sheet submittal; City is preparing additional information requested. > Maintenance Agreement - City preparing exhibit for first draft. This project will construct a gymnasium in old town, adjacent to the Boys and Girls Club. The Boys and Girls Club site is too small for the proposed Gymnasium. Staff is currently trying to negotiate an agreement with RCFC to utilize some of the land that RCFC is currently using as a staging area. This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79 South) from 1-15 to Pechanga Parkway. The consultant submitted the design plans to the Traffic Division for review during the week of 11/12/07. Construction will be coordinated with the Pechanga Parkway Dual Right Turn Lanes from Temecula Parkway project. This project will fix the drainage problem at the south end of Front Street (at the MWD easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. This project includes the construction of an approx. 200' ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. Coordination between the City and Rancho California Water District to acquire a portion of an RCWD-owned parcel needed to construct the bridge continues. The agreement with Nolte Associates for design of the bridge and approaches, as well as for required environmental studies, was approved by City Council on 10/23/07. Design kick-off meeting is to be held during the next period. PROJECT PRIORITY ::::NO.:>' PW04-08 PW02-11 CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 7 OF 10 11/14/2007 PROJECTNAME,DESCRIl'110N,':' '.' C()NTRACTOR&CONTRACT$'s :.... 1-151 SR 798 Ultimate Interchange Project Report (PR) Consultant: RBF Consulting Contract Amount: $ 325,944.00 Amendment No.1: 98,196.00 Extra WorkAuth. No.1: 13,426.00 Extra WorkAuth. No.2: 17,732.00 (Extra Work Auth. No.3: 18,428.00) (Extra Work Auth. No.4: 5,032.00) Note: EWA No.3 and 4 will be paid with unused portion of Amend No.1. French Valley Parkway I Interstate 15 Over- Crossing and Interchange Improvements (PA & ED) Consultant: Moffatt & Nichol Agreement Amount: $1,091,693.00 Amend. No.1: 202,652.40* Amend. No.2: 21,630.00 ceo NO.1: 25,000.00 ceo NO.2: 8,000.00 ceo NO.3: 18,008.00 ceo NO.4: 11,320.00 ceo NO.5: 37,645.00 Amend. No.3: 283,982.52 Amend. No.4: See PW07-04 Amend. No.5: 169,000.00 Notes: > Amend. No.1 also applies to PW07-04. See PW07-04 for add'l apportionment. PROJECTS WAITING IN THE WINGS ( PWOO-29 WPS111407 Butterfield Stage Road - Roripaugh CFD III II Citywide Master Drainage Plan ............ PROJECT <%TIl\IE ENGINEER COMPLETE iE~:~.O:,:,,~:~ ~ ~~) Avlin Odviar/ Amer Attar Avlin Odviar /William Becerra/ Amer Attar Amer Attar ???????? 85% (03/08 ) 84% (09/08 ) % % .......-... ::::::::::0/0:--- CONTRAC .T PAIn ($) 85% 77% N/A N/A City continued development of design geometrics, technical studies, and reports. Status is as follows: > Draft Project Report - 7th submittal under Caltrans review. > Advisory Design Exceptions - Approved Oct 2006. > Mandatory Design Exceptions - Approved Oct 2006. > Stormwater Data Report - 4th submittal is to coincide with final PR Submittal. > Traffic Study - Approved Sept 2006. > Modified Access Report - FHWA Determination of Acceptability, approved July 2007. > Geometric Approval Drawings - Under development. > Initial Study Assessment - Approved Sep 2005. > Acoustic Evaluation - Approved Dec 2005. > Air Quality Assessment - Approved PM10 Nov 2005 and PM2.5 Jul 2006. > Nat Environmental Study - Approved May 2006. > Cultural Studies - Approved Nov 2006. > Environmental Document - 5th submittal under Caltrans review. > FHWA Air Conformity - 1 st submittal under Caltrans review. City continued development of the Project Report and Environmental Document. Status is as follows: > Draft Project Report - Approved June 2006. > Project Report - Final preparation pending approval of Environmental Doc. > Draft Environmental Document - Revising per Caltrans review. > New Connection Report (NCR) - Under Caltrans review. > Traffic Operations Analysis - Revising per Caltrans review. > Stormwater Data Report - Preparing final report. > Mandatory Design Exceptions - Approved 07/18/06. > Advisory Design Exceptions - Approved 07/18/06. > Exception to Ramp Metering Policy - Approved 07/05/06. > Geometric Approval Drawings - Approved 07/18/06. > Revised Geometric Approval Drawings - Under Caltrans review. > Storm Drain Study - Under Caltrans review. Other: > Declaration of Units - Request for Metric Exception denied by Caltrans. > Freeway Agmts - Under Caltrans-HQ review. > Risk Mgmt Plan - Updating as necessary. > Project Charter - 1 st draft is under Caltrans review. > Maintenance Agmt - Preparing 1 st submittal for Caltrans review. All work has been on hold while Developer finalizes construction financing. Postponed. CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 8 OF 10 11/14/2007 ............ .......-... > PROJECT PROJECT NAME, DESCRIPTION;. :PROJECT ::::OJ;jiMi(: ::::::::::0/0:-'- :",.",.",.",.",.",.",.":::::::::::::::::::::::::.::,.:::.":.:::.:::.",.",.",.",.",.",.",.:. ::::NO.:>. PRIORITY CONTRACTOR& CONTRACT$'s ENGINEER COMPLETE CONTRAC .............................................' '~~ <............................................. iE~:~.O:':"~:~ ~ ~~) .T PAID ($) '::::::::::::::::::::::::::::::.::.::.::.::.::.::.::.::.::.::.:::::::::::::::::::::::::::::::: ............ <<<<<<<<<<<<<<<<<<<<<<<:><< .--.--.--. Sam Hicks Monument Park Playground This project will replace the playground at Sam Hicks Monument Park to comply with new PW06-16 Replacement Kavon 0% N/A standards. The funding for this project is through Community Development Block Grant. Haghighi Funding for this project has been reallocated. Postpone until funds are allocated. Auxiliary Lanes on 1-15 in Temecula A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off-ramps on 1-15 in Temecula to improve the freeway operation. An RFP to conduct Laura the study was published on the City's website on 02/14/07. Proposals were received on PW06-17 I Broggl 0% N/A 03/16/07. The City reviewed the proposals and selected a consultant. Due to funding Amer Attar constraints, this project is being delayed until Fiscal Year 200912010. Funding this project will be reviewed again during the FY200B/2009 budget process. RIGHT OF WA Y RELA TED PROJECTS "( French Valley Parkway/l-15 Overcrossing and Carol Architect selected; will be setting up meetings with owners as soon as his insurance is in; PW02-11 I Interchange, Project Report (PR) Chiodo N/A N/A appraiser on hold until architect's work is complete Pechanga Parkway Three Purchase & Sale Agreements (two residential and one commercial property) are on PW99-11 Carol the Nov. 27 Council agenda; Resolution of Necessity approved by Council on Oct. 23 for 3 Chiodo commercial properties; only one property with neither a Right of Entry or settlement ( U Store It) CFD 03-02 Butterfield Stage Road - Roripaugh CFD Carol settlement reached with Calixto and Purchase and Sale Agreement to Council November Chiodo 27 PW 95-27 I Diaz Realignment Carol Final offer made to Morter and response required by Nov. 16; city Attorney's office Chiodo continues with legal filings to pursue case PW 06-11 Pechanga Parkway (right turn lanes) Carol Appraisal will be finalized as soon as decision is reached as to how to deal with slope so Chiodo that easement language can be provided to appraiser PW99-11 Pechanga Parkway (mitigation land) Carol Same as above Chiodo French Valley Parkway Carol Working with owners to assess relocation options; have met with architect and both owners PW02-11 Chiodo and provided preliminary plans; appraisals to commence when architect's work is completed Surplus Land: Diaz Road Realignment Carol Awaiting final alignment so parcels can be determined; also awaiting decision re: remnant Chiodo adjacent to Morter; Will prepare RFP for appraisal services in near future for sale of property to adjacent owners Riverside County Flood Control Parcels-Old Town Carol Continue to contact Flood Control with little or no response; have advised that City will sell Chiodo required land except Stampede property; contact at flood Control is to send appropriate documents; PW07-05 Boys and Girls Club Carol Providing title support for this project Chiodo Policy re: Site Assessments Carol Editing Site Assessment policy Chiodo Miscellaneous Right of Way Related Items Carol On-going N/A review of Caltrans procedures; working on draft of Relocation handout required by law Chiodo SPECIAL AND MISCELLANEOUS PROJECTS CFD 0302 Roripaugh Ranch CFD Amer Attar N/A 2% Processing Bid Packages and Reimbursement Requests. WPS111407 CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 9 OF 10 11/14/2007 ............ .......-... > PROJECT PROJECTNAME,DESCRIl'110N,... ... .PROJECT ::::OJ;jiMi(: ::::::::::0/0:-'- ..,..,..,..,..,..,..,............................................,........................,..,..,..,..,..,..,.' ....NO..>. PRIORITY C()NTRACTOR&CONTRACT$'s ..... ENGINEER COMPLETE CONTRAC .............................................' '~~ <............................................. iE~:~.O:':"~:~ ~ ~~) .T PAIn ($) :..:>.::..::..::..::..::..::........................:..::..::..::..::..::..::..::. ........................>.. CFD0102 Harveston CFD Amer Attar N/A 18% Processing Reimbursement Requests. All bid packages are complete. CFD 0306 Harveston CFD Amer Attar N/A 58% Processing Reimbursement Requests. All bid packages are complete. CFD 0301 Crown Hill CFD Amer Attar N/A B% Processing Reimbursement Requests. All bid packages are complete. CFD 0303 Wolf Creek CFD Amer Attar N/A 30% Processing Reimbursement Requests. All bid packages are complete. Serena Hills CFD Amer Attar N/A 0% Processing Reimbursement Requests. All bid packages are complete. CFD 0208 Various I Tracking, preparing, and processing Federal and Julie Dauer On-going N/A Various Projects. State Funds Reimbursements Murrieta Creek Multi Purpose Trail Request for Authorization' has been approved for construction. TCSD to develop co-op PW01-27 I Julie Dauer N/A N/A agreement with Riverside County Flood Control. Awaiting Encroachment Permit from RCFCD. Bid Opening August 15, 2007. Surface Transportation Program (STP) - De Received comments from Caltrans Local Assistance pertaining to our NES (MI) and ISA PW06-10 I Portola Road Pavement Rehabilitation Julie Dauer N/A N/A submittal. Comments have been addressed and returned to Local Assistance for additional review and processing. PW03-05 I Highway Bridge Replacement & Rehabilitation Julie Dauer N/A N/A Jon Salazar is coordinating with our consultant to continue the environmental processes Program (HBRR) - Main Street Bridge and follow through with the design. Total HBRR funds $3,920,000. SR2S- Safe Routes to School Program - SR2S funding has been awarded in the amount of $425,520. No State funds are to be PW05-11 I Pedestrian/Bicycle Bridge over Santa Gertrudis Julie Dauer N/A N/A allocated for this project, therefore NEPA environmental processes will be required. In Creek to Chaparral High School addition to SR2S funding we have been awarded $132,000 in SB821 funding. Various I Transportation Uniform Mitigation Fee (TUMF) Julie Dauer N/A N/A In process of reviewing costs for Quarter Ended 9/30107 for TUMF reimbursement requests. TE - Transportation Enhancement PES & Field Review forms and NES (MI) and ISA Checklist have been prepared and I Winchester Road/State Route 79 North Corridor submitted to Caltrans for environmental review. Received comments from Local Assistance PW06-15 Beautification Project Julie Dauer N/A N/A and have completed responses and submitted for additional review by Caltrans. Total funds awarded per TE Funding adjustments $1 ,133,000. PW99-11 Pechanga Parkway Phase II Street Improvements Have received environmental approval and are currently in process of completing the right- (Phase II) I Public Land & Highways Funded Julie Dauer N/A N/A of-way processes. Completed RFA package will be submitted upon ROW certification. Various I CIP Project Files Julie Dauer N/A N/A Continue process of review of current and completed CIP projects for archiving. Various I Grant Files Julie Dauer N/A N/A On-going review and update of all grant files for the CIP Division. Formulating a list and cross-references for current and active grant programs and projects. Various I Bond Releases Julie Dauer N/A N/A On-going processing of bond releases for City Clerk's office for various completed CIP projects. TBD I 2006/07 Bicycle Transportation Account Julie Dauer N/A N/A 2006/07 BTA funds approved for the preliminary engineering of our Santa Gertrudis Creek BTA Funds Bicycle Trail Extension and Interconnect project. Total award $395,000. Quarter Ending 9/30107 Review of Federal and State funding of CIP projects for preparation of reimbursement Various I Julie Dauer N/A N/A invoices for costs incurred during last quarter. Also include review of administrative costs for CIP projects and prepare reports for Finance. Standardize the format of the Specifications for all Amer Attarl On-going N/A Specifications library is continuously being updated and amended. The boiler-plate section projects Grea Butler is also being reviewed and updated. Circulation Element Implement Plan Amer Attarl This Project is to identify all future projects necessary so that the current Circulation I Laura Bragg N/A N/A Element of the General Plan is fully implemented. Data entry into the database is underway. WPS111407 PROJECT :::::NO.::::. PRIORITY . Various WPS111407 CITY OF TEMECULA CAP IT AL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET PAGE 10 OF 10 11/14/2007 PROJECTNAME,DESCRIl'110N,.:.::.::: C()NTRAcToR&CONTRACT$'s ::::.. Update Plans to Reflect As-Built Conditions for All Recent Projects Consultant Selection ............ PROJECT::%TIl\IE ENGINEER COMPLETE iE~:~.O:,:,,~:~ ~ ~~) 1??1?? Laura Bragg On-going On-going .......-.... ::::::::::%.:::':-' CONTRAC .T PAIn ($) N/A City receives blue prints from many contractors marked with As-Built conditions for various projects. Some of these As-Built conditions have never been transferred to the project mylars. As-Built plans will be created for all recent projects, if it was not done at the time of submission. An Access database was created for our Consultant Selection List. Information is available on the City's web-site on how to be placed on the list and responses are being entered into the computer as they are received. N/A ITEM NO. 30 Approvals City Attorney Director of Finance City Manager 1r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: November 27, 2007 SUBJECT: City Council Travel/Conference Report - October 2007 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On October 3rd Council Member Ron Roberts traveled to Los Angeles to attend the Southern California Association of Governments Administration Committee, Transportation & Communications Committee and Regional Council meetings. On October 30th Council Member Ron Roberts traveled to Nakayama, Japan with Temecula's Sister City delegation to visit local government & school officials, and Nakayama International Exchange Association members. Attachments: Meeting Agenda - SOUTHERN CALIFORNIA :) ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f (213) 236-1825 www.scag.ca.gov OffIcel1; Presidenl:Gary OVitt, San Bemardino (ounly.flrstVicePresldentRlchardOlxon.Lake fores!.Se<ondVi(ePresidentKarry8aldwin, SanGabrlef'lmmediiltePastPlesldentYvonne B. Burke, LO.lAngefes County Imperial (ounty: Victor Carrillo, Imperial (Oullty.Jon fdney,[J (entro los Angeles County: YvOfl/lt B. Burke,lo5 Angeles(ounly.l~Yaros!avsky,loIAnge!es County. Richard Alarcon, Los Angeles. Jim ) Aldinger,ManbattanBeach.HanyBaldwin,5an Gabriel.TonyCardenas,losAngeJes.Stan Carroll, La Habra Heights. Margaret Clark, Rosemead. Gene Damels, Paramount . Judy Ounlap,lnglewood. Rae Gabelich,long Bmh. OavidGafln.Oowney.EricGarCetf~LosAnge!es . Wendy Greuel, Los Angeles. fr.lD~ Gurule, (udaby.JaniceHabn,losAngeles.lsadoreHalf, (ompton. KeitbW. Hanks,Azusa. Jose Huizar, Los Angeles. Jim Jeffra, Lancaster. Tom laBonge, Los AngeJes. Paula Lanl1,l'omona. Barbara Messina, Alhambra. Larry Nelson, Anesia.PauINowatka,Torrance.PamO'Connor, SantaMonica.BemardParks,LosAngeles.Jan Perry,LosAngeles.Ed Reyes, LosAngeles.BiII Rosendahl, Los Angeles. Greig SmUh, Los Angeles.Tom Sykes,Walnut. Mike Ten, South Pasadena.Tonia Reyes Uranga, long Beach. AntonioVillaralgosa, Los Angeles. Dennis Washbum,Colabasas.JadWeiss, Los Angeles. HetbJ.Wesson,Jr., losAngeles. DennisZine, losAngeles Orangl!Count)': Chris Norby, Orange County. Christine Barnes, La Palma . John Beauman, Brea. Lou Bone, Tustin. Debbie Cook, Huntington Beach. Leslie Dargle, Newport Beach.RlchardDixori,Lakeforen.TroyEdgar, Los Alamitos. Paul Glaab, laguna Niguel. Robert Hernandez, Anaheim. Sharon Quirk, Fullenon RiversIdI!ColUlty:Jeff5Ione,RlversideCount)' . Thomas Budley, lake Elsinore .'Bonnie Aicklnger, Moreno Valley. Ron loveridge, Riverside. Greg Penis, Cothedral at)'. Ron Robem,Temecula San Bl!rnardino County; GaryOvltt. San BemardinoCounty. lawrence Dale, Barstow. Paul Eaton, MOnfclair. lee Ann Gilfl:ia, Grand ierrace.TimJasper,iownofAppleValley.Larry McCallon,Highland.OeborahRobertsnn,Rialto .A!anWapner,Ontario TrlbalGovemmentRepresentatlvl!:Andrew Masiel5r.,l'echangaBandofluiseiiolndians ). Ventura County: linda Parks,Ventura County. .,J GlenBecerra,SlmlValley.CarIMorehouse,San BuenaventtJra.ToniYoung, Port HUeneme Orangl! County TranspOr1atlon Authority: Art Brown,lluena Park RiYersidI!CountyTransportation Commisslon:Robln Lowe.. Herner Ventura County Transportation Commission: Kelth MiJlhouse, Moorpark 62101 MEETING OF THE Thursday, October 4,2007 8:30 a.m. - 9:00 a.m. SCAG Offices 818 West 7th Street, 12th Floor Conference Room San Bernardino Los Angeles, CA 90017 213.236.1800 If members of the public wish attachments or have any questions agenda items, please contact Carmen 213,236.1984 or summers@scaa.ca.ao'l to review the on any of the Summers at ~i Agendas and Minutes for the Administration Committee are also available at: www.scaa.ca.aov/committees/ac.htm BCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact BCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable BCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. T RECEIVED SEP 2 4 2007 CITY MANAGER'S OFFICE J. ADMINISTRATION COMMITTEE 'I , AGENDA \k PAGE # TIME "Any item listed on the agenda (action or information) may be acted upon at the discretion of the Committee. " 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE Hon. Ron Loveridge, Chair 2.0 .PUBLIC COMMENT PERIOD Members of the public desiring to speak on an agenda item or items not on the agenda, but within the purview of the Committee, must fill out and present a speaker's card to the Assistant prior to speaking. A speaker's card must be turned in before the meeting is called to order. Comments will he limited to three minutes. The chair may limit the total time for all comments to twenty (20) minutes. .h . 3.0 4.0 ,REVIEW and PRIORITIZE AGENDA ITEMS CONSENT CALENDAR 4.1 Annroval Items 4.1.1 Minutes of AmIDst 30. 2007 Meeting Attachment 1 4.1.2 Contracts over $250.000 Attachment 8 4.2 Receive & File 4.2.1 Contracts/Purchase Orders and MODs between $5.000 - $250.000 Attachment 11 . i #139775vl ADMIN AGENDA OCTOBER 2007 9:41 :20 AM 912012007 C.SUMMERS ADMINISTRATION COMMITTEE . AGENDA PAGE # TIME 5.0 ACTION ITEMS 5.1 Snonsorshin of the 2007 Mobilitv 21 Transnortation Summi! Attachment Sylvia Patsaouras, 13 Acting Director, Government & Public Affairs 5 minutes Recommended Action: Authorize $2,500 from the FY07-08 General Fund Project Reserve Budget to Sponsor the November 5,2007 Mobility 21 Transportation Summit at the Ontario Convention Center. 5.2 Amend C2 Groun. LLC Contract Attachment Ley ton Morgan, Contracts Mgr. 14 5 minutes ~ ~ Recommended Action: Authorize $10,000 from the FY07-08 General Fund Project Reserve Budget to Fund the Contract Amendment 1 with C2 Group, LLC (C2). 6.0 .INFORMATION ITEMS 6.1 CFO Monthlv Financial Renort Wayne Moore, 17 5 minutes for AUl!'USt 2007 CFO Attachment ,.!,,\ 'i 7.0 AUDIT COMl\'~H ~J<.,E REPORT Hon. Paul Nowatka, 5 minutes Chair 8.0 COMMUNICATIONS & Hon. Glen Becerra, 5 minutes MEMBERSHIP REPORT Chair ~1 # 139775vl ADMIN AGENDA OCTOBER 2007 9:41 :20 AM 912012007 ADMINISTRATION COMMITTEE j AGENDA 9.0 DISTRICT EVALUATIONS REPORT 10.0 PERSONNEL COMMITTEE REPORT 11.0 STRATEGIC PLAN IMPLEMENTATION TASKFORCE REPORT 12.0 STAFF REPORT J 13.0 FUTURE AGENDA ITEMS, ~i Any Committee member or staff desiring to place items on a future agenda may make such a request. 14.0 ANNOUNCEMENTS 15.0 ADJOURNMENT The next meeting of the Administration Committee will be held on Thursday, November 1,2007 at the SCAG offices in downtown Los Angeles. s\ '1 1 .j Wayne Moore, CFO Hon. Richard Dixon, Chair Wayne Moore, CFO iii PAGE # TIME 5 minutes 5 minutes 5 minutes # 139775vl ADMIN AGENDA OCTOBER 2007 9:49:23 AM 912012007 C.SUMMERS - " SOUTHERN CALIFORNIA .', ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles. CaUfornia 90017.3435 t(213) 236-1800 f(213) 236.1825 . www.scag.ca.gov Dfflcers:P~ident;GaryOvilt,sanBemardillD (ounty.firstlJi(eP~ident:Ri(hardDixOl1,Lake Forest. Second IJice President: Harryll.1ldwip, San Gabriel. ImmedlatePmPresident;Yvonne 8.Burke,LosAngelesCounty Imperial County: Vinor Callillo, Imperial (ounty-Jonfdney,EICenlro losAngeles County: Yvonne B. Burke,los AngelesCounty-ZevYaroslavsky,losAngeles County - RidJard AlalCon, Los Angeles-Jim A1dinger,Manhanan8eadJ.HarryBaldwin,San Gabriel.ronyCanlenas,LosAngeles.Stiln Carroll, la Habra Heights. Margaret O~rk, Rosemead. Gene Vanlels, Patamount. Judy Dunlap,lnglewood.RaeGabelich,long8eildJ. OiIvid Gafln,llowney. Ell(Garcetti,Los Angeles . Wendy Greuel, Los Angeles. Ftank Gurul~, Cud~hy.Janl(e Hahn, LosAngeles-lsadDreHall, Compton. Keith W. Hanks,kusa. Jose Huim, Los Angeles. Jim Jeffra, Lancaster. Tom LaBooge,losAngeles.PaulaLantz,Pomona_ Il.1rbara Messina, Alhambra .Lmy Nelson, Artesia.PaufNowatka,Torran(e.PamO'(onnor, santaMonlca-8emanlParks,losAngeles.)an Perry,losAngeles-EdReyes,LosAngefes-Bill Rosendahl, Los Angeles. Gleig Smith, Los Angeles. Tom Sykes, Walnut. MikeTen,Soutb Pasadena.ToniaReyesUranga, long Beach. AntonioVillaraigosa,losAngeles.llennis Washburn,Calabasas-JadcWeiss,losAngeles. HerbJ.Wesson.JI.,LosAngeles.llennisZ1ne, Los Angeles OrangeCounty:ChrisNorby,DlangeCoonty. Christine Barnes, La Palma . John 8eauman, Brea. Lou Bone,Tllllln-OebbieCook, Hunllngton Beach . Leslie Daigle, Newpoll Bea(h.Rj(hardll~n,liIkeForest.TfOJ'Edgar, Los Alarnitos. Paul Glaab, laguna Niguel. Robert Hernandez, Anaheim, Sharon Quirk. Fullerton Rlvel'SideCounlJ:JeffStone,RiversideCounly . Thomas Buckley, lake Elsinore. Bonnie flickinger, Moreno Valley. Ron Loveridge, Riverside. Greg PeniS, Cathedral City. Son Roberts,Temerula San Bernardino County: Gary Ovll~ San Bemardino County. Lawren{e Dale,B.lrstow. Paul Eaton, Montdair. lee Ann Garcia, Grand Terra{e.TlmJasper,TownofAppleValley.larry McCallon, Highfand.OeborahRobertson,Rialto .AlanWapner,Ontarlo TrlbalGovernmenrRepresentative:Andrew Masfel Sr., PecMnga Band oftulseilo Indfans VenturaCOUnty:llOdaParks,Ventura(otInty. Glen Bemra, Siml Valley-Carl Morehouse, San Buenaventula-ToniYoung,PortHueneme Orange County Transpomtlon Authority: Art Brown,BlIl'na Padc Rivecide County ~,._..... . _ A . . Commission: Robin Lowe, Hemel VenturaCountyTransportatlon Commisslon:Xei11lMillhouse,Moolpark . 611.01 MEETING OF THE TRANSPORTATION AND COMMUNICATIONS COMMITTEE PLEASE NOTE NEW TIME Thursday, October 4, 2007 9:008.m. - 9:30 8.m. SCAG Offices 818 West 7th Street, 12th Floor Conference Room San Bernardino Los Angeles, ,(;A 90017 213.236.1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Cathy Alvarado at 213.236.1896 or alvarado@scaa.ca.aov Agendas and Minutes for the Transportation Communications Committee are also available at: www.scaa.ca.aov/committees/tcc.htm and SeAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact BeAG at (213) 236.1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. RECEIVED SEP 2 4 2007 CITY MANAGER'S OFFICE . RANSPORTATION COMMUNICATIONS & COM M I T'T E E . AGENDA \~ PAGE # TIME "Any item liste.d on the agenda (action or information) may be acted upon at the discretion of the Committee." 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE Hon. Alan Wapner, . Chair 2.0 PUBLIC COMMENT PERIOD Members of the public desiring to speak on an agenda item or items not on the agenda, but within the purview of this committee, must fill out a speaker's card prior to speaking and submit it to the Staff Assistant. A speaker's card must be turned in before the meeting is called to order. Comments will be limited to three minutes. The Chair may limit the total time for comments to twenty (20) minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITEMS 10 .4.0 CONSENT CALENDAR 4.1 Aooroval Items 4.1.1 Minutes of Ammst 30. 2007 Meeting Attachment 1 4.2 Receive and File 4.2.1 2007 End of Legislative Session Reoort Attachment 10 Summary of legislative actions in Congress and State Legislature on SCAG sponsored legislation and other legislation of interest to SCAG. . ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS i Doc#139752 Tee 10/4/07 9/211200710:09:47 AM TRANSPORTATION COMMUNICATIONS AGENDA 5.0 ACTION ITEMS 5.1 2008 Re2:ional TransDortation Imnrovement Pro2:ram (RTIP) Guidelines Attachment The 2008 RTIP Guidelines were made available for public review and received technical comments only. Staff is requesting the approval of the Guidelines, the authorization to make technical changes to the Guidelines and the approval process for RTIP Amendments. Recommended Action: Approve the attached 2008 RTIP Guidelines, authorize staff to make technical changes to the Guidelines, and the approval process for RTIP Amendments. ~ 6.0 AVIATION TASK FORCE REPORT 7.0 MAGLEV TASK FORCE REPORT 8.0 INFORMATION ITEMS No items. 9.0 CHAIR'S REPORT 10.0 FUTURE AGENDA ITEMS & COMMITTEE ~ 'f \.~ 0 V 1'\. \ . \1,\ PAGE # TIME John Asuncion, SCAG Staff 19 5 minutes . Hon. Alan Wapner, Chair Hon. Lou Bone, Chair Hon. Alan Wapner Any committee member or staff desiring to place items on a future agenda may make such request. 11.0 ANNOUNCEMENTS s.\ '1 The next RTP Workshop will be held on October 18th, 11:00 a.m. - 3:00 p.m., at the Ontario Convention Center, Room 107 ABC, 303 East B Street. ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii _.' Doc#139752 Tee 10/4/07 9/21/200710:09:47 AM ",' tRANSPORTATION COMMUNICATIONS ...... ' " AGENDA 12.0 ADJOURNMENT & COMMITTEE PAGE # TiME ".t~ The next meeting of the Transportation & Communications Committee will be held on November 1, 2007 at the SCAG office in downtown Los Angeles. . e; ~ SOUTHERN CALIFORNIA ,,~ ASSOCIATION of GOVERNMENTS f~ Hi Doc#13975Z Tee 10/4/07 91211200710:09:47 AM SOUTHERN CALIFORNIA ~ ~ ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Angeles, California 90017-3435 t (213) 236-1800 f(213) 236-1825 www.scag.ca.gov Offirers: President Gary Ovilt,San Bemordino Count y.FirstVicePresident Richard Dixon, lake Forest - Sewnd Vice Pmident: Harry B~ldwin, San Gabriel-Immediate Pall Prelident Yl'Onne B.lIurke,LosAngelesCauUIY Imperial County: Virtor Carrillo, Imperial County-JonEdney,EICenlro Los Angeles County: Yvonne B,Burke, los AngelesCounty-ZevYaroslmkY,losAngelel County. Richard Alarcon, Las Angeles. Jim Aldinger,ManhananBeach.Harry8<lIdwin,San Gabriel.TonyCardenas,LoIAngeles-Stan {orroll, La H.bra Heights. Margaret Clark, Ro>emead. Gene Daniels, Paramount . Judy Dunlap;lnglewood.llaeGabelich,Lon.gBeach_ DavidGilfin,Downey.ErieGarceni,LoIAngeles . Wendy Greuel,LosAngeles. Frank Gurule, Cudahy-JaniceHahn,LasAngeles-lsadoreHall, Compton-KeithW,Hankl,A.2usa.JoleHui~ar, tal Angeles. Jim Jeffra, Lancaster. Tam LaBonge,LOlAngeles. Paula lantz,PamOJ1o' Barbara Meslina, Alhambra -Larry Nelson, Artelia-PauINowatka,Torrance-PamO'Connor, SantaMonica.BemardParh,LosAngeles-Jan Peny,losAngeles-Ed Reyes,LoIAngeles. Bill Rosendahl, Las Angeles - Greig SmIth, Las Angeles. TomSykel,Walnut. Mike Ten, South Pasadena. Tania Reyes Uranga, Lang Beach- AntoniaVillaraigosa,LosAngeles.Dennis Washbum,Calabasas.JackWeiss,LosAngeles. Herb J,Wesson, Jr., LosAngeles. DennisZine, lasAngeles Orange County: Chris Norby, Orange County. CMstiM Barnes, la Polma . John Be~um~n, Blea.lou8one,Tuslin-DebbleCook, Huntington Beacn -Leslie Daigle, Newport Beach -lLi(h~rd DiX!in, lake Forest. Troy Edgar, Los Alamitos. Paul Glaab, Laguna Niguel- Robert Hernandez,Anaheim_ Sharon Quirk, Fullerton River:sjdeCounty:JeffStlme, RiversideCounty . Thomas Buckley, Lake Elsinore. Bonnie Flickinger, Moreno Valley. Ron loveridge, Riverside. Greg Pettis, Cathedral City. Ron Roberts,Temecula' San Bernardino Count y: Gary Ovitt, San 8ernardino County. lawrena> Dale, Balltow- Paul Eaton, Montdilir. Lee Ann Garda, Grand Terrace.TimJasper,TownofAppleVal1ey.LaITY MeCalfon, Highland. Deborah Robemon;Rlalto .AlanWapner,Dntario TribalGovemmentRepresentatlve:Andlew MasieISr"Ped1angaBandafLu!sei'iolndialll .VenturaCounty:lindaParks,VenturaCaunty_ ~Ien Becerra, SimiValle~. Carl Morehouse,San Buenaventuia.ToniYoung,PortHueneme Orange County Transportation Authority: ArtBrown,BuenaPark Rlyer:sideCountyTransportation Commisslon:Robinlowe,Hemel Ventura County Transportation (ommlsslan: Keith Millhouse, Moorpark 611.(17 No. 490 MEETING OF THE Thursday, October 4,2007 11:45 a.m. '"- 1:15 p.m. SCAG Offices 818 West 7th Street, 12th Floor Conference Room San Bernardino Los Angeles, CA 90017 213.236.1800 If members of the public wish to review the attachments or have"any questions on any of the agenda items, please contact Sheila Stewart at 213.236.1868 or stewart@scaa.ca.aov Agendas and Minutes for the Regional Council are also available at: www.scaa.ca.aov/committees/rc.htm SCAG, in accordance wi1h the Americans wi1h Disabilities Ac1 (ADA), will accommodate persons who require a modification of accommodation in order to participa1e in 1his meeting. If you require such assistance, please contac1 SCAG a1 (213) 236-1868 a1 ieas1 72 hours in advance of 1he meeting to enable SCAG 10 make reasonable arrangements. To request documents rela1ed to this documen1 in an alternative format, please contac1 (213) 236- 1868. RECEIVED SEP 2 Ii 2007 CITY MANAGER'S OFFICE REGIONAL COUNCIL AGENDA "Any item listed on the agenda (action or information) may be acted upon at the discretion of the CommiUee." 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE Hon. Gary Ovitt President 2.0 PUBLIC COMMENT PERIOD - Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must till out and present a speaker's card to the Executive Assistant prior to speaking. A speaker's card must be turned in before the meeting is called to order. Comments will be Iim.ited to three minutes. The President may limit the total time for all comments to twenty minutes. 3.0 CONSENT CALENDAR 3.1 Ann royal Items 3.1.1 Minutes of Julv 11.2007 Meeting Attachment ~; 3.1.2 Contract Amendments over $250.000 Attachment 3.1.3 Snonsorshin of the 2007 Mobilitv 21 Transnortation Summit Attachment 3.1.4 Amend C2 Groun. LLC Contract Attachment 3.1.5 Recognition of Service Gine:er Gheradi's Retirement 3.1.6 Recognition of Service Eric Halev's Retirement 3.2 Receive & File 3.2.1 Contracts/Purchase Orders and MODs between $5.000 - $250.000 Attachment ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS i PAGE # TIME 1 10 13 14 17 #139745 vl- RC AGENDA OCT 4,07 912512007 10: 16 AM REGIONAL COUNCIL AGENDA Receive & File - Cont'd 3.2.2 CFO Monthlv Financial Reoort for August 2007 Attachment 3.2.3 2007 End of Legislative Session Reoort Attachment 4.0 PRESIDENT'S REPORT 4.1 Committee Annointments 4.2 Information on the Regional Leadershio Academv Attachment 4.3 Status of Attainment PlaniiI the South Coast Air Basin 'I 5.0 EXECUTIVE DIRECTOR'S REPORT 6.0 ACTION ITEMS 6.1 Executive Committee Renort 6.1.1 Ratification of Performance Evaluation of Executive Director 6.1.2 Salarv and Comnensation of Executive Director 6.1.3 Merit Pav Prol!'ram Attachment ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS ii Richard Callahan Hon. Gary Ovitt, Chair PAGE # TIME 19 24 33 34 #139745 vi. RC AGENDA OCT 4, 07 9125/200710:13 AM REGIONAL COUNCIL AGENDA PAGE # TIME 6.2 Administration Committee Reoort Hon. Ron Loveridge, Chair 6.3 Transnortation and Communications Hon. Alan Committee (TCC) Wapner, Chair 6.3.1 Public Particioation Plan Amendment #1 Attachment 39 Recommended Action: Approve 6.3.2 2008 Regional Transnortation Tmorovement Program Guidelines (RTIP) Attachment 121 Recommended Action: Approve " 6.4 Enerl!V and Environment Committee Hon. Debbie Reoort lEECl Cook, Chair 6.4.1 Santa Ana Watershed Proiect Initiative: One Water One Watershed Attachment 227 Recommended Action: Support 6.5 Communitv. Economic and Human Hon. Jon Develonment Committee (CEHD) Edney, Chair 6.6 Communications & Membershio , Hon. Glen Suhcommittee Becerra, Chair ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS #139745 vl- RC AGENDA OCT 4, in 912512007 10: 13 AM Hi REGIONAL COUNCIL AGENDA 7.0 INFORMATION ITEMS 8.0 CLOSED SESSION ITEMS A closed session will be held only if necessary to report significant developments or to take required actions. 8.1 Ratification of Executive Committee Reoort on Performance Evaluation of the Executive Director Pursuant to Government .code 854957(b)(1) 8.2 Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a) City of La Mirada v. SCAG; City oflrvine v. SCAG; and City of Palm dale v. SCAG ~; 9.0 ANNOUNCEMENTS 10.0 FUTURE AGENDA ITEMS Any committee member desiring to place item on a future agenda may make such a reque~t. 11.0 ADJOURNMENT The next meeting of the Regional Council will be held on November I, 2007 in downtown Los Angeles. ~ SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS iv PAGE # TIME #139745 vI - RC AGENDA OCT 4. 07 9/25/2007 10: 13 AM Daisen Itinerary Day 1. October 31 Wednesday 04:40pm- Arrive at Osaka-Kansai International Airport by UA885 06:00pm- Transfer to Osaka downtown by airport shuttle bus 07:45pm- Check-in a hotel in Osaka If you hope, we will take you for a walking tour, dinner and shopping in downtown Day 2. November 1 Thursday 07:00am- Breakfast at the hotel restaurant 07:45am- Hotel check-out and transfer to Bus terminal by taxi 08:20am- Leave Osaka for Daisen to take bus 12:00pm- Arrive at Mizoguchi bus stop, transfer to Daisen by mini bus Lunch at local restaurant 01 :20pm- Arrive at Daisen Town Hall and welcome reception (Speech & Gift exchange) Meet Mayor, Mr. Yamaguchi and staffs 02:40pm- Visit Nakayama Junior High School (NJHS) Meet students, Presentation and Campus tour 03:30pm- See the sights of Daisenji-Temple and the Kadowaki Family House, a 200 years old house 05:50pm- Arrive at Nakayama branch office 06:10pm- Meet host families and go home Day 3. November 2 Friday 08:00am- Meet at Nakayama branch office 08:10am- Full day excursion in Matsue and Yonago area by bus Visit Tottori-Hanakairo Flower Park, Adachi Museum(Japanese arts & Japanese garden) Matsue Castle and Horikawa Canal Cruise 05:50pm- Arrive at Nakayama branch office 06:00pm- Meet with the Daisen delegation who are visiting Temecula 06:20pm- Meet host families and go home Day 4. November 3 Saturday "National holiday/Culture day 09:30am- Nakayama Cultural Wai-Wai Festival 2007 1 O:OOam- Speech and introduction of Temecula delegation on the stage of the festival site Strolling variety of vendors such as fresh vegetables, foods, craft, BBQ etc... Volunteering to sell Temecula Dog and Temecula Chowder with Nakayama International Exchange Association (NIEA) members At the cultural sites and NJHS school festival 03:30pm- Meet host families and go home 06:00pm- Unveiling ceremony ofthe Temecula House sign board with NIEA members 06:15pm- Welcome party with NIEA members at Friendship House (Speech) Day 5. November 4 Sunday 09:30am- Meet at Nakayama Ground Golf Park Ground golf with seniors and host families 'about 2 hours 12:00pm- Free half day with host families 06:00pm- Friendship party at Oko farm/Japanese BBQ style (Speech and Gift exchange) 08:30pm- Go home with host families Day 6. November 5 Monday 09:00am- Meet at Nakayama branch Office Say goodbye to host families and friends, transfer to Daisen Town Hall by bus 09:30am- Drop in at Daisen Town Hall and say goodbye to Mayor, Mr.Yamaguchi and staffs 10: 15am- Visit Kotobuki candy factory and enjoy tasting! 11 :10am- Visit Jusco mall for shopping (snack and soft drink) 12:10pm- Leave Mizoguchi bus stop for Osaka to take bus 03:55pm- Arrive at Osaka and transfer to hotel by taxi 04:15pm- Check-in a hotel in Osaka If you hope, we will take you for a walking tour, dinner and shopping in downtown Day 7. November 6 Tuesday 07:00am- Breakfast at the hotel restaurant 07:50am- Full day excursion in Hiroshima by super bullet train 11 :20am- Arrive at Hiroshima and transfer to Miyajimaguchi by local train 11 :OOam- Depart for Miyajima Island by ferry 11 :35am- Visit Itsukushima Shrine and Pagoda in Miyajima island 'World Heritage Site Free for sightseeing, lunch and shopping 02:05pm- Depart for Hiroshima downtown by ferry and tram 03:40pm- Visit Peace Memorial Park and Atomic Bomb Museum 'World Heritage Site 06:00pm- Arrive at JR Hirosima station and dinner at local food restaurant 07:00pm- Depart for Osaka by super bullet train 08:50pm- Arrive at the hotel Day 8. November 7 Wednesday 07:00am- Breakfast at the hotel restaurant 07:50am- Full day excursion in Kyoto by train and local bus 10:15am- Arrive at Kyoto downtown and take local bus to Tofukuji-Temple Enjoy walking through Tsutenkyo Bridge, Kaizando and Hojo garden 12:30pm- Visit Nishiki-Ichiba Food Market for exploring and lunch in Kawara- machi 'Nishiki Market: Better known as the "kitchen" of the ancient capital of Kyoto, This market is comprised of some 140 shops standing side by side on both sides of 400 meter lane 02:30pm- Head for Kinkakuji-Temple by local bus 'Kinkakuji is the temple of the golden pavilion: World Heritage Site 04:25pm- Transfer to downtown Kyoto by local bus 05:00pm- Stroll and shop around and dinner in downtown Kyoto 08:00pm- Arrive at the hotel Day 9. November 8 Thursday 07:20am- Full day excursion in Kyoto by train and classic tram 09:20am- Arrive at Sagano tram station *With breakfast box 09:45am- Depart for Kameoka Valley Scenic Railway by tram and local bus 11 :OOam- Enjoy Hozukawa Rapid River Ride (1.5h) and glorious fall colors at Kameoka Valley 12:40pm- Arrive at Togetsu Bridge Free for lunch and Rikisya ride in Arashiyama Walk through Saga no Bamboo Grove to Tenryuji-Temple (World Heritage Site) and shopping *The area can be easily enjoyed on foot or bicycle, offering a superb walking experience 05:00pm- Transfer to Gion by classic tram and local bus 06:00pm- Dinner at Gion, Okumura morden Japanese-French restaurant *Not include drinks 08:45pm- Transfer to Osaka by train 09:30pm- Arrive at the hotel Day 10. November 9 Friday , 08:00am- Breakfast at the hotel restaurant 10:00am- Hotel check-out and free for last minutes' shopping and lunch If you hope, we will take you for shopping and lunch in downtown Osaka 02:25pm- Leave Umeda for Osaka-Kansai International Airport by airport shuttle bus 04:00pm- Airline check-in 06:55pm- Depart for San Francisco by UA886