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Home My WebLink About121107 CC Agenda Flag Salute: Mayor Pro Tem Naggar ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTA TIONS/PROCLAMA TIONS Temecula Vallev Soccer Association Dav Proclamation for Coach Bud Kane 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 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 November 6, 2007. 2 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 Financial Statements for the Three Months Ended September 30. 2007 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the three months ended September 30, 2007. 5 Citv Treasurer's Report as of October 31. 2007 RECOMMENDATION: 5.1 Approve and file the City Treasurer's Report as of October 31, 2007. 6 Citv of Temecula Proposed Certificates of Participation - Desiqnation of Consultants RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED EXECUTION AND DELIVERY OF CERTIFICATES OF PARTICIPATION TO FINANCE A PORTION OF THE CONSTRUCTION OF A NEW CIVIC CENTER FACILITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 7 Extension of Contract for Union Bank Bankinq Services RECOMMENDATION: 7.1 Approve a five-year extension of the City's contract for banking services with Union Bank of California, NA; 7.2 Authorize the City Manager and City Attorney to execute all necessary agreements. 8 FY 2007-08 Communitv Service Fundinq Proqram Grant Recommendation to Music Heritaqe. Inc. 3 RECOMMENDATION: 8.1 Approve the FY 2007-08 Community Service Funding Program grant recommendation to Music Heritage, Inc. in the amount of $4,000. 9 Purchase of Police Motorcvcles RECOMMENDATION: 9.1 Approve the purchase of one (1) Harley-Davidson FLHP W/ABS from Quaid Harley- Davidson in the amount of $21 ,920.99; one (1) BMW R1200 RT-P from BMW Motorcycles of North County in the amount of $23,695.73; and, one (1) Honda ST 1300 P from Callaway Motorsports in the amount of $24,177.91. 10 Aqreement for Consultinq Services between the Citv of Temecula and Plan Net Consultinq for the Old Town Civic Center IS Master Plan RECOMMENDATION: 10.1 Award a contract with Plan Net Consulting for IS master planning services in the amount of $144,795.00 and authorize the Mayor to execute the contract; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $14,479.50, which is equal to 10% of the contract amount. 11 Second Amendment to the Professional Services Aqreement with LGC Inland. Inc. for Geotechnical and Material Testinq Services - Verizon Fiber Optic Proiect RECOMMENDATION: 11 .1 Approve the Second Amendment to the Professional Services Agreement with LGC Inland, Inc. in an amount not to exceed $68,000.00 to provide 16 hours per week of geotechnical & material testing services for the Verizon Fiber Optic Project through June 30, 2008, and authorize the Mayor to execute the Amendment to the Agreement; 11.2 Approve an appropriation of $43,000.00 to the General Fund Land Development Department Budget. 12 Parcel Map No. 30169 - Vernaccia Vinevards RECOMMENDATION: 12.1 Approve Parcel Map No. 30169 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement; 4 12.3 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. 13 Eiqhth Amendment to the Consultinq Aqreement with Moffat & Nichol Enqineers for French Vallev Parkwavllnterstate 15 Overcrossinq and Interchanqe Improvements - Proiect No. PW02-11 RECOMMENDATION: 13.1 Approve the Eighth Amendment to the consulting agreement with Moffatt & Nichol Engineers in an amount not to exceed $1,087,300.00 for additional services necessary to provide Utility Support and Potholing for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11; and authorize the Mayor to execute the amendment to the agreement; 13.2 Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount which is increased by $108,730.00, which is equal to 10% of the eighth amendment amount. 14 Authorize Temporarv Street Closures for Santa's Electric Liqht Parade on December 14. 2007. and deleqate authoritv to issue Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR SANTA'S ELECTRIC LIGHT PARADE ON DECEMBER 14, 2007 (RESCHEDULED), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. 15 Construction of a Reclaimed Water Line on Pechanqa Parkwav to serve the Pechanqa Resort and Casino - at the request of Mavor Pro Tem Naqqar RECOMMENDATION 15.1 Receive and file this report. 16 Support WRCOG's Efforts to Facilitate Electrical Rate Restructurinq for the WRCOG Subreqion (at the Request of Mavor Washinqton) RECOMMENDATION: 5 16.1 Adopt a resolution entitled: RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING WESTERN RIVERSIDE COUNCIL OF GOVERNMENT'S (WRCOG'S) EFFORTS TO FACILITATE ELECTRICAL RATE RESTRUCTURING FOR THE WRCOG SUBREGION WITH THE DEVELOPMENT OF A COUNTER PROPOSAL TO SOUTHERN CALIFORNIA EDISON (SCE) AND/OR LEGISLATIVE CHANGES NEEDED TO ACHIEVE AN EQUITABLE SOLUTION 17 Declaration of Emerqencv for Drainaqe Channel behind Temecula Communitv Recreation Center due to Floodinq. RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 07- 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 NO. 2.56 OF THE TEMECULA MUNICIPAL CODE 18 Second Readinq of Ordinance No. 07-18 RECOMMENDATION: 18.1 Adopt an Ordinance entitled: ORDINANCE NO. 07-18 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) 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 6 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 19 Minutes RECOMMENDATION: 19.1 Approve the minutes of November 27, 2007. 20 Financial Statements for the Three Months Ended September 30. 2007 RECOMMENDATION: 20.1 Receive and file the Financial Statements for the three months ended September 30, 2007; 20.2 Approve an increase of $25,000 for donations in the Parks & Recreation Fund; 20.3 Approve an appropriation of $25,000 for rehabilitation in the Parks & Recreation Fund. 21 Food. Beveraqe and Alcohol Beveraqe Sales Aqreement with Sherrv Berrv Music RECOMMENDATION: 21.1 Approve in substantial form an agreement with Sherry Berry Music to provide food, beverage and alcoholic beverage sales at the Old Town Temecula Community Theater. 22 Professional Services Aqreement with RJM Desiqn Group for Plans and Specifications for the Redhawk Parks Improvement Project - Phase 1 RECOMMENDATION: 22.1 Approve a professional services agreement, in its substantial form, in the amount of $164,574 with RJM Design Group for design development and completion of Plans and Specifications for the Redhawk Parks Improvement Project - Phase I; 22.2 Authorize the General Manager to approve additional work not to exceed $16,457 which is equal to 10% of the agreement amount; 22.3 Find that the proposed improvements are exempt from the provisions of California Environmental Quality Act because they are categorically exempt under the Class 1 Categorical Exemption, Existing Facilities (14 Cal. Code Regs. 315301), Class 2 Categorical Exemption, Replacement or Reconstruction (14 Cal. Code Regs. 7 315302), and direct the City Manager to file a Notice of Exemption as required by law; 22.4 Authorize the preparation of construction documents and release a formal public bid for the Redhawk Parks Improvement Project - Phase I. 23 Mitiqated Neqative Declaration for Ronald Reaqan Desiltinq Basin Project - Project No. PW05-13 RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE RONALD REAGAN SPORTS PARK DESIL TING BASIN PROJECT (PW05-13) AND APPROVING THE PROJECT CSD PUBLIC HEARING Any person may submit written comments to the Community Services District 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 Service Level C Election Public Hearinq RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CALLING A SPECIAL MAIL BALLOT ELECTION FOR MARCH 4, 2008 TO SUBMIT A PROPOSED INCREASE TO THE RATES AND CHARGES FOR SERVICE LEVEL C TO OWNERS OF REAL PROPERTY SUBJECT TO THE PROPOSED INCREASE, APPROVING A REPORT ON THE PROPOSED INCREASE AND ADOPTING PROCEDURES FOR THE CONDUCT OF THE ELECTION. 24.2 Approve the Notice of Election, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots; 24.3 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. 8 CSD BUSINESS 25 Appointment of President and Vice President of the Communitv Services District for Calendar Year 2008 RECOMMENDATION: 25.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2008, to preside until the end of Calendar Year 2008; 25.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2008, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2008. 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. 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 26 Minutes RECOMMENDATION: 26.1 Approve the minutes of November 27, 2007. g 27 Financial Statements for the Three Months Ended September 30. 2007 RECOMMENDATION: 27.1 Receive and file the Financial Statements for the three months ended September 30, 2007. RDA BUSINESS 28 Appointment of Chairperson and Vice Chairperson of the Redevelopment Aqencv for Calendar Year 2008 RECOMMENDATION: 28.1 Entertain motions from the Agency Members to appoint the Chairperson to preside, effective January 1, 2008, until the end of Calendar Year 2008; 28.2 Entertain motions from the Agency Members to appoint the Vice Chairperson, effective January 1, 2008, who will assume the duties of the Chairperson in the Chairperson's absence, and hold this office until the end of Calendar Year 2008. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in 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 29 AB 1600 Financial Reports RECOMMENDATION: 29.1 Approve the AB 1600 Financial Reports. 30 Amendment of the California Buildinq Codes RECOMMENDATION: 30.1 Adopt an resolution entitled: 10 RESOLUTION NO 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2007 CALIFORNIA BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS 30.2 Second reading and adoption of the ordinance introduced November 6, 2007 entitled: ORDINANCE NO. 07-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE 30.3 Reading and adoption of the urgency ordinance entitled: ORDINANCE NO. 07- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF CITY COUNCIL BUSINESS 31 Appointment of Mavor and Mavor Pro Tem for Calendar Year 2008 RECOMMENDATION: 31.1 Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2008, to the end of Calendar Year 2008; 31.2 Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2008, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of Calendar Year 2008. 11 32 Amendment of Temecula Redevelopment Plan No. 1-1988 Repealinq the Redevelopment Plan's Time Limit on the Establishment of Loans. Advances and Indebtedness to Finance the Redevelopment Plan RECOMMENDATION: 32.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE TEMECULA REDEVELOPMENT PLAN 1-1988 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 TO REPEAL THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES, AND INDEBTEDNESS 33 Ordinance Confirminq that the Temecula Redevelopment Aqencv has no Eminent Domain Authoritv RECOMMENDATION: 33.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AS REQUIRED BY SB 53, CONFIRMING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES NOT HAVE THE AUTHORITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN DEPARTMENTAL REPORTS 34 Citv Council Travel/Conference Report - November 2007 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, January 8, 2008, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 12 PROCLAMA TIONS AND PRESENTATIONS ~ ~~ ~~ ~~ ~ ~~ otJ uC ~~ ~ ~ 8 .g: ] ~ '0 E- ()........ ~ rfJ rfJ t:.; ~ ~M ~ .~ .~ 8 ~ ,..q~ d ~ ~ 0) " ~ E &:j .0 .0 i3 ro ~.~ '[ ~ ~ ~ ] (l):X: '" [g ',p :tJ s :;:lo Cl) 0 (l) 0 (l) 6~ JJ 'cg ~ .& t aoj 0 ~ 1! 0 0'" S Q] C +-' ~] 8 ~ ~v B ..... t;3(l)ojo. ~ '" t'-- U "'.O"d o"d 0 (l) 0\>",,.., (l) 0) 0 .Fj ........ ;.>.......... ;;> ;~ N ........ ~o"'oj oj ~ ~ .,.., ~ 1l -B ..<:1 9 '0 ~ 0 ""'d ""'d........;:j rfJ 0 !-. ~v :-;::::: (l)g~o ~ t;j (l)P-,Q ]",@~ ~ -B stl@ c8~oj5 ~ (l) ~8.8 "'>.g.... .:g 9 OCZl>. ~(l)~c8 0 I!J z~:~ ;>..<:10", >. 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"3 v u..::: v +'" aib ~ g Vll -;S+'" ..::: 00 .t:: 1:: ~~ 00 ..3 ::: 00 v 00 a:.a v :> 0 v +'" :E 1) ~ ~ . ;g ~ ~ o 5'n..3 ~ c.S a"O " 8.;!l :::..:::..::: 00 +'" ::: :.a.~ .; 00 a'S] "0 v v 8 5-;S :>- 'E:o";j v :> a a .8 1) :E .::: r:n 1) 1) ~ <-< 8'~ 00 " ~ :E~1) :::..::: ~ o ~ ""d v 0 ::: 8 U '" ~vc ""d ~.S ;:::$.u ;:::$ 0:1 ~ a ..::: 0. a () g. 0 '" u o v v u~-;S v ] a ,8 " ~ :g ~ 1) 0 50 ~::>g :=:";j,.o 8 -B .,@ v 0 ~ ~ &: 8 >'0 a ~ '" ~ - v" . ~ " r-- o v 0 " a 0 " v N (\) ~ I-<~ ~ ~ V V 0..D ~ 0 ~ >..-." 0_", ~"'"O ~V-5 ~"'" ~ v v -5 >- v "0 - v v '" ~ ~ "'''~ ~ '" ~ z""O ~]~ ~ "'.- t::: 11 '" 1::i1!1l ~ o ~ ~ " o ~ ~ '" ~ "'" " i! u ~ v o o iJ ~" ~" v " o '"' ~ g "l '" CONSENT CALENDAR ITEM NO.1 ITEM NO.2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 6, 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, November 6, 2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Naggar, and Mayor Washington Absent: Council Members: Roberts. PRELUDE MUSIC The prelude music was provided by Justin Markowitz. INVOCATION The invocation was provided by Pastor Gary Nelson of Calvary Chapel of Temecula. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Comerchero. PRESENTA TIONS/PROCLAMA TIONS International Geoqraphic Information Svstems (GIS) Dav Thanking Mayor Washington for proclaiming November 14, 2007, to be International Geographic Information Systems (G/S) Day, library representatives Ms. Rosie Vanderhaak, Ms. Syliva Weck, Ms. Dawn Wasley, Ms. Sheri Martinez, and Director of Information Systems Thorson thanked the City Council for the recognition. Eiqhth Annual Communitv Candleliqht Proclamation In remembrance of those Loved and Lost, Mayor Washington proclaimed December 1, 2007, to be The Eighth Annual Community Candlelight Tribute Day Remembering Those We've Loved and Lost. Chaplain Deknatel and community volunteers Ms. Karen Harkey, Ms. Kathy Strickland, Ms. Janene Hogan, and Ms. Linda Mejia thanked the City Council for the recognition and encouraged the community to attend the event at the Promenade Mall on Saturday, December 1, 2007, at 5:00 p.m. Familv Niqht in Temecula 2007-2008 Proclamation Reaffirming the importance of families as a vital source of strength, confidence, and compassion for all citizens, Mayor Washington proclaimed Monday, November 19, 2007 and 2008 to be Family Night in Temecula. Thanking the City Council for its recognition, representatives of the Temecu/a Interfaith Council accepted the proclamation. R\Minutes\110607 PUBLIC COMMENT A. Representing the spirit of Great Oak Band and Color Guard, Ms. Marsi Yount, Temecula, invited the public to attend its Benefit Concert titled Band Together benefiting the Fire Victims Relief Fund to be held on Tuesday, November 13, 2007, from 7:00 p.m. to 9:00 p.m. at Great Oak High School. B. Mr. Larry Slusser, representing the Church of Jesus Christ of Latter Day Saints, Temecula, invited the public to attend its Community Creche Festival - Nativity Exhibit to be held on December 7th and 8th from 5:00 p.m. - 9:00 p.m. at 32374 Pauba Road, Temecula. CITY COUNCIL REPORTS A. Mayor Pro Tem Naggar thanked the fire fighters for their efforts with the recent fires, noting that the City hosted three evacuation centers within the City and requested that a formal recognition be scheduled and hosted by the City to express appreciation to all those that offered assistance. Mayor Pro Tem Naggar also requested that the Community Services Department explore ways to incorporate recycling opportunities at apartment complexes within the City. Commenting on the growth of the Wolf Creek area, Mayor Pro Tem Naggar relayed that it would be his opinion that a substation police storefront should be added to the community and requested that the City Manager explore this opportunity. B. Council Member Edwards also thanked residents and officials for their efforts with respect to the recent fires. Referencing Megan's Law, Council Member Edwards requested, with the City Council's consent and for the Council's consideration, that an Ordinance be drafted with respect to sex offenders in the City. C. Commenting on a local television ad with Mayor Washington and Council Member Edwards cutting a ribbon at Great Oak Boys and Girls Club, Mayor Washington confirmed that intent of this ad was not to endorse Pechanga Casino. Echoing comments made with respect to recent fires, Mayor Washington also thanked fire fighters, local merchants, police, residents, and City staff for their dedication to the community and generous donations made for displaced residents. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R\Minutes\110607 2 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of October 9, 2007. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07 -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of September 30. 2007 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of September 30, 2007. 5 Authorization to Execute the Supplemental Aqreement for fiscal vear 2007-08 for the use of Communitv Development Block Grant (CDBG) funds RECOMMENDATION: 5.1 Authorize the Mayor to execute the Supplemental Agreement for fiscal year 2007-08 for the use of Community Development Block Grant (CDBG) funds. 6 Appropriation of Emerqencv and Disaster Relief Expenditures due to the Southern California Firestorms RECOMMENDATION: 6.1 Pursuant to Temecula Municipal Code Section 2.56.090.B., the Council has reviewed the necessity for continuing the local emergency and determines that it should continue at least until its next regular City Council Meeting of November 27, 2007; 6.2 Appropriate $90,000 from General Fund Unreserved Fund Balance to cover anticipated emergency and disaster relief expenditures. 7 Microsoft Software Licenses - Annual Renewal RECOMMENDATION: 7.1 Authorize the annual purchase of Microsoft Client Access Licenses (CAL), Windows Server 2003, and SQL database 2005 Software from CompuCom Systems, Inc. for $67,773.65. R\Minutes\110607 3 8 Enqineerinq/Maintenance Facilitv Computer Equipment Purchase RECOMMENDATION: 8.1 Authorize the purchase of Hewlett Packard (HP) computer equipment for the total amount of $11 ,985.30, which includes shipping and applicable sales tax. 9 First Amendment to the Aqreement for Consultant Services between the Citv of Temecula and Environmental Science Associates for the Preparation of a Supplemental Environmental Impact Report for the Temecula Reqional Hospital Project RECOMMENDATION: 9.1 Approve an amended contract with Environmental Science Associates (ESA) to prepare a Supplemental Environmental Impact Report (SEIR) for the Temecula Regional Hospital project in the amount of $24,000. 10 First Amendment to the Aqreement for Consultant Services between the Citv of Temecula and Linscott. Law & Greenspan. enqineers for the Preparation of Traffic Studv Services for a Supplemental Environmental Impact Report for the Temecula Reqional Hospital Project RECOMMENDATION: 10.1 Approve an amended contract with Linscott, Law & Greenspan, engineers (LLG) for the preparation of traffic study services for a Supplemental Environmental Impact Report for the Temecula Regional Hospital project. 11 Authorize Temporarv Street Closures for Santa's Electric Liqht Parade on November 30. 2007 and deleqate authoritv to issue Special Events/Street Closures Permit to the Director of Public Works RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 07 -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR SANTA'S ELECTRIC LIGHT PARADE ON NOVEMBER 30,2007, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES R\Minutes\110607 4 12 Parcel Map No. 35039 (located on the north side of Santiaqo Road at the intersection of Santiaqo Road and John Warner Road) RECOMMENDATION: 12.1 Approve Parcel Map NO.35309 in conformance with the Conditions of Approval; 12.2 Approve the Subdivision Improvement Agreement and accept the Bonds as security for the agreement; 12.3 Approve the Subdivision Monument Agreement and accept the Bond as security for the agreement. (Mayor Pro Tem Naggar noted his abstention with regard to this matter.) 13 Parkinq Restriction - Via La Colorado. Via Perales. Corte Oaxaca. and Kohinoor Wav RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 07 -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A TIME LIMITED PARKING RESTRICTION ON VIA LA COLORADA FROM DEER HOLLOW WAY TO CAMINO SAN DIMAS, VIA PERALES FROM VIA LA COLORADA TO DEER HOLLOW WAY, CORTE OAXACA FROM VIA PERALES TO END, AND KOHINOOR WAY FROM PEACH TREE STREET TO END, BETWEEN THE HOURS OF 9 A.M. AND 12 P.M., MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS AS SHOWN ON EXHIBIT A 14 Sixth Amendment for Consultant Services for French Vallev Parkwavllnterstate 15 Overcrossinq and Interchanqe Improvements - Project No. PW02-11 RECOMMENDATION: 14.1 Approve the Sixth Amendment to the consultant agreement with Moffatt & Nichol Engineers in an amount not to exceed $110,917.00 for additional services necessary to complete the Project Report and Environmental Document for the French Valley Parkway I Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11; 14.2 Authorize the Mayor to execute the amendment to the agreement. R\Minutes\110607 5 15 Second Readinq of Ordinance No. 07-15 RECOMMENDATION: 15.1 Adopt 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) For the record, the City Council confirmed that it would have no conflicts of interest with respect to Consent Calendar Item NO.5. MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Mayor Pro Tem Naggar who abstained on Item No. 12 and Council Member Roberts who was absent. At 7:38 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 9:29 p.m., the City Council resumed with regular business. CITY COUNCIL BUSINESS 20 Amendment of the California Fire Code RECOMMENDATION: 20.1 Set the public hearing for consideration of the Fire Code Ordinance for November 27, 2007 and direct the City Clerk to publish notice as required by law; 20.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA FIRE CODE REGULATION TITLE 24 PART 9 AND THE 2006 INTERNATIONAL FIRE CODE, ALONG WITH AMENDMENTS TO EACH CODE R\Minutes\110607 6 Chief Patterson gave a brief staff report (of record). Because of the State Law process, City Attorney Thorson emphasized that the adoption of the proposed Ordinance would be reversed from the normal adoption process. City Clerk Jones noted that there were no requests to speak. At this time, City Attorney Thorson introduced and read by title only Ordinance 07-16. MOTION: Mayor Pro Tem Naggar moved to approve the setting of the public hearing and the introduction of Ordinance No. 07-16. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. 21 Adoption of the 2007 California Buildinq Codes RECOMMENDATION: 21.1 Set the public hearing for consideration of the Building Code Ordinance for November 27, 2007 and direct the City Clerk to publish notice as required by law; 21.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.04 OF THE TEMECULA MUNICIPAL CODE TO ADOPT BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY CODE Director of Building and Safety Harold provided at staff report (of written record). At this time, City Attorney Thorson introduced and read by title only Ordinance 07-17. MOTION: Mayor Pro Tem Naggar moved to approve the setting of the public hearing and the introduction of Ordinance No. 07-17. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. 22 Communitv Services Commission Appointments RECOMMENDATION: 22.1 Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2010. R\Minutes\110607 7 City Clerk Jones provided a staff report (of record). MOTION: Mayor Pro Tem Naggar moved to appoint Michael McCracken and to re-appoint Felicia Hogan to serve a full three-year term. Council Member Edwards seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. Council Member Comerchero commended Commissioner Henz who has served for many years as a Community Services Commissioner. Council Member Edwards also commended Commissioner Henz for his many years of service to the City. 23 Public/Traffic Safetv Commission Appointments RECOMMENDATION: 23.1 Appoint two applicants to serve full three-year terms on the Public/Traffic Safety Commission through October 10, 2010. City Clerk Jones provided a brief staff report (of record). MOTION: Mayor Washington moved to appoint Christopher Curran and to re-appoint Tomi Arbogast. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. 24 Establishment and Appointment of Ad-Hoc Subcommittee-External Communications (at the request of Council Member Comerchero) RECOMMENDATION: 24.1 Establish an ad-hoc subcommittee to review and pursue the most effective means of delivering to Temecula's residents, the most relevant news and programming through television, radio and any other means available; 24.2 Appoint two (2) Council Members to serve on this ad-hoc subcommittee. Council Member Comerchero provided a brief staff report (of written record). Council Member Edwards stated that she would be willing to partake on this ad-hoc subcommittee. Ms. Cyrene Jagger, representing KA TY, informed the Council Members of the type of radio coverage provided by KA TY during this emergency situation and as well requested more local television coverage. The City Council reiterated the importance of adequate radio and television coverage during emergency situations. It was the consensus of the City Council to extend the meeting to 10:15 p.m. R\Minutes\110607 8 B. Commending the City on its efforts with respect to recent fires, Ms. Gina Diamante, representing KZSW, Temecula, extended assistance to the City in helping to pursue the issue of delivering the most effective news coverage during emergency situations and advised that in the near future, KZSW in conjunction with Time Warner, will be available on Video on Demand. MOTION: Mayor Pro Tem Naggar moved to appoint Council Members Comerchero and Edwards to the External Communications Subcommittee. Mayor Washington seconded the motion and electronic vote reflected approval with the exception of Council Member Roberts who was absent. CITY MANAGER REPORT Thanking the Fire Department, Police Department, and City staff for its efforts with respect to recent fires, City Manager Nelson gave a special thanks to Deputy City Manager Yates for his outstanding work in the Emergency Operation Center (EOC). Mayor Washington referenced the importance of honoring all who were involved in helping with the recent fires. Mayor Washington also requested that the Reverse 911 System be perfected. Referencing the Reverse 911 System, Council Member Edwards requested that the City work in conjunction with the City of Murrieta. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson advised that there was no formal action to report. ADJOURNMENT At 10:10 p.m. the City Council 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. Chuck Washington, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R\Minutes\110607 g ITEM NO.3 Approvals City Attorney Director of Finance City Manager UU~i ~I !r~ I' ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 11,2007 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 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 No. 07- 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 $5,636,068.88. 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 11th day of December, 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 11 th day of December, 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 11/15/2007 TOTAL CHECK RUN: $ 1,791,122.90 11/29/2007 TOTAL CHECK RUN: 2,869,718.23 11/15/2007 TOTAL PAYROLL RUN: 498,151.28 11/29/2007 TOTAL PAYROLL RUN: 477,076.47 TOTAL LIST OF DEMANDS FOR 12/11/2007 COUNCIL MEETING: $ 5,636,068.88 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 2,948,623.44 120 DEVELOPMENT IMPACT FUND 99,794.75 165 RDA LOWiMOD - 20% SET ASIDE 512,250.87 190 TEMECULA COMMUNITY SERVICES DISTRICT 363,027.92 192 TCSD SERVICE LEVEL B 63,867.42 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 104,138.73 194 TCSD SERVICE LEVEL D 1,408.22 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 15,994.13 197 TEMECULA LIBRARY FUND 1,982.88 210 CAPITAL IMPROVEMENT PROJECTS FUND 403,802.72 280 REDEVELOPMENT AGENCY - CIP PROJECT 30,654.46 300 INSURANCE FUND 4,539.27 320 INFORMATION SYSTEMS 67,924.26 330 SUPPORT SERVICES 21,660.64 340 FACILITIES 11,901.42 477 CFD- RORIPAUGH 9,270.00 $ 4,660,841.13 001 GENERAL FUND $ 645,593.99 165 RDA LOWiMOD - 20% SET ASIDE 11,239.96 190 TEMECULA COMMUNITY SERVICES DISTRICT 214,407.1 0 192 TCSD SERVICE LEVEL B 242.16 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 1 0,406.52 194 TCSD SERVICE LEVEL D 1,572.60 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 965.96 197 TEMECULA LIBRARY FUND 646.96 210 CAPITAL IMPROVEMENT PROJECTS FUND 91.13 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,884.31 300 INSURANCE FUND 2,466.06 320 INFORMATION SYSTEMS 58,117.34 330 SUPPORT SERVICES 7,254.62 340 FACILITIES 15,339.04 975,227.75 TOTAL BY FUND: $ 5,636,068.88 apChkLst Final Check List Page: 1 11/1512007 5:38:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 960 11/15/2007 000444 INSTATAX (EDD) State Disability Ins Payment 22,707.34 22,707.34 961 11/15/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 90,825.68 90,825.68 962 11/15/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,824.46 20,824.46 SOLUTION 963 11/15/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 122,244.88 122,244.88 RETIREMENT) 964 11/15/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 4,474.08 4,474.08 NATIONWIDE RETIREMENT 119822 11/15/2007 000745 AT & T MOBILITY Oct Cellular phone svcs:City Mgr 190.43 190.43 119823 11/15/2007 004973 ABACHERLI, L1NDI TCSD instructor earnings 880.00 880.00 119824 11/15/2007 000733 ABBEY PARTY RENTS equip rental:Old Town event 10/6 125.10 equip rental:Old Town event 10/6 85.00 210.10 119825 11/15/2007 008552 ADKINS DESIGN CONSULTING Oct graphic design svcs:Theater 2,322.11 2,322.11 119826 11/15/2007 008698 ADVANCED APPLIED Sept City signing/striping svc:PW 3,241.50 3,241.50 ENGINEERING 119827 11/15/2007 009996 AGUILERA, GENE periormances:Harveston concerts 240.00 240.00 119828 11/15/2007 000101 APPLE ON E INC temp help ppe 10/27 Ortiz, V 710.00 710.00 119829 11/15/2007 011537 AVILA INC. refund: planning app withdraw 769.50 769.50 119830 11/15/2007 000475 B N I PUBLICATIONS INC electrical code books: B&S 331.75 331.75 119831 11/15/2007 009597 BALL, DIANE employee computer loan prgm 1,503.74 1,503.74 119832 11/15/2007 002377 BEST BUY COMPANY INC Computer Purchase:Amezcua, M 2,000.00 2,000.00 119833 11/15/2007 004040 BIG FOOT GRAPHICS TCSD instructor earnings 262.50 262.50 Page:1 apChkLst Final Check List Page: 2 11/1512007 5:38:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119834 11/15/2007 010770 BROWN, DEBBIE Reimb:CMRTA Sem:10/17-18:RVSD 448.08 448.08 119835 11/15/2007 002363 CCPOA CCPOA Cant: 9/5-7:Sgt Adams 255.00 255.00 119836 11/15/2007 003138 CAL MAT PW patch truck materials 636.48 PW patch truck materials 374.80 PW patch truck materials 326.91 PW patch truck materials 262.26 1,600.45 119837 11/15/2007 005384 CALIF BAGEL BAKERY & DELI Rfrshmnts:Sister City event 10/3 942.81 942.81 119838 11/15/2007 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 119839 11/15/2007 000413 CALIF DEPT OF FISH & GAME permit fee:RRSP desiltation 2,250.00 2,250.00 119840 11/15/2007 000413 CALIF DEPT OF FISH & GAME regulatory fee:RRSP desiltation 1,800.00 1,800.00 119841 11/15/2007 004248 CALIF DEPT OF JUSTICE- Aug Fingerprinting Svc: Police 32.00 32.00 ACCTING 119842 11/15/2007 006768 CALIF REGIONAL WATER Reagan Pk channel silt removal PW05-13 11,852.00 11,852.00 QUALITY 119843 11/15/2007 004228 CAMERON WELDING SUPPLY Sept helium tanks rental/refill:TCSD 41.72 41.72 119844 11/15/2007 010434 CATERERS CAFE rirshmnts:rhsal/public mtg 11/5 86.62 rfrshmnts:mall mtg CC/PC 11/8 83.50 170.12 119845 11/15/2007 009640 CERTIFION CORPORATION Oct Investigative Dbase:Police 167.90 167.90 119846 11/15/2007 000137 CHEVRON USA INC City vehicles fuel: Police 973.31 City vehicles fuel: CM & Police 234.08 1,207.39 119847 11/15/2007 005385 CLARK TRAINING CENTER Radar/Lidar Trn 1213-5:Grip/Dickey 194.00 DUI Trn 12/10-12 Rside:Dep Woodland 96.00 290.00 119848 11/15/2007 011210 COLLINS, ELSA refund: Palm Springs excursion 11/8 30.00 30.00 119849 11/15/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05 Page2 apChkLst Final Check List Page: 3 11/1512007 5:38:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119850 11/15/2007 001264 COSTCO WHOLESALE office equip: Fire Prevention 163.86 misc supplies:Theater hospitality 71.75 refreshments:Firefighters 10/24 71.28 credit:Fire employee paid cash -2.00 304.89 119851 11/15/2007 010650 CRAFTSMEN PLUMBING & HVAC plumbing repair: Stn 73 241.16 241.16 INC 119852 11/15/2007 011538 D & S SIGNS refund: electrical fees 55.10 55.10 119853 11/15/2007 003945 DIAMOND ENVIRONMENTAL Nov park toilet svc:Vail Ranch 57.98 SRVCS Nov park toilet svc:Riverton 57.98 Nov park toilet svc:Redhawk 57.98 Nov park toilet svc:Veterans 57.98 Nov park toilet svc:Long Canyon 57.98 289.90 119854 11/15/2007 011533 DIAZ INDUSTRIAL PROPERTY refund:grading 28071 Diaz Road 995.00 995.00 119855 11/15/2007 002701 DIVERSIFIED RISK Oct special events premiums 3,300.41 3,300.41 119856 11/15/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: Police 107.50 INC Fuel for City vehicles: TV Museum 97.02 Fuel for City vehicles: B&S 23.20 227.72 119857 11/15/2007 001669 DUNN EDWARDS CORPORATION grafitti removal supplies:PW 30.14 30.14 119858 11/15/2007 005880 EDGE DEVELOPMENT INC. refund:grading 27368 Via Industria 995.00 995.00 119859 11/15/2007 004829 ELLISON WILSON ADVOCACY Nov state lobbying svcs: CM 3,500.00 3,500.00 LLC 119860 11/15/2007 001056 EXCEL LANDSCAPE Oct Idscp svc:South slope areas 43,066.22 Oct Idscp svcNorth slope areas 29,372.80 irrigation repair:Rancho Highllands 465.55 irrigation repair:Sports Park 260.93 irrigation repair: Mgita medians 121.14 73,286.64 119861 11/15/2007 009953 FEDERAL CLEANING Nov cleaning svc:Police Mall Stft 410.00 410.00 CONTRACTORS 119862 11/15/2007 000165 FEDERAL EXPRESS INC 10/10-19 express mail svc:Citywide 321.68 321.68 119863 11/15/2007 010804 FEHR & PEERS ASSOCIATES Sept Old Town pkg study:RDA 1,158.32 1,158.32 Page:3 apChkLst Final Check List Page: 4 11/1512007 5:38:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119864 11/15/2007 000166 FIRST AMERICAN TITLE lot book rpt:31122 Mira Loma Dr 75.00 75.00 COMPANY 119865 11/15/2007 004074 FRANCHISE MGMT SERVICES Recreation Supplies: TCSD 16.45 16.45 INC 119866 11/15/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 119867 11/15/2007 010326 G E 10NICS INC Oct equip maint: Stn 73 52.00 Oct equip rental: Stn 73 23.71 75.71 119868 11/15/2007 011204 GERMAN, JUANITA M. TCSD Instructor Earnings 252.00 TCSD Instructor Earnings 199.50 TCSD Instructor Earnings 79.80 TCSD Instructor Earnings 79.80 611.10 119869 11/15/2007 009094 GLEN EAGLES CORPORATION, Res impr pgrm:Bosetti, Max/Agnes 3,000.00 3,000.00 THE 119870 11/15/2007 005947 GOLDEN STATE OVERNIGHT 10/18-25 express mail svc:Fire Prey 24.84 24.84 119871 11/15/2007 003792 GRAINGER misc stage supplies: Theater 49.42 49.42 119872 11/15/2007 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 157.50 CLUB TCSD instructor earnings 50.40 TCSD instructor earnings 42.00 TCSD instructor earnings 38.50 TCSD instructor earnings 28.00 316.40 119873 11/15/2007 011545 HADASSAH,SHOSHANAH deposit refund/Nancy Linder Sings Brdwy 628.75 628.75 119874 11/15/2007 000378 HAFELI, THOMAS reimb: router purchased A.Adams 92.64 92.64 119875 11/15/2007 000186 HANKS HARDWARE INC Hardware supplies:TCSD 1,212.12 Hardware supplies:TV Museum 8.04 1,220.16 119876 11/15/2007 001135 HEALTH POINTE MEDICAL Employee physicals: HR 25.00 25.00 GROUP INC 119877 11/15/2007 007792 HINTON, BEVERLY L. TCSD instructor earnings 165.20 165.20 119878 11/15/2007 010550 HOME DEPOT, THE Hardware supplies: Theater 90.42 90.42 Page:4 apChkLst Final Check List Page: 5 11/1512007 5:38:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119879 11/15/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 12,750.23 12,750.23 303355 119880 11/15/2007 003296 INTL CODE COUNCIL 2006 IBC books/tabs: B&S 329.91 329.91 119881 11/15/2007 010119 IRS-OIC Sup Pmt Offer #1 000497587 452379267 140.11 140.11 119882 11/15/2007 001186 IRWIN, JOHN TCSD instructor earnings 1,146.60 1,146.60 119883 11/15/2007 011539 JORE, DIANNE refund:Roger SO excursion 10/29 25.00 refund:San Diego excursion 10/29 25.00 50.00 119884 11/15/2007 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 119885 11/15/2007 007321 KOPP, JON R. (RANDY) audio svcs:Old Town rod run 600.00 600.00 119886 11/15/2007 006744 LAMAR CORPORATION, THE Nov billboard advertising:RDA 3,380.00 Oct billboard advertising:RDA 600.00 3,980.00 119887 11/15/2007 004068 MANALlLI, AILEEN TCSD Instructor Earnings 266.00 TCSD Instructor Earnings 232.75 TCSD Instructor Earnings 224.00 TCSD Instructor Earnings 138.25 TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 110.25 1,097.25 119888 11/15/2007 001967 MANPOWER TEMPORARY Temp help PPE 9130-10/14 JAlAC 1,106.33 SERVICES Temp help PPE 10/28 Carpenter 655.60 Temp help PPE 10/21 Carpenter 655.60 2,417.53 119889 11/15/2007 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 196.00 TCSD Instructor Earnings 735.00 TCSD Instructor Earnings 315.00 1,246.00 PageS apChkLst Final Check List Page: 6 11/1512007 5:38:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119890 11/15/2007 007210 MIDORI GARDENS Oct 07 Idscp maint sIYcs:Parks 68,969.46 68,969.46 119891 11/15/2007 010797 MUSSER, DAVID TCSD Instructor Earnings 84.00 TCSD Instructor Earnings 42.00 126.00 119892 11/15/2007 005006 NBS GOVERNMENT FINANCE Special tax admin sIYcs:Finance 9,270.00 9,270.00 GROUP 119893 11/15/2007 005006 NBS GOVERNMENT FINANCE NBS workshop 12/12 Finance mgmt 250.00 250.00 GROUP 119894 11/15/2007 005006 NBS GOVERNMENT FINANCE NBS workshop 12/12 B.S.lC.M.lP.R. 150.00 150.00 GROUP 119895 11/15/2007 009570 o C B REPROGRAPHICS blueprint repro:Misc/main st bridge 533.39 533.39 119896 11/15/2007 002105 OLD TOWN TIRE & SERVICE TCSD Vehicle Repair/Maint Svcs 73.02 73.02 119897 11/15/2007 001619 ORANGE COUNTY REGISTER INC Recruitment ads:Assoc Engineer 606.50 606.50 119898 11/15/2007 011520 PACIFIC CENTURY HOMES INC Refund:Depst for TR23143-5 Lot 1 995.00 995.00 119899 11/15/2007 007735 PATRIOT HEATING & AIR Res Impr Prgm: HVAC: Hart 5,325.00 5,325.00 119900 11/15/2007 004538 PAULEY EQUIPMENT COMPANY Equip rental:code enforcement 273.60 273.60 119901 11/15/2007 006657 PAYNE, CHRIS EE computer loan prgm 1,904.52 1,904.52 119902 11/15/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92 PROGRAM 119903 11/15/2007 011535 PORTIS, DANA Refund:Security Depst:CRC 545.00 545.00 119904 11/15/2007 000254 PRESS ENTERPRISE COMPANY Recruitment ads:human resources 2,033.71 2,033.71 INC 119905 11/15/2007 009897 RAMIREZ, ELlGIO PAES Res ImplY Prgm: H. Cappellia 4,490.00 4,490.00 119906 11/15/2007 002072 RANCHO CALIF WATER DIST- Depst:Comm Ctr Expansion:Plan ck 6,000.00 6,000.00 FEES Page:6 apChkLst Final Check List Page: 7 11/1512007 5:38:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119907 11/15/2007 002072 RANCHO CALIF WATER DIST- Plan ck/lnspection for Pech Pkwy 2,000.00 2,000.00 FEES 119908 11/15/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 27,807.18 Various Fire Water Meters 897.79 Various PWWater Meters 878.27 Various RDA Water Meters 71.76 29,655.00 119909 11/15/2007 004584 REGENCY LIGHTING electrical supplies: City Fac/CRC 1,862.95 Returned electrical supplies: City Hall -216.58 1,646.37 119910 11/15/2007 000352 RIVERSIDE CO ASSESSOR Assessor maps:B&S dept 48.00 48.00 119911 11/15/2007 000418 RIVERSIDE CO CLERK & Res Imprv Prgm:Kizik, Barbara 16.00 16.00 RECORDER 119912 11/15/2007 000418 RIVERSIDE CO CLERK & Res Imprv Prgm:Worthey, Loretta 16.00 16.00 RECORDER 119913 11/15/2007 000418 RIVERSIDE CO CLERK & Res Imprv Prgm:S. & T. Coyle 11.00 11.00 RECORDER 119914 11/15/2007 000267 RIVERSIDE CO FIRE April - June 2007:fire services 614,525.83 614,525.83 DEPARTMENT 119915 11/15/2007 005119 ROCKHURST UNIV CONTINUING Regist:SaleslUse tax sem:12/11 :Yonker 199.00 199.00 EDUC 119916 11/15/2007 005630 SADDLEBACK MATERIALS CO., Poly sand bags:pw maint 1,023.63 1,023.63 INC 119917 11/15/2007 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581 095025 12.50 12.50 119918 11/15/2007 010089 SECURITAS SECURITY SRVCS Security srvcs:var csd events 3,255.00 USA 10/26-11/01 Security svcs:stn 95 1,169.68 4,424.68 119919 11/15/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment 339.70 339.70 119920 11/15/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Sup Pmt LO File#2007052618 100.00 100.00 119921 11/15/2007 009213 SHERRY BERRY MUSIC Theater ticket sales:Jazz @ the Merc 73.50 73.50 119922 11/15/2007 001544 SKANSKA USA CIVIL WEST Prgs pmt #1 O:Educ.Cntr rough grading 349,910.11 release retention/5% withheld:Educ.Cntr 130,007.50 479,917.61 Page:? apChklst Final Check List Page: 8 11/1512007 5:38:50PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119923 11/15/2007 002536 SMITH, ZENAIDA B. Reimb:CMRTA Ann'l Cf:10/17-19:Rvsd 87.93 87.93 119924 11/15/2007 000537 SO CALIF EDISON Nov 2-01-202-7330 various mtrs 63,649.84 Nov 2-01-202-7603 arterial st lights 23,365.11 Oct 2-00-397-5059 various mtrs 14,300.02 Nov 2-02-351-5281 CRC 5,112.71 Nov 2-26-887-0789 various mtrs 1,331.86 Oct 2-10-331-2153 TCC 1,090.80 Nov 2-25-393-4681 TES Pool 780.34 Nov 2-28-171-2620 Police Mall stn 470.74 Nov2-28-397-1315 Redhawk Pkwy 14.85 110,116.27 119925 11/15/2007 001212 SO CALIF GAS COMPANY Nov 015-575-0195-2 Fire Stn 92 160.71 Nov 055-475-6169-5 PBSP 158.94 319.65 119926 11/15/2007 005610 ST NICHOLAS GREEK Refund: Security Depst:CRC 150.00 150.00 ORTHODOX 119927 11/15/2007 006145 STENO SOLUTIONS Oct transcription srvcs: Police 1,643.04 1,643.04 TRANSCRIPTION 119928 11/15/2007 003840 STRONGS PAINTING Painting srvcs:children's museum 12,500.00 12,500.00 119929 11/15/2007 000305 TARGET BANK BUS CARD SRVCS Misc supplies:EOC/shelter operations 244.18 recreation supplies: c. museum 119.31 Misc supplies:EOC/shelter operations 76.42 Misc supplies:EOC/shelter operations 68.52 Misc supplies:theater hospitality 15.06 523.49 119930 11/15/2007 010679 TEMECULA AUTO Fire Vehicle RepairlMaint Svcs 240.25 240.25 REPAIR/RADIATOR 119931 11/15/2007 000306 TEMECULA VALLEY PIPE & plumbing supplies: CRC 13.15 13.15 SUPPLY 119932 11/15/2007 011513 THOMAS, TRACEY Refund: Cite 57239 Dismissed 2nd level 300.00 300.00 119933 11/15/2007 010276 TIME WARNER CABLE Nov high speed internet City Hall 183.38 Nov high speed internet Stn 92 44.95 228.33 119934 11/15/2007 000319 TOMARK SPORTS INC Volleyball equip:winchester crk park 154.66 154.66 119935 11/15/2007 011540 TRISTAFF TEMPS Refund:O\ffpmt of fees: Rancho Pueblo 50.00 50.00 119936 11/15/2007 010110 TURNBOUGH, MARIA Refund: Security Depst:TCC 400.00 400.00 Page:8 apChkLst Final Check List Page: 9 11/1512007 5:38:50PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119937 11/15/2007 009709 U H S OF RANCHO SPRINGS, INC Forensic sexual assault exams:police 1,800.00 1,800.00 119938 11/15/2007 007766 UNDERGROUND SERVICE ALERT Oct undrgrnd svcs alert tickets:PW 324.80 324.80 119939 11/15/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00 119940 11/15/2007 011544 US GREEN BUilDING COUNCil LEED Workshop 12/19 M.Harold 445.00 445.00 119941 11/15/2007 004261 VERIZON Nov xxx-5072 general usage 4,719.43 Oct xxx-8900 GIS Library 756.72 Oct xxx-7530 GIS Library 530.70 Novxxx-1341 Theater 404.91 Oct xxx-5509 general usage 146.52 Novxxx-6812 General usage 89.73 Oct xxx-1540 Old Tovvn Prk Lot 89.51 Novxxx-1941 PTA CD TTACSD 65.76 Oct xxx-0049 general usage 42.85 Oct xxx-1999 general usage 37.81 Oct xxx-5180 79S Irrg Cntr 35.87 Novxxx-3910 1st St Irrigation 35.87 Nov xxx-7562 irrigation controller 34.80 Nov xxx-2372 Wlf Crk Irrg Cntrl 32.68 Oct xxx-6620 general usage 31.72 7,054.88 119942 11/15/2007 004279 VERIZON CALIFORNIA INC. Oct access-(EQN) C. Mus.phone line 656.45 Oct access-(E05) CRC phone line 355.20 1,011.65 119943 11/15/2007 011536 VITIEllO, SARA Refund:Picnic Shelter:Margarita 55.00 55.00 119944 11/15/2007 001342 WAXIE SANITARY SUPPLY INC custodial supplies: City Hall 712.15 712.15 119945 11/15/2007 002109 WHITE CAP INDUSTRIES INC Maint supplies: pw maintenance 70.38 70.38 119946 11/15/2007 008048 WHITEHEAD CONSTRUCTION Refund:Security Depst:CRC 969.00 969.00 119947 11/15/2007 011512 WilLIAMS, CHRIS Refund: Cite 57882 Court Dismissed 50.00 50.00 119948 11/15/2007 011541 WOODCREST ACE HARDWARE Refund:Eng Depst:30733 Tem Pkwy 995.00 995.00 INC. 119949 11/15/2007 010193 WOOlSTENHUlME, lUCIA TCSD Instructor Earnings 168.00 168.00 Page:9 apChkLst 11/1512007 5:38:50PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 119950 11/15/2007 000348 ZIGLER, GAIL Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Check Total Reimb:Thanksgiving Give-Aways Reimb:Art Gallery Opening:11/02 375.00 184.01 Page: 10 559.01 1,791,122.90 Grand total for UNION BANK OF CALIFORNIA: Page:10 apChkLst 11/1512007 5:38:50PM Final Check List CITY OF TEMECULA Page: 11 134 checks in this report. Grand Total All Checks: 1,791,122.90 Page:11 apChkLst Final Check List Page: 1 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 965 11/29/2007 000444 INSTATAX (EDD) State Disability Ins Payment 22,034.66 22,034.66 966 11/29/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 86,307.86 86,307.86 967 11/29/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 121,502.10 121,502.10 RETIREMENT) 968 11/29/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 3,521.88 3,521.88 NATIONWIDE RETIREMENT 119951 11/19/2007 010877 GAITAN, JULIA AND ARTHUR Entry Permit: Pechanga Pkwy 5,000.00 5,000.00 119952 11/20/2007 011550 WRSJG, LLC DIF reimbursement:Jefferson median 99,794.75 99,794.75 119953 11/27/2007 003495 SO CALIF EDISON Elec Svcs:R.CAlBusiness Prk PW07-02 9,210.42 9,210.42 119954 11/28/2007 008511 RIVERSIDE CO AIRPORT LAND ALUC application:Gen.P1an/F.V.Airport 1,188.00 1,188.00 USE 119955 11/28/2007 001264 COSTCO WHOLESALE Optoma dip front projector:lnfo Sys 861.99 861.99 119956 11/29/2007 001985 A E P (ASSOC OF ENVIRO PROF) AEP membership 07/08:Ubnoske,D. 120.00 120.00 119957 11/29/2007 011347 A F S INC Smog device:1997 patch truck 12,592.05 12,592.05 119958 11/29/2007 004229 ACTION APPLIANCE INC washer/dryer replacementStn 73 1,127.07 1,127.07 119959 11/29/2007 008698 ADVANCED APPLIED Oct eng svcs:79S park & ride 3,205.00 3,205.00 ENGINEERING 119960 11/29/2007 004767 ALERT ALL CORPORATION pub safety educ materials:Fire 2,241.20 2,241.20 119961 11/29/2007 006915 ALLIE'S PARTY EQUIPMENT reception equip rentals: Merc 32.64 32.64 119962 11/29/2007 009767 AL TA LOMA CHARTER INC bus transportation:Tcsd team bldg 820.46 820.46 119963 11/29/2007 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 370.00 DUI & drug screenings: Police 296.00 666.00 Page:1 apChkLst Final Check List Page: 2 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119964 11/29/2007 008595 AMERICAN INTL GROUP INC Worker's Comp Nov 07 Payment 36,622.00 36,622.00 119965 11/29/2007 011531 AMERICAN MEDICAL RESPONSE AED/CPR Program Cards:Fire 360.00 360.00 INC 119966 11/29/2007 004022 AMERICAN MINI STORAGE, Oct-Nov offsite storage: B&S 1,368.00 TEMECUL credit:canceled contract owe 2 mos -1,140.00 228.00 119967 11/29/2007 008279 AMERICOMP IN FOSYSTEMS INC misc computer items: IS Library 299.55 misc computer items: IS Library 201.49 misc computer items: IS Library 161.63 misc computer items: IS Library 102.36 765.03 119968 11/29/2007 011417 ANCHOR BAY ROOFING Res Imp Prgm: Mammano, Angel 4,200.00 4,200.00 119969 11/29/2007 000101 APPLE ON E INC Temp Help PPE 11/3 Ortiz, Vanessa 710.00 Temp Help PPE 11/10 Ortiz,Vanessa 710.00 1,420.00 119970 11/29/2007 011237 ARROW CHARTER LINES INC transportation:mpsc excursion 772.75 transportation:mpsc excursion 715.00 1,487.75 119971 11/29/2007 001323 ARROWHEAD WATER INC Bottled wtr svcs: City Hall 593.83 Bottled wtr svcs: City Hall 42.01 635.84 119972 11/29/2007 002648 AUTO CLUB OF SOUTHERN Membership:65120445 Davis, David 47.00 47.00 CALIF 119973 11/29/2007 009597 BALL, DIANE Reimb:CALBO Ed:11/07:0ntario 59.35 59.35 119974 11/29/2007 002541 BECKER CONSTRUCTION SRVS street const svcs:Crown Hill park 14,825.00 INC road repairs: PVI/ Maintenance 2,640.00 17,465.00 119975 11/29/2007 003984 BENOIT, VINCENT H. Entertainment:Santa in Old Town 700.00 garnishment case# 880752292 -175.00 525.00 119976 11/29/2007 002377 BEST BUY COMPANY INC Gift Cards:Spark of Love Toy Drive 1,000.00 1,000.00 119977 11/29/2007 004262 BIO-TOX LABORATORIES DUI & Drug Screenings: Police 34.23 34.23 119978 11/29/2007 009082 C B C TECHNICAL INC lighting & sound supplies: Theater 133.97 133.97 119979 11/29/2007 000154 CSMFO 07/08 Mb:52379 Simpson, Jason 110.00 110.00 Page2 apChkLst Final Check List Page: 3 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119980 11/29/2007 003138 CAL MAT PW patch truck materials 726.36 PW patch truck materials 720.94 PW patch truck materials 566.03 PW patch truck materials 394.49 2,407.82 119981 11/29/2007 000484 CALIF ASSN FOR LOCAL 07/08 mbshp: Wolnick, Gloria 80.00 80.00 ECONOMIC 119982 11/29/2007 001054 CALIF BUILDING OFFICIALS CALBO-Training:Lankenau, S. 300.00 300.00 119983 11/29/2007 000647 CALIF DEPT OF CONSUMER Cert# 47109Iicense:Butler, Greg 125.00 125.00 AFFAIRS 119984 11/29/2007 000790 CALIF DEPT OF PESTICIDE QAC License renewal:Wiechec, M. 60.00 60.00 119985 11/29/2007 000152 CALIF PARKS & RECREATION 07/08 mbshp renewal: Betz, Martin 135.00 135.00 SOC 119986 11/29/2007 004971 CANON FINANCIAL SERVICES, Nov Copier Lease Pmt: Citywide 4,744.84 INC Nov-Dec copier lease: Stn 92 365.10 5,109.94 119987 11/29/2007 008644 CANTRELL, ROGER, AlA, AICP Oct design svcs: Planning 4,138.00 Oct addl design svcs: Planning 300.20 4,438.20 119988 11/29/2007 010434 CATERERS CAFE refreshments:Council briefing 11/7/07 9.01 9.01 119989 11/29/2007 009539 CHARLES ABBOTT ASSOCIATES Oct plan ck svcs: Fire Prevention 3,428.10 3,428.10 INC 119990 11/29/2007 004609 CINTAS DOCUMENT Nov doc shredding svcs: City Hall 110.00 MANAGEMENT Nov doc shredding:PD Old TOVvTl 32.50 Nov doc shredding:PD Mall Storefront 24.00 Nov doc shredding svcs: CRC 22.50 189.00 119991 11/29/2007 005417 CINTAS FIRST AID & SAFETY First aid supplies: PW Maint 82.34 First aid supplies: City Hall 73.66 156.00 119992 11/29/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 73.00 73.00 119993 11/29/2007 000442 COMPUTER ALERT SYSTEMS Nov-Dec alarm svcs:Fld Op Ctr 50.00 50.00 119994 11/29/2007 000447 COMTRONIX OF HEMET equip repair & maint:PW Maint 303.15 303.15 119995 11/29/2007 001923 CONVERSE CONSULTANTS Sept Design Svc:R. Calif Rd Widening 2,955.00 2,955.00 Page:3 apChkLst Final Check List Page: 4 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 119996 11/29/2007 001264 COSTCO WHOLESALE misc supplies: TCC 378.20 378.20 119997 11/29/2007 003986 COZAD & FOX INC Oct eng svcs:Santa Marg Pres 3,425.00 Oct eng svcs:79S/Pechanga Pkwy 1,581.50 5,006.50 119998 11/29/2007 009524 CREATIVE HANDS ART SCHOOL TCSD instructor earnings 693.00 TCSD instructor earnings 252.00 945.00 119999 11/29/2007 008758 CROSSROADS SOFTWARE INC Zebra Printer/Accessories:IS 4,024.46 4,024.46 120000 11/29/2007 001009 D B X INC illuminated street signs: 79S 67,300.00 67,300.00 120001 11/29/2007 008943 DEPT OF GENERAL SERVICES Admin Hearing Svcs: Code Enfc 778.25 778.25 (DGS) 120002 11/29/2007 011553 DIAMOND BAR, CITY OF reg:Concert Fair 1/17 Zigler, Gail 15.00 15.00 120003 11/29/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: PW Maint 1,662.35 INC Fuel for City vehicles: TCSD 1,573.52 Fuel for City vehicles: Code Enfc 536.50 Fuel for City vehicles: PW Lnd Dv 526.85 Fuel for City vehicles: B&S 511.09 Fuel for City vehicles: PWTraffic 147.02 Fuel for City vehicles: B&S,PW,RDA 141.39 Fuel for City vehicles: PWCIP 72.44 Fuel for City vehicles: Police 49.80 5,220.96 120004 11/29/2007 000523 EASTERN MUNICIPAL WATER Nov 190304-02 Seraphina Rd 261.69 DIST Nov 95366-02 Diego Dr Ldscp 151.42 413.11 120005 11/29/2007 003223 EDAW INC Sept biological svcs:LC det basin 1,828.24 1,828.24 120006 11/29/2007 011375 EDUCATIONAL INNOVATIONS INC misc supplies:Childrens Museum 23.91 23.91 120007 11/29/2007 008704 EDVVARDS,MARYANN Refund:deposit 31779 Via Telesio 995.00 995.00 Page:4 apChkLst Final Check List Page: 5 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120008 11/29/2007 001056 EXCEL LANDSCAPE mainline repair:Vail Ranch Pkwy 757.92 mainline repair:The Villages 661.38 mainline repair:The Villages 464.51 mainline repair:Ynez-Rncho Hind 459.71 mainline repair:The Villages 396.72 mainline repair:Woodcrst Ctry 289.52 mainline repair:Crovvne Hill 256.43 mainline repair:Morrison Homes 243.75 mainline repair:Vail Ranch Pkwy 216.43 mainline repair:Rancho Highlands 207.34 mainline repair:Martinique 191.82 mainline repair:s-05 signet series 166.75 mainline repair:The Villages 139.44 mainline repair:Avondale 92.44 4,544.16 120009 11/29/2007 003665 EXCEL TELECOMMUNICATIONS Oct long distance phone svcs 53.28 53.28 120010 11/29/2007 004464 EXXONMOBIL CARD SERVICES City vehicles fuel: City Manager 75.00 75.00 120011 11/29/2007 000478 FAST SIGNS Gallery @ Merc Signs: Theater 93.19 vinyl numbers for veh id:Code Enfc 45.58 Gallery @ Merc Signs: Theater 26.94 165.71 120012 11/29/2007 011463 FETHEROLF, LOUS Entertainment:Hot Summer Nights 300.00 300.00 120013 11/29/2007 003747 FINE ARTS NETWORK Die Fledermaus Production 11/14/07 565.15 565.15 120014 11/29/2007 003174 FIREHOUSE MAGAZINE 07/08 Firehouse 7827577-R1 :GP 29.95 29.95 PageS apChkLst Final Check List Page: 6 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120015 11/29/2007 003347 FIRST BANKCARD CENTER WYNDHAM HOTEL RJ htl:Form Based Code Trng:FS/CD 965.52 NORTHWEST ENVIRONMENTAL RJ Regist:CEQA Trng:Lowrey/Jones 700.00 SWEET LUMPY BBQ LLC SJ Refreshments:Council Closed Session 278.43 AMERICAN PLANNING RJ Mbshp: Dale West 160530 265.00 ASSOCIATION RANCHO FORD LINCOLN WH 01-065PWvehicle repairs 263.88 MERCURY SOUTHWEST AIRLINES RJ Airiare:Form Based Code Trng 254.60 AMERICAN PLANNING RJ Mbshp: Cheryl Kitzerow 123672 240.00 ASSOCIATION COSTCO WHOLESALE RJ 3- USB flash drive 177.76 CLEAR LITERATURE DISPLAY RJ Business cards display rack 162.76 FCC CONFERENCECALLSVC RJ Conference calls svcs 159.84 WOLFE EATS PIZZA SJ Refreshments:Council Closed Session 140.12 ROSAS CANTINA RESTAURANT SJ Refreshments:Council Closed Session 119.80 SOLANO PRESS BOOKS RJ Books:RDA in CAlSupplement RDA 93.80 PAT & OSCARS RESTAURANT RJ Refreshments:Plan Comm Mtg 91.50 ARRIBA GRILL AA Refreshments:WRCOG/SCAG mtg 75.88 UNITED AIRLINES AA airiare fees:Sister Cities trip 50.00 BLACK ANGUS AA Refreshments:Eco Devel Mtg 41.05 LOCAL GOVERNMENT RJ regist:Santa Ana Water:West:1 0/18 15.00 COMMISSION SAN DIEGO, COUNTY OF RJ Assessor Map detail 14.00 EXPEDIA.COM SJ Flight charges 10.00 CREATVIE HOST-AIRPORT AA Refreshments:Sister Cities trip 9.88 ENR.COM MH Article:City Cost Index-LA 4.95 EXPRESS JET AIRLINES INC SJ Airiare: Flight chances adjustment 3.00 RIVIERA HOTEL SJ Hotel: cancellation credit -60.00 4,076.77 120016 11/29/2007 010493 FOREST CITY COMMERCIAL Dec lease pymt:Police Mall Storefront 1,458.33 1,458.33 MGMT 120017 11/29/2007 002982 FRANCHISE TAX BOARD Case# 880752292 Benoit, V. 175.00 175.00 Page:6 apChkLst Final Check List Page: 7 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120018 11/29/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 120019 11/29/2007 011601 FROSCH, DOUGLAS C. refund: TOT & BID fees 1,034.90 1,034.90 120020 11/29/2007 009520 FULL MEASURE CAROLERS Holiday Hand Bell Choir:Old Town 745.00 745.00 120021 11/29/2007 007866 G C S SUPPLIES INC printer toner cartridges: Info Sys 720.37 printer toner cartridges:lnfo Sys 706.90 1,427.27 120022 11/29/2007 010326 G E 10NICS INC equip maintlrepair: Stn 73 61.03 61.03 120023 11/29/2007 010028 G M BUSINESS INTERIORS furniture purch/instl:Fld Op Ctr 782.80 782.80 120024 11/29/2007 010452 GAYLORD BROS INC Opus Opague Projector: Library 1,134.75 1,134.75 120025 11/29/2007 011602 GIFT SOLUTIONS EXPERTS INC Gift Cards: Spark of Love Toy Drive 1,000.00 1,000.00 120026 11/29/2007 009094 GLEN EAGLES CORPORATION, Res Impr Prgm: Brown, Barbara 3,000.00 3,000.00 THE 120027 11/29/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: TCSD 1,149.50 INC Office Supplies: TCC 1,054.73 Office Supplies: Fire 746.62 Office Supplies: Planning 409.40 Office Supplies: CM & City Council 354.86 Office Supplies: CRC/Ch Museum 276.02 Office Supplies: B&S 184.36 Office Supplies: MSPC 174.85 4,350.34 120028 11/29/2007 009608 GOLDEN VALLEY MUSIC Symphony \l\linds & Strings 11/18 2,218.55 2,218.55 SOCIETY 120029 11/29/2007 003792 GRAINGER misc stage supplies:theater 24.31 24.31 120030 11/29/2007 002174 GROUP 1 PRODUCTIONS video svcs:Wolf Creek Fire Stn 2,100.00 video duplication svcs:Econ Dev 75.00 2,175.00 120031 11/29/2007 000520 H D L COREN & CONE INC Oct-Dec property tax svc:Finance 5,000.00 5,000.00 120032 11/29/2007 003342 HABITAT FOR HUMANITY refund:MSHCP permit fees 750.00 750.00 Page:? apChkLst Final Check List Page: 8 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120033 11/29/2007 004188 HARRIS & ASSOCIATES Oct cnslt svcs:pavement rehab 14,380.00 14,380.00 120034 11/29/2007 001135 HEALTH POINTE MEDICAL Employee physicals: HR 90.00 90.00 GROUP INC 120035 11/29/2007 004811 HEWLETT PACKARD Notebook PCs for Training:IS 7,658.24 2-HP Compaq Notebook PC:IS 1,992.91 9,651.15 120036 11/29/2007 001517 HORIZON HEALTH Nov employee assistance prgm:HR 893.20 893.20 120037 11/29/2007 007117 HOWE WELDING & FABRICATION Oct prgss:R.Cal/O\fflnd Bridge Fencing 85,647.29 85,647.29 INC 120038 11/29/2007 011591 I P X 1031 refund:deposit 27416 Jefferson Ave 995.00 995.00 120039 11/29/2007 004406 IGOE & COMPANY INC Nov flex benefit plan pmt 421.60 421.60 120040 11/29/2007 004833 IMPERIAL PAVING COMPANY INC asphalt repairs:PWMaint Div 28,323.00 asphalt repairs:PW Maint Div 23,947.00 asphalt repairs:PW Maint Div 19,347.00 71,617.00 120041 11/29/2007 011556 INDUSTRIAL CONDOS OF refund:deposit 42045 Remington Av 995.00 995.00 TEMECULA 120042 11/29/2007 006914 INNOVATIVE DOCUMENT copier maint & usage: Citywide 5,496.95 SOLUTIONS copier maint & usage: Citywide 4,254.70 copier maint & usage: Citywide 3,762.99 Nov copier maintlusage:Library 618.23 14,132.87 120043 11/29/2007 003296 INTL CODE COUNCIL code books: Fire Prevention 384.82 384.82 120044 11/29/2007 003266 IRON MOUNTAIN OFFSITE records storage:IS back-up tape 389.00 389.00 120045 11/29/2007 001186 IRWIN, JOHN TCSD instructor earnings 747.60 TCSD instructor earnings 121.80 869.40 120046 11/29/2007 010428 IT'S A DOGS WORLD K-9 TCSD Instructor Earnings 700.00 700.00 ACADEMY 120047 11/29/2007 011595 ITS OF RIVERSIDE COUNTY refund: security deposit CRC 11/17 150.00 150.00 120048 11/29/2007 008782 JEFFERSON PARTNERS INC Refund:deposit 41900 \l\linchester Rd 995.00 995.00 Page:8 apChklst Final Check List Page: 9 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120049 11/29/2007 004908 JIFFY LUBE 1878 Vehicle repair/maint: B&S 36.50 Vehicle repair/maint: B&S 36.50 73.00 120050 11/29/2007 010412 JOHNSON POWER SYSTEMS repair/maint: CRC generator 461.44 461.44 120051 11/29/2007 007671 JONES, MARYL YN TCSD instructor earnings 294.00 294.00 120052 11/29/2007 009659 JORDAN TTEE, BONITA H. refund: CRC rental 1219 379.00 379.00 120053 11/29/2007 002531 KA TY FM RADIO Oct broadcasting:Old Town events 1,000.00 1,000.00 120054 11/29/2007 003046 K FRO G 95.1 FM RADIO Oct broadcasting:Old Town events 1,000.00 Oct broadcasting:Old Tovvn events 1,000.00 2,000.00 120055 11/29/2007 000820 K R W & ASSOCIATES Oct eng plan ck svcs:PW lnd Dv 7,315.00 7,315.00 120056 11/29/2007 001091 KEYSER MARSTON ASSOCIATES Oct cnslt svcs:RDA Real Estate 7,305.63 INC Oct cnslt svcs:RDA Civc Ctr 1,866.25 Oct cnslt svcs:RDA Affd Housing 1,725.01 10,896.89 120057 11/29/2007 010922 KITTENS 'N' PUPS K-9 food & supplies: Police 43.09 43.09 CORPORATION 120058 11/29/2007 001282 KNORR SYSTEMS INC pool maint supplies:Aquatics 1,165.25 1,165.25 120059 11/29/2007 007321 KOPP, JON R. (RANDY) sound svcs/repairs: Old Town 521.62 521.62 120060 11/29/2007 007188 LAERDAL MEDICAL CORP. CPR/AED program books:Fire 1,526.70 1 ,526.70 120061 11/29/2007 006744 LAMAR CORPORATION, THE holiday billboard advertising:RDA 300.00 300.00 120062 11/29/2007 009467 LANKENAU, STEVE Reimb:CAlBO Ed:10/22-23:0ntario 58.00 58.00 120063 11/29/2007 000869 LAWRENCE WELK RESORT excursion Welk Resort 12/4:MPSC 1,500.00 1,500.00 THEATRE 120064 11/29/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 358.75 TCSD instructor earnings 281.75 TCSD instructor earnings 266.00 906.50 120065 11/29/2007 003726 LIFE ASSIST INC Medical supplies: Paramedics 3,070.58 3,070.58 Page:9 apChkLst Final Check List Page: 10 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120066 11/29/2007 011604 LIMON, RALPH S. Reg:CHP comm driving reg 12/5 RW 295.00 295.00 120067 11/29/2007 011534 LIND, TIMOTHY Refund: Cite 41894 Fee reduced 10.00 10.00 120068 11/29/2007 011287 LINDY OFFICE PRODUCTS ergonomic furniture: PW CIP 786.02 786.02 120069 11/29/2007 006897 LORY, SUSAN, J. TCSD instructor earnings 343.00 TCSD instructor earnings 302.40 TCSD instructor earnings 292.95 TCSD instructor earnings 277.20 TCSD instructor earnings 269.50 TCSD instructor earnings 245.00 TCSD instructor earnings 226.80 TCSD instructor earnings 226.80 TCSD instructor earnings 196.00 TCSD instructor earnings 151.20 2,530.85 120070 11/29/2007 004087 LOWES INC Lights:holiday parade event 26.13 26.13 120071 11/29/2007 008610 M C R STAMPS OJ services: High Hopes 11/16107 25.00 25.00 120072 11/29/2007 003782 MAIN STREET SIGNS park rule signs:csd parks 840.45 street name signs:pw maint div 193.95 street signs:pw maint div 177.79 1,212.19 120073 11/29/2007 004141 MAINTEX INC custodial supplies: library 318.44 custodial equip maintlrepair: tcsd 165.00 custodial equip maintlrepair: tcsd 37.28 custodial supplies: theater 15.99 536.71 120074 11/29/2007 001967 MANPOWER TEMPORARY temp help wle 11/11 JAlACfTF 1,746.28 SERVICES temp help ppe 11/04 AC/JA 1,048.96 temp help wle 10/07 Various Depts. 1,016.93 3,812.17 120075 11/29/2007 004307 MARINE BIOCHEMISTS Novwater maint srvcs:Harv/Duck Pond 4,855.00 4,855.00 120076 11/29/2007 006571 MELODY'S AD WORKS Dickens holiday consulting S1Vcs:RDA 3,000.00 reimb expenses:Erle stanley Gardner 180.62 3,180.62 120077. 11/29/2007 011589 MESSINA, JOHNATHAN refund:Creating Digital Video in School 79.90 79.90 Page:10 apChkLst Final Check List Page: 11 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120078 11/29/2007 007210 MIDORI GARDENS Irrigation repairs:Linear Park 9/25 314.65 Irrigation repairs:Lake Park 9/11 258.94 Irrigation repairs:Riverton Park 8130 254.36 Irrigation repairs:Michael Linden Prk 251.09 Irrigation repairs:pbsp 9/28 236.15 1,315.19 120079 11/29/2007 011440 MILLMORE'S WAA CREW City veh detail svcs:IS/Record/Cntrl Svc 25.00 City vehicle detailing srvcs:Planning 20.00 45.00 120080 11/29/2007 001384 MINUTEMAN PRESS business cards:Lt. Collins 116.96 misc printing srvcs:planning dept 46.38 163.34 120081 11/29/2007 001892 MOBILE MODULAR 10/6-11/4 modular bldg rental:T.C.C. 832.40 832.40 120082 11/29/2007 004534 MOBILE SATELLITE VENTURES Nov EOC Stn Satellite Phone Svcs 72.78 72.78 LP 120083 11/29/2007 009816 MONDOSOFT INC License upgrd/support renewal:I.S. 900.00 annual renewal/license upgrd:I.S. 450.00 1,350.00 120084 11/29/2007 004586 MOORE FENCE COMPANY Res Imprv Prgm: Morton, Donald 2,284.00 2,284.00 120085 11/29/2007 000230 MUNIFINANCIAL Oct-Dec '07 assessment srvcs:tcsd 5,073.19 5,073.19 120086 11/29/2007 002925 NAPA AUTO PARTS City vehicle repair/maint:fire stn 84 77.35 City vehicle repair/maint:fire stn 84 41.09 City vehicle repair/maint:fire stn 84 31.48 credit:item returned/Stn 92 -8.53 141.39 120087 11/29/2007 008820 NEIGHBORS NEWSPAPER Oct E.S.G.lHalloween ads:RDA 250.00 Nov Dickens holiday:RDA 250.00 500.00 120088 11/29/2007 011143 NEW WORLD LANGUAGE translation srvcs:tcsd 86.52 86.52 SERVICES 120089 11/29/2007 010273 NIXON PEABODY LLP Jul-Aug legal services matter 0002 16,681.12 Jul-Aug legal matters 00003 13,319.00 Jul '07 legal services matter 0001 1,190.00 31,190.12 120090 11/29/2007 002139 NORTH COUNTY TIMES Oct display ads: theater 1,005.74 Oct display ads:PW/Pln/City Clerk 990.12 Oct recruitment ads:H.R. 981.48 annual subscr:Financel120994 114.00 3,091.34 120091 11/29/2007 002100 OBJECT RADIANCE INC TCSD Instructor Earnings 140.00 TCSD Instructor Earnings 35.00 175.00 Page:11 apChkLst Final Check List Page: 12 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120092 11/29/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Sves 776.72 City Vehicle Repair/Maint SVes 749.46 City Vehicle Repair/Maint SVes 571.39 City Vehicle Repair/Maint SVes 225.00 City Vehicle Repair/Maint SVes 153.57 City Vehicle Repair/Maint SVes 127.50 City Vehicle Repair/Maint SVes 76.25 City Vehicle Repair/Maint SVes 50.00 City Vehicle Repair/Maint SVes 50.00 City Vehicle Repair/Maint SVes 38.75 City Vehicle Repair/Maint SVes 34.22 City Vehicle Repair/Maint SVes 33.75 2,886.61 120093 11/29/2007 011435 OLHAUSEN GAME ROOMS INC Juke box player:ehildren's museum 7,429.36 7,429.36 120094 11/29/2007 001171 ORIENTAL TRADING COMPANY mise supplies:holiday craft wkshp 171.95 171.95 INC 120095 11/29/2007 002344 OSVOLD, HEIDA Reimb:CALBO Ed:11/6-7:0ntario 12.00 12.00 120096 11/29/2007 011593 OYE, TERRI refund:see.depositlCRC 11/16/07 150.00 150.00 120097 11/29/2007 002652 PAT & OSCARS RESTAURANT rirshmnts:tree lighting ceremony 11/29 856.47 856.47 120098 11/29/2007 002652 PAT & OSCARS RESTAURANT rirshmnts:qtrly mtg/PW 12/12/07 835.32 835.32 120099 11/29/2007 007591 PAUL LASLO & ASSOCIATES promo items:2007 safety expo 1,984.34 promo items:2007 safety expo 275.06 2,259.40 120100 11/29/2007 005136 PCCIII - CROWNE HILL LLC refund:eng depositlCrowne Hill Prk "A" 995.00 995.00 120101 11/29/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92 PROGRAM 120102 11/29/2007 002498 PETRA GEOTECHNICAL INC Sep geoteeh srves:diaz rd realign 895.00 895.00 120103 11/29/2007 000249 PETTY CASH Petty Cash Reimbursement 917.82 917.82 120104 11/29/2007 001999 PITNEY BOWES Jan-Mar postage meter rental:Cntrl Srves 269.11 269.11 120105 11/29/2007 000253 POSTMASTER Express Mail & Postal Sves 49.00 49.00 Page:12 apChkLst Final Check List Page: 13 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120106 11/29/2007 002185 POSTMASTER postage/qtrly newsletters:C.M. Dept 5,189.27 5,189.27 120107 11/29/2007 002185 POSTMASTER annual box feel#892050:Police 368.00 368.00 120108 11/29/2007 000254 PRESS ENTERPRISE COMPANY Oct quilt show/halloween/e.s.g.ads:RDA 1,893.06 1,893.06 INC 120109 11/29/2007 011344 PROMO DIRECT INC. promotional gifts for Sister Cities 1,230.20 1,230.20 120110 11/29/2007 005075 PRUDENTIAL OVERALL SUPPLY Oct uniform/fkr matltwl rentals:City Fac 1,293.40 credit:chrgs not per contract -11.60 1,281.80 120111 11/29/2007 002793 QUICK WRAP BAGS shipping bags: Fire Prevention 232.33 232.33 120112 11/29/2007 000728 RAMSEY BACKFLOW & backflow test/repair: medians & parks 132.00 PLUMBING backflow test/repair: medians & parks 44.00 176.00 120113 11/29/2007 002072 RANCHO CALIF WATER DIST- Depst:Eng SVc Appl#5807 Job H1499 2,000.00 2,000.00 FEES 120114 11/29/2007 002072 RANCHO CALIF WATER DIST- Depst:Eng SVc Appl#5869 Job E1571 2,000.00 2,000.00 FEES 120115 11/29/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 18,885.45 Nov 01-02-02000-0 CRC 919.66 Nov 01-02-02001-0 Rancho Vista Rd 590.19 Various PWWater Meters 332.87 Various RDA Water Meters 76.11 20,804.28 120116 11/29/2007 000271 RBF CONSULTING Sep eng/ldscp dsgn:\l\linchester Rd 61,886.79 Sep profsrvcs:Old Town Infrastructure 6,615.16 68,501.95 120117 11/29/2007 003591 RENES COMMERCIAL trash/debris cleanup-City R.O.W.'s 10,000.00 MANAGEMENT tree removal srvcs:EOC conditions 7,230.00 17,230.00 120118 11/29/2007 002110 RENTAL SERVICE equip rental:PWmntc 20.63 CORPORATION equip rental:PW mntc 16.15 36.78 120119 11/29/2007 004498 REPUBLIC INTELLIGENT Oct traffic sig repair/maint:pw traffic 2,897.12 Oct street light maintlrepair:pw traffic 723.16 3,620.28 120120 11/29/2007 008928 RIGEL PRODUCTS & SERVICE equip repair & maint:pw maint div 28.91 28.91 120121 11/29/2007 000418 RIVERSIDE CO CLERK & Sep '07 recording fees:RDA 32.00 32.00 RECORDER Page:13 apChkLst Final Check List Page: 14 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120122 11/29/2007 000268 RIVERSIDE CO HABITAT Oct '07 K-Rat payment 2,405.00 2,405.00 120123 11/29/2007 001592 RIVERSIDE CO INFO 2 scan radio for Park Rangers 5,635.31 5,635.31 TECHNOLOGY 120124 11/29/2007 000406 RIVERSIDE CO SHERIFFS DEPT 7/19-8/15/07:lawenforcement 1,207,850.55 10/12-13 Rod Run:law enforcement 17,902.34 10/21 Race for Cure:law enforcement 5,763.11 1,231,516.00 120125 11/29/2007 004907 RIVERSIDE CO Jul-Sep '07 MOU RCTC/City freeway study 14,733.49 14,733.49 TRANSPORTATION 120126 11/29/2007 005756 RIVERSIDE CO TREASURER 07/08 spec asmnt taxes:W.C. Linear Park 148.32 148.32 120127 11/29/2007 008515 SAM DE FAZIO'S GOODTIME entertainment:mpsc 12/8/07 400.00 400.00 BAND 120128 11/29/2007 000278 SAN DIEGO UNION TRIBUNE Oct recruitment ads:H.R. 728.16 728.16 120129 11/29/2007 006176 SANTA ANA COLLEGE Prey 2C trng 1/14-18/08 E.Wigle 170.00 170.00 120130 11/29/2007 006176 SANTA ANA COLLEGE Prey 2C trng 1/14-18/08 L.Larson 170.00 170.00 120131 11/29/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment: Payment 311.95 311.95 120132 11/29/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Pmt LO File # 2007052618 100.00 100.00 120133 11/29/2007 010745 SHERWIN WILLIAMS painting supplies:harveston lake park 30.27 30.27 120134 11/29/2007 009746 SIGNS BY TOMORROW "park closed for maint" sign:rdhwk pk 90.71 90.71 120135 11/29/2007 000645 SMART & FINAL INC misc supplies:mpsc 231.45 misc supplies: tcc 155.00 rec supplies: Children's Museum 94.21 480.66 Page:14 apChkLst Final Check List Page: 15 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120136 11/29/2007 000537 SO CALIF EDISON 2-27-560-0625 Deerhollow Way 3,758.30 Nov 2-29-223-8607 Old Twn PED 2,088.52 Nov 2-02-351-4946 MPSC 1,326.20 Nov 2-18-937-3152 T.Museum 585.23 Nov 2-20-817-9929 Police aT Stn 198.25 Nov 2-28-904-7706 Overland Trail 159.34 Nov 2-28-331-4847 Pauba Rd 132.53 Nov 2-21-981-4720 Hwy 79S 76.30 2-19-171-8568 Wedding Chpl 62.09 Nov2-14-204-1615 Front st Rdio 43.40 Nov 2-29-657-2563 various TCSD 28.13 Nov 2-27-371-8494 Offsite Storage 24.56 8,482.85 120137 11/29/2007 000926 SO CALIF EDISON Pechanga Prkwy st Lights Design 102,128.95 102,128.95 120138 11/29/2007 000926 SO CALIF EDISON Elec Svcs:TVHS Tennis Courts 25,298.97 25,298.97 120139 11/29/2007 001212 SO CALIF GAS COMPANY Various City Facilities meter chrgs 3,856.55 095-167-7907-2 Fire stn 84 156.08 Nov 101-525-1560-6 Fire Stn 73 128.15 4,140.78 120140 11/29/2007 000282 SO CALIF MUNICIPAL ATHLETIC SCMAF A & I member fees:C.McCarthy 25.00 25.00 120141 11/29/2007 002503 SOUTH COAST AIR QUALITY emerg gen. operating fees:FOC 266.55 emerg gen. emissions fees:FOC 99.09 365.64 120142 11/29/2007 000519 SOUTH COUNTY PEST CONTROL pest control srvcs:hrvston lake 84.00 INC pest control srvcs:rrsp 84.00 pest control srvcs:code enforce 84.00 pest control srvcs:FOC 52.00 304.00 120143 11/29/2007 007851 SOUTH COAST HEATING & AIR HVAC repair & maint:Council Chambers 410.54 HVAC repair & maint:West Wing 192.00 Oct hvac prey maint:West Wing 190.00 792.54 120144 11/29/2007 004282 SOUTHWEST TRAFFIC SYSTEMS equipment repair & maintpw maint 185.00 185.00 120145 11/29/2007 011172 SPARTAN CHASSIS INC seat modifications - Engine 95 2,224.17 2,224.17 120146 11/29/2007 005786 SPRINT Sep 26 to Oct 25 cellular usage/equip 7,902.84 7,902.84 120147 11/29/2007 000293 STADIUM PIZZA INC rirshmnts:Family Fun Night 10/19 600.00 600.00 Page:15 apChkLst Final Check List Page: 16 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120148 11/29/2007 003000 STATE WATER RESOURCES annual NPDES MS4 permit 11,109.00 11,109.00 120149 11/29/2007 003000 STATE WATER RESOURCES Ntc/lntent fee:OT.lnfrastructure prjt 403.00 403.00 120150 11/29/2007 008023 STATER BROTHERS MARKETS rirshmnts:event dinner w/fire fighters 128.67 refreshments:EOC Shelter 89.88 218.55 120151 11/29/2007 008164 SUN CITY GRANITE INC engraving blank pavers: vet mem 2,312.32 2,312.32 120152 11/29/2007 009811 SUNNY HILLS TOWING LOWBED vehicle towing services: Tem. Police 170.00 170.00 SRVC 120153 11/29/2007 000305 TARGET BANK BUS CARD SRVCS gift cards:Spark of Love toy drive 1,000.00 1,000.00 120154 11/29/2007 000305 TARGET BANK BUS CARD SRVCS recreation supplies:mpsc 176.46 recreation supplies: c. museum 126.64 recreation supplies:teen prgm 117.70 recreation supplies: c. museum 67.06 misc. supplies:holiday parade event 66.72 misc. supplies:holiday parade event 56.70 611.28 120155 11/29/2007 009500 TEMEC ELECTRONICS, INC computer supplieslequip:I.S.lPWfTCSD 545.09 545.09 120156 11/29/2007 010679 TEMECULA AUTO City vehicle repair/maint:fire stn 84 x5749 100.02 REPAIR/RADIATOR City vehicle repair/maint:fire stn 84 x5804 100.02 200.04 120157 11/29/2007 000310 TEMECULA CREEK INN INC Deposit:emp recogn event 12/15/07 5,801.75 5,801.75 120158 11/29/2007 011603 TEMECULA CREEK RV STORAGE reimb:appraisal costslPech.Pkwy prjt 5,000.00 5,000.00 LLC 120159 11/29/2007 003677 TEMECULA MOTORSPORTS LLC motorcycle repair & maint:police 17.22 motorcycle repair & maint:police 12.71 29.93 120160 11/29/2007 004260 TEMECULA STAMP & GRAPHICS Stamps for office:fire prevention 65.73 65.73 120161 11/29/2007 000307 TEMECULA TROPHY COMPANY recognition plaques:tcsd 159.47 159.47 120162 11/29/2007 010046 TEMECULA VALLEY Sep '07 Bus. ImplY District Asmnts 49,101.99 49,101.99 CONVENTION & Page:16 apChkLst Final Check List Page: 17 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120163 11/29/2007 007340 TEMECULA VALLEY FIRE EQUIP. Kitchen equip inspection:crc 144.40 144.40 CO 120164 11/29/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 54.60 54.60 TAEKWONDO 120165 11/29/2007 010276 TIME WARNER CABLE Nov high speed internet Stn 92 117.82 117.82 120166 11/29/2007 004145 TIME WARNER TELECOM Nov City phones general usage 1,034.54 1,034.54 120167 11/29/2007 000668 TIMMY D PRODUCTIONS INC equip rental/sound tech:ee luncheon 1216 475.00 475.00 120168 11/29/2007 000319 TOMARK SPORTS INC sports equip:Winchester Crk Prk 51.48 51.48 120169 11/29/2007 003031 TRAFFIC CONTROL SERVICE INC safety uniforms: pw-traff div/maint div 1,185.42 1,185.42 120170 11/29/2007 011590 TRIPPET, KAREN refund:CPR/First Aid Combo/3205.205 60.00 60.00 120171 11/29/2007 004124 TRUELlNE tennis courts-Pala Pklhockey rink maint 6,052.50 6,052.50 120172 11/29/2007 010526 TUCKER, DON carriage rides:OT Dickens holiday 750.00 carriage rides:old tOVvTl events 10/28 650.00 1,400.00 120173 11/29/2007 007118 US TELEPACIFIC CORPORATION Nov Internet IP Addresses Block 1,566.04 1,566.04 120174 11/29/2007 008517 UNITED SITE SERVICES OF 11/8-1215/07 sec.fencing:Main st Bridge 26.40 26.40 CA,INC 120175 11/29/2007 000325 UNITED WAY United Way Charities Payment 68.00 68.00 120176 11/29/2007 004261 VERIZON Novxxx-0074 general usage 281.24 Nov xxx-0073 general usage 252.13 Novxxx-3143 PO Ovrld Office 133.63 Nov xxx-3564 alann 65.34 Novxxx-0714 PO Mall Alarm 34.80 Novxxx-4723 Police Storefront 33.73 Nov xxx-3984 M.Naggar 32.68 xxx-8573 general usage 32.68 Novxxx-5473 Moraga Rd 32.68 xxx-6084 general usage 31.72 930.63 Page:17 apChkLst Final Check List Page: 18 11/29/2007 5:26:04PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 120177 11/29/2007 004789 VERIZON ONLINE Nov Internet svcs xx2527 Police DSL 39.95 39.95 120178 11/29/2007 009101 VISION ONE INC Oct Showare ticketing srvcs:theater 1,608.40 1,608.40 120179 11/29/2007 003730 WEST COAST ARBORISTS INC 10/16-31/07 tree trimming svcs:cityVvide 11,052.00 tree removal srvcs:EOC operations 9,616.00 tree/stump removal: rancho highlands 612.00 tree removal srvcs: Rancho Vista Rd 516.00 tree trimming srvcs for fall:City Hall 375.00 22,171.00 120180 11/29/2007 000621 WESTERN RIVERSIDE COUNCIL Oct '07 TUMF Payment 257,352.00 257,352.00 OF 120181 11/29/2007 008402 WESTERN RIVERSIDE COUNTY Oct '07 MSHCP payment 70,212.67 70,212.67 120182 11/29/2007 011184 WESTRUX INTERNATIONAL INC. City vehicle repair & maintPW Maint Div 697.24 697.24 120183 11/29/2007 004774 WOODCREST UNIFORMS uniform srvcs:police/police volunteers 115.49 115.49 120184 11/29/2007 010193 WOOLSTENHULME, LUCIA TCSD Instructor Earnings 44.80 44.80 120185 11/29/2007 003776 ZOLL MEDICAL CORPORATION misc medical supplies:Paramedics 776.61 776.61 Grand total for UNION BANK OF CALIFORNIA: 2,869,718.23 Page:18 apChkLst 11/29/2007 5:26:04PM Final Check List CITY OF TEMECULA Page: 19 239 checks in this report. Grand Total All Checks: 2,869,718.23 Page:19 ITEM NO.4 Approvals City Attorney Director of Finance City Manager f/t!trl ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 11,2007 SUBJECT: Financial Statements for the Three Months Ended September 30, 2007 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: The City Council receives and files the Financial Statements for the Three Months Ended September 30, 2007. BACKGROUND: The attached financial statements reflect the unaudited activity of the City for the three months ended September 30,2007. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 2007 Statement of Revenues, Expenditures and Changes in Fund Balance for the three months ended September 30,2007 Combining Statement of Net Assets (Internal Service Funds) as of September 30, 2007, and Combining Statement of Revenues, Expenses and Changes in Net Assets (Internal Service Funds) for the three months ended September 30,2007. CITY OF TEMECULA Combining Balance Sheet as of September 30, 2007 and Statement of Revenues, Expenditures and Changes in Fund Balance for the Three months Ended September 30, 2007 and Combining Statement of Net Assets (Internal Service Funds) as of September 30,2007, and Combining Statement of Revenues, Expenses and Changes in Net Assets for theThree Months Ended September 30, 2007 (Unaudited) Prepared by the Finance Department C/TY OF TEMECULA Combining Balance Sheet As of September 30, 2007 General Gas Tax State Trans Dev Impact CDBG Fund Fund Fund Fund Fund Assets: Cash and Investments $45,295,784 $6,825 $5,220,459 Receivables 4,590,949 $305,016 58 70,489 $26,883 Due from Other Frmds 331,899 Advances to Other Fnnds 2,010,854 Deposits 117,588 Inventory 3,593 Total Assets $52,350,667 $305,016 $6,883 $5,290,948 $26,883 Liabilities and Fnnd Balances: Liabilities: Due to Other Funds $305,016 $26,883 Other Cment Liabilities $11,109,044 Deferred Revenue 1,168,712 $57,659 Total Liabilities 12,277,7 56 305,016 57,659 26,883 Frmd Balances: Reserved 5,138,849 Designated 34,934,062 $6,883 5,233,289 Undesignated Total Fund Balances 40,072,911 6,883 5,233,289 Total Liabilities and Fnnd Balances $52,350,667 $305,016 $6,883 $5,290,948 $26,883 NOTE: These Balances are Unaudited C/TYOF TEMECULA Combining Balance Sheet As of September 30, 2007 AB 2766 AB 3229 Measure A CIP Fund Fund Fund Fund TOTAL Assets: Cash and Investments $404,917 $5,709,948 $23,431,391 $80,069,324 Receivables 3,340 804,771 1,567,608 7,369,114 Due from Other Frmds 331,899 Advances to Other Fnnds 2,010,854 Deposits 11 7,588 Inventory 3,593 Total Assets $408,257 $6,514,719 $24,998,999 $89,902,372 Liabilities and Fnnd Balances: Liabilities: Due to Other Funds $99,520 $431,419 Other Cment Liabilities 3,184,784 14,293,828 Deferred Revenue 170,822 1,397,193 Total Liabilities 3,455,126 16,122,440 Frmd Balances: Reserved $5,138,849 Designated $408,257 $6,514,719 21,543,873 68,641,083 Undesignated Total Fund Balances 408,257 6,514,719 21,543,873 73,779,932 Total Liabilities and Fnnd Balances $408,257 $6,514,719 $24,998,999 $89,902,372 NOTE: These Balances are Unaudited 2 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund for the Three Months Ended Septemher 30, 2007 Annual Amended Budget YTD Activity Percent of Budget REVENUES: Sales Tax - State $23,565,960 $3,576,637 15% (I) Sales Tax - Triple Flip 7,855,320 0% (2) Developmental Services: Planning 1,141,107 204,537 18% Building & Safety 1,944,192 440,647 23% Land Development 1,884,020 252,362 13% Police 548,000 123,646 23% Fire 660,283 216,964 33% Grants 128,655 29,544 23% MotorVehic1e IuLien - State 1,100,000 150,492 14% (3) MotorVehic1e IuLien - Triple Flip 6,200,000 0% (2) Homeowner Property Tax Relief 78,000 0% (4) Property Tax 6,135,000 847,527 14% (2) Property Transfer Tax 700,000 142,754 20% Franchise Fees 2,931,000 487,108 17% Transient Occupancy Tax 2,500,000 637,816 26% Reimbursements - Financing 162,500 59,983 37% Reimbursements - Others 897,000 867,336 97% (5) Reimbursements from RDA 110,000 27,500 25% Reimbursements from elF 2,152,838 560,599 26% Investment Interest 1,649,000 881,076 53% (6) Business Licenses 308,000 23,440 8% (7) Vehicle Code Fines 1,200,000 179,367 15% (8) Miscellaneous 19,000 6,439 34% Right-of-Way Advertising 100,000 21,330 21% Operating Transfers In 1,822,500 688,407 38% TOTAL REVENUES $65,792,375 $10,425,511 16% NOTES - Revenues: 1) The reconciliation payment for the quarter ending September 07 is scheduled to be received in December 07. 2) Property taxes and "Triple Flip" revenues are scheduled to be received in January 08 and May 08. 3) Annual AB 1600 Motor Vehicle In Lieu payment for Redhawk annexation is expected to be received in January 08. 4) Homemvner's Property Tax Reliefpayments are scheduled to received in December 07. 5) The variance is primarily due to T ASIN/SB62l monies for Police programs received during this quarter. 6) The variance is primarily due to conservatively estimating interest earnings. 7) Business License renewals \Vill begin in December 07 and January 08. 8) September 07 Vehicle Fines expected to be received from the County by the end of November 07. 3 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund for the Three Months Ended September 30, 2007 Annual YTD Amended YTD Activity & Percent Budget Activity Encumbrances Encumbrances of Budget Expenditures: City Conneil $507,945 $129,101 $39,689 $168,790 33% Community Support 281,400 59,323 32,250 91,573 33% City Manager 1,294,378 289,390 92,651 382,041 30% Economic Development 928,164 231,998 198,861 430,859 46% (9) City Clerk 1,044,518 246,203 13,185 259,388 25% City Attorney 760,000 208,952 208,952 27% Finance 2,175,919 502,238 27,811 530,049 24% Human Resources 727,119 166,216 110,291 276,507 38% Planning 4,086,941 871,886 500,676 1,372,562 34% Building & Safety 2,724,938 584,378 363,876 948,254 35% Land Development 2,030,847 464,775 17,585 482,360 24% Public Warks 7,893,737 2,004,237 1,209,263 3,213,500 41% (9) elP Administration 2,865,251 638,730 4,391 643,121 22% Police 20,559,785 4,014,515 287,408 4,301,923 21% Fire 5,779,042 1,201,502 87,557 1,289,059 22% Animal Control 170,000 39,000 39,000 23% Non-Departmental 10,592,086 2,300,648 2,300,648 22% Total Expenditures (Excluding Transfers) 64,422,070 13,953,092 2,985,494 16,938,586 26% Revenues Over/(Under) Expenditures 18,296 (3,527,581) Other Financing Sources (uses): Transfers Out (1,327,364) (331,841) Revenues Over/(Under) Expenditures and Other Financing Sources(uses) (1,309,068) (3,859,422) Beginning Flllld Balance, July 1, 2007 43,932,333 43,932,333 Ending Flllld Balance, September 30, 2007 $42,623,265 $40,072,911 NOTES - Expenditures: 9) The variance is due to planned activities for services that have not yet been incurred during this quarter. 4 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund for the Three Months Ended September 30, 2007 Annual Amended Budget Total Activity Percent of Budget Revenues: Section 2105-2107 Investment Interest Total Revenues $1,722,500 1,722,500 $454,519 13 454,532 26% 26% Other Financing Sources (uses): Transfers Out 1,722,500 646,472 38% (I) Revenues Over/(Under) Other Financing Sources(use, (191,940) Beginning Fund Balance, July 1, 2007 191,940 191,940 Ending Fund Balance, September 30, 2007 $191,940 Notes: 1) The transfers out include carryover fund balance which was transferred during this quarter. At mid-year, City staff will verify revenue estimates and determine the necessary adjustments. 5 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual State Transportation Fund for the Three Months Ended September 30, 2007 Annual Amended Total Percent Budget Activity of Budget Revenues: Traffic Congestion Relief Investment Interest $62 Total Revenues 62 Other Financing Sources (uses): Transfers Out Revenues Over/(Under) Other Financing Sources (uses) 62 Beginning Fund Balance, July 1, 2007 $6,821 6,821 Ending Fund Balance, September 30, 2007 $6,821 $6,883 6 City of Temecu/a Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund for the Three Months Ended September 30, 2007 Annual Amended Total Percent Budget Activity of Budget Revenues: Open Space $198,331 $24,286 12% Investment interest 75,182 Quimby 117 ,244 116,475 99% Street improvements 2,847,592 199,080 7% Traffic signals 403,547 28,889 7% Parks 571 ,855 8,700 2% Corporate facilities 337,544 45,640 14% Fire protection 190,361 14,488 8% Library 260,349 37,278 14% Public Art 48,176 11,635 24% Police 159,191 7,990 5% Total Revenues 5,134,190 569,643 11 % (I) Other Financing Sources(uses): Transfers Out (12,857,886) (3,090,000) 24% (2) Revenues Over/(Under) Other Financings Sources (uses) (7,723,696) (2,520,357) 33% Beginning Fund Balance, July 1, 2007 7,753,646 7,753,646 Ending Fund Balance, September 30, 2007 $29,950 $5,233,289 Notes: 1) The variance in revenues is due to a continued decline in building activity for residential and commercial developments. 2) The variance in expenditures is due to Capital Improvements Projects [lIDded with DIF that have started but not yet completed during this quarter. 7 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant for the Three Months Ended September 30, 2007 Annual Amended Budget Total Activity Percent of Budget Revenues: Grant Revenue $2,120,808 2,120,808 Total Revenues Expenditures: Other Outside Services 63,346 63,346 Total Expenditures Revenues Over/(Under) Expenditures 2,057,462 Other Financing Sources(uses): Transfers Out (2,057,462) Revenues Over/(Under) and Other Financing Sources(uses): Beginning Flllld Balance, July 1, 2007 Ending Flllld Balance, September 30, 2007 Notes: 1) The Temecula Community Center Expansion is in early stages and the Old Town Gymnasium has not yet begllll. Revenues are based on reimbursements related to the projects. 8 (1) (1) City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund for the Three Months Ended September 30, 2007 Annual Amended Total Percent Budget Activity of Budget $108,000 (I) $3,569 108,000 3,569 3% Revenues: AB 2766 Investment Interest Total Revenues Expenditures: Other Outside Services Total Expenditures Revenues Over/(Under) Expenditures 108,000 3,569 Other Financing Sources (uses): Transfers Out (165,974) (2) Revenues Over/(Under) Expenditures and Other Financing Sources(uses) (57,974) 3,569 Beginning Fund Balance, July 1, 2007 404,688 404,688 Ending Fund Balance, September 30, 2007 $346,714 $408,257 Notes: 1) The first quarterly payments from South Coast Air Quality is not scheduled to be received nntil December. 2) The Alternative Fueling Station and T emecula Park and Ride Projects budgeted in this fund have not yet commenced. 9 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 3229 COPS for the Three Months Ended September 30, 2007 Annual Amended Budget Total Activity Percent of Budget Revenues: Total Revenues $100,000 100,000 (I) AB 3229 - COPS Expenditures: Other Outside Services Total Expenditures Revenues Over/(Under) Expenditures Other Financing Sources(uses): Transfers Out 100,000 (100,000) Revenues Over/(Under) Expenditures and Other Financing Sources (uses) Beginning Fund Balance, July 1, 2007 Ending Fund Balance, September 30, 2007 Notes: 1) Revenue from State is not expected to be received until January ofthis fiscal year. 10 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" for the Three Months Ended September 30, 2007 Annual Amended Total Percent Budget Activity of Budget Revenues: Measure" A" $3,925,000 $896,775 23% Investment Interest 52,742 Total Revenues 3,925,000 949,517 24% Expenditures: Debt Service - Principal 517,447 128,841 25% Debt Service - Interest 48,107 12,537 26% Total Expenditures 565,554 141,378 25% Revenues Over/(Under) Expenditures 3,359,446 808,139 Other Financing Sources (uses): Transfers Out (5,923,661) (250,000) Revenues Over/(Under) Expenditures and Other Financing Sources(uses) (2,564,215) 558,139 Beginning Fund Balance, July 1, 2007 5,956,580 5,956,580 Ending Fund Balance, September 30, 2007 $3,392,365 $6,514,719 11 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund for the Three Months Ended September 30, 2007 Annual Percen t Amended YTD Total of Budget Activity Encumbrances Activity Budget REVENUE: Operating Transfers In $73,131,656 $4,354,895 $4,354,895 6% Grants 13,979,186 0 0% Reimbursements 2,601,467 398,204 398,204 15% Reimbursements- TUMF 6,507,498 122,933 122,933 2% Reim bursements- T AS IN/SB621 2,228,119 1,826,119 1,826,119 82% Investment interest 88,221 88,221 TOTAL REVENUES $98,447,926 $6,790,372 $6,790,372 7% EXPENDITURES: Murrieta Creek Bridge/Overland Extension 165-602 163,620 4,484 $96,755 101,239 62% Pauha Road Improvements II 165-606 9,956 9,945 9,945 100% Abbott Corporation Improvement - Phase 2 165-620 750,000 0 0% Medians- City Wide 165-622 190,000 0 0% Rancho Cal Wide Old Town Front 165-624 1,433,609 752,510 680,981 1,433,491 100% Highway 79 South Medians 165-625 17,332 11,188 11,188 65% Western Bypass Corridor - Phase I 165-628 237,931 25,696 158,953 184,649 78% Pala Road Bridge 165-631 2,871 2,871 2,871 100% Diaz Realignment Vincent Moraga 165-632 1,457,150 596,778 785,667 1,382,445 95% Closed Caption TV Install SR79S Pechanga 165-635 183,679 134,640 134,640 73% Old To\Vll Infrastructure-Mercedes/Main Sts. 165-636 2,622,462 24,129 40,520 64,649 2% SR 79 S I Pechanga Parkway Dual Right Turn Lanes 165-637 406,429 27,003 5,023 32,026 8% Winchester Rd / SR 79 N Corridor Beautification 165-638 3,341,849 55,403 151,174 206,577 6% Alternative Fueling Station 165-639 150,000 0 0% Emergency Communications Projects 165-640 60,000 0 0% 1-15 Sign Replacement Temecula PkwylHvvy 79S 165-641 262,841 35,762 94,030 129,792 49% Old To\Vll Infrastructure Projects - Civic Plaza 165-643 2,416,137 60,539 152,203 212,742 9% Old To\Vll Infrastructure- Parking Structure/office/RI: 165-644 18,488,888 324,741 819,806 1,144,547 6% Old To\Vll Infrastructure - Relocate/Grading/Demo. 165-645 928,034 45,099 18,114 63,213 7% Old To\Vll Infrastructure - Undergrolllld Utilities 165-646 2,083,478 5,532 5,532 0% Pavement Rehabilitation 165-655 2,000,000 0 0% Pavement Rehabilitation - De Portola Road 165-656 2,056,067 21,026 106,660 127,686 6% Pavement Rehabilitation-STPL Project 165-657 3,084,179 71,333 86,450 157,783 5% Western Bypass BridgelMurrieta Creek 165-660 345,950 1,149 299,371 300,520 87% 1-15/79S Interchange- Ultimate 165-662 797,554 10,218 71,659 81,877 10% Temecula Park & Rideffransit Center 165-664 207,000 0 0% Temecula Police Storefront 165-665 587 0 0% Santiago Detention Basin 165-666 150,744 24,165 105,900 130,065 86% Pechanga Parkway Improvements 165-668 13,676,249 123,712 38,633 162,345 1% Signals- Butterfield Stage @ Welton 165-669 225,000 0 0% 12 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund for the Three Months Ended September 30, 2007 Annual Percen t Amended YTD Total of Budget Activity Encumbrances Activity Budget Flashing Beacons 165-670 20,000 0 0% Temecula City Entry Monumentation 165-671 25,000 0 0% Signals- Meadows at McCabe 165-672 225,000 0 0% Signals-Rancho eal at Business Park West 165-673 225,000 29,040 33,356 62,396 28% Bridge Fencing Architect Enhancements 165-674 205,500 3,637 185,343 188,980 92% Temecula Children's Museum Refurbish 165-675 100,000 1,508 2,405 3,913 4% Highway 79 South Stripping 1-15 Pechanga 165-676 161,250 155 155 0% Temecula Creek Crossing Highway 79 South 165-677 150,000 0 0% Diaz Road Extension at Cherry St. 165-684 300,000 0 0% Traffic Signal Equipment Installation 165-712 344,986 0 0% French Valley Parkway S.B. off Jefferson 165-719 715,614 181,003 497,666 678,669 95% Butterfield Stage Rd. Extension 165-723 20,825,000 0 0% French Valley Parkway 1-15 Overcrossing 165-726 8,522,209 52,565 396,840 449,405 5% Fire Station Wolf Creek 165-733 591,954 101,627 364,694 466,321 79% Murrieta Creek Improvements 165-735 150,000 0 0% Pedestrian Bicycle Bridge - CHS 165-738 516,445 320 320 0% Santa Gertrudis Creek Pedestrian Trail 165-739 470,000 0 0% Fire Station Roripaugh Ranch 165-741 641,185 12,486 340,080 352,566 55% Maintenance Facility Expansion 165-742 2,620,127 1,703,273 781,244 2,484,517 95% Main St. Bridge I Murrieta Creek 165-743 1,244,204 1,344 454,112 455,456 37% Long Canyon Detention Basin 165-746 238,650 0 0% Temecula Park & Ride 165-747 144,645 19,462 103,932 123,394 85% Old To\Vll Properties Master Plan 165-751 5,012,462 348,562 4,289,414 4,637,976 93% Roller Hockey Rink 190-137 271,000 0 0% Murrieta Creek Multi-Purpose Trail 190-142 2,560,203 23,873 1,476,372 1,500,245 59% Redhawk Park Improvements 190-144 299,087 2,010 972 2,982 1% Vail Ranch Park Site D 190-160 33,000 0 0% Patricia H. Birdsall Sports Park 190-173 119,358 11,774 66,878 78,652 66% Play Structure Retrofit at Various Parks 190-179 62,805 62,805 62,805 100% Multi-Trails System Cityvvide 190-185 8,036 141 141 2% Old To\Vll Gymnasium 190-186 497,095 7,950 1,000 8,950 2% Ronald Reagan S ports Channel Silt 190-187 457,050 20,328 56,497 76,825 17% Dog Parks Areas Various City Parks 190-190 110,913 51,540 4,900 56,440 51% Roripaugh Rancho Open Space Trails 190-195 59,126 12,622 12,622 21% Temecula Community Center Expansion 190-197 2,101,715 116,991 17,942 134,933 6% TES- Svvimming Poll Renovation 190-198 3,189 2,478 2,478 78% Library 199-129 796,676 48,901 623,913 672,814 84% Old To\Vll Land Acquisition 199-131 9,530 1,833 749 2,582 27% TOTAL EXPENDITURES 108,587,610 4,967,540 13,628,819 18,596,359 17% Revenues Over/(Under) Expenditures (10,139,684) 1,822,832 Beginning Flllld Balance, July 1, 2007 19,721,041 19,721,041 Ending Flllld Balance, September 30, 2007 $9,581,357 $21,543,873 NOTES: 1) The variance is primarily due to a majority ofTASIN/SB 621 budget for CIP projects received during this quarter. 2) The variances in the Capital Improvement Flllld revenues and expenditures are due to the timing of when the various projects are actually started and costs are incurred 13 City of Temecula Internal Service Funds Combining Statement of Net Assets As of Septem ber 30, 2007 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total ASSETS: Cash and investments $1,551,048 $584,667 $1,014,234 $329,007 $192,820 $3,671,776 Receivables 11,811 4,112 14,493 2,347 2,064 34,827 Prepaid assets 161,127 161,127 Property, plant and equipment (net of 1,383,999 464,172 149,824 1,997,995 accumulated depreciation) TOTAL ASSETS $1,723,986 $1,972,778 $1,492,899 $481,178 $194,884 $5,865,725 LIABILITIES AND NET ASSETS: LIABILITIES: Current Liabilities $452,407 $233,949 $183,920 $51,170 $921,446 Capital Leases Payable 23,167 23,167 TOTAL LIABILITIES 452,407 0 233,949 207,087 51,170 944,613 NET ASSETS: TOTAL NET ASSETS $1,271,579 $1,972,778 $1,258,950 $274,091 $143,714 $4,921,112 NOTE: These balances are lUlaudited. 14 City of Temecula Combining Statement of Revenues, Expenses and Changes in Net Assets Internal Service Funds for the Three Months Ended September 30, 2007 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total REVENUES: Investment Interest $12,593 $4,393 $6,047 $2,495 $766 $26,294 Charges for Services 170,787 90,783 527,733 70,733 170,630 1,030,666 TOTAL REVENUES 183,380 95,176 533,780 73,228 171,396 1,056,960 EXPENSES: Salaries & Wages 13,484 340,611 40,854 70,540 465,489 Operating Expenses 171,116 141,441 7,163 100,839 420,559 Interest 4,292 4,292 Depreciation 83,530 49,411 15,483 148,424 TOTAL EXPENSES 184,600 83,530 531,463 67,792 171,379 1,038,764 Revenues Over/CUnder) Expenses (1,220) 11,646 2,317 5,436 17 18,196 Net Assets, July 1, 2007 1,272,799 1,961,132 1,256,633 268,655 143,697 4,902,916 Net Assets, September 30, 2007 $1,271,579 $1,972,778 $1,258,950 $274,091 $143,714 $4,921,112 15 ITEM NO.5 Approvals City Attorney Director of Finance City Manager fItM1. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 11,2007 SUBJECT: City Treasurer's Report as of October 31, 2007 PREPARED BY: Rudy Graciano, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: Approve and file the City Treasurer's Report as of October 31, 2007. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of October 31,2007. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of October 31, 2007 City of Temecula, California Portfolio Management Portfolio Summary October 31, 2007 City of Temecula 43200 Business Park Drive P.O.80X9033 Temecula, CA, 92590 (951)694-6430 Po, Market Book %01 Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 350 Equiv. 365 Equiv. Certificat6<3ofDep.asit-Bart 970,451.03 970,451.03 970,451.03 0.51 1,079 W 5.548 5.B25 Managed Pool Accolllts B9,515,842.22 B9,515,542.22 B9,515,842.22 3BAB , , 5.037 5.107 Letter of Credit TOG TOG 3.00 O.OG , , O.OGG O.OGG LccalAgencylnv6<3tmeriFunds B5,915,181.31 B5,941,718.17 B5,915,181.31 34.57 , , 5.GB? 5.137 FederalAgE>llcyCallableSecurities 47,215,000.00 47,277,5&0.70 47,213,125.00 24.lB 1,413 nc 4.291 4.351 FederalAgE>llcyBuletS~llities 2,GGG,GGO.OG 2,015,000.00 2,GGG,GGO.OG '.05 no <e" 5.0B1 5.132 Investment Contracts 5,GBB,400.7B 5,GBB,400.7B 5,GBB,4W.7B 2.BB 9,33B 7,249 4.289 4.349 190,682,966.32 190,787,363.88 190,681,091.32 100.00% 612 392 4.846 4.913 Investments Cash and Accrued Interest Passbook/Chockirr;] 3,475,G0G.77 3,475,G0G.77 3,475,GW.77 G.299 G.3G3 (notincludooin'yieldcalculatioos) Accrued Interest at plfchase 1B,9G1.4G 1B,9Gl.4G Subtotal 3,491,902.17 3,491,902.17 Total Cash and Investments 194,158,047.09 194,279,346.05 194,173,073.49 612 392 4.846 4.913 Total Earnings October 31 Month Ending Fiscal Year To Date CurrentYear 802,515.99 3,888,232.06 Average Daily Balance 191,801,888.07 202,941,790.31 Effective Rate of Return 4.93% 5.69% Reporting period 1010112007-10/3112007 Portfolio TEME CP PM(PRF]Ml)SymFep8.41.2D2a ReportVer.5.DD Run Date: 11!3O'20D7.15:38 City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments October 31, 2007 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Certificates of Deposit - Bank 94686006-1 03-4 RESERVE USBANK 08/29/2007 96,467.50 96,467.50 96,467.50 5.080 5.080 5.151 123 03103/2008 95453518-2 88-12 GENIM2 USBANK 06/12/2007 873,983.53 873,983.53 873,983.53 5.600 5.600 5.678 1,035 09/01/2010 --- Subtotal and Average 970,451.03 970,451.03 970,451.03 970,451.03 5.548 5.625 944 Managed Pool Accounts 104348008 01-2 IMP First American Treasury 251,451.84 251,451.84 251,451.84 4.120 4.064 4.120 104348006 01-2 RES A First American Treasury 462,739.96 462,739.96 462,739.96 4.120 4.064 4.120 104348016 01-2 RES B First American Treasury 213,018.52 213,018.52 213,018.52 4.120 4.064 4.120 104348000 01-2 SP TAX First American Treasury 30,612.97 30,612.97 30,612.97 4.120 4.064 4.120 94669911 03-1 ACOA1 First American Treasury 4,177.76 4,177.76 4,177.76 4.120 4.064 4.120 94669921 03-1 ACOB1 First American Treasury 14,777.53 14,777.53 14,777.53 4.120 4.064 4.120 94669902 03-1 BOND First American Treasury 0.34 0.34 0.34 2.940 2.900 2.940 94669916 03-1 RES B First American Treasury 243,667.92 243,667.92 243,667.92 4.120 4.064 4.120 94669000 03-1 SPTAX First American Treasury 146,782.29 146,782.29 146,782.29 4.120 4.064 4.120 793593011 03-2 ACO First American Treasury 89,987.78 89,987.78 89,987.78 4.120 4.064 4.120 793593009 03-2 EMW D First American Treasury 4,135.54 4,135.54 4,135.54 4.120 4.064 4.120 793593007 03-2 IMP First American Treasury 3,365.43 3,365.43 3,365.43 4.120 4.064 4.120 793593010 03-2 PW ADM First American Treasury 2,002.06 2,002.06 2,002.06 4.120 4.064 4.120 793593006 03-2 RES First American Treasury 359.40 359.40 359.40 4.120 4.064 4.120 793593000 03-2 SP TX First American Treasury 1,499.60 1,499.60 1,499.60 4.120 4.064 4.120 744727011 03-3 ACO 1 First American Treasury 8,891.10 8,891.10 8,891.10 4.120 4.064 4.120 744727002 03-3 BON D First American Treasury 0.51 0.51 0.51 3.920 3.866 3.920 744727007 03-3 CITY 1 First American Treasury 155.17 155.17 155.17 4.120 4.064 4.120 744727009 03-3 EMW D 1 First American Treasury 1,285.71 1,285.71 1,285.71 4.120 4.064 4.120 94669000 03-3 SP TAX First American Treasury 62,910.92 62,910.92 62,910.92 4.120 4.064 4.120 94686001 03-4 ADMIN First American Treasury 17,488.76 17,488.76 17,488.76 4.120 4.064 4.120 94686005 03-4 PREPMT First American Treasury 3,981.08 3,981.08 3,981.08 4.120 4.064 4.120 94686000 03-4 REDEMP First American Treasury 7,213.23 7,213.23 7,213.23 4.120 4.064 4.120 94686006 03-4 RES First American Treasury 11,724.08 11,724.08 11,724.08 4.120 4.064 4.120 78776002 03-6 BON D First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740 786776007 03-6 IMP First American Treasury 17.78 17.78 17.78 4.110 4.054 4.110 786776006 03-6 RES First American Treasury 340,305.29 340,305.29 340,305.29 4.120 4.064 4.120 786776000 03-6 SP TAX First American Treasury 685.90 685.90 685.90 4.120 4.064 4.120 95453510 88-12 BOND First American Treasury 43,242.40 43,242.40 43,242.40 4.120 4.064 4.120 95453518 88-12 GEN I First American Treasury 07/01/2007 14,042.77 14,042.77 14,042.77 4.120 4.064 4.120 107886000 RDA 06 A INT First American Treasury 36,110.30 36,110.30 36,110.30 4.120 4.064 4.120 107886010 RDA 06 B INT First American Treasury 1,949.34 1,949.34 1,949.34 4.120 4.064 4.120 107886008 RDA 06 CIP A First American Treasury 1,121.43 1,121.43 1,121.43 4.120 4.064 4.120 Portlolio TEME CP Run Date: 11/30/2007-15:36 PM (PRF _PM2) SymRept 6.41.202a ReportVer.5.00 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments October 31, 2007 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886018 RDA 06 CIP B First American Treasury 6,673.35 6,673.35 6,673.35 4.120 4.064 4.120 107886009 RDA 06 COI A First American Treasury 0.00 0.00 0.00 4.120 4.064 4.120 107886019 RDA 06 COI B First American Treasury 0.00 0.00 0.00 4.120 4.064 4.120 107886016 RDA 06 RES B First American Treasury 8,731.45 8,731.45 8,731.45 4.120 4.064 4.120 94434160 RDA TABs INT First American Treasury 711.98 711.98 711.98 4.120 4.064 4.120 94432360 TCSD COPs IN First American Treasury 719.84 719.84 719.84 4.120 4.064 4.120 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 07/01/2007 40,256,406.28 40,256,406.28 40,256,406.28 5.137 5.067 5.137 793593009-1 03-2-1 EMW D CA Local Agency Investment Fun 07/01/2007 1,472,450.25 1,472,450.25 1,472,450.25 5.137 5.067 5.137 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01/2007 1,132,887.26 1,132,887.26 1,132,887.26 5.137 5.067 5.137 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01/2007 682,157.81 682,157.81 682,157.81 5.137 5.067 5.137 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 07/01/2007 3,673,546.15 3,673,546.15 3,673,546.15 5.137 5.067 5.137 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 17,372,273.61 17,372,273.61 17,372,273.61 5.137 5.067 5.137 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 2,889,577.51 2,889,577.51 2,889,577.51 5.137 5.067 5.137 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190 --- Subtotal and Average 69,070,361.88 69,515,842.22 69,515,842.22 69,515,842.22 5.037 5.107 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2007 1.00 1.00 1.00 0.000 0.000 793593006-2 02006 Citibank, NA 07/01/2007 1.00 1.00 1.00 0.000 0.000 793593006-1 02005 Ohio Savings Bank 07/01/2007 1.00 1.00 1.00 0.000 0.000 --- Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 Local Agency Investment Funds 94669911-1 03-1 ACO A2 CA Local Agency Investment Fun 1,450,873.50 1,450,873.50 1,450,873.50 5.137 5.067 5.137 94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,659,694.09 3,659,694.09 3,659,694.09 5.137 5.067 5.137 744727011-1 03-3 ACO 2 CA Local Agency Investment Fun 8,839,657.38 8,839,657.38 8,839,657.38 5.137 5.067 5.137 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,891,271.89 2,891,271.89 2,891,271.89 5.137 5.067 5.137 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 629,657.31 629,657.31 629,657.31 5.137 5.067 5.137 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 498,820.87 498,820.87 498,820.87 5.137 5.067 5.137 SYSCITY CITY CA Local Agency Investment Fun 20,524,216.82 20,535,576.64 20,524,216.82 5.137 5.067 5.137 SYSRDA RDA CA Local Agency Investment Fun 25,120,088.48 25,133,992.02 25,120,088.48 5.137 5.067 5.137 SYSTCSD TCSD CA Local Agency Investment Fun 2,300,900.97 2,302,174.47 2,300,900.97 5.137 5.067 5.137 --- Subtotal and Average 66,106,011.17 65,915,181.31 65,941,718.17 65,915,181.31 5.067 5.137 Passbook/Checking Accounts 74727006 03-3 RESERVE USBANK 08/31/2007 0.00 0.00 0.00 0.000 0.000 --- Subtotal and Average 774,637.64 0.00 0.00 0.00 0.000 0.000 0 Portlolio TEME CP Run Date: 11/30/2007-15:36 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Page 4 Portfolio Details - Investments October 31, 2007 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 31331XCZ3 01057 Federal Farm Credit Bank 11/13/2006 1,000,000.00 1,000,310.00 1,000,000.00 5.250 5.178 5.250 743 11/13/2009 31331XMA7 01058 Federal Farm Credit Bank 01/18/2007 2,000,000.00 2,003,760.00 2,000,000.00 5.400 5.326 5.400 1,539 01/18/2012 3133X4M1 01075 Federal Farm Credit Bank 09/28/2007 1,000,000.00 1,002,190.00 1,000,000.00 5.000 4.932 5.000 1,793 09/28/2012 3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 3,041,429.50 3,050,000.00 3.100 3.058 3.101 6B 01/08/2008 3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,955,749.20 2,965,000.00 3.000 2.960 3.001 67 01/07/2008 3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,992,500.00 3,000,000.00 3.000 2.960 3.001 57 12/28/2007 3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 997,500.00 1,000,000.00 3.000 2.960 3.001 57 12/28/2007 3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 996,880.00 1,000,000.00 3.150 3.108 3.151 74 01/14/2008 3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,993,120.00 2,000,000.00 3.070 3.029 3.071 75 01/15/2008 3133X5K49 01020 Federal Home Loan Bank 04116/2004 1,000,000.00 996,880.00 1,000,000.00 3.125 3.083 3.126 76 01/16/2008 3133X5QF8 01021 Federal Home Loan Bank 04122/2004 2,000,000.00 1,992,500.00 2,000,000.00 3.000 2.960 3.001 B2 01/22/2008 3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,994,380.00 2,000,000.00 3.520 3.473 3.521 90 01/30/2008 3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,999,070.00 2,998,125.00 4.375 4.347 4.407 50 12/21/2007 3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,998,120.00 2,000,000.00 4.500 4.438 4.500 14B 03/28/2008 3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 999,380.00 1,000,000.00 4.230 4.174 4.232 57 12/28/2007 3133XKGD1 01063 Federal Home Loan Bank 04/25/2007 200,000.00 200,562.00 200,000.00 5.250 5.177 5.249 B97 04/16/2010 3133XKGD1 01064 Federal Home Loan Bank 04/26/2007 1,000,000.00 1,002,810.00 1,000,000.00 5.250 5.177 5.249 B97 04/16/2010 3133XL4P5 01066 Federal Home Loan Bank 06/04/2007 1,000,000.00 1,004,060.00 1,000,000.00 5.300 5.227 5.300 946 06/04/2010 3133XL6S7 01067 Federal Home Loan Bank 06/06/2007 1,000,000.00 1,006,880.00 1,000,000.00 6.000 5.918 6.000 1,679 06/06/2012 3133XLBS1 01068 Federal Home Loan Bank 07/19/2007 1,000,000.00 1,005,630.00 1,000,000.00 5.500 5.423 5.498 967 06/25/2010 3133XLSQ7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,018,130.00 1,000,000.00 5.650 5.573 5.650 1,733 07/30/2012 3133XLXW8 01071 Federal Home Loan Bank 08/15/2007 1,000,000.00 1,006,250.00 1,000,000.00 5.500 5.425 5.500 1,749 08/15/2012 3133XK2N4 01072 Federal Home Loan Bank 08/24/2007 2,000,000.00 2,018,120.00 2,000,000.00 5.330 5.256 5.329 1,587 03/06/2012 3133XM5R8 01073 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,008,750.00 1,000,000.00 5.080 5.011 5.080 1,394 08/26/2011 3133XM5E7 01074 Federal Home Loan Bank 08/28/2007 1,000,000.00 1,009,060.00 1,000,000.00 5.220 5.135 5.206 1,762 08/28/2012 3133XMDMO 01077 Federal Home Loan Bank 10/02/2007 1,000,000.00 1,000,940.00 1,000,000.00 5.300 5.227 5.300 1,797 10/02/2012 3133XMLM1 01079 Federal Home Loan Bank 10/17/2007 1,000,000.00 1,001,880.00 1,000,000.00 5.000 4.930 4.999 1,446 10/17/2011 3133XMLG4 01080 Federal Home Loan Bank 10/18/2007 1,000,000.00 1,003,440.00 1,000,000.00 5.200 5.128 5.200 1,804 10/09/2012 3133XKH24 1062 Federal Home Loan Bank 04/16/2007 1,000,000.00 1,008,130.00 1,000,000.00 5.250 5.178 5.250 1,628 04/16/2012 3128X6ML7 01076 Federal Home Loan Mtg Corp 10/01/2007 1,000,000.00 1,002,970.00 1,000,000.00 5.000 4.932 5.000 1,065 10/01/2010 3128X6MQ6 01081 Federal Home Loan Mtg Corp 10/18/2007 1,000,000.00 1,002,410.00 1,000,000.00 5.250 5.177 5.249 1,796 10/01/2012 31398ADF6 01070 Federal National Mtg Assn 08/09/2007 1,000,000.00 1,005,940.00 1,000,000.00 5.600 5.521 5.598 1,685 06/12/2012 3136F8TE5 01078 Federal National Mtg Assn 10/15/2007 1,000,000.00 1,002,190.00 1,000,000.00 5.002 4.936 5.005 1,352 07/15/2011 31398ABC5 1065 Federal National Mtg Assn 05/11/2007 1,000,000.00 1,005,940.00 1,000,000.00 5.300 5.227 5.300 1,649 05/07/2012 --- Subtotal and Average 47,309,899.19 47,215,000.00 47,277,860.70 47,213,125.00 4.291 4.351 765 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,014,690.00 1,000,000.00 5.000 4.933 5.002 937 OS/26/2010 Portlolio TEME CP Run Date: 11/30/2007-15:36 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments October 31, 2007 Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 3133XJRX8 01060 Federal Home Loan Bank 01/30/2007 1,000,000.00 1,000,310.00 1,000,000.00 5.250 5.189 5.261 29 11/30/2007 --- Subtotal and Average 2,000,000.00 2,000,000.00 2,015,000.00 2,000,000.00 5.061 5.132 483 Investment Contracts 94669906-1 03-1 RESA2 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,435 08/31/2033 744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,800 08/31/2034 95453518-1 88-12 GEN 1M IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,592 09/01/2017 95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531 ,468.76 1,531 ,468.76 1,531,468.76 5.430 5.509 5.585 3,592 09/01/2017 --- Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,249 Total and Average 191,801,888.07 190,682,966.32 190,787,363.88 190,681,091.32 4.846 4.913 392 Run Date: 11/30/2007-15:36 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Cash October 31, 2007 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Market Value Retention Escrow Account SYSBARN HART 1 BARN HART 1 California Bank & Trust 134,314.87 134,314.87 PREMIER BANK PREMIER BANK PREMIER BANK 105.91 105.91 PFF BANK & TRUS PFF BANK PFF BANK & TRUST 370,777.27 370,777.27 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2007 3,210.00 3,210.00 SYSFlex Ck Acet Flex Ck Acet Union Bank of California 07/01/2007 23,724.42 23,724.42 SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2007 2,927,749.80 2,927,749.80 SYSParking Ck PARKING CITA Union Bank of California 07/01/2007 15,198.50 15,198.50 Average Balance 0.00 Accrued Interest at Purchase 16,901.40 Subtotal 3,491,982.17 Total Cash and Investmentss 191,801,888.07 194,158,047.09 194,279,346.05 Run Date: 11/30/2007-15:36 Page 6 Stated YTM YTM Days to Book Value Rate 360 365 Maturity 134,314.87 3.040 2.998 3.040 105.91 5.000 4.932 5.000 370,777.27 1.736 1.712 1.736 3,210.00 23,724.42 2,927,749.80 15,198.50 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 16,901.40 3,491,982.17 194,173,073.49 4.846 4.913 392 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a CASH AND INVESTMENT REPORT CITY OF TEMECULA THROUGH OCTOBER 2007 001 GENERAL FUND 100 STATE GAS TAX FUND 101 STATE TRANSPORTATION FUND 120 DEVELOPMENT IMPACT FUND 140 COMMUNITY DEV BLOCK GRANT 150 AB 2766 FUND 160 AB 3229 COPS 165 RDA DEV LOW/MOD 20% SET ASIDE 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAl NT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECT FUND 261 CFD 88-12 ADMIN EXPENSE FUND 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 272 CFD 01-2 HARVESTON A&B IMPROVEMENT FUND 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 274 AD 03-4 JOHN WARNER IMPROVEMENT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND 277 CFD-RORIPAUGH 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA 2002 TABS DEBT SERVICE 390 TCSD 2001 COP'S DEBT SERVICE 460 CFD 88-12 DEBT SERVICE FUND 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 471 CFD 98-1 WINCHESTER HILLS DEB SERVICE 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD- RORIPAUGH Fund Total 45,428,143.95 305,010.58 6,883.00 5,500,181.51 0.00 408,249.83 0.00 9,613,597.19 6,217,612.96 1,386,969.34 233.04 74,243.69 202,021.44 35,074.40 231,752.68 1,295,118.72 22,342,062.51 0.00 0.00 251,451.84 5,129,522.88 0.00 12,370,918.56 498,838.65 42,959,232.54 22,585,543.26 1,559,433.37 590,140.81 844,386.01 314,238.46 171,002.21 745,579.25 11,634.82 3,321,143.83 0.00 0.00 781,791.95 1,298,173.91 153,478.69 2,529,203.09 351,850.08 4,764,627.00 Grand Total: $ 194,279,346.05 ITEM NO.6 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 11,2007 SUBJECT: City of Temecula Proposed Certificates of Participation - Designation of Consultants RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 07- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED EXECUTION AND DELIVERY OF CERTIFICATES OF PARTICIPATION TO FINANCE A PORTION OF THE CONSTRUCTION OF A NEW CIVIC CENTER FACILITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO BACKGROUND: On April 10, 2007, the City approved the Professional Services Agreement with Nichols, Melburg & Rossetto for design of the Old Town Civic Center Phase II. The Phase II Old Town Civic Center Project will consist of a civic center building of approximately 95,500 square feet, and a plaza area. The concept plans call for a three story structure in the Mission Revival style that was commonly built in the early 1900's throughout southern California. This style is consistent with the Old Town Specific Plan and is period appropriate for the site. The estimated cost of construction for phase II of the Civic Center Project is approximately $44,000,000, with an additional $5,000,000 budgeted for Furniture, Fixtures and Equipment (FF&E's). The proposed Civic Center Phase II project will be funded with Undesignated General Fund Reserves (Capital Reserves) and Certificates of Participation (COPs). In order to issue the COPs (bonds), the Agency needs the assistance of various professionals, including a financial advisor, a fiscal consultant, bond counsel, disclosure counsel, and a bond underwriter. Staff recommends that the City Council adopt a resolution (a) directing Staff to proceed with the preparation of documentation necessary to provide for the issuance of the COPs (bonds), which documents shall in any event be subject to the approval of the City Council of the City of Temecula at a future City Council meeting; (b) designating the professionals necessary to assist Staff with the issuance of the COPs, including Fieldman, Rolapp & Associates as financial advisor, Quint & Thimmig LLP as bond counsel, McFarlin & Anderson LLP as disclosure counsel, and Stone & Youngberg LLC as bond underwriter; and (c) authorizing the City Manager to execute agreements with the professionals for their services related to the COPs in a form acceptable to the City Manager and Agency Counsel. All compensation payable to bond counsel and disclosure counsel will be contingent upon the sale and issuance of the COPs, and it is expected that all of the consultants will be paid from COP proceeds (or, in the case of the underwriter, by means of a discount on the purchase by it of the COPs). This recommended action will begin the process of developing a comprehensive financing plan for the new Civic Center facility. It is anticipated that this comprehensive financial plan, which will include the sale of COPs to finance a portion of the project cost, will be presented to the City Council in late January, 2008. FISCAL IMPACT: The adoption of the Resolution will allow the City Manager to enter into contracts with various professionals that are needed to assist with the issuance of Certificates of Participation of the City. Those contracts may obligate the City to pay various fees and expenses, most of which will be contingent upon the sale and issuance of the certificates, and all of which are expected to be paid from the proceeds of the certificates or by means of a discount on the purchase of the certificates. If for any reason the certificates are not issued, the City will need to pay certain fees of the financial advisor which are approximately $42,500 and City attorney for work performed. ATTACHMENTS: Resolution No. 07- RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING CONSULTANTS IN CONNECTION WITH THE PROPOSED EXECUTION AND DELIVERY OF CERTIFICATES OF PARTICIPATION TO FINANCE A PORTION OF THE CONSTRUCTION OF A NEW CIVIC CENTER FACILITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City, with the assistance of the Temecula Public Financing Authority, has determined to finance the construction of a new civic center facility (the "Project") and the City has proposed to implement a lease financing with certificates of participation (the "Certificates") for the purpose of raising the funds for such purposes. Section 2. Officers and officials of the City are hereby authorized to proceed with the preparation of documents necessary to provide for the execution, delivery and sale of the Certificates. All such documents to which the City will be a party shall be subject to the final approval thereof by the City at a subsequent City Council meeting. Section 3. Fieldman, Rolapp & Associates is hereby designated as financial advisor to the City in connection with the execution, delivery and sale of the Certificates. The City Manager is hereby authorized and directed to execute a financial advisory agreement with said firm, or amendments to or a direction to provide additional services under, any existing agreement between the City and said firm, for its services with respect to the Certificates, in a form acceptable to the City Manager and the City Attorney. Section 4. Quint & Thimmig LLP is hereby designated as bond counsel and McFarlin & Anderson LLP is hereby designated as disclosure counsel in connection with the execution, delivery and sale of the Certificates. The City Manager is hereby authorized and directed to execute agreements for legal services with such firms, in forms acceptable to the City Manager and the City Attorney; provided that any and all compensation payable to such firms shall be contingent upon the execution, delivery and sale of the Certificates. Section 5. Stone & Youngberg LLC, is hereby designated as underwriter in connection with the execution, delivery and sale of the Certificates. Section 6. The Mayor, the Mayor Pro Tem, the City Manager, the Director of Finance, the City Attorney, the City Clerk and all other appropriate officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this Resolution and the financing herein authorized. Section 7. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 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 11 th day of December, 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.7 Approvals City Attorney Director of Finance City Manager f/ta:rl " CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 11,2007 SUBJECT: Extension of Contract for Union Bank Banking Services PREPARED BY: Jason Simpson, Assistant Director of Finance RECOMMENDATION: That the City Council: 1. Approve a five-year extension of the City's contract for banking services with Union Bank of California, N.A.; 2. Authorize the City Manager and City Attorney to execute all necessary agreements. BACKGROUND: On September 24, 1996, the City Council awarded a professional services contract for banking services to Union Bank of California. This contract was awarded after an extensive request for proposal and interview process. On September 23, 2003, the City Council awarded a four-year extension of the City's contract through December 31, 2007. Union Bank of California is one of the 30 largest commercial banks in the United States. It has 327 branches, the majority of which are in San Diego, Los Angeles and Orange Counties. The bank also has facilities in Arizona, Calgary, the Cayman Islands, Illinois, Nevada, New York, Texas, the District of Columbia, California, Oregon, and Washington, and two offices outside the United States. Union Bank has a very strong Government Services Department that exclusively handles public entities, ensuring that individuals experienced in meeting the needs of governmental entities service the City's accounts. City staff has been extremely satisfied with the service and cash management products that Union Bank has provided over the past eleven years. Staff has devoted a substantial amount of effort during this period to develop an effective working relationship with Union Bank and to implement a variety of cash management systems. These systems include Union Bank Online Business Center, which is used daily to download account balance and transaction detail information, to perform inquiries into the status of checks issued by the City, to perform stop payments and to transfer funds between City accounts when required. The City also uses the Union Bank Online Business Center to transmit direct deposit of payroll and benefit reimbursements to employees, as well as to transmit accounts payable information electronically to the bank's positive pay system to shield the City from potential fraud or defalcations on the City's account. The City also receives electronic fund transfers, generates wire transfers and Automated Clearing House (ACH) payments for items such as payroll taxes, accept credit cards, and to automate portions of the reconciliation of bank accounts. Based upon staff's satisfaction with the services provided by Union Bank, as well as the amount of effort that has been invested over the past several years to implement various banking and cash management systems, staff is recommending an extension of the City's professional services agreement for banking services with Union Bank. If the City were to change banking relationships at this time, considerable time, effort and cost would be required to implement a new set of banking systems. Staff would require any bank selected to have strong presence servicing other governmental entities and at this time most of the banks with branches in the City of Temecula would not meet those requirements. Union Bank has proposed enhancements to our agreement if the City were to agree, atthis time, to extend the current four year extension contract (originally set to expire December 31, 2007) for another five years. Many of the enhancements proposed by Union Bank were implemented early at their discretion and have yielded efficiencies and savings to City staff already. Some of the enhancements (and proposed by Union Bank) are as follows: . Doubling the rate of return on the interest earnings credit generated on the City's account balance to the 91 day Treasury bill rating . Rolling over unused interest earnings credit generated but not used monthly, with a reset quarterly (the credit reset itself monthly) . Implemented electronic deposit of checks received taking advantage of the legislation governing Check21 rules for banks. Pricing was fixed during the current contract term and will again be fixed during the entire five-year term of the contract extension. In accordance with California Government Code, the contract may be terminated with 30 days written notice by either party. FISCAL IMPACT: The cost of banking services will be offset against the interest earnings credit generated on the City's account balance. ATTACHMENTS: Contract for Banking Services UNION BANK OF CALIFORNIA GOVERNMENT AND NOT-FoR-PROFIT MARKETS Union Bank of California, N.A CONTRACT FOR BANKING SERVICES This Contract For Banking Services (hereinafter "Contract"), effective December 31,2007, by and between Union Bank of California, N.A. (hereinafter "Bank"), and City of Temecula (hereinafter "City"), is in accordance with California Government Code 53682. Whereas, in the judgment of City, this Contract is to the public's advantage; and Whereas, City desires to secure a wide range of banking services to be provided by a single financial institution pursuant to an agreernent; and Whereas, Bank represents to City that it meets the requisite legal and other qualifications and possesses sufficient financial strength and capacity to render the banking services sought by City. Now, therefore, in consideration of mutual covenants, it is agreed that the Bank will service City's banking needs for a contract period offive (5) years with an expiration date of December 31,2012, Bank will guarantee fixed unit pricing for the banking services setforth on ExhibitA, attached hereto and incorporated herein for the entire contract period, City will be the sole selector of services to be utilized. All other standard Bank terms and conditions apply, including standard pricing, except as set forth herein. Any mutual amendments to this contlact will be an addendum to this contlact. This Contract may be terminated on thirty (30) days written notice by either party disclosed in the Contract for Deposit of Monies as required by the California Government Code. In witness whereof, the parties hereto have caused this agreement to be executed the day and year first above written, City of Temecula ,r,.UV1 City Manager/Treasurer - Shawn D, Nelson Attest: Dated: City Clerk - Susan W. Jones Approved as to form: City Attorney - Peter M, Thorson Dated: 445 SOUTH FIGUEROA STREET, 8TH FLOOR, Los ANGELES, CAUfORNIA 90051-1100 p.o. Box 3100, Los ANGElES, CALIFORNIA 90051-1100 800358 8956 FAX 213 236 7285 Union Bank of California, N.A. CONTRACT FOR BANKING SERVICES Exhibit A 1- Fee Schedule for City of Temecula DDA Account: 2740020830 2- Contract For Deposit Of Moneys Dated: 01/08/1999 CITY OF TEMECULA, CALIFORNIA FEE SCHEDULE FOR UNION BANK OF CALIFORNIA SERVICES AFFILIATION: 2740020830 UNIT PRICE ACCOUNT ANALYSIS ACCT MAINTENANCE - WEB FDIC INSURANCE FICO INSURANCE ACCOUNT RECONCILIATION POS PAY MONTHLY MAINT TRANSMISSION ISSUE INPUT-BASE TRANSMISSION ISSUE INPUT-ITEM CHECK PAID TRUNCATED DAILY PAID REPORT OUTSTANDING ONLY REPORT IMAGE CD - ROM IMAGE CHECKS EXPRESS MAIL DELIVERY WEB POS PAY-ACCOUNT BASE WEB POS PAY-EXCEPTIONS WEB POS PAY-IMAGES WEB POS PAY-DUPLICATE IMAGES WEB POS PAY-MANUAL ISSUE WEB POS PAY-IMPORTED ISSUE IOD-IMAGE (<120 DAYS) TRANSPORTATION SERVICES ARMORED CAR SERVICES BUSINESS CHECKING BRANCH DEPOSIT ELECTRONIC CREDIT ELECTRONIC DEBIT BANK STATEMENT WEB CHECK PROCESSING UNENCODED COURIER DEPOSIT UBOC CHECKS - BRANCH DEPOSIT LOCAL CLR.HSE.lBRANCH DEP. LOCAL FED DIST 12 - BRANCH DEP OTHER FED - BRANCH DEPOSIT UBOC CHECKS SERV. CTR DEPOSIT LOCAL CLR. HSE.lSER. CTR LOCAL FED DIST 12-SERV CTR DEP ENCODING FEE - SERV. CTR. DEP. OTHER FED - SERV CTR DEPOSIT $10.00/ACCOUNT $0.0431$1000 $.0151$1000 $75/ACCT/MONTH $5/TRANSMISS'N $.06/ITEM $.105 EACH $O.OO/RPT $10.00/RPT $30.00/CUTOFF $.03/ITEM $10.00/PACKAGE $OO.OO/ACCOUNT $0.20/EXCEPTIO $0.50/IMAGE $O.OO/DUPLlCAT $0.25/ISSUE $0.18/ISSUE $O.OO/IMAGE Variable $1.75/DEPOSIT $. 121EACH $. 121EACH $5.00/EACH $1.45/DEPOSIT $0.0755/ITEM $0.0755/ITEM $.087/ITEM $.121ITEM $.043/ITEM $.048/ITEM $.057/ITEM $.03/ITEM $.09/ITEM 10F2 CITY OF TEMECULA, CALIFORNIA FEE SCHEDULE FOR UNION BANK OF CALIFORNIA SERVICES AFFILIATION: 2740020830 CLEARPAY ACH VENDOR MONTHLY BASE FEE VENDOR INPUT DATA TRANSMISSION ACH WEB MONTHLY BASE FEE ACH WEB BATCH RELEASE CASH VAULT SERVICES CURRENCY DEPOSITED - STRAPPED DEPOSIT-MIXED CASH CHECK DEPOSIT - CASH OR COIN ONLY CURRENCY DEPOSITED-UNSTRAPPED DEPOSIT ADJUSTMENT COMMERCIAL CUSTOMER SERVICE LAIF REDEMPTION LAIF INVESTMENT ELECTRONIC TAX DEPOSIT INSTATAX QUARTERLY STATEMENT WEB INSTATAX MONTHLY MAINT WEB INSTATAX PAYMENT INFORMATION REPORTING WEB PRIOR DAY REPORT ACCOUNT WEB PRIOR DAY REPORT ACCOUNT WEB PD BAUSUM UPDATED WEB PD TRANSACTIONS UPDATED WEB CD BAUSUM UPDATED WEB CD TRANSACTIONS UPDATED WEB CURRENT DAY REPT ACCOUNT WEB CURRENT DAY REPT ACCOUNT DEPOSITED ITEMS RETURNED DEPOSITO ITEMS RETURND-RECLEAR DEPOSITO ITEMS RETURND-CHRGBK TEAM STOP PAYMENTS WEB ACCT RECON STOP PMT WEB STOP SINGLE INQUIRY WEB NUMBER STOP ACCOUNTS WI RE TRANS FE RS INCOMING DOMESTIC REPETITIVE ELECTRONIC WIRE TRANSFER ACCT TRANSFER END-OF-DAYIVVEB \IV1RE TRANSFER MONTHLY FEEIVVEB OUTGOING DOMESTIC WIREIVVEB ZERO BALANCE ACCOUNTS SUB LEVEL 1 UNIT PRICE $125/SET UP $10.00 PER SEN $75.00/SET UP $5.00ITRANSMIS $.951$1000 $3.00/DEPOSIT $1.45/DEPOSIT $1.20/$1000 $7.00/ADJ. $20.00/EACH $20.00/EACH $15.oo/EACH $O.OO/EACH $O.OO/EACH $60.oo/ACCOUNT $60.oo/ACCOUNT $0.10/ITEM UPD $0.10/ITEM UPD $0.20/ITEM UPD $0.20/ITEM UPD $65.00/ACCOUNT $45.oo/ACCOUNT $2.00/ITEM $5.oo/ITEM $10.00/STOP PA $2.00/INQUIRY STOP ACCOUNT $8. OOMn RE $2.00/EACH $50.00/EACH $8.50/EACH $35.00/MONTH SERVICES PROVIDED - FEES WAIVED CUSTOMER SERVICE ACTIVITIES NON-CUSTOMER CASH PAID ON-US TOTAL CHARGES: WAIVED SERVICES $5.00 PER CHEC 20F2 . .. ....... , ' .','tNIC FILE NUWlER AGENT OF eANl( fu.e HlIMBe~ . '. ..., G'1 1...cASlJ~~ f IIJi N\no\BllR AUOITOA HiJM8e1l. CONTRACT FOR DEPOSIT OF MONEYS THI~ONTRACT, relaling 10 the deposit of moneys, bi made as..oUhe 8th day of J:naary 19 . between ~ I). Nllso:1. (~Treasurer"), acting in his or her official capacity as~.;:;t of u:cy OJ: !\:ll........ua (flINInea Director, TroB&uter, elc.) t":l ~ ("D~p.ositor"). andgq~:':ank of Cali fomi a, N.A.. ("Slink"). as dcpo5itory a~ving a shareholder's equity of '1\'\0 m.LUat l'll.1"E tL.......~ ~?-).'1l:y Fiw ~ on ~l""':;" :J,J . 19 '.10 Th~ Treasurer proposdho deposit jn the Bank rrom time to tittle moneys in his or her custody in an aggregate amounl on deposit at any one lime not l~ e~ed~ toW shareholder's equity of lhe Bank and said moneys will be deposited subject to Title 5, Pivision 2. Pan I. Chapter 4, Article 2 (~meDcing with Section 53630) of the Government Code of the State of California. TIle GovemTI1enf~ requires the Treasurer to enter into Q contract selling forth the conditions upon which said mOlleys are deposited with the Bank.. . In the judgment of the Treasurer, tbis contract is to the public advantage. 111e parties agree as follows: I. This cotUtact cancels and $uperr.edes any prevjoull contracts between the Treasurer and the Bank relating to the method of collateralization of Deposilor's deposjts. 2. This COl1tract, but nOf deposits then held hereunder, is subject to tennjnation by the Treasurer or the Bank at any time upon 30 days' written notice. Deposits may be withdrawn in a......v.Jance with the agreement of the panies and applicable federal and state statutes. roles and regulations. This contract is subject to modification or termination upon enacbnent of any statute, l1Ile, or regulation. stale or federal. which, in the opinion of the Administrator of Local Agency Security of the State of California, is intonsistent herewith, including any change relative fo the payment of interest lIpon moneys so deposited by the Treasurer. Upon notice to the Treasurer from the Administrator of Local Agency Security thaf the Bank failed to pay assessments, fines or penall.ies assessed by the Adminisustor, the TreasUlet may withdraw Depositor's deposits from lhe Bank. Upon notice to the Treasurer from the Ad~njstratot' of Local Agency Security that ttle A1:~!2! of the Bank falled to pay fines or penalties assessed by the Administrator, the Treasurer may itnmedialcly wilbdraw authorization for the placement of pooled securities with the Agenr of the Bank. 3. Interest shall accroe on any moneys so deposited Wi permitted by any act of the Congress of the. United States or by any Nle Or regulation of any department or ag~ncy of the federal government. If interest may legally be paid on thE account into wh.ich the moneys are deposited, then all m.oneys deposited shall bear hltel'est at a rate agreed upon by lh~ Treasurer and the Bank, but not less fhan 1/2 of 1 % per annum on the average daily baJance of such moneys kept on deposil with the Bank. 4. The Bank shall issue to the Treasurer tor each deposit a receipt Or other evidence of deposit on a fonn agreed to by the Bank and the T~easurer, stating. when required. the intel'Cst to be paid, if any. me duration of the deposit, lb.E frequency of interest payments, if any, and the ternlS of withdrawal. Each such form is by reference made a part of this contract, 5. The Bank wHl maintain at aJl times witb the Agent of the Bank as s~urity for Depositor's deposits (a) eligible securities of fORM 53_ (ftllV. rfTl9fJ' 1he c:llilsses described in Government Code Scction 536S I, except subdivisions (m) and (p). having a market vaJue at lellS! ]09& in excess of the total amount of deposits secured by those securities, (b) eligible seeurities of the class described in subdJvlsion (m) of Government Code Section 53651 having a market value at least 50% in excess of the tOlal amount of deposits secund by those securities and (c) eligible securities of the class described in subdivision (P) of Government Code Section 53651 having a market. vaJue of at least 5% in excess of the total amount ot deposits secured by those securities. If the Administrator of Local Agency Security of the Stale 01 California determines that a securlty is not qualified to secure public deposirs. the Bank will substitute other securities to comply with the retjuirements of this paragraph. 6. E.ligible securities are those listed in Oovemmenl Code Section 53651. 7. The Treasu.rer hereby waives security (Ot lhal ponioD of the total amount on deposit which is insured pur$uant to federal law. 8. the Agent of the Bank, which lhe Treasurer and the Bank hereby aurhorize to hold the eligible securities posled as collateral under this contract, is the TRUST DBPARTMENT of Union Bank of California, N.A. The Agent of the Bank bas filed with the Administrator of Local Agency Securit)' or the State of California an agreement to eomply in all respects with all provisions of the Local Agency Deposit Security Law and local Agency Deposit Security Regulations of the Government Code of the Stale of Ca1iromia. A copy of the agreement is anached herelO. 9. Authority for placement of securities for safekeepin.g in accordance wilh Government COde Section 53659 is hereby granted to lhe Agent of the Bank. including placement with any Federal Reserve Banks or branches thereof. and lhe following banks or trust tompanies. other than the Bank.: Deposito/)' Tl11st Company. New York. New York Citibank. New York, New York 10. If the Dank fails to pay all of any moneys on deposil or tbe Depositor whieh are subject to this contract when ordered to do so in accordance with the terms of withdrawal set fonh on the deposit G0~ 6"t0'ON 6~v9V69"t~6"t6 ~ '~Ia Si~W d~N/iN3WN~3~09 Joan V~:G"t ~00G/~0/G"t ~ . ,. "l, ',-,", ,.J' ,~cipt (which is by reference made a pan hereof), lhe Treasurer will immediately nolify. in writing, the Adminislt!lot of Local I\gency Securlty of the Stale of California. Action of the I\dministrator in converting the collateral required by paragraph 5 lbove for the benefit of the Depositor is governed by Government :ode Section 53665, 11, The Bank may add, substitute or withdraw eligjble securities ,eing used as security for deposils made hereunder in accordance A1ith Government Code Section 53654. provided the requiremenls )f paragTaph 5 above lU'e met. The Bank sball not interchange ;Iasses of security (as defined in Government Code Section ;3632.5) without the prior written approval or tile Treasurer, 12. The Sank shall have and hereby reserves the right to collect he interest on the securities except in cases where the securities are iable to sale or are sold or converted in accordance with lite 'revision of' Oo\'cmment Cede Sl:Ction 53665. 13. The Bank will pay all expenses incurred in lransporting :!igible securities maintained as collateral for moneys on deposit to ....J . " \. . ., I and rtom the Agent of the Bank. 1'he Depositot will pay (or promptly reimburse the Bank ror or otherwise CQmpensate the Bank for) :all expenses ineumd in transporting all motlc)':! deposited whh the Bank to and rtOm tbe Treasurer's office, The Deposilot will pay the Sank (or otherwise compensate the .Bank for) the fees and charges stated in !he Bank's then-CUlTenl Schedule of Fees (unless the Bank. and the Treasurer o~crwise ~grcc) ror handling, CQUeeting and paYing aU checks, drafts and other exchange or securities accordins to the Bank's normal practic.cs. 14. This COlJtract. the parties hereto. lUId all deposits governed by this contract shall be subject in all respeJ;ts to Title S. Division 2. Pan I, Chapter 4, ArtiCle 2 (commenci~g wilh Section 53630) of the Government Code of the Stale of California. and of all other state !and federal laws, statutes, nJtes ancr~gulalions applicable to such deposits, whether now in force or hereafter en:tcted or promulgated. all of which are by this reference made 8 part hereof. 1N WITNESS WHEREOF. the 'treasurer in his or her official capacity has signed this COntract in quadruplicate and the Bank has l:aused his contract to be executed in like nUtnber by Us duly authorized officer. Clty Oi@fTQ'L.,II"'1-- N/IoW.rJOCAL AG~NC" Iy. ... ).11I- 3uw.1 . l~UJ SIGNA'tURJ; itle ktiI City M:l. I1teaa1rer ~ ~ .ttachment UNION BANK OF CALIFORNIA, N.A. BY'~' ~. dtM/lutv (/;&b fMMJwrr Title ,I I ~0~ 6"!:0'ON 6~vgv69"!:~6"!:6 ~ '~Ia s~~w d~N/~N3WN~3~08 ~08n V~:c"!: ~00c/~0/c"!: ITEM NO.8 Approvals City Attorney Director of Finance City Manager UU~i ~I !r~ I' ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 11,2007 SUBJECT: FY 2007-08 Community Service Funding Program Grant Recommendation to Music Heritage, Inc. PREPARED BY: Genie Roberts, Director of Finance RECOMMENDATION: That the City Council approve the FY 2007-08 Community Service Funding Program grant recommendation to Music Heritage, Inc. in the amount of $4,000. BACKGROUND: The FY 2007-08 Community Service Funding Program grant recommendations were considered at the meeting on November 27,2007. At that meeting, City Council awarded a total of $117,500 to 36 organizations. Due to Mayor Pro Tem Naggar's abstention with regard to Music Heritage, Inc., and the absence of two Council Members, this item had to be continued to the December 11,2007 City Council Meeting. FISCAL IMPACT: FY 2007-08 Community Service Funding line item budget has a sufficient balance to provide for the grant recommendation to Music Heritage, Inc. ITEM NO.9 Approvals City Attorney Director of Finance City Manager UU~i ~I !r~ I' ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: December 11,2007 SUBJECT: Purchase of Police Motorcycles PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council approve the purchase of one (1) Harley- Davidson FLHP W/ABS from Quaid Harley-Davidson in the amount of $21 ,920.99; one (1) BMW R1200 RT-P from BMW Motorcycles of North County in the amount of $23,695.73; and, one (1) Honda ST 1300 P from Callaway Motorsports in the amount of $24,177.91. BACKGROUND: The Temecula Police Department is committed to obtaining the best technology to ensure Officer safety and enhance enforcement. One key area of technology being reviewed is police motorcycles. With an influx of new motorcycle technology on the market, the City would like to review the benefits of each police model firsthand. This fiscal year, there are three police motorcycles due for trade out. In order to make an informed decision based on the City of Temecula's unique requirements and to maintain the motorcycle fleet, it is recommended that the City purchase one Harley-Davidson, one BMW, and one Honda police motorcycle for a side by side comparison. These motorcycles will be evaluated for a year based on operations and maintenance cost, safety, and performance. On October 9, 2007, a Request for Proposal was mailed to nine local Honda, BMW and Harley vendors. The resulting bids include: Proposed Cost' $21,920.99 $24,113.72 $24,177.91 $23,695.73 I Quaid Harley Davidson I Huntington Beach Honda I Callaway Motorsports (Honda) I BMW Motorcycles of North County Temecula Huntington Beach Riverside Escondido Based on the bid price and vendor proximity it is recommended the motorcycles be purchased from Quaid Harley Davidson, Callaway Motorsports, and BMW Motorcycles of North County. FISCAL IMPACT: Adequate funds exist in the 2007-08 Police Department budget to make this purchase (001-170-999-5610). In addition, it is anticipated thatthe three motorcycles due for replacement will be bought back by Quaid Harley-Davidson for $10,500 each. ITEM NO.1 0 Approvals City Attorney Director of Finance City Manager UU~i ~I !r~ I' ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems (IS) DATE: December 11,2007 SUBJECT: Agreement for Consulting Services between the City of Temecula and PlanNet Consulting for the Old Town Civic Center IS Master Plan RECOMMENDATION: That the City Council: 1) Award a contract with PlanNet Consulting for IS master planning services in the amount of $144,795.00 and authorize the Mayor to execute the contract. 2) Authorize the City Manager to approve change orders not to exceed the contingency amount of $14,479.50, which is equal to 10% of the contract amount. BACKGROUND: On April 1 0,2007 the City Council approved the Old Town Civic Center Phase - II Master Plan and an agreement with Nichols, Melburg & Rossetto (NMR) to provide design services for the Mater Plan of the Old Town Civic Center. During the course of the design, staff identified the need to retain a qualified consulting firm to conduct a conceptual study on the City's current and required Information Technology environment, and develop a Master Implementation Plan that defines the communications technologies, budgetary estimates, and phasing strategy for the technology needs of the new Civic Center, as well as the adjacent parking structure. On September 19, 2007 the City issued a Request for Qualifications (RFQ) for an Information Systems Master Plan for the Old Town Civic Center. Four firms submitted statements of qualifications and were subsequently interviewed. It is staff's belief that PlanNet was the most qualified firm to provide a master plan that will save the City time and resources in the future by providing a global approach to all IS requirements. Their project methodology, prior experience, and subject matter expertise were exceptional and will provide the city a comprehensive roadmap guaranteed to save time and money in the future implementation of this plan. The scope of services for this project includes the following: physical infrastructure, communications technology, audio visual technology, Data Center design, and physical security systems. Staff negotiated a fair and equitable fee for the agreed scope of services. FISCAL IMPACT: The Old Town Civic Center- Phase II project is included in the FY2008-12 capital improvement program, and is funded with General Fund Capital Reserves, Certificates of Participation and Development Impact Fees - Corporate Facilities. Adequate funds are available in the project account-Account# 21 0-165-751-5802 for this expense. The total amount requested is $159,274.50, which includes the base agreement amount of$144,795.00 plus a 10% contingency of $14,479.50. ATTACHMENTS: City of Temecula Agreement for Consulting Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND PLAN NET CONSULTING THIS AGREEMENT is made and effective as of December 11, 2007 between the City of Temecula ("city"), a municipal corporation, and Plan Net Consulting ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 11, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 10, 2009, unless sooner terminated, pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the Agreement for one (1) year additional term(s). In no event shall the Agreement be extended beyond one (1) year. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area, published monthly by the United States Bureau of Labor Statistics. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed $144,795.00 (One Hundred Forty-four Thousand Seven Hundred Ninety Five Dollars) for the total term of the Agreement, unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consulant for the performance of said services. 1 c. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement, but in no event shall the total sum of the Agreement exceed thirty thousand dollars and no cents, ($30,000.00), or the amount approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. d. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consulant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts for all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant, at least ten (10) days prior, written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section 4 above. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager, or his delegate, determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records 2 shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City, or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City, and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. a. Indemnitv for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District, or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. b. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the City, District, and/or Agency, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City, District or Agency officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of City, District and/or Agency's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 3 2) Insurance Services Office Business Auto Coverage form CA 00 01 0692 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Workers' Compensation Insurance as required by the State of California, and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, Workers' Compensation Insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence 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; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, 4 employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Agreement shall be endorsed to state: "Should the policy be canceled before the expiration date, the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City." 6) If insurance coverage is canceled or reduced in coverage or in limits, the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City, via certified mail, return receipt requested, of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant, shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. [Select] shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. 5 The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager, or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement, or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager City of Temecula 43200 Business Park Drive Temecula, California 92590 To Consultant: Plan Net Consulting 2850 Saturn Street Suite 100 Brea, CA 92821 6 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub-contractors for this project, during his/her tenure, or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Chuck Washington, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT BY: (Signature) NAME: (Printed Named) TITLE: BY: (Signature) NAME: (Printed Named) TITLE: Name of Contact Person at Company: Diana Sobol Mailing Address of Company: 2850 Saturn St (Ste. 100) Telephone No. of Company: (714) 982-5868 Email Address:dsobol@plannet.net 8 EXHIBIT A SCOPE OF WORK City of Temecula is planning to build a new Civic Center in the Old Town section of the City. Temecula is located in Riverside County, in the Temecula Valley in Southern California. The City has a population of ahnost 100,000 and has been experiencing both rapid population growth as well as an increase in tourism. It has become a priority for the City of Temecula to expand their civic presence to keep pace with the City's growth, and provide enhanced services to the constituents of their community. City of Temecula has indicated a desire to retain a qualified consulting firm to conduct a conceptual study on the City's current and required IT environment, and develop a Master Implementation Plan that defines the IT and communications technologies, budgetary estimates, and phasing strategy for the technology needs of the new Civic Center and the adjacent plaza. The scope of technology being considered ranges from: . Physical infrastructure . Communications technology . Audiovisual Technology . Data Center . Physical Security PROJECT BACKGROUND PlanNet engagement in this project will be as follows: . The new Civic Center project will be developed on 4+ acres as a multi-story building (three- stories plus a possible basement level) of approximately 95,500 square feet (sf). A plaza area will also be developed in an adjacent area that is 0.75 to 1.5 acres. . PlanNet envisions a 3 to 5 month duration for this project, initiating approximately January 2008. Construction is expected to start possibly late 2007 for the plaza and a parking structure, with the civic center completion perhaps by 2012. . PlanNet Consulting is proposing this scope of work to City of Temecula to provide consulting services to develop a Master Technology Implementation Plan. This effort does not include detailed specifications, construction documents, bidding support, technical oversight during implementation, or project management services. . The architect of record for City of Temecula's Civic Center is Nichols Melburg & Rossetto ArchitectsiEngineers. BASIC SERVICES PlanNet Consulting's methodology for Master Implementation Plan development is structured in our proposal to map to the City of Temecula's proposed Work Plan (reference City of Temecula RFP for IS Master Plan for Civic Center, Sections 1.1 to 1.4 in this proposal). In our proposal, our methodology is first described in general terms (Section 1) and then unique considerations with respect to each of our Technology Practices are provided in subsequent sections 9 (Section 2 through 6). PlanNet's AAIM Methodology: Assess, Architect, Implement, Manage; assures consistent and high quality services and deliverables throughout the complete project lifecycle. The phases from our methodology that apply to the development of the Master Implementation Plan include "Assess" (which involves data collection); and aspects of "Architect" (development of conceptual design and cost projections), and "Manage" (oversee development of Master Implementation Plan). 1. General Methodology for Master Implementation Plan Development 1.1. Project Initiation As part of project initiation and our "Manage" methodology, PlanNet will: . Finalize Work Activities . Determine Project quality and control objectives . Develop Project Plan and control documents: o Communications Plan o Resource Plan o Status Report Template o Meeting Agenda Template o MS Project Plan Document . Develop (starting with our templates) Administration/Staff and Departmental questionnaires for interviews and surveys . Determine Internal staff involvement and availability . Allocate Internal and External Resources . Develop Schedule . Develop Kick Off Meeting Agenda and Attendees list . l\1ILESTONE: Project Plans are completed. 1.2. Data Collection As part of Plan Net's "Assessment" methodology for data collection and determining requirements, the following activities include, but may not be limited to the following tasks. PlanNet's approach is to conduct (I) general session with all stakeholders, or "communities of interest" at the onset; and then each of our (5) technology practices (Physical Infrastructure, Communications Technology, Audiovisual, Physical Security, Data Center) will follow-up with a specific session devoted to their particular technology (e.g. A V) each with a representative from each specific community of interest. A community of interest may be defined by a single department, or several departments that have commonality (e.g. Community of Interest could be "Planning Department and Public Works Department"). The kickoff meeting will be conducted at the project level, however, and the assessment and evaluation tasks will occur at the Technology Practice level with each community of interest. . Kick Off Meeting . General Assessment performed by each PlanNet Technology Practice/Sl\1E (Management Level, not technical): 10 . Surveys and Interviews, as applicable: o Review organizational goals o Review departmental goals o Identify assets (Networked systems, IP addresses, networks, etc.) o Survey technology needs o Survey technology practices o Interview stakeholders and departmental heads. . Review Documents (diagrams, schematics, topologies, policies, standards and procedures). . Evaluation performed by each PlanNet Technology Practice/ SME (Architectural Level, technical) . Surveys and Interviews, as applicable: o Review technology goals o Interview/Survey for IT management/representative o Review general IT Strategic Plan and technology initiatives . Applications . Infrastructure . Other relevant IT Projects o Review/Observe IT practices and procedures . MILESTONE: Raw Data that will identify IT environment and objectives. 1.3. Develop Design and Cost Projections PlanNet's approach is for each of our (5) technology practice areas to develop unique plans and designs that the Project Manager will coordinate and consolidate to ensure integration of the various techno 10 gies. . Analysis and assessment of the existing and desired IT environment needs o MILESTONE: Technology requirements have been have been extracted from raw data o MILESTONE: Current IT environment has been determined. . Recommendations Development o Develop IT conceptual design o Prepare design narrative o Generate preliminary (rough order of magnitude) budget information o Create phasing schedule (strategy) based on major architectural/construction milestones. . MILESTONE: Recommendations and conceptual design and corresponding costs have been determined. . MILESTONE: Implementation phasing has been determined. 1.4. Prepare Civic Center IS Master Plan PlanNet's approach is for each of our (5) technology practice areas to develop unique plans and designs that will fold into the Master Implementation Plan document (or what could be considered a Programming document). PlanNet's Project Manager will review the draft format with City of 11 Temecula's IT project representative, and incorporate the needed changes to finalize the Master Implementation Plan. This document represents a 5-year Master Implementation plan. The final approved Master Implementation Plan will then serve as the basis for any subsequent technical systems design (not included within the scope of this proposal). . Report development o Create Draft ofIS Master Implementation Plan o Review draft document with project team o Incorporate comments, feedback, changes into draft o Develop final draft ofIS Master Implementation Plan. . MILESTONE: Report is complete. . Close Out Meeting(s) o Report Presentation(s) o Final Q&A. . MILESTONE: Client acceptance offinal report. 2. Physical Infrastructure 2.1. Conduct up to two (2) on-site planning and design work sessions with the project team and City management and staff to establish technology basis of design criteria, requirements and design approaches. This will include voice, data and video cabling as well as overhead pagmg. 2.2. Assist with the development of the budget for voice, data and video cabling using the basis of design criteria. As the City has already standardized on Systimax, we will investigate the viable options available to the City for IOGigabit support (e.g. fiber, shielded copper, augmented copper); 2.3. Prepare conceptual plan for voice/data/video cabling including interconnection to Telco and video service provider feeds as well as between buildings; 2.4. Work with City of Temecula to prepare conceptual (e.g. high level samples) voice/data/video outlet plans for typical office and common areas. We anticipate developing ten (10) typical space layouts; 2.5. Using information from steps 2.1 through 2.4, develop a basis of design that will be used for developing Rough Order of Magnitude (ROM) budget; 2.6. Include Physical Infrastructure components into Master implementation plan for phasing. 3. Audiovisual Technologies The Audiovisual Technology areas of involvement for the Civic Center include: . Council Chambers o Speech & Program Audio o Multimedia Projection o Videoconferencing 12 o Control o Voting o Cable (PEG Channel) Head End o Webcasting o Foyer Digital Signage . Community Room - multimedia presentation system; room combine system . Traffic Operations Center - multi-window capable video display . Conference Rooms (6) - with Presentation Equipment and videoconferencing capability . Lunch Room - flat panel displays . Civic Center Plaza - digital signage . Outdoor Plaza Audio - Extend Old Town Sound to Town Plaza and relocate control from 6th St Parking to new Civic Center 3.1. Meet with representatives from the City of Temecula (the Owner) to discuss in detail functional requirements and objectives for the audiovisual systems to be provided in the spaces identified above. 3.2. Conduct a technical site walk and review any available documentation related to the existing audiovisual systems installed in the spaces identified above in order to fully understand the current systems inventory, functionality, shortcomings and potential for relocation and enhancement. 3.3. Develop a detailed project work plan and schedule specifically involving audiovisual technology. 3.4. Conduct interviews with up to four (4) specific internal stakeholder groups (city departments) over the course of two (2) day trips (assumed consecutive). 3.5. Collect data on Audiovisual specific applications, infrastructure and projects. 3.6. Present PlanNet's conclusions and recommendations for the audiovisual systems in the form of a Draft Audiovisual Program document that includes the following key elements: 3.6.1. Narrative description of the intended functional capabilities for the audiovisual systems in each space; 3.6.2. Itemized budgetary cost estimate to implement the necessary changes to the existing audiovisual systems in order to achieve these functional objectives; 3.6.3. Recommended strategy for procurement of new audiovisual equipment and implementation of systems improvements. 3.7. Meet with the Owner to review the Draft Audiovisual Program (implementation plan), provide clarifications and discuss options as necessary, and review the budgetary cost estimate and procurement and implementation strategy. 3.8. Modify the Audiovisual Program as necessary to reflect agreed changes with the Owner in terms of functionality and priority. Incorporate priority and roll out requirements into the document to represent a 5 year l\1aster Implementation plan. The final approved l\1aster Implementation Plan will then serve as the basis for any subsequent technical systems design (not included within the scope of this proposal). 3.9. Up to four (4) visits to the site are included to undertake the basic services described above. 13 4. Communications Technology 4.1. Conduct up to three (3) on-site planning and design work sessions with the project team and City management and staff to establish communication technology design criteria, requirements and implementation approaches. This will include: 4.1.1. Data Network Communications requirements 4.1.1.1. Local Area Networks (LAN) 4.1.1.2. Wide Area Networks (WAN) 4.1.1.3. Wireless LAN (802.11 based WLAN) including integration with existing Tropos mesh network 4.1.1.4. Data Center Network (Server Farm Communications) 4.1.1.5. Network Security (Perimeter Firewall) 4.1.1.6. Internet Connectivity (ISP Services) 4.1.1.7. Remote Network Access (VPN) 4.1.2. Voice Communications requirements 4.1.2.1. Call1\1anagement (PBX) 4.1.2.2. Voice l\1ail / Unified Messaging 4.1.2.3. Conference Calling 4.1.2.4. Intercom 4.1.2.5. Voice end user software and handsets. 4.1.2.6. E.911 4.1.2.7. High-level requirements for advanced voice technologies 4.1.2.7.1. Interactive Voice Response (IVR) 4.1.2.7.2. Automatic Call Distribution (ACD) 4.1.2.7.3. Outbound Calling 4.1.2.8. High-level requirements for Unified Communications technologies 4.1.2.8.1. Presence 4.1.2.8.2. Enterprise Instant Messaging 4.1.2.8.3. Collaboration tools 4.2. Meet with representatives from the City of Temecula (the Owner) to further clarify and discuss in detail functional requirements and objectives for the Communications Technology systems to be provided as identified above. 4.3. Conduct a review of any available documentation related to the existing communications systems in order to fully understand the current systems inventory, functionality, shortcomings and potential for expansion and relocation. 4.4. Present PlanNet's conclusions and recommendations for communications systems in the form of a Draft Communications Technology Program document that includes the following key elements: 14 4.4.1. Narrative description of the intended functional capabilities for the communications systems; 4.4.2. Budgetary cost estimate to implement the communications systems in order to achieve these functional objectives; 4.4.3. Recommended strategy for procurement of new communications equipment and implementation services. 4.5. Meet with the Owner to review the Communications Technology Program, provide clarifications and discuss options as necessary, and review the budgetary cost estimate and procurement and implementation strategy. 4.6. Modify the Communications Technology Program as necessary to reflect agreed changes with the Owner. The final approved Program will then serve as the basis for any subsequent technical systems design (not included within the scope of this proposal). 5. Physical Security This effort includes all activities leading to the planning, programming, high-level design to develop and implementation plan for the physical security systems, including surveillance and access control systems. 5.1. Review City of Temecula information, documents and drawings and conduct high-level research prior to initial meeting. 5.2. Conduct work session meeting with City of Temecula project team and Owner to discuss and understand security intent and requirements. 5.3. Develop preliminary program and budget for security systems. This initial document will include narrative description of desired security solutions and range-order-magnitude (ROM) estimates. 5.4. Review program document with project team to discuss and clarify options as necessary, and review the budgetary cost estimate and procurement and implementation strategy. 5.5. Modify Physical Security program document and costs as required to finalize Implementation Plan for physical security design. 5.6. Approximately (2) meetings have been included throughout the course of this project activity for this technology area. 6. Data Center 6.1. Conduct up to two (2) on-site planning and design work sessions with the project team and City management and staff to establish the data center basis of design criteria, requirements and design approaches. This will include: 6.1.1. Reliability requirements for HV AC and power ; 6.1.2. Review space programming to ensure adequate space to support the City's current and future needs; 6.1.3. Develop a conceptual test-fit layout supporting the basis of design; 6.1.4. Develop a conceptual design for low voltage cabling that will support the data center's LAN, SAN and KVM environments; 6.1.5. Cabinet and racking requirements; 15 6.2. Conduct up to two (2) on-site planning and design work sessions with the project team and City management and staff to establish the data center basis of logical design criteria and migration requirements. This will include: 6.2.1. Work with City of Temecula IT and Voice systems teams to match server equipment to applications and related business areas to be moved. 6.2.2. 6.2.3. 6.2.4. 6.2.5. 6.2.6. 6.2.7. Work with server, storage, network and applications teams (including Voice systems) teams to determine high level system and application interdependencies as they pertain to the migration plan. Work with City of Temecula IT management to determine high level schedule and potential phasing of the data center migration. Perform high level risk management activities for the project, l\1anage and maintain the overall migration project budget. Identify requirements of communication plan for the IT systems migration activities. Create a high level consolidated systems migration project plan that includes critical path, move dates, equipment provisioning and task interdependencies. Identify specific requirements and best practices for the migration plan including: 6.2.7.1. Overlapping services required such as data circuits, syslog and DNS servers 6.2.7.2. Detail computing equipment infrastructure design, SAN confignration and data movement architecture required for migration determine and document the location and layout of equipment Develop and maintain database of all computing equipment to be moved, including desktop PCs, printers, copiers and telephones Document the power and network requirements for all devices to be moved and any net new equipment to be provisioned Communicate system migration planning methodology to systems migration team and provide coaching/assistance in completion of migration planning deliverables: 6.2.7.3. 6.2.7.4. 6.2.7.5. 6.2.7.6. 6.2.7.7. 6.2.7.8. 6.2.7.9. 6.2.7.10. 6.2.7.11. 6.2.7.12. Migration constraints and release schedule Roles & responsibilities definition Logical diagrams Migration plans Migration validation criteria Test plans (scripts) Assumptions and Clarifications 1. General: 1.1. All aspects of the PlanNet Statement of Qualifications dated October 19, 2007 for the City of Temecula IS Master Plan for the Old Town Civic Center and the oral presentation dated October 30, 2007 are included and binding in this agreement. 1.2. The consultants represented in this agreement will not be substituted without prior written approval from the City. 16 1.3. The fees for this project are based upon an approximate 3-5 month project schedule. 1.4. PlanNet can begin work on this project in one week from the Authorization to Proceed. 1.5. City of Temecula management and staff will provide any required information to PlanNet Consulting in a timely fashion. 1.6. Where practical, PlanNet Consulting will participate in meetings remotely via conference call or video-conference. 2. Cable Infrastructure: 2.1. PlanNet will base their wireless work on the 802.11 wireless standards including extension from the Civic Center facility to integrate with the City's Tropos wireless mesh network. Cellular phones and RFID are excluded from this plan. 3. Audiovisual: 3.1. Audiovisual services proposed herein assume that the scope of work will be based on an audiovisual systems budget of up to ($150,000) dollars. This budgetary figure, lists of audiovisual system capabilities and comments regarding our audiovisual deliver abies are listed herein to provide a benchmark of our involvement and are not intended to imply that additional services fees will be required with any modifications of this assumed scope of work. Additional services may be required if the scope of desigu work expands above and beyond these benchmarks and would be reviewed with the client at the conclusion of the A V Program Phase. 3.2. Deferral of audiovisual system implementations may require adjustment to desigu documentation excluded from this proposal. Required work (to be determined at a later date) could include updating of discontinued model numbers and in some cases, redesigus of subsystems. 3.3. PlanNet consulting fees assume that the audiovisual systems installation contract will be awarded to a pre-qualified professional Audiovisual systems integrator licensed with considerable experience in this type of work and that the Audiovisual systems integrator will be a subcontractor to the overall General Contractor. 4. Communications Technology: 4.1. Very limited review of rich or advanced voice communications technologies will be covered. In the scope of work these are identified as "High-Level" requirements. 4.2. Wireless communications only includes 802.11 based technology, no other RF or Cell based technologies are included. 4.3. Information Security technologies will be limited to perimeter network security firewalls. No internal security systems, access control, intrusion detection, host or application security technologies are included. 4.4. Voice, Network, and Security operations processes and management tools are not included. 4.5. Budgetary Estimates will be rough order of maguitude are intended to help decision makers prioritize capital expenditures. 17 EXHIBIT B PAYMENT RATES AND SCHEDULE PlanNet Consulting will conduct this project for the fixed-fee amount below. These fees can be distributed between technology areas only upon mutual consent of the PlanNet PM and City of Ternecula IS Director. CONSULTING SERVICES FEE Technology Area Project Initiation Data Collection Design/Cost IS Master Plan Development Preparation Physical $2,500 $6,250 $12,500 $3,750 $25,000 Infrastructure Audiovisual $4,050 $8,000 $10,450 $7,500 $30,000 Technologies Communications $1,940 $7,760 $15,520 $10,280 $35,500 Technology Physical Security $3,785 $5,700 $7,150 $7,660 $24,295 Data Center $4,050 $8,000 $10,450 $7,500 $30,000 TOTALS $16,325 $35,710 $56,070 $36,690 $144,795 p tS h d I ayrnen c e u e Payment Schedule Amount Description Number 1 Upon execution of the Agreement $57,918 40% payment 2 Project Initiation $21,719 15% payment 3 Data Collection $21,719 15% payment 4 Develop Design and Cost Projections $21,719 15% payment 5 Complete the Civic Center IS Master Plan $21,720 15% payment 18 ITEM NO. 11 Approvals City Attorney Director of Finance City Manager UU~i ~I !r~ I' ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: December 11,2007 SUBJECT: Second Amendment to the Professional Services Agreement with LGC Inland, Inc. for Geotechnical and Material Testing Services - Verizon Fiber Optic Project PREPARED BY: Daniel A. York, Deputy Director of Public Works Chris White, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the Second Amendment to the Professional Services Agreement with LGC Inland, Inc. in an amount not to exceed $68,000.00 to provide 16 hours per week of geotechnical & material testing services for the Verizon Fiber Optic Project through June 30,2008, and authorize the Mayor to execute the Amendment to the Agreement. 2. Approve an appropriation of $43,000.00 to the General Fund Land Development Department Budget. BACKGROUND: On June 27, 2006, the City Council approved a Professional Services Agreement with LGC Inland, Inc. for $86,250 to provide geotechnical and material testing services for the Verizon Fiber Optic Project. This Agreement provides for 16 hours per week of geotechnical inspection and material testing services to support the installation of fiber optic cable throughout the City. On July 17, 2007, the City Manager approved the First Amendment to the Agreement, which extended the term through December 31, 2007. Due to unforeseen delays associated with the Verizon Fiber Optic Project, there are twenty-one (21) fiber optic cable installations currently permitted and under construction, with one (1) remaining permit expected to be issued by mid- December. Staff estimates that all of the fiber optic construction and restoration/repair work will be completed no later than March 31,2008. This Second Amendment to the Agreement is necessary to ensure that geotechnical inspection and material testing services are conducted through the completion of the entire project. The Second Amendment extends the term of the Agreement to June 30, 2008 and provides for additional geotechnical inspection and materials testing services in an amount not to exceed $68,000.00. With this amendment, the total Agreement amount with LGC Inland, Inc. is $154,250.00. FISCAL IMPACT: An appropriation of $43,000.00 to the Land Development Consulting Services Account is necessary to fully fund this agreement. Verizon will be paying an additional $39,000.00 in revenue to offset these costs. To date, Verizon has deposited over $273,792.00 in revenue with the City to offset the cost of outside inspection services and permit fees associated with Fiber Optic Project. ATTACHMENTS: Agreement with LGC Inland, Inc. First Amendment Second Amendment SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF TEMECULA AND LGC INLAND, INC. VERIZON FIBER OPTIC PROJECT GEOTECHNICAL INSPECTION AND MATERIAL TESTING THIS SECOND AMENDMENT is made and entered into as of December 11, 2007 by and between the City of Temecula, a municipal corporation ("City") and LGC Inland, Inc. ("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 June 27, 2006, the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Geotechnical Inspection and Material Testing ("Agreement") in the amount of Eighty Six Thousand Two Hundred Fifty Dollars and No Cents ($86,250.00). B. On July 1, 2007, Amendment No.1 was approved to extend the Term of the Agreement to December 31, 2007. 2. Section 1. follows: TERM of the Agreement is hereby amended to read as Section 1. TERM. This Agreement shall commence on June 26, 2006, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5(a). PAYMENT of the Agreement is hereby amended to read as follows: Section 5(a). PAYMENT: The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Fifty Four Thousand Two Hundred Fifty Dollars and No Cents ($154,250.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:IAgreementsILandDevI2007-2008ILGC VerizonGeotech Amend 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson, City Manager ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT LGC Inland, Inc. 41531 Date Street Murrieta, CA 92562 9951) 461-1919 Greg Ueker, Vice President Mark Bergmann, President (Two Signatures Required For Corporations) 2 R:IAgreementsILandDevI2007-2008ILGC VerizonGeotech Amend 2 APPROVAL C~R ,,---"'--"'- , , MEMORANDUM TO: Sbawn D. Nelson, City Manager . FROM: WilliamG. HUghes, Director of PUblic Works Dan York, Deputy Director of Public Works/City Engineer ^" DATE: July 17, 2007 SUBJECT: Professional Services Agreement Geotechnical and Material TestingS"rvices For the Verizon Fiber Optic Prpject for FY2007 -2008 On Jllne 27, 2006 tbe City Council approved an agreement for Professional Cieotecbnicaland Material Testing Services for the VerizonFiber Optic Projec!withLOC, Inland, Inc, in tbe amount of$86.2$0.OO. AmendmentNo. 1 to.theagreementisto,extendfhe term through December 31. 2007 wbichis required to complete the installation of :fiber optics thatiscurrently being installed throughout the City. There is no cost associated witb the amendment. Amendment No. I requires approval by the City Manager. Your signature is requested to execute the attached amendment. .1. r:\Hugbcs\2007\memo\LGC.lnlaud memo/ajp . .' "', FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LGC INLANO,INC. VERlZON FISEROPTIC PROJECT GEOTECHNICAL INSPECTION and MATERIAL TESTING THIS FIRST AMENDMENT is made and entered into as of July 1, 2007 by and between the City of Teme~ula, a municipal !::orporation("City") and LGClnland, Inc. ("Consultant"). In consideration of the mutual covenants and oondltions set forth herein, the parties agree as follows: 1. This Amendment is made with respecttothe following facts and purposes; A On June 27, 2007 the City and Consl,lItaht entered into that certain agreement entitled "City of TemecUla Agreement for Geolechni<:al Inspection and Material Testing C'Agreement") inlheamountof Eighty Six Thousand Two Hund~ed Fifty Dollars and No Cents ($~G,25Q.OQ). 2. Section 1 TERM of the Agreement Is hereby amended, to read as follows: Section 1 TERM. This Agreenlllnt sh,all cornrnen<:;e on JUI'IG26,,200G, Md shall remain and continua In effect until tasks described herein are completed. but in no evenllaterthan Oecember 31, 2007, unless sooner terminated pursuant to the provislol1sof this Agrel':lrnel1! 3. Except for lhechangesspeclfically set forth herein, all other terms and conditions of the Agreement shall remain In fullfqrce and effeot. 1 R:\Agreements\LandOev\2001.0008\LGO VeniooGe<llech Amend t CUent#: 11Me " ,.GCtNLAND ACDRD.. CERTIFICATE OF LIABILITY INSURANCE I ~~g:iI'lYI THIS CERTIFICATE IS ISSUEO AS A MATTER OF It/FORMATION ONLY ANO ()OtjFERS NOR1()lHTSUPON THE CERTIFICATE HP~PER. THISCEItTIFICATli ODES NOT AMEt/D, EXTl'NP OR ALTER TIlE COVERAGE AFFORDED BV THE POLICIES BELOW. PROO1JC:Eft; Dealey. Renton & Assoch.te. p, O. B<>x 10560 Sante Ana, CA 92711.0550 714 427.4l810 INSURERS AFFOROING COVERAGE . I.GC Inlend 41531 Date Street Murrleta,<CA 92562 iN....RER.'" United Slate. FldoliW & Guamhlv 'NSUIU!R a.Amerlcan Automobile ln$. Co. iNSURERC, Evaltsloltlns.Co. liNS\Jllat'" I.INSURERE: INSURED '. COVERAGES THE I'OL~I.S0F1NSURJWGE'USreoSElOW HAVE S.Ei'lISSUEO TO T~E INsu"ao NAMED I\I!OYE. FORTHEPoLlcVpE.l\'ODlNDICATE.P.ND1WITliSTANOINJl ANY RE.Q\J1RE.MgNT. TEAM OR CO~DITION OF IoJolV CONTRACT oR oT~E.l\ OOCUMENT WITH RESPECTTOWHICHTI<I$ CE.l\TlfICATE M"Y SE. !$SUE.POR !MY PE.RTAIN. THE I1'ISURANCE AFFORDED aV THE eo~IESDESCRIB.D H\;I\E1N IS' SUBJ.cr TO ALL THE TERMS. OXCL1JSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE~l/,UTSSHOWN MAY HAVEBEl!N Rl;PUCEDIlYPAIO CLAIMS. t19- TY9S()FJNSURANCE PQLlCYNUMSER '~kfJI~-;r,s%~ A GENEML LtAlllUTY BK01S03695 04109107 X COMMERCIAl.Ge"eIlALLIAIlILlT'i Gen. Ll.b. policy = :J ci.A1M$MAOEf:El OcCUR e:lCcludesclaims arlslngoMI of tM .-J perofrmanpe ,,' G~'t"'GGREGATEUI,UTAPPUESPER:' prof.s~1'V'I~$ ,pouc'in ~f}fT n Loo A ~TOMOlllLEUABJUTY ElK01S0~69$ ~'f AUTO Al-LQWNED.AUTOS SCHlmUl.EDAU'TOS K. Hlf\€PAUTOS .K. N:ON"OWHEDAlJTO$ "Cl1C'r~RAltQH " 6ATF I ONVI 04109/08 EACHC>CCU.RREWCE FJRE.DAMA.GE(Ariyt>>\l No) I MED.EXP{AAv .ent: iUlimtil peRS0NAl..4AOvlUJORV GENEAALAGCA.ECA'TE PRODUCTS~COIdPfOPAGG 04109107 04109108 COMBINEO_$:IUG1.e UldlT (&acddati\) $1.000,000 80DILVjNJURY (PuparlM} . $@II.YtN.l\lf\.... (Ptraeic:il;tellt) I PROPERTYOAMAGE (peratddtfrt) . EACH OCCtlARE"Nd:. I MGREGATE AUTOOM.Y"EAACCIDENT $ EA-ACC, S ASS S . $ . 6ARAGSUABIUlY =1~yAt1T() S)(c&SSlIABIUlY :J o~ o CLAIMS MA~ --, OE.QUCTlBU: IRETElfr10N S B WOma:RS CClMPtHOATtCiHANb EMPLOVERS'UA91UTY OTHERIMN AllTOONLY: IlH1WZl>80949260 04/09101 04109108 . Xj,.~"f~M;1 ~, !!.L ""CKACCIDt!IlT .1.!lOO,OOO EL OIS""'" ."" eMPLOYEE .1.000,000 E<LDlSEASE~pOt.lCVl.Wrr: 11.00:0.000 $1,000,000 per claim $1,000,000 annl aOOr. C 0l1lERProfesslonal AES13006 04109/0104/09/06 "lability Olalms MacJa l:)eseiuprrON010P!RA"I'WNS/LOCATloHstV:e~lcLESIEXeI.U.sIOHs:AoDl':D8Y ENOOfUlEMMISPECIALPROVl$loH$ Re: Verlzon FlberOptlc Project CERTIFICATE HOLDER I. AOOI11OUAllNSUREDlIHSumuut!rrER1 CAN,C,EllATlON T~"ra;tlv:!\Jn'ft"Afln'~nn.pR}fI11Anfnf Pmmlum SHOULD' ~1fie:ABOVEi:IiESCRlflEI) PCUi:lfiSBf!cANCEl1.EDSRFoRE.1HEEXPtRAnoN CATE THEfWOF.,THEISSOOlG mSURER ~~TO",~lt.3.!L-oAYSWRlTJEtl nonce:ro'rtt:&.'1:iRnFJeATE'HOf.DEltttAMtD'l'OTHI!:LEPT.............. .................~k ~._........\n.......~XM>>~k....\,.~~~.....OlI. CIly of Temecula Public Works Department P.O. Box 9033 Temecula, CA 92589.9033 ACORD 2$.11 (71!l7)1 of 1 #M190173 ~(r""",:,",':".'.A"7"C AU~RtUOR~PRES~l'AT1V15 ....J~,.C~ JMC Ii> ACORD' coltPORAnON 1988 ~, ,~ FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LGC INLAND, INC. VERlZONFIBE;R OPTIC PROJECT GEOTECHNICAL INSPECTION and MATERIAL TESTING THIS FIRST AMENDMENT is mad~and ent~redinto<isof July 1, 2(l07 by and between theClly of Temecula, a municipal corporation ("City") and L(>Clnland, Inc. ("Consultant"). In consider<iUon 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 June 27.2(l07 th~ City <ind Consult<lnt entered into that certain agreement entitied "Clly of Temecula A!,lreement for Geoteohnical Inspection and Malerial Testing ("AQreemenl") in the amount OfEightySlx Thousand Two Hundred Fifty Dollars and No Cents{$8G,25Q.OO). . 2. Section 1 TERM of the Agreemenlis hereby amended to read as follows: Section 1 TERM, This Agr~ementshall commence on June26,2006.andsMII remain and conlinue in effect unfiltasks described herein are complet~d,butin no event later than December 31. 2007, unless sooner terminated pursuant 10 the provisions oflhis Agreement 3. Exceptfor th~ ch<inges specUlcatlyset forth herein, all other terms and conditions of the.Agreement shall remain in full force and effect 1 R:\Agreements\l.olldOev\2007-200S\LGC Verizon Gootech Amend 1 ..' ,~' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and ye:;Irfirst abovewrilten. CITYOF TEMECU~ $uJL $h:;Iwn D.Nelson, City Manager ATTES: 'Approved AS t ~~ petE!'r M. Thorson. City Attorney CONSULTANT LGC'lnland,lnc. 41531 Dale 51. Murrieta, CA 92562 (951) 461.1919 ~I& / Greg Uecker, Vice President .~ (Two Signatures RequIred For Corporations) ~ . . r)1\%S " . AGREEMENT FORPROFESSIONAl.. CONSULTANT SERVICES VERIZ()NFIBER ()pnC PROJECT FISCAl.. YEAR2Q06~2007 GEOTECHNICAL INSPECTION and MAtERIAL 'TESTING "c THIS AGREEMENT is made and ;ffeCUveas of Jllne27, 2006. between the City of Temecula, a municipal corporation ("CIly") an(l LGClnland,lnq, ("Consultanf'). In qonside$tlon of the mutual covenants and conditionS set forth herein, the parties agree as follows: 1. TERM. This Agreementshall commence 011 June 27, 2006, and shall remain and. continue in effect until tasks describe(lherelnarecompteted. bllt InnoevenUaterthan June 30, 2007, unless sooner terminated pursuantto the provisions of this Agreement. 2. SERVICES, Ccmsllllantshallperform the services and tasks descrlbed and sel forth in Exhibit A,attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in ExhibIt A. '. . 3. PERFORMANCE,. Consultant shall at all time faithfully. competenUyand 10 the best of his or herability, experience, and talent. perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utiliZQ.d by pel'SQns engaged in providing similar servIces as are required of Consultant hereunder in meeting its obligations under this Agreement . 4. PREVAILING WAGES. Pursuantto the provlsion~ of Section 1773 of the Labor Code of the State of California, theCityCoul1cllhas qbtained the geneml prevailing rate of per diem wages and the general rate for holitlay and overtimeWqrk in thislocali!y for eaqh craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained fromlhe CalifomlaDepartmentof IndustrialRelalions' Intemet web site at http://....ww.dir,ca.gov. Consultant shall proVide a copy of prevailing wage rates to any staff O( sub-contractor hired. and shall pay the adopted prevailing wage rates as a minimum. Consullanlshall complyWiththeprovisions of Sections 1773.8,1775, 1776, 1777.5, 1777.6, and.1813 of the LaborCotle. ?llrsuant 10 the provisiomrof 1775 ofthe LabOr Gode. ConsultantshaU forfei!to lheGlW. as a penalty, the sum of$2s,oOfor each calendar day,orportlon there(jf, fqreachlal:lorli!r, worker, or mechanic employed, paid lessthanlhe sllPulated prevailing ratesforany work done under this contl'llC!, by him or by any subcontl'llctor underhim, inviolatiollof the provislonsofthe Contl'llct. 5. PAYMENT. a. The City agrees to payCohsllltant monthly,inaccordance with the payment rates and terms and the scheduledf payrnentl:\sse!forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorpQJ"atedherein by this referance as though setfqrthin full, based upon actual time spent on the I:\bOvetasks. MY terms in Exhibit B olher than the scope of work to be performed. payment ratesandschedlJlli!ofpayment<lrenlJlIl:\lldvoid. This amount shall nol exceed eighty Six Thousand Two Hundred Fifty Ooll.arsandNo Cenls($8G.~5D.OQ) forthetotaltenllOf the Agreementunless additional paymentisapPl'Ovedas provided In this Agreemenl. b. Consultant shall not be compensated for any services rendered in connectiol1 with its performance of thlsAgrE!ement which are in addition t9those setforth herein, unless such additional services are authori~edin advance and in writing by the City Manager. Consultantshall be compensated for any additional servicesJn theamOt.!nlsand in the mannE!ras 8greedto by City 1 ClO\-"..O;"'........."...\I ^'''It'\I''M...'\....nN:t......^!7 ,......."'O::;;..."'I...."",:.;.j......... ,#_~....;,;.-............,..\O . .. ,.,.., . . Managl';lr and Consultant at the time City's written authorization is given to Corwultant for the performanceofsaid selVices: c, Consultant will submit invoices monthly for actual selVices performed. Invoices shall basubmitted between thelirstand tifieenth business day of each month, forseJ'Vices provided inihe previous month, Payment shall be made within thirty (3Q) days of receipt of ~ach invoice as to all non-dlsputl';ld fees, If the City disputes any of consultant'sfeesitshall give written notice toConsullant within 3Q days of receipt of a invoice of any disPllted fees set forth on the invoice. 6. SUSPENSION ORTERMINATlON OF AGREEMENT WITHOUT CAUSE, . a. ' TIiEl City may atanyllmEl,for any reason, with orwithOl)t C<Jl.l$El, suspElnd pr terminatelhis Agreement, or <lny portion hereof, by serving upon the consultanlalll';last ten (10) dayspriorwrillen noUcl';l. UPon rl';lceipt of said notice, the Consullanti:;hall immediately cease all work LInder this Agreemenl, unless th!l notlceprovidesothelWise. IUhe Cilysuspends orlerminiijtes a portion of this Agreement such SUSpenSionorlerminiijlion shall notmak!l void or invalidl:ite the remainder of.lhis Agreement. b. In the eVElnt tliisAgreementis terminated pursuant to this Section, the City shall pay to Coni:;ultiijnl the actual value oflhe work perfOrmed \JP to the time of termination, providedlhat the Work performed is of value to the City. Upon termination of the Agreeml';lnt pursuant 10 this Section, Ihe Consultant wll.submit an invoice to the City pUrsuant 10 Section 4, . 7, DEFAULT OF CONSULTANT. tI a. The Consultanl'sfailureto,complywilhlheprovisions of this Agreement shall constitute a default In the eventthatConsultal'lt is in default for cause under the terms oftl1is Agreement, City shall have no oblifj!ltion or duty tocontinue.compef!i:;ating'ConsultantforanyWOi'k performed aflllrthe.date of defaiJltand can terminate this Agreement immeqiately by written ,notice to the Consultant Ih;uch failure by the Consultant to make progress In the performance of WOrl< hereund!lr arises oulqfcauses beyond the Consultant's control. and without f<!ult or negligenca of the Cqnsultant, ilshall not be,conside~dedefault b, If the City Manageror his delegate delenninesthat the Consultant is in defaiJlt in theperfonnance of any of the termsoroondilions of this Agreement, itshallselVelhe Consllltant with written notice of the default. TheConsuitantshall have (10)days afterselVice upon it Of!>.illll notice in which to cure the default by rendering a satisfactory perr~. ",,,,,,,oe. In the evenlthat the Consultant falls to cure its default within SllCh p(lriod of time,the, City shall have the right, notwithstandin\} any other provlsionoflhis Agreement, to tl';lrminate this Agreement with9ut further notice and withoutprejlldlClltoanyotlierremedy to which itmay beenlitled at law, in equilyor ljnder this Agreement. 8. OWNERSHIP OF DOCUMENTS, a. Consultant shall maintain C()mplete and aCCUn'lte recordS With respect to sales, cosl:;, expenses, receipts and other such Information r!lquired by City that relate 10 the performance of services under this Agrj;lemElnt. Consullantshall maintalnaqequate records of selVices provided In sufficient detaiUo pellTlitan evaluiijllonof selVices.AII such re<,';ordsshaJlbe maintained in accordance wlthgenerallyacceptedacCQuntingprinolples andstlall be oleariyldenti- lied f.l.nd readily access1b1e,Consulteml shall prOVide free aCCess to the representatives of Cilyor its dei:;lgnees at ,\oa;,,,,,,,,,L!e limes to such booK!> andrecOrds.sliall glveCltytherigtlllo examine and audit saidb~oksand records, stlall permit oity to make transcripts there from as necessary, and shall allow Ini:;peclion ,o1.all WOrk, data, documents, proceedings and activities related 10 this 2 g''Agr..ni.nlo\l.ANO 0ev\200s.2007 Contracl$Il,.GC IlJ!and - V.rl~Cl'lG.ot.cIl . . . ... ,,. . Agrel:>ment. Suchrl:>cordS.logelherwithsupporting dQCUml:>nts,shall be maintained for a period of three (3}yearsaflerreceiptoffinal payment. b. Upon complelilJl1 of. or ih the event of termination or suspension of this Agreement. all original doc:uments,.d(jSignS, draWingll. maPll.mQ~elll..computerfilescontaining data generated for the work, sUlVeys.ngteS,andolller doqum!1lnts prepared in th!1lcourse of provi<:lingthe services to be performed pursuant to this Agraementshall becomelhellOleProperly of the City Emd may be used, reused or otherwise disposed of bytheCitywllhoutthe permissiQl1 of theConj:.ultl;lJ1t. With respect to computer files containing data generated for the work, Consultant shall make avaJlable to lheCity. upon reasonable written request by theCny. the necessary computer software and hardware for purposes of accessing, c:ompiling, llansferring and printing computerfilell. 9. INDEMNIFICATION. The Consultant agreellto defend, indemnify. protect and hOld harmlellll the City, itsofficer$, officials. employees and volunteers from and against,any and all claims, demands.lossell, defense cosls or expenses. including altqmey fees and expert witness fees, Qrllability of anykindornaturewl1ichthl:>Ci1y. its officers,;Igenls and employees may sustainorincur or which may be Imposed upon them for injury 10 ordeath of persens,.or c:lamage to properly arising out of Consultant's nesligent or wrongful acts or omissions arising out of or in any way related. to the performanceornon-performanceofthis Agreement. excepting only liability arising outonhe negligl:>nce oftheCily. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of theconlract insurance ag<linstclaimsfor Injuries to persons or damages to properly. which may ;:lrlse from or In connection with the performance of the work hereunder by the ?onsultant. its agents, reprl:>sentatives, or employees. a, Minimum SCClOeoflnsural'lde.CQverage sh;:lll be at least as broad as: (1) Insurance Services Qffice Commercial General LiabilityJorm No. CGOO011185or88. ~ (2) Insurance Services Office Business AutQ Coverage formCAOO 01 06 92 covering Automobile Liability, coc:le 1 (any auto). If the Consultantowns no automoblleS.,anon-owned autoendorsemenlto the General Llabili1ypolicy described above Is acceptable. (3) Wtlrket's Compl;!nsation Insuran(;l;! ;as required by Ihl:> State of California an!:! Employel's !.lability Insurance.lftheCQI1sultanthas!lQ employees whlleperformin9 under lhisAgreement. worker's compensation Insurance is not required, butConsultantshallexecute a declaration that ilhas no employees, (4) PrOfessional Liability Insurance shall bl:> written on a policy form providl!l9 profession;:ll liability for the Consullant'sprofl;!ssion. b. Minimum limits of Insurance. Consultant sh,lii maintain limits !lo/ess than: (1) General liability: Onemillion dollars ($1,000.000) peroccurrenceJt:lf bodily injury,PI:>rson;:lllnjuryand properly<gamage. If Commerclal General LlaQiljlylnsu@nce Qrother fOrm with a general agl;lrl>9ate IimitIsused,ellherthe general.aggr~ate Iimitshall apply separatl:>ly 10 this projeclilocaUonorthe genl:>ralaggrEilgate limit shall be twice till:> required OCOUITence Iimil. 3 R:\A~ruoments\i.ANODev\200~Z()07 CQOtta~\l.GC Inland -Vsfiztul GeoUlch . . Automobile Liability: One million dollars ($1 ,000,(00) per accident for bodily injury and prop.erl.y damage. Worker's compensation as requlredby the Slate of Califomia; EmplOyer's Liability: qnemllli6n dollars ($1,000,000) per accidentfor bQdllylnjury or disease. Professional Liability coverage: 'Two million ($2,000,000) per claim and in aggrll9ate. c. Oe<l\JcUplesand Self.lnsured Retentions, AnydedUclibles or self.insured r.,tenlions must be declared to and approved by the City Manager. At the option of the City Manager, eithllrthe insurer shall reduce or eliminate such deducllbles or self.insured retentions as respects the City,lls officers,officials,ernployees and volunteers; or tl1$ Consultantshall procurU bond guaranteeing payment of losllesand related Investig/1tions, claimadrninistrationand defense expenses. (2) (3) (4) d. Other Ins\lrance Provisions. 'The general .liability and automobile liability policies are to CQntain, orbe endorsEld to CQnlain, the following provisions: (1) TheClly, its officers, officials, elTlpl6yees and volunteers are 10 be covered as insured's as respects: liability arising out of activities performed by or on behalf of theCQnsultllnt; prodi.lcls and l;9mpleted operations of the Consultl!int;premlses own~, occupied or used by tile Consultilnt; or automotlllesowned, leaSed, hireclor bouowed by the Consultant. Thel;9verageshallcontain no special limilatlonson the scope of Ilrotection afforded to the City, il$Officers,. officials, employees, or Volunteers. (2) For any claims related to this project, the Consultant's insuranqe coverage shall be primary Insurance as respectslhe City, lis officers, officials,employeesandvolunteers. Any insur..nce or self.insure.d mainlalne<lbytheClly.its officers,officials, employees orvolun!eers shall be excess of the Consullant'sinsuranceand shall notCQntribute with it. (3) Anyfailure to comply with reporting or other provisions ofthepolicles inctUclln~ breacl1esof warrantlessh<lll notalfect oovera!ll!pn:>\iide<lto theCily, its officers, officials, Elmployeesorvolunteers. (4) The Consultant's .insurance shall apply separately 10 eaqh inslJred agailllil whom cl/11m Is made or suit is brought, except wilh relipeClto thfillimlts ofthe insl.lfer'lillabillly. (5) EachJnsurllnCe polley required by this clause shall be endorsed to stilte that coverage shall not be suspended, voided, cancelfild by either party, reduced in coverage. or inlilTlitsexceptafter tlilrty {all) days'prlor wrlttennoticebycertlfied mill!, return receipt requested, has bean given to tIleelly. e. , Acooojab!litv6f lIlSUre.J1I. Ill1lurllOce is lobE/placed willi Insurers with a current A.M. Best's rating of no lesslhan A:VIl, unlass othE/rwise acceptable to thE/City. Self lnsurancesliall nol be considered to complywilh lhese inslJrance requirements. 4 R:\l\grnemonlo\U\ND 0..1200&-21)07 C<:>illracls\l.GClnland - Verizon Geolecll . . f. Verification of Coveraqe. Consultant shall furnish the City with original endorsementseffecllng coverage required by this clause. Th.eendbl'$emen\S are to be signed by a person authorized by that Insurerto bind coverage on its behalf. The endorsements are tp bOl on fOnTIS provided by the City. All endorsements are to be received and approved by the City before work commenC\')s. As anlillwmative to the City's fOnTIs, the Consultant's insurer may provide complete, certified copies of all, required insurance policies, including endorsements effecting. the coverage required by thesespeclfications. 11. INOEPENOeNT CONTRACTOR. a. Consultantis and shaliatalllllllesremain as to the City a wholly independent contractor. The p(ll"$onnel performlng the selVlces under this Agreementon behalfof COnsultant shall at aU times be under Consultant's exclusive direction and contrcl. Neither City nor any of Its officers, empi9yees, agents,or volunteers shall havecontroJ over the conductqf Consultant or any of Consultant's officers, employees, or agents eXC!lpt as set forth in this Agreement Consultant shall not atanytime or in any manner repl"lilsent that itorany oUts officers, emptoyees or agents are in any manner officers, employees or agents of the City. Consultant shall not inc!J(or hav!:lthe power to incur any debt, obligallon or ltabllity wnat~ver against City, or bind City in any manner. b. No emptoyee benefllsshallbe available to Consultant in connectionwllhthe parfol111ance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaJ'ies. wages,prother compensatibn 10 Consultant for perfonTIing selVices hereunder for City. City shall not be liable for compensation or indemnification to Consultant for Injury or sickness arisihg out of performing selViees hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itselfinfonTIed of all lo<;at,Stat~ and Federat ordinanc;es, laws and regulations which In any manneraffectthose employee! by it or in anyway affect the/P!lrformanceofits s!llVlcepursuanUo this Agreement. The Consultant shail at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers andempioyees, shall notbeliable.at laW or Inequity occasioned, by failure of the Consult;;nt to comply with this section. 13. RELEASE OF INFORMATION, a. AllinfonTIatloogainedbyCQn$ultantin petfo,nTIance of this Agreement$hall beconsidereQ confidential and shall not be rllleased by Consultant without City's prior wrltlen authonzatiQn. Consultant,its officers, employees, agents or subcontractors, shall not withoutwrillen authotizatipnfrom the City Manager or unless requested by the City AUQmey, voluntarily provide declarations, letters of support, testimony at depositions, re$ponse to lnterrogatorie$ or other Information concerning .llle work pe, fv"",,,,d under tl1l$ Agreement or relating to any project or property IoCllled withinlheCity. Response to a subpoena or court order shail not be considered .voiuntary" provided Consunant glvesCitynoUce of suqh court order or subpoena. b. Consulliilntshall promptly notify City should Consullant, lis officers, empipyee$, agentsorsyocontractors be $elVed with any sumrnons, complaint, $ubpoeni!, notice of depo$itlQn. request for documents, in;O""li"lories, I"lilquest foradmi$s.ions or other discovery requflst, court order or subpoenl\ from any party regarding this Agreemenland thewpr!<. perfol111Eid thereunderorwith respect to any projector property located within th!lCity. City retains the right, out ha$noob(igauon, to represent Coo$ultant and/or be present alany dePosltlon,l1earingorsirnilar proCfi1eding. Consulli!nt agrees to cooperate fully With City an~ to providl;! City with the opporlunltyto review any response to discovery requests provided byCoo$ullant. HOVv'ever,.City'srightIQ review any $uch response does not imply or mean the right by Cityto control, direct, or rewrite said response. 5 RMg",.",.nls1l.ANO 0ev12ll06-2007 Con~acts\lGC Inland - V.tIZOn G.oloch . . 14. ,!\lOnCES. Any notices whl"h elthElrp<lrly I11<1Y dElsil"EltogivEl to the other party under this A9reement mustoe in writing and may be given either by (I) pllrSon<l1 selVlcll, (il) dellverybya reputablEl document dEllivery SElrvicEl, such <IS but Dot lImited to, Federal ExprElss. th<lt provides. a rElceiptsl10wlng date. <lnd llme of dellvery, or{m) mailing in the United Stllt~s M!lil, certified mail. postage prepaid, rell.lrn fElceiptrequested.addressed to thEl address of tOE! Pllrly<ls set forth below or at any other address as that party may later designate by Notic,e. Notice shall be effective upon delivery to the addfElsse.s specified below or onthEl third business day fOllowing deposit with the document delivery selViceor United States MaiLas provided above. To City: City ofTemecula Mailing Addl"Elss: P.O, Box9033 Temecula, Califomla 92589.9033 43200 Business Park DriVEl Temecula, Califomla 92590 Attention: Cily Manager LGG Inland, Inc. 41531 Date street Mumeta, California 925$2 Attention: Gary Uecker. Vice President 15. ASSIGNMENT. Tl1e CQnsul!antshaU, not assign the penormance of this Agreement, nor <lnyparl th$reof. nor any monIes due heraunPer,withoutpriorwritten conSElntof the City. Upon te....;"..;;on of this AgreElment, Gonsult<lnt's ,sole compensation shallbep;ayment for actual services Performed up.to, and including, the date of termination or as m<lY be otheJWise agreEldto in writing betwElenthe City Council and the Consultant. To Con~uJt!:mt; 16. LICENSES. At all tlmesduringthelermoflhis Agreemenl,consultantshall have in full forCEl <lnd effect, alllleenS!:!$ rf:1Quir!:!dofit byl<lwfor thEl performam)!:! of the services described In thIs Agreemeht. 17. GOVERNING LAW. The City and ConSultant undel'$umd <lndligree thatlhe l<lws ofthEl State of C<llifomiash<lfl govElmthEl right$,obligations.duties~nd liabilIties oftheparlje$ to thls Agreemenl<lnd <llso gowm the interpretationoflhis AgrEllilment. Any Iitig<ltlrll"l concerning 111lsAgreem!:!nt shall take place In the municipal,sUpEllior.orJederat dlstrl\)t (;()urtwith g!:!Qgraphic jurisdiction overthEl Cilyof TemeCl41<l_ In the ewntsuchlllig<ltloni$filed byoneparly <lgainslthe otherlo enforce its righls undetthis AgreeOl\mI,the pfElvaiill\9party, asdEltermined by the Court's judgrJ'ient, shall bEl entitled to reasonablEl.attomeyfeesand IiUg<ltlonexpensEls.forthereliefgranted, 18, PROHIBITED INTEREST. Noofflcer,oremploYEle ofthEl CiLYofTerJ'ieCl4I<l shall have any financl<ll Interest, dil"Elct or indirei;t...in this Agreement, thEl proceeds thElrElof, the Contractor, or Contractor's sub-contractQrs for this projElct, during hlslhll' tenl.lre or foronEl year thElreafler. Th/:l Contrar:torhereby w<lrrantsand representstothe.Cilylhal1100fflcer or employee of thEl Cilyof T emeculahl'ls <iny interest, whether contractual, non-contrai;tual,f1nanclal or oll1lij'WIsEl. in this transaction, or in the business oflhEl Contractor or Contractor's sub..conlraclol'$, onlhls project. Conlrac!orf1.lrthera9raesto notlfy theCI!}' in \he evenl any such interest is discovered whethElr or not sl.lr:h inlElrestis prohibiledby law or this Agreemenl. 19. ENTIRE AGREEMENT. This Agreemeillconl<ltns the entire understanding between the parties rel<lling tolheobligat!ons oflhej)artles d,escribedln this Agreement All prior or contemporaneous agreements"understandings, raplesentallQns.and Statements,.O[<l1 orwrillEln. <Ire merged into Ihis Agreement and shall be of no furthElrforce Of effect. E<lch party is entering into this 6 R:\~~,_~",,~..ls\1.ANO Pfw'l~006~2007(";ootr_acf:i\J.;GC Inland - VEtriZOllGf.{O~ .' ,.' . . '. ,~ Agrel':lmentbased solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems rnaterial. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The perljon or perSQOl; executing this Agreemellt on .be)JalfofConsultantwarrantsand represents that he or she has the, authority to execute this Agreement on behalf of the Consultant and has theaulhorlly to bind Consultant to the performanceofits obligations hereunder. INWITNES$WHEREOF, the partiesherelo have caused thisAgreementto be executed the day and year first above written. i-- . 71 bJ. .... $usaJJoes. MMC, City Approved As to Form; . ~~ .fvr Peter M. Thorson, City Attorney CONSULTANT LGC Inland. Inc. 41531 DateS!. Murrieta, CA92562 {951J461.1919 h~ / Greg.Uecker. Vice President '.W-f.i" f?Etfi?&44!AJ Akr1;de//f 'rypelPrinrname& TItle (Two Signatures of CorporateOfflcer1il Required FQr (;9rporations) 7 R:\A&. -,-..,,,,,:'" \l..ANQ~iA20Q~2007COtdra~\LGC,lnlilnd'- Vet1~9_nGeptoch .' . ... '. '''- EXHIBIT A TASKS TO BE PERFORMED . VERIZQN Flee~ OPTIC PROJECT FISCAL VEAR2006"2007 GEOTECHNICAL INSPECTION and MATE~IAL TESTING ,- . . . 8 R:\Agreemel'llsIi..ANO Oev\2006'2007 Conlract.sllGC Inland - Veri"", Ge<llecl1 '" IIIII . . ..NLANDIINC. Gaotechl1lcal.Consultlng . ~ May 30; 2006 PropOsal No. 1061395-99 . .. Mr. Jerry Berg VALl COOPER 3400 Market Street, Suite 250 Riverside. Califomia 92501 Subject: J?evised Proposal to Perform Qelltec1mical Observatioll atld Testing Services during Con$fructiM Operatiol/s (Sidewalk Suhgrade41/d ,4ggregate Base Compaction Tesling)for Various Verizol' Projects Located intheCily OfTelfteell/o, Riverside Coun/;!" Calif am/a Introduction In accordance with your request, LOC Inland, Inc. {LOC) has prepared this revised proposal and cost cstimate to perf"Qrm a gee>lechnioaI obsctvationandtesting sctvioes (sidewalksubgade and aggregate base compllotion testing) for variQUS' VeriZQU proje;;ts lQcaled inllJe CityofT<i'!necula,CalifQrnia. Sr::oveiJf8ervii:es L ObServalilm and Testinf! During . PQst grading activities are expected to include testing of sidewalk subgrade and aggregate b~. Based upon conversations willJ tne City ofT<i'!necula's inspection. we have revised the estimated hours per week to a maximumpf 16. In addition, we have elitllinatedlhe need fora fprmal weekly repe>rt, as it is our \lllderstanding that our "field Daily ~epClrts>> willbeadcql)llle. Construction costs (per site} are estimate to be: , . ;0'>"'''-1'''',.''....,'''-......,."..,..''''''''".......,,'''......., "","" '-,', ,.......", '7.~.;;..."'''~/If~,' .l'>"', ':r.""""""'il>:.t.~"",,... ~~~,zs~~~;.ur'OO;)~Al-~.l;:lJ.t:..vLJJ,.Uf~~'U:l;~~. :;:, Ul.~n""m;lR.....wjj.~~lY.~~UtI SldewaikSubgradCl'llld ;~hts ' eek@.S....!hr( ,,) SI15200 All~ateBase "perw... , ~. , . Fillld Ooerations Manaller 2hrsperweek(iij$951br ,$ l'tl)J)Q SublolaL' $1.342.00 ,."""~~~N~. ~ ,Maximum Den~ties (One sIlb~ade and one aggregate base Dersile) I Estimated Costs $330.00 ESTIMATED WE.EKLYCONSTRUCTIONSERVICE$, S 1.672;00 41531 O'ateStr<iG't- .Mtlfti..ta, Ol'l. 9'2562 "(il'51) :46'1..1919 .' l'"aO<(9,511461.7:677 ,111111 II I II, 1III.Ii . . Thefol1owingassu.mptiOilS have been made: . Only OIle (I) subgrade soil and one (I) aggregate base matenallaborntory compaction will be required at eachproject location. Additional tests, if required, wilLbe p~L....edata eost of$140 per soil sl\ll1ple and $190 per aggresate base lllilterial. . Field testing will be 00 a paIHilllebasis Urtles.s oth~ise specified. . Oiu" field lechnieian,will be charged at a rnte of$1Z1hQur for \,ith~a s\'niorfieldlech.nician or teclmlcian 1 grade.(a savings of $131llour from our Senior Teclmlcialuate). . ~, Please note thattnere are many factors, such as contractors schedule, agency requirements, weather conditions, and . type of material, used for backfill, which signifieantlyaffect the total cost. of our geotechnical services during grading and postgrading. These factors are generally beyond our control,lIlld this cost estimate is bll$ed on nonnalworldng conditions for your budgetary purpcaes. We propose to p~oxm this work on atime-and- materials basism accordance with our 2006 ProfessionalFcaSchedule. Ourestbnated per site coSlSwillconsist of weekly geotechnical observation 3lli3testing cosls, 0[$1,342.00 (maximum of 16 h9Ursperwe*)and ap~ site chlll'g\,Qf$330fQr laLv.w,,,.i cQmpllctlQn testing (9lJe set <<lllSistingof Qne soil and one aggregate base maximum density). :Howcv~.Jouwmbc charged only"fQr the actual time and labQratorytests accl"\lOO; which may armay nofcltc\'oo tne estimatedcosls. ~ If this proposal meets with your apprQvll1, please sign theeccompanying workauthorizatiOIl or'proYide>lIs with Y9ur contract. We will slart workil1UllCdiately upon signing a mutually agreeable contract. The opportunity tifsubmitting this t"'''JN..I is sincerelYllppr<ociated. Jfyou should have any Q\lesti9ns, please do not hesitate to contact our office. SinclII'ely, LGC INLAND, INC. h Greg Uecker ViCllPresident GEU/ko bistributiQn: (2) Addressell (I) CityofTem.ecula, Public Works Dept" Atln: Mr. Chris Whit\' Attachment: 2006 Professional Fee Schedule Tenus and Conditions of AuthQri:z:ation Proposal No. 106139.5-99 Page 2 May 30, 2006 .' .- . .- . . EXHIBITS PAYMENT RATES AND SCHEDULE 9 R:\Agte.em6i1ts\LANOOeV\2006-2007 ContrScfS\l,.9C>lntand ';"Vemon Gootocn . . . 2006 PROF"ES~IOf!AL FBESCHEDllLE GEOTECHNICALSERJlICES ProfesslollalBillilll'-R9'ta (nerhour) Word PrQ<:essing .......... ...... ............... ........ .............. ............. ............. .............. .........m.... ........... .....................$50.00 CAl) Operator .............................................................................................................................. ...,...............$65.00 CAD Manager .................................................................................................................................................$80.QO Teclmieilln 1 ........................... ..... ................................................................................................ ........,.... .......$72.00 Senior Field' Te.clmiCiian ~.........H...................u.._.........'............... .............................0 n......U...........................M. ..n......$8s:~OO. Senior l'ield. Supervisory Technicilln................................ ............... .... ... ..... .... .... .... ... ... ....................... ......... .$90.00 Field Opel"alioils. Manager.. ......... ..................:................... ............................:................ ....... .................. ........$95.0Q StllffEngineer/Ge<:>lo!list. .......................................................... ................... .....;.......................... ,. .................$90.00 Senior St.affEngineer/Geologistlscientist .................................................................................. .................$100.00 Operatio~s.M.anager .......~......nu...'....._~.........n.n.....u................................................H.............u..... ............n.............~tl.lO.OO Project En!lineerfGeolc!lisl...................................................................................... ................. ....................$1,10.00 Associate Engineer/Ge<:>lo!list... ................. .................................................. ................. .... ........... "..... ..........$135.,0{) PrinoipalEngine~rfGeolo!list.. ................. .......................... ................... ........................ .................. ...............$160.00 En9incerin~Eouinmcmt V e1li-c,le Usage.......~H..H....~..................<<~.~...........................~......~,.....u......... .u............. ..........H..........................$S..OO/per.hour Tiltllleler, Inclinol1let~r Vibration Monilor............. ....................................................... ..,.............,...$60.00Iper day Nuc.\ear Soil Gauge........................................,...........,.......................................................................$7S.00fper day Water. Level Soundet...................H.U..U.......i..........,:...........:...................;;..... .................,:........... ........... ......:$.5Q.OQ/per day Portable Genemlo! ..,....................................................................... .............................. ...... .......... .....$50. O,O/per day Manometer........:..................................................m............................................................................SSO.OOlper day Other M<mitonng Equipment..,......,.............................................................,...........;.......................... Upon RequeSt ,Terms andCmuli/ions . Expert witness testimony, depos!tioll!i,ormClliation,conferenceswillbe billed at 2.0 limes the basic billing rate. . There are no o\'ertime chaxgas fot geologi$llttden!lineets.. Allteclmj.Qia.ris will bebilledat$10Q per hl>w for overtime. . Invoices axe rllf\dered monthly and payable llPonJe.l;eipl. . A retainer of 50% of !he fee is required for projects with a tOtal estimated fee of$3,OOO.OOor les$.The balance is due upon report deliVery. . Proposals axe valid for~O days unless olherwjse stated. . Heavy equipment, subcontractor fees1llld ..."".......:s,supplemeJlllll insurance, travel, shil'ping, reproduction, llttd other reimbursable expenses witt be invoieedat cost plus 20%, unless j)illed directly 10 and paid by eUeIll. . Client. agrees ti.> provide aU information in Client's pOSSession llbout tl1e actual or LQC Inland fl!rall costs related tl! lheirunanlicipated discovery. . For j]eld time less than 8 hours per day, portal;to-porta1travel time will be charged. Cilent#: 11846 Llr-OflD.. . CERTIFICAl'E OF LIABILITY INSURANCE LGClNLAND c;(.p .~ f 55 PROtlUcEft: Oealey, Renton & Assoclales P. O.Box 1asso Sanla Alla,CA 92711.0550 714427-6810 ~"'_om1 04f1OJa1. THIl!CERTI~IC...TE 1$ ISSUED ...6 A MArn;ROl'" INFORMATION ONLY AND CONFERS .NO RlSlH:rS UPON THI:: w"').w,c...re HOLDER. THIS CERTIFICATE DOES NOT AMENCl,E)(TI;NPOR ALTER THE COVERAGE AFFORDED BY TIlE POLICIES BELOW. COVERAGES THe. POUCtES OFINSUAANCEUSTEO.QELOWHAVE 'l3eENISSUEO TO..THe -INSURED _ NAMED ABOYE ~{jFtTHepOl.tCY-PERlOO iNDICATED; NOTWITHSTANOING MlY REQulllFMENT,mllM OR CONDITION OF !>.Ny CONlRAl:T Ol{ OTHEIl OOClJMENT WITH RESPECT TO WHICH THIS CERTlFICATEW\Y BE ISS\JSD OR MAY PERTAIN. THE INSURANCE AFFOROEO BY THE POUCI.S OESCRISliO HERE/illS SUB,ECT TO ALL THE TEIlMS.exCluSlOlIs AIIO CONDITlONSOF$UCji POUCIES, AGGIlECATE UMITS SHOWN MAY HAVE 8EENREOlJCEO BY PAlO CLAIMS. tNSR" T'f P...^"I......."~,...., I PO UCY........ '-'OUt;YEFfe(;TlVa IPOUl;Y.EXPIAA1IOfl.-, L.'~ tTQ ""'" " ..JYUO.... ........ rl4'1'j!!'W~ "nA"fS:U,l~tnl1t\1'Y'j ,....."" A S...""LIAIllLllY 91<01803695 04(09(07 04(09(09 EACHsctuRli.NCE 11.000.000 ~':~=:ru:: ::~V~:~ra~~; : :::::',::;' :::~=O T . arlslng,ouB>fthe I PERSOIlAL&AOV INJURY '1.000.000 I perofrmance of IO...RAL......EGA1E 12.000.000 GaN'L AG.GReGATEt.lUrr APPlIESPEA: prof. services t:>ROOUCT$;.COMPJOPAGG$2~OOO~OOO ~POUCYn~ nLOO A AOtOMOnu..-e"'tABIUTY AtNAUTO AllOWra;OAVTOs , IX j,WCSTATU'1 10"" '. - ('ll\'IYltUl'l't _ 'I'A ^ - E,t.:lOAcnACCIDENT s1~OO(tOOo. 1E.i.;DlSEAsE "EAeM~OVE" ,J1.000~OOO fu. OISEA$E ,,#POl1CV LIMIT. s1.00ttOGO $1,000,000 per ohlim $l,OOO,OOOanrtl"llgi". INSURED, INSURERS AFFOROING COVERAGE IN$tJ""RA: United Statelll'ldell!)l & Guaranty liISUR~RI" Am.rloanAutomoblle Ins. Co. IUSURi::R:C{'Evanst(:Jn InS. Co. mSURERO: lNSUAERe " ... LGC Inland 415$1 OamStreet Murrleta,CA 92562 . ..' 81<01803695 04f09/07 04f09J08 COMBJNeO SINCLE UMIT (Eoilecidcl'lt) I BODllYINJURV tPupBrwl) '-BODILY INJURY tP.t~nt) SCHEDULEfJAUTOS X.HtREOAUlOS X nou.:oWNED AUTOS PAOPmt'V DAMAC! (f'uaee/4tl\l1 GARAGE LlA8IUTY =tAllYA\IIO uceso UABlUlY ::J oeC1JR 0 WJM$MAlIE AUTOONLY:~EAAeCioeNr S EA ACe s .AGG t OrneR.THAN AUTOONty: EACHOCCUMENCf! IAGGRfGATE I I I l~~e:~E I B WORtu;IlS.COJIPE<<IIAUOl(,\Ha 8H1WZP80949i1.6Q EMi>LOYE!R$'L1AWTt 04109107 04/09/08 C Ol"HeR p((I!~ssIQI\lII 1>.1:813006 ,lability ~Ial"", Made OESCRIPll(JiH OF OPERATIOHSI1.OCATIO!l:J.IWHIct.EStEXCWSJONSA1)bSD _g't~OOR$EMEHTmECtAt.PROVI$lQNS Re: YMCA YMCA alldlne Clt)'OfTamecula areAcli:lltIQnalln$uredas ",spectsto generalllablllly 8sreqlllred by oontract. 04/09f07 04f09108 CERTIFICATE HOLDER IAODliKU'ALlHSUm::D~IUSURERLiimlf~ '1,000,000 I. I. t . I., . CIty of Temecula Attn: KevIn HarrlnlllOn P.O. Box 9033 Temeoula, ell. 92589.9033 CANCEttA1l6N T""n n~ti:N"t(~nfor'Non..P~ymanf:nfP;f!'rnW;n SHQW.O ARYOFT1leNlOVE DESCIUB"EOPOUClE$CECAACELLE08EFORE1lfE~nOH DAlETiiI;fU;OF. TtiE ISStJlNCINSUReR WfW~ TOMAlL311.-.0AYiWRm-&;N n01JCETC1'HE CERl1FICATtl HOLDERHAMEGTOJ1{ELEFT,)aC............_...,." j;l',llQ~~. ,.,........;.,....~.....,...,..,.~.",.JlIOOfilJCXl,.....\:.1I;-.........'~~.........;,;..:...;....,"'........,ill.....(_ I ACORD2$.s 17Js711 011 ~I-,~ .\In(lo~,~I)REJi1CEsEA1AnvE ....J~.('~ JMC liIACO!l.D cOlWORATION1S98. #M190173 . t ." ~ WAlVl:R OF OUR RIGHT TO RECOVER FROM OTHERS ENOOR$EMeNT ,> ~, , This endotsement changes !he policy to which It is attached effeCllve on the inception dateo! Ihe policy unfesSa different date is Indicated below. .... (The followlng'"auachlng clause-.needs to be r:ompleted(lntywt1enUlls en.;.....~..:.......,~t isiswedsubsequentlo preparationofl.hepollcy~) This endorsementforrns epano/Potlcy No. B H1WZP a 0949.26 0 tssued to: LGC Inland By: AIIlerican Automobile Ins. Co. Premium (if anYFBD> We, have a rlghttoreco\ler out payments/rom anyone tiabie for an illjury oovered by !his policy. We will not enforce our right agalnsttheperSon or organization named in the Schedule. (Thisagteementappliesonly to the extent that you perform work under a written <:ontraotthat requires you to obtain this agreement from us). You must malntaili payroU. records acourately segregating the remuneration of your employees while engaged inUle work described In the Schedule. The additional premiumJorthis endorsementshaU be 2"5% of the California workers <:ompensatibn premiumolherwise due on such remuneration. Schedule Person or Organization city of Temecula Attn: Kevin Harrington P.O. BOx 9033 Temecula, CA 92589-9'033 Job Description Re: YMCA Temecula YMCA and the City of ~~ tl.",u..t;tett...... we 04 03 06 fEd. 4-84) Countersl\lnlld IlY Authorlzod Roprosonll\\ive Poliey NUI1lIJer: BKll1803695 tGe Inland liabililyCuve:nrgll'Enhancement - ArchiteetsartdEngineers ENDDRSEMENT , ~ lHlS ENDORSEMENT C~ANGESTHEPOrn:Y. PI!ASE RfAlJ fftARmllI:Y. This endorsement modifies insuronceprovided under tlla folloWing: llABllllY COVEI\AGE PARr. - 1. The following roplaces the fin~1 Paragraph of SECTIONJI.WHOISANINSUREl),1.: P@~oo Or Organkatiolllbolqulred ay Wriitel"lliontract ' lal YOUI negtigence;or 'l~llhll-ne,gii~iiinceori!nq\~ef pef~()nCr organization, ,lor whom you ,are lia~Je; (2) 'Bodily injury;', 'ptopetty damage'. 'personal injury' or 'advertisingi~jury' fer which SIlch person or organization has Jlssum.ed liability io a cOntract or agreement,axcepl for liability lor !lamellas !Iipt such persooor orgenizationwouid have in iheabsence of the contract,oragniemeot: lill 'Property damage' to: lalProperty owned, used or occupied by, ~r ICloned Clr rented 10, such person or.organjza~on; However, illl'personor organization is ari insilri3P With respect lP' lite c:ondUQtof anrc.iJr~nt::(Jr.p'asJ partnership, joint venture. lill1ited liability ~ompany orlnJstthal is not shown as a Named Insured. inlhe liability C\1'ierllge Part Oetilarations. TIM provision does not aiJplytoYllu, for yl>.I!r Aartlcipation in any past Of Prasea! 'unnai1)ed joint venlure', oril th!ll pefSQn or organiZlitiQil is otherwise an io.sur(jd uolfer Paragraph2:below. 2. Thelollowii1gis a.dded to SECTION". WH,OIS AN INSllRED,2:: Any person or ol!ianization that you ,agree to )lPd ~ &iJ. inSUfed unlljfrt~{s liab,lIilt Coverage ParI in a written contract or agreem!ll1tthat is made before, and ill effect when. the'oodily injury' ,or 'pWjleriY .damaya-' occurs 'Of the ofIense that.C3uses too'lJll$ll1fil injury' Of'il!lv$:tis!ngin)ury' i$ first eommitted, bUlonly with respecfto -that person's or organizallon's liability arising olit 01 'Your work" for th~t p8rson or organization. However, suclrperson or organization Is not aninsul'ed withrespectto any: 111 "SodUy injury', 'property d!lrnage'. 'personal injury' or 'adv?~ising injury' lhatdoes not atlse outof: IblPropelty,riVePWhicJj such fifI~M llt ol!ianization is lor any purpose exereisingphysiCal t()Otrol; or leI 'Your worX'parformed for the insured: or (41 'Sodily injQry', 'properly damage'. 'personal'injiJry' or 'advertising injiJry' arising outor arw aichilect'S. engineer's or sUrveyor's' renqerin.lIOf~ or failure to render:ar'lY 'P;'Of8ssional seNiee', when such petSonor organization is an an:hitect. engineer or surveyor. 3. The following is addell!o$Em10N II. WItO IS AN . IN$URED: ' , CtlBf25U90903 Indudes coP\fillhled mateli" 0I1""'1ll'" Slll"iiQl"OIf"" ,,'Ill i" ",..inion. CopyrighUI1,.rance S~,.s Olftce.I",. ZOOI Pag.loI3 UYDU sllllcifically agree. in thatWl'ilten cilntracl OIasreement that !his illSurancemust be primary 10. and '100- contribUlory with. suCh 'Other In:jlldUc(lPlri9huidmawialo'Ii'~)!:~QflKtwi!hi''Pcrm4siQtI; ~ln"".....so,;"'O!llot.""2<lll .. .'lio: ~ ... . ... .UnujJmed JointVe:nfuretl You are an insured lor YOur ~rticipation in any pastor present 'unnamlldjointventure'. However. ytlU are not an insured il the 'unnamed iDiot venture' has: 8. Directemployells;or b. Owns. rents. Ilr le<isesaoy reill or personal propilrtV. 1'10 athar member or partner. or their spouses, of any pastor pr~nt 'unoamedjmntventure' is an insured. 4. The following replaces SeCTION III. LIMITS Of L1ABILlTV.2..b.; b. Willapp!ysepOratelylo th'eSllm 01 all: 111 Oamagesbecailseol 'bodily iniury' and 'propeity dam1l9o'", under SECTlOlIII. COl/eRAGE,A lI.abilitVebove; and 121 Me4ical payments, for 'bodily iniul'l. under ,SeCTION I. COl/ER'AllE, B. MedIcal Pal'llliliit$.above; arising out 0/ each lnt:etiol1 listed;n !he SchO(lule of Premises or each of 'your projects'; and 5. The lollowingreplaces SeCTIllllllV. CONDITIONS. 5. .Other lrisurence";,a. Prllllarylrisurance. (2l: 121 Ilowever.. this inslll'llI1ce Will bll cill1Sideradprilngl\l to. and non. cilntributory wKh. "other illSuranco" issUeddfie1l11y 'ttr Il' pelllOl) ~f oig;lJ1izatibnatldlld as an additional insurerlunder SECTION II.WHO IS AN INSURED;2.: lal para(JfOPbb. Certain Mdlllonal Insureds By Contract er Agreelllent;Jlr (bl Pel$ons Or O,ganlzatlons Required By Wtitton Contract; Cl,(lIF16Il9W1l3 insurance". This insurance will then be applied as primary insurance fa! damages for 'bndily injury', "prolJllrlY damagll', 'pslSonal injllry' 01 'advertising injury' to whii:hti)is insuraiu:aapplies end that ere incurred by such pllrsQnor organization. and we will norshare those damayeswitb woo 'othl1riIlStJrance", 6. The following is added la SECTIQN, Ill. CONDiTIONS. 5. 'Other Insurance", b. Excess iusuranco: This insuranceisexaeas over any 'othsr insurance" whether pnmal)'. elltess. contingent or on aoyethsr basis that is available to, you lor 'your participation in any pasl:Ofpra"$.aWunusmed joiiilvantIJfe". 7. The folloWing is added te SECTION W: CONDITIONS. 8., Transfer 01 Rights of Racovf!(Y AndProcee<!sAgainst OlbelS To Us: HoweVer: we waiyeany right of recovery and prO!:eeds _ may !lave against any p~on or organi..Iion that is added as anadditionalm.ured under the Paragraph Pel$on Or Or9.anl~ation Requlrad,l!y Wril1enContraclvl SECnONll. Willits AN INSURED. 2.: a. Because tif psyments, we make for 'po~i1y Injury', 'property damage', 'Per~On$l!rijQl''' 'or 'edverti~jng injury' arising out 01 "your wolk' in ongoing operotions or il1tluded in the. 'preductS.completed l!peratio1'JS hazard'; and b. Perfol1'ned uJjdela wlitten<;antract Or Blltee01ent tha~!s made be!ore'.and ine(fll\l\ when. the 'bodily injury' or 'property damage' occurs or the offense that!Aluses the"peroonal injury'or 'advertising !rijury~ is eommlttect;ahd c. You spllCificallyagree ii) such Wlllien contract or agreement to waive those rigbts of fIlcevery andprocllsds IqrSllchpei'$on or ollionilllfion. B. The fOlloWing are added to SECTION II; DEflNiTl(lNS: l'aS.lo13 ... ,. . -,. 'Unnamad jbint lianture'means,any joint ventura in \\ihich you ara 11l1Ulmberor pai1IHir where: D. Each and every one of your ro-vanlures in that joint venture IS an architectural. engineering or surveyingflrm:aod h. That joint venture is not namedintlllrUability COlieragePartOllclarations. 'Your premH;es' maallsally premises. site. 01 location owned or occupied by. Or rentedro,yOu. 'Your p(tlject': a. M<)aos any premises. slm orlocatiooat, 00, or in which 'your worll' is nolyet completed; and b. tioes oot include 'yOur premiseS' or aoy 10C<ltiooIisledin the Schedule of'Premfses. All other leons olyoul policy relliain the Sllmll, CVIli'li09119ilJ tlldvi1os(op~Abtedl1\illefi"'dltWrpjg.~~.Off~Witli{apUmi"lon; CopYf~l&wl1lQ-s.Mt&s:OffiW;-IrK;'2OO1 Pl>go301,3 Cllent#, 11846 lGClNLAND Ol.-;-(~S c ACORD", CERTIFICATE OF LIABiliTY INSURANCE OATEtlllMltIOJYY) 04/10101 THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DNLY AND CONFER$ NO RIGHTS UPON TflECERTlFICATE IlOLDER. TflIS CERTIFICATE DOES NOT !\MEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. . ..." . ... PRoUlICt;R Dealey, Renton & Assoolates P. O. Bolt 105SO Santa Ana, CA 92711-0550 114427-6810 LGC Inland 41531 Date Street Murrieta, CA 92562 INSURERS AFFORDING COVERAGE i ,""URER/< United States Fldell!}' & Guaranty I ""'URER 0, Amelioan Automobile Ins. Co. I"'SURERC, Evanston Ins. Co. IINSURERD: I "'SURER '" INS:Ora:I'OD COVERAGES THE POLICIES OF INSURANCE. LISTEO OELOW HAVE, O.EN ISSUED TO. TflE INSlJREIl NAMEDAOOVEFOR11ilt,POLlCY PERIOD '"OICATE!>. NDlWITHSTANDING ANY REQUIREMENT. TERM OR CONDITIONOF/<NV CONTAACT OR OTflERDOCUMENTWITHRESPECT TOW'"CH THIS CERTIFICATE MAY BE ISSUED OR MAY. PERTNN. TIiE. tNS.\JRANc:E.Af'fORDED _ BY THEPQUCIES _ OES:9i'UBEC) fiERElNI$$U8JECT TO AlL THE TERMSl-E:XClUSlON5ANOCONDiTIONS OF SUCH PQ!.IeIEs. AGGRECATELtMlTS SHOWN M",YHAVEBEENREOUCED BYPAlD CLAIMS. ~?G TYPEOF.1NSURAAce POLICY HUMBER PRkfl,E:~K~~ A .!m'EAALClAa,UTY BK01803695 04/09107 X COMMEllC"'LGElIERAl.LlAa'LITY Gan,Wab.pollcy - :::J ClAIMS lMDE [Xl occu~ ~X.ludn claims arlslng,outoflha perofrmaMe"f GEWLAG:GRfOA1'ElIMlTAPA..mSPER: prof.servi~es 1 POLiey n~!!i?; n LOC A AUTOMOBILElViSl1.fn' =i::=~OAUTO$- _ SCHEDUlEOAVTO$ .!.HlReO AUTOS ~ ,NOO.OYINEO AiJras .I'Vt"t!jJ:l;fJmc~ I LIMITS 04/09/08 ....""OCCU....CE j'1q1l0000 FIREDMlA.GElAn)'Cl'lflfJi!o) .$300;000 MSD EXP (lvwonepCGQ(lj 1$10:000 PERSO.""'ADY''''''RV 1$1.000.000 ce..IlALAGSRE<l"'" $2.000.000 I PRODUCTS .COMPIOP AGO $2.000.0110 I BK01803695 04109/07 04/09/08 I ~OMSJNEO SINGLE UMIT (Ea_} laoDIt..YlNJlIAY -tP$rp<m9ll) I :BOOlLY ~Jt.lti.'( IPcrao:ldllnl) '1,000,000 =i.::~::~ s B WORKERS: COMPENSATION AND Et..-n~'taurUA8ti.rt't - 8H1WZP80949260 04109/07 04/09108 . ~-- PRQPERTV:DAMAGE (p'or too#~t j::::EAAC:::-l: I::::RRENCEAOG r: !AGGREGATE h I i$ I. is ~~~~~1:1l{~1 'OJ~.I E.L EACH ACCIOENT ' .1;000.000 IE.LO'..ASE'EIIEMPLOVEEI.1.000.000 "tLDISi!ASQ .POLlCVUl,IITt1 ;000,000 $1,000,000 percl.lm $1,000,000 annl allgr. I. I. 1$ GARAGE UABIUT'1 =iAHVAUTO EXcESS,t.>>.al.LnY :::J '"'CUR DCVJI,I$MAtlE C I>Tll,", ProfeUlclOal dablllty ~Iafms Made DE$eRl~toN Of: QPiiRAnoNSll.OCAnOHSNEHlCJ.,EstEXC~$IQNSADDEDBVENIlOR$EM'ENl'JSPEClALP~ONa R..: Va.,izon FlberOptl~ Prl>J~t;l AE8130Q6 Q4I09/07 04/09/08 CERTlFl~,AT'5 HOt nF~ IADOrtlONAU~iuiR!l'klNstlJ~fi:,u.!mft! CANCEL~TIONT.c...,. "'!lIi\f~e~ftlr Nn~p.rit^fl>~mh.fm fli,lU:WLQNtYOfmEADOV&OE~eRI8El)PS:X.t(::iEs BEc~ceti.EQ B'IiF_nUi: EXPIAAMN D4TE'fHEREOF._THE tSsUiNQ INSURERWI~fQNA1L3il..-'DA'VSWRltl"E.. HOUCE'fO'nfE-CiSfmfiCA"rE: "HQt.,OERNAMEDTQT-Hi:.LEfT~........I.h.ht........... ..__lit ~,...__..~.~.............\;o~..._~K~ ~.,-- -A~~DREPRESe:NTA1lYE .,,)~ e ""1.._,, tJ. e tL.. JMC G> ACORO CORPORATl01l196a City ofTomeoula Publio We"'" Department P.O. BI>x 9033 Temecula.CA 92589.9033 ACORD 25'S (7/97)1 of 1 #M190173 . O!P-li(5 ell.nl#, 11846 LGC1NtAND AC(}RD~ CERTIFICATE OF LIABILITY INSURANCE I :r:0J"I'il TIlI$CI'RTlFlC"'Till$ 1$$\151)' A$...MA"fTlSR 9FINFORMAlll)N ONLY AND CONFER!! NO RlGltTS UPON THE CERTlFlCATll !lOLDER. T!lI!!CERTlFlCATE llOES NOT MleND,lOXTeNPOR ALTER THe COVeRAGe AFFORDEP SY THEPOUCles SeLOW. " ... " .... Ph;ODUeeR Dealey, Renton & AssocIates P.O. BoX 10550 SantaAna,CA 92711-ll5SO 714427-6810 LGClnland 41531 Pate Slre$t Murrieta, CA92562 INSURERS A1'fORllING COVERAGE lliSUIlEAk Unll$t1 Sial... FIUelllY & Gua,antY INSUllER ."Amariean Aulomoblle lne. CO. INSUl'U!'RC: Evan$ton fns. Co. 1N$URE.l\0:: IINSOJlEIl', INSURED COVERAGeS OHEPOUCIESOF II/SUl\I\ljCE LlilTEDBI'l.QW HAve seeN ISSUEDTCllllE iNSURED NMlEDAIlOVE fOllTHI'POLlCY pERlOO INDICATED. NOlWlTNSTANOING >>t( REQUIREMENT.. _ TERM .ORGONOITION - OF AN'(COHTRACrOROTJiEROO<:lJMENT WITH RESPECT 10 WHICH THIS.CERTJFJ,CAre M"YBe-~stJEDtm MAY PEf\TAIN:;THe iNSURANCE AfFOROEOBVj'HEPOUCIE$-OESCRI:SED JiERSlN 1$ SUBJECT TOAt.1. THE TERMS:,EXCLtJS10NSANOCONomons OF SUCH POliCIES. AGGREGATl!LlMlTS SHOWl/JolAY HAve BEEN REDUCEO aY PAlO CLAIMS. . ~l TrPEoF1HSURAHCe I>OUCYNUMBM ~~,Wu~~ A .........'...,utY BK018031>95 04lOSI06 ~.~~::.:m= ;:;u~:::~: T ar1a!njJo!1t!>flh$ I I performance of GEIlLAGCfl.eGAn!t.1M1T llPf'LiG$P#l~ prOf~svc;& -, ""'-ICV n ~~?i n LOri A ~"IJjLl""'.'l.1IY BK01803695 AtffNJTO N..l..OWNEDAUTOS ~:7~~1EAa;0CCtJ"'N(:E ""1'_1;1100,000 flREOAW.GE rkivilOlt nlti300,OOO IMEOfXP (oIilw,ClIli perjonl 110,,000 I PERSOt&4AO'J nUURV $1,000,600 I .'''''M!' AGGREGATE IS2-000,POO I P'ODUCTS -COM PlOP ACG j2.000:000 04109106 04109107 COMaJNED :iINOU!1.Il.lr (a.cddltittj I aOQlli'iIlfJURV (P#pal3'lln) '-eooIt.YWJI.iRV lP<<"""""'l '1,000,000 _~J.t.1WS .!. """0 AUtOS z.. ~Of+OWNED AUTOS I, . . =1.:= $ 8WOAKERJC~^1JONAHO EMPLO'iEflfr UA.G1UlY 8H1WZP80939289 04108108 04109107 :PROPSuY~Jl * (....- ' AUlOOHLY ~ &. AtctbeNT $ lomEaTlWl .nee !- l:~~ENce AGG J: IAMREG'A.l€ 1s I I, I Is J I' !.1~~I~~, I lQJ~ ru..EA""AccICOO 1.1,000,000 u~clsEASe'.€A EuPlomlt1:00lUl(tO .LOIS...... -POliCY""" 1,1.000.000 $1,000,000 pet.labn $1,000,000 "nnlagg'. <WW:ii l.WJ11JTY =tNlYA.U!o acESS LWlU.rrv :1<<",," OClAll.l$""'" ReCEIVCD JUt 2 fl 2006 OITY OF TgMEcu" 1 PUBLIC WORKSOEf'ARTMENT I C ::;~I:(<lle8Slonal AE811163 104109106 )04189107 Zlalnls MaUe Qf;aCRII"1'lOHOfonRA'11(J~QC..\Tl9NMn~~c.U$(QH-',tDlmJav'&H_OOAIDtiHri$P",IA1.PftOVllfOHS Re: V$rl'<ln Fiber Optic Project CERnFICATS HOLDER I-ADDnX>>l.ILINSURED~DtSWiERtEnE:Rl I ACORD 25-6 (71$7)1 of 1 1I$1663731M1551143 CANc.E~TJON T.e.~, ,,~v_ Notleo for',Non~1\ymt'!ntt)' Prernhnn sHOUlJ)ANYCFTHEIlUOVE:DSSCRIIEO POUClESBE'C-NtCELLEODEFORElIfE'aPlRA'OON OATI:1Jt~_", lHE,f$3-UIHG lNSURE:R;Vfl~:TOtlAn.3lL.....:DA""WRmEH Nonc:e1O-'nf.elJ:ttWJCAi1UfOl.OlRHAAn!l:l1'OlHE:I..EF'('JOL..o.......,W1.....I.-.....~ '.... ~_lol.!o.I.,._".._,........,IQ.....o.Il""..I...,'''''' ~."..,.. ~'..,lo'....ec"''' ll'er'QM"'''JOOf3( ~~~..[..llttA~ ~.(~... TMN III ACQ!tD CORPOAATlON 1$68 Clly <If Temec~ra Public W<l'ks Depal'llllenl P.O. Box 9D33 Temecula, CA 9251lll-0033 06.t35 ~ . . MINUTEACTIONOFTHECITY COUNCiLOr THE CITY OF TEMECULA, cAl.IFO~N1A DAre: MEeTING OF: June 29, 2006 June 27, 2006 AGENDA ITeM NUMBER: 9 SUBJECT: professional Services Aoreement for Geotechnical and Material Testino. ServIces for \." ;Lu",Flber Oolie Proiectfor Fiscal Year 2008.2007 Thern<:>Uonwas made by Council MemberNaggar. seconded by Council Member COmercherQ. to. OiPprove staff recolTU"1'lendatiOll. RECOMMENDATION; 9;1 Approve a Professional Services Agreement with lGe Geotechnical Consulting in the amount of $86,250.00 to providEi, 16 hours par week o.f gao.technical& mall;llial testing $ervlces for the VerizonFiber Optic Projeclfor FY200i3-2Q07and aulhoriZt:lthe MayoTto execute the Oigreement; 9.2 AppreveanapProprlation of$8i3,250.0(l frOfl'l General Fund Reserveslo fully fund thi$ project. The motio.n carried by lhefollewii"lg vote; AVES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 ABSENT: (I ABSTAIN: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: None None None R:JMlnut..OtderslIl62706 ... .. ... ...' i ~Ci' . , . . STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE JS$ CiTY OF TEMECULA ) 1,8usan W. Jones, MMC, City Clerk l)flhe City of Temecula. California. DO HEREBY CeRTIFY, under penally of p~rjory, the foregoing 10 00 lhe ofllclalaction taken by the City Council at lhe above meeting IN WITNESS WHEREOF, I have hereunto set my hand and seal this29!t> day of June, 2006. " \l\~ b h~~~ Sys~~~es. MMC . CItY Clerk " [SEAL] R:iMlnut."Ot<le1'Si062700 ITEM NO, 12 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: December 11,2007 SUBJECT: Parcel Map No. 30169, Vernaccia Vineyards PREPARED BY: Dan York, Deputy Director / City Engineer Chris Vlahos, Junior Engineer - Land Development RECOMMENDATION: That the City Council approve 1) Parcel Map No. 30169 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement, and 3) Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. BACKGROUND: Parcel Map No. 30169 is a four (4) parcel subdivision map to subdivide 4.57 gross acres into 4 single-family residential lots averaging 1.08 net acres, located on the east side of Ynez Road, opposite Quiet Meadows Road and approximately 470 linear feet north of the centerline of Santiago Road. Certain street improvements associated with the development of this map are required. The survey monuments are required to be set. The owners of the property: Vineyard Custom Homes, LLC A California Limited Liability Company. On January 27,2005, the City of Temecula Planning Commission approved Tentative Parcel Map 30169, with the appropriate Conditions of Approval. This final map is in conformance with the approved tentative parcel map. Vineyard Custom Homes, LLC A California Limited Liability Company has met all of the Conditions of Approval. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The site is currently vacant. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Parcel Map No. 30169 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PARCEL MAP NO. 30169 Staff reviewed the following fees relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid. Development Impact Fee This fee will be collected prior to issuance of building permits. CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 30169 DATE: December 11,2007 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 106,500.00 $ 53,250.00 Water $ 27,000.00 $ 13,500.00 Sewer $ 40,500.00 $ 20,250.00 TOTAL $ 174,000.00 $ 87,000.00 Monumentation $ 2,500.00 DEVELOPMENT FEES RCFC&WCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 319.00 Fire Fee $ 226.00 TCSD Fee $ 155.00 Plan Check Fee $ 2,199.00 Monumentation Inspection Fee $ 300.00 Fees Paid to Date $ 3,769.00 Balance of Fees Due $ 0.00 *To Be Determined CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PARCEL MAP NO. 30169 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid. This fee will be collected prior to issuance of building permits. ' CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 30169 DATE: December 11, 2007 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 106,500.00 $ 53,250.00 Water $ 27,000.00 $ 13,500.00 Sewer $ 40,500.00 $ 20,250.00 TOTAL $ 174,000.00 $ 87,000.00 Monumentation $ 2,500.00 DEVELOPMENT FEES RCFC&WCD (ADP) Fee $ Paid Development Impact Fee $ *TBD SERVICE FEES Planning Fee $ 319.00 Fire Fee $ 226.00 TCSD Fee $ 155.00 Plan Check Fee $ 2,199.00 Monumentation Inspection Fee $ 300.00 Fees Paid to Date $ 3,769.00 Balance of Fees Due $ 0.00 *To Be Determined () ~ ~ ~0f"Rsf. - 0I;0i~~ .... w 5 SANTIAGO VALLEJO $" I. ) PRO.JECT SITE MOUNTAIN VIEW ~ '" ~ c VICINITY MAP NOT TO SCALE: RIVfRSlDE COUNTY THOMAS GUIDE 2006 PAGE 979, AI 4c A2 8 I \ \\t~~ \ \ \ ~~~~\ \i \~ ,,, d~ ~ ~i'"4 i\ 1\' \, \\i \ \ "\,, t ~! \ \\, \ \ ,\\ti\ ~ i\ \~~l\~ \\- \ ii\\\\\ "" \; t. l \ ~ ~\~r\\ \\ \li\~ . t \~\~ \ 'Ill .~ \ " \\\ \\\\~ \\ \\\ \"~~ i\l ~~\\ i\ 'l\ 1il~ \- ~~ ~l~'\ '; \~j" \if .\ j I~it h ~\ \~~ '" \\ ,~\ l.~l . \\ \\ i\ & \ \\~\ ,\ l~ iit ~ii "''i \~" ~~ \\~ #~ \~~ \11 ""~&\ ~ l!~\ 4~i a~, 1\ ll~\l 'J Ii' :'&5 " ! . 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'/' 1" t" ~:' ~ \l'~\l'\l'\>'l~\~. l - - o. \~'i'i.l~ \\\\\ttt\\\,\\\ \! i'll' ~i\! i\~ J\\\t\~';\ \\1"\ \ ? r\ \ '\H t. \ \1.' f.' ~H \il\ " ~ ~\,\ ;~ ,., \ nf. Of. ~ \ , \ \\\ \~ \h it. \ \ \ ~ - ; 1'\ ~l !?; ~~ l!!!-- ~ Z ~ ~ -I -0 Q , , .. ITEM NO, 13 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 11,2007 SUBJECT: Eighth Amendment to the Consulting Agreement with Moffat & Nichol Engineers 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 William Becerra, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the Eighth Amendment to the consulting agreement with Moffatt & Nichol Engineers in an amount not to exceed $1,087,300.00 for additional services necessary to provide Utility Support and Potholing for the French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements - Project No. PW02-11; and authorize the Mayor to execute the amendment to the agreement. 2. Authorize the City Manager to approve Extra Work Authorizations not to exceed the contingency amount which is increased by $108,730.00, which is equal to 10% of the eighth amendment amount. BACKGROUND: On January 14, 2003 the City Council approved an Agreement for Professional Consulting 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. Seven 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 $3,034,407.28. As a result of recent project stakeholder meetings and in keeping with the City's pledge to deliver this important project in as timely a manner as possible, the project development team, in conjunction with Caltrans and the FHWA has determined that it is necessary to start the extensive utility coordination effort at this time to keep the project on schedule. These services are necessary for preliminary engineering purposes prior to the completion of the construction plans. A scope of services along with a fair and equitable fee was negotiated with Moffatt & Nichol Engineers. The Eighth Amendment covers additional professional services needed to provide Utility Support Services including Mapping, Potholing, Conflict Identification and Relocation Coordination for the project; in an amount not to exceed $1,087,300.00. FISCAL IMPACT: The French Valley Parkway / Interstate-15 Over-Crossing and Interchange Improvements project is included in the City's 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 (No. 210-165-726) to cover the cost of this amendment and anticipated related project administration costs. With this amendment, the total Agreement amount is $4,354,437.28. ATTACHMENTS: 1. Project Location. 2. Project Description. 3. Eighth Amendment. ATTACHMENT NO.1 PROJECT LOCATION ~ " ~ >fl ~ U ~ ~ ',!.\ ~..... ~~ ~~ ~Po< P' '!l~ -~ ~~ ~~ ~~ Ijl"l 'i" ?~ ~u UCiiiIl 'lJ~c J;Ac,Ei'l" 'l:i<ic,Z' '\>< Ii"' It. ',i;l' '.~ ~ 1;;,) C >4 'I:-< U ~ o ~ r---- "" .,f} " o f ~ 7<~ ::i ~ b "i3 ., .~ o "" Po< ATTACHMENT NO.2 PROJECT DESCRIPTION ..... ~ Pl o Pl ~ .~ ,.,.. ~ "~ u ~ ~ b ~ c ~ ~ " Z ..... .00. 00. g U ~ ~ l() .-< , ~ ... 00. ~ "" "'00. Z... ~z ~~ ~~ ~~ ><~ "" ~tS ~~ =u u~ Z[;i;l ~,.~ ;; '<=l .~ ... ... 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O!:():= >. -.0 'Ui'E 0"" 0,.0. ~w 001-11-1 ~~m~e!::t!w o.o~~ I 1~~gaijQ cOen <d'"ad:,; ~j:j:' ~ p~U~~ :6. ~ ~ ~ ~- ~ ~~ i .5 ~ 3 <<ifJ~ifJ'" o o ~ ~ ~ " 'Ii " '" N "l '" o :1 [h .. o o .. u.a ~ .~ ~r., o'S . . .. u = .. .. = = . r.,rJl ^ '" N " .f " "l ~ ~ ~ t. '" 0 U 0 ;. .. o U .~ pi " ] .~ '" ~ 00 ::; 8 "' <8 ~ 8 .. " 0 o .2 0." uEt: pi 0 0 ~ag. v 8'a o.~ 0> o Q) 'i\i . '" 0 ~ c 0 01 0'" I{)'tdf '" 0 k k ~ '" <8~@ o ~ a 0,," 00 c ~ g.~ 2 '~il1 '" 0 ~ t; 0 tIl "''''i< 0",.0 E ;.!!!l O~:J: 8 . A 0." t!.~ e "0" <~ ~ C'" u 'w ." 'O'S ~ o C". ~"~g il :::'tl,~ .ga" t:... g . ~ k ~ ~ ~ " ~ 'tj ,0 bll o (!j.5 >U'tl o -Ec a4:.:~ g.-~~ ggs ,,\l.q'5'rJ o. .0 k ~q~ bl}\D..... r:::f!!,~ :a Co ~ c... III <E!:::'" 'W ~ I; a,~ ;SxU ~ iii . ,,: t5 '" ..,. ATTACHMENT NO.3 EIGHTH AMENDMENT EIGHTH 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 EIGHTH AMENDMENT is made and entered into as of December 11, 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/I-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 I, 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 and again on November 27, 2007 (Amendment #7) in the amount of Fourteen Thousand Five Hundred Seventy Three Dollars and Thirty Six Cents ($14,573.36) to complete a revised Geometric Approval Drawing and Advanced Planning Study. C. The parties now desire to increase the payment for design services to provide Utility Support and Potholing, in the amount of One Million Eighty Seven Thousand Three Hundred Dollars and No Cents ($1,087,300.00) and amend the Agreement as set forth in this Amendment. 1 ; R:\CIP\PROJECTS\PW02\M02-11 FVP Interchange, Project Repbrt\ConsultantDocs\8th Amend Moffatt & Nicho!.doc 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 this reference as though set forth in full. The Eighth Amendment shall not exceed One Million Eighty Seven Thousand Three Hundred Dollars and No Cents ($1,087,300.00) to provide Utility Support and Potholing, for a total agreement amount of Four Million One Hundred Twenty One Thousand Seven Hundred Seven Dollars and Twenty Eight Cents ($4,121,707.28). 3. Section 1 Term. This Agreement shall commence on January 14. 2003 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009: unless sooner terminated pursuant to the provisions of this Agreement. 4. 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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 R:\CIP\PROJECTS\PW02\PV\f02-11 FVP Interchange, Project Report\ConsullantDocs\8th Amend Moffatt & Nichol.doc 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. Reliaford, P.E., Sr. Vice President Perry Schacht, P.E. Project Manager (Two Signatures Required For Corporations) 3 R:\CfP\PROJECTS\PW02\PW02-11 FVP Interchange, Project Report\ConsultantDocs\8th 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. 4 R:\CIP\PROJECTS\PWQ2\PJ\fQ2-11 FVP Interchange, Project Report\ConsultantDocs\8th Amend Moffatt & Nichol.doc ~~~'11 MOFFATT & NICHOL Amendment No, 8 French Valley Parkway Utility Support and Potholing Services Scope of Work Date: Monday, November 05, 2007 GENERAL The City of Temecula (City) has requested Moffatt & Nichol (M&N) to provide Utility Support and Potholing Services in accordance with Caltrans' Standard Work Breakdown Structure (WES) Section 200. The City will act as the Utility Coordinator with overall responsibility for all coordination with the Utility companies and Caltrans. M&N, in a support role, will prepare all exhibits based on information provided by the City. M&N will also prepare traffic control plans required for potholing in City streets and in Caltrans' Right-of-Way. Lintvedt, McColl, and Associates (LMA), as a sub- consultant to M&N, will provide utility potholing and surveying. Perthe "Guide to Project Delivery Workplan Standards" release 7.0C, M&N will provide the following: . 200.00 200.05 1 & 2). 200.10 Utility Locations (Potholing Phase 1 & 2) and Determination and Prepare Conflict Maps (Phase 1 only). Prepare Draft Utility Plans Phase 1 and 2 (Complete to Date). Update Draft Utility Plans and Support for Preliminary Utility Verification (Phase . . Each work task is preceded by the responsible party: City, M&N, or LMA. The French Valley Parkway project has two construction phases. Phase 1 of the project extends from the Winchester over-crossing to a point about 1 kilometer south of the 1-15/1-215 split. Under this phase, a new off-ramp will be constructed for the southbound exit at the proposed French Valley Parkway and westbound French Valley Parkway will be constructed west of 1-15. Also, an existing off-ramp for the southb6und exit at Winchester Road will be widened. Phase 2 of the project extends from metric Stations 92+40 to metric Station 151+00 (about 1 kilometer north of the 1-15/I-215 split). Under Phase 2 of the project, a new bridge will be constructed at the new French Valley Parkway over- crossing, onramps will be added, and 2 to 3 outside lanes which act as a collector/distributor system will be added. The Utility Conflict Exhibits will show the utilities that must be relocated by the Utility Agencies before or during the project construction. The Utility Conflict Exhibits are not construction documents for utility relocation. The utility owners will prepare their own construction documents. 3780 Kilroy Airport Way, Suite 600, Long Beach, California 90806 (562) 426-9551 Fax: (562) 424-7489 IIII~~~ MOnATT & NICHOL 200.00 Prepare Draft Utility Plans Phase 1 and 2 (Complete to Date) Prepare preliminary utility plans. Sub-tasks: . (City) Review existing record drawings that have been compiled from the City, Caltrans, local agencies, and franchise utility companies. Review the record drawings for completeness of coverage against the City's utility base maps, local agency base maps, and Caltrans' Record U Sheets from the original freeway construction projects. . (City) Log all utility drawings used for plotting existing utilities. The log will include the name of the agency, function of the facility, size, material (as available from the drawings), date, drawing numbers (as available), post mile of the freeway the facility is within, and the agency contact information. . (M&N) Develop Existing Utility Plans: a. Develop Base Utility File based on As-builts. b. Develop Preliminary Existing Utility Plans (Strip Map) based on As-Builts. . (M&N) Prepare Phase 1 Existing Utility Plan Sheets: a. Prepare Master Plans Showing all Utilities (8 sheets) to be included in Phase 1 PS&E. b. Prepare Electric (SCE) Plans (8 sheets). c. Prepare FiberOptic (Level 3 Communications) Plans (8 sheets). d. Prepare Gas (SCGC) Plans (8 sheets). e. Prepare Sewer (Eastern Municipal Water District) Plans (8 sheets). f. Prepare Storm Water Drain (RCFC) Plans (8 sheets). g. Prepare Telephone (Verizon) Plans (8 sheets). h. Prepare Water (Rancho California Water District) Plans (8 sheets). Total: 56 sheets . (M&N) Prepare Phase 2 Existing Utility Plan Sheets: a. Prepare Master Plans Showing all Utilities (15 sheets) to be included in Phase 2 PS&E. b. Prepare Electric (SCE) Plans (15 sheets). c. Prepare FiberOptic (Level 3 Communications) Plans (15 sheets). d. Prepare Gas (SCGC) Plans (15 sheets). e. Prepare Sewer (Eastern Municipal Water District) Plans (15 sheets). f. Prepare Storm Water Drain (RCFC) Plans (15 sheets). g. Prepare Telephone (Verizon) Plans (15 sheets). h. Prepare Water (Rancho California Water District) Plans (15 sheets). Total: 120 sheets End Product: . (City) Existing Utility Drawing Log - I Excel file and 1 hard copy 8\1, "x II". . (City) Major Utility Conflict Spread Sheet - 1 Excel file and 1 hard copy 8\1," x II". Page 2 of9 ~~~~ MOH"ATT & NICHOL 200.00 Prepare Draft Utility Plans Phase 1 and 2 (continued) . (M&N) Base Existing Utility File - 1 Microstation digital file and 1 hard copy full size. . (M&N) Phase 1 Existing Utilities Plan - Microstation digital file, 1 PDF digital file, 1 hard copy set full size, and one hard copy set 11" x 17". . (M&N) Phase 2 Existing Utilities Plan- Microstation digital file, 1 PDF digital file, 1 hard copy set full size, and one hard copy set 11" x 1 7". 200.05 Update Draft Utility Plans and Support for Utility Verification (Phase 1 8: 2) Typically called the "verification stage", the work involves review of previous effort developed during the PID and environmental process, as well as any additional effort (typically limited to field review, As-Built search, and preliminary meetings with the utility companies) required to determine preliminary utility locations. Sub-tasks: . (City) Review existing record drawings that have been compiled from the City, Caltrans, local agencies, and franchise utility companies. Review the record drawings for completeness of coverage against the City's utility base maps, local agency base maps, and Caltrans' Record U Sheets frorn the original freeway construction projects. . (City) Research and obtain supplemental or missing record drawings from Caltrans, the City, and local utility agencies for sewer, water, and storm drain. . (City) Request updated schematic drawings from the franchise utility companies for gas, electric, telephone, cable, and fiber optics within the work area. . (City) Log all utility drawings used for plotting existing utilities. The log will include the name of the agency, function of the facility, size, material (as available from the drawings), date, drawing numbers (as available), post mile of the freeway the facility is within, and the agency contact information. . (City) Prepare a spreadsheet identifying the major utilities impacted by the project and recommendations for further research and relocation studies. . (M&N) Update Existing Utility Plans: a. Update Base Utility File based on As-builts. b. Update Preliminary Existing Utility Plans (Strip Map) based on As-Builts. c. Provide Updates throughout project. . (M&N) Update Phase 1 Existing Utility Plan Sheets: a. Update Master Plans Showing all Utilities (8 sheets) to be included in Phase 1 PS&E. b. Update Electric (SCE) Plans (8 sheets). c. Update FiberOptic (Level 3 Communications) Plans (8 sheets). d. Update Gas (SCGC) Plans (8 sheets). Page 3 of9 -'IIII~~ MOFFATT & NICHOL 200.05 Update Draft Utility Plans and Support for Utility Verification (continued) e. Update Sewer (Eastern Municipal Water District) Plans (8 sheets). f. Update Storm Water Drain (RCFC) Plans (8 sheets). g. Update Telephone (Verizon) Plans (8 sheets). h. Update Water (Rancho Ca:lifornia Water District) Plans (8 sheets). 1. Add additional utilities (assume 16 sheets). Total: 72 sheets . (M&N) Update Phase 2 Existing Utility Plan Sheets: a. Update Master Plans Showing all Utilities (15 sheets) to be included in Phase 2 PS&E. b. Update Electric (SCE) Plans (15 sheets). c. Update FiberOptic (Level 3 Communications) Plans (15 sheets). d. Update Gas (SCGC) Plans (15 sheets). e. Update Sewer (Eastern Municipal Water District) Plans (15 sheets). f. Update Storm Water Drain (RCFC) Plans (15 sheets). g. Update Telephone (Verizon) Plans (15 sheets). h. Update Water (Rancho California Water District) Plans (15 sheets). 1. Add additional utilities (assume 30 sheets). Total: 150 sheets End Product: . (City) Existing Utility Drawing Log - 1 Excel file and I hard copy 8Yz" x II". . (City) Major Utility Conflict Spread Sheet - I Excel file and I hard copy 8y," x II". . (M&N) Base Existing Utility File - I Microstation digital file and 1 hard copy full size. . (M&N) Phase 1 Existing Utilities Plan - Microstation digital file, I PDF digital file, I hard copy set full size, and one hard copy set 11" x 17". . (M&N) Phase 2 Existing Utilities Plan- Microstation digital file, I PDF digital file, I hard copy set full size, and one hard copy set II" x 17". 200.10 Utility Locations (Potholing) Determination and Prepare Conflict Maps Typically called the "potholing stage", efforts involved in preparing, exchanging and verifYing conflict plans, determining utility conflict resolution strategies, and obtaining and administering contracts and utility agreements for utility potholing. Sub-tasks: . (M&N and City) Meet with Caltrans to review utility crossings and conflicts. (Assume 8 meetings attended by two M&N staff members). . (City) Circulate Utility Conflict exhibits to the local agencies, franchise utility companies, and Caltrans for input regarding existing utilities and potential conflicts identified on the exhibits. . (M&N) Attend two meetings with each of the affected agencies or franchise utility companies, the City and Caltrans (Assume 20 meetings attended by Engineer II Civil Designer plus preparation of agenda and minutes). Page 4 of9 ~IIII~'" MOFFATT & NICHOL 200,10 Utility Locations (Potholing) Determination and Prepare Conflict Maps (continued) . (M&N) Prepare Utility Conflict Technical Memorandum. to document the utilities to be relocated, protected or extended and the approach for accomplishing the utility work. . (M&N) Prepare Utility Conflict Exhibits. Show existing topo, existing construction, and ultimate proposed construction. Cloud and flag each Utility Conflict. Include title and key map sheets on each set. a. Prepare Master Plans Showing all Utilities (17 sheets). b. Prepare Electric (SCE) Plans (17 sheets). c. Prepare Fiber Optic (Level 3 Communications) Plans (17 sheets). d. Prepare Gas (SCGC) Plans (17 sheets). e. Prepare Sewer (Eastern Municipal Water District) Plans (17 sheets). f. Prepare Storm Water Drain (RCFC) Plans (17 sheets). g. Prepare Telephone (Verizon) Plans (17 sheets). h. Prepare Water (Rancho California Water District) Plans (17 sheets). 1. Prepare additional plans (assume 34 sheets). Total: 170 sheets J. Prepare Utility Conflicts Summary Table for each utility (8 tables). k. Prepare Phase 1 and 2 Conflict Strip Maps. End Product: . (M&N) Utility Conflict Exhibits- 1 Microstation digital file, I PDF digital file, 1 hard copy set full size, and one hard copy set 11" x 17". . (M&N) Agency meeting minutes - I hard copy and 1 PDF file. . (City) Utility Conflict Tech Memo - 1 hard copy and 1 PDF file. 200.10.05 Notices and Agreements for Potholing Sub-tasks: . (City) Define responsibilities for potholing existing utilities. . (City) Document the permitting processes or coordination needed to schedule and complete potholing of existing utilities based on inquiries to the utility agencies, Caltrans, and the City. . (M&N) Attend two meetings with the utility agencies and Caltrans to resolve issues or conflicts relating to the overall approach to utility potholing. (Assume 10 meetings attended by Engineer II Civil Designer plus preparation of agenda and minutes). . (City) Prepare a Technical Memorandum to outline the approach for utility potholing. The Technical Memorandum will describe the responsibility for potholing, permit processes, Page 5 of9 1IIII1IIII~'1I MOFFATI' & NICHOL 200.10.05 Notices and Agreements for Potholing (continued) notices, scheduling requirements, restrictions or other specific factors for each of the local agencies or franchise utility companies. . (City) Distribute the Technical Memorandum to each of the local agencies and franchise utility companies for concurrence. . (City) Attend one follow up meeting with each agency and Caltrans to finalize the process and schedule. End Product: . (M&N) Utility Agency meeting minutes - I hard copy and I PDF file. . (City) Potholing Approach Tech Memo -I hard copy and I PDF file. 200.10.07 Traffic Control Plans Sub-tasks: . (M&N) Prepare Traffic Control Plans for Potholing in City Right-of-Way. Traffic control plans (TCP) will conform to the City's guidelines dated 04/26/06 and TCP general notes dated 01/23/07. All traffic control devices will conform to the 2006 California Manual on Uniform Traffic Control Devices (MUTCD) and Standard Specifications for Public Works Construction. Assume 4 plan sheets at 1:500 scale for each of7 identified utility agencies. . (M&N) Prepare Traffic Control Plans for Potholing in Caltrans Right-of-Way. Traffic control plans (TCP) will conform to Caltrans guidelines. All traffic control devices will conform to the 2006 California Manual on Uniform Traffic Control Devices (MUTCD) and Standard Specifications for Public Works Construction. Assume 7 plan sheets at 1:500 scale for each of 6 assumed utilities located in Caltrans Right-of- Way. End Product: . (M&N) Traffic Control Plans for potholing in City right-of-way. 24"x36" sheets and 12"xI8" half-size sheets for portability. Electronic copies will be provided in AutoCAD format. Final signed plans will be submitted in full size on Mylar. . (M&N) Traffic Control Plans for potholing in Caltrans right-of-way. 1l"xI7" half-size sheets. Electronic copies will be provided in MicroStation format. Page 6 of9 ~~ta~ MOFFATT & NICHOL 200.10.10 Potholing Sub-tasks: . (M&N) Revise Utility Potholing Exhibits. To reflect the current project design and changes as a result of revised utility plotting detailed survey data, comments by utility agencies, the City, and Caltrans. . (LMA) Provide Potholing Services for Utilities as Identified by the City. This item of work does not include the coordination of scheduling and permitting requirements with Caltrans and the local agency or franchise utility company owning the utility, which will be the responsibility of the City. Potholes will be limited to a total of 111. Task includes "Enact traffic control per approved TCP." . (M&N) Prepare Utility Pothole Exhibits. Remove all proposed alignments and linework/layouts. Show existing information and mainline station offsets only. a. Revise/Update Master Plans Showing all Utilities (17 sheets). b. Revise/Update Electric (SCE) Plans (17 sheets). c. Revise/Update Fiber Optic (Level 3 Communications) Plans (17 sheets). d. Revise/Update Gas (SCGC) Plans (17 sheets). e. Revise/Update Sewer (Eastern Municipal Water District) Plans (17 sheets). f. Revise/Update Storm Water Drain (RCFC) Plans (17 sheets). g. Revise/Update Telephone (Verizon) Plans (17 sheets). h. Revise/Update Water (Rancho California Water District) Plans (17 sheets). T otaf: 136 sheets 1. Prepare Pothole Summary Table for each utility (8 tables). End Product: . (M&N) Utility Potholing Exhibits (paved areas) 136 Sheets total - Microstation digital files, 1 PDF digital file, 1 hard copy set full size and one hard copy set II" x 17". . (City) Utility Agency Permits (if any) - 1 hard copy and 1 PDF file. 200.10,15 Utility Surveys Sub-tasks: . (LMA) Provide surveying services to locate pothole locations. . (M&N) Provide Metric MicroStation File. Containing elevation of top of utility or invert elevations at sewer and storm drain manholes at location of positively located utility. . (LMA) Prepare ASCII File of Survey Points. Plus photographs and pot hole report. Page 7 of9 -.~~~ MOFFATT & NICHOL 200.10,20 Utility Surveys Conflicts Review Sub-tasks: . (M&N) Iucorporate Pothole Utility Location Information and Detailed Utility Survey Information into the Base Utility Files. 200.10.25 Utility Conflict Exhibits Sub-tasks: . (City) Update the Utility Conflict Tech Memo for Phase 1 Construction only. . (City) Circulate the revised Utility Conflict Exhibits to the local agencies, franchise utility companies, and Caltrans. . (M&N) Attend one meeting with each of the local agencies and franchise utility companies, Caltrans and the City. (Assume 10 meetings attended by Engineer II Civil Designer plus preparation of agenda and minutes). . (M&N) Prepare Phase 1 Utility Conflict Exhibits based on pothole information prepared by the City prior to Environmental Document. a. Update Master Utility File. b. Prepare MasterPlans Showing all utilities (10 sheets). c. Prepare Electric (SCE) Plans (10 sheets). d. Prepare Fiber Optic (Level 3 Communications) Plans (10 sheets). e. Prepare Gas (SCGC) Plans (10 sheets). f. Prepare Sewer (Eastern Municipal Water District) Plans (10 sheets). g. Prepare Storm Water Drain (RCFC) Plans (10 sheets). h. Prepare Telephone (Verizon) Plans (10 sheets). 1. Prepare Water (Rancho California Water District) Plans (10 sheets). Total: 80 sheets j. Update Utility Conflicts Summary Table (8 tables). k. Update Phase I Utility Conflict Strip map (I sheet). End Product: . (M&N) Revised Base Existing Utility File - 1 Microstation digital. . (M&N) Utility Conflict Exhibits Phase I (80 Sheets total) - Microstation digital files, 1 PDF digital file, 1 hard copy set full size, and one hard copy set II" x 17". . (City) Revised Utility Conflict Tech Memo Phase I - I hard copy and I PDF file. . (M&N) Utility Agency meeting minutes - 1 hard copy and 1 PDF file. Page 8 of9 ~IIII~"I MmJ'A 11 & NICHOL The following items are specifically excluded from this Scope of Work: . Construction plans, specifications, and estimates. . Utility Relocation Plan Implementation per WBS 200.20. . Utility Relocation Management per WBS 200.25. . Supplemental design surveys including location of overhead utilities or existing surface features identiJYing underground utilities (i.e. manholes, gate valves, vaults, etc). . Storm Drain planning, design, specifications, and estimates. . Capacity or demand calculations for any existing or proposed utilities. . Review of documents, analysis, or opinions relating to prior land use rights of the City, Caltrans, local utility agencies, or franchise utility companies' deeds. . Encroachment ,exceptions or other joint use agreements for construction work within the Caltrans right of way. . Preparation of construction cost estimates. . Preparation of right-of-way acquisition documents or cost estimates. . Redesign of the proposed roadway/structure improvements. . Work specifically related to Phase 2 work, including update of utility conflict exhibit (Phase 2). Assumptions: . Record drawings from Caltrans will be provided in digital format (PDF or TFF). . Record drawings from local agencies (sewer and water) and franchise utilities (cable, gas, electric, telephone, fiber optic) will be provided in paper format. . Existing irrigation and domestic/residential lines will not be plotted. . Revised U Sheets will follow the same format and sheet layout established by M&N and will be reflected in the drawings dated September 29, 2006. Page 9 of9 IIIIllll11~~ MOFFATT & NICHOL CITY OF TEMECULA PROJECT NO. PW02-1I FRENCH V ALLEY PARKWAY/INTERSTATE-IS OVER-CROSSING AND INTERCHANGE IMPROVEMENTS MOFFATT & NICHOL ENGINEERS AMENDMENT NO.8 - SUMMARY OF FEES October 5, 2007 TASK DESCRIPTION FEE 200.00 Prepare Draft Utility Plans Phase 1 & Phase 2 (Complete) $ 72,185.00 200.05 Update Draft Utility Plans and Support for Utility Verification $ 78,549.00 (Phase 1 & 2) 200.10 Utility Locations (Potholing) Determination and Prepare $ 98,732.00 Conflict Maps 200.10.05 Notices and Agreements for Potholing $ 21,640.00 200.10.07 Traffic Control Plans $ 277,148.00 200.10.10 Potholing $ 46,429.00 200.10.15 Provide Coordination with Surveyor during Survey of Pothole $ 23,400.00 Locations 200.10.20 Incorporate Pothole Utility Location Information and Detailed $ 52,162.00 Survey Information into the Base Files 200.10.25 Prepare Utility Conflict Exhibits Phase $ 69,362.00 Other Direct Costs $ 20,000.00 Utility Support and Potholing- TOTAL FEE $ 759,607.00 Notes: Task 200.00 is a fixed fee proposal. Fees on Task 200.05 through Task 200.10.25 will be billed on a time and materials basis as directed by the City of Temecula. Moffatt & Nichol will notify the City of Temecula when work completed reaches 90% of the estimated fee. Moffatt & Nichol is providing support services. The estimated fees are not a guarantee of maximum work required. TASK DESCRIPTION FEE 1 Potholing and Surveying $ 327,695.00 Potholing and Surveying - TOTAL FEE $ 327,695.00 Potholes and Surveying (Limited to a total of 111) - AMENDMENT NO.5 - TOTAL FEE $ 1,087,300.00 "0 .c o Z <>ll :I:< ~ o :;: .., J: " - :; <II J: o o " E ." c.. 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[ ~ ~ ~ " " o " ~ 5 ~ ~ ~ ci >: ~ c:~ ~ ~t; uj <0" C\j (0);: ~ o ~ 0; ::: ~ ~ ~ ~ o ;t ~ ~ ~ ~ <0 ~ ~ ~ ~ '" ~ ~ ~ ~ ~ ~ ~ ~ ~ o M ~ ~ o " <6 ~ ~ ~ . o " "- s " '3 '" ~ '" o <.l i- <.l ~ Ci ffi i!: o :;; ;:>; ~ 0; ::: ~ t .... ~ ~ 15 III :3 g g g g~ g g g g c c c c tOlOtOl.I') ~ "'l- ~ ~ ~ S a c.l t:: ts ~j g t ~lii~ t ~ ~ 05h~ &: o o <0 '" ~ '" ~ M o o oj o o oj ~ '" '" " ~ ~ '3 '" " g o ~ 0; ~ ~ '" ~ o .: ~ '" t .... ~ ~ ~ ~ o ~ m l ; c o C o o '" ~ '" ~ ~ ~ '" ~ \II "- 1. .,. 2, ~ '" ~ .,. ~ ,'<0 ~ '<0 ~ ., "% '6 "' '<0 '& ~ ~ ITEM NO, 14 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 11,2007 SUBJECT: Authorize Temporary Street Closures for Santa's Electric Light Parade on December 14, 2007, and Delegate Authority to issue Special Events/Street Closures Permit to the Director of Public Works PREPARED BY: Dan 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 CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR SANTA'S ELECTRIC LIGHT PARADE ON DECEMBER 14,2007 (RESCHEDULED), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. BACKGROUND: Due to inclement weather the originally scheduled date for the Santa's Electric Light Parade of November 30, 2007 will need to be re-scheduled to the new date of December 14,2007. City Council had approved the original Parade date of November 30,2007 at the November 6, 2007 City Council meeting. The adoption of this resolution by City Council will authorize the temporary street closures for the new parade date of December 14,2007. A temporary street closure on Jefferson Avenue between Rancho California Road and Overland Drive is necessary to protect participants and viewers at the Santa's Electric Light Parade for a period of a few hours beginning at approximately 5:00 PM on Friday, December 14, 2007. The parade route will be on Jefferson Avenue between Del Rio Road and Overland Drive. However, the portion of Jefferson Avenue between Rancho California Road and Del Rio Road will also be closed to allow for controlled VIP parking. Other streets will also require temporary street closure to facilitate staging and de-staging. These streets include Del Rio Road, Calle Cortez, Las Haciendas Street, Commerce Center Drive, Via Montezuma between Jefferson Avenue and Diaz Road including the low flow crossing through Murrieta Creek, and Overland Drive west of Jefferson Avenue. The roads will re-open shortly after the parade is over with the signal timing re-established. This would minimize traffic effects. Under Vehicle 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 rights-of-way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authorityto temporarily close streets for these special events. The subject resolution delegates the authority to approve temporary street closures for the Temecula Community Services Department sponsored "Santa's Electric Light Parade" to the Director of Public Works/City Engineer. All other special events requiring temporary street closures, construction-related closures, etc, shall remain subject to 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 of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Department, are included in budgetary items. ATTACHMENTS: 1. 2. Resolution No. 07-_ Parade Route and Limits of Road Closure RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR SANTA'S ELECTRIC LIGHT PARADE ON DECEMBER 14, 2007 (RESCHEDULED), AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 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 Vehicle 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 annual "Santa's Electric Light Parade", for which such temporary street closures promote the safety and protection of persons using or proposing to use that street or streets for the special event; and WHEREAS, Due to inclement weather the originally scheduled date for the Santa's Electric Light Parade of November 30, 2007 will need to be re-scheduled to the new date of December 14, 2007; WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for this annual "Santa's Electric Light Parade" on Friday, December 14, 2007; and NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve temporary street closures including Jefferson Avenue from Rancho California Road to Overland Drive, Del Rio Road, Calle Cortez, Las Haciendas Street, Commerce Center Drive, Via Montezuma between Jefferson Avenue and Diaz Road including the low flow crossing through Murrieta Creek, and Overland Drive west of Jefferson Avenue on Friday, December 14, 2007 beginning at 5:00 PM for the annual "Santa's Electric Light Parade", 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 temporary street closures as stated above for the annual "Santa's Electric Light Parade" on Friday, December 14, 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 11th day of December, 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. was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 11th day of December, 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk ITEM NO. 16 ITEM NO. 12 Approvals City Attorney Director of Finance City Manager UU~i ~I !r~ I' ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: December 11,2007 SUBJECT: Construction of a Reclaimed Water Line On Pechanga Parkway to Serve the Pechanga Resort and Casino - At the request of Mayor Pro Tem Mike Naggar PREPARED BY: Greg Butler, Deputy Director of Public Works - CI P Amer Attar, Principal Engineer RECOMMENDATION: That the City Council receive and file this report. BACKGROUND: The City is in the process if approving the traffic control plans and issuing permits to Rancho California Water District (RCWD) and Eastern Municipal Water District (EMWD) for the benefit of the Pechanga Development Corporation for the installation of a new 16" reclaimed water main in Pechanga Parkway. This new reclaimed water main will extend from Rainbow Canyon Road to Wolf Valley Road and then west within Via Eduardo to the Pechanga's new golf course. The reclaimed water main will be owned by RCWD and EMWD. According to the Pechanga Development Corporation, the work should take approximately 4 to 5 months. Although the City would prefer to have this work done at night, there are residences along the entire work area. The majority of the work will be done between 8:30 AM and 3:30 PM. There are a few locations that will require extended hours and some limited night work; but the City will require in the encroachment permit that the contractor must notify all adjacent residents in advance when working beyond the standard work hours. We have dictated very specific working day durations for each work zone which should help move construction along in an orderly manner. Many of the work zones will require taking travel lanes during the day. In several areas we will only have three of the four lanes open. We have worked with Pechanga's traffic engineers for several months to minimize the lane closures as much as possible and some reclaimed water main redesigns were made to avoid lane closures where possible. The City is requiring some work zones (especially at intersections) be manned with traffic control officers to help move traffic through the area. Also, temporary video detection systems are required where the work affects the in ground signal loop detectors. The work will move from north to south so that the lane closures will be limited to only one area at a time and multiple lane closure locations at the same time will not be allowed. Even with all of the planning, there will be traffic congestion during this work. Among the permits conditions stated above and other stipulations, the City will require that the work be coordinated with the City's upcoming Pechanga Parkway - Phase II Project, City Project No. PW99-11, in the event the construction of the projects overlap. The coordination of the work in Pechanga Parkway will include the coordination of traffic control. In addition, the encroachment permits will include a requirement that all adjacent residents are notified of the proposed work prior to the start of construction. As with all other work involving trenching in public streets, the contractors will be required to restore the street in accordance with City standards. RCWD and EMWD have determined and represented to the City that the work to be performed under this encroachment permit is exempt from CEQA review under Public Resources Code Section 21080.21. FISCAL IMPACT: There is no fiscal impact to the City of Temecula. ATTACHMENTS: None. ITEM NO. 16 Approvals City Attorney Director of Finance City Manager 1r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: December 11,2007 SUBJECT: Support WRCOG's Efforts to Facilitate Electrical Rate Restructuring for the WRCOG Subregion (at the Request of Mayor Washington) PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING WESTERN RIVERSIDE COUNCIL OF GOVERNMENT'S (WRCOG'S) EFFORTS TO FACILITATE ELECTRICAL RATE RESTRUCTURING FOR THE WRCOG SUBREGION WITH THE DEVELOPMENT OF A COUNTER PROPOSAL TO SOUTHERN CALIFORNIA EDISON (SCE) AND/OR LEGISLATIVE CHANGES NEEDED TO ACHIEVE AN EQUITABLE SOLUTION BACKGROUND: In August, 2006 the City Council (at the request of Council Member Comerchero), considered and took action to further study and research the perceived inequity of how baseline electricity is calculated based on climatic conditions for this region. Since this time, Western Riverside Council of Governments (WRCOG) and all member agencies have lent their full support to further review the concept of possibly increasing the baseline allowance of electricity for residents in western Riverside County. In February 2007, WRCOG's Executive Committee directed staff to transmit correspondence to the California Public Utilities Commission (CPUC) requesting that the CPUC consider baseline structure revisions for western Riverside County jurisdictions. The City of Temecula and Canyon Lake had sent previous letters to the CPUC requesting the CPUC consider revising the boundaries for Region 17 used for establishing baseline allocations for the jurisdictions located therein. WRCOG's transmittal to the CPUC contained information that demonstrated the striking variations in temperature extremes among jurisdictions located in the same zones. WRCOG argued that the issue of temperature extremes, and not average temperatures, should be considered in establishing baseline structures. Staff of the City of Temecula, City of Canyon Lake, and WRCOG met with CPUC staff in San Francisco in September 2007 to discuss the requests made by Temecula, Canyon Lake, and WRCOG. CPUC concurred with WRCOG's basic arguments for baseline restructuring, but indicated that WRCOG should direct its efforts toward Southern California Edison (SCE). CPUC further advised that WRCOG should probably consider one of three options for achieving results related to this issue, including: . Work with SCE to develop proposed revisions . Develop a counter proposal to that prepared by SCE . Pursue a legislative remedy On November 13, 2007, WRCOG Executive Committee Chair and Mayor of the City of Temecula Chuck Washington, staff from the Cities of Temecula and Canyon Lake, WRCOG, and WRCOG legal counsel met with representatives of SCE to discuss this issue. SCE staff agreed with WRCOG's reasoning and request for a re-examination of baseline district boundaries. SCE staff proposed modifications, that have yet to be approved internally by SCE management, that would divide Region 17 into two subregions (named Region 17A and 17B). According to SCE staff, dividing Baseline Region 17 into two separate regions may result in a more equitable distribution of baseline allocations. This change would result, however, on minimal annual bill cost differences on an individual home basis. Rate relief for the eastern jurisdictions in newly proposed Region 17B (which would include the WRCOG jurisdictions) would be between $23 - $37 annually under the SCE staff proposal. Reductions in Region 17B would be offset by increases borne by jurisdictions in newly proposed Region 17A, which could generate opposition by jurisdictions located in that area. On December 3, 2007 WRCOG Executive Committee took action and gave direction to staff to outline and develop a counter proposal utilizing legal resources offered by Best, Best and Krieger (BBK). In addition to this counterproposal it was suggested to also examine if a legislative remedy could accomplish a fair and equitable solution and if so, this should be done concurrently. With the approval of the attached resolution, CityofTemecula staff will continue to supportWRCOG and member agencies in an effort to develop this counter proposal and/or legislation for consideration by the CPUC during the rate case filing period that will occur in 2008. FISCAL IMPACT: None. ATTACHMENTS: Resolution 07- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING WESTERN RIVERSIDE COUNCIL OF GOVERNMENT'S (WRCOG'S) EFFORTS TO FACILITATE ELECTRICAL RATE RESTRUCTURING FOR THE WRCOG SUBREGION WITH THE DEVELOPMENT OF A COUNTER PROPOSAL TO SOUTHERN CALIFORNIA EDISON (SCE) AND/OR LEGISLATIVE CHANGES NEEDED TO ACHIEVE AN EQUITABLE SOLUTION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Temecula has been an active since 2006 in pursuing an equitable solution to the allowable baseline allocation afforded to residents for electricity; and WHEREAS, the City of Temecula has achieved the support of the member cities of Western Riverside Council of Governments (WRCOG) in an effort to garner regional support to further explore this concept of electrical restructuring; and WHEREAS, the proposal received by WRCOG from Southern California Edison (SCE) did not satisfy the Executive Committee, a counter proposal was recommended to be developed and/or possibly a legislative effort to instill desired changes; and WHEREAS, the City of Temecula will work cooperatively with WRCOG and members cities in the preparation of a counter proposal under the legal advise of WRCOG counsel; and WHEREAS, the City of Temecula will also partner with WRCOG on a legislative effort if needed to supplement and/or achieve desired results; and WHEREAS, counter proposal and/or legislative effort will be conducted in a manner that will allow the California Public Utilies Commission (CPUC) to consider the proposal during the rate case filing period of 2008; and NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula hereby supports WRCOG's efforts of increasing baseline electricity rate restructuring for the region and any legislative efforts that may be necessary to achieve that goal. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 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. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 th day of December, 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. 17 Approvals City Attorney Director of Finance City Manager 1r 0Cl, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: December 11,2007 SUBJECT: Declaration of Emergency for Drainage Channel behind Temecula Community Recreation Center due to Flooding PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 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 NO. 2.56 OF THE TEMECULA MUNICIPAL CODE BACKGROUND: On November 30th and December 1S\ there was a rain event in the City of Temecula which caused unanticipated flooding in the creek area behind the Temecula Community Recreation Center (CRC). The result of this flooding was damage to fourteen cars that were flooded with eight having to be towed from the southerly portion of the CRC parking lot as well as an injury to a citizen. The flooding occurred primarily because of the heavy silt that flowed down the channel. The City if extremely concerned that there will be future incidents in this area that create a health and safety issue for our citizens. There is a significant rain event anticipated for the Temecula area beginning Thursday, December 06, 2007 which is expected to last several days and there is a high probability that this creek area may flood again. It is, therefore, recommended to declare this area as a local emergency as this is a health and safety issue for of persons and property within the City of Temecula. FISCAL IMPACT: It is estimated that the fiscal impact will be $25,000. This amount has been budgeted in the Ronald Reagan Sports Park Silt Removal and Desilting Pond Project, Project No. PW05-13 in the City's Capital Improvement Program, Fiscal Years 2007-2011 and is eligible to be funded with Federal Emergency Management Agency (FEMA) funds on a reimbursement basis. The proposed emergency work is in the vicinity of the project area. To do this emergency work, funds will be advanced from Community Services Citywide Fund until such time as the City receives reimbursement from FEMA for this work. ATTACHMENTS: None. RESOLUTION NO. 07-91 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 NO. 2.56 OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Government Code Section 8630 authorizes the City Council to proclaim the existence of a "local emergency"; and A. Government Code Section 8558(c) defines a "local emergency" to include "conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake, or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy, which conditions are likely to be beyond the control of the services, personnel, equipment and facilities of that political subdivision and require the combined forces of other political subdivisions to combat"; and B. Conditions of extreme peril to the safety of persons and property due to flooding of the drainage channel behind the Temecula Community Recreation Center; and C. These conditions have resulted in damage to cars, private homes, government infrastructure, injury to a citizen and debris removal within the City of Temecula; and D. The flooding creates extremely dangerous conditions in the City of Temecula and results in extreme peril to the safety of persons and property; and E. Conditions described above are beyond the capabilities and control of the services, personnel, equipment and facilities of the City and require the combined forces of other political subdivisions; and Section 2. The City Council of the City of Temecula, in the County of Riverside, State of California, in regular session assembled on December 11, 2007, declares that an emergency now exists within said City. A. During the existence of said emergency, powers, functions, and duties of the Disaster Director and the Emergency Management Organization of the City of R:lResos 2007/Resos 07-91 Temecula shall be those prescribed by State law and the ordinances, resolutions, and approved plans of the City of Temecula in order to mitigate the effects of said emergency. B. All City officials and employees cooperate and coordinate efforts with officials and employees of other political subdivisions and officials and employees of the state and federal government in bringing the present condition of local emergency and disaster under control. C. Within the next fourteen (14) days a report on the most recent conditions of emergency and disaster be presented to this City Council so that this Council may determine whether conditions of emergency and disaster still exist. Section 3. City Clerk Susan W. Jones, Recovery Manager, is hereby designated as the authorized representative of the City of Temecula for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain available state and federal assistance. Section 4. It is therefore ordered that a copy of this resolution be forwarded to the Governor of California with the request that he pursue a Presidential Declaration. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 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. 07-91 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of October, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, R:lResos 2007/Resos 07-91 2 NOES: 0 ABSENT: 0 ABSTAIN: 0 R:lResos 2007/Resos 07-91 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Washington None None None 3 Susan W. Jones, MMC City Clerk ITEM NO. 18 ORDINANCE NO. 07-18 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. R:/Ords 2007/0rds 07-18 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 R:/Ords 2007/0rds 07-18 2 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. Severability 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] R:/Ords 2007/0rds 07-18 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 Ordinance No. 07-18 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 2ih 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 11 th day of December, 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 07-18 4 TEMECULA COMMUNITY SERVICES DISTRICT ITEM NO. 19 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT NOVEMBER 27,2007 A regular meeting of the City of Temecula Community Services District was called to order at 8:09 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 3 DIRECTORS: Edwards, Naggar, Washington, ABSENT: 2 DIRECTORS: Roberts and Comerchero. Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of 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. 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. R:\Minutes\112707 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. MOTION: Director Naggar moved to approve the Consent Calendar. Director Edwards seconded the motion and electronic vote reflected approval with the exception of Directors Roberts and Comerchero who were both absent. CSD DEPARTMENTAL REPORT 21 Communitv Services Department Monthlv Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Parker invited the public to attend the City's annual Santa's Electric Light Parade to be held on Friday, November 30, 2007, at 7:00 p.m.; the Christmas Tree Lighting Ceremony at 6:30 p.m. on Thursday, November 29, 2007, at the Temecula Duck Pond; and the final Youth Master Plan Workshop on December 6, 2007, at 6:00 p.m. to be held in the City Hall Council Chambers. For Director Washington, Director of Community Services Parker noted that he would happy to provide a Best Hat Award. CSD GENERAL MANAGERS REPORT No reports at this time. CSD BOARD OF DIRECTORS REPORTS No reports. R:\Minutes\112707 2 CSD ADJOURNMENT At 8:12 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, December 11, 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 ClerklDistrict Secretary [SEAL] R:\Minutes\112707 3 ITEM NO. 20 Approvals City Attorney Director of Finance City Manager f/1ar M1 0Cl, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: December 11, 2007 SUBJECT: Financial Statements for the Three Months Ended September 30, 2007 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the three months ended September 30,2007. 2. Approve an increase of $25,000 for donations in the Parks & Recreation Fund. 3. Approve an appropriation of $25,000 for rehabilitation in the Parks & Recreation Fund. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the three months ended September 30, 2007. Please see the attached financial statements for an analytical review of financial activity. The $25,000 represents a generous contribution from the Temecula Valley Soccer Association to pay for renovations at the Ronald Reagan Sports Park Soccer fields. FISCAL IMPACT: None ATTACHMENTS: -Combining Balance Sheet as of September 30,2007 -Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the three months ended September 30, 2007 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of September 30, 2007 and the Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the three months ended September 30,2007 (Unaudited) Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of September 30, 2007 Parks & Service Service Service Recreation Level B Level C Level D Assets: Cash and investments $663,622 $978 $46,219 $204,628 Receivables 226,058 34,523 71 ,390 276,470 Due from other fnnds 174,520 Total assets $1,064,200 $35,501 $117,609 $481,098 Liabilities and frmd balances: Liabilities: Due to Other Fnnds $75,000 Other current liabilities $748,001 297 $116,129 $177,793 748,001 75,297 116,129 177,793 Frmd balances: Reserved Designated 316,199 (39,796) 1,480 303,305 Total fund balances 316,199 (39,796) 1,480 303,305 Total liabilities and fnnd balances $1,064,200 $35,501 $117,609 $481,098 Please note that these balances are unaudited Temecula Community Services District Combining Balance Sheet As of September 30, 2007 Service Service Debt Level R Level L Library Service Total Assets: Cash and investments $34,779 $249,200 $1,293,923 $384,989 $2,878,338 Receivables 690 2,490 10,337 1,154 623,112 Due from other fnnds 174,520 Total assets $35,469 $251,690 $1,304,260 $386,143 $3,675,970 Liabilities and frmd balances: Liabilities: Due to Other Fnnds $75,000 Other current liabilities $13,953 $721,683 1,777,856 13,953 721,683 1,852,856 Frmd balances: Reserved $386,143 386,143 Designated $35,469 237,737 582,577 1,436,971 T olal fund balances 35,469 237,737 582,577 386,143 1,823,114 Total liabilities and fnnd balances $35,469 $251,690 $1,304,260 $386,143 $3,675,970 Please note that these balances are unaudited 2 Temecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2007 Annual Percent Amended YTD Total Total Budget Activity Encumbrances Activity Activity Revenues: Special tax $3,657,684 $189,017 $189,017 5% (1) TCSD admin fee creditl"REST" 6,118,839 1,529,710 1,529,710 25% Recreation programs 1 ,335,200 442,310 442,310 33% Investment interest 23,900 12,415 12,415 52% Development services 131,608 4,487 4,487 3% Lease Income 36,000 10,509 10,509 29% Reimbursements/elP 30,663 2,515 2,515 8% (2) Total Revenues 11,333,894 2,190,963 2,190,963 19% Expenditures: Parks, medians and arterial street lighting 7,094,570 1,619,669 $557,809 2,177,478 31% Seniors 208,508 52,437 12,633 65,070 31% Community Recreation Center (eRe) 531,668 124,991 15,640 140,631 26% Recreation programs 757,688 298,609 29,735 328,344 43% (3) Temecula Community Center (rCC) 198,100 45,338 13,314 58,652 30% Museum 245,573 66,440 20,382 86,822 35% Aquatics 621,573 190,359 15,578 205,937 33% Sports 308,959 68,511 26,126 94,637 31% Children's Muselllll 338,767 78,827 18,788 97,615 29% Community Theater 1,086,837 253,298 73,818 327,116 30% Cultural Arts 139,230 54,739 (12,217) 42,522 31% Total Expenditures 11,531,473 2,853,218 771,606 3,624,824 31% Revenues Over/CUnder) Expenditures (197,579) (662,255) Transfers Out (494,455) (374,463) Revenues Over/CUnder) Expenditures and Transfers 296,876 (1,036,718) Beginning Fund Balance, July 1, 2007 1,352,917 1,352,917 Ending Fund Balance, September 30, 200; $1,649,793 $316,199 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance is due to less than anticipated capital project hours for landscape maintenance inspectors during this quarter. 3) The variance in recreation programs is due to timing of special events and contracted classes, which occur more frequently in Spring and SillIlfller months. 3 Temecula Community Services District Service Level B - Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2007 Annual Amended Total Percent Budget Activity of Budget Revenues: Assessments $640,459 $34,142 5% (I) Investment Interest 2,000 371 19% Street lighting fees 12,000 264 2% Property Owner Election fees 800 452 57% Total Revenues 655,259 35,229 5% Expenditures: Salaries & Wages 6,635 1,649 25% Street lighting 700,000 189,519 27% Operating Expenditures 17,700 Total Expenditures 724,335 191,168 26% Revenues Over/(Under) Expenditures (69,076) (155,939) Beginning Fund Balance, July 1, 2007 116,143 116,143 Ending Fund Balance, September 30, 2007 $47,067 ($39,796) (2) Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Due to timing of special assessments taxes, there is a temporary operating deficit that will be resolved upon receipt in January. 4 Temecula Community Services District Service Level C - Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2007 Annual Amended YTD Total Percent Budget Activity Encumbrances Activity of Budget Revenues: Assessments $1,579,857 $70,448 70,448 4% (I) RE.S.T 415,242 262,225 262,225 63% (2) Plan check and inspections 20,971 17,906 17 ,906 85% Property Owner Election fees 800 452 452 57% Investment Interest 292 292 Total Revenues 2,016,870 351,323 351,323 17% Expenditures: Salaries and wages 264,365 62,050 $62,050 23% Landscape maintenance 1,059,965 217,317 $217 ,801 435,118 41% (3) Operating Expenditures 475,894 157,625 14,556 172,181 36% (3) Total Expenditures 1,800,224 436,992 232,357 669,349 37% Revenues Over/(Under) Expenditures 216,646 (85,669) Beginning Fund Balance, July 1,2007 87,149 87,149 Ending Fund Balance, September 30, 2007 $303,795 $1,480 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance is due to advance contribution processed to cover operating expenditures during this quarter. 3) The variance is primarily due to timing of expenditures for landscape maintenance, utility costs, and contract maintenance services are higher during Spring and Summer Months due to area heat waves. 5 Temecula Community Services District Service Level D - Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2007 Annual Amended YTD Percent Budget Activity of Budget Revenues: Assessments $5,297,628 $275,341 5% (I) Grants 24,962 $24,962 100% (2) Recycling Program 5,000 49 1% (3) Investment Interest 4,000 1,208 30% Total Revenues 5,331,590 301,560 6% Expenditures: Salaries and wages 48,174 11 ,611 24% Refuse hauling 5,222,034 (4) Operating Expenditures 64,500 18,052 28% Total Expenditures 5,334,708 29,663 1% Revenues Over/(Under) Expenditures (3,118) 271 ,897 Beginning Fund Balance, July 1, 2007 31,408 31,408 Ending Fund Balance, September 30, 2007 $28,290 $303,305 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The entire recycling grant was received in August of this fiscal year. 3) The CR&R recycling grant is scheduled to be received by January of this fiscal year. 4) Refuse hauling payments are made semi-annually in January and hme of each fiscal year. The agreement with the trash hauler restricts payment of services to receipt timing of trash assessments collected by the COlmty of Riverside. 6 Temecula Community Services Districl Service Level R - Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2007 Annual Amended YTD Total Percent Budget Activity Encumbrances Activity of Budget Revenues: Assessments $10,061 $394 $394 4% (1) Investment interest 400 316 316 79% Total Revenues 10,461 710 710 7% Expenditures: Emergency Street Maintenance 6,200 $6,000 6,000 97% (2) Property Tax Admin fees 100 Total Expenditures 6,300 6,000 6,000 Revenues Over/(Under) Expenditures 4,161 710 Beginning Fund Balance, July 1, 2007 34,759 34,759 Ending Fund Balance, September 30, 2007 $38,920 $35,469 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) Ternecula Community Services staff have planned the year's maintenance expenditures, but actual work vviIl commence after September 30, 2007. 7 Temecula Community Services District Service Level L -Lake Park Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2007 Annual Amended YTD YTD Total Percent Budget Activity Encumbrances Activity of Budget Revenues: Assessments $200,000 (I) Harveston Lake Boat fees 2,000 $702 $702 35% Investment interest 2,569 2,569 Total Revenues 202,000 3,271 3,271 2% Expenditures: Salaries & Wages 28,076 6,823 6,823 24% Lake maintenance 62,000 16,642 $11,042 27,684 45% (2) Operating Expenditures 171,400 35,591 41,370 76,961 45% (2) Total Expenditures 261,476 59,056 52,412 111,468 43% Revenues Over/(Under) Expenditures (59,476) (55,785) Beginning Fund Balance, July 1, 2007 293,522 293,522 Ending Fund Balance, September 30, 2007 $234,046 $237,737 Notes: 1) Special assessment taxes are primarily received in January and May each fiscal year. 2) The variance in lake maintenance expenditures is due to encumbrances that are recorded during this quarter for the fiscal year. 8 Temecula Community Services District Temecula Library Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2007 Annual Amended Budget YTD Total Percent Activity Encumbrances Activity of Budget $369,501 $369,501 25% 200 200 1% 5,725 5,725 23% 27,748 27,748 31% 11 ,099 11,099 414,273 414,273 26% 3,237 3,237 6% (I) 132,652 $55,378 188,030 34% 135,889 55,378 191,267 12% 278,384 304,193 $582,577 Revenues: TCSD adrnin fee credit/"REST" Library Concessions Library Facilities Rental Library Services Investment interest $1,478,005 14,000 24,500 89,500 3,000 Total Revenues 1,609,005 Expenditures: Salaries & Wages- Part-Time Project COlmty Reimbursement Operating expenditures 53,905 1,000,000 555,100 Total Expenditures 1,609,005 Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2007 304,193 Ending Fund Balance, September 30, 2007 $304,193 Notes: 1) The COlmty of Riverside has not provided the supporting documentation as required per the City of T emecula agreement which requires semi-annual payments based upon detailed and supported documentation of actual expenditures incmed up to agreement limits that support their invoices. Temecula COIllrmmity Service Department staff is working with the COWIty to resolve this issue. Invoices for fiscal year 2007 -08 are expected to be paid semi-annually in February and Jrme of this year. 9 Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2007 Annual Amended YTD Total Percent Budget Activity Encumbrances. Activity of Budget Revenues: Investment interest $1,176 $1,176 Transfer In $494,455 374,463 374,463 76% (I) Total Revenues 494,455 375,639 375,639 76% Expenditures: Debt service - principal 255,000 (2) Debt service - interest 235,605 (2) Operating Expenditures 3,850 $3,850 3,850 100% (3) Total Expenditures 494,455 3,850 3,850 1% Revenues Over/(Under) Expenditures 375,639 Beginning Fund Balance, July 1, 2007 10,504 10,504 Ending Fund Balance, September 30, 2007 $10,504 $386,143 Notes: 1) The operating transfer is processed this quarter for principal and interest payment due in October. 2) Debt service principal and interest are scheduled to be paid on October 1, 2007. 3) Temecula Commmrity Services Department staff have entered into an agreement for Trustees Fees services for the the entire year, however, actual payment is expected later in the year in one lump sum amOlmt. 10 ITEM NO. 21 Approvals City Attorney Director of Finance City Manager f/1ar M1 0Cl, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: December 11,2007 SUBJECT: Food, Beverage and Alcohol Beverage Sales Agreement with Sherry Berry Music PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOM M ENDA TION: That the Board of Directors approve in substantial form an agreement with Sherry Berry Music to provide food, beverage and alcoholic beverage sales at the Old Town Temecula Community Theater. BACKGROUND: On September 11, 2007, the Board of Directors approved an agreement with Full Value Entertainment (Full Value) for the provision of concession services at the Old Town Temecula Community Theater. At that time, Full Value believed that it would be able to obtain an alcohol (ABC) license to sell beer and wine at the venue. Since that time, Full Value has determined that it is unable to obtain the necessary permit and has declined to sign the agreement. Recently, the California Department of Alcoholic Beverage Control conducted an ABC license lottery for available licenses throughout the state. Sherry Berry Music (Concessionaire) entered the lottery and was awarded an opportunity to obtain an alcohol license. To complete the license process, the Concessionaire must file an application and show proof of a two-year minimum lease or concession agreement with the owner of the venue where the beverage sales and services will be offered. In conjunction with this effort, the City has retained outside Counsel to obtain a municipal auditorium exemption that will allow the City to permit the Concessionaire to sell alcohol at the Old Town Temecula Community Theater from the City's concession cart. Recently, the City received a proposal from Sherry Berry Music to operate the concession cart at the theater to provide food, beverage and alcoholic beverage services at that location. Staff has met with Sherry Berry Music to negotiate the provisions of the proposed agreement. The term of the agreement is for three years with two one-year extensions. It is envisioned that the Concessionaire will provide refreshments, snacks, and beverages best suited the audience for each performance. Approval of this item will allow the Concessionaire to complete the ABC license application process and for the City to obtain the municipal auditorium exemption in conjunction with that license. Once both the license and exemption are approved, the Concessionaire will be able to begin full concession service before performances and during intermissions of theatrical performances in the theater and programs offered in the Merc. It is envisioned that offering concessions at this venue will provide an enhanced service and level of patron enjoyment of the total theater experience. FISCAL IMPACT: Revenues to the City from the operations of the concession cart atthe theater are estimated to be $1,200 for the remainder of FY 07/08. ATTACHMENTS: Professional Services Agreement FOOD, BEVERAGE AND ALCOHOLIC BEVERAGE SALES AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SHERRY BERRY MUSIC FOR THE OLD TOWN TEMECULA COMMUNITY THEATER THIS AGREEMENT is made and effective as of December 11, 2007, between the Temecula Community Services District ("District") and Sherry Berry Music, a General Partnership ("Concessionaire"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECIT ALS. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be true and correct: a. The District has constructed, owns and operates the Old Town Temecula Community Theater ("Theater"). b. District desires to have a Concessionaire, and Concessionaire desires, to provide for the sale of high quality food, beverages and alcoholic beverages at the Theater from the Food Concession Cart. 2. DEFINITIONS. As used in this Agreement the following words and phrases shall be defined as follows: c. "Concessionaire Supplied Equipment" shall mean such equipment as is necessary for the providing of food, beverage and alcoholic beverage sales as required by this Agreement, except for the District Supplied Equipment. d. "Director" shall mean the Director of Community Services ofthe District of Temecula or his or her designee. e. "Director of Finance" shall mean the Director of Finance ofthe District of Temecula or his or her designee. f. "Food Concession Cart" shall mean the "Van San 8" food concession cart that is equipped with a built-in refrigerator unit, an ice dispense and a MSU unit for the removal of waste water. g. "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food, beverages and alcoholic beverages sold pursuant to this Agreement prior to payment of expenses. h. "Indemnified Parties" shall mean the City of Temecula, the District, and their respective officers, officials, agents, employees and volunteers. i. "Theater" shall mean the Old Town Community Theater in the Old Town area of the City of Temecula. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 1 2. EXCLUSIVE AGREEMENT FOR FOOD. BEVERAGE AND ALCOHOLIC BEVERAGE SALES AT FOOD CONCESSION CART. The District hereby grants to Concessionaire an exclusive right to sell high quality food, beverages and alcoholic beverages from the Food Concession Cart and Stand to patrons of the Theater and members ofthe public in accordance with the terms ofthis Agreement. The District reserves the right to contract with other food vendors in areas ofthe Theater for special events. For these special events, said food vendors shall be required to use the Concessionaire for sales and service of alcoholic beverages. The District shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Special Event. Concessionaire shall not sell alcoholic beverages unless she obtains an Alcoholic Beverage Control permit (Type 47 license for a civic auditorium under Cal. B&P Code 23824). 3. MAINTENANCE OF EOUlPMENT AND PHYSICAL PLANT OF FOOD CONCESSION CART. a. The District shall provide the Food Concession Cart for the operation ofthe food, beverages and alcoholic beverages sales operation. District shall maintain the Food Concession Cart in good working order and replace such items of the Food Concession Cart when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement ofthe Food Concession Cart, or parts thereof, damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the Food Concession Cart in accordance with applicable law and standard commercial food handling practices. b. Concessionaire shall provide such other equipment as is necessary for the providing of food, beverage and alcoholic beverage sales as required by this Agreement, except for the Food Concession Cart ("Concessionaire Supplied Equipment"). At the termination or expiration of this Agreement, the District shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. c. All signage for the Concessionaire's food, beverage and alcoholic beverage operation at the Food Concession Cart and, including sign content, shall be approved in writing by the Director prior to placement. 4. FOOD. BEVERAGE AND ALCOHOLIC BEVERAGE SALES OPERATIONAL REOUIREMENTS. In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide food and beverages at the Food Concession Cart during the following times: Forty-five (45) minutes prior to any performance or event at the Theater and through the intermissions of the performance or event. Additional hours shall be provided upon the prior written approval ofthe Concessionaire and the Director. A calendar of events will be provided to the Concessionaire on a bi-monthly basis. Concessionaire may provide additional hours of food and beverage service with the prior written approval of the Director. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 2 b. Prior to commencement of the sales from the Food Concession Cart and not less than each calendar quarter thereafter the Director shall review and, after consulting with Concessionaire, approve the menus and quality of offerings for the Theater operations. Concessionaire shall not sell any items from the Food Concession Cart without the prior written consent of the Director. c. Director shall approve in writing the food, beverage and alcoholic beverage price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices for food, beverages and alcoholic beverages shall not exceed the prices on this approved list. d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality food, beverage and alcoholic beverage services as are required of Concessionaire in meeting its obligations under this Agreement. e. As ofthe date ofthis Agreement, the District has obtained from Riverside County Health Department all applicable health permits and licenses as the owner of the facility in which the food, beverages and alcoholic beverages services described in this Agreement will be conducted. Concessionaire shall operate and manage the food, beverage and alcoholic beverage services described in this Agreement in full compliance with the terms of such permits and licenses and with any changes or modifications to said permits and licenses. To the extent the laws, regulations or opinions of the Riverside Health Department may change, Concessionaire shall obtain such permits and licenses as required by applicable laws and re gulati ons. f. Concessionaire shall at its own cost and expense procure and keep in force during the term ofthis Agreement all necessary permits and licenses and shall require any subcontractors to have all necessary permits and licenses during the course of the term ofthe Agreement, including, without limitation: (I) City of Temecula business license; (2) County of Riverside Health Department food handler permits; (3) Alcoholic Beverage Control Commission permits; and (4) California State Board of Equalization sellers permit. g. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment oftaxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the term ofthe Agreement as a result of Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against District's property during the term ofthis Agreement. h. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to District. The style and colors of uniforms for employees shall be approved by the Director. i. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 3 service. Concessionaire's employees shall follow all applicable sanitary practices, rules and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the District. The District shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. j. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of normal sensitivity during the course of providing services at the Theater. Concessionaire's employees shall not interfere with a program or special event presented at the Theater. The Director shall be the sole judge in the determination of such matters. k. To the extent required by law, Concessionaire's employees shall be fingerprinted and undergo the State required background check for working in a public park. 1. Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. m. Concessionaire shall respond promptly to all complaints from patrons and shall report to District on each complaint and the resolution thereof. If District believes a complaint to be of a serious nature, District shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. n. Not less than once each calendar month during the first year of the term ofthis Agreement, the Director and Concessionaire shall meet to discuss the operation of the food, beverage and alcoholic beverage services and the financial viability ofthe operation. o. All promotions with other food vendors or any subcontracts shall be approved in advance and in writing by the Director. p. Concessionaire shall allow District Staff access to the Food Concession Cart and Concessionaire's operation as necessary or convenient to the District to insure compliance with the terms of this Agreement. 5. TERM. This Agreement shall commence on December 11, 2007 and shall remain and continue in effect until December 11, 2010, unless sooner terminated or extended pursuant to the provisions ofthis Agreement. District shall have the right to extend this Agreement for two one (1) year periods with the first beginning on December 11, 2010 and the second beginning on December 11, 2011. District shall exercise its option to extend the Agreement on or before October 1 ofthe year of expiration. 6. PAYMENT TO THE DISTRICT. a. Concessionaire shall sell its food and beverages to patrons ofthe Theater and members ofthe public from the Food Concession Cart. District shall not be required to payor otherwise compensate Concessionaire for providing food, beverage and alcoholic beverage services at the Theater. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 4 b. For the privilege of operating the Food Concession Cart pursuant to the terms of this Agreement, Concessionaire shall pay to the District five percent (5%) ofthe Gross Revenues of the Concessionaire from its sales pursuant to this Agreement in the first year and five percent (5%) from its sales pursuant to this Agreement in the second year, and nine percent (9%) from its sales pursuant to this Agreement in the third and every succeeding year thereafter. Said sum shall be paid to the District within ten (10) calendar days following the end of each calendar quarterly. c. As used in this Agreement, "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food, beverages and alcoholic beverages sold pursuant to this Agreement prior to payment of expenses; provided, however, sales taxes pursuant to Section 7200 et seq. ofthe Revenue and Taxation Code shall not be included in Gross Revenues. d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaire's revenues received in connection with the sales of food, beverages and alcoholic beverages pursuant to this Agreement. The Director of Finance shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration ofthe term ofthis Agreement and any extensions thereof. District and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business day's notice. If a District audit uncovers an underreporting of Gross Revenues in the amount of five percent (5%) or more during a one year period, Concessionaire shall pay the District's costs in performing the audit. e. Prior to the commencement of the term ofthis Agreement, Concessionaire shall deposit in a local bank, or savings and loan company having F.D.I.C., or F.S.L.I.C., in favor of the District of Temecula, the amount of One Thousand Dollars ($1,000.00). If Concessionaire defaults in payments to the District or any ofthe terms, provisions, covenants and conditions ofthis Agreement, District may use, apply, or retain the whole or any part ofthis security for any payment due to the District of any expenses or payment in default or for any other sum which the District may spend or be required to spend by reason of Concessionaire's default. The security deposit or any balance remaining of the security deposit, less any deductions per this subsection, shall be returned to Concessionaire, within fourteen (14) days ofthe termination or expiration ofthis Agreement. In the event District uses part or all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used within ten (10) days of notice from District. District may require, at any time, that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. 7. TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 5 b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the District at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the Director otherwise agrees in writing. c. In the event this Agreement is terminated pursuant to this Section, the Concessionaire shall pay to the District the amounts which may be due to the District under this Agreement through the time of termination. d. Upon termination ofthe Agreement and to the extend the same is permitted under applicable laws, Concessionaire shall cooperate in transferring the Alcohol Beverage Control permit to the District's designee. 8. DEFAULT OF CONCESSIONAIRE. a. Concessionaire's failure to comply with the provisions ofthis Agreement shall constitute a default. b. Ifthe Director determines that Concessionaire is in default in the performance of any ofthe terms or conditions ofthis Agreement, he or she shall serve the Concessionaire with written notice ofthe default. Concessionaire shall have (l0) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Concessionaire fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision ofthis Agreement, to terminate or suspend 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. In the event the Director determines that Concessionaire's default poses an immediate risk to the health or safety of patrons ofthe park, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the Director shall initiate the default procedures set forth in this Section. d. The District and Concessionaire agree that waiver by the District or Concessionaire of any breach or violation of any term or condition ofthis Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 9. INDEMNIFICA TION. Concessionaire agrees to defend, indemnify, protect and hold harmless the District, City, and/or Agency, and their officers, officials, agents, 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 District, City, and/or Agency 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 Concessionaire'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 ofthe negligence ofthe District, their officers, officials, agents, employees and volunteers. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 6 10. INSURANCE REQUIREMENTS. Concessionaire 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 Concessionaire, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (I) Insurance Services Office Commercial General Liability form No. CG 00 0 I II 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code I (any auto). Ifthe Concessionaire 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. (4) Liquor Liability for bodily injury, personal injury and property damages. b. Minimum Limits ofInsurance. Concessionaire shall maintain limits no less than: (I) General Liability: $2,000,000 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: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. c. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Director of Finance. At the option of the Director of Finance, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the Indemnified Parties; or the Concessionaire shall procure a bond C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 7 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: (l) The District, City, and/or Agency, their officers, officials, agents, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf ofthe Concessionaire; products and completed operations of the Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the Indemnified Parties. (2) For any claims related to this Agreement, the Concessionaire's insurance coverage shall be primary insurance as respects the District, City, and/or Agency their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, City, and/or Agency their officers, officials, employees and volunteers shall be excess ofthe Concessionaire's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions ofthe policies including breaches of warranties shall not affect coverage provided to the District, City, and/or Agency their officers, officials, employees and volunteers. (4) The Concessionaire's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits ofthe insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the District. (6) In the event Concessionaire receives any notice of an event described in Subparagraph (5) of this section, Concession shall notify the District in writing of said notice and provide District with a copy thereof with two (2) days of receipt of said notice and insurance policy. e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 8 f. Verification of Coverage. Concessionaire 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 Concessionaire'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. Concessionaire 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 Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire 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 ofthe District. Concessionaire 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 Concessionaire in connection with the performance ofthis Agreement. Except for the rights of Concessionaire as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for District. District shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself informed of all applicable local, State and Federal laws, ordinances, and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. Concessionaire 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 for any failure of the Concessionaire to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Concessionaire in performance of this Agreement shall be considered confidential and shall not be released by Concessionaire without District's prior written authorization. Concessionaire, its officers, employees, agents or subcontractors, shall not without written authorization from the Director or unless requested by the District 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 order shall not be considered "voluntary" provided Concessionaire gives District notice of such court order or subpoena. b. Concessionaire shall promptly notify District should Concessionaire, its officers, employees, agents or subcontractors be served with any summons, C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 9 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 proj ect or property located within the District. District retains the right be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Concessionaire. However, District's right to review any such response does not imply or mean the right or obligation 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: District of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Director of Community Services To Concessionaire: Sherry Berry Music 45600 Corte Royal Temecula, CA 92592 Attention: Sherry Williams 15. ASSIGNMENT. Due to the special services being performed by Concessionaire pursuant to this Agreement, and the importance of providing quality food, beverage and alcoholic beverage services, Concessionaire shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent ofthe Director. 16. GOVERNING LAW; LITIGATION. The District and Concessionaire understand and agree that the laws ofthe State of California shall govern the rights, obligations, duties and liabilities ofthe parties to this Agreement and also govern the interpretation ofthis Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the District of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 10 17. PROHIBITED INTEREST. No officer, or employee ofthe District of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub-contractors, during his/her tenure or for one year thereafter. The Concessionaire hereby warrants and represents to the District that no officer or employee of the District of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business ofthe Concessionaire or Concessionaire's sub-contractors for the services to be provided under this Agreement. Concessionaire 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. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of Concessionaire and has the authority to bind Concessionaire to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DISTRICT OF TEMECULA Jeff Comerchero President Attest: Susan W. Jones, MMC, District Secretary/ City Clerk Approved as to form: Peter M. Thorson, General Counsel C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 11 SHERRY BERRY MUSIC a General Partnership 45600 Corte Royal Temecula, CA 92592 Sherry Williams Partner Frank R. Fletcher Partner C:\Program Files (x86)\Neevia.Com\Document Converter\temp\866230.DOC 12 ITEM NO. 22 Approvals City Attorney Director of Finance City Manager f/1ar M1 0Cl, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: December 11, 2007 SUBJECT: Professional Services Agreement with RJM Design Group for Plans and Specifications for the Redhawk Parks Improvement Project - Phase I PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: 1. Approve a professional services agreement, in its substantial form, in the amount of $164,574 with RJM Design Group for design development and completion of Plans and Specifications for the Redhawk Parks Improvement Project - Phase I. 2. Authorize the General Manager to approve additional work not to exceed $16,457 which is equal to 10% of the agreement amount. 3. Find that the proposed improvements are exempt from the provIsions of California Environmental Quality Act because they are categorically exempt under the Class 1 Categorical Exemption, Existing Facilities (14 Cal. Code Regs. S15301), Class 2 Categorical Exemption, Replacement or Reconstruction (14 Cal. Code Regs. S15302), and direct the City Manager to file a Notice of Exemption as required by law." 4. Authorize the preparation of construction documents and release a formal public bid for the Redhawk Parks Improvement Project - Phase I. BACKGROUND: On July 10, 2007, the Board of Directors approved the Conceptual Master Plan for the Redhawk Parks Improvement Project. Staff and our design consultant, RJM Design Group, had worked with Council Members Jeff Comerchero and Maryann Edwards and Community Services Commission members and the Redhawk residents to design the proposed park improvements for the four existing Redhawk park sites. Through a series of meetings with community members and a community wide workshop attended by several members of the Redhawk area, the architect developed the proposed improvements for the each park. Phase I of the project is proposed to include a restroom, half court basketball, ADA improvements and the permanent dog park at Redhawk Community Park. A seat wall and shade structure for Sunset Park is also included in Phase I improvements. Staff has negotiated with RJM Design Group for the additional consultant services necessary to finalize the improvements design, prepared Plans and Specifications, and bid the project. Approval of the Professional Services Agreement with RJM Design Group will enable staff to complete the first phase improvements at Redhawk Community Park and Sunset Park. Staff has reviewed the proposed project under the California Environmental Quality Act (CEQA) and has determined that the project is exempt from review under CEQA, pursuant to Section 15302 of the CEQA Guidelines. The project qualifies for a Class 2 Categorical Exemption because the project consists of replacement or reconstruction of existing structures and facilities where the new structures will be located on the same site or sites as the structures being replaced and will have substantially the same purpose and capacity as the structures being replaced. Portions of the project also qualify for a Class 1 Categorical Exemption because the project also proposes the minor alteration of public property such as permanent restroom facilities at Redhawk Community Park and seating at Sunset Park. The proposed new facilities involve no expansion of the existing park sites. FISCAL IMPACT: Total cost of the Professional Services Agreement is $164,574, plus an additional $16,574 contingency. The funding for the Professional Services has been funded in the 2007-2008 Capital Improvement Program (CIP). ATTACHMENTS: Professional Services Agreement AGREEMENT FOR LANDSCAPE ARCHITECT SERVICES BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND RJM DESIGN GROUP, INC. REDHAWKPARKS IMPROVEMENTPROJECT-PHASE I THIS AGREEMENT is made and effective as of December 11, 2007 between the Temecula Community Services District, a municipal corporation ("District") and RJM Design Group, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 11, 2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2010, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations internet website at http://www.dir.ca.qov Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the 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 Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Sixty-Four Thousand Five Hundred Seventy-Four and No/100 ($164,574). b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Consultant at the time District's written authorization is given to Consultant for the performance of said services. The General Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed thirty thousand dollars ($30,000.00) or the amount approved by District Council. Any additional work in excess of this amount shall be approved by the District Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the District disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. If applicable Consultant shall provide receipts on reimbursable expenses in excess of fifty dollars ($50). 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. 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 consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the District shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the District pursuant to Section 5. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the General Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the 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. Consultant 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. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of 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 Consultant. With respect to computer files containing data generated for the work, Consultant 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. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. a. Indemnity for Professional Services. In the connection with its professional services, Consultant shall defend, hold harmless and indemnify District, City of Temecula, andlor Redevelopment Agency, and its officers, elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of District, City of Temecula, or Redevelopment Agency and its officers, elected officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub-consultants, or agents in the performance of its professional services under this Agreement. Consultant shall defend the Indemnities in any action or actions filed in connection with any such claims with counsel of District's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. b. Other Indemnities. In connection with all claims not covered by Paragraph A, Consultant shall defend, hold harmless and indemnify the District, City of Temecula, andlor Redevelopment Agency, and its officers, elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of District, City of Temecula or Redevelopment Agency and its officers, elected officials, (collectively, "Indemnitees"), from any claim, demand, damage, liability, loss, cost or expense (collectively, "claims"), including but not limited to death or injury to any person and injury to any property, 3 arising out of, pertaining to, or relating to Consultant's performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such claims with counsel of District's choice, and shall pay all costs and expenses, including actual attorney's fees, incurred in connection with such defense. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) CG 00 01 11 85 or 88. Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: 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. 4) claim and in aggregate Professional Liability coverage: One million ($1,000,000) per c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the General Manager. At the option of the General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, elected officials, employees and volunteers; or 4 the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The District, City of Temecula, Redevelopment Agency and its officers, elected officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the District, City of Temecula, Redevelopment Agency and its officers, elected officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the District, City of Temecula, Redevelopment Agency and its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, City of Temecula, Redevelopment Agency and its officers, elected officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provIsions of the policies including breaches of warranties shall not affect coverage provided to the District, City of Temecula, Redevelopment Agency and its officers, elected officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be cancelled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the District. 6) If insurance coverage is cancelled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, andlor 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 AM. 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. Consultant 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 Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 5 11. INDEPENDENT CONTRACTOR. a. Consultant 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 Consultant shall at all times be under Consultant's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Consultant 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 Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for District. District shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without District's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the District 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 order shall not be considered "voluntary" provided Consultant gives District notice of such court order or subpoena. b. Consultant shall promptly notify District should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Consultant andlor be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Consultant. 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, 6 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 P.O. Box 9033 Temecula, California 92589-9033 To District via Courier Service: 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Consultant: RJM Design Group 31591 Camino Capistrano San Juan Capistrano, CA 92675 Attention: Bob Mueting 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the District Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The District and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the District of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the District 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 hislher tenure or for one year thereafter. The Contractor hereby warrants and represents to the District that no officer or employee of the District 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 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 7 written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, President Attest: Susan W. Jones, MMC, District Clerk Approved As to Form: Peter M. Thorson, General Attorney CONSULTANT RJM Design Group, Inc. 31591 Camino Capistrano San Juan Capistrano, CA 92675 (949) 493-2600 (949) 493-2690 fax By: Robert Mueting Principal By: Larry P. Ryan Secretary 9 EXHIBIT "A" RJM DESIGN GROUP, INC. PLANNING AND I.ANDSCAPE ARClIITECTURE November 7, 2007 Mr. Herman Parker Director of Community Service CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92589-9033 Re: PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES REDHA WK COMMUNITY PARK AND SUNSET PARK, CITY OF TEMECULA PRELIMINARY DESIGN, CONSTRUCTION DOCUMENTS, AND CONSTRUCTION ADMINISTRATION Dear Herman: On behalf of RJM Design Group, Inc. we are pleased to submit our scope of work and fee proposal for the preparation of Preliminary Design, Construction Documents, and Construction Administration for Phase I Master Plan Improvements for Redhawk Community Park and Sunset Park. Specific program elements are based on the Mastet. Plan drawings dated February 12,2007, and the City's construction budget. This Scope of Work includes the following park amenities: I. Redhawk Community Park a. ADA Accessible Parking b. Half Court Basketball c. Restroom Building (Compare custom vs. prefabricated design and costs) d. Dog Park 2. Sunset Park a. Seatwall and Shade Thank you again for the opportunity to continue working with you, the rest of your staff, and the City ofTemecula, on this important contribution to the community's recreational amenities. With Best Regards, RJM DESIGN GROUP, INC. Robert Mueting, AlA, ASLA Principal DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTATION TASK 1 PROJECT START-UP AND SITE RECONNAISSANCE A. Meet with the City staff to review project scope, requirements for the site, refine time schedules and review the existing site documentation. B. Obtain all documentation available from the City pertaining to this project, including available as-builts for irrigation (field verification of irrigation layout under parapraph C, below by the City), aerial photo, geotechnical report of site, title report, environmental assessment, existing utility information, and previous planning studies as available. C. Aerial Topographic Survey 1. The consultant will prepare a topographic base map at appropriate scale with 1- foot contour interval and Phase 1 project boundary delineation. NOTE: City to flag location of irrigation heads prior to aerial photography, in order to map irrigation head layout on topographic survey map. MEETINGS: (1) Kickof(meeting with key players to obtain documentation and establish project schedule. PRODUCTS: Preliminary schedule, resource document jile, aerial topographic survey. TASK 2 DESIGN DEVELOPMENT Prepare preliminary design plans and cost analysis based upon the approved master plan in order to fix and describe the scope and character for Redhawk Community Park and Sunset Park, including landscape architectural, architectural, civil and electrical systems, materials and such other elements as may be appropriate. Consideration shall be given to availability of materials, equipment and labor, construction sequencing and scheduling, economic analysis of construction, user safety, maintenance requirements, and energy conservation. Final selection of materials, textures, and colors shall occur in this phase. A. Prepare final design refinements in more detail at a larger scale, utilizing current topographic base information. Detailed site plan refinement will be used as the base to prepare construction documents relative to the site hardscape and landscape, prefab restroom building (approximately 800 sJ.), electrical, and civil engineering associated with the proposed project elements. B. Specific materials, finishes, colors and textures will be selected. Site furnishings and equipment will be selected during this task. 07-047 Tefficcul,,- Rcdhawk Park Sites \\107107 1 .~ '{; C. Update preliminary opinion of probable construction costs. D. Conduct staff meeting to review final Design Development plans and costs prior to construction document preparation. MEETINGS: (I) City staff meeting. PRODUCTS: Design Development plans and updated opinion of probable construction costs. TASK 3 CONSTRUCTION DOCUMENTS During this phase, the Contract Documents are prepared setting forth in detail the requirements for the construction of the project. General conditions, Instructions to bidders, and all special requirements are defined, and when combined with the various trade specifications, a complete project manual is produced. Construction drawings will be submitted at 50% complete for review, revised, re-submitted at 90% complete for review, revised, and finally 100% complete construction drawings will be submitted for city review and approval. At each step of construction drawing submittal, a revised cost estimate will also be submitted. Upon approval of construction drawings, the consultant will provide the City with digital files of the approved construction drawings. Task 3 of the project consists of the preparation of the Construction Documents to include final drawings, specifications, calculations, and final cost estimates for improvements at Redhawk Community Park and Sunset Park in one construction document package based upon the approved Preliminary Design drawings. Our proposal includes complete landscape architecture and engineering services required to execute the project. Specifically, we have included the following disciplines. A. Landscape DesignlDocumentation Services during the Construction Document Phase consist of preparation of drawings and specifications based on approved Preliminary Design Documents, setting forth in detail the landscape requirements for the project including: I. Site construction/layout plans 2. Planting plans 3. Irrigation plans 4. Landscape construction details B. Architectural Design Documentation- (Optional Services) Services during the Construction Document Phase consist of preparation of drawings based on approved Design Development Documents, setting forth, in detail, the architectural construction requirements for custom designed restroom building. 07-047 Tcmccula - Rcdhawk Park SiteS 11/07/07 2 (, , ~ ~ , :, i C. Civil Design Documentation Services during the Construction Document Phase consist of preparation of final civil engineering calculations, Drawings and Specifications for the sewer connection and "pre-packaged" lift station for the restroom building at Redhawk Community Park, remedial grading, water, sewer and horizontal control. The following assumptions are based on a pre-packaged lift station: 1. Sewer is to be connected to existing sewer line in the adjacent street. This will require a lift station. Our proposal includes sewer plans for public street connection. (Excludes onsite sewer profiles of force main.) 2. We will provide pump head and general design criteria with typical details. Contractor will provide final design and submit shop drawings. 3. Proposed onsite water system to restroom to be served from the street. Plans will show waterline to the building, and domestic water meter. Excludes any capacity or pressure studies. Excludes Fire Depaltment U/G Fire Plan and fire hydrants, & assumes restroom not sprinkled. D. Site Electrical Design Documentation Final drawings and specifications shall be completed at the contract document phase to include electrical power for the lift station pumps and lighting for the new restroom building at Redhawk Community Park. (Site lighting is not included.) E. Project Manual and Technical Specifications City to provide current "boiler plate" Special Provisions. 1. Develop and prepare technical specifications utilizing City Standard Specifications and 'Greenbook' format for all site related work. CSI format for restroom building. F. Statement of Probable Construction Cost Statement of Probable Construction Cost services during the Construction Document Phase consist of advising the City of any adjustments when the Construction Documents are at approximately 50% and 90% complete, updating of the Preliminary Design Phase Statement of Probable Construction Cost of the Project, taking into account: 1. Changes in materials, systems or details of construction which have occurred during preparation of the Construction Documents . 2. Known changes in the cost of materials, labor and services since preparation of the previous Statement of Probable Construction Cost. 07-047 Temecula - Redhawk Park Sites \\101107 3 ~; ~ , I I l ~ , 3. Adjustments for known or anticipated changes in the bidding market relative to the Project. G. Submit plans to the City at 50% and 90% completeness for review. H. (2) meetings with City to review Plan Check comments. r. Revise plans per Plan Check comments. J. Provide digital AutoCAD 2006 files of original Plans and Specifications. K. Submit final wet stamped and signed mylar to the City for printing and distribution to prospective bidders. TASK 4 BIDDING Bidding Procedures The Consultant shall assist the City with the Bidding Phase of the project. Questions, clarifications, or conflicts arising out of the bidding process will be resolved by addenda prepared by the Consultant. Addenda to the contract for construction shall be prepared in writing to document any clarification or modification made to the contract documents. In addition, the consultant shall attend a pre-bid conference, if required, and assist the City in awarding the construction contract. A. Addenda Services consist of preparation and distribution of Addenda for improvements as may be required during bidding or negotiation and including supplementary Drawings, Specifications, instructions and notice(s) of changes in the bidding schedule and procedure. Provide responses to questions from Bidder's or proposers, and clarifications or interpretations of the Bidding Documents. TASKS CONSTRUCTION OBSERV ATION/ADMINISTRA nON The Consultant Design Team shall attend City requested job site meetings based upon 6 month construction period, and will attend 13 bi-weekly meetings to generally review and evaluatc the construction schedule, monitor performance, review quality control standards, and provide assistance for any clarification or revision to the contract for construction. Shop drawings and related submittals shall be reviewed and returned to the consultant for appropriate action. The Contractor's requests for information, proposal requests, and related communications shall be attended to on a regular basis. Upon completion of the Construction Phase the Consultant shall organize and conduct a final walk-through and review. A final punch list for all required corrections and remaining work shall be prepared. 07-047 Temecula - Rcdhawk Park Sites \1/07/07 4 During the Construction Phase of the project, the following services shall be furnished: Pre-construction Conference A pre-construction conference shall be organized and conducted to brief all parties concerned with general and special requirements of the contract for construction. Procedural matters, routing of information, and project representatives shall be defined. Attendees shall include representatives from the City's staff, the Consultant, the Contractor, and all major subcontractors. Job Site Meetings City requested job site meetings shall be scheduled and conducted by the City for the same day and time through the duration of the project. Scheduling, coordination, requests for information, and changes to the contract for construction are routinely monitored. The Contractor shall publish and distribute a field report for each job site meeting, documenting the progress of construction, and specifically noting current and delinquent action items. Submittal and Shop Drawing Review The Consultant shall review all required shop drawings and related submittals as required by the contract documents. Project Close-Out At the completion of the Construction Phase a final job site meeting and review of the entire facility shall be conducted. A final punch list will be published and distributed by the Consultant to all patiies concerned, specifically noting required corrections, non-conforming work, and work remaining to be completed. A second walk-through shall be conducted when all punch list items have been corrected, at which time a Final Notice of Completion shall be filed by the City. Revise digital construction drawing files per the redline 'as-built' drawings as prepared by the Contractor. Record drawing mylars will be provided to the City. 07-047 Tcmccula - Rcdhawk Park Sites t 1/07/07 5 EXHIBIT "B" FEE SUMMARY 1.0 FEE SCHEDULE It is the objective of our Design Team to provide the most comprehensive, yet efficient approach to the development of the Redhawk Community Park and Sunset Park improvements. The following services will be performed with proposed fee amounts below. PRELIMINARY DESIGN AND CONSTRUCTlON DOCUMENTS TASK 1. PROJECT START-UP AND RECONNAISSANCE TASK 2. DESIGN DEVELOPMENT TASK 3. CONSTRUCTION DOCUMENTS TASK 4. BIDDING TASK 5. CONSTRUCTION OBSERVATION / ADMINISTRATION Total Preliminary Design and Construction Documents Optional Services-Custom Restroom Building J. Design Development Phase 2. Construction Document Phase to include architectural, structural, plumbing, mechanical design 3. Bidding Phase 4. Construction Administration Phase Total Custom Restroom Building Option Services $12,074.00 $22,000.00 $86,110.00 $ 4,000.00 $26,390.00 $150,574.00 $ 4,830.00 $35,995.00 $ 2,530.00 $ 7,130.00 $50,485.00 *Note; This fee summary represents our current understanding of the project scope and complexity for Redhawk Community Park and Sunset Park current budget and assumes all work will be done in one phase. We would welcome the opportunity to meet with you to discuss the project as well as our approach to the Scope of Work and revise as necessary to more accurately meet the needs of the City ofTemecula. 1.1 REIMBURSABLE EXPENSE (Allowance $14,000) All reimbursable costs including printing, reproduction, photo and delivery will be billed to the Client in addition to the basic fee at cost plus] 5%. 07-047 TcmccuJ(I- Redhawk Park Sites 11/01/07 6 When incurred, the following project expenses will be billed at cost plus 15% handling fee: . All consultant reproduction . Printing, plotting, copying, photography, graphic expenses, special delivery and handling of documents, shipping, special rendered exhibits and printed reports. . Permits, plan check, and inspection fees Note: Does not include printing of construction documents for bidding purposes. 1.2 ADDITIONAL SERVICES The following items shall not be a part of the fee identified in the payment section above, but shall be reimbursable to RJM Design Gronp. A. Additional meetings and site visits beyond those identified in the Scope of Work and as authorized by the City of Temecula. B. Work beyond the designated sites. C. Any requested scope of work changes to the drawings as a result of agency review shall be provided per the standard hourly fee schedule. D. Changes to site plan after authorization to proceed with construction documents and RJM Design Group having begun work, shall be in accordance with the standard hourly fee schedule. E. RJM Design Group shall provide the necessary plan check revisions requested by the City of Temecula for code compliance, or compliance to the approved Master Plan for two plan check submittals. All subsequent changes beyond these rcquil'cments shall be done in accordance with the attached Standard Hourly Fee Schedule. 1.3 WORK NOT INCLUDED A. Agency processing and plan check fees B. Renderings, Models and Special Exhibits C. As-built Drawings of Existing Conditions. The City shall pl'ovide As-built drawings showing existing utilitics and their locations. (Potholing for field verification of undel'ground utilities is not included). D. Should the services of a geologist, 01' soils engineer be required, the City shall select, retain, or engage such consultant directly. E. Site lighting, street lighting and off site utility improvements. 07-047 Temecula - Rcdhawk Park Sites 11/07/07 7 F. Construction survey and certifications. G. Legal descriptions I exhibits, AL TA Survey, and/or additional boundary survey. H. Onsite Hydrology Study. Excludes off site storm drain plans, evaluation for storage / retention, upsizing of existing facilities, or special permits / processing. l. Additional mitigation including additional storm drain facilities / onsite detention resulting from Regional Water Quality Control Board requirements and/or the SUSMP. 1.4 STANDARD HOURLY FEE SCHEDULE A. The Client agrees to pay Consultant as compensation for all authorized work included in the Scope of Services heretofore stated, at the hourly rates below. R.IM DESIGN GROUP PRINCIPAL LANDSCAPE ARCHITECT ASSOCIATE LANDSCAPE ARCHITECT PROJECT LANDSCAPE ARCHITECT CADD TECHNICIAN/LANDSCAPE DESIGNER DRAFTSPERSON WORD PROCESSING $140.- $165. per hour $120.- $135. per hour $100.- $115. per hour $ 80. -$ 95. per hour $ 65.- $ 75. per hour $ 60. per hour MCE CONSULT ANTS PRINCIPAL PROJECT MANAGER PROJECT ENGINEER PROJECT SURVEYOR DESIGN ENGINEER COMPUTER DRAFTSPERSON PROJECT ASSISTANT 3-MAN SURVEY CREW 2-MAN SURVEY CREW EXPERT WITNESS (TRIAL AND DEPOSITION) $184. per hour $138. per hour $\ IS. per hour $138. per hour $104. per hour $81. per hour $58. per hour $300. per hour $242. per hour $288. per hour JAMES MICKARTZ ARCHITECT PRINCIPAL ARCHITECT ASSOCIATE ARCHITECT $125. per hour $105. per hour 9LP ENGINEERING PRINCIP ALlYl CE PRESIDENT ASSOCIATE PROJECT MANAGER DESIGNER $173. per hour $144. per hour $127. per hour $ 98. per hour 07-047 Tcmecula - Rcdhawk Park Sites 11/07107 8 A. Billings for all time and materials and contract extension work shall be in accordance with the level of work performed and will be broken into the categories listed above. B. Consultant shall be compensated for work completed on a monthly basis. Invoices shall be paid based on the hours of work completed each month. 07-047 Tcmccula - Rcdhawk P,3tk Sites 11/07/07 9 I ! I I \i. ITEM NO. 23 Approvals City Attorney Director of Finance City Manager f/1ar M1 0Cl, TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: William G. Hughes, Director of Public Works DATE: December 11,2007 SUBJECT: Mitigated Negative Declaration for Ronald Reagan Desilting Basin Project (PW05-13) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP William Becerra, Assistant Engineer RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE RONALD REAGAN SPORTS PARK DESIL TING BASIN PROJECT (PW05- 13) AND APPROVING THE PROJECT BACKGROUND: The Ronald Reagan Sports Park Desilting Basin Project will dredge and clear two desilting ponds that will assist with providing adequate storage for runoff water and silt adjacent to the Community Recreation Center, located along the westerly side of the park. The area of work includes: a pond that was dredged and graded approximately six years ago and a pond that contains sensitive habitat near the outfall. FEMA has agreed to a reimbursement amount of $205,000.00 with the balance of any additional expenditures potentially eligible for reimbursement upon project completion. Staff contracted with Bonterra Consulting to complete an Initial Study (IS), which included biological resource technical reports. The IS identified no impact (or less than significant impacts) for the following environmental areas of concern: aesthetics, agricultural resources, cultural resources, geology, & soils, hazardous materials, hydrology & water quality, land use & planning, mineral resources, noise, population & housing, public services, recreation, and utilities & service systems. However, the IS found that the project has the potential to have significant air quality, biological resources, and traffic & transportation impacts unless the recommended mitigation measures described in the IS are implemented into the project. A copy of the Initial Study is included in Attachment NO.2. To mitigate the possible impacts to a level of insignificance, a number of mitigation measures have been identified. According to CEQA Guidelines, a mitigated negative declaration (MND) for the project is required. Staff recommends that the Board of Directors adopt a MND for this project. A list of the proposed mitigation measures are depicted in Attachment NO.3 as well as the Monitoring Mitigation and Reporting Program in Attachment NO.4. The Notice of AvailabilitylNotice of Intent to Adopt a Negative Declaration and IS document were distributed for public review on October 17 - November 15, 2007. To date, three correspondence letters were received with our response to these letters depicted in Attachment NO.5. Any subsequent public comments will be provided to the Board during staff's presentation of this item. Upon review of the project by various Environmental Regulatory Agencies, a mitigation ratio and cost will be determined. Staff will then return to the Board of Directors with a recommendation that the City pay an in-lieu mitigation fee to the Mission Resource Conservation District for impacts of the RiparianlRiverine resources. The funds provided will be used to eradicate invasive species and to restore native habitat within the Santa Margarita and San Luis Rey Watersheds. FISCAL IMPACT: This project is in the City's Capital Improvement Program, Fiscal Years 2007-2011 and is eligible to be funded with FEMA funds on a reimbursement bases. Funds will be advanced from TCSD - Citywide Fund until such time as the City receives reimbursement from FEMA. Mitigation costs for impacted areas are not yet known. ATTACHMENTS: 1. Proposed Resolution 07 CSD-_ 2. Initial Study 3. Mitigation and Minimization Measures 4. Mitigation Monitoring and Reporting Program 5. Response to Public Comment 6. Location Map RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE RONALD REAGAN SPORTS PARK DE SILTING BASIN PROJECT (PW05-13) AND APPROVING THE PROJECT THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT HEREBY RESOLVES AS FOLLOWS: 1. The Board of Directors hereby finds, determines and declares that: A. The Ronald Reagan Sports Park Desilting Basin Project (PW05-13) generally consists ofthe dredging and clearing oftwo desilting ponds that will assist with adequate storage for runoff water and silt adjacent to the Community Recreation Center, located along the western side of the Ronald Reagan Sports Park as more specifically described in the Initial Study for the proj ect ("Proj ect"). B. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study ofthe potential environmental effects ofthe approval ofthe Project. Based upon the findings contained in that Initial 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. C. Thereafter, City staff provided public notice ofthe public comment period and ofthe intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on October 16, 2007 and expired on November 15, 2007. Copies ofthe documents have been available for public review and inspection at the City Clerks' office, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. D. Two written comments were received prior to the December 11, 2007 public meeting on the Project and a response to all ofthe comments made therein was prepared, submitted to the Board of Directors and incorporated into the administrative record of the proceedings. A third letter was received from the State Clearinghouse and Planning Unit of the Governor's Office of Planning and Research documenting the City's circulation of the proposed Mitigated Negative Declaration to various State agencies for review as required by CEQA. E. The Board of Directors has reviewed the Initial Study, Mitigated Negative Declaration, the Mitigation Monitoring and Reporting Program, Mitigation and Minimization Measures as required by the Riverside County Multiple Species Habitat Conservation Plan, all documents in the administrative record, and all comments received regarding these documents prior to and at the December 11, 2007 public meeting on the Project. F. Based upon the whole record before it, the Board of Directors finds that: (1) the Mitigated 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 that cannot be adequately and feasibly mitigated; and (3) the Negative Declaration reflects the independent judgment and analysis of the Board of Directors. 2. Based on the findings set forth in this Resolution, the Board of Directors hereby adopts the Mitigated Negative Declaration prepared for the Project. The Director of Public Works is authorized and directed to file a Notice of Determination in accordance with CEQA. 3. The Board of Directors hereby approves the Project for the Ronald Reagan Sports Park Desilting Basin Project (PWOS-13) and authorizes the Director of Public Works to proceed with the preparation of Plans and Specifications for this Proj ect. 4. The City Clerk shall certify to the adoption ofthis Resolution. 2 RONALD REAGAN SPORTS PARK DESILTATION BASIN LONG-TERM MAINTENANCE PROJECT INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Prepared for: City of Ternecula 43200 Business Park Drive Ternecula, California 92589 Contact: Wiliiarn Becerra Assistant Engineer (951) 694-6411 Prepared by: BonTerra Consulting 151 Kalrnus Drive, Suite E-200 Costa Mesa, California 92626 Contact: Arnber Oneal Project Manager/Ecologist (714) 444-9199 October 9, 2007 Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project TABLE OF CONTENTS Section Paqe Section 1.0 Introduction ......................................................................................................1-1 1.1 Purpose of the Initial Study.....................................................................1-1 1.2 Summary of Findings.............................................................................. 1-1 1.3 Project Approval .....................................................................................1-1 1.4 Organization of the Initial Study.............................................................. 1-2 Section 2.0 Project Location and Environmental Setting.................................................2-1 2.1 Project Location ......................................................................................2-1 2.2 Environmental Setting............................................................................ .2-1 Section 3.0 Project Description ..........................................................................................3-1 3.1 Physical Characteristics..........................................................................3-1 3.2 Previous Silt Removal.............................................................................3-1 3.3 Final Design and Maintenance Activities ................................................3-1 3.4 Discretionary Approvals........................................................................ ..3-1 3.5 Other Public Agencies Whose Approval May Be Required ....................3-2 Section 4.0 Environmental Checklist FormlEnvironmental Analysis, Mitigated Negative Decl aratio n ....................................................................................................... .4-1 4.1.1 Environmental Checklist .............................................................4-1 4.1.2 Sources.....................................................................................4-39 4.2 Agency Determination ..........................................................................4-40 Section 5.0 Document Preparers and Contributors ..........................................................5-1 Section 6.0 References ........................................................................................................6-1 TABLES Table Page 3-1 3.3-1 3.3-2 Summary of Potential Permits and Approvals................................................................3-2 Peak Daily Construction Emissions Summary (Pounds Per Day)..................................4-7 Post-Mitigation Peak Daily Construction Emissions Summary (Pounds Per Day).........4-7 R\f'rojects\Temecul\JJ04\IS-100807.doc Introduction Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project EXHIBITS Exhibit Follows Paqe 1 Regional Location ..........................................................................................................2-1 2 Local Vicinity ..................................................................................................................2-1 3 Project Site.................................................................................................................... .2-1 4 Biological Resources..................................................................................................... .2-1 5 Special Status Species Locations ................................................................................4-10 APPENDICES A Air Quality Modeling and Localized Significance Threshold (LST) Analysis B Biological Resources Technical Reports: . Habitat Assessment (January 29, 2007) . Least Bell's Vireo Focused Survey Report (September 4, 2007) R\f'rojects\Temecul\JJ04\IS-100807.doc iii Introduction Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project SECTION 1.0 INTRODUCTION 1.1 PURPOSE OF THE INITIAL STUDY The purpose of this Initial Study (IS) is to describe the proposed Ronald Reagan Sports Park Desiltation Basin project located within the City of Temecula, and to provide an evaluation of potential environmental effects associated with the project's construction and operation. The IS has been prepared pursuant to the California Environmental Quality Act (CEQA), as amended (Public Resources Code 321000 et seq.), and in accordance with the State CEQA Guidelines (California Code of Regulations 315000 et seq.). Pursuant to 315367 of the State CEQA Guidelines, the City of Temecula is the lead agency for the project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project that may have a significant effect upon the environment. The City of Temecula, as lead agency, has the authority for project approval and certification of the accompanying environmental documentation. 1.2 SUMMARY OF FINDINGS Based on the environmental checklist form prepared for the project and supporting environmental analysis (provided in Section 4), the proposed desiltation project would have no impact or less than significant impacts for the following environmental topics: aesthetics; agriculture resources; cultural resources; geology and soils; hazards and hazardous materials; hydrology and water quality; land use and planning; mineral resources; noise; population and housing; public services; recreation; and utilities and service systems. The proposed project has the potential to have significant air quality, biological resources, and transportationltraffic impacts unless the recommended mitigation measures described herein are incorporated into the project. The project site is currently developed as a desiltation basin located adjacent to the Ronald Reagan Sports Park (previously known as the Rancho California Sports Park). The project site is adjacent to residential and recreational land uses and open space. The desiltation basin was previously dredged in 2000 to restore it to its original design capacity, and the proposed project would dredge the basin again to restore its design capacity. The City also intends to perform this routine maintenance activity on an "as-needed" basis in the future. Because the project site was previously disturbed during construction of the desiltation basin and during the previous dredging, physical impacts related to project implementation would be limited to desiltation of the basin and use of the adjacent area as a temporary spreading ground. According to the CEQA Guidelines, it is appropriate to prepare a mitigated negative declaration (MND) for the proposed project because, after incorporation of the recommended mitigation measures, potentially significant environmental impacts would be eliminated or reduced to a level considered less than significant. 1.3 PROJECT APPROVAL This IS and proposed MND (IS/MND) have been submitted to the potentially affected agencies and individuals for review. Notices of the availability of the IS/MND for review and comment have been posted at the City of Temecula, and in the Californian newspaper. A 30-day public review period has been established for the ISI MND in accordance with 315073 of the CEQA Guidelines. In reviewing the IS/MND, affected public agencies and the interested R\f'rojects\Temecul\JJ04\IS-100807.doc 1-1 Introduction Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project public should focus on the adequacy of the document in identifying and analyzing the potential impacts on the environment and ways in which the potentially significant effects of the Project are to be avoided or mitigated. Comments on the IS/MND and analysis contained herein may be sent to the following no later than November 17, 2007: Mr. Will Becerra Assistant Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Following receipt and evaluation of comments from agencies, organizations andlor individuals, the City of Temecula will determine whether any substantial new environmental issues have been raised. If so, further documentation, such as an environmental impact report (EIR) or an expanded IS, may be required. If not, the project and the environmental documentation is tentatively scheduled to be submitted to the Temecula City Council for consideration at its December 2007 meeting. 1.4 ORGANIZATION OF THE INITIAL STUDY The IS is organized into the following sections . Section 1 - Introduction. This section provides an overview of the conclusions of the IS/MND. . Section 2 - Project Location and Environmental Setting. This section provides a brief description of the project location and describes the existing environmental setting of the project site and vicinity. . Section 3 - Project Description. This section provides a description of the proposed project and necessary discretionary approvals. . Section 4 - Environmental Checklist Form, Evaluation, and Mitigated Negative Declaration. The completed environmental checklist form provides an overview of the potential impacts that mayor may not result from project implementation and an analysis of environmental impacts identified in the environmental checklist. It also identifies standard conditions of approval and regulations (SC) and mitigation measures (MM) that have been recommended to eliminate any potentially significant effects or reduce them to a level that is considered less than significant. This section also includes "mandatory findings of significance" required by CEQA. . Section 5 - Report Preparers. This section lists the authors, including staff from the City of Temecula, who assisted in preparation and review of the IS/MND. . Section 6 - References. This section identifies the references used in preparation of the IS. R\f'rojects\Temecul\JJ04\IS-100807.doc 1-2 Introduction Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project SECTION 2.0 PROJECT LOCATION AND ENVIRONMENTAL SETTING 2.1 PROJECT LOCATION The proposed project is located entirely within the City of Temecula in Riverside County, California (see Exhibit 1, Regional Location). The survey area is located at 30875 Rancho Vista Road, west of the intersection of Rancho Vista Road and Margarita Road (see Exhibit 2, Local Vicinity). The desiltation basin is located adjacent to the northwestern corner of the Ronald Reagan Sports Park complex (see Exhibit 3, Project Site). 2.2 ENVIRONMENTAL SETTING The project site is situated within an area that is generally developed with residential land uses to the north and west. Undeveloped land is located to the south, and recreational land uses are located to the east. Temecula Valley High School is located east of the intersection of Rancho Vista Road and Margarita Road, approximately 575 feet east of the project site. The desiltation basin is immediately adjacent to and south of Rancho Vista Road and west of the parking lot for the Ronald Reagan Sports Park. Access to the basin is via a dirt road at the western end of the basin, east of Mira Loma Drive. The approximately 6.5-acre desiltation basin has a capacity to collect approximately 118,900 cubic yards (cy) from its baseline elevation of 1,108 feet above mean sea level (msl) to its 100-Year Flood Elevation of 1,125 feet above msl. Currently, it is estimated that 3 feet of material would be removed throughout the basin-totaling approximately 27,000 cy of material-to restore the basin to its design capacity and function. An unnamed natural drainage is tributary to the desiltation basin from the east. Surface runoff also enters the desiltation basin from the north, carrying silt and debris from the residential development across Rancho Vista Road. After passing through the desiltation basin, water drains out a culvert that passes under the dirt access road to the west. The open water downstream of the project site generally follows the curve of Mira Loma Drive and terminates at Rancho Vista Road; the drainage continues across Rancho Vista Road. The drainage is considered an unnamed tributary to Murrieta Creek; however, there're is a portion of the stream that is underground near the 1-15 (from Rancho California Road to Ynez Road) so there is no continuous aboveground connection to Murrieta Creek. Topography on the project site consists of generally level terrain with a small hill south of the desiltation basin. Elevations on the project site range from approximately 1,115 to 1,160 feet above msl. Soils on the project site are composed of Greenfield sandy loam, Hanford coarse sandy loam, riverwash, and rough broken land. The survey area is located on the U.S. Geological Survey (USGS) Temecula 7.5-minute topographic quadrangle, at Township 8 South, Range 2 West, Section 6 and 7 (Exhibit 2). The existing vegetation within the desiltation basin is primarily riparian forest surrounding open water (Exhibit 4, Biological Resources). The small hill to the south of the basin is vegetated with grassland and coastal sage scrub vegetation types. Areas adjacent to existing development consist of ornamental and ruderal vegetation types. The project site is located within the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) in the Southwest Area Plan subarea (Dudek 2003). The project site is not located within an MSHCP Cell Criteria area; however, an assessment for burrowing owl (Athene cunicularia) and RiparianlRiverine resources is required. 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'-' ~ -' " .// , j;, ,:.,,-. :--":VI " .,~:L:.-~^~;::,:.. ;'. ~;;~-"1QOS-~f'~ -.-- --::~ _ ,g.;-~-.:'-.-:;-.'~ource:'.uSG~-7.5:Minute.Digita~Q~~~~~n-g"i~; ... .....-...,_ .. 101 . -~t/lIt,t:.t".,Ud........'. __--.J ._-:_~~ Local Vicinity Ronald Reagan Sports Park N w-<r E s Exhibit 2 2,000 1,000 o 2,000 Feet .J!$e>/2lerr~ CONSULTING R:/ProjectslTemecul/JOO4/Graphics/Ex2 Iv 071607.pdf Project Site Ronald Reagan Sports Park N w-<r E s 300 150 o 300 Feet .J!$e>/2lerr~ CONSULTING I/JOO4/Graphics/Ex3_PS_ 071607 .pdf R:lProjectsfTemecu D Impact Area D Southern Willow Scrub ;-_ ~ Survey Area D Native Grassland Vegetation Types D Ornamental . Coastal Sage Scrub D Ruderal D Open Water D Developed . Riparian Forest Biolog ical Resou rces Ronald Reagan Sports Park Silt Removal Project N W~E 200 100 o 200 . Feet Exhibit 4 ,eell7er~~ CONSULTING R:/Projects/T e mecul/J004/Graph ics/Ex4 _ br _083007 .pdf Ronald Reagan Sports Park Desiltation Basin Long-Term Maintenance Project SECTION 3.0 PROJECT DESCRIPTION 3.1 PHYSICAL CHARACTERISTICS The proposed project would involve draining the desiltation basin and removing sediment and debris to restore the desiltation basin to its original design capacity and to ensure that it would fulfill its function of sediment collection and flood control. It is estimated that approximately 27,000 cy of silt will need to be removed from the basin to restore it to its baseline elevation of 1,108 feet above msl. Some of the riparian vegetation in the basin would be temporarily cleared to allow for routine sediment and debris removal. Sediment removal is expected to take approximately one week. Following the maintenance activity, the basin would be allowed to naturally revegetate. Silt and debris removed from within the basin would be spread in the ruderal area adjacent to Rancho Vista Road and would be allowed to dry over an approximately four-week period. Once the excavated materials are dry enough to transport, the silt would be taken to an off-site disposal facility. Hauling and disposing of the sediment is expected to take approximately one week. 3.2 PREVIOUS SILT REMOVAL The City of Temecula previously removed silt from the desiltation basin in 2000. The U.S. Army Corps of Engineers (USACE) and California Department of Fish and Game (CDFG) permits issued for the previous project authorized removal of approximately 33,000 cy of sediment from the desiltation basin in annual increments of 6,000 to 7,000 cy along the northern, southern, and eastern shoreline. Although authorized to remove silt from two areas containing riparian habitat, the City only removed habitat from one area, which was approximately one acre in size. As mitigation, the City provided a one-time payment of $10,000 to the Santa Margarita Arundo Control Fund In-Lieu Mitigation Program in October 2000. 3.3 FINAL DESIGN AND MAINTENANCE ACTIVITIES The final design phase of the proposed project would be completed by summerlfall 2007. Silt removal is planned to begin in falllwinter 2007 and would be completed within six weeks. All maintenance activities would occur within the existing desiltation basin and adjacent access road. Upon completion of these maintenance activities, the City intends to perform on-going long-term routine maintenance of this facility on an "as-needed" basis. 3.4 DISCRETIONARY APPROVALS This IS and proposed MND is intended to serve as the primary environmental document for all actions associated with the proposed project, including all discretionary approvals requested or required to implement the project. In addition, this is the primary reference document for the formulation and implementation of a Mitigation Monitoring Program for the proposed project. R\f'rojects\Temecul\JJ04\IS-100807.doc 3-1 Project Description Ronald Reagan Sports Park Desiltation Basin Long-Term Maintenance Project 3.5 OTHER PUBLIC AGENCIES WHOSE APPROVAL MAY BE REQUIRED Table 3-1 below lists agencies with potential permit or approval authority over the proposed project. TABLE 3-1 SUMMARY OF POTENTIAL PERMITS AND APPROVALS Agency/Party Perm it or Approval USACE/U.S. Fish and Wildlife Service (USFWS) Nationwide Permit 31 pursuant to Section 404 of the Clean Water Act CDFG Streambed Alteration Agreement pursuant to Section 1601 of the California Fish and Game Code Determination of Biologically Equivalent or Superior Riverside Conservation Authority Preservation pursuant to Section 6.1.2 of the Western Riverside MSHCP State Water Resources Control Board National Pollutant Discharge Elimination System (NPDES) Construction Storm Water Program R\f'rojects\Temecul\JJ04\IS-100807.doc 3-2 Project Description Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project SECTION 4.0 ENVIRONMENTAL CHECKLIST FORMIENVIRONMENTAL ANAL YSIS, MITIGATED NEGATIVE DECLARATION City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 4.1.1 ENVIRONMENTAL CHECKLIST Project Title Ronald Reagan Sports Park Desiltation Project Long-term Maintenance Project Lead Agency Name and Address City of Temecula PO Box 9033 Temecula, CA 92589-9033 Contact Person and Phone Number William Becerra (951) 694-6411 Project Location The proposed project is located east of Interstate-15, and south of Rancho California Road in the City of Temecula (Exhibit 1). The project site is located in the western portion of Ronald Reagan Sports Park, west of the intersection of Rancho Vista Road and Margarita Road (Exhibit 3). The project impact area would occur within the existing desiltation basin. Project Sponsor's Name and City of Temecula, Department of Public Works Address PO Box 9033 Temecula, CA 92589-9033 General Plan Designation Open Space (OS) Zoning Public Park and Recreation (PR) Description of Project Ongoing long-term routine maintenance of an existing sediment basin. The basin would be drained and sediment would be removed to restore the capacity of the basin to its original design elevation. The removed sediment would be spread in an adjacent disturbed area to dry, then hauled off site to an appropriate landfill. Willow riparian vegetation would be temporarily removed to accommodate the silt removal; a strip of willows (25 feet or greater) would be left around the edges of the basin to provide a visual buffer. Riparian vegetation would be allowed to revegetate between maintenance activities. Surrounding Land Uses and Setting The desiltation basin is at the western end of the Ronald Reagan Sports Park, with the parking lot and buildings for the complex to the east of the basin. Low to medium-density residential uses are adjacent to the north and west. Open space is located south of the desiltation basin within the park. Other public agencies whose Permits will be required from the U.S. Army Corps of Engineers, approval is required California Department of Fish and Game, and State Water Resources Control Board. In addition, approval is needed from the Riverside Conservation Authority (RCA). R\f'rojects\Temecul\JJ04\IS-100807.doc 4-1 Environmental Checklist Form Environmental Factors Potentially Affected Ronald Reagan Sports Park Desiftation Basin Long- Term Maintenance Project The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. I I IX IX I ~ I I Aesthetics Agriculture Resources Air Quality Bioloqical Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planninq Mineral Resources Noise Population and Housing Public Services Recreation X TransportationlTraffic I Utilities and Service Systems I Mandatory Findings of Significance I None (To be completed by the lead agency) R:\Projects\ T emecuIIJ004\IS-1 00807.doc I I find that the proposed project COULD NOT have a significant effect on the I environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an I ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impacf' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are .;;posed upon 1;,;osed proiect, nothinq further is requ;:;. to. 0+ Signat~ Date ~'e U&~~~ For Determination On the basis of this initial evaluation: 4-2 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 1. AESTHETICS - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Infonnation Sources Impact Mitigation Impact Impact Incorporated a. Have a substantial adverse effect on a scenic X vista? b. Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Substantially degrade the existing visual X character or quality of the site and its surroundings? d. Create a new source of substantial light or glare X which would adversely affect day or nighttime views in the area? Comments: 1.a. Based on a review of the California State Department of Transportation's California Scenic Highway System, the proposed project would not impact an officially designated California Scenic Highway (Caltrans 1999). The nearest scenic highway, Interstate-15 (1-15), is approximately one mile from the project site; there are no scenic views from the highway that would be impacted by the proposed project. Therefore, there would be no impact on scenic vistas. 1.b. There are no rocky outcroppings, historic buildings, or scenic highways in the immediate vicinity of the project site; therefore, there would be no impact on these scenic resources. Although some of the existing trees would be removed, a strip of trees at least 25 feet wide would be left to create a visual buffer. The view of the sediment basin would be essentially the same following implementation of the proposed project. Also, the willows would be allowed to revegetate between maintenance cycles. The 1-15 is designated as a California Scenic Highway between State Route 76 (SR-76) near the San Luis Rey River to State Route 91 (SR-91) near Corona; however, this portion of the highway is located approximately one mile from the project site. Therefore, the impact on scenic resources would be considered less than significant. 1.c. See 1b. 1.d. Due to the temporary nature of the project and the fact that maintenance activities would be limited to daylight hours, the proposed project would not create any new sources of light or glare. Therefore, there would be no impact as a result of light andlor glare. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-3 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 2. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Infonnation Sources Impact Mitigation Impact Impact Incorporated a. Convert Prime Farmland, Unique Farmland, or X Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b. Conflict with existing zoning for agricultural use, X or a Williamson Act contract? c. Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: 2.a. The proposed project would occur within the existing desilting basin. The project site is not designated as "Prime" or "Unique" farmlands or farmlands of "Statewide Importance" as defined by the Department of Conservation's Farmland Mapping and Monitoring Program (2002), and is not located within or in the vicinity of existing agriculture operations. Therefore, the proposed project would not result in the conversion of Farmland to non- agricultural use. Therefore, there would be no impact on farmland. 2.b. No part of the project site or adjacent areas is subject to the Williamson Act; therefore, there would be no impact. 2.c. See 2a. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-4 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 3. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Infonnation Sources Impact Mitigation Impact Impact Incorporated a. Conflict with or obstruct implementation of the X applicable air quality plan? b. Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? c. Result in a cumulatively considerable net X increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial X pollutant concentrations? e. Create objectionable odors affecting a X substantial number of people? The proposed project is located in the South Coast Air Basin (SCAB) and is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD) and the California Air Resources Board (CARB). Other important agencies in the air quality management for the basin include the U.S. Environmental Protection Agency (EPA) and the Southern California Association of Governments (SCAG). The EPA implements the provisions of the Federal Clean Air Act (CAA). SCAQMD and SCAG, in coordination with local governments and the private sector, have developed the Air Quality Management Plan (AQMP) for the air basin. The AQMP is the most important air management document for the basin because it provides the blueprint for meeting state and federal ambient air quality standards. Comments: 3.a. The South Coast AQMP is the air quality plan applicable to the proposed project. A proposed project is considered to be consistent with the plan if it furthers one or more policies and does not obstruct implementation of other policies. The plan identifies two key indicators of consistency: (1) Whether the project will result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP (except as provided for carbon monoxide [CO] in Section 9.4 for relocating CO hot spots). R\f'rojects\Temecul\JJ04\IS-100807.doc 4-5 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project (2) Whether the project will exceed the assumptions in the AQMP in 2010 or increments based on the year of project buildout and phase. The proposed project is short-term and temporary in nature and would not result in permanent or long-term emissions. Additionally, project emissions would result in a negligible temporary contribution to basin-wide emissions. The proposed project would not be expected to contribute to the violation of any air pollutant concentration standards. SCAG and the SCAQMD jointly prepare the South Coast AQMP. Through this partnership, SCAG provides housing and population growth projections, and SCAQMD estimates regional emissions based on the growth forecasts provided by SCAG. The proposed project would not be expected to induce development or population growth. Therefore, the emissions from the project would be consistent with the AQMP assumptions. 3.b. Under federal law, the SCAB has been designated by the EPA as a nonattainment area for ozone and suspended particulates. Each of these pollutants impact the health of the Basin population through short-term acute exposure and long term chronic impacts. The SCAB has met the federal nitrogen dioxide standards for the third year in a row and is therefore qualified for redesignation to attainment. The SCAQMD has divided the SCAB into 38 air-monitoring areas with a designated ambient air monitoring station representative of each area. The project site is located in sub-area 26 (Temecula Valley) represented by air quality data measured at the Lake Elsinore Monitoring Station, which is located at 506 W. Flint Street, in the City of Lake Elsinore. Carbon Monoxide (CO), Nitrous Oxide (N02), Ozone (03) and particulate matter (PM10) conditions measured at the Lake Elsinore Station would be considered representative of the project site. The monitoring data show that the County of Riverside is most greatly impacted by 03. PM10 is the second major contributing pollutant to air quality in the County of Riverside. CO is considered a third pollutant of concern but to a much lesser extent having not exceeded the national standard since 1990. Air quality impacts are usually divided into short-term construction and long-term operational impacts. As discussed in the project description, the proposed project involves the excavation and disposal of sediment from stormwater basins located adjacent to the Ronald Reagan Sports Park. The project would not result in long-term operational impacts. Short-term impacts would result from vegetation clearing activities, excavation/grading, and loading/hauling of spoil material due to fugitive dust and equipment emissions from internal combustion engines. The project will be completed in three phases: (1) vegetation removal; (2) sediment excavation; and (3) sediment disposal. Phase 1 would involve the clearing and grubbing of vegetation. Phase 2 would involve excavation of sediment from the basin, and spreading of sediment on the adjacent parcel. Phase 1 is expected to last approximately 2 days. Phase 2 would be expected to last approximately 5 days. Sediment would be allowed to dry on the adjacent parcel for approximately 4 weeks. Phase 3 would involve the placement of dried sediment in haul trucks and disposal at an approved landfill. The SCAQMD adopted the CEQA Air Quality Handbook in 1993 to guide public agencies when preparing an air quality analysis for CEQA analyses. More recently, as part of the SCAQMD's environmental justice program, attention has focused on localized effects of air quality. The Localized Significance Threshold (LST) methodology was provided to determine local thresholds that would represent the maximum emissions from a project that will not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area. Due to the presence of R\f'rojects\Temecul\JJ04\IS-100807.doc 4-6 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project sensitive receptors in the project vicinity (residences located approximately 100 feet to the north and west), a quantitative emissions modeling and Localized Significance Threshold Analysis (LST) was prepared and is included in Appendix A in support of this section. The findings of the modeling effort are summarized in Table 3.3-1. Anticipated emissions following incorporation of mitigation are provided in Table 3.3-2. TABLE 3.3-1 PEAK DAILY CONSTRUCTION EMISSIONS SUMMARY (POUNDS PER DAY) Project Phases' CO NOx SOx PM" ROG PM,., Site Preparation (Vegetation Clearing) 14.0 45.9 0.0 6.0 4.0 2.6 Grading and Excavation 23.6 50.2 0.1 41.3 5.0 10.3 Silt Disposal 24.5 58.8 0.1 41.8 5.6 12.9 Max Daily Construction Emissions 36.8 989 0.1 43.7 5.6 12.9 SCAQMD Significance Threshold 550 100 150 150 75 150 SCAQMD Localized Significance Threshold 574 1,991 N/A 13 N/A 8 Significant? NO NO YES YES NO YES Prior to mitigation, particulate emissions would be expected to exceed the SCAQMD localized significance threshold during the grading and excavation, and silt disposal phases of the project. However, with the implementation of Standard Condition of Approval 3.3-1 and Mitigation Measure 3.3-1 identified below, project impacts would be reduced to a level considered less than significant. TABLE 3.3-2 POST-MITIGATION PEAK DAILY CONSTRUCTION EMISSIONS SUMMARY (POUNDS PER DAY) Project Phases' CO NOx SOx PM" ROG PM,., Site Preparation (Vegetation Clearing) 14.0 459 0.0 6.0 4.0 2.6 Grading and Excavation 23.6 50.2 0.1 12.0 5.0 4.1 Silt Disposal 24.5 58.8 0.1 12.7 5.6 49 Max Daily Construction Emissions 24.5 58.8 0.1 12.7 5.6 49 SCAQMD Significance Threshold 550 100 150 150 75 150 SCAQMD Localized Significance Threshold 574 1,991 N/A 13 N/A 8 Significant? NO NO NO NO NO NO The LST assumes 68 percent control of fugitive dust from watering and associated dust control measures required by SCAQMD's mandatory Rule 402 and 403, which would reduce air quality emissions from the amounts estimated in Table 3.3-1. Rule 403 governs fugitive dust emissions from construction projects. Rule 403 set forth a list of control measures that must be undertaken for all construction projects to ensure that no dust emissions from the project are visible beyond the property boundaries, as well as minimizing visible emissions of PM10. SCAQMD Rule 402, Nuisance, also would apply to this project. Most of the fugitive dust associated with construction is comprised of particles larger than 10 microns in diameter. While these larger particles settle out quickly and do not cause the health effects associated with the smaller sized particles (PM10 and PM2.5), they can damage plants and property sufficiently to qualify as a nuisance. Rule 402 prohibits visible dust emissions from extending beyond the project boundaries. To ensure R\f'rojects\Temecul\JJ04\IS-100807.doc 4-7 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project that construction does not adversely affect adjacent land uses, SCAQMD Rule 402 and Rule 403 would be implemented as described under SC 3.3-1 below. The results of the air quality modeling indicate that air emissions generated by the proposed project would not exceed the significance thresholds for any pollutants, with the incorporation of the mitigation program. Therefore, the proposed project's emissions would not increase the frequency or severity of existing SCAB air quality violations associated with mandated compliance with federal and state rules and regulations. 3.c. Emissions from construction of the proposed project would be temporary and not exceed SCAQMD thresholds following mitigation, as discussed above [Response 3.3.1 (b)]. The proposed project is temporary in nature and would not generate long-term emissions. Therefore, the proposed project would not incrementally contribute to a cumulatively considerable increase of any air quality criteria pollutant. 3.d. As discussed under 3.3.1 (b) the results of the air quality modeling indicate that air emissions generated by the proposed project would not exceed the significance thresholds for any pollutants, with the incorporation of the mitigation program. Therefore, the proposed project's emissions would not expose sensitive receptors to substantial pollutant concentrations. 3.e. The proposed project may create odors during construction, from diesel equipment operation and drying of sediments. Diesel equipment would result in temporary odor impacts from equipment exhaust fumes emitted by tractor loaders, graders, excavators, and haul trucks. However, odors generated by diesel equipment on the project site would be temporary in nature (a maximum of four weeks) and would not be expected to affect a substantial number of people. Drying of sediments may result in odors from decomposition of nutrients in the soil excavated from the basin. These odors would be temporary in nature (a maximum of four weeks), would subside as the sediment drying process progresses, and would not affect a substantial number of people. Therefore, impacts relative to odor generation from the proposed project would be considered adverse, but less than significant. MitiQation ProQram Standard Conditions of Approval SC 3.3-1 The City of Temecula will comply with the South Coast Air Quality Management District (SCAQMD regulations), including Rule 402, the Nuisance Rule, and Rule 403, Fugitive Dust. To ensure that the project is in full compliance with both dust regulations and that there is no significant nuisance impact generated on the project site, the City of Temecula (identify department or person) will be responsible for ensuring compliance with these regulations throughout project implementation. Mandatory measures set forth by these regulations include, but are not limited to, the following: . Sweep any dirt tracked from the project site onto public streets no less than once per day. . Particulate filters will be used on all diesel equipment. . Exposed surfaces will be watered a minimum of two times daily. If fugitive dust appears to be impacting adjacent residential land uses during times of high wind, additional watering will be conducted and/or grading activities will be halted. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-8 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project . All stockpiles of soil will be covered with tarps. . All trucks used to haul soil from the site will be covered with a tarp to reduce fugitive dust. MitiQation Measures MM 3.3-1 The City of Temecula Department of Public Works will ensure that stockpiled soil adjacent to Rancho Vista will be covered with tarps or erosion control blankets to ensure that no dust is allowed to escape from the project site boundary while sediments are allowed to dry (Phase 2). MM 3.3-2 The City of Temecula Department of Public Works will ensure that an environmental monitor is present during the sediment disposal phase (Phase 3) of the proposed project. The environmental monitor will ensure that no particulate matter is allowed to blow from the site into adjacent residential areas, particularly during deposition of sediments into haul trucks, and will have the authority to halt sediment disposal operations if this requirement is not being met. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-9 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 4. BIOLOGICAL RESOURCES - Would the project? Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Have a substantial adverse effect, either X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any X riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect of federally X protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any X native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances X protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted X Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: 4.a. The proposed project would impact willow riparian vegetation that provides habitat for the federally and state-listed Endangered least Bell's vireo (Vireo bellii pusi//us) and southwestern willow flycatcher (Empidonax Iraillii exlimus). Focused surveys were conducted in spring/summer 2007 and one least Bell's vireo territory was observed in the survey area (see Appendix A). An individual male least Bell's vireo was observed on one visit in the survey area in late April, and one pair of least Bell's vireo were observed in late June and into early July (Exhibit 5, Special Status Species Locations). No southwestern willow flycatchers were observed in the survey area. Therefore, the project site is R\f'rojects\Temecul\JJ04\IS-100807.doc 4-10 Environmental Checklist Form Special Status Species Locations Ronald Reagan Sports Park N w-<r E s /). Least Bell's Vireo o California Gnatcatcher (incidental observation) I' -- 1_ _ ~ Survey Area D ImpactArea .......... .. 300 150 o Exhibit 5 300 Feet .J!$e>/2lerr~ CONSULTING R :/ProjectsfT emecul/J004/Graphics/Ex5 _LBV _ CAGN_090407.pdf Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project considered occupied by the least Bell's vireo, but southwestern willow flycatcher is considered absent from the project site at this time. The proposed project would result in the removal of 3.40 acres of riparian forest and 0.04 acre of southern willow scrub. Vegetation removal will be conducted outside the breeding season (September 16-March 14) in order to avoid direct impacts on individuals and nests. This removal of occupied riparian habitat is considered potentially significant. According to the Western Riverside MSHCP, a Determination of Biologically Equivalent or Superior Preservation (DBESP) will be prepared for review by the Riverside Conservation Authority (RCA) , which consists of the federal and state resource agencies (i.e., USFWS and CDFG) and the County of Riverside. Implementation of Mitigation Measure 4-1 would reduce this impact to a less than significant level. A pair of costal California gnatcatchers (Po/iopti/a ca/ifornica ca/ifornica) was incidentally observed on the hill adjacent to the proposed project site; however, the coastal sage scrub vegetation occupied by this species would not be directly impacted by the proposed project. Indirect impacts on this species are covered by the Western Riverside MSHCP; indirect impacts are expected to be minimal since construction would occur during the non-breeding season. Therefore, no mitigation would be required for the gnatcatcher. Although potential habitat for the burrowing owl is present within the survey area, there is no suitable habitat for the burrowing owl within the impact area. Therefore, no additional surveys would be required for the burrowing owl. 4.b. As described in 4.a., the proposed project would impact 3.44 acres of riparian forest and southern willow scrub habitat. In addition, it would impact 1.88 acres of open water. This impact would be considered significant. Per the Western Riverside MSHCP, a DBESP will be prepared to address impacts on riparian resources and the least Bell's vireo. In addition, regulatory authorizations would be required by the USACE, CDFG, and the Regional Water Quality Control Board (RWQCB). Implementation of Mitigation Measure 4-1 would reduce this impact to a less than significant level. The proposed project would also temporarily impact 0.08 acre of native grassland vegetation. Although this vegetation type is considered special status, the limited extent of the impact would be considered less than significant. Therefore, no mitigation would be required. 4.c. As described in 4.b, the proposed project would impact 3.44 acres of riparian forest and southern willow scrub. In addition, it would impact 1.88 acres of open water. The entire impact area (5.32 acres) would be considered jurisdictional by the USACE, CDFG, and RWQCB. It should be noted that the City of Temecula has previously mitigated for impacts on 1.0 acre of this habitat during routine maintenance of a portion of the desiltation basin in 2000. Therefore, the proposed project would impact a total of 4.32 acres that has not been previously mitigated. This impact would be considered potentially significant. Implementation of Mitigation Measure 4-1 would reduce this impact to less than significant. 4.d. Although wildlife may move locally within the project site and areas immediately adjacent to it (e.g., to the open space south of Pauba Road), the park is generally located within an urban setting; therefore, only limited wildlife movement would be expected. The Western Riverside MSHCP has identified regionally significant wildlife movement corridors and wildlife linkages in the region. However, Western Riverside MSHCP has not identified the project site as an area that provides wildlife movement. Therefore, impacts on wildlife movement would be considered less than significant. 4.e. Trees within the riparian forest, southern willow scrub, and ornamental areas within the survey area have the potential to be used for nesting by raptors (i.e., hawks and falcons). California regulations prohibit activities that "take, possess or destroy" any raptor nest or R\f'rojects\Temecul\JJ04\IS-100807.doc 4-11 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project egg (CDFG Code 3503, 3503.5, and 3513). Therefore, if construction is initiated during the raptor nesting season (February 1 to June 30), project impacts on nesting raptors would be considered potentially significant. Implementation of Mitigation Measure 4-2 would reduce this impact to less than significant. The riparian forest that exists within the project area has the potential to support nesting birds. The Migratory Bird Treaty Act (MBTA) prohibits activities that would impact an active nest. Therefore, if construction is initiated during the peak nesting season (March 1 to June 30), project impacts on nesting birds would be considered potentially significant. Implementation of Mitigation Measure 4-3 would reduce this impact to less than significant. 4.f. The proposed project would impact Riparian/Riverine resources, as described in the Western Riverside MSHCP. For the proposed project, additional surveys were conducted in spring/summer 2007 for riparian birds, and the least Bell's vireo was found to occupy the project site. Impacts on Riparian/Riverine resources would be considered potentially significant and require the preparation of a DBESP. Implementation of Mitigation Measure 4-1 would reduce this impact to less than significant. There are no MSHCP Conservation Areas immediately adjacent to the survey area. Therefore, the proposed project would not result in any urban/wildlands interface issues (Section 6.1.4 of MSHCP). However, the proposed project should follow guidelines in Section 7.5.3 to minimize indirect impacts on adjacent habitat areas during construction. These guidelines are listed in Mitigation Measure 4-4. MitiQation ProQram Mitigation Measures MM 4-1 The City of Temecula will obtain all appropriate permits for impacts to project areas containing U.S. Army Corps of Engineers (USACE) and California Department of Fish and Game (CDFG) jurisdictional resources. Mitigation for the loss of jurisdictional resources will be negotiated with the resource agencies during the regulatory permitting process. Potential mitigation options may include the payment of an in-lieu mitigation fee to a mitigation bank or regional riparian enhancement program (e.g., invasive species removal), or restoration of riparian habitat either on site or off site at a ratio of no less than 1: 1 determined through consultation with the above-listed resource agencies. Prior to the initiation of any construction-related activities, the City will pay the in-lieu mitigation fee to a mitigation bank/enhancement program or prepare and submit a detailed restoration program for USACE and CDFG approval. If a Restoration Program is prepared, it will contain the following items: . Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the Landowner, Specialists, and Maintenance Personnel that would supervise and implement the plan will be specified. . Site selection. The mitigation site will be determined in coordination with the City of Temecula and the above-listed resource agencies. The site will either be located on the project site in a dedicated open space area or land will be purchased off the site. . Site preparation and planting implementation. Site preparation will include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments R\f'rojects\Temecul\JJ04\IS-100807.doc 4-12 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project MM4-2 MM4-3 (i.e., imprinting, decompacting); (5) temporary irrigation installation; (6) erosion-control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species planting. . Schedule. A schedule will be developed which includes planting in late fall and early winter, between October 1 and January 30. . Maintenance plan/guidelines. The Maintenance Plan will include: (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance; (5) maintenance training; and (6) replacement planting. . Monitoring Plan. The Monitoring Plan will include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria, as approved by the above-listed resource agencies; (4) monthly reports for the first year and reports ever other month thereafter; and (5) annual reports for five years, which will be submitted to the resource agencies on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas. . Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual Mitigation Plan to ensure the mitigation site is not impacted by future development. In addition, the City of Temecula will consult with the RCA to ensure that the mitigation provided for USACE and CDFG permitting is adequate to satisfy requirements of Section 6.1.2 of the MSHCP (i.e., Riparian/Riverine). A Determination of Biologically Equivalent or Superior Preservation (DBESP) will be prepared outlining mitigation to meet requirements of the RCA. The DBESP will include a measure to avoid and minimize impacts on the least Bell's vireo, including (1) clearing of habitat, which will occur during the non-breeding season (September 16 to March 14); (2) retaining a buffer of willows that is at least 25 feet wide around the basin; and (3) allowing the basin to naturally revegetate with willows between routine on-going long-term maintenance events. A survey for active raptor nests will be conducted prior to commencement of any construction activities during the raptor nesting season (February 1 to June 30). Restrictions may be placed on construction activities in the vicinity of any active nest until the nest is no longer active, as determined by a qualified Biologist. Typically, a 300- to 500-foot buffer zone is designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. To avoid impacts on nesting birds, vegetation-clearing activities on the survey area will occur outside the peak nesting season (March 1 to June 30) per the MSHCP Construction Minimization Measures. If vegetation clearing occurs between March 1 and June 30, a qualified Biologist will conduct a pre- construction survey (or possibly multiple surveys) to identify any active nesting locations. Restrictions may be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active as determined by a qualified Biologist. 4-13 Environmental Checklist Form R\f'rojects\Temecul\JJ04\IS-100807.doc Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project MM44 The following Construction Minimization Measures (Section 7.5.3 of the MSHCP) will be implemented during project construction to minimize impacts on biological resources during construction: . Plans for water pollution and erosion control will be prepared for all Discretionary Projects involving the movement of earth in excess of 50 cubic yards. The plans will describe sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, use of plant material for erosion control. Plans will be reviewed and approved by the County of Riverside and participating jurisdiction prior to construction. . Timing of construction activities will consider seasonal requirements for breeding birds and migratory non-resident species. Habitat clearing will be avoided during species active breeding season defined as March 1 to June 30. . Sediment and erosion control measures will be implemented until such time soils are determined to be successfully stabilized. . Short-term stream diversions will be accomplished by use of sand bags or other methods that will result in minimal instream impacts. Short-term diversions will consider effects on wildlife. . Silt fencing or other sediment trapping materials will be installed at the downstream end of construction activities to minimize the transport of sediments off-site. . Settling ponds where sediment is collected will be cleaned in a manner that prevents sediment from re-entering the stream or damaging/disturbing adjacent areas. Sediment from settling ponds will be removed to a location where sediment cannot re-enter the stream or surrounding drainage area. Care will be exercised during removal of silt fencing to minimize release of debris or sediment into streams. . No erodible materials will be deposited into water courses. Brush, loose soils, or other debris material will not be stockpiled within stream channels or on adjacent banks. . The footprint of disturbance will be minimized to the maximum extent Feasible. Access to sites will occur on pre-existing access routes to the greatest extent possible. . Equipment storage, fueling and staging areas will be sited on non-sensitive upland habitat types with minimal risk of direct discharge into riparian areas or other sensitive habitat types. . The limits of disturbance, including the upstream, downstream and lateral extents, will be clearly defined and marked in the field. Monitoring personnel will review the limits of disturbance prior to initiation of construction activities. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-14 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project . During construction, the placement of equipment within the stream or on adjacent banks or adjacent upland habitats occupied by Covered Species that are outside of the project footprint will be avoided. . Exotic species removed during construction will be properly handled to prevent sprouting or regrowth. . Training of construction personnel will be provided. . Ongoing monitoring and reporting will occur for the duration of the construction activity to ensure implementation of best management practices. . When work is conducted during the fire season (as identified by the Riverside County Fire Department) adjacent to coastal sage scrub or chaparral vegetation, appropriate fire-fighting equipment (e.g., extinguishers, shovels, water tankers) will be available on the site during all phases of project construction to help minimize the chance of human-caused wildfires. Shields, protective mats, and/or other fire preventative methods shall be used during grinding, welding, and other spark-inducing activities. Personnel trained in fire hazards, preventative actions, and responses to fires shall advise contractors regarding fire risk from all construction-related activities. . Active construction areas will be watered regularly to control dust and minimize impacts to adjacent vegetation. . All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other toxic substances will occur only in designated areas within the proposed grading limits of the project site. These designated areas will be clearly marked and located in such a manner as to contain run-off. . Waste, dirt, rubble, or trash will not be deposited in the Conservation Area or on native habitat. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-15 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 5. CULTURAL RESOURCES - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Cause a substantial adverse change in the X significance of a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the X significance of an archaeological resource pursuant to Section 15064.5? c. Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? d. Disturb any human remains, including those X interred outside of formal cemeteries? Comments: 5.a. The project site is developed with a desiltation basin and no built structures occur within the project boundary. The basin is not considered to be a historic resource as defined in Section 15064.5 of the state CEQA Guidelines; therefore, project implementation would not impact a historic resource. 5.b. The project site is developed with a desiltation basin and no archaeological resources are known occur within the project boundary. Any potential impacts on an archaeological resource would have been mitigated during the previous grading. Therefore, there would be no impact on archaeological resources. However, Standard Conditions (SC) below would be implemented should any archaeological/cultural resources be discovered. 5.c. The project site is developed with a desiltation basin and no built structures occur within the project boundary. Any potential impacts on a paleontological resource or unique geological feature would have been mitigated during the previous grading. Therefore, there would be no impact on paleontological resources. 5.d. The project site is developed with a desiltation basin and no built structures occur within the project boundary. Any potential impacts on human remains would have been mitigated during the previous grading. Therefore, no impact on human remains is anticipated. However, SC 5-7 below is proposed to be implemented should human remains be discovered during these maintenance activities. MitiQation ProQram Standard Conditions and Regulations The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archae%gica//cu/tura/ resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the City of shall R\f'rojects\Temecul\JJ04\IS-100807.doc 4-16 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project SC 5-1 SC 5-2 SC 5-3 SC54 SC 5-5 SC 5-6 SC 5-7 direct all further excavation or other disturbance of the affected area to immediately cease. The City will consult and/or authorize an independent, fully qualified specialist to inspect the site, in order to assess the significance of the find. Upon determining that the discovery is not an archae%gica//cu/tura/ resource, the Director of Planning shall authorize the resumption of work. If the discovery is an archaeo/ogicaVcu/tura/ resource, the Director of Planning shall direct that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning. " Prior to the issuance of grading permits, the City is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. If cultural resources are discovered during project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the City to investigate the find, and make recommendations as to treatment and mitigation. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the City. The City agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project site, to the Pechanga Tribe for proper treatment and disposition. All sacred sites are to be avoided and preserved. If human remains are discovered, the Riverside County Coroner's office must be notified immediately under State law (California Health and Safety Code 37050.5), and all activities in the immediate area of the find must cease until appropriate and lawful measures have been implemented. If the Coroner determines that the remains are Native American, the Coroner will contact the Native American Heritage Commission (NAHC) (California Public Resources Code 35097.98). The NAHC will designate a Most Likely Descendent who will make recommendations concerning the disposition of the remains in consultation with the lead agency and Project Archaeologist. A mitigation monitoring program should be incorporated into the document to identify the milestone at which each measure will need to be implemented, and the Department or Agency responsible for ensuring its completion. 4-17 Environmental Checklist Form R\f'rojects\Temecul\JJ04\IS-100807.doc Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 6. GEOLOGY AND SOILS - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. The rupture of a known earthquake fault, as X delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) ii. Strong seismic ground shaking? X iii. Seismic-related ground failure, including X liquefaction? iv. Landslides? X b. Result in substantial soil erosion or the loss of X topsoil? c. Be located on a geologic unit or soil that is X unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in X Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting X the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6.a.i. The proposed project is located outside the Alquist-Priolo Earthquake Fault Zone and no known earthquake faults traverse the project site (Riverside County 2003). The proposed project does not include the construction of anyon-site structures, and no significant risk of loss, injury, or public health risk would occur. No impacts due to fault rupture are anticipated. 6.a.ii.The proposed project is located in an area known to be seismically active, and the project site could be subject to ground shaking and potential damage during a seismic event. The project site is located within the Elsinore Fault Zone, but is not within a designated Alquist- Priolo Earthquake Fault Zone as indicated above. Further, the proposed project does not include the construction of anyon-site structures, nor would it introduce new population to the site. Therefore, although the project site would potentially be subject to ground shaking, the impact would be considered less than significant. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-18 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 6.a.iii. Liquefaction refers to loose, saturated sand or gravel deposits that lose their load- supporting capability when subjected to intense shaking (e.g., during an earthquake). The proposed project is located in an area where the liquefaction hazard level is rated as "very low" (Riverside County 2003). In addition, the proposed project does not include the construction of any structures. Therefore, the potential for ground failure would not pose a hazard to people or structures. 6.a.iv. The proposed project involves the excavation of sediment that has been deposited from storm flows since the last sediment removal activities. The project will restore the basin to its original design capacity and will not change the overall topography of the project site. In addition, the proposed project does not include the construction of any habitable structures. Therefore, no impacts due to landslides are anticipated. 6.b. Implementation of the proposed project would restore the desiltation basin to its original design capacity, thus allowing it to capture sediment and slow the runoff from the basin. Therefore, the proposed project would prevent future soil erosion and loss of topsoil. No impact would occur. 6.c. Subsidence is defined as settlement of under-consolidated soils that occurs during seismic ground shaking. The desiltation basin is located in an area that is designated as a "susceptible area" for subsidence; subsidence has been documented in the Elsinore Trough, including the Temecula area (Riverside County 2003). The proposed maintenance activity would not disturb the underlying site topography or land surface, nor would the project introduce any habitable structures or population to the project site. Therefore, the existing condition of the site being susceptible to subsidence would not represent a significant environmental impact. 6.d. Expansive soils are materials that are prone to expand when exposed to water. The proposed project does not include the construction of anyon-site structures; therefore, the potential for expansive soils would not pose a hazard to people or structures so there would be no impact. 6.e. The proposed project does not include any wastewater facilities. No septic tanks or alternative wastewater disposal systems are required for the project. Therefore, there would be no impact on these resources. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-19 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 7. HAZARDS AND HAZARDOUS MATERIALS - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Create a significant hazard to the public or the X environment through the routine transportation, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous X or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d. Be located on a site which is included on a list X of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use X plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private X airstrip, would the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere X with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk X or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: 7.a. The proposed project would not involve the use of any chemicals that would create a significant hazard to the public or environment through the routine transport, use, or R\f'rojects\Temecul\JJ04\IS-100807.doc 4-20 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project disposal of hazardous materials. Therefore, no impacts as a result of hazardous materials are anticipated. 7.b. See 7a. 7.c. See 7a. 7.d. Section 65962.5 of the California Government Code requires the State Department of Toxic Substances Control (DTSC) to compile and update a list of hazardous materials sites (Cortese Hazardous Waste and Substance Sites List, known as the Cortese List). A review of the Cortese List on the DTSC's Site Mitigation and Brownfields Reuse Program Database was completed and a report was prepared by EDR in 2007 for the proposed project site. No hazardous materials sites were identified on site. One underground storage tank was located within 0.25 mile; however, this would not pose a significant environmental hazard. Therefore, the proposed project is not expected uncover any hazardous materials as defined by Government Code 365962.5 and would not create a significant hazard to the public. 7.e. The proposed project is not located within an airport land use plan or within two miles of a public airport. In addition, the proposed project would not involve the development of any structures. As such, the proposed project would not result in a safety hazard for people residing or working in the project area. 7.f. The proposed project is not located within two miles of a private airstrip. In addition, the proposed project would not involve the development of any structures. As such, the proposed project would not result in a safety hazard for people residing or working in the project area. 7.g. During the hauling phase of the proposed project, additional truck traffic would use the roadways adjacent to the project site. A Traffic Control Plan would be developed (see Transportation, Section 15, below) to minimize potential construction traffic conflicts (and thereby reduce temporary impacts) within the residential community in the vicinity of the project site. In addition, SC 7-2 (below) requires notification of local emergency service providers. As such, project-related impacts on emergency response plans or emergency evacuation plans would be less than significant. 7.h. The project site and adjacent areas are composed of open space with vegetation that is prone to wildfire. No flammable structures are proposed as part of the proposed project. Construction equipment has the potential to start fires; however, construction is scheduled to occur outside the fire season and would be occurring within the wettest portion of the project site, the desiltation basin. In addition, Construction Minimization Measures required by the Western Riverside MSHCP (see Mitigation Measure 4-4) include a measure to minimize potential fire hazards. As such, this impact would be considered less than significant. MitiQation ProQram Standard Conditions and Regulations SC 7-1 During maintenance activities, all applicable Occupational Health and Safety Administration (OSHA) standards will be followed. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-21 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project SC 7-2 Prior to initiation of maintenance activities, local emergency service providers, all business owners, and all adjacent landowners/homeowners will be notified of the location and duration of maintenance activities. Construction specifications will state that notification will take place at least two weeks prior to initiation of maintenance activities. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-22 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 8. HYDROLOGY AND WATER QUALITY - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Violate any water quality standards or waste X discharge requirements or otherwise substantially degrade water quality? b. Substantially deplete groundwater supplies or X interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern X of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern X of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would X exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f. Require the preparation of a Water Quality X Management Plan? g. Place housing within a 100-year flood hazard X area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area X structures which would impede or redirect flood flows? i. Expose people or structures to a significant risk X of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X R\f'rojects\Temecul\JJ04\IS-100807.doc 4-23 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project Comments: 8a. The proposed project would not involve any waste discharges; however, the proposed project could result in short-term construction impacts to surface water quality from grading and other construction-related activities. Specifically, maintenance activities would result in the disturbance of soils and storm water runoff from the project site during construction activities. Spills or leaks from heavy equipment and machinery, construction staging areas, or building sites may also enter runoff and typically include petroleum products such as fuel, oil and grease, and heavy metals. Compliance with the National Pollutant Discharge Elimination System (NPDES) Construction Storm Water Program and the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) would ensure that any impacts to downstream waters resulting from construction activities associated with the project site would be less than significant. Erosion control and treatment Best Management Practices (BMPs) would be implemented per NPDES requirements. With compliance with the NPDES permit, impacts to water quality would be expected to be less than significant. 8b. The proposed project would not impact groundwater supplies, nor would it not interfere with groundwater recharge. Therefore, there would be no impact on groundwater supply or recharge. 8c. The proposed project site is an existing desiltation basin; the proposed project would not change drainage patterns. However, the proposed project would allow the desiltation basin to function at its design capacity and capture sediment and slow down the runoff from the basin. Therefore, the proposed project would have a beneficial impact to prevent erosion and reduce siltation off site. 8d. See 8c. The proposed project would allow the desiltation basin to function as designed to reduce the potential for flooding. Therefore, no impact would occur. 8e. See 8d and 8a. 8f. See 8a. Based on the limited scope and size of the project and City requirements, the proposed project would not require preparation of a Water Quality Management Plan. The City will incorporate standard BMPs and NPDES requirements in the project implementation; therefore, no Water Quality Management Plan would be required. 8.g. The proposed project is not located within a designated 100-year flood area, as designated by Federal Emergency Management Agency (FEMA) (City of Temecula 2005, Public Safety Element). The proposed project does not involve the construction of any habitable structures, but would allow the desiltation basin to function as designed to reduce flooding. Therefore, no impact would occur. 8.h. See 8g. 8.i. See 8g. 8.j. The project site is relatively flat and situated approximately 30 miles from the Pacific Ocean and would not be susceptible to risks associated with seiche or tsunami. Proposed project actions would include removal of sediment and debris that has accumulated within the basin. No grading of the project site to create cut slopes will occur. Additionally, the surrounding natural slopes have existing native vegetation cover; therefore, susceptibility to mudflow inundation would be low. The basin was specifically designed to prevent mudflow inundation. Therefore, there would be no impact as a result of the proposed project. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-24 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project MitiQation ProQram Standard Conditions and Regulations SC 8-1 All BMPs applicable to the proposed project, as described in the NPDES permit will be followed during construction and any maintenance activities. These BMPs would likely include the measures listed above in Mitigation Measure 4-4 (Construction Minimization Measures listed in Section 7.5.3 of the Western Riverside MSHCP). R\f'rojects\Temecul\JJ04\IS-100807.doc 4-25 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 9. LAND USE AND PLANNING - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Physically divide an established community? X b. Conflict with any applicable land use plan, X policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat X conservation plan or natural community conservation plan? Comments: 9.a. The proposed project would occur within the existing desiltation basin. No grading outside the basin or construction of any new structures are proposed. Therefore, there would be no impact since the proposed project would not result in the division of an established community. 9.b. The proposed project is located in the City of Temecula and would be subject to the Temecula General Plan. The desiltation basin is an existing facility that is located within an area designated in the Temecula General Plan as Open Space (OS). The facility is considered an allowable use within the OS designation and its continued use, long-term operation, and maintenance are consistent with the Temecula General Plan. The proposed project would not conflict with any applicable land use plan or policy applicable to the project site; therefore, there would be no impact as a result of the proposed project. 9.c. As previously noted, the proposed project is within the Western Riverside MSHCP, but is not located within an MSHCP Cell Criteria area. However, as described in Section 4, the proposed project would require preparation of a DBESP for impacts on Riparian/Riverine resources (i.e., occupied least Bell's vireo habitat). With implementation of Mitigation Measure 4-1 (listed in Section 4 above), there would be no conflict with a habitat conservation plan; therefore, no impact would occur. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-26 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 10. MINERAL RESOURCES - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Result in the loss of availability of a known X mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally- X important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: 10.a. According to the California Geologic Survey, no known mineral resources are known to exist within the City of Temecula (Papp 2007) or more specifically, on the project site. Therefore, no impact on the availability of mineral resources is anticipated. 10.b. See 10a. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-27 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 11. NOISE - Would the project result in: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Infonnation Sources Impact Mitigation Impact Impact Incorporated a. Exposure of persons to or generation of noise X levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of X excessive ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient X noise levels in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in X ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use X plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private X airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: 11.a. The use of construction equipment for sediment removal would temporarily increase noise levels on the project site. Peak noise levels for most construction equipment range from 70 to 95 decibels (dB) at a distance of 50 feet from the point source. Residential development is located approximately 100 feet from the project site, across Rancho Vista Road. In addition, Temecula Valley High School is located approximately 575 feet east of the project site. At these distances, the construction-related noise levels are not expected to exceed maximum acceptable noise levels for residential uses consistent with the Noise Element of the City of Temecula General Plan (i.e., 45 dB interior/65 dB exterior) (Temecula 2005). It should also be noted that the proposed maintenance activities would occur between the hours of 7:00 AM and 10:00 PM According to the City of Temecula Noise Ordinance (No. 457.73), construction noise is exempt from established noise standards. Therefore, the potential short-term, construction-related noise impact resulting from the project would be less than significant. 11.b. See 11 a. Equipment used to remove sediment from the desiltation basin would include a hydraulic excavator, a motor grader, a track loader, and dump trucks. This groundborne vibration produced by this equipment would be considered less than significant. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-28 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 11.c. The long-term operation of the project would be the same as its existing use (i.e., desiltation basin), which does not produce any noise. The only future noise impacts would be associated with future routine maintenance to clear sediment from the basin on an "as- needed" basis; these impacts would be temporary. Therefore, the proposed project would not create a permanent increase in ambient noise levels so there would be no impact. 11.d. Long-term periodic maintenance of the desiltation basin would occur; however, the impacts would be consistent with those described in 11 a. Therefore, this impact would be considered less than significant. 11.e. The project site is not located within two miles of a public airport. Therefore, there would be no impact as a result of the proposed project. 11.f. The project site is not located within two miles of a private airstrip. Therefore, there would be no impact as a result of the proposed project. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-29 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 12. POPULATION AND HOUSING - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Induce substantial population growth in an X area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing X housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, X necessitating the construction of replacement housing elsewhere? Comments: 12.a. The proposed project does not propose new homes, businesses, or infrastructure; therefore, the proposed project would not induce population growth. No impact would occur. 12.b. The proposed project would occur on the site of the existing desiltation basin and would not displace existing housing or people. No impact would occur. 12.c. See 12b. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-30 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 13. PUBLIC SERVICES - Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Fire protection? X b. Police protection? X c. Schools? X d. Parks? X e. Other public facilities? X Comments: B.a. The project would not generate additional population to the area, either directly or indirectly, and thus would not increase demand for public services. Additionally, due to the nature of the project actions, no additional surveillance over existing conditions would be required. The project would not result in impacts related to public services. 13b. See 13a. 13c. See 13a. 13d. See 13a. 13e. See 13a. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-31 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 14. RECREATION - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. I ncrease the use of existing neighborhood and X regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the X construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: 14.a. The project would not generate additional population to the area, either directly or indirectly. Therefore, the proposed project would not increase the use of parks or recreational facilities. No impact would occur. 14.b. The proposed project would not include additional recreational facilities. Therefore, there would be no impact as a result of the proposed project. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-32 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 15. TRANSPORTATION/TRAFFIC - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Cause an increase in traffic which is substantial X in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a X level of service standard established by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, X including either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design X feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with adopted policies, plans, or X programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: 15.a. Maintenance activities associated with the proposed project would likely result in the potential for short-term construction-related traffic delays on Rancho Vista Road and other local roads. To minimize potential construction traffic conflicts, a Traffic Control Plan would be prepared prior to construction and would include specifications for managing traffic movement on public or private streets. Hours of construction will comply with the City of Temecula Zoning Code "Noise Control" regulations (see Section 11, Noise). Implementation of Mitigation Measure 15-1 would take into consideration the peak commuting hours relative to residents, school buses, and parents dropping their children at Temecula Valley High School, located 575 feet east of the project site. With implementation of MM 15-1, impacts related to increased traffic levels would be reduced to a less than significant level. 15.b. The proposed project would not affect a level of service (LOS) standard established by the City of Temecula for designated roads or highways either individually or cumulatively. The proposed project would require construction and hauling vehicles to use existing roadways and access roads within the sports park in order to remove sediment from the project site. However, this construction vehicle movement would be temporary in nature and the R\f'rojects\Temecul\JJ04\IS-100807.doc 4-33 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project frequency and number of vehicle trips would be minor. Therefore, any impacts relative to LOS would be considered less than significant. 15.c. The proposed project would not impact air traffic patterns. No airports are located within the immediate vicinity of the project site. Therefore, there would be no impact as a result of the propose project. 15.d. The proposed project would not involve any changes to roadway design. All construction activities would take place within the existing basin and transport of excavated materials would occur on existing roadways. Therefore, there would be no impact to roadway design or design features, and the project would be compatible with uses such as farm equipment. 15.e. Due to the movement of vehicle trips along the local circulation system, emergency access in the vicinity of the project site may be temporarily impacted. A Traffic Control Plan will be prepared and implemented during construction in order to manage construction activities and to minimize impacts on traffic flow in the vicinity of the project site. Therefore, with implementation of Mitigation Measure 15-1, the impact on emergency access would be reduced to a less than significant level. 15.f. The construction staging area for the proposed project would be located within a previously disturbed area adjacent to Rancho Vista Road within the desiltation basin area; this area does not currently provide parking. A limited number of worker vehicles would be expected to park within the existing parking lot at the sports park; however, the work would be temporary in nature, and the number of workers would be minimal. Therefore, the impact on parking capacity would be less than significant. 15.g. Once sediment removal in the desiltation basin is complete, there would be no increase in traffic or a permanent change in existing transportation systems. As such, the project would not conflict with adopted policies, plans, or programs supporting alternate transportation. Mitiqation Proqram Mitigation Measures MM 15-1 Prior to the initiation of construction activities, the Contractor will submit a Traffic Control Plan to the City of Temecula for review and approval. The Traffic Control Plan will describe traffic control measures that shall be implemented to maintain traffic and emergency vehicle flow in all directions. Said traffic management measures will be implemented during on-going long-term basin maintenance activities. The Traffic Control Plan will include: . Configuration of construction equipment parking to minimize traffic interference; . The minimization of obstruction of through-traffic lanes. Project should be planned so that lane closures on existing streets are kept to a minimum; . The minimization of traffic and access related impacts to the Ronald Reagan Sports Park; . The scheduling of operations affecting traffic for off-peak hours to the best extent when possible. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-34 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project In addition, to minimize impacts resulting from project implementation on operations at Temecula Valley High School, project construction activities and associated material transport on site or within the project vicinity will be limited to between 7:45 AM and 7 PM Monday through Friday, with a break in associated vehicle traffic from 2:20-2:50 PM to allow for end-of-school related traffic. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-35 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 16. UTILITIES AND SERVICE SYSTEMS - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Exceed wastewater treatment requirements of X the applicable Regional Water Quality Control Board? b. Require or result in the construction of new X water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new X storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to X serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater X treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted X capacity to accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes X and regulations related to solid waste? Comments: 16.a. The proposed project would not involve the treatment of wastewater or be subject to the wastewater treatment requirements of the local Regional Water Quality Control Board. Therefore, there would be no impact on wastewater treatment requirements. 16.b.lmplementation of the proposed project would neither require water supply nor would it generate wastewater; no new treatment facilities would be required. Therefore, there would be no impact as a result of the proposed project. 16.c. The proposed project would not generate additional storm water runoff; therefore, it would not require the construction of new storm water drainage facilities, nor would it require the expansion of existing facilities. There would be no impact as a result of the proposed project. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-36 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 16.d. No water supply is necessary to serve the project and no impacts on the water supply are anticipated. Therefore, there would be no impact as a result of the proposed project. 16.e. See 16d. 16.f. Excavated soils, debris, and vegetation removed from the basin would be transferred to the landfill. The total amount of debris and vegetation for disposal would represent a nominal volume and would not significantly impact existing landfill capacity. Impacts to local landfills would therefore be less than significant. 16.g. See 16f. The proposed project would comply with all federal, state, and local statutes and regulations related to solid waste. Therefore, there would be no impact as a result of the proposed project. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-37 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 17. MANDATORY FINDINGS OF SIGNIFICANCE - Would the project: Potentially Potentially Significant Less Than Significant Unless Significant No Issues and Supporting Information Sources Impact Mitigation Impact Impact Incorporated a. Does the project have the potential to degrade X the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects X which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: 17.a. Mitigation for temporary loss of riparian habitat occupied by the least Bell's vireo has been developed to reduce impacts to less than significant levels (MM 4-1). Mitigation requirements will be coordinated with the resource agencies (i.e., USFWS and CDFG) through their respective regulatory processes. In addition, a DBESP will be prepared for RCA review. Requirements for these permits/agreements/approvals will reduce impacts on the least Bell's vireo to less than significant levels. There are no known important examples of the major periods of California history or prehistory on site that would be affected by the proposed project. 17.b. All project level impacts associated with the project have been determined to be less than significant or mitigated to a level considered less than significant. Therefore, the cumulative project impacts would also be considered less than significant. 17.c. All project-level impacts associated with the project have been determined to be less than significant or mitigated to a level considered less than significant and none of the impacts would cause substantial adverse effects on people, either directly or otherwise. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-38 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project 18. EARLIER ANALYSES - Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where they are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Comments: 18a. Not Applicable 18b. Not Applicable 18c. 4.1.2 SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final Environmental Impact Report. 3. South Coast Air Quality Management District CEQA Air Quality Handbook. 4. Western Riverside Multiple Species Habitat Conservation Plan 5. Habitat Assessment for Ronald Reagan Sports Park Silt Removal Project 6. Environmental Data Resources Radius Map with Geocheck ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Factors that are not checked are expected to have either no impact or less that significant impacts. Aesthetics X Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities/Service Systems Agriculture Resources X Air Quality Cultural Resources Geology/Soils Hydrology/Water Quality Land Use/Planning Noise Population/Housing Recreation X Transportation/Traffic Mandatory Findings of Significance R\f'rojects\Temecul\JJ04\IS-100807.doc 4-39 Environmental Checklist Form Ronald Reagan Sports Park Desiltation Basin Long. Term Maintenance Project 4.2 AGENCY DETERMINATION On the basis of this initial evaluation: o I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [SJ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to be the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. o I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier docurnent pursuant to applicable legal standards, and 2) has been addressed by rnitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. o I find that although the proposed project could have a significant effect on the environment, because al potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. !J/;}v~ Signature !oltr/07 Date William Becerra Printed Name City of Temecula, Department of Public Works For R :\ProjeC1S\ T emecuIIJ004\IS-1 00807.doc 4-40 Environmental Checklist Form Ronald Reagan Sports Park Oesiltation Basin Long-Term Maintenance Project EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except 'No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses fOllowing each question. A 'No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A 'No Impact' answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pOllutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. 'Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more 'Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) 'Negative Declaration: Less Than Significant With Mitigation Incorporated' applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact' to a 'Less Than Significant Impact.' The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, 'Earlier Analyses.' may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the fOllowing a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are 'Less than Significant with Mitigation Measures Incorporated.' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. R\f'rojects\Temecul\JJ04\IS-100807.doc 4-41 Ronald Reagan Sports Park Desiltation Basin Long-Term Maintenance Project SECTION 5.0 DOCUMENT PREPARERS AND CONTRIBUTORS City of Temecula, Department of Public Works Assistant Engineer/Project Manager..........................................................William Becerra Bon Terra Consulting (Environmental Document Preparation) Principal-in-Charge ..............................................................................Joan P. Kelly, AICP Project Manager........................................................................................ Amber S. Oneal Biological Resources Project Manager ..................................................... Amber S. Oneal Regulatory Specialist ..............................................................................Gary A. Medeiros Air Quality Specialist ........................................................................Samuel C. Stewart, IV Project Biologists .........................................................Amber S. Oneal, Jennifer S. Pareti Environmental Analyst ..............................................................................Justin Partridge Technical Editor .................................................................................................. Julia York Word Processing............................................................................................ Sheryl Kristal G IS/G raphics............................................................................................... Johnnie Garcia R\f'rojects\Temecul\JJ04\IS-100807.doc 5-1 Document Preparers and Contributors Ronald Reagan Sports Park Desiltation Basin Long-Term Maintenance Project SECTION6~ REFERENCES California Department of Conservation. 2002. Farmland Mapping and Monitoring Program. Sacramento, CA: Division of Land Resource Protection. http://www.consrv.ca.gov/DLRP/fmmp/index.htm . --. 1997. Land Evaluation and Site Assessment Model (LESA). Sacramento, CA: Division of Land Resource Protection. http://www.consrv.ca.gov/DLRP/qh_lesa.htm. California Department of Transportation (Caltrans). 1999 (December 28). California Scenic Highway Mapping System. www.dot.ca.gov/hq/LandArch/scenic_highways. Dudek and Associates, Inc. (Dudek). 2003. Western Riverside County Multiple Species Habitat Conservation Plan (Prepared for the Riverside County Integrated Project). Encinitas, CA: Dudek. http://www.wrc-rca.org/Permits_Docs.html. Papp. 2007. Personal communication regarding mineral resources within the City of Temecula. Email to Amber Oneal on July 11, 2007. Riverside, County of. 2003a. Genera/ Plan Fina/ Program Riverside, CA: Riverside County http://www.rctlma.org/generalplan/index.html. Environmenta/ Impact Report. Planning Department. Riverside, County of, Transportation and Land Management Agency (RTLMA). 2003 (June 17). Western Riverside County Mu/tip/e Species Habitat Conservation Plan (MSHCP). (Prepared by Dudek & Associates, Inc.). Temecula, City of. 1999. Environmental Assessment No. 46 - Rancho California Sports Park Desiltation Basin. December 1998. --. 2005 (last update). City of Temecu/a Genera/ Plan. Temecula, CA: the City. http://www.cityoftemecula .org/T emecula/Government/Planning/ GeneraIPlan/. . 1999. Environmental Assessment No. 46 - Rancho California Sports Park Desiltation Basin. U.S. Congress. 2005 (as amended). United States Code (Title 16, Chapter 7). Protection of Migratory Game and Insectivorous Birds (Subchapter II: Migratory Bird Treaty). R\f'rojects\Temecul\JJ04\IS-100807.doc 6-1 References Appendix A AIR QUALITY MODELING AND LOCALIZED SIGNIFICANCE THRESHOLD (LST) ANALYSIS Summary of the Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project By Phase Total On-Site CO Site Preparation 14.0 Grading 23.6 Soil Hauling 24.5 Localized Significance Threshold* 574 Exceed Significance? NO * Based on Tables CI-C6 of the SCAQMD CEQA Handbook NOx 45.9 50.2 58.8 1991 NO SOx 0.0 0.1 0.1 N/A NO A-1 PMlO 6.0 12.8 12.7 13 NO PM2.5 2.6 4.3 4.9 8 NO ROG 4.0 5.0 5.6 N/A NO Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project - Site Preparation Phase Project Ronald Reagan Sports Park Construction Activity Site Preparation (Grubbing) 150,000 Square Feet Site Preparation Schedule 2 days" Equipment Typea,h Tractors/LoaderslBackhoes Grader No. of Equipment 1 1 hr/day 8.0 8.0 Crew Size 5 Construction Equipment Emission Factors Equipment Type" Tractors/LoaderslBackhoes Grader CO lblhr 1.0278 0.7540 NOx lbi1rr 3.3772 1.6258 PM10 lblhr 0.1177 0.0907 ROG lblhr 0.3074 0.2073 SOx lblhr 0.0039 0.0014 Fugitive Dust Clearing Parameters Silt Contentd 7.5 Moisture Contentd 15 Fugitive Dust Stockpiling Parameters Silt Contentd 0.5 Precipitation Dayse 35 Mean Wind Speed Percentf 50 TSP Fraction 0.5 Areag (acres) 1 Fugitive Dust Material Handling Aerodynamic Particle Size Multiplierh 0.2 Mean Wind Speedi mph 7 Moisture Contentd 15.0 Dirt Handleda cy 1,000 Debris Handleda cy 3,500 Dirt Handledi lb/day 1,250,000 Construction Vehicle (Mobile Source) Emission Factors Rea -Du Truckk CO Ib/mile 0.014462 NOx lb/mile 0.047182 PM10 Ib/mile 0.002309 ROG lb/mile 0.003729 SOx lb/mile 0.000040 A-2 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project - Site Preparation Phase Construction Worker Number of Trips and Trip Length Vehicle Employee Vehicles No. of One-Way Trips/Day 10 One WayTrip Length (miles) 20 Incremental Increase in Onsite Combustion Emissions from Construction Equipment Equation: Emission Factors (lbIBHP-hr) x No. of Equipment x Work Day (hr/day) x Equipment rating (hp) x Load Factor (%/100) = Onsite Construction Emissions (lb/day) Equipment Type Tractors/LoaderslBackhoes Grader Total CO lb/day 8.22 6.03 8.2 NOx lb/day 27.02 13.01 27.0 PM10 lb/day 0.94 0.73 0.94 ROG lb/day 2.46 1.66 2.46 SOx lb/day 0.Q3 0.01 0.03 Incremental Increase in Fugitive Dust Emissions from Construction Operations Equations: Clearingl: PMIO Emissions (lb/day) = 0.7S x (silt contentLS)I(moisture content14) x hours opemted (hr/day) x (I - control efficiency) Stomge Piles: PMIO Emissions (lb/day) = 1.7 x (silt content/7.S) x ((36S-precipitation days)l3S) x vvind speed percent/IS x TSP fraction x Area) x (I - control efficiency) Material Handlingffi: PMIO Emissions (lb/day) = (0.0032 x aerodynamic particle size multiplier x (wind speed (mph)lS) 1.3/(moisture content/2)14 x dirt handled (lb/day)l2,000 (lb/ton) (I - control efficiency) Description Clearing Stomge Piles Material Handling Total I Control Efficiency % o o o PM10 IMlay 2.78 1.33 0.06 4.17 A-3 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project - Site Preparation Phase Incremental Increase in Onsite Combustion Emissions from Onroad Mobile Vehicles Equation: Emission Factor (lb/mile) x No. of One-Way Trips/Day x 2 x Trip length (mile) = Mobile Emissions (lb/day) Vehicle Employee Vehicles Total CO lb/day 5.78 5.78 NOx lb/day 18.87 18.87 PMIO lb/day 0.92 0.92 ROG lb/day 1.49 1.49 SOx lb/day 0.02 0.02 Total Incremental Localized Emissions from Construction Activities CO NOx PMIO ROG SOx Sources lb/day lb/day IMlay lb/day lb/day On-site Emissions 14.0 45.9 6.0 4.0 0.0 Localized Significance Thresholdn 574 1991 13 N/A N/A Exceed Significance? NO NO NO NO NO Combustion and Fugitive Summary PM2.5 Fractionn PMIO PM2.5 IMlay lb/day Combustion (Offroad) 0.92 0.9 0.9 Combustion (Onroad) 0.96 0.92 0.89 Fugitive 0.21 4.2 0.9 Total 6.0 2.6 Localized Significance Thresholdo 8 Exceed Significance? NO Notes: PrQiect specific data may be entered into shaded cells. Changing the values in the shaded cells will not affect the integrity of the worksheets. Verify that llllits of values entered match units for cell. Adding lines or entering values with units different than those associated with the shaded cells may alter the integrity of the sheets or prochice incorrect results. a) Construction schechile and cubic yardage of soil (dirt) and vegetation (debris) moved during vegetation grubbing as estimated by aty ofTemecula. b) Equipment name must match CARB Off-Road Model (see Off-Road Model EF worksheet) equipment name for sheet to look up EFs automatically. c) SCAB values provided by the ARB, 2007. Assumed equipment is diesel fueled d) Table A9-9-F-l ofCEQA Handbook. Lowest percent used for stockpiling chie to material type (Le., crushed vegetation). e) Table A9-9-E2, SCAQMD CEQA Air Quality Handbook, 1993 f) Mean wind speed percent - percent of time mean wind speed exceeds 7 mph - worst case percentage given average wind speed of2.3 mph over 3-year period. g) Assumed area for storage pile is 1.0 acre in size h) USEPA, AP-42, Background Document for Revisions to Fine Fraction Ratios Used for AP-42 Fugitive Dust Emission Factors - November 2006, Aerodynamic particle size multiplier for agricultural tilling (assumed to be rougWy equivalent to vegetation grubbing) i) Mean wind speed - maximum of daily average wind speeds reported in 2005 to 2007 meteorological data. j) Assuming 1,000 cubic yards of dirt handled [(1,000 cydx 2,500 Iblcyd)12 days = 1,250,000 Ib/day] k) CARB, EMFAC2007 (version 2.3) Burden Model, Winter 2007,75 F, 40% RH: EF, Iblyr = (EF, tonlyr x 2,000 Ib/ton)/VMT I) USEPA, AP-42, July 1998, Table 11.9-1, Equation for bulldozer, overburden,S: 10 Jlm m) USEPA, AP-42, Jan 1995, Section 13.2.4 Aggregate Handling and Storage Piles, Equation 1 n) ARB's CEIDARS database PM2.5 fractions - construction dust categmy for fugitive and diesel vehicle exhaust category for combustion.App. C of the Methodology Paper for applicable LSTs. 0) App. C of the Methodology Paper for applicable LSTs. A-4 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project - Grading Phase Project ROllal Reagan Sports Park Construction Activity Grading 233,000 Square Feet Grading Schedule - 5 daysa Equipment Typea,h Excavator Graders Tractors/Loaders/Backhoes No. of Equipment 1 1 1 hr/day 7.0 8.0 8.0 Crew Size 8 Construction Equipment Emission Factors Equipment Type" Excavator Graders Tractors/Loaders/Backhoes CO NOx PM10 ROG SOx lblhr lblhr lblhr lblhr lblhr 0.6758 1.3897 0.0794 0.1792 0.0013 0.7540 1.6258 0.0907 0.2073 0.0014 1.0278 3.3772 0.1177 0.2073 0.0039 Fugitive Dust Grading Parameters Vehicle Speed (mph)d 3 Vehicle Miles Travelede 0.80 Fugitive Dust Stockpiling Parameters Silt Contentf 7.3 Precipitation Daysg 35 Mean Wind Speed Percenth 100 TSP Fraction 0.5 Areai (acres) 1 Fugitive Dust Material Handling Aerodynamic Particle Size Multiplie~ 0.314 Mean Wind Speedk mph 7 Moisture Contentf 50.0 Dirt Handleda cy 27,000 Dirt Handledl lb/day 13,500,000 Construction Vehicle (Mobile Source) Emission Factors Employee Vehicles CO lb/mile 0.011552 NOx lb/mile 0.001213 PM10 lb/mile 0.000084 ROG lb/mile 0.001182 SOx lb/mile 0.000011 A-5 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project - Grading Phase Construction Worker Number of Trips and Trip Length Vehicle Employee Vehicles No. of One-Way Trips/Day 10 One WayTrip Length (miles) 20 Incremental Increase in Onsite Combustion Emissions from Construction Equipment Equation: Emission Factor (lb/BHP-hr) x No. of Equipment x Work Day (hr/day) x Equipment rating (hp) x Load Factor (%/100) = Onsite Construction Emissions (lb/day) Equipment Type Excavator Graders Tractors/Loaders/Backhoes Total CO lb/day 4.73 6.03 8.22 19.0 NOx lb/day 9.73 13.01 27.02 49.8 PM10 lb/day 0.56 0.73 0.94 2.22 ROG lb/day 1.25 1.66 1.66 4.57 SOx lb/day 0.01 0.01 0.03 0.05 Incremental Increase in Fugitive Dust Emissions from Construction Operations Equations: GradingP: PMIO Emissions (lb/day) = 0.60 x 0.051 x mean vehicle speed2.0 x VMT x (I - control efficiency) Storage Pilesq: PMIO Emissions (lb/day) = 1.7 x (silt content/I.S) x ((36S-precipitation days)l23S) x vvind speed percent/IS x TSP fraction x Area) x (I - control efficiency) Material Handlingf: PMIO Emissions (lb/day) = (0.0032 x aerodynamic particle size multiplier x (vvind speed (mph)I7J3/(moisture content/2)14 x dirt handled (lb/day)l2,000 (lb/ton) (I - control efficiency) Description Earthmoving Storage Piles Material Handling Total Control Efficiency % 08 73 68 I Unmitigated PM10' lb/day 0.Q7 10.46 0.04 10.57 A-6 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project - Grading Phase Incremental Increase in Onsite Combustion Emissions from Onroad Mobile Vehicles Equation: Emission Factor (lb/mile) x No. of One-Way Trips/Day x 2 x Trip length (mile) = Mobile Emissions (lb/day) Vehicle Employee Vehicles Total CO lb/day 4.62 4.62 NOx lb/day 0.49 0.49 PM10 lb/day 0.03 0.03 ROG lb/day 0.47 0.47 SOx lb/day 0.00 0.00 Total Incremental Localized Emissions from Construction Activities CO NOx PM10 ROG SOx Sources lb/day lb/day lb/day lb/day lb/day On-site Emissions 23.6 50.2 12.8 5.0 0.1 Significance Thresholdt 574 1991 13 N/A N/A Exceed Si nificance? NO NO NO NO NO Combustion and Fugitive Summary Pl\12.5 Fraction " PM10 PM2.5 lb/day lb/day Combustion (Offroad) 0.92 2.2 2.0 Combustion (Onroad) 0.96 0.03 0.03 Fugitive 0.21 10.6 2 Total 12.8 4.3 Significance Thresholdt 8 Exceed Significance? NO Notes: PrQiect specific data may be entered into shaded cells. C1langing the values in the shaded cells will not affect the integrity of the worksheets. Verify that units of values entered match llllits for cell. Adding lines or entering values with llllits different than those associated with the shaded cells may alter the integrity of the sheets or produce incorrect results. a) Construction schedule and cubic yardage of soil (dirt) and vegetation (debris) moved chiring vegetation grubbing as estimated by City ofTemecula. b) Equipment name must match CARB Off-Road Model (see Off-Road Model EF worksheet) equipment name for sheet to look up EFs automatically c) SCAB values provided by the ARB, Oct 2006. Assumed equipment is diesel fueled. d) Caterpillar Perrormance Handbook, Edition 33, October 2003 Operating Speeds, p 2-3. e) Assuming 27,000 cubic yards of dirt handled [(27,000 cyd x 2,500Ib/cyd)/5 days = 13,500,000 lb/day] f) USEPA, AP-42, July 1998, Table 13.2.4-1 Typical Silt and Moisture Contents of Materials at Various Industries [Avg. of Sand (2.6) and Misc. fill materials (12)] g) Table A9-9-E2, SCAQMD CEQA Air Quality Handbook, 1993 h) Mean wind speed percent - percent of time mean wind speed exceeds 7 mph. Most conseIVative estimate given average of2.3 mph as derived from 2005-2007 weather data. i) Assumed storage pile ofl acre in size .) USEPA, AP-42, BackgrolllldDocument for Revisions to Fine Fraction Ratios Used for AP-42 Fugitive Dust Emission Factors - November 2006, Aerodynamic particle size multiplier for aggregate storage and handling (assumed to be roughly equivalent to grading and stockpiling of basin soils) k) Mean wind speed - maximum of daily average wind speeds reported in 2005 -2007 meteorological data. A-7 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project - Grading Phase I) Assuming 27,000 cubic yards of dirt handled [(27,000 cydx 2,500 Ib/cyd)/5 days = 13,500,000 Iblday] m) CARB,EMFAC2007 (version 2.3) Burden Model, Winter 2007, 75 F, 40%RH: EF,Iblyr= (EF, tonlyr x 2,000 Iblton)NMT n) Assumed 30 cubicyd truck capacity 27,000 cyd of dirt [(27,000 cydx truck/30 cyd)/5 days = 10 one-way truck trips/day]. Assumed haul truck travels 0.1 miles through facility 0) Assumed six foot wide water truck traverses over 233,000 square feet of disturbed area p) USEPA, AP-42, July 1998, Table 11.9-1, Equation for Site Grading::; 10 Jlm q) USEPA, AP-42, Jan 1995, Section 13.2.4 Aggregate Handling and Storage Piles, Equation 1 r) USEPA, Fugitive Dust BackgroundDocument and Technical Information Document for Best Available Control Measures, Sept 1992, EPA-45012-92-004, Equation 2-12 s) Includes watering at least three times a day per Rule 403 (68% control efficiency) and tarps/covers for storage piles (additional 5%). t) App. C of the Methodology Paper for applicable LSTs. u) ARB's CEIDARS database PM2.5 fractions - construction dust category for fugitive and diesel vebicle exhaust category for combustion. A-8 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project- Soil Hauling Project Ronal Reagan Sports Park Construction Activity Soil Disposal 27,000 Cubic Yards Disposal Schedule - 14 daysa Equipment Typea,h Excavator No. of Equipment 1 hr/day 8.0 Crew Size 5 Construction Equipment Emission Factors CO NOx PM10 ROG SOx Equipment Type , lbi1rr lbi1rr lblhr lblhr lblhr Excavator 0.6758 1.3897 0.0794 0.1792 0.0013 Fugitive Dust Grading Parameters Vehicle Speed (mph)d Vehicle Miles Travelede 3 0.03 Fugitive Dust Stockpiling Parameters Silt Contentf Precipitation Daysg Mean Wind Speed Percenth TSP Fraction Areai (acres) 7.3 35 100 0.5 1 Fugitive Dust Material Handling Aerodynamic Particle Size Multiplieri Mean Wind Speedk Moisture Contentf Dirt Handleda Dirt Handledl mph cy lb/day 0.314 7 15.0 3,700 660,714 IConstruction Vehicle (Mobile Source) Emission Factors A-9 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project- Soil Hauling Haul Truck Em 10 ee Vehicles CO lb/mile 0.014462 0.011552 NOx lb/mile 0.047182 0.001213 PM10 Ib/mile 0.002309 0.000084 ROG Ib/mile 0.003729 0.001182 SOx Ib/mile 0.000040 0.000011 Construction Worker Number of Trips and Trip Length Vehicle Haul Trucks Employee Vehicles No. of One-Way Trips/Day 100 10 One WayTrip Length (miles) 5 20 Incremental Increase in Onsite Combustion Emissions from Construction Equipment Equation: Emission Factor (lb/BHP-hr) x No. of Equipment x Work Day (hr/day) x Equipment rating (hp) x Load Factor (%/100) = Onsite Construction Emissions (lb/day) Equipment Type Excavator Total CO lb/day 5.41 5.4 NOx lb/day 11.12 11.1 PM10 lb/day 0.64 0.64 ROG lb/day 1.43 1.43 SOx lb/day 0.01 0.01 Incremental Increase in Fugitive Dust Emissions from Construction Operations Equations: Grading: PMIO Emissions (lb/day) = 0.60 x 0.051 x mean vehicle speed2.0 x VMT x (I - control efficiency) Stomge Pilesq: PMIO Emissions (lb/day) = 1.7 x (silt content/I.S) x ((36S-precipitation days)l23S) x vvind speed percent/IS x TSP fraction x Area) x (I - control efficiency) Material Handlingf: PMIO Emissions (lb/day) = (0.0032 x aerodynamic particle size multiplier x (wind speed (mph)l7) 1.3/(moisture content/2)14 x dirt handled (lb/day)l2,000 (lb/ton) (I - control efficiency) Description Earthmoving Stomge Piles Material Handling Total Control Efficiency % 68 75 68 Unmitigated PM10' lb/day o 9.68 0.01 9.69 Incremental Increase in Onsite Combustion Emissions from Onroad Mobile Vehicles Equation: Emission Factor (lb/mile) x No. of One-Way Trips/Day x 2 x Trip length (mile) = Mobile Emissions (lb/day) A-10 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project- Soil Hauling CO NOx PM10 ROG SOx Vehicle lb/day lb/day lb/day lb/day lb/day Haul Trucks 14.46 47.18 2.31 3.73 0.04 Employee Vehicles 4.62 0.49 0.03 0.47 0.00 Total 19.08 47.67 2.34 4.20 0.04 Total Incremental Localized Emissions from Construction Activities CO NOx PM10 ROG SDx Sources lb/day lb/day lb/day lb/day lb/day On-site Emissions 24.5 58.8 12.7 5.6 0.1 Significance Thresholdt 574 1991 13 N/.4 N/.4 Exceed Significance? NO NO NO NO NO Combustion and Fugitive Summary PM2.5 FractionU PM10 PM2.5 lb/day lb/day Combustion (Offroad) 0.92 0.6 0.6 Combustion (Onroad) 0.96 2.34 2.25 Fugitive 0.21 9.7 2 Total 12.7 4.9 Significance Thresholdt 8 Exceed Significance? NO Notes: PrQiect specific data may be entered into shaded cells. Changing the values in the shaded cells will not affect the integrity of the worksheets. Verify that llllits of values entered match units for cell. Adding lines or entering values with units different than those associated with the shaded cells may alter the integrity of the sheets or prochice incorrect results. a) Assumes 100 truck trips/day. b) Equipment name must match CARB Off-Road Model (see Off-Road Model EF worksheet) equipment name for sheet to look up EFs automatically c) SCAB values provided by the ARB, Oct 2006. Assumed equipment is diesel fueled. d) Caterpillar Performance Handbook, Edition 33, October 2003 Operating Speeds, p 2-3. e) Assuming 3,700 cubic yards of dirt handled [(3,700 cydx 2,500 Ib/cyd)/14 days = 660,714Ib/day] f) USEPA, AP-42, July 1998, Table 13.2.4-1 Typical Silt andMoisture Contents of Materials at Various Inchistries [Avg. of Sand (2.6) and Misc. fill materials (12)] g) Table A9-9-E2, SCAQMD CEQA Air Quality Handbook, 1993 h) Mean wind speed percent - percent of time mean wind speed exceeds 7 mph. Most conseIVative estimate given average of2.3 mph as derived from 2005-2007 weather data. i) Assumed storage piles are 1 acre in size j) USEPA, AP-42, BackgroundDocument for Revisions to Fine Fraction Ratios Used for AP-42 Fugitive Dust Emission Factors - November 2006, Aerodynamic particle size multiplier for aggregate storage and handling (assumed to be rougW equivalent to grading and stockpiling of basin soils) k) Mean wind sPeed - maximum of dailv average wind speeds reported in 2005 -2007 meteorological data. I) Assuming 3,700 cubic yards of dirt handled [(3,700 cydx 2,500 Iblcyd)/14 days - 660,714Ib/day] m) CARB, EMF ACl007 (version 2.3) Burden Model, Winter 2007, 75 F, 40% RH: EF, Iblyr = (EF, towyr x 2,000 Ib/ton)NMT n) Assumed 20 cubicyd truck capacity 3,700 cyd of dirt [(3,700 cyd x truckl30 cyd)/14 days = 10 one-way truck trips/day]. Assumed haul truck travels 10 miles round-trip 0) Assumed six foot wide water truck traverses over 27,000 square feet of disturbed area A-11 Localized Significance Threshold (LST) Analysis for the Ronald Reagan Sports Park Desiltation Basin Maintenance Project- Soil Hauling p) USEPA, AP-42,July 1998, Table 11.9-1, Equation for Site Grading::; 10 J.Ull q) USEPA, AP-42, Jan 1995, Section 13.2.4 Aggregate Handling and Storage Piles, Equation 1 r) USEPA, Fugitive Dust BackgrolllldDocument and Teclmical Information Document for Best Available Control Measures, Sept 1992, EPA-450/2-92-004, Equation 2-12 s) Includes watering at least three times a day per Rule 403 (68% control efficiency) and covering stockpiles with tarps (additional 7%). t) App. C of the Methodology Paper for applicable LSTs. u) ARB's CEIDARS database PM2.5 fractions - construction dust categmy for fugitive and diesel vehicle exhaust category for combustion. A-12 Highest (Most Conservative) Emfac 2007 (version 2.3) Em ission Factors for On-Road Heavy Heavy Duty Diesel Trucks Projects in the SCAQMD (Scenario Years 2007 - 2026) Derived from Peak Emissions Inventory (Winter, Annual, Summer) Vehicle Class: Heavy Heavy Duty Diesel Trucks (33,001 to 60,000 pounds) The following emission factors were compiled by running the California Air Resources Board's EMFAC2007 (version 2.3) Burden Model and extracting theHeavy Heavy Duty Diesel Truck (HHDT) Emission Factors. These emission factors can be used to calculate on-road mobile source emissions for the vehicle/emission categories listed in the tables below, by use of the following equation: Emissions (pounds per day) = N x TL x EF where N = number of trips, TL = trip length (miles/day), and EF = emission factor (pounds per mile) The HHDT-DSL vehicle/emission category accounts for all emissions from heavy heavy duty diesel trucks, including start, running and idling exhaust. In addition, ROG emission factors account for diurnal, hot soak, running and resting emissions, and the PM10 & PM2.5 emission factors account for tire and brake wear. The HHDT-DSL, Exh vehicle/emission category includes only the exhaust portion of PM10 & PM2.5 emissions from heavy heavy duty diesel trucks. HHDT-DSL (pounds/mile) CO 0.01446237 NO, 0.04718166 ROG 0.00372949 SO, 0.00003962 PM10 0.00230900 PM2.5 0.00204018 Scenario Year 2007 All model years inthe range 196510 2007 HHDT-DSL, Exh (pounds/mile) PM1010.00216752 PM2510.00199491 Scenario Year 2008 All model years inthe range 196510 2008 HHDT-DSL (pounds/mile) CO 0.01361368 NO, 0.04458017 ROG 0.00351579 SO, 0.00004136 PM10 0.00215635 PM2.5 0.00189990 HHDT-DSL, Exh (pounds/mile) PM10 0.00201296 PM2.5 0.00185303 HHDT-DSL (pounds/mile) CO 0.01282236 NO, 0.04184591 ROG 0.00329320 SO, 0.00004013 PM10 0.00199572 PM2.5 0.00175227 Scenario Year 2009 All model years inlhe range 196510 2009 HHDT-DSL, Exh (pounds/mile) PM1010.00185393 PM2510.00170680 HHDT-DSL (pounds/mile) CO 0.01195456 NO, 0.03822102 ROG 0.00304157 SO, 0.00004131 PM10 0.00183062 PM2.5 0.00160083 Scenario Year 2010 All model years inlhe range 196610 2010 HHDT-DSL, Exh (pounds/mile) PM1010.00168861 PM2.5 0.00155435 A-13 Highest (Most Conservative) Emfac 2007 (version 2.3) Em ission Factors for On-Road Heavy Heavy Duty Diesel Trucks Projects in the SCAQMD (Scenario Years 2007 - 2026) Derived from Peak Emissions Inventory (Winter, Annual, Summer) Vehicle Class: Heavy Heavy Duty Diesel Trucks (33,001 to 60,000 pounds) Scenario Year 2011 All model years inthe range 196710 2011 HHDT-DSL, Exh (pounds/mile) PM1010.00151936 PM2510.00139772 HHDT-DSL (pounds/mile) CO 0.01112463 NO, 0.03455809 ROG 0.00279543 SO, 0.00003972 PM10 0.00166087 PM2.5 0.00144489 Scenario Year 2013 All model years inthe range 196910 2013 HHDT-DSL, Exh (pounds/mile) PM1010.00119623 PM2S10.00109863 HHDT-DSL (pounds/mile) CO 0.00931790 NO, 0.02742935 ROG 0.00226308 SO, 0.00004086 PM10 0.00133697 PM2.5 0.00114629 Scenario Year 2015 All model years inthe range 1971 to 2015 HHDT-DSL, Exh (pounds/mile) PM1010.00090631 PM2S10.00083282 HHDT-DSL (pounds/mile) CO 0.00766891 NO, 0.02122678 ROG 0.00178608 SO, 0.00004082 PM10 0.00104715 PM2.5 0.00087977 Scenario Year 2012 All model years inthe range 196810 2012 HHDT-DSL (pounds/milel CO 0.01021519 NO, 0.03092379 ROG 0.00252764 SO, 0.00004042 PM10 0.00149566 PM2.5 0.00129354 HHDT-DSL, Exh (pounds/mile) PM10 0.00135537 PM2.5 0.00124837 Scenario Year 2014 All model years inlhe range 197010 2014 HHDT-DSL (pounds/mile) CO 0.00846435 NO, 0.02418049 ROG 0.00201594 SO, 0.00004092 PM10 0.00118458 PM2.5 0.00100582 HHDT-DSL, Exh (pounds/mile) PM10 0.00104243 PM2.5 0.00096059 Scenario Year 2016 All model years inlhe range 197210 2016 HHDT-DSL, Exh (pounds/mile) PM1010.00080419 PM2.5 0.00073898 HHDT-DSL (pounds/mile) CO 0.00704604 NO, 0.01887374 ROG 0.00161035 SO, 0.00003952 PM10 0.00094448 PM2.5 0.00078443 A-14 Highest (Most Conservative) Emfac 2007 (version 2.3) Em ission Factors for On-Road Heavy Heavy Duty Diesel Trucks Projects in the SCAQMD (Scenario Years 2007 - 2026) Derived from Peak Emissions Inventory (Winter, Annual, Summer) Vehicle Class: Heavy Heavy Duty Diesel Trucks (33,001 to 60,000 pounds) Scenario Year 2017 All model years inthe range 197310 2017 HHDT-DSL, Exh (pounds/mile) PM1010.00070873 PM2S10.00065111 HHDT-DSL (pounds/mile) CO 0.00650533 NO, 0.01690387 ROG 0.00145203 SO, 0.00004033 PM10 0.00084894 PM2.5 0.00069721 Scenario Year 2019 All model years inthe range 197510 2019 HHDT-DSL, Exh (pounds/mile) PM1010.00056085 PM2S10.00051320 HHDT-DSL (pounds/mile) CO 0.00565433 NO, 0.01389113 ROG 0.00120235 SO, 0.00004032 PM10 0.00070198 PM2.5 0.00056085 Scenario Year 2021 All model years inthe range 197710 2021 HHDT-DSL, Exh (pounds/mile) PM1010.00045411 PM2510.00041729 HHDT-DSL (pounds/mile) CO 0.00503726 NO, 0.01179977 ROG 0.00103095 SO, 0.00004033 PM10 0.00059437 PM2.5 0.00046287 Scenario Year 2018 All model years inthe range 197410 2018 HHDT-DSL, Exh (pounds/mile) PM1010.00062758 PM2.5 0.00057700 HHDT-DSL (pounds/mile) CO 0.00604721 NO, 0.01526414 ROG 0.00131697 SO, 0.00003934 PM10 0.00076808 PM2.5 0.00062383 Scenario Year 2020 All model years inlhe range 197610 2020 HHDT-DSL (pounds/mile) CO 0.00532242 NO, 0.01274755 ROG 0.00110621 SO, 0.00003957 PM10 0.00064574 PM2.5 0.00050904 HHDT-DSL, Exh (pounds/mile) PM10 0.00050364 PM2.5 0.00046227 Scenario Year 2022 All model years inlhe range 197810 2022 HHDT-DSL (pounds/mile) CO 0.00478830 NO, 0.01098794 ROG 0.00096142 SO, 0.00004106 PM10 0.00055427 PM2.5 0.00042597 HHDT-DSL, Exh (pounds/mile) PM10 0.00041399 PM2.5 0.00037807 A-15 Highest (Most Conservative) Emfac 2007 (version 2.3) Em ission Factors for On-Road Heavy Heavy Duty Diesel Trucks Projects in the SCAQMD (Scenario Years 2007 - 2026) Derived from Peak Emissions Inventory (Winter, Annual, Summer) Vehicle Class: Heavy Heavy Duty Diesel Trucks (33,001 to 60,000 pounds) Scenario Year 2023 All model years inthe range 197910 2023 HHDT-DSL, Exh (pounds/mile) PM1010.00037922 PM2510.00034915 HHDT-DSL (pounds/mile) CO 0.00457902 NO, 0.01031407 ROG 0.00090210 SO, 0.00004009 PM10 0.00052122 PM2.5 0.00039592 Scenario Year 2024 All model years inthe range 198010 2024 HHDT-DSL (pounds/milel CO 0.00444444 NO, 0.00974372 ROG 0.00084009 SO, 0.00003930 PM10 0.00050766 PM2.5 0.00038320 Scenario Year 2025 All model years inthe range 1981 to 2025 HHDT-DSL, Exh (pounds/mile) PM1010.00034397 PM2S10.00031664 HHDT-DSL (pounds/mile) CO 0.00431086 NO, 0.00932573 ROG 0.00080206 SO, 0.00004018 PM10 0.00048541 PM2.5 0.00036326 HHDT-DSL, Exh (pounds/mile) PM10 0.00036682 PM2.5 0.00033735 Scenario Year 2026 All model years inthe range 198210 2026 HHDT-DSL, Exh (pounds/mile) PM10 0.00032670 PM2.510.00029830 HHDT-DSL (pounds/mile) CO 0.00420297 NO, 0.00898990 ROG 0.00077178 SO, 0.00003946 PM10 0.00046717 PM2.5 0.00034564 A-16 Highest (Most Conservative) Emfac 2007 (version 2.3) Emission Factors for On-Road Passenger Vehicles & Delivery Trucks Projects in the SCAQMD (Scenario Years 2007 - 2026) Derived from Peak Emissions Inventory (Winter, Annual, Summer) Vehicle Class: Passenger Vehicles (<8500 pounds) & Delivery Trucks (>8500 pounds) The following emission factors were compiled by running the California Air Resources Board's EMFAC2007 (version 2.3) Burden Model, taking the weighted average of vehicle types and simplifying into two categories: Passenger Vehicles & Delivery Trucks. These emission factors can be used to calculate on-road mobile source emissions for the vehicle categories listed in the tables below, by use of the following equation: Emissions (pounds per day) = N x TL x EF where N = number of trips, TL = trip length (miles/day), and EF = emission factor (pounds per mile) This methodology replaces the old EMFAC emission factors in Tables A-9-5-J-1 through A-9-5-L in Appendix A9 of the current SCAQMD CEQA Handbook. All the emission factors account for the emissions from start, running and idling exhaust. In addition, the ROG emission factors include diurnal, hot soak, running and resting emissions, and the PM1 0 & PM2.5 emission factors include tire and brake wear. Scenario Year 2007 All model years inthe range 196510 2007 Passenger Vehicles (pounds/mile) CO 0.01155158 NO, 0.00121328 ROG 0.00118234 SO, 0.00001078 PM10 0.00008447 PM2.5 0.00005243 Delivery Trucks (pounds/mile) CO 0.02407553 NO, 0.02508445 ROG 0.00323145 SO, 0.00002626 PM10 0.00091020 PM2.5 0.00078884 Scenario Year 2009 All model years inlhe range 196510 2009 Passenger Vehicles (pounds/mile) CO 0.00968562 NO, 0.00100518 ROG 0.00099245 SO, 0.00001066 PM10 0.00008601 PM2.5 0.00005384 Delivery Trucks (pounds/mile) CO 0.02016075 NO, 0.02236636 ROG 0.00278899 SO, 0.00002679 PM10 0.00080550 PM2.5 0.00069228 Scenario Year 2008 All model years inlhe range 196510 2008 Passenger Vehicles (pounds/mile) CO 0.01054844 NO, 0.00110288 ROG 0.00107919 SOo< 0.00001075 PM10 0.00008505 PM2.5 0.00005293 Delivery Trucks (pounds/mile) CO 0.02194915 NO, 0.02371258 ROG 0.00299270 SO, 0.00002565 PM10 0.00085607 PM2.5 0.00073933 Scenario Year 2010 All model years inlhe range 196610 2010 Passenger Vehicles (pounds/mile) CO 0.00826276 NO, 0.00091814 ROG 0.00091399 SO, 0.00001077 PM10 0.00008698 PM2.5 0.00005478 Delivery Trucks (pounds/mile) CO 0.01843765 NO, 0.02062460 ROG 0.00258958 SO, 0.00002701 PM10 0.00075121 PM2.5 0.00064233 A-17 Highest (Most Conservative) Emfac 2007 (version 2.3) Emission Factors for On-Road Passenger Vehicles & Delivery Trucks Projects in the SCAQMD (Scenario Years 2007 - 2026) Derived from Peak Emissions Inventory (Winter, Annual, Summer) Vehicle Class: Passenger Vehicles (<8500 pounds) & Delivery Trucks (>8500 pounds) Scenario Year 2011 All model years inthe range 196710 2011 Passenger Vehicles (pounds/mile) CO 0.00826276 NO, 0.00084460 ROG 0.00085233 SO, 0.00001077 PM10 0.00008879 PM2.5 0.00005653 Delivery Trucks (pounds/mile) CO 0.01693242 NO, 0.01893366 ROG 0.00241868 SO, 0.00002728 PM10 0.00070097 PM2.5 0.00059682 Scenario Year 2013 All model years inthe range 196910 2013 Passenger Vehicles (pounds/mile) CO 0.00709228 NO, 0.00071158 ROG 0.00074567 SO, 0.00001072 PM10 0.00009067 PM2.5 0.00005834 Delivery Trucks (pounds/mile) CO 0.01407778 NO, 0.01577311 ROG 0.00206295 SO, 0.00002682 PM10 0.00059956 PM2.5 0.00050174 Scenario Year 2015 All model years inthe range 1971 to 2015 Passenger Vehicles (pounds/mile) CO 0.00614108 NO, 0.00060188 ROG 0.00066355 SO, 0.00001070 PM10 0.00009259 PM2.5 0.00006015 Delivery Trucks (pounds/mile) CO 0.01169445 NO, 0.01285026 ROG 0.00173890 SO, 0.00002741 PM10 0.00050307 PM2.5 0.00041268 Scenario Year 2012 All model years inlhe range 196810 2012 Passenger Vehicles (pounds/mile) CO 0.00765475 NO, 0.00077583 ROG 0.00079628 SO, 0.00001073 PM10 0.00008979 PM2.5 0.00005750 Delivery Trucks (pounds/mile) CO 0.01545741 NO, 0.01732423 ROG 0.00223776 SO, 0.00002667 PM10 0.00064975 PM2.5 0.00054954 Scenario Year 2014 All model years inlhe range 197010 2014 Passenger Vehicles (pounds/mile) CO 0.00660353 NO, 0.00065484 ROG 0.00070227 SO, 0.00001069 PM10 0.00009185 PM2.5 0.00005939 Delivery Trucks (pounds/mile) CO 0.01284321 NO, 0.01425162 ROG 0.00189649 SO, 0.00002754 PM10 0.00054929 PM2.5 0.00045519 Scenario Year 2016 All model years inlhe range 197210 2016 Passenger Vehicles (pounds/mile) CO 0.00575800 NO, 0.00055658 ROG 0.00063254 SO, 0.00001071 PM10 0.00009392 PM2.5 0.00006131 Delivery Trucks (pounds/mile) CO 0.01080542 NO, 0.01172881 ROG 0.00161521 SO, 0.00002767 PM10 0.00046606 PM2.5 0.00037868 A-18 Highest (Most Conservative) Emfac 2007 (version 2.3) Emission Factors for On-Road Passenger Vehicles & Delivery Trucks Projects in the SCAQMD (Scenario Years 2007 - 2026) Derived from Peak Emissions Inventory (Winter, Annual, Summer) Vehicle Class: Passenger Vehicles (<8500 pounds) & Delivery Trucks (>8500 pounds) Scenario Year 2017 All model years inthe range 197310 2017 Passenger Vehicles (pounds/mile) CO 0.00537891 NO, 0.00051297 ROG 0.00060109 SO, 0.00001079 PM10 0.00009446 PM2.5 0.00006192 Delivery Trucks (pounds/mile) CO 0.00998101 NO, 0.01070034 ROG 0.00150242 SO, 0.00002723 PM10 0.00043131 PM2.5 0.00034605 Scenario Year 2019 All model years inthe range 197510 2019 Passenger Vehicles (pounds/mile) CO 0.00471820 NO, 0.00043716 RaG 0.00054654 SO, 0.00001072 PM10 0.00009523 PM2.5 0.00006259 Delivery Trucks (pounds/mile) CO 0.00857192 NO, 0.00900205 ROG 0.00130563 SO, 0.00002706 PM10 0.00037393 PM2.5 0.00029276 Scenario Year 2021 All model years inthe range 197710 2021 Passenger vehicles (pounds/mile) CO 0.00421218 NO, 0.00037757 ROG 0.00050573 SO, 0.00001073 PM10 0.00009640 PM2.5 0.00006364 ueliveryTrucKs (pounds/mile) CO 0.00748303 NO, 0.00773500 ROG 0.00115568 SO, 0.00002755 PM10 0.00033125 PM2.5 0.00025331 Scenario Year 2018 All model years inlhe range 197410 2018 Passenger Vehicles (pounds/mile) CO 0.00502881 NO, 0.00047300 ROG 0.00057178 SO, 0.00001071 PM10 0.00009494 PM2.5 0.00006234 Delivery Trucks (pounds/mile) CO 0.00923234 NO, 0.00979416 ROG 0.00139856 SO, 0.00002749 PM10 0.00040110 PM2.5 0.00031792 Scenario Year 2020 All model years inlhe range 197610 2020 Passenger Vehicles (pounds/mile) CO 0.00444247 NO, 0.00040506 ROG 0.00052463 SO, 0.00001073 PM10 0.00009550 PM2.5 0.00006279 Delivery Trucks (pounds/mile) CO 0.00799617 NO, 0.00831802 ROG 0.00122382 SO, 0.00002733 PM10 0.00035054 PM2.5 0.00027128 Scenario Year 2022 All model years inlhe range 197810 2022 Passengervenicles (pounds/mile) CO 0.00397866 NO, 0.00035150 ROG 0.00048658 SO, 0.00001072 PM10 0.00009661 PM2.5 0.00006389 Delivery I rUCKS (pounds/mile) CO 0.00699290 NO, 0.00722470 ROG 0.00108569 SO, 0.00002774 PM10 0.00031501 PM2.5 0.00023906 A-19 Highest (Most Conservative) Emfac 2007 (version 2.3) Emission Factors for On-Road Passenger Vehicles & Delivery Trucks Projects in the SCAQMD (Scenario Years 2007 - 2026) Derived from Peak Emissions Inventory (Winter, Annual, Summer) Vehicle Class: Passenger Vehicles (<8500 pounds) & Delivery Trucks (>8500 pounds) Scenario Year 2023 All model years in the range 197910 2023 assengervenicles Inounds/milel CO 0.00377527 NO, 0.00032851 ROG 0.00046900 SO, 0.00001070 PM10 0.00009676 PM2.5 0.00006405 ueliveryTrucks Inounds/milel CO 0.00658123 NO, 0.00679147 ROG 0.00102852 SO, 0.00002790 PM10 0.00030109 PM2.5 0.00022582 Scenario Year 2025 All model years in the range 198110 2025 Passenger Vehicles (pounds/mile) CO 0.00342738 NO, 0.00028846 ROG 0.00043545 SO, 0.00001070 PM10 0.00009679 PM2.5 0.00006418 Delivery Trucks (pounds/mile) CO 0.00595363 NO, 0.00615945 ROG 0.00092178 SO, 0.00002761 PM10 0.00028425 PM2.5 0.00020958 Scenario Year 2024 All model years inthe range 198010 2024 assengerVehicles Inounds/milel CO 0.00358611 NO, 0.00030721 ROG 0.00045136 SOo< 0.00001080 PM10 0.00009676 PM2.5 0.00006410 uelivery I rucks Inounds/milel CO 0.00625076 NO, 0.00647083 ROG 0.00096578 SO, 0.00002807 PM10 0.00029407 PM2.5 0.00021880 Scenario Year 2026 All model years inlhe range 198210 2026 Passenger Vehicles (pounds/mile) CO 0.00328779 NO, 0.00027141 ROG 0.00042052 SO, 0.00001076 PM10 0.00009687 PM2.5 0.00006415 A-20 Delivery Trucks (pounds/mile) CO 0.00569435 NO, 0.00589869 ROG 0.00088403 SO, 0.00002716 PM10 0.00027657 PM2.5 0.00020187 SCAB Fleet Average Emission Factors (Diesel) 2007 lAir Basin sc llb/hr) llb/hr) llb/hr) llb/hr) llb/hr) llb/hr) Equipment MaxHP ROG CO NOX SOX PM CO2 Aerial Lifts 15 0.0120 0.0539 0.0784 0.0001 0.0055 8.7 25 0.0268 0.0678 0.1103 0.0001 0.0083 11.0 50 0.0867 0.2042 0.2062 0.0003 0.0210 19.6 120 0.0819 0.2563 0.5110 0.0004 0.0398 38.1 500 0.1827 0.7381 2.2160 0.0021 0.0703 212.9 750 0.3397 1.3341 4.1001 0.0039 0.1287 384.8 Aerial Lifts Composite 0.0781 0.2253 0.4026 0.0004 0.0279 34.7 Air Compressors 15 0.0163 0.0539 0.0928 0.0001 0.0071 7.2 25 0.0376 0.0934 0.1473 0.0002 0.0113 14.4 50 0.1306 0.2933 0.2468 0.0003 0.0290 22.3 120 0.1158 0.3415 0.6762 0.0006 0.0591 47.0 175 0.1434 0.5150 1.1478 0.0010 0.0615 88.5 250 0.1459 0.4071 1.6003 0.0015 0.0557 131.2 500 0.2288 0.8865 2.5465 0.0023 0.0889 231.7 750 0.3607 1.3701 4.0281 0.0036 0.1390 358.1 1000 0.6027 2.3256 6.5406 0.0049 0.2054 486.4 Air Compressors Composite 0.1285 0.3872 0.8302 0.0007 0.0579 63.6 Bore/Drill Rigs 15 0.0124 0.0632 0.0788 0.0002 0.0057 10.3 25 0.0222 0.0689 0.1397 0.0002 0.0089 16.0 50 0.0980 0.2886 0.2959 0.0004 0.0288 31.0 120 0.1208 0.5011 0.8412 0.0009 0.0680 77.1 175 0.1383 0.7539 1.2916 0.0016 0.0650 141.1 250 0.1125 0.3532 1.6315 0.0021 0.0426 188.1 500 0.1628 0.5678 2.2334 0.0031 0.0659 311.3 750 0.3368 1.1219 4.6545 0.0062 0.1342 615.1 1000 0.7011 1.9338 9.8820 0.0093 0.2471 928.3 Bore/Drill Rigs Composite 0.1457 0.5388 1.4734 0.0017 0.0648 165.0 Cement and Morta 15 0.0092 0.0399 0.0596 0.0001 0.0042 6.3 25 0.0428 0.1084 0.1763 0.0002 0.0133 17.6 Cement and Mortar Mixers Com 0.0120 0.0455 0.0693 0.0001 0.0050 7.2 Concrete/Industria 25 0.0215 0.0689 0.1402 0.0002 0.0089 16.5 50 0.1513 0.3517 0.3238 0.0004 0.0352 30.2 120 0.1654 0.5152 1.0187 0.0009 0.0830 74.1 175 0.2336 0.8939 1.9684 0.0018 0.0987 160.2 Concrete/Industrial Saws Compc 0.1561 0.4487 0.7639 0.0007 0.0640 58.5 Cran es 50 0.1555 0.3455 0.2666 0.0003 0.0334 23.2 120 0.1338 0.3855 0.7667 0.0006 0.0693 50.1 175 0.1417 0.4975 1.1009 0.0009 0.0615 80.3 250 0.1478 0.4119 1.4665 0.0013 0.0571 112.2 500 0.2121 0.8483 2.1049 0.0018 0.0819 180.1 750 0.3600 1.4213 3.6197 0.0030 0.1389 303.0 9999 1.2786 5.2275 13.5665 0.0098 0.4345 970.6 Cranes Composite 0.1882 0.6365 1.6948 0.0014 0.0755 128.7 Crawler Tractors 50 0.1727 0.3812 0.2897 0.0003 0.0368 24.9 120 0.1844 0.5217 1.0539 0.0008 0.0941 65.8 175 0.2256 0.7814 1.7367 0.0014 0.0979 121.2 A-21 SCAB Fleet Average Emission Factors (Diesel) 250 0.2386 0.6707 2.2824 0.0019 0.0932 166.1 500 0.3324 1.5264 3.1976 0.0025 0.1289 259.2 750 0.5988 2.7193 5.8408 0.0047 0.2324 464.7 1000 0.9273 4.2839 9.5523 0.0066 0.3239 658.1 Crawler Tractors Composite 0.2180 0.7090 1.6218 0.0013 0.0988 114.0 Crushing/Proc. Eq 50 0.2623 0.5917 0.4879 0.0006 0.0582 44.0 120 0.2051 0.6092 1.1923 0.0010 0.1061 83.1 175 0.2709 0.9819 2.1527 0.0019 0.1174 167.3 250 0.2682 0.7429 2.9565 0.0028 0.1022 244.5 500 0.3634 1.3803 4.0348 0.0037 0.1413 373.6 750 0.5796 2.0915 6.5366 0.0059 0.2229 588.8 9999 1.6038 5.9800 17.5501 0.0131 0.5443 1,307.8 Crushing/Proc. Equipment Com!: 0.2499 0.7817 1.6553 0.0015 0.1048 132.3 DumpersfTenders I 25 0.0137 0.0383 0.0709 0.0001 0.0049 7.6 DumpersfTenders Composite 0.0137 0.0383 0.0709 0.0001 0.0049 7.6 Excavators 25 0.0206 0.0677 0.1353 0.0002 0.0088 16.4 50 0.1510 0.3526 0.2778 0.0003 0.0341 25.0 120 0.1786 0.5504 1.0305 0.0009 0.0963 73.6 175 0.1792 0.6758 1.3897 0.0013 0.0794 112.2 250 0.1726 0.4642 1.8559 0.0018 0.0641 158.7 500 0.2295 0.7653 2.3809 0.0023 0.0858 233.7 750 0.3841 1.2645 4.0758 0.0039 0.1444 387.4 Excavators Composite 0.1816 0.5977 1.4225 0.0013 0.0776 119.6 Forklifts 50 0.0932 0.2119 0.1643 0.0002 0.0206 14.7 120 0.0786 0.2337 0.4359 0.0004 0.0428 31.2 175 0.0934 0.3343 0.7024 0.0006 0.0416 56.1 250 0.0762 0.1920 0.8930 0.0009 0.0273 77.1 500 0.0988 0.2777 1.1190 0.0011 0.0364 111.0 Forklifts Composite 0.0861 0.2495 0.6430 0.0006 0.0346 54.4 Generator Sets 15 0.0198 0.0761 0.1277 0.0002 0.0081 10.2 25 0.0349 0.1140 0.1798 0.0002 0.0123 17.6 50 0.1294 0.3076 0.3197 0.0004 0.0318 30.6 120 0.1638 0.5185 1.0338 0.0009 0.0791 77.9 175 0.1944 0.7569 1.6938 0.0016 0.0795 142.0 250 0.1982 0.5974 2.3843 0.0024 0.0737 212.5 500 0.2824 1.1211 3.4731 0.0033 0.1084 336.9 750 0.4695 1.8098 5.7390 0.0055 0.1771 543.8 9999 1.1949 4.4076 13.2584 0.0105 0.4151 1,048.6 Generator Sets Composite 0.1130 0.3549 0.7249 0.0007 0.0446 61.0 Graders 50 0.1733 0.3929 0.3101 0.0004 0.0381 27.5 120 0.1902 0.5657 1.1025 0.0009 0.0996 75.0 175 0.2073 0.7540 1.6258 0.0014 0.0907 123.9 250 0.2088 0.5808 2.1482 0.0019 0.0803 172.1 500 0.2487 0.9672 2.5414 0.0023 0.0960 229.5 750 0.5320 2.0374 5.5148 0.0049 0.2053 485.7 Graders Composite 0.2055 0.6712 1.7198 0.0015 0.0886 132.7 Off-Highway Tract 120 0.2830 0.7723 1.6142 0.0011 0.1402 93.7 175 0.2641 0.8840 2.0209 0.0015 0.1135 130.4 250 0.2149 0.6125 1.9515 0.0015 0.0852 130.4 750 0.8341 4.3552 7.8223 0.0057 0.3265 568.1 1000 1.2771 6.7362 12.5734 0.0082 0.4551 814.3 Off-Highway Tractors Composite 0.2692 0.9270 2.2742 0.0017 0.1107 151.5 A-22 SCAB Fleet Average Emission Factors (Diesel) Off-Highway Truck 175 0.2093 0.7697 1.5881 0.0014 0.0920 125.1 250 0.1933 0.5096 1.9993 0.0019 0.0709 166.5 500 0.2870 0.9451 2.8530 0.0027 0.1051 272.3 750 0.4689 1.5279 4.7727 0.0044 0.1730 441.7 1000 0.7528 2.6058 8.3284 0.0063 0.2569 624.7 Off-Highway Trucks Composite 0.2881 0.9133 2.9144 0.0027 0.1056 260.1 Other Construction 15 0.0121 0.0617 0.0770 0.0002 0.0056 10.1 25 0.0183 0.0570 0.1155 0.0002 0.0074 13.2 50 0.1356 0.3262 0.2942 0.0004 0.0324 28.0 120 0.1711 0.5607 1.0579 0.0009 0.0896 80.9 175 0.1464 0.5955 1.2309 0.0012 0.0641 106.5 500 0.2095 0.7692 2.4473 0.0025 0.0825 254.2 Other Construction Equipment C 0.1311 0.4749 1.2411 0.0013 0.0539 122.8 Other Generallnd 15 0.0067 0.0391 0.0470 0.0001 0.0034 6.4 25 0.0192 0.0632 0.1266 0.0002 0.0082 15.3 50 0.1476 0.3260 0.2499 0.0003 0.0317 21.7 120 0.1671 0.4756 0.9336 0.0007 0.0877 62.0 175 0.1706 0.5880 1.3014 0.0011 0.0746 95.9 250 0.1630 0.4366 1.7266 0.0015 0.0614 135.6 500 0.2851 1.0467 3.0123 0.0026 0.1087 265.4 750 0.4755 1.7251 5.0871 0.0044 0.1816 437.4 1000 0.7280 2.7744 7.7949 0.0056 0.2473 559.6 Other General Industrial Equipm 0.2111 0.6987 1.9012 0.0016 0.0850 152.2 Other Material Ha 50 0.2034 0.4495 0.3473 0.0004 0.0437 30.3 120 0.1620 0.4626 0.9094 0.0007 0.0848 60.7 175 0.2152 0.7444 1.6495 0.0014 0.0939 122.1 250 0.1729 0.4654 1.8395 0.0016 0.0653 145.0 500 0.2038 0.7541 2.1690 0.0019 0.0781 191.6 9999 0.9597 3.6689 10.2941 0.0073 0.3256 741.3 Other Material Handling Equipm 0.2038 0.6298 1.8362 0.0015 0.0819 141.2 Pavers 25 0.0368 0.0997 0.1770 0.0002 0.0125 18.7 50 0.1881 0.4131 0.3234 0.0004 0.0401 28.0 120 0.1921 0.5429 1.1172 0.0008 0.0958 69.2 175 0.2363 0.8214 1.8559 0.0014 0.1015 128.3 250 0.2844 0.8186 2.7050 0.0022 0.1128 194.4 500 0.3028 1.4943 2.9397 0.0023 0.1194 233.2 Pavers Composite 0.2062 0.6000 1.1291 0.0009 0.0799 77.9 Paving Equipment 25 0.0175 0.0544 0.1103 0.0002 0.0070 12.6 50 0.1593 0.3498 0.2759 0.0003 0.0340 23.9 120 0.1501 0.4247 0.8753 0.0006 0.0748 54.5 175 0.1842 0.6413 1.4542 0.0011 0.0789 101.0 250 0.1774 0.5124 1.6935 0.0014 0.0704 122.3 Paving Equipment Composite 0.1556 0.4693 1.0333 0.0008 0.0708 69.0 Plate Compactors I 15 0.0054 0.0263 0.0351 0.0001 0.0025 4.3 Plate Compactors Composite 0.0054 0.0263 0.0351 0.0001 0.0025 4.3 Pressure Washers 15 0.0095 0.0365 0.0612 0.0001 0.0039 4.9 25 0.0142 0.0462 0.0729 0.0001 0.0050 7.1 50 0.0491 0.1223 0.1449 0.0002 0.0131 14.3 120 0.0463 0.1529 0.3055 0.0003 0.0216 24.1 Pressure Washers Composite 0.0235 0.0705 0.1079 0.0001 0.0081 9.4 Pumps I 15 0.0168 0.0554 0.0954 0.0001 0.0073 7.4 25 0.0507 0.1260 0.1987 0.0002 0.0153 19.5 A-23 SCAB Fleet Average Emission Factors (Diesel) 50 0.1541 0.3621 0.3619 0.0004 0.0371 34.3 120 0.1685 0.5265 1.0488 0.0009 0.0822 77.9 175 0.1977 0.7584 1.6961 0.0016 0.0816 140.1 250 0.1941 0.5771 2.2926 0.0023 0.0727 201.4 500 0.2982 1.2024 3.5991 0.0034 0.1149 345.2 750 0.5068 1.9878 6.0902 0.0057 0.1923 570.7 9999 1.5682 5.9197 17.3104 0.0136 0.5441 1,354.8 Pumps Composite 0.1090 0.3243 0.6224 0.0006 0.0439 49.6 Rollers 15 0.0076 0.0386 0.0482 0.0001 0.0035 6.3 25 0.0185 0.0575 0.1165 0.0002 0.0074 13.3 50 0.1520 0.3436 0.2884 0.0003 0.0338 26.0 120 0.1450 0.4326 0.8650 0.0007 0.0734 59.0 175 0.1748 0.6399 1.4195 0.0012 0.0748 108.1 250 0.1867 0.5391 1.9194 0.0017 0.0729 153.1 500 0.2375 1.0016 2.4749 0.0022 0.0933 219.1 Rollers Composite 0.1410 0.4419 0.9073 0.0008 0.0629 67.1 Rough Terrain For 50 0.2019 0.4635 0.3746 0.0004 0.0452 33.9 120 0.1508 0.4598 0.8819 0.0007 0.0798 62.4 175 0.1981 0.7390 1.5699 0.0014 0.0871 124.9 250 0.1880 0.5203 2.0303 0.0019 0.0716 170.8 500 0.2518 0.8995 2.6920 0.0025 0.0973 256.6 Rough Terrain Forklifts Composi 0.1576 0.4928 0.9631 0.0008 0.0800 70.3 Rubber Tired Doz 175 0.2712 0.8964 2.0450 0.0015 0.1164 129.5 250 0.3139 0.8843 2.8004 0.0021 0.1236 183.5 500 0.4045 2.1197 3.6630 0.0026 0.1563 264.9 750 0.6094 3.1710 5.5926 0.0040 0.2361 398.8 1000 0.9543 5.0610 9.2959 0.0060 0.3417 591.9 Rubber Tired Dozers Composite 0.3789 1.6950 3.4143 0.0025 0.1474 239.1 Rubber Tired Load 25 0.0221 0.0708 0.1440 0.0002 0.0092 16.9 50 0.1938 0.4399 0.3495 0.0004 0.0427 31.1 120 0.1480 0.4419 0.8601 0.0007 0.0775 58.9 175 0.1759 0.6425 1.3849 0.0012 0.0769 106.3 250 0.1781 0.4959 1.8452 0.0017 0.0684 149.0 500 0.2528 0.9705 2.6039 0.0023 0.0977 237.0 750 0.5240 1.9793 5.4711 0.0049 0.2022 485.5 1000 0.7317 2.8295 8.0073 0.0060 0.2487 593.9 Rubber Tired Loaders Composit 0.1730 0.5552 1.3821 0.0012 0.0768 108.6 Scrapers 120 0.2643 0.7453 1.5133 0.0011 0.1342 93.9 175 0.2768 0.9565 2.1368 0.0017 0.1199 148.1 250 0.3046 0.8606 2.9011 0.0024 0.1195 209.5 500 0.4168 1.9484 4.0046 0.0032 0.1622 321.4 750 0.7239 3.3467 7.0442 0.0056 0.2818 555.3 Scrapers Composite 0.3677 1.5249 3.3991 0.0027 0.1465 262.5 Signal Boards 15 0.0072 0.0377 0.0453 0.0001 0.0033 6.2 50 0.1740 0.4062 0.3843 0.0005 0.0411 36.2 120 0.1772 0.5523 1.0878 0.0009 0.0884 80.2 175 0.2227 0.8540 1.8787 0.0017 0.0939 154.5 250 0.2504 0.7317 2.9189 0.0029 0.0951 255.3 Signal Boards Composite 0.0254 0.0972 0.1806 0.0002 0.0115 16.7 Skid Steer Loader 25 0.0315 0.0814 0.1358 0.0002 0.0100 13.8 50 0.1126 0.2842 0.2606 0.0003 0.0282 25.5 120 0.0840 0.2923 0.5256 0.0005 0.0455 42.8 A-24 SCAB Fleet Average Emission Factors (Diesel) Skid Steer Loaders Composite 0.0981 0.2735 0.3375 0.0004 0.0326 30.3 Surfacing Equipm 50 0.0708 0.1644 0.1519 0.0002 0.0165 14.1 120 0.1455 0.4496 0.9017 0.0007 0.0718 63.8 175 0.1281 0.4896 1.0832 0.0010 0.0539 85.8 250 0.1521 0.4563 1.6282 0.0015 0.0589 134.9 500 0.2227 0.9888 2.4265 0.0022 0.0873 221.2 750 0.3558 1.5437 3.8879 0.0035 0.1379 347.0 Surfacing Equipment Composite 0.1864 0.7654 1.8498 0.0017 0.0712 166.0 Sweepers/Scrubb 15 0.0125 0.0729 0.0878 0.0002 0.0064 11.9 25 0.0251 0.0821 0.1673 0.0002 0.0106 19.6 50 0.1973 0.4427 0.3522 0.0004 0.0434 31.6 120 0.1885 0.5540 1.0600 0.0009 0.1003 75.0 175 0.2297 0.8158 1.7675 0.0016 0.1010 139.0 250 0.1660 0.4343 1.9127 0.0018 0.0611 162.0 Sweepers/Scrubbers Composite 0.1963 0.5672 1.0277 0.0009 0.0819 78.5 Tractors/Loaders! 25 0.0254 0.0741 0.1443 0.0002 0.0095 15.9 50 0.1684 0.3985 0.3286 0.0004 0.0389 30.3 120 0.1179 0.3748 0.6979 0.0006 0.0635 51.7 175 0.1513 0.5918 1.2085 0.0011 0.0672 101.4 250 0.1714 0.4715 1.9310 0.0019 0.0643 171.7 500 0.3074 1.0278 3.3772 0.0039 0.1177 344.9 750 0.4689 1.5370 5.2373 0.0058 0.1793 517.3 Tractors/Loaders/Backhoes COlT 0.1307 0.4142 0.8303 0.0008 0.0639 66.8 Trenchers 15 0.0099 0.0517 0.0622 0.0001 0.0046 8.5 25 0.0429 0.1377 0.2800 0.0004 0.0179 32.9 50 0.2110 0.4651 0.3764 0.0004 0.0454 32.9 120 0.1767 0.5030 1.0427 0.0008 0.0868 64.9 175 0.2602 0.9129 2.0726 0.0016 0.1109 143.9 250 0.3246 0.9471 3.0938 0.0025 0.1293 222.9 500 0.4018 2.0679 3.9323 0.0031 0.1591 311.3 750 0.7640 3.8743 7.5254 0.0059 0.3008 586.9 Trenchers Composite 0.1942 0.5171 0.8578 0.0007 0.0714 58.7 Welders 15 0.0140 0.0463 0.0798 0.0001 0.0061 6.2 25 0.0294 0.0730 0.1151 0.0001 0.0088 11.3 50 0.1392 0.3169 0.2825 0.0003 0.0317 26.0 120 0.0931 0.2798 0.5556 0.0005 0.0468 39.5 175 0.1516 0.5570 1.2432 0.0011 0.0642 98.2 250 0.1264 0.3603 1.4180 0.0013 0.0481 119.1 500 0.1582 0.6316 1.8085 0.0016 0.0615 167.6 Welders Composite 0.0917 0.2336 0.3191 0.0003 0.0297 25.6 A-25 Appendix B BIOLOGICAL RESOURCES TECHNICAL REPORTS Habitat Assessment January 29, 2007 and Least Bell's Vireo Focused Survey Report September 4, 2007 ..~~ Habitat Assessment for Ronald Reagan Sports Park Slit Removal Project Assessor Parcel Number 94S-OS0-000 (Total Area Surveyed: 7.4-Acresl City of Temecula, Riverside County Temecula USGS 7.S-Minute Series Map Township 8S, Range 2W, Section 6 and 7 PreparodFor: City of Temecula . PO Box 9033 T emecula. CA 92569-9033 PreparodBy: 8onTerraConsulting 151 Kalmus Drive, Suite E-200 Costa Mesa, CA 92626 Amber S. Oneal aoneal@bo/1terracOflsulting.com Principal Investigator: 8onTerraConsulting 151 Kalmus Drive, Surte E-200 Costa Mesa, CA 92626 AmberS. Oneal aoneal@bonterraconsulting.com Surveys Conducled By: AmberS. Oneal JenniferS. Paretl Surveys Conducted On: January 11,2007 Report Date: January 29,2007 CERTlFICATlON I hereby certitythal the slalementsfumistled above and in lheattached exhibitspresenllhe data and information required tor this b!ological evaluation, and that th etacts, statements, and information presented are true and correct to the best of my knowtedge and bel ief. . DATE: I/J-qlorr SIGNED:~1'IN--1 c'SO-nJAfJ Ronald Reagan Sports Park Silt Removal Project TABLE OF CONTENTS SECTION 1.0 COUNTY OF RIVERSIDE ATTACHMENTS Biological Report Summary Report (Attachment E-3) Level of Significance Checklist (Attachment E-4) Biological Resources Map (Attachment E-5) Site Photographs (Attachment E-6) SECTION 2.0 HABITAT ASSESSMENT General Site Information ...............................................................................................................1 Methods....................................................................................................................... ................. 1 Existing Conditions....................................................................................................................... 2 Other Issues.................................................................................................................................. 3 References.................................................................................................................... ................5 APPENDICES A Plant and Wildlife Compendia LIST OF EXHIBITS Exhibit Follows PaQe 1 Regional Location .............................................................................................................1 2 Local Vicinity .....................................................................................................................1 3 Survey Area ......................................................................................................................1 4 Biological Resources.........................................................................................................1 5 Soils ..................................................................................................................................1 R\f' roj eels \T e m ecul\JJ04 \HA-O 1290 7 .d oe Habitat Assessment SECTION 1.0 COUNTY OF RIVERSIDE ATTACHMENTS Att~chmo:nt E-3 1I1()1.()(;ICAL REPORT Su:\t:\t.-\R\' SIIEEl iSubmillwo<,opit:'s to lh,'("ounly) rApplicllnt :"_ame: CilyofTl:llIccu!a 'A~sessor's Pared Numtwr (AP:"'): 945-05Q..-OO6 IjIAP:'" eont.: . Sit., Lu~"tiu", S.,diu", (j & 7 Tu.."ship' 85 RlIlI!;:'" 2W SileAddress: 30875 Rancho Vista Road, T ellK"Cula, C^ 92~92 . Related Caso: 'umho:r(s): pDn ~umho:r: CHECK SI'[CIES or EJ'Iri\.lIm;'li\IENTAL (Circl..Yes,;\'o or ;Or;/A re~ardine; SPECIES IS,.'WJ.; OF (O"l;CER:"i sp..desnndine;son Iheref..renced SURVEY}]) site) FOR Arroyo 50uthweslern Toac y~ No NIA B1l1clineSlream{s) y~ @ NIA Coaehella Yalley Fringed.Toed Yes No @ Lit.ard See Note , Coa~tal California Gnateateher G~) No NIA Coaslal Sage Scrub Cy~) No NIA Delhi &inds Flower~Loving fly y~ No (NIA) DeserlPupfish Yes No G) Desen Slender Salamander Yes No NIA Desert Tortoise y~ No ( NIA Flat.Tailcd HomLxI Li7anl Yes N" (N/A) See Note 2 Lcastl3c1rsVirco y~ No NIA Oak Woodl.md, y~ G:) NIA QuinuChcckcr'pot Butterfly y~ No eN/A) Riversidc Fairy Shrimp y~ N" G) Santa Ana River Woolyslar y~ No eN/A) San Bemanlino Kangaroo Rat y~ No eN/A) SlcnderllomedSplllclloWL"r y~ No (N/A) See Note , Stephen's Kangaroo Rat y~ No N/A. YemalPooIs y~ (N,,) NIA See Note , WetlanJs (y~ ) No N/Au E.3.1 CIIECK SPECIES or EM'IRO:'<lMENT AL (Circle 't"n, So or NfA Tl'garding SPECIES ISSUE OF CONCER'Ii speclnnndlngsonlhereference ~~ro'''YED BUlTowingOwl !lte) ,.. FOR . o. Other: nUjljffii)IU~<t}'{i.ljl11e ~ ' ' NIA ". Note , .. ,.. , Other Hiral'i~'f\;Ri\aill'; tv;;) No N!A Othtr y~ " N!A 0,,= y~ No NIA "'"" y~ No NfA Other y~ No NiA Ot'= y~ No NiA "''''" y~ No NIA :=J "''= y~ So NfA Othtr y~ '0 NlA ~ Ot"'" y~ No NIA ~ OIher y~ N" NIA Species of ~on~em shall be any unique. rare, endangered. or Threatened spcci~s. It s~al1 include species used t~ delineate we.lands and riparian corridors. 11 shall also include any hosts. pl'rchmg, or lood plants used by any animals lisu:d as rare,endangcred,threatenedorcandidalespecies by <:;thcr SIal e,orFc<kral regulations.. or for RIVCrside County as listed by the California Department of Fish and Game Natural Div","sity Data Ba,;e (NDDB)_ I declare under penally of perjury thai the information provided on this summary shed is in accordallce with the information provided in the biological report. chlft"'- ,S ();vutY 1/"e,/07 Report Dale SigllaturealldCompally1"ame 100aj Permit Number (if applicable) Permit bpiralion Dale P'! i' 1i1!:' . "..-.<... <'.. .. , ,. .. . , ' :l!:., ..;, .~ ~ .. ''jtliJ~.c-q V1lf/'~". , _ ._' oI.,.",'\!ff:, '" ~ ""Fn'%'.... "..,,- h:b:.- ~~ ~'*~"~"$;",;,-~;,~~- :~ ::: _ ~.~_ ~ . ~' ,..JJ _"' .,,. r'*l'-'ffi'~.-. 1\'= ~ ~W"" >" -""'Ai;' . _. "%" ~. Note 1: CAGN was incidentally observed during the initial site visit. However, it is located outside of the proposed work area_ Note 2: Suitable habitat is present for least Bell's vireo_ Note 3: The project site is within the designated Fee Area. The Project Applicant will mitigate through the current Fee Program of RCHCA. Note 4: The work area is a desiltation pond, which consists of open water surrounded by riparian forest. This pond is man-made_ Note 5: Suitable habitat for burrowing owl is located on the slope to the south of the desiltation pond. No suitable habitat is located within the proposed work area. Attacbml"nll:-4 LEVEL OF SIGNIFICANCE cm:CKLlST For Biological Resources (Submit Two Copiesl Case:"'umber: LotlParcelllio. 945.050-00(J EA :"'umber \\'ildlife& Vl"~l"talion Potentially Significant Impact less lban Signiflcanl with Mitigalion Incorporaled less lhan Significant Impact No Impact (Chccklhe level of impact the applies IOlhe followingqueslioml a) Cunllicl wilh the provisions of an adopled Habital Conservalion Plan. Nalur.ll Conservalion Community Plan. or other approved local. rcgionaL or stale conscrvalion pJan'! o 0 0 V b) lIaveasubstanli:lladversceffccl.eilberdirecllyorlhroughhabilatmodifiealions.on any endangered. or lhrealened species. as lisled in Tille ]4 oflhe California Code of Rcgul:ltinns (Scctions 670.2 or 670.5) or in Tille 5U. Code of Federal Regulalions (Scclions 17.11 or 17.12)"! o ~ 0 0 c) Havea substantialudvcrr.ceffccl.cilherdircCll} orlhroughhubilalmoJificaliolls, 011 any spccics idenlified as a candidale. sensilive, or special slalus spCl:ies in ]ocal or regional pl.ms. policies. or regulalions, n. hy the Cahfnmia nq.arrmenl of Fish and Cr"me or tL S. Wildlife Sen..ice" o 0 V 0 II) Intcrfcrcsubstantially with the rnovemcnt of any native rcsillcnlo rmigratoryfi,horwilJlifc species or wilheslablished nalivcresidenlmigralory wildlife co rridors.orimpedclhcuseofnalivc wildlifenurserysiles'.' o 0 ~ 0 e) Havc a subslantial adverr.ceffcct on any riparian habilalOrOlherscn sitive naluraJ community idenlified in local or regional plans. polides. regulations or by the California Departmelll of Fish and Game or U. S. Fish and Wi]dlife Service? o V D 0 o lIavea subslantial adverseelTecl on federally proleck'd welJands as defined by S..:ction 404 of lhc Clcan Waler Act (including. bul not limited to, marsh. vcrnal pool, coastal, clc.) through dirccl removal.tillillg,hydrologicalillterruptioll,orolhermeans? o V U 0 g) Contlict with any local policics or ordinanccsprotceting biological rcsources, such as a lrcc prcr.crvmion policy or ordinancc? Don V Source: C<JP Fig. YI.36,YI.40 Finding.~ofFaet: .Ine proposed project v.'ould impact open water and riparian forest that is potentially suitablc habitat for thc least Bell's virL'O,md soutJ1\w'stcm willow l1ycatdter. 1ne prnposed impact area woul;J he under the jurisdiction o)"the USACE illtd CDFG. Proposl-dMitigation: The Project Applicant will obtain all necessary pcrmits/agn_'CllIents lrolllthe lJSACE and CDFG. Focused SUrvl")'S for lease Hell's vireo or slluthweslem willow nycatcher will be conducted, otherwise presl.':nce of thl.':se species will he assllllK-d. Moniloring Rl't:ommcndcd: E-4.1 D Impact Area D Southern Willow Scrub . ~ -:. ~ Survey Area D Native Grassland Vegetation Types D Ornamental _ Coastal Sage Scrub D Ruderal D Open Water D Developed _ Riparian Forest Biolog ical Resou rces Ronald Reagan Sports Park Silt Removal Project N W~E 200 100 o 200 Feet Attachment E-S ,eell7er~~ CONSULTING R:/Projects/Temecul/J004/Graphics/AttE-5_BR_011607.pdf Riparian forest in the northwest corner of survey area facing southeast. " . .- " , , " ~ " ~ c " ~ ~ 1 ~ TI ,-~.... ~ \ , .- '~~"'~.5:" ,.~ . ~ '. -. . ~ Northern portion of the survey area facing southeast showing ruderal area where the silt will be spread to dry. Site Photographs Ronald Reagan Sports Park Silt Removal Project Attachment E-6 ~ CON S U L T r N G R/Projectsfrernecul/ru4/Graphics/attE-6 SP-page1a 011707.pdf Northeast side of desiltation basin facing southwest. , I " ~ c " ~ ~ 1 ~ TI East of desiltation basin facing south. Proposed work area is inside chain-link fence. ~ Site Photographs Ronald Reagan Sports Park Silt Removal Project Attachment E-6 ~ CON S U L T r N G R/Projectsfrernecul/ru4/Graphics/attE-6 SP-page2a 011707.pdf - View of drainage southeast of the desiltation basin facing north. . , o C o ~ " " o W " ~ c . ~ ~ , i ~ , ~ o View of drainage southeast of the desiltation basin facing northwest. Fence surrounding the basin visible in the center of the photograph. Site Photographs Ronald Reagan Sports Park Silt Removal Project Attachment E-6 ~ CON S U L T r N G R/Projectsffernecul/JJJ4A3raphics/attE-6SP-page3011707.pdf SECTION 2.0 HABITAT ASSESSMENT Ronald Reagan Sports Park Silt Removal Project This report presents the findings of a habitat assessment for the Ronald Reagan Sports Park siltation removal project located in the City of Temecula, Riverside County, California (Assessor Parcel Number [APN] 945-050-006-7). The survey area is located within an area covered by the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) within the Southwest Area Plan. The Riverside County Integrated Project (RCIP) Summary Report Generator indicates that the survey area is not located within a Cell Criteria Area; however, a habitat assessment for burrowing owl (Athene cunicu/aria) is required. In addition, the MSHCP requires identification of riparian/riverine resources, potential vernal pools, urban/wildlands interface issues, and areas potentially under the jurisdiction of the U.S. Army Corps of Engineers (USACE) and/or the California Department of Fish and Game (CDFG). This report has been prepared in accordance with the Western Riverside MSHCP guidelines. GENERAL SITE INFORMATION The survey area is located at 30875 Rancho Vista Road in the City of Temecula, Riverside County (Exhibits 1, 2, and 3). The desiltation basin is located adjacent to the Ronald Reagan Sports Park complex. Surrounding land uses include residential development and open space. The proposed project would drain the desiltation basin and clear some of the riparian vegetation to allow for silt removal. The silt would be spread in the ruderal area adjacent to Rancho Vista Road (Exhibit 4) to dry and then would be taken off site. The survey area is composed of 6.2 acres surrounded by a chain link-fence, where the proposed silt removal would occur, and an additional 1.2 acres around the periphery of the desiltation basin and along the drainage to the southeast. The existing vegetation in the survey area is primarily open water and riparian forest (Exhibit 4). Topography in the survey area consists of level terrain with a small hill south of the desiltation basin. Elevations in the survey area range from approximately 1,115 to 1,160 feet above mean sea level. Soils in the survey area are composed of Greenfield sandy loam, Hanford coarse sandy loam, riverwash, and rough broken land (Exhibit 5). The survey area is located on the U.S. Geological Survey (USGS) Temecula 7.5-minute topographic quadrangle, at Township 8S, Range 2W, Section 6 and 7. The survey area is located in the Southwest Area Plan of the Western Riverside MSHCP. METHODS BonTerra Consulting conducted a search of available literature to identify special status plant and wildlife species known to occur in the vicinity of the survey area. The RCIP Conservation Summary Report Generator; California Native Plant Society's (CNPS) Inventory of Rare and Endangered Vascular Plants of California (CNPS July, 2006); California Natural Diversity Database (CNDDB) (CDFG July, 2006); the CDFG's Special Vascular Plants, Bryophytes, and Lichens List (CDFG 2006a); and the CDFG Special Animals List (CDFG 2006b) were reviewed. The literature review includes the USGS Bachelor Mountain, Murrieta, Pechanga, and Temecula quadrangles and APN 945-050-006. Previous documentation for the survey area was also reviewed and included the Draft Biological Impact Report and Restoration Plan (Principe and Associates 1994). A general site assessment was conducted on January 11, 2007, by BonTerra Consulting Ecologists Amber Oneal and Jennifer Pareti for riparian/riverine areas, vernal pools, urban/wildlands interface, areas potentially under the jurisdictions of the USACE and/or the CDFG and to evaluate habitat suitability for burrowing owl. The surveys were conducted by walking the survey area and recording plant and wildlife species observed. The vegetation was R\f' roj eels \T e m ecul\JJ04 \HA-O 1290 7 .d oe Habitat Assessment II " ~ ~ g, iii ce 3 3 (j Q) E Q) f- "in -0 Q) 0' Q; o PACIFIC OCEAN R ional Location . e 9 ark Silt Removal Project Ronald Reagan Sports P N W-\rE S 10 o 10 Miles ~ -':;.- M\OrenO v:" : I Perns "'. ".. - -~ P'. I.. '{t, ,/' i I' '" ;'~':"/" . 'J i ~, ~;/.I"'", Ii- i '''0'; _. "l~ :.. "'--.. /' ~' ~.. '.' I ~~ ~f if",'-' I ~'''-'' '.l~. rprl' ~~ '.~ L'fl., ~I.I r~ -'"J" r.." ;t,.:.l.. ~.ii ~ 1:'... ~ !l. 'J .j! , J - " ;., '-11 ... '" , " ., 1, .!J. .. J ., .I -:. '!;i 'if ( , -'!' ~~'" 'J..yr"7')rr'l-t, (.., -~~ 'f' -if.-..;;, "l.~::" ''-: ~ - ,~;,i~", "'i'i~~ ... "~~ . "1 w.a :-. ,;~r ".,l!""~ _ {, j. r.~ o:;.i!:"'-tJ , {" 'J r" ~"" )...r J -~ 'ii '. , '~~.z ,'~ ~ ~t"' r" 'f ~. 'iI"'! . :It "*jllf? ; ~;p: ~. " ~- ~~- Exhibit 1 ,. ....~':.rp ... I' ~~:'"" ~J..;I ~ '-~ ~ ~1 .~ -.j " '.-1 J.... ....~,r)J _ a;:;"~~ ", "I I, J.~ .J!$e>/2lerr~ CONSULTING I/Jo04/Graphics/Ex1_RL_011107.pdf R:/ProjectsfTemcu x E > ~ ~ E j l o Local Vicinity Ronald Reagan Sports Park Silt Removal Project N w-<r E s Exhibit 2 2,000 1,000 o 2,000 Feet .J!$e>/2lerr~ CONSULTING R:/ProjectsfTemecul/JOO4/Graphics/Ex2 Iv o11107.pdf D Impact Area · - -. Survey Area 1- _.. .. - Project Site . Ronald Reagan Sports Park Silt Removal Project , w-\r' , 300 150 o 300 Feet ~/er,..er CONSULTING RfProjectsiTemecuVJ004/Graphcs/Ex3_PS_011007.pcf D Impact Area . - - L _ .! Survey Area ICI Southern Willow Scrub D Native Grassland Vegetation Types D Ornamental _ Coastal Sage Scrub D Ruderal lID Open Water D Developed _ Riparian Forest . Biological Resources Ronald Reagan Sports Park Silt Removal Project , w-?-' 200 100 0 2~eet Exhibit 4 .e.~/err:'" CONSULTING RfProjects/TemeculfJ004/Grap:,icsfex4_8FC011607.pdf '. D Survey Area Soil Type c::J GyD2 - Greenfield sandy loarn, 8 to 15 percent slopes, eroded c::J HcD2 - Hanford coarse sandy loarn, 8 to 15 percent slopes, eroded c::J RsC - Riverwash c::J RuF - Rough broken land Soils Ronald Reagan Sports Park Silt Removal Project , w-\r' , 300 150 o 300 Feet Exhibit 5 ~/er,..er CONSULTING R:!ProjectslTemecuVJ004/Graphcs/Ex5_soils_011107.pdf Ronald Reagan Sports Park Silt Removal Project mapped on a 200-scale aerial photograph (1 inch = 200 feet). Photographs were also taken during the site visit and are included in this report (see Attachment E-6). Plant species were identified in the field or collected for later identification. Plants were identified using taxonomic keys in Hickman (1993), Munz (1974), and Abrams (1923-1951, 1960). Taxonomy follows Hickman (1993) for scientific and common names or current taxonomy in literature (i.e., scientific journals). Vegetation types were mapped and classified based on the Western Riverside MSHCP Vegetation Communities (MSHCP 2003). A list of plant species observed is included as Appendix A, Table A-1. Active searches for reptiles and amphibians included lifting, overturning, and carefully replacing rocks and debris. Birds were identified by visual and auditory recognition. Surveys for mammals were conducted during the day and included searching for and identifying diagnostic sign, including scat, footprints, scratch-outs, dust bowls, burrows, and trails. Taxonomy and nomenclature for wildlife generally follows Fisher and Case (1997) for amphibians and reptiles, American Ornithologists' Union (1998) for birds, and Baker et al. (2003) for mammals. A list of wildlife species observed is included as Appendix A, Table A-2. EXISTING CONDITIONS This section describes the biological resources observed in the survey area during the time of the surveys. Vegetation types, wildlife populations and movement patterns, and species known to occur on the survey area are discussed below. VEGETATION The following vegetation types or mapping units were identified in the survey area: coastal sage scrub, open water, riparian forest, southern willow scrub, native grassland, ornamental, ruderal, and developed (Exhibit 4). Open water covers much of the survey area and consists of large open ponds that comprise the desiltation basin. Riparian forest surrounds the open water. Riparian forest is dominated by willows, including black willow (Sa/ix gooddingil) and red willow (Sa/ix /aevigata). In addition, Fremont cottonwoods (Popu/us fremontiO occurred to a lesser extent, and gum trees (Euca/yptus sp.) occur along the periphery. Southern willow scrub occurs primarily along the drainage southeast of the desiltation basin, which is outside of the current proposed work area but was included in the survey. Southern willow scrub is dominated by willows (Sa/ix spp.), with mule fat (Bacharris sa/icifo/ia) and a few sycamore trees (P/atanus racemosa). Coastal sage scrub and native grassland occur on the slope to the south of the desiltation basin and in a few patched along the drainage. These areas are outside of the proposed work area. Coastal sage scrub is dominated by California buckwheat (Eriogonum fascicu/atum). Native grassland is comprised of needlegrass (Nassella sp.) and non-native brome grasses (Bromus spp.). Ruderal vegetation occurs adjacent to Rancho Viejo Road. The ruderal area is primarily unvegetated with scattered weedy species including black mustard (Brassica nigra), tocalote (Centaurea melitensis), telegraph weed (Heterotheca grandif/ora), and Russian thistle (Sa/so/a tragus). R\f' roj eels \T e m ecul\JJ04 \HA-O 1290 7 .d oe 2 Habitat Assessment Ronald Reagan Sports Park Silt Removal Project Ornamental vegetation occurs adjacent to the northeastern portion of the desiltation basin and in patches along the drainage. Ornamental vegetation primarily consisted of acacia (Acacia sp.) and gum trees. The developed area consists of a concrete spillway located in the southwest corner of the survey area. WILDLIFE Although immediately adjacent to urban development, the survey area supports moderate quality native vegetation that provides habitat for wildlife species. Bird species observed included turkey vulture (Cathartes aura), Anna's hummingbird (Ca/ypte anna) , Nuttall's woodpecker (Picoides nuttallit), Cassin's kingbird (Tyrannus vociferans), American crow (Corvus brachyrhynchos), common raven (Corvus corax), oak titmouse (Bae%phus inornatus), ruby- crowned kinglet (Regu/us ca/endu/a), Califonia gnatcatcher (Po/ioptila ca/ifornica), northern mockingbird (Mimus po/yg/ottos), yellow-rumped warbler (Dendroica coronata), California towhee (Pipilo crissa/is), and house finch (Carpodacus mexicanus). Other wildlife species observed or expected to occur on the survey area include side-blotched lizard (Uta stansburiana), western fence lizard (Sce/oporus occidenta/is), common raccoon (Procyon /otor), desert cottontail (Sy/vilagus audubonit), California ground squirrel (Spermophilus beecheyt), and coyote (Canis /atrans). WILDLIFE MOVEMENT The survey area is bordered to the north and west by residential development; commercial development is located to east; a man-made lake is located adjacent to the southwest boundary of the survey area; and open space is to the south composed primarily of coastal sage scrub and grassland vegetation. The open space south of the survey area provides potential habitat for wildlife movement east to west. However, this area is not identified within the MSHCP as a wildlife linkage. JURISDICTIONAL ANALYSIS Drainages, which may include wetlands and "Waters of the United States," are regulated pursuant to Section 404 of the Clean Water Act and are under the jurisdiction of the USACE. Wetlands include areas that contain all three of the following parameters in accordance with the USACE 1987 Manual and Interim Regional Supplement to the USACE Wetland Delineation Manual: Arid West Region. "Waters of the United States" include navigable coastal and inland waters, lakes, rivers, and streams and their tributaries, interstate waters and their tributaries, wetlands adjacent to such waters, intermittent streams, and other waters that could affect interstate commerce. In addition, if drainages meet the criteria established by Section 1600 of the California Fish and Game Code, a Streambed Alteration Agreement may be required by the CDFG prior to any modification of the bed, bank, or channel of streambeds on the survey area. A jurisdictional delineation would be required to determine the total acreage of jurisdictional wetlands located on the survey area. It is expected that the majority of the proposed work area would be jurisdictional. MSHCP REQUIREMENTS The Western Riverside MSHCP is a plan that was prepared to streamline the environmental review process while providing for conservation of natural communities and their associated special status plant and wildlife species. The MSHCP requires that survey areas be evaluated R\f' roj eels \T e m ecul\JJ04 \HA-O 1290 7 .d oe 3 Habitat Assessment Ronald Reagan Sports Park Silt Removal Project for a number of factors to assess how they meet the criteria identified for conservation in the MSHCP. As mentioned above, the survey area is not located within a Cell Criteria Area and is therefore not proposed to be used to assemble the MSHCP Reserve. However, the RCIP Report Generator indicated that the survey area must be assessed for other issues. These issues are addressed below. Riparian/Riverine and Vernal Pools Riparian/riverine areas, as defined in Section 6.1.2 of the MSHCP, are "dominated by trees, shrubs, and other vegetation which depend upon soils moisture from a nearby fresh water source." This survey area contains riparian/riverine habitat that would be considered to meet this definition. However, Section 6.1.2 of the MSHCP goes on to state that wetlands "which are artificially created are not included in these definitions"; therefore, the survey area is not subject to this section of the MSHCP. Vernal pools, also defined in Section 6.1.2 of the MSHCP, are "seasonal wetlands that occur in depression areas that have soils, vegetation and hydrology that would support a vernal pool during the wetter portion of the year, but lack hydrology and/or vegetation during the drier portion of the year." No areas suitable for vernal pools were observed during the site visit, and no soils typical of vernal pools occur in the survey area. Special Status Plants The RCIP Summary Report Generator indicates that focused plant surveys are not required for Narrow Endemic or Criteria Area plant species. In addition, special status plant species not covered by the MSHCP are not expected to occur on the survey area due to lack of suitable habitat. Therefore, focused surveys for special status plants would not be required. Special Status Wildlife Burrowing Owl No suitable habitat for burrowing owl is present within the proposed work area as it is comprised of riparian forest vegetation. The adjacent slope provides suitable burrowing owl habitat, but this area is outside of the proposed work area for the project. Therefore, focused surveys for burrowing owl would not be recommended. Least Bell's Vireo/Southwestern Willow Flycatcher Suitable habitat for the least Bell's vireo (Vireo bellii pusil/us) and southwestern willow flycatcher (Empidonax traillii extimus) is present in the proposed work area. Focused surveys would be required to determine the presence or absence of these species; otherwise, presence of these species will be assumed. Although the proposed project would not be subject to Section 6.1.2 of the MSHCP, potential impacts on these species would still need to be addressed through the USACE/CDFG permitting process. Coastal California Gnatcatcher A pair of coastal California gnatcatchers was incidentally observed on the slope south of the desiltation basin during the survey. There is no coastal sage scrub, the habitat for this species, within the proposed work area; thus no direct impact on this species is anticipated. Additionally, any direct or indirect impact on this species would be covered by the MSHCP. R\f' roj eels \T e m ecul\JJ04 \HA-O 1290 7 .d oe 4 Habitat Assessment Ronald Reagan Sports Park Silt Removal Project Urban/Wildlands Interface There are no MSHCP Conservation Areas immediately adjacent to the survey area. Therefore, the proposed project would not result in any urban/wildlands interface issues (Section 6.1.4 of MSHCP). However, the proposed project should follow guidelines in Section 7.5.3 to minimize indirect impacts on adjacent habitat areas during construction. OTHER ISSUES NestinQ Raptors Trees within the riparian forest, southern willow scrub, and ornamental areas within the survey area have potential to be used for nesting by raptors. Regulations prohibit activities that "take, possess or destroy" any raptor nest or egg (CDFG Code 3503, 3503.5, and 3513). Therefore, if construction is initiated during the raptor nesting season (February 1 to June 30), a pre- construction raptor survey is recommended. MiQratorv Bird Treatv Act The riparian forest within the proposed work area could support nesting birds. Due to recent interpretations of Migratory Bird Treaty Act (MBTA) and expectations of many local and state agencies, it is our recommendation that measures to avoid disturbance of nesting birds be implemented or that all project activities are scheduled to avoid the peak bird nesting season (typically March 1 through July 30). RECOMMENDATIONS The following is a list of recommendations to ensure that the project is consistent with the MSHCP, as well as other regulations protecting biological resources. 1. Regulatory permits or agreements from the USACE and the CDFG would be required prior to any alteration of any USACE and CDFG jurisdictional areas. 2. Riparian forest dominated by willows occurs on the survey area and could support the least Bell's vireo and southwestern willow flycatcher. Focus survey to confirm presence/ absence of the least Bell's vireo and southwestern willow flycatcher are recommended. Alternately, the City of Temecula could assume presence of these species without conducting focused surveys. 3. The project should minimize indirect effects on biological resources during construction by following the guidelines in Section 7.5.3 of the MSHCP. 4. A survey for active raptor nests is recommended prior to commencement of any construction activities during the raptor nesting season (February 1 to June 30). Restrictions may be placed on construction activities in the vicinity of any active nest until the nest is no longer active as determined by a qualified biologist. Typically, a 300- to 500-foot buffer zone is designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. 5. To avoid impacts on nesting birds, vegetation cleaning activities on the survey area should occur outside the peak nesting season (March 1 to June 30) per the MSHCP Construction Minimization Measures. If vegetation clearing occurs between March 1 and R\f' roj eels \T e m ecul\JJ04 \HA-O 1290 7 .d oe 5 Habitat Assessment Ronald Reagan Sports Park Silt Removal Project June 30, a biological monitor will conduct a pre-construction survey (or possibly multiple surveys) to identify any active nesting locations. Restrictions may be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active as determined by a qualified biologist. R\f' roj eels \T e m ecul\JJ04 \HA-O 1290 7 .d oe 6 Habitat Assessment Ronald Reagan Sports Park Silt Removal Project REFERENCES Abrams, L. 1923-1951. Illustrated F/ora of the Pacific States (Vols. I, II, and III). Stanford, California: Stanford University Press. --. 1960. Illustrated F/ora of the Pacific States (Vol. IV). Stanford, California: Stanford University Press. American Ornithologists' Union (AOU). 1998. Check-list of North American Birds (7'h ed.) Washington D.C.: American Ornithologists' Union. Baker, R.J., L.C. Bradley, RD. Bradley, J.W. Dragoo, MD. Engstrom, R.S. Hoffmann, C.A. Jones, F. Reid, D.W. Rice, C. Jones. 2003 (December). Revised Checklist of North American Mammals North of Mexico, 2003. Occasional Papers (No. 229). Waco, TX: Museum of Texas Tech University. California Department of Fish and Game (CDFG). 2003 (September). Natura/ Diversity Database. List of California Terrestria/ Natura/ Communities Recognized by the Natura/ Diversity Data Base. Sacramento, California: CDFG, Wildlife and Habitat Data Analysis Branch. . July, 2006. California Natura/ Diversity (RareFind) Database. California Department of Fish and Game, Natural Heritage Division, Sacramento, California. --. 2006a. Special Vascular Plants, Bryophytes, and Lichens List. Sacramento: CDFG, Wildlife and Habitat Data Analysis Branch. --. 2006b. Special Anima/s. Sacramento, California: CDFG, Wildlife and Habitat Data Analysis Branch. California Native Plant Society (CNPS). July 2006. E/ectronic Inventory of Rare and Endangered Vascular Plants of California. Sacramento: CNPS. Fisher, R.N. and T.J. Case. 1997. A Fie/d Guide to the Reptiles and Amphibians of Coastal Southern California. San Mateo, California: Lazer Touch. Hickman, J.C. Ed. 1993. The Jepson Manua/ Higher Plants of California. Berkeley, California: University of California Press. Munz, P.A. 1974. A F/ora of Southern California. Berkeley: University of California Press. Multiple Species Habitat Conservation Plan (MSHCP). 2006. Burrowing Owl Survey Instructions for the Western Riverside Mu/tip/e Species Habitat Conservation Plan Area. March 29. Riverside: the County. Principe and Associates. 1994. Draft Biological Impact Report and Restoration Plan. Prepared for the City of Temecula, Rancho California Sports Park Lake Desiltation Improvement Project. Remsen, J.v., Jr. 1978. Bird Species of Special Concern in California: An Annotated List of Declining or Vulnerable Bird Species (Administrative Report No. 78-1). Sacramento, California: CDFG, Wildlife Management Branch. Riverside, County of. 1993. Riverside County Oak Tree Management Guidelines. http://www.tlma.co.riverside.ca.us/planning/content/devproc/guidelines/oak_trees /oak_trees.html. Riverside County Integrated Project Multiple Species Habitat Conservation Plan (MSHCP). 2003. Riverside, California: Riverside Blue Print http://rcip.org/conservation.htm. APNs run January 2007. R\f' roj eels \T e m ecul\JJ04 \HA-O 1290 7 .d oe 7 Habitat Assessment APPENDIX A PLANT AND WILDLIFE COMPENDIA TABLE A-1 PLANT COMPENDIUM GYMNOSPERMS PINACEAE~ PINE FAMILY Pinus sp. pine FLOWERING PLANTS CLASS DICOTYLEDONES (DICOTS) ASTERACEAE (COMPOSITAE) ~ SUNFLOWER FAMILY Ambrosia sp. ragweed Baccharis salicifolia mule fat Centaurea melitensis* tocalote Gnaphal/um lutea-album' vveedy cudweed Heteratheca grand/flora telegraph weed Silybum marianum* mi I k th istle Xanthium strumarium cocklebur BRASS/CACEAE (CRUCIFERAE) ~ MUSTARD FAMILY Brassica nigra * black mustard CHENOPOOIACEAE ~ GOOSEFOOT FAMILY Sa/sola tragus* Russian thistle CUCURBITACEAE ~ GOURD FAMILY Cucurbita foetidissima coyote melon/calabazilla EUPHORBIACEAE ~ SPURGE FAMILY Eremocarpus setigerus doveweed/turkey mullein FABACEAE (LEGUMINOSAE) ~ LEGUME FAMILY Acacia sp. * acacia FAGACEAE~OAKlBEECH FAMILY Quercus agrifolia coast live oak GERANIACEAE ~ GERANIUM FAMILY Erodium sp. filaree LAMIACEAE (LABIATAE) ~ MINT FAMILY Trichostema lanceo/atum vinegar weed MYRTACEAE~ MYRTLE FAMILY Eucalyptus sp. ' gum ONAGRACEAE ~ EVENING PRIMROSE FAMILY Oenathera sp. primrose PLA TANACEAE ~ SYCAMORE FAMILY Platanus racemosa western sycamore A-1 TABLE A-1 (Continued) PLANT COMPENDIUM FLOWERING PLANTS (Continued) POL YGONACEAE -BUCKWHEAT FAMILY Eriogonum fasciculatum California buckwheat Rumex crisp us * curly dock SALlCACEAE - WILLOW FAMILY Populus fremontii Fremont cottonwood Sa/Ix gooddlngii black willow Salix laevigata red willow Salix lasiolepis arroyo vvillow CLASS MONOCOTYLEDONES (MONOCOTS) POACEAE [GRAM/NEAE] - GRASS FAMILY Bromus hordeaceus* soft chess Bromus madritensis ssp. rubens * foxtail chess Nassella sp. needlegrass TYPHACEAE - CATTAIL FAMILY Typha sp. cattail * introduced species A-2 TABLE A-2 WILDLIFE COMPENDIUM Birds CATHARTIDAE - NEW WORLD VULTURES Catharles aura turkey vulture RALLlDAE - RAILS Fulica americana American coot TROCHILlDAE - HUMMINGBIRDS Calypte anna Anna's hummingbird PICIDAE - WOODPECKERS Picoides nuttallii Nuttall's woodpecker Colaptes auratus northern flicker TYRANNIDAE - TYRANT FL YCA TCHERS Tyrannus vociferans Cassin's kingbird CORVIDAE - JAYS & CROWS CONUS brachyrhynchos American crow CONUS corax common raven PARIDAE - TITMICE Baeolophus inornatus oak titmouse TROGLODYTIDAE - WRENS Thryomanes bewickii 8evvick's wren REGULlDAE - KINGLETS Regulus calendula ruby-cro\Mled kinglet SYLVIIDAE - GNATCATCHERS Polioptila californica California gnatcatcher MIMIDAE - THRASHERS Mimus polyglot/os northern mockingbird PARULlDAE - WARBLERS Oendroica coronata yellow-rumped \fvarbler EMBERIZIDAE - SPARROWS & JUNCOS Pipilo maculatus spotted towhee Pipilo crissalis California tovvhee FRINGILLlDAE - FINCHES Carpodacus mexican us house finch Mammals LEPORIDAE - HARES & RABBITS Sylvilagus audubonii desert cottontail SCIURIDAE - SQUIRRELS Spermophilus beecheyi California ground squirrel A-3 TABLE A-2 (Continued) WILDLIFE COMPENDIUM Mammals (Continued) CANIDAE - WOLVES & FOXES Canis latrans coyote PROCYONIDAE - RACCOONS Procyon Jator common raccoon * introduced species A-4 ecr./er/iCf , "...~~~-_._.- i"-.J " L 1 t"\i :_:, ,( ( ~ September 4, 2007 Ms. Sandy Marquez U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, California 92011 Subject: Results of the Southwestern Willow Flycatcher and Least Bell's Vireo Survey for the Ronald Reagan Sports Park Project Site, City of Ternecula, Riverside County, California Dear Ms. Marquez: This Letter Report presents the results of focused surveys for the southwestern willow flycatcher (Empidonax traillii extimus) and least Bell's vireo (Vireo be/Iii pusillus) at the Ronald Reagan Sports Park project site (hereafter referred to as "the project site"). The purpose of the survey was to determine the presence or absence of the southwestern willow flycatcher and least Bell's vireo on or immediately adjacent to the project site. Surveys were conducted according to guidelines established by the U.S. Fish and Wildlife Service (USFWS) by Biologists holding the necessary federal Endangered Species Act (ESA) survey permit. The proposed project is located entirely within the City of Temecula in Riverside County, California (Exhibit 1). The survey area is located at 30875 Rancho Vista Road, west of the intersection of Rancho Vista Road and Margarita Road (Exhibit 2). The desiltation basin is located adjacent to the northwestern corner of the Ronald Reagan Sports Park cornplex (Exhibit 3). The survey area includes both the desiltation basin and the drainage upstream of the basin. The existing vegetation in the survey area is prirnarily open water and riparian forest (Exhibit 4). Topography in the survey area consists of level terrain with a small hill south of the desiltation basin. Elevations in the survey area range from approximately 1 115 to 1,160 feet above mean sea level. The survey area is located on the US. Geological Survey (USGS) Temecula 7.5-minute topographic quadrangle. at Township 8 South, Range 2 West, Sections 6 and 7 The survey area is located in the Southwest Area Plan of the Western Riverside MuitiplA Species Habit8! Consefvatior Plan iMSHCPi Mail to: California Natural Diversity Database Department of Fish and Game 18071:t"Slreet,S(/ite202 Sacramento, CA 95814 Fax: (916) 324-0475 email: CNDDB@dfg.ca.gov Source Code For Office Use Only Quad Code Elm Code Dec. No. Date of Field Work (mmlddfyyyy): 04/26/2007 EO Index No. Map Index No. ~ Reset f California Native Species Field Survey Form ~ Send-Form I Scientific Name: Dendroica petechia brewsteri Common Name: yellow warbler Species Found? 0 0 Reporter: Jon Feenstra. Amber Oneal. BonTerra COllsultil1!! Y., No Jfnol,why? Address: 151 Kalmus Drive, 5te E.200 Total No. Individuals , Subsequent Visit? 0yes 000 Costa Mesa. CA 92626 Is this an existing NODS occurrence? 000 0unk. aone;ll@'bontcrraconsulling.com Yes. Occ. # E-mail Address: Collection? If yes: Phone: (714)444-9199 NUlIIU!!r MUS!!UIII/HmuariwlI Plant Information Animal Information 5 Phenology: _% % _% #adu"s #juvelliles # larvae # egg masses #ullkllown vegetative nowering Iruiting 0 0 0 0 0 0 breeding wintering burrow "ite rookery nesting other Location Description (please attach map ANDIOR fill out your choice of coordinates, below) County: Riverside County Landowner I Mgr.: City of Temecula Quad Name: Temccula Elevation: 1.I1~-1.I60 fi T_R_Sec_,_ Yo of _Yo, Meridian: HD MD SO Source of Coordinates (GPS, topo. map & type): GPS T_R_Sec_._%of_%. Meridian: HD MD SO GPS Make & Model Gannin eTrck Legend DATUM: NAD27 0 NAD83 0 WGS84 0 Horizontal Accuracy -I ~ ft meters/feet Coordinate System: UTM Zone 100 UTM Zone 110 OR Geographic (latitude & Longitude) 0 Coordinates: lIS 0488014. 3706779 Habitat Description (plant communities. dominants. associates, substrates/soils, aspects/slope): Riparian forcsl. dominatcd by Salix gooddingii and 5alix lasiolcpis. surrounding a desiltation basin in lhc Ronald Reagan Spons Park. Other rare taxa seen at THIS site on THIS date: least Bell's vireo, rufous-crowlled sparrow. coaslal Califomia gnatcatchcr. and (separate form preferred) tricolored blackbird obscrvcd ovcr the coursc ofthc survcys 4/26/07-7/25/07 Site Information Overall site/occurrence qualitylviability (site + population): o Excellent o Good OFair o Poor Immediate AND surrounding land use: Open spa..:e, reuealioll (spons park). ami residential Visible disturbances: Threats: Flood control a<.:tivities Comments: Determination: (check one or more. and fill in blanks) Photographs: (ch6t:;k one ormore) Slide Print DC]tal 0 Keyed {cite f(Jfercnce): Plant/animal 0 0 0 Compared with specimen housed at Habitat 0 0 111 0 Compared with photo I drawing in; Diagnostic feature 0 0 0 0 By another person (name): 0 Other; May we obtain duplicates at our expense? yes0 000 OrG180eJ1147 R.., 11111100 Mail to: California Natural Diversity Database Department of Fish and Game 18071:t"Slreet,S(/ite202 Sacramento, CA 95814 Fax: (916) 324-0475 email: CNDDB@dfg.ca.gov Source Code For Office Use Only Quad Code Elm Code Dec. No. Date of Field Work (mmlddfyyyy): 05!07f2()07 EO Index No. Map Index No. ~ Reset f California Native Species Field Survey Form ~ Send-Form I Scientific Name: Po/ioplila californica Common Name: coastal California gnatcatcher Species Found? 0 0 Reporter: Amber Oneal. BonTerra Consulting Y., No Jfnol,why? Address: 151 Kalmus Drive, 5te E.200 Total No. Individuals 2 Subsequent Visit? 0yes 000 Costa Mesa. CA 92626 Is this an existing NODS occurrence? 000 0unk. aone;ll@'bontcrraconsulling.com Yes. Occ. # E-mail Address: Collection? If yes: Phone: (714)444-9199 NUlIIU!!r MUS!!UIII/HmuariwlI Plant Information Animal Information 2 Phenology: _% % _% #adu"s #juvelliles # larvae # egg masses #ullkllown vegetative nowering Iruiting 0 0 0 0 0 0 breeding wintering burrow "ite rookery nesting other Location Description (please attach map ANDIOR fill out your choice of coordinates, below) County: Riverside County Landowner I Mgr.: City of Temecula Quad Name: Temccula Elevation: 1.205 n T_R_Sec_,_ Yo of _Yo, Meridian: HD MD SO Source of Coordinates (GPS, topo. map & type): GPS T_R_Sec_._%of_%. Meridian: HD MD SO GPS Make & Model Gannin eTrck Legend DATUM: NAD27 0 NAD83 0 WGS84 0 Horizontal Accuracy -J(i fl meters/feet Coordinate System: UTM Zone 100 UTM Zone 110 OR Geographic (latitude & Longitude) 0 Coordinates: lIS 0488175, 3706526 Habitat Description (plant communities. dominants. associates, substrates/soils, aspects/slope): Coastal sagc scmb. dominatcd by Eriogolltull fasciculatulll, on an croded slopc adjaccllllo thc desil!ation basin in the Ronald Rcagall Sports Park. Other rare taxa seen at THIS site on THIS date: least Bell's vireo. yellow warbler. mfous-cro\\11Cd sparrow, and tricolored blnckbird (separate form preferred) obscrvcd ovcr the COLlrsc ofthc survcys 4/26/()7-7/25/07 Site Information Overall site/occurrence qualitylviability (site + population): o Excellent o Good OFair o Poor Immediate AND surrounding land use: Opcn spa..:e, recrealion (spons park). ami residential Visible disturbances: Threats: Comments: Determination: (check one or more. and fill in blanks) Photographs: (ch6t:;k one ormore) Slide Print DC]lal 0 Keyed {cite mfercnce): Plant/animal 0 0 0 Compared with specimen housed at Habitat 0 0 111 0 Compared with photo I drawing in; Diagnostic feature 0 0 0 0 By another person (name): 0 Other; May we obtain duplicates at our expense? yes0 000 OrG180eJ1147 R.., 11111100 Mail to: California Natural Diversity Database Department of Fish and Game 18071:t"Slreet,S(/ite202 Sacramento, CA 95814 Fax: (916) 324-0475 email: CNDDB@dfg.ca.gov Source Code For Office Use Only Quad Code Elm Code Dec. No. Date of Field Work (mmlddfyyyy): 04/26/2007 EO Index No. Map Index No. ~ Reset f California Native Species Field Survey Form ~ Send-Form I Scientific Name: Vireo hellii pllsillus Common Name: least Bell's vireo Species Found? 0 0 Reporter: Amber Oneal. BonTerra Consulting Y., No Jfnol,why? Address: 151 Kalmus Drive, 5te E.200 Total No. Individuals I Subsequent Visit? 0yes 000 Costa Mesa. CA 92626 Is this an existing NODS occurrence? 000 0unk. aone;ll@'bontcrraconsulling.com Yes. Occ. # E-mail Address: Collection? If yes: Phone: (714)444-9199 NUlIIU!!r MUS!!UIII/HmuariwlI Plant Information Animal Information I Phenology: _% % _% #adu"s #juvelliles # larvae # egg masses #ullkllown vegetative nowering Iruiting 0 0 0 0 0 0 breeding wintering burrow "ite rookery nesting other Location Description (please attach map ANDIOR fill out your choice of coordinates, below) County: Riverside County Landowner I Mgr.: City of Temecula Quad Name: Temccula Elevation: 1.I1~-1.I60 fi T_R_Sec_,_ Yo of _x, Meridian: HD MD SO Source of Coordinates (GPS, topo. map & type): GPS T_R_Sec_,_Xof_X. Meridian: HD MD SO GPS Make & Model Gannin eTrck Legend DATUM: NAD27 0 NAD83 0 WGS84 0 Horizontal Accuracy -I ~ ft meters/feet Coordinate System: UTM Zone 100 UTM Zone 110 OR Geographic (latitude & Longitude) 0 Coordinates: lIS 0488376, 3706511 Habitat Description (plant communities, dominants. associates, substrates/soils, aspects/slope): Soulhcm willo\v scmb. domillalcd by 5alix gooddingii. Salix IllSiolcpis. and Salix cxigua. along a drainage upstream of the dcsilt:llion basin ill the Ronald Reagan Spons Park. Other rare taxa seen at THIS site on THIS date: yellow \varb1cr. rufOlls-crowncd sparrow, coast:ll Califomia gnatc.llcher. :md (separate form preferred) tricolored blackbird obscrvcd ovcr the coursc ofthc survcys 4/26/07-7/25/07 Site Information Overall site/occurrence qualitylviability (site + population): o Excellent o Good OFair o Poor Immediate AND surrounding land use: Open spa..:e, reuealioll (spons park). ami residential Visible disturbances: Threats: F100dwntwl a<.:tivilies Comments: Determination: (check one or more. and fill in blanks) Photographs: (ch6t:;k one ormore) Slide Print DC]tal 0 Keyed {cite f(Jference): Plant/animal 0 0 0 Compared with specimen housed at Habitat 0 0 111 0 Compared with photo I drawing in; Diagnostic feature 0 0 0 0 By another person (name): 0 Other; May we obtain duplicates at our expense? yes0 000 OrG180eJ1147 R.., 11111100 Mail to: California Natural Diversity Database Department of Fish and Game 18071:t"Slreet,S(/ite202 Sacramento, CA 95814 Fax: (916) 324-0475 email: CNDDB@dfg.ca.gov Source Code For Office Use Only Quad Code Elm Code Dec. No. Date of Field Work (mmlddfyyyy): 0612512007 EO Index No. Map Index No. ~ Reset f California Native Species Field Survey Form ~ Send-Form I Scientific Name: Vireo hellii pllsillus Common Name: least Bell's vireo Species Found? 0 0 Reporter: Jon Feenstra. Amber Oneal. BonTerra COllsultil1!! Y., No Jfnol,why? Address: 151 Kalmus Drive, 5te E.200 Total No. Individuals 2 Subsequent Visit? 0yes 000 Costa Mesa. CA 92626 Is this an existing NODS occurrence? 000 0unk. aone;ll@'bontcrraconsulling.com Yes. Occ. # E-mail Address: Collection? If yes: Phone: (714)444-9199 NUlIIU!!r MUS!!UIII/HmuariwlI Plant Information Animal Information 2 Phenology: _% % _% #adu"s #juvelliles # larvae # egg masses #ullkllown vegetative nowering Iruiting 0 0 0 0 0 0 breeding wintering burrow "ite rookery nesting other Location Description (please attach map ANDIOR fill out your choice of coordinates, below) County: Riverside County Landowner I Mgr.: City of Temecula Quad Name: Temccula Elevation: 1.I1~-1.I60 fi T_R_Sec_,_ Yo of _x, Meridian: HD MD SO Source of Coordinates (GPS, topo. map & type): GPS T_R_Sec_,_%of_X. Meridian: HD MD SO GPS Make & Model Gannin eTrck Legend DATUM: NAD27 0 NAD83 0 WGS84 0 Horizontal Accuracy -I ~ ft meters/feet Coordinate System: UTM Zone 100 UTM Zone 110 OR Geographic (latitude & Longitude) 0 Coordinates: lIS 0488014. 3706779 Habitat Description (plant communities, dominants. associates, substrates/soils, aspects/slope): Riparian forcs!. dominatcd by Salix gooddingii and 5alix lasiolcpis. surrounding a desiltation basin in lhc Ronald Reagan Spons Park. Other rare taxa seen at THIS site on THIS date: yellow \varb1cr, rufOlls-crowncd sparrow, consIlii Califomia gnatc.l1cher, ;md (separate form preferred) tricolored blackbird obscrvcd ovcr the coursc ofthc survcys 4/26/07-7/25/07 Site Information Overall site/occurrence qualitylviability (site + population): o Excellent o Good OFair o Poor Immediate AND surrounding land use: Open spa..:e, reuealioll (spons park). ami residential Visible disturbances: Threats: F100dwntwl a<.:tivilies Comments: Determination: (check one or more. and fill in blanks) Photographs: (ch6t:;k one ormore) Slide Print DC]tal 0 Keyed {cite f(Jfercnce): Plant/animal 0 0 0 Compared with specimen housed at Habitat 0 0 111 0 Compared with photo I drawing in; Diagnostic feature 0 0 0 0 By another person (name): 0 Other; May we obtain duplicates at our expense? yes0 000 OrG180eJ1147 R.., 11111100 Mail to: California Natural Diversity Database Department of Fish and Game 18071:t"Slreet,S(/ite202 Sacramento, CA 95814 Fax: (916) 324-0475 email: CNDDB@dfg.ca.gov Source Code For Office Use Only Quad Code Elm Code Occ. No. Date of Field Work (mmlddfyyyy): OS/20!2007 EO Index No. Map Index No. ~ Reset f California Native Species Field Survey Form ~ Send-Form I Scientific Name: Aimophila rujicep.,' Common Name: southern California rufous-crowned sparrow Species Found? 0 0 Reporter: Jon Feenstra. Amber Oneal. BonTerra COllsultil1!! Y., No Jfnol,why? Address: 151 Kalmus Drive, 5te E.200 Total No. Individuals , Subsequent Visit? 0yes 000 Costa Mesa. CA 92626 Is this an existing NODS occurrence? 000 0unk. aone;ll@'bontcrraeonsulling.eom Yes. Occ. # E-mail Address: Collection? If yes: Phone: (714)444-9199 NUlIIU!!r MUS!!UIII/HmuariwlI Plant Information Animal Information J Phenology: _% % _% #adu"s #juvelliles # larvae # egg masses #ullkllown vegetative nowering Iruiting 0 0 0 0 0 0 breeding wintering burrow "ite rookery nesting other Location Description (please attach map AND/OR fill out your choice of coordinates, below) County: Riverside County landowner I Mgr.: City of Temecula Quad Name: Tcmccula Elevation: 1.205 n T_R_Sec_,_ Yo of _x, Meridian: HD MD SO Source of Coordinates (GPS, lopo. map & type): GPS T_R_Sec_,_Xof_X, Meridian: HD MD SO GPS Make & Model Gannin eTrck Legend DATUM: NAD27 0 NAD83 0 WGS84 0 Horizontal Accuracy -J(i fl meters/feet Coordinate System: UTM Zone 100 UTM Zone 110 OR Geographic (latitude & Longitude) 0 Coordinates: lIS 0488175, 3706526 Habitat Description (plant communities, dominants. associates, substrates/soils, aspects/slope): Coastal sagc scmb. dominatcd by Eriogolltull fasciculatulll, 011 slope5 inlhe sO\l1hem ponioll of Ronald RCllgan Spons P;lrk. Other rare taxa seen at THIS site on THIS date: least Bell's vireo. yellow warbler. coastal Califomia gnateateher, ,Illd tricolored (separate form preferred) blackbird observed over the course ofthc surveys 4126/07.7/25/07 Site Information Overall site/occurrence qualitylviability (site + population): o Excellent o Good OFair o Poor Immediate AND surrounding land use: Open spa..:e, reuealiotl (spons park), ami residential Visible disturbances: Threats: Comments: Determination: (check one or more. and fill in blanks) Photographs: (ch6t:;k one ormore) Slide Print DC]tal 0 Keyed {cite mference): Plant/animal 0 0 0 Compared with specimen housed at Habitat 0 0 111 0 Compared with photo I drawing in; Diagnostic feature 0 0 0 0 By another person (name): 0 Other; May we obtain duplicates at our expense? yes0 000 OrG180eJ1147 R.., 11111100 Mail to: California Natural Diversity Database Department of Fish and Game 18071:1"SI(eel,S(/ife202 Sacramento, CA 95814 Fax: (916) 324-0475 email: CNDDB@dfg.ca.gov Source Code For Office Use Only Quad Code Elm Code Occ. No. Date of Field Work (mmlddfyyyy): 05!07f2007 EO Index No. Map Index No. ~ Reset f California Native Species Field Survey Form ~ Send-Form I Scientific Name: Age/aill.,' tricolor Common Name: tricolored blackbird Species Found? 0 0 Reporter: Amber Oneal. BonTerra Consult ill!! Y., No Jfnol,why? Address: 151 Kalmus Drive, 5te E.200 Total No. Individuals , Subsequent Visit? 0yes 000 Costa Mesa. CA 92626 Is this an existing NODS occurrence? 000 0unk. aone;ll@'bontcrraeonsulling.eom Yes. Occ. # E-mail Address: Collection? If yes: Phone: (714)444-9199 NUlIIU!!f MUS!!UIII/HmuariwlI Plant Information Animal Information J Phenology: _% % _% #adu"s #juvelliles # larvae # I!gg masses #unkllown vegetative nowering Iruiting 0 0 0 0 0 0 breeding wintering burrow "ite rookery nesting other Location Description (please attach map AND/OR fill out your choice of coordinates, below) County: Riverside County landowner I Mgr.: City of Temeeula Quad Name: Tcmccula Elevation: 1.I60 n T_R_Sec_,_ Yo of _x, Meridian: HD MD SO Source of Coordinates (GPS, tapa. map & type): GPS T_R_Sec_,_Xof_X, Meridian: HD MD SO GPS Make & Model Gannin eTrck Legend DATUM: NAD27 0 NAD83 0 WGS84 0 Horizontal Accuracy -40 fl meters/feet Coordinate System: UTM Zone 100 UTM Zone 110 OR Geographic (latitude & Longitude) 0 Coordinates: lIS 0488527. 3706547 Habitat Description (plant communities, dominants. associates, substrates/soils, aspects/slope): Foraging in lurf grass :ldjaeell( to a baseb.111 field in Ronald Reag;lIl Spons Park: adjacetlllo a drainage with sOlllhem willow scmb. Other rare taxa seen at THIS site on THIS date: least Bell's vireo. yellow warbler. mfous-cro\\11ed sparrow. and coastal Califomia (separate form preferred) gnalcalcher obsen'ed over the course of the surveys 4/26/07.7/25/07 Site Information Overall site/occurrence qualitylviability (site + population): o Excellent o Good OFair o Poor Immediate AND surrounding land use: Open spa..:e, reuealioll (spons park), ami residential Visible disturbances: Threats: Comments: Determination: (check one or more. and fill in blanks) Photographs: (ch6t:;k one ormore) Slide Print DC]lal 0 Keyed {cite mfercnce): Plant/animal 0 0 0 Compared with specimen housed at Habitat 0 0 0 0 Compared with photo I drawing in; Diagnosticfeatufe 0 0 0 0 By another person (name): 0 Other; May we obtain duplicates at our expense? yesO 000 orGIIlDOJ1UrR....11IWOO APPENDIX C SITE PHOTOS View of riparian forest habitat at the eastern-most basin from the south looking north. The pair or least Bell's vireo was observed in the habitat at the northern edge of this basin. . ~. u . f ~ ~ 8 , o ! ~ , f o View of riparian forest habitat at the eastern-most basin from the northeast looking west. The pair or least Bell's vireo was observed in the habitat at the northern edge of this basin. Site Photos Appendix C Ronald Reagan Sports Park ~ CONSULTING RA"rojectsiTemecul/JJJ4/GraphOcs/App C1 083007.pdf View of riparian forest habitat in the middle and western basins from the hill to the south looking northwest. " , o o M ro o 00' o d ~ i ~ " i Ii , f o View of riparian forest habitat at the eastern-most basin from the north looking south. The California gnatcatcher was observed on the hill to the south visible in the photo. Site Photos Appendix C Ronald Reagan Sports Park ~ CONSULTING R!ProjectsfTemecuVJ004!GraphtslApp C2 083007.pdf View of riparian forest habitat at the middle basin from the south looking north. At the beginning of the surveys, the basin was inundated with water. 'I' " , o o , ro o " o d ~ i ~ " i Ii , f o View of riparian forest habitat at the middle basin from the south looking north. At the end of the surveys, the basin was dry; note the shallow depth of the basin. Site Photos Appendix C Ronald Reagan Sports Park ~ CONSULTING R!ProjectsfTemecuVJ004!GraphtslApp C3 083007.pdf View of willow scrub habitat along the drainage upstream of the basin from the south side of the drainage looking northeast. :-, .. ~ ._, " . o o . ro o .' o d ~ i ~ " i Ii , f o ^ . , ".y. '-.'?\ View of willow scrub habitat along the drainage upstream of the basin from a hill south of the drainage looking southwest. The individual least Bell's vireo was observed foraging in the sandbar willows shown in the photo on the first survey. Site Photos Appendix C Ronald Reagan Sports Park ~ CONSULTING R!ProjectsfTemecuVJ004!GraphtslApp C4 083007.pdf Ms. Sandy Marquez September 4, 2007 Page 2 Background The southwestern willow flycatcher and least Bell's vireo were formerly more common and widespread, but are now rare and local summer residents of southern California's lowland riparian woodlands (Grinnell and Miller 1944; Garrett and Dunn 1981). The substantial population declines of these two avian species over the latter half of the twentieth century is attributable to the loss and degradation of riparian habitats and, perhaps more importantly, brood parasitism by the brown-headed cowbird (Molothrus ater). As a result, the least Bell's vireo was listed by the California Department of Fish and Game (CDFG) as Endangered on October 2, 1980, and by the USFWS as Endangered on May 2, 1986. All three subspecies of willow flycatcher that breed in California (E. t. brewsteri, E. t. extimus, and E. t. adastus) were listed by the CDFG as Endangered on January 3, 1991. The USFWS listed the southwestern willow flycatcher as Endangered on February 7, 1995 (USFWS 1995). Southwestern Willow Flycatcher The willow flycatcher is a Neotropical migrant that breeds in the west from northern Baja California, Mexico, to central British Colombia and generally east through the northern half of the United States to the Atlantic coast (AOU 2006). Depending on the authority, there are four or five recognized subspecies of willow flycatcher (Sedgwick 2000). The breeding range of southwestern willow flycatcher includes southern California, Arizona, New Mexico, western Texas, and the extreme southern parts of Nevada and Utah (USFWS 1993). In California, the southwestern willow flycatcher breeds along the coast south of the San Fernando Valley and north in the interior to about Independence, Inyo County (Unitt 1987). In California, the southwestern willow flycatcher's largest breeding populations are located at the South Fork of the Kern River in Kern County and on the Santa Margarita River in Camp Pendleton in San Diego County (Unitt 1987).The range-wide population of southwestern willow flycatcher is estimated at between 300 and 500 pairs (USFWS 1997). The population of southwestern willow flycatcher in California is estimated to be about 70 pairs (USFWS 1993). More recent estimates for California include a total of 200 territories in 2004 (Durst et al. 2005), which indicates that the California population rnay slowly be recovering. The southwestern willow flycatcher breeds in willow-dominated riparian habitats that are similar to least Bell's vireo nesting habitats (described below). The southwestern willow flycatcher differs from least Bell's vireo in that it shows a stronger dependency on willow thickets for all its requirements (Grinnell and Miller 1944). In addition, the southwestern willow flycatcher appears to have a preference for sites with surface water in the vicinity such as along streams, on the margins of a pond or lake, and at wet mountain meadows (Grinnell and Miller 1944, Flett and Sanders 1987; Harris et al. 1987). In Arizona, the southwestern willow flycatcher invariably nests near surface water (Phillips et al. 1964). Recently, the southwestern willow flycatcher has adapted to introduced vegetation present in riparian communities, such as tarnarisk (Tamarix sp.) and Russian olive (Elaeagnus angustifolia) (USFWS 1993). The willow flycatcher is a common migrant in the interior of California and is a rare-to- uncommon migrant along the coastal slope, with most birds moving through southern California between May 15 and June 20 (Garrett and Dunn 1981; Unitt 1987). The spring southwestern willow flycatcher migration is earlier than that of the northern subspecies ,Unitt 1984' USFWS i As a surveys southwestern wmow are the presence of more migrating through, its its season. Ms. Sandy Marquez September 4, 2007 Page 3 On October 19, 2005, the USFWS published a final rule designating critical habitat for the southwestern willow flycatcher (USFWS 2005). This final rule designated 120,824 acres in Arizona, California, Nevada, New Mexico, and Utah as critical habitat. Of that, 17,212 acres were designated in Kern, Santa Barbara, San Bernardino, and San Diego counties, California. The survey area is not located in designated critical habitat for this species. Least Bell's Vireo Bell's vireo is a Neotropical migrant that breeds in central and southwestern North America from northern Mexico to southern California, Nevada and Utah, east to Louisiana, and north to North Dakota, Wisconsin, and Indiana in the central U.S. (AOU 2006). The winter range of the Bell's vireo, although not well known, is believed to be the west coast of Central America from southern Sonora south to northwestern Nicaragua, including the cape region of Baja California, Mexico (Brown 1993). Of the four Bell's vireo subspecies, only two breed in California. The least Bell's vireo and the Arizona Bell's vireo (V. b. arizonae) breed in the Colorado River Valley (Garrett and Dunn 1981; Rosenberg et al. 1991). The least Bell's vireo was formerly considered a common breeder in riparian habitats throughout the Central Valley and other low elevation riverine systems in California and Baja California, Mexico (Franzreb 1989). Presently, the least Bell's vireo has been eliminated from much of its historical range (Franzreb 1989; Brown 1993). Least Bell's vireo breeding habitat of primarily consists of riparian habitats dominated by willows (Salix spp.) with dense understory vegetation. Shrubs such as mule fat (Baccharis salicifolia) and California rose (Rosa califomica) are often a component of the understory (Goldwasser 1981). The least Bell's vireo is often found in areas that include trees such as willow, sycamore (Platanus racemosa) or cottonwood (Populus sp.), particularly where the canopy is within or immediately adjacent to an understory layer of vegetation (Salata 1983). The least Bell's vireo generally nests in early successional stages of riparian habitats, with vireo nest sites frequently located in willows that are between four and ten years of age (RECON 1988; Franzreb 1989). The most critical factor in habitat structure is the presence of a dense understory shrub layer from approximately two-to-ten feet above the ground (Goldwasser 1981; Salata 1983; Franzreb 1989). On February 2, 1994, the USFWS published a final critical habitat for the least Bell's vireo, designating approximately 37,560 acres of land in Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, and San Diego counties, California (USFWS 1994). The project site is not located in designated critical habitat for this species. Survey Methodology A total of nine surveys for the southwestern willow flycatcher and least Bell's vireo were conducted on April 26; May 7, 20; June 1, 11, 25; and July 3, 8, and 25, 2007. All surveys followed the recommended USFWS guidelines for both species. The survey protocol for the southwestern willow flycatcher was revised in July 2000 and now requires a total of five surveys instead of the three surveys recommended in the old protocol. The first survey should be conducted between May 15 and May 31. with a subsequent survey conducted between June 1 and ,June 21. and three surveys should occur between June 22 and July 17. Updated guidelines least vireo surveys were issued on April 8. 1999 and require that at least be conducted from 10 to with a Interval between each site visit. number TE-128462-0} conducted surveys for southwestern willow flycatcher and least Beli's vireo on May 20; June 1. and 25' July 3, and 8. Ms. Sandy Marquez September 4, 2007 Page 4 2007. BonTerra Consulting Ecologist Amber Oneal conducted surveys for least Bell's vireo on April 26, May 7, June 11, and July 25, 2007. The riparian habitats were systematically surveyed by walking slowly and methodically along their margins. Taped vocalizations of southwestern willow flycatcher were used to elicit a response from any potentially territorial southwestern willow flycatcher. If no southwestern willow flycatchers were detected after the initial tape playing, the recording was replayed where appropriate. All surveys were conducted under optimal weather conditions and during early morning hours when bird activity is at a peak. All bird species detected during the survey were recorded, including notable observations of special status species or other birds, such as brown-headed cowbird (Appendix A). California Natural Diversity Database (CNDDB) forms for special status species are included in Appendix B and will be submitted to the CDFG. Site photos are included in Appendix C. Survey Results No willow flycatchers were observed during the surveys. Therefore, the southwestern willow flycatcher is considered absent from the project site at this time. A single male least Bell's vireo was observed during the first survey on April 26, 2007 (Exhibit 5). This individual was observed singing near the eastern boundary of the survey area along the drainage upstream of the basin. The riparian habitat in this location consists of willow scrub dominated by black willow (Salix gooddingil), arroyo willow (Sa/ix /asio/epis), and sandbar willow (Salix exigua). The male was moving along the drainage and sang repeatedly; no female was observed. Therefore, it is assumed that this male was unpaired on this date. No vireo were observed in this location during subsequent surveys. On the June 25, 2007 survey, a pair of least Bell's vireo was observed in the riparian forest adjacent to the northern side of the desiltation basin. The riparian habitat in this location consists of riparian forest with a mature overstory of black willow and arroyo willow. This pair was observed during the following visit on July 3, 2007. Only the male was observed during the subsequent visits on July 8 and 25, 2007. No nesting behavior was observed during these surveys. Based on these survey results, the riparian habitat in the survey area is considered occupied by the least Bell's vireo. A complete list of wildlife species observed during the surveys is included in Appendix A Besides the least BeWs vireo, other special status species were observed in the survey area. The coastal California gnatcatcher (Polioptila californica) and rufous-crowned sparrow (Aimophila ruficeps) were observed in coastal sage scrub habitat on the slope south of the desiltation basin and the drainage. The yellow warbler (Dendroica petechia brewsten) was observed breeding in the riparian habitat adjacent to the desiltation basin and the associated upstream drainage. A total of three tricolored blackbirds (Age/aius tric%!) were observed foraging in the turf grass in the sports park just north of the drainage. CNDDB forms for these species and the least Bell's vireo are included in Appendix B. Ms. Sandy Marquez September 4, 2007 Page 5 BonTerra Consulting has appreciated the opportunity to assist with this project. Please contact Amber Oneal at (714) 444-9199 if you have questions or comments. Sincerely, BONTERRA CONSULTING ~~00~ Amber S. Oneal Project Manager/Ecologist I certify that the information in this survey report and enclosed exhibits fully and accurately present my work. ~~~ th Feenstra Iting Biologist (TE-128462-0) Amber S. Oneal Project Manager/Ecologist Enclosures A:\PrOjoctsIT emecuf\J004\LBV-090407 .doc REFERENCES American Ornithologists' Union (AOU). 2006. Check-list of North American Birds (7th ed., as revised through 47th Supplement). Washington, D.C.: AOU. http://www.aou.org/checklistJ index.php3. Brown, B.T. 1993. Bell's Vireo. The Birds of North America, No. 35 (A. Poole, P. Stettenheim and F. Gill, Eds.). Philadelphia and Washington, D.C.: The Academy of Natural Sciences and the AOU (respectively). Durst, S.L., M.K. Sogge, H. English, S.O. Williams, B.E. Kus and S.J. Sferra. 2005. Southwestern Willow Flycatcher Breeding Site and Territory Summary - 2004 (Report to the U.S. Bureau of Reclamation). Flagstaff, AZ.: USGS Southwest Biological Science Center, Colorado Plateau Research Station. Flett, MA and S.D. Sanders. 1987. Ecology of a Sierra Nevada Population of Willow Flycatchers. Western Birds 18(1): 37-42. San Diego, CA: Western Field Ornithologists. Franzreb, K.E. 1989. Ecology and Conservation of the Endangered Least Bell's Vireo (Biological Report 89[1]) Sacramento CA: USFWS, Endangered Species Office. K. '1981. Birds of Southern California. Los Audubon Society. and Los Ms. Sandy Marquez September 4, 2007 Page 6 Goldwasser, S. 1981. Habitat Requirements of the Least Bell's Vireo (Final Report, Job IV- 38.1). Sacramento, CA: CDFG. Grinnell, J. and A.H. Miller. 1944. The Distribution of the Birds of California. Pacific Coast Avifauna No. 27. Albuquerque, NM: Cooper Ornithological Society. Harris, J.H., S.D. Sanders, and MA Flett. 1987. Willow Flycatcher Surveys in the Sierra Nevada. Western Birds 18(1): 27-36. San Diego, CA: Western Field Orinthologists. Phillips, A.R., J. Marshall, and G. Monson. 1964. The Birds of Arizona. Tucson, AZ: University of Arizona Press. RECON Regional Environmental Consultants (RECON). 1988. Draft Comprehensive Species Management Plan for the Least Bell's Vireo (Prepared for the San Diego Association of Governments). San Diego, CA: RECON. Rosenberg, K.V., RD. Ohmart, W.C. Hunter, and B.W. Anderson. 1991. Birds of the Lower Colorado River Valley. Tucson, AZ: University of Arizona Press. Salata, L.R. 1983. Status of the Least Bell's Vireo on Camp Pendleton, California: Report on Research Done in 1983. Laguna Niguel, CA: USFWS. Sedgwick, JA 2000. Willow Flycatcher (Empidonax trail/il). The Birds of North America, No. 533 (A. Poole and F. Gill, Eds.). Philadelphia, PA: The Academy of Natural Sciences. Unitt, P. 1987. Empidonax trail/ii extimus: An Endangered Subspecies. Western Birds. 18(3): 137-162. San Diego, CA: Western Field Ornithologists. . 1984. The Birds of San Diego County (Memoir 13). San Diego, CA: San Diego Society of Natural History. U.S. Fish and Wildlife Service (USFWS). 2005 (October 19). Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southwestern Willow Flycatcher (Empidonax traillii extimus). Federal Register 70(201): 60885-61009. Washington, D.C.: USFWS. . 1997. A Southwestern Willow Flycatcher Natural History Summary and Survey Protocol (Technical Report NPS/NAUCPRS/NRTR-97/12, prepared for National Park Service and Department of the Interior). Flagstaff, AZ: Northern Arizona University, Colorado Plateau Research Station. .1995 (February 27). Endangered and Threatened Wildlife and Plants: Final Rule, Determining Endangered Status for the Southwestern Willow Flycatcher. Federal Register. 60(38): 10693-10715. 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Bt~ /.:'" .', ~ I, ,... <.' ~., " .// , j;, ':.,,'. :.-':VI " .,~:L::~^~;::,:.. ;'. ~;;~-"1QOs'~f'~ -.-- ....::~ _ ,g';'~-':'-'-:;-"~ource:'.USG~-7,5:Minute.Digita~Q~~~~~n'g'i~; .. .....-....._ .. 101 - -~t/lIt,t:.t".,Ud........', __._.J __-:~~~ Local Vicinity Ronald Reagan Sports Park N w-<r E s Exhibit 2 2.000 1.000 o 2.000 Feet .J!$e>/2lerr~ CONSULTING R:/ProjectsfTemecuI/JOO4/Graphics/Ex2 Iv 071607.pdf Project Site Ronald Reagan Sports Park N w-<r E s 300 150 o 300 Feet .J!$e>/2lerr~ CONSULTING I/JOO4/Graphics/Ex3_PS_ 071607 .pdf R:lProjectsfTemecu D Impact Area D Southern Willow Scrub ;-_ ~ Survey Area D Native Grassland Vegetation Types D Ornamental . Coastal Sage Scrub D Ruderal D Open Water D Developed . Riparian Forest Biolog ical Resou rces Ronald Reagan Sports Park Silt Removal Project N W~E 200 100 o 200 . Feet Exhibit 4 ,eell7er~~ CONSULTING R:/Projects/T e mecul/J004/Graph ics/Ex4 _ br _083007 .pdf Special Status Species Locations Ronald Reagan Sports Park N w-<r E s /). Least Bell's Vireo o California Gnatcatcher (incidental observation) I' -- 1_ _ ~ Survey Area D ImpactArea .......... .. 300 150 o Exhibit 5 300 Feet .J!$e>/2lerr~ CONSULTING R :/ProjectsfT emecul/J004/Graphics/Ex5 _LBV _ CAGN_090407.pdf Ronald Reagan Sports Park Project Site APPENDIX A WILDLIFE COMPENDIUM Species Birds ANATIDAE - WATERFOWL I I , Anas strepera gadwall , Anas platyrhynchos mallard ,I ODONTOPHORIDAE - QUAILS Callipepla califomica California quail PHALACROCORACIDAE - CORMORANTS Pha/acrocorax auritus double.crested cormorant ARDEIDAE - HERONS Ardea herodias great blue heron Ardea alba great egret Egretta thula snowy egret Butorides virescens green heron Nycticorax nycticorax black-crowned night-heron CA THARTIDAE - NEW WORLD VULTURES Cathartes aura turkey vulture ACCIPITRIDAE - HAWKS Accipiter cooperii Cooper's hawk Buteo Iineatus red-shouldered hawk Buteo jamaicensis red-tailed hawk FALCONIDAE - FALCONS Fa/co sparverius American kestrel CHARADRIIDAE - PLOVERS Charadrius vociferus killdeer COLUMBIDAE - PIGEONS & DOVES Zenaida macroura mourning dove CUCULlDAE - CUCKOOS & ROADRUNNERS II. Ger;.lCOCC. YX.Califomfanus L QI'"'J2tier ,oadrUflf18r ii TROCHILlOAE - HUMMINGBIRDS l; . K 4,rctl!inchus l.dex)"m(-;n II black -cfwmed E"; p-, ,}c". , ~ 11 !i ~! 11 ji H n Wifr1{ift {.iff1pumJium WILDLIFE COMPENDIUM (Continued) Species Birds Ronald Reagan Sports Park Project Site Calypte anna Anna's hummingbird Calypte costae Costa's hummingbird Selasphorus sp. rufous or Alien's hummingbird PICIDAE - WOODPECKERS Picoides nuttaIHi Nuttall's woodpecker Picoides pubescens downy woodpecker TYRANNIDAE - TYRANT FL YCA TCHERS Contopus sordidulus western wood~pewee Empidonax difficilis Pacific-slope flycatcher Sayomis nigricans black phoebe Sayornis saya Say's phoebe Myiarchus cinerascens ash-throated flycatcher T yrannus vociferans Cassin's kingbird T yrannus verticaHs western kingbird VIREONIDAE - VIREOS Vireo bellii pusiflus least Bell's vireo Vireo gilvus warbling vireo CORVIDAE - JAYS & CROWS Aphelocoma californica western scrub~jay Corvus brachyrhynchos American crow CONUS corax common raven HIRUNDINIDAE - SWALLOWS Stelgidopteryx serripennis northern rough-winged swallow Petrochelidon pyrrhonota clift swallow Psalfnparus mmimus bushtil AEGITHALlDAE - BUSHTITS uevvickii 8ewick'~; wren TROGLODYTIDAE . WRENS y" ''l.-",' I i I I -I i I Hm. __I [I li II 1i " " ii Vi!ildfifcC:,JfrilMirilj!Jfi! Ronald Reagan Sports Park Project Site WILDLIFE COMPENDIUM (Continued) Species Birds Troglodytes aedon house wren SYLVIIDAE - GNATCATCHERS Polioptila californica California gnatcatcher TURDIDAE - THRUSHES & ROBINS Sialia mexicana western bluebird MIMIDAE - THRASHERS Mirnus po/yglottos northern rnockingbird STURNIDAE - STARLINGS ~ Stumus vulgaris European starling - PTILOGONATIDAE - SILKY-FLYCATCHERS I Phainopep/a nitens J phainopepla 'I' PARULIDAE - WARBLERS I Vermivora celata orange-crowned warbler Dendroica petechia yellow warbler Dendroica coronata yellow-rumped warbler Dendroica townsendi Townsend's warbler Oporornis tofmiei MacGillivray's warbler Geothlypis trichas common yellowthroat Wi/sonia pusilla Wilson's warbler EMBERIZIDAE - SPARROWS & JUNCOS Pipilo rnaculatus spotted towhee Pipifo crissalis California towhee Aimophila ruficeps rufous-crowned sparrow Chondestes grammacu$ lark sparrow Amphispiza be/Ii sage ~.P.~l!~~ PaBSe{Cu!us sandwichensis: 'S-8v8.llnah spaXKIi.; {fle/DOia /<.2, I I II ~ W!iiilifeC;,:rnrU-'f;,)iU0i Ronald Reagan Sports Park Project Site WILDLIFE COMPENDIUM (Continued) Birds CARDINAlIDAE - GROSBEAKS & BUNTINGS Pheuticus metanocephatus black-headed grosbeak Passerina caerulea blue grosbeak ICTERIDAE - BLACKBIRDS Agetaius phoeniceus red-winged blackbird Agelaius tricoior tricolored blackbird l Euphagus cyanocephalus Brewer's blackbird Quiscalus mexicanus great-tailed grackle Moiothrus ater brown-headed cowbird Icterus cucullatus hooded oriole Icterus buttockii Bullock's oriole FRINGILlIDAE - FINCHES Carpodacus mexicanus house finch Carduetis psaltria lesser goldfinch Carduelis lawrencei Lawrence's goldfinch Carduelis tristis American goldfinch , Ibrl!,()~uced species 1\-4 Wihj/iffC- Cump;-"rY!iw:; APPENDIX B CNDDB FORMS RONALD REAGAN SPORTS PARK DESIL TING BASIN PROJECT MITIGATION AND MINIMIZATION MEASURES Section 6.1.2 of the MSHCP requires that a project provide a Determination of Biologically Equivalent or Superior Preservation (DBESP) when the proposed project cannot feasibly avoid 90 percent of the Riparian/Riverine areas in the survey area. The Mitigation Measures and Standard Conditions below are the applicable measures from the IS/MND that mitigate impacts on Riparian/Riverine resources discussed in this DBESP. Numbering for mitigation measures follows numbering in the IS/MND to facilitate cross-referencing. MM4-1 The City of Temecula will obtain all appropriate permits for impacts to project areas containing U.S. Army Corps of Engineers (USACE) and California Department of Fish and Game (CDFG) jurisdictional resources. Mitigation for the loss of jurisdictional resources will be negotiated with the resource agencies during the regulatory permitting process. These permits will authorize impacts periodic as-needed maintenance to baseline conditions for the life of the long- term permits. No further mitigation will be required for maintenance activities of the basin if these activities occur within the identified impact areas (i.e., baseline condition) and follow all applicable minimization measures listed in the permit. Potential mitigation options may include the payment of an in-lieu mitigation fee to a mitigation bank or regional riparian enhancement program (e.g., invasive species removal), or restoration of riparian habitat either on site or off site at a ratio of no less than 1:1 determined through consultation with the above-listed resource agencies. Prior to the initiation of any construction-related activities, the City will pay the in-lieu mitigation fee to a mitigation bank/enhancement program or prepare and submit a detailed restoration program for USACE and CDFG approval. If a Restoration Program is prepared, it will contain the following items: . Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the Landowner, Specialists, and Maintenance Personnel that would supervise and implement the plan will be specified. . Site selection. The mitigation site will be determined in coordination with the City of Temecula and the above-listed resource agencies. The site will either be located in the survey area in a dedicated open space area or land will be purchased off the site. . Site preparation and planting implementation. Site preparation will include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments (i.e., imprinting, decompacting); (5) temporary irrigation installation; (6) erosion-control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species planting. . Schedule. A schedule will be developed which includes planting in late fall and early winter, between October 1 and January 30. MM4-2 . Maintenance plan/guidelines. The Maintenance Plan will include: (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance; (5) maintenance training; and (6) replacement planting. . Monitoring Plan. The Monitoring Plan will include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria, as approved by the above-listed resource agencies; (4) monthly reports for the first year and reports ever other month thereafter; and (5) annual reports for five years, which will be submitted to the resource agencies on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas. . Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual Mitigation Plan to ensure the mitigation site is not impacted by future development. In addition, the City of Temecula will consult with the RCA to ensure that the mitigation provided for USACE and CDFG permitting is adequate to satisfy requirements of Section 6.1.2 of the MSHCP (i.e., Riparian/Riverine). To avoid or minimize impacts on the least Bell's vireo, the following measures will be followed: . Vegetation-clearing activities will occur during the non-breeding season (September 16 to March 14). . A buffer of willows will be retained around the basin that is at least 25 feet wide. . The willows within the basin will be allowed to grow back between maintenance events. . A focused survey for the least Bell's vireo and southwestern willow flycatcher will be conducted the spring prior to each planned maintenance event. The surveys will follow current USFWS protocol for each species. A focused survey report will be provided to the USFWS, as required by the surveyor's 10(a) permit requirements, documenting the survey findings. If the least Bell's vireo and southwestern willow flycatcher are determined to be absent during the year of the maintenance event, sediment removal activities may be initiated following the completion of the protocol surveys. A survey for active raptor nests is recommended prior to commencement of any construction activities during the raptor nesting season (February 1 to June 30). Restrictions may be placed on construction activities in the vicinity of any active nest until the nest is no longer active, as determined by a qualified Biologist. Typically, a 300- to 500-foot buffer zone is designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the MM44 nest is no longer active, construction can proceed within the buffer zone. Per the MSHCP, the following Construction Minimization Measures (Section 7.5.3 of the MSHCP) will be implemented during project construction to minimize impacts on biological resources during construction: . Plans for water pollution and erosion control will be prepared for all Discretionary Projects involving the movement of earth in excess of 50 cubic yards. The plans will describe sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, and use of plant material for erosion control. Plans will be reviewed and approved by the County of Riverside and participating jurisdiction prior to construction. . Timing of construction activities will consider seasonal requirements for breeding birds and migratory non-resident species. Habitat clearing will be avoided during species active breeding season defined as February 1 to September 15. . Sediment and erosion-control measures will be implemented until such time as soils are determined to be successfully stabilized. . Short-term stream diversions will be accomplished by use of sand bags or other methods that will result in minimal instream impacts. Short-term diversions will consider effects on wildlife. . Silt fencing or other sediment trapping materials will be installed at the downstream end of construction activities to minimize the transport of sediments off-site. . Settling ponds where sediment is collected will be cleaned in a manner that prevents sediment from re-entering the stream or damaging/disturbing adjacent areas. Sediment from settling ponds will be removed to a location where sediment cannot re-enter the stream or surrounding drainage area. Care will be exercised during removal of silt fencing to minimize release of debris or sediment into streams. . No erodible materials will be deposited into water courses. Brush, loose soils, or other debris material will not be stockpiled within stream channels or on adjacent banks. . The footprint of disturbance will be minimized to the maximum extent Feasible. Access to sites will occur on pre-existing access routes to the greatest extent possible. SC 8-1 . Equipment storage, fueling and staging areas will be sited on non-sensitive upland habitat types with minimal risk of direct discharge into riparian areas or other sensitive habitat types. . The limits of disturbance, including the upstream, downstream and lateral extents, will be clearly defined and marked in the field. Monitoring personnel will review the limits of disturbance prior to initiation of construction activities. . During construction, the placement of equipment within the stream or on adjacent banks or adjacent upland habitats occupied by Covered Species that are outside of the project footprint will be avoided. . Exotic species removed during construction will be properly handled to prevent sprouting or re-growth. . Training of construction personnel will be provided. . Ongoing monitoring and reporting will occur for the duration of the construction activity to ensure implementation of best management practices. . When work is conducted during the fire season (as identified by the Riverside County Fire Department) adjacent to coastal sage scrub or chaparral vegetation, appropriate fire-fighting equipment (e.g., extinguishers, shovels, water tankers) will be available on the site during all phases of project construction to help minimize the chance of human-caused wildfires. Shields, protective mats, and/or other fire preventative methods shall be used during grinding, welding, and other spark-inducing activities. Personnel trained in fire hazards, preventative actions, and responses to fires shall advise contractors regarding fire risk from all construction-related activities. . Active construction areas will be watered regularly to control dust and minimize impacts to adjacent vegetation. . All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other toxic substances will occur only in designated areas within the proposed grading limits of the project site. These designated areas will be clearly marked and located in such a manner as to contain runoff. . Waste, dirt, rubble, or trash will not be deposited in the Conservation Area or on native habitat. All BMPs applicable to the proposed project, as described in the National Pollutant Discharge Elimination System (NPDES) permit will be followed during construction and any maintenance activities. These measures may include the following. These BMPs would likely include the measures listed above in Mitigation Measure 4-4 (Construction Minimization Measures listed in Section 7.5.3 of the Western Riverside MSHCP). MITIGATION MONITORING AND REPORTING PROGRAM RONALD REAGAN SPORTS PARK DESILTATION BASIN LONG-TERM MAINTENANCE PROJECT TEMECULA, CALIFORNIA Prepared for: City of Temecula 43200 Business Park Drive Temecula, California 92589 Contact: William Becerra Assistant Engineer (951) 694-6411 Prepared by: BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, California 92626 Contact: Amber Oneal Senior Project Manager/Ecologist (714) 444-9199 November 26, 2007 Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitiaated Neaative Declaration RONALD REAGAN SPORTS PARK DESIL TATION BASIN LONG-TERM MAINTENANCE PROJECT MITIGATED NEGATIVE DECLARATION Mitigation Monitoring and Reporting Program INTRODUCTION The California Public Resources Code 321081.6 (AB 3180) requires that a lead or responsible agency adopt a Mitigation Monitoring and Reporting Program (MMRP) when approving or carrying out a project where an environmental document, either an environmental impact report (EIR) or a mitigated negative declaration (MND), has identified measures to reduce potential adverse environmental impacts to levels that are less than significant. The City of Temecula is the lead agency for the Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project and, therefore, is responsible for implementation of the MMRP. An MND has been prepared for this project which addresses the potential environmental impacts and, where appropriate, recommends measures to mitigate these impacts. An MMRP is therefore required to ensure that adopted mitigation measures are successfully implemented. The MMRP includes Standard Conditions and Mitigation Measures, all of which have been identified as measures to reduce potential adverse environmental impacts. These two components of the mitigation program are described below. . Standard Conditions and Regulations-Standard conditions and regulations are based on local, state, or federal regulations or laws that are frequently required independently of California Environmental Quality Act (CEQA) review and also serve to offset or prevent specific impacts. Typical standard conditions and requirements include compliance with the provisions of the Uniform Building Code, South Coast Air Quality Management District (SCAQMD) Rules, local agency fees, etc. Additional conditions may be imposed on the project by government agencies during the approval process, as appropriate. The applicability of many of the standard conditions and regulations to the project would be determined at later phases of project approval in association with subsequent discretionary and administrative approvals. The City of Temecula Standard Conditions (SC) that would be applied (as appropriate) to the project (i.e., compliance with the SCAQMD regulations, including Rule 402, the Nuisance Rule, and Rule 403, Fugitive Dust.) are listed in this MMRP. When an adopted City of Temecula Standard Condition of Approval is identified, the letters SC followed by a number are used. . Mitigation Measures-Where a potentially significant environmental effect has been identified, and is not reduced to a level considered less than significant through the application of standard conditions and regulations, project-specific mitigation measures have been identified. The Temecula City Council adopts this MMRP in its capacity as the lead agency in accordance with the provisions of the CEQA (Cal. Pub. Res. Code 3321000, et seq.) and its implementing guidelines (14 Cal. Code Regs. 3315000, et seq.) (the CEQA Guidelines). The principal purpose of the MMRP is to ensure that the Board-approved mitigation measures for the adopted project are implemented and monitored for compliance during subsequent planning stages and, ultimately, during project implementation. In general, the City of Temecula is responsible for overseeing implementation and completion of the f;'\Pn:'I",,:ts\T 8m8,:uIUJIJ4\MMRF'-112f_iIJ7 .,:j,:,,: Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitiaated Neaative Declaration adopted mitigation measures. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the attached MMRP table. If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation. MITIGATION MONITORING AND REPORTING PROGRAM MANAGEMENT The MMRP for the Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project will be used for monitoring through all phases of the project, including design, construction, and operation. There are mitigation measures that will need to be implemented continuously throughout the development of the project site. For instance, mitigation measures implemented "prior to the initiation of any construction activities" will need to be implemented before the project can begin the construction phase. The enforcement of the MMRP will be the responsibility of the City of Temecula. The City of Temecula personnel responsible for verifying compliance with the mitigation measures are identified in the MMRP and include the City of Temecula Public Works Department, City of Temecula's Project Manager and Public Works Inspector, an Environmental Monitor, a Qualified Biologist. These parties are responsible for ensuring that the mitigation measures are implemented by the project applicant. If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation. MITIGATION MONITORING REPORTING PROGRAM The MMRP is provided in tabular format to facilitate effective tracking and documentation of the status of mitigation measures. The attached MMRP table provides the following monitoring information: . Mitigation Measure - A list or inventory of all the adopted mitigation measures for the project; . Implementing Action - Identifies the method by which the adopted measure will be initiated by the applicant. Satisfactory completion of the measure will be verified by the Responsible Party; . Method of Verification - Identifies the method by which the mitigation measure is confirmed; . Timing of Verification - The appropriate time or phase for the implementation of each mitigation measure; and . Responsible Party - The City of Temecula is responsible for overseeing the implementation and completion of each mitigation measure. The responsibility to determine compliance with the mitigation measure lies with the City of Temecula Public Works Department, as the lead agency for the project. This MMRP will be supplemented by documentation to address mitigation compliance for each phase of project development. The on-going documentationlmonitoring of mitigation compliance will be completed by the City of Temecula Public Works Department. The completed MMRP and supplemental documents will be kept on file at the offices of the City of Temecula Department Public Works Department. f;'\Pn:'I",,:ts\T 8m8,:uIUJIJ4\MMRF'-112f_iIJ7 .,:j,:,,: 2 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitiqated Neqative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration Mitigation Measure AIR QUALITY Standard Conditions and Regulations SC 3.3-1: The City of Temecula will comply Review of Plans and IMth SCAQMD regulations, including Rule 402, Specifications the Nuisance Rule, and Rule 403, Fugitive Dust. To ensure that the project is in full compliance with both dust regulations and that there is no significant nuisance impact generated on the project site, the City of Temecula will be responsible for ensuring compliance \^lith these regulations throughout project implementation. Mandatory measures set forth by these regulations include, but are not limited to, the following: Implementing Action Method of Verification Time of Verification . Sweep any dirt tracked from the project site onto public streets no less than once per day. . Particulate filters will be used on all diesel equipment. . Exposed surfaces will be watered a minimum of two times daily. If fugitive dust appears to be impacting adjacent residential land uses during times of high wind, additional watering will be conducted and/or grading activities will be halted. . All stockpiles of soil will be covered with tarps. . All trucks used to haul soil from the site \^Iill be covered with a tarp to reduce fugitive dust. Verify inclusion in Plans and Specifications Visual inspection by Construction Engineer Prior to approval of Plans and Specifications Ongoing during construction Responsible Person Date Com pleted City of Temecula Public Works Department Project Manager Public Works Inspector Periodically by verified Environmental Monitor R\f'rojects\T emecul\JJ04\MMRP-112607 .doc Mitigation Monitoring and Reporting Program Summary 3 Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification Responsible Person Date Com pleted Mitigation Measures MM 3.3-1: The City of Temecula Public Review of Plans and Verify inclusion in Plans Ongoing during City of Temecula Public Works Department vvill ensure that stockpiled Specifications and Specifications construction Works Department soil adjacent to Rancho Vista vvill be covered Project Manager vvith tarps or erosion control blankets to ensure Visual inspection by that no dust is allovved to escape from the Construction Engineer Public Works Inspector project site boundary while sediments are allowed to dry (Phase 2). Periodically verified by Environmental Monitor MM 3.3-2: The City of Temecula Public Review of Plans and Verify inclusion in Plans Prior to approval of City of Temecula Public Works Department will ensure that an Specifications and Specifications Plans and Works Department environmental monitor is present during the Specifications Project Manager sediment disposal phase (Phase 3) of the Visual inspection by proposed project. The environmental monitor Environmental Monitor Sediment disposal Environmental Monitor vvill ensure that no particulate matter is allowed phase (Phase 3) to blow from the site into adjacent residential areas, particularly during deposition of sediments into haul trucks, and will have the authority to halt sediment disposal operations if this requirement is not being met. BIOLOGICAL RESOURCES Mitigation Measures MM4-1: The City of Temecula will obtain Review of Plans and Verify inclusion in Plans Prior to the initiation of City of Temecula Public all appropriate permits for impacts to project Specifications and Specifications any construction- Works Department areas containing U.S. Army Corps of related activities Engineers (USACE) and California Department of Fish and Game (CDFG) jurisdictional resources. Mitigation for the loss of jurisdictional resources will be negotiated with the resource agencies during the regulatory permitting process. These permits will authorize periodic as-needed maintenance to baseline conditions for the life of the long-term permits. No further mitigation will be required for maintenance activities of the basin if these activities occur vvithin the identified impact areas (i.e., baseline condition) and follow all applicable minimization measures listed in the R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 4 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method olVerilication Time olVerilication permit. Potential mitigation options may include the payment of an in-lieu mitigation fee to a mitigation bank or regional riparian enhancement program (e.g., invasive species removal), or restoration of riparian habitat either on site or off site at a ratio of no less than 1:1 determined through consultation with the above-listed resource agencies. Prior to the initiation of any construction-related activities, the City will pay the in-lieu mitigation fee to a mitigation bank/enhancement program or prepare and submit a detailed restoration program lor USACE and CDFG approval. II a Restoration Program is prepared, it vvill contain the lollo".;ng items: . Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the LandoVv11er, Specialists, and Maintenance Personnel that would supervise and implement the plan will be specified. . Site selection. The mitigation site vvill be determined in coordination with the City of Temecula and the above-listed resource agencies. The site will either be located on the project site in a dedicated open space area or land vvill be purchased off the site. . Site preparation and planting implementation. Site preparation will include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments (i.e., imprinting, decompacting); (5) temporary irrigation installation; (6) erosion-control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species Responsible Person Date Com pleted R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 5 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification Responsible Person Date Com pleted planting. . Schedule. A schedule IMII be developed VIAlich includes planting in late fall and early vvinter, between October 1 and January 30. . Maintenance plan/guidelines. The Maintenance Plan IMII include: (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance; (5) maintenance training; and (6) replacement planting. . Monitoring Plan. The Monitoring Plan will include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria, as approved by the above-listed resource agencies; (4) monthly reports for the first year and reports ever other month thereafter; and (5) annual reports for five years, which will be submitted to the resource agencies on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas. . Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual Mitigation Plan to ensure the mitigation site is not impacted by future development. In addition, the City of Temecula IMII consult vvith the Riverside Conservation Authority (RCA) to ensure that the mitigation provided for USACE and CDFG permitting is adequate to satisfy requirements of Section 6.1.2 of the Multiple Species Habitat Conservation Plan R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 6 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification (MSHCP) (i.e., Riparian/Riverine). A Determination of Biologically Equivalent or Superior Preservation (DBESP) has been prepared to outline mitigation to meet requirements of the ReA. To avoid or minimize impacts on the least Bell's vireo, the following measures \^/ill be followed: Responsible Person Date Com pleted . Vegetation-clearing activities \^/ill occur during the non-breeding season (September 16 to March 14). . A buffer of willows \^/ill be retained around the basin that is at least 25 feet v.ide. . The \^/illows within the basin will be allovved to grow back between maintenance events. . A focused survey for the least Bell's vireo and southwestern willow flycatcher will be conducted the spring prior to each planned maintenance event. The surveys will follow current USFWS protocol for each species. A focused survey report \^/ill be provided to the USFWS, as required by the surveyor's 10(a) permit requirements, documenting the survey findings. If the least Bell's vireo and southwestern willow flycatcher are determined to be absent during the year of the maintenance event, sediment removal activities may be initiated following the completion of the protocol surveys. MM 4-2: A survey for active raptor nests Review of Plans and \^/ill be conducted prior to commencement of Specifications any construction activities during the raptor nesting season (February 1 to June 30). Restrictions may be placed on construction activities in the vicinity of any active nest until the nest is no longer active, as determined by a Qualified Biologist Typically, a 300- to 500-foot buffer zone is designated around a Verify inclusion in Plans and Specifications Prior to the initiation of any construction-related activities during the raptor nesting season (February 1 to June 30) Qualified Biologist R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 7 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification Responsible Person Date Com pleted nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed vvithin the buffer zone. MM4-3: To avoid impacts on nesting Review of Plans and Verify inclusion in Plans Prior to the initiation of Qualified Biologist birds, vegetation-clearing activities on the Specifications and Specifications any survey area will occur outside the peak nesting construction-related season (March 1 to June 30) per the MSHCP activities during the Construction Minimization Measures. If peak nesting season vegetation clearing occu rs betvveen March (March 1 to June 30) 1 and June 30, a qualified Biologist will conduct a pre-construction survey (or possibly multiple surveys) to identify any active nesting locations. Restrictions may be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active as determined by a Qualified Biologist. MM4-4: The following Construction Review of Plans and Verify inclusion in Plans Ongoing during City of Temecula Public Minimization Measures (Section 7.5.3 of the Specifications and Specifications construction Works Department MSHCP) will be implemented during project Project Manager construction to minimize impacts on biological resources during construction: Periodically verified by Environmental Monitor . Plans for water pollution and erosion control vvill be prepared for all Discretionary Projects involving the movement of earth in excess of 50 cubic yards (cy). The plans will describe sediment and hazardous materials control, deVvatering or diversion structures, fueling and equipment management practices, use of plant material for erosion control. Plans \Mil be reviewed and approved by the County of Riverside and participating jurisdiction prior to construction. . Timing of construction activities will consider seasonal requirements for breeding birds and migratory non-resident species. Habitat clearing \Mil be avoided during species active breeding season defined as March R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 8 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure 1 to June 30. Implementing Action Method of Verification Time of Verification Responsible Person Date Com pleted . Sediment and erosion control measures will be implemented until such time soils are determined to be successfully stabilized. . Short-term stream diversions will be accomplished by use of sand bags or other methods that will result in minimal instream impacts. Short-term diversions will consider effects on wildlife. . Silt fencing or other sediment trapping materials vvill be installed at the downstream end of construction activities to minimize the transport of sediments off-site. . No erodible materials will be deposited into \"vater courses. Brush, loose soils, or other debris material vvill not be stockpiled vvithin stream channels or on adjacent banks. . Settling ponds where sediment is collected vvill be cleaned in a manner that prevents sediment from re-entering the stream or damaging/disturbing adjacent areas. Sediment from settling ponds v.ill be removed to a location where sediment cannot re-enter the stream or surrounding drainage area. Care vvill be exercised during removal of silt fencing to minimize release of debris or sediment into streams. . The footprint of disturbance will be minimized to the maximum extent feasible. Access to sites vvill occur on pre-existing access routes to the greatest extent possible. . Equipment storage, fueling and staging areas will be sited on non-sensitive upland habitat types with minimal risk of direct R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 9 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification discharge into riparian areas or other sensitive habitat types. . The limits of disturbance, including the upstream, downstream and lateral extents, VIoiIl be clearly defined and marked in the field. Monitoring personnel will review the limits of disturbance prior to initiation of construction activities. Responsible Person Date Com pleted . During construction, the placement of equipment within the stream or on adjacent banks or adjacent upland habitats occupied by Covered Species that are outside of the project footprint will be avoided. . Exotic species removed during construction VIoiIl be properly handled to prevent sprouting or reg ro\^lth. . Training of construction personnel will be provided. . Ongoing monitoring and reporting \^/ill occur for the duration of the construction activity to ensure implementation of Best Management Practices (BMPs). . When work is conducted during the fire season (as identified by the Riverside County Fire Department) adjacent to coastal sage scrub or chaparral vegetation, appropriate fire-fighting equipment (e.g., extinguishers, shovels, water tankers) \^/ill be available on the site during all phases of project construction to help minimize the chance of human-caused wildfires. Shields, protective mats, and/or other fire preventative methods shall be used during grinding, welding, and other spark-inducing activities. Personnel trained in fire hazards, preventative actions, and responses to fires R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 10 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification Responsible Person Date Com pleted shall advise contractors regarding fire risk from all construction-related activities. . Active construction areas vvill be Vvatered regularly to control dust and minimize impacts to adjacent vegetation. . All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other toxic substances will occur only in designated areas vvithin the proposed grading limits of the project site. These designated areas will be clearly marked and located in such a manner as to contain run-off. . Waste, dirt, rubble, or trash will not be deposited in the Conservation Area or on native habitat. CULTURAL RESOURCES Standard Conditions and Regulations The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the City of shall direct all furlher excavation or other disturbance of the affected area to immediately cease. The City shall consult and/or authorize an independent, fully qualified specialist to inspect the site, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall authorize the resumption of work. If the discovery is an archaeological/cultural resource, the Director of Planning shall direct that no furlher excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." SC5-1: Prior to the issuance of grading Review of Plans and Verify inclusion in Plans Prior to the issuance of City of Temecula Public permits, the City will demonstrate entrance into Specifications and Specifications grading permits Works Department a Cultural Resources Treatment Agreement IMth the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 11 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification Responsible Person Date Com pleted SC 5-2: If cultural resources are Review of Plans and Visual inspection Ongoing during Qualified Archaeologist discovered during project construction Specifications construction (inadvertent discoveries), all \fvOrk in the area Representatives of the of the find shall cease, and a qualified Pechanga Tribe archaeologist and representatives of the Pechanga Tribe shall be retained by the City to investigate the find, and make recommendations as to treatment and mitigation. SC 5-3: A qualified archaeological Review of Plans and Verify inclusion in Plans Ongoing during Qualified Archaeologist monitor \Mil be present and \Mil have the Specifications and Specifications grading activities authority to stop and redirect grading activities, in consultation \^lith the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resou rces discovered on the property. SC5-4: Tribal monitors from the Review of Plans and Verify inclusion in Plans Ongoing during Pechanga Tribal Pechanga Tribe shall be allowed to monitor all Specifications and Specifications grading, excavation Monitors grading, excavation and ground breaking and groundbreaking activities, including all archaeological surveys, activities testing, and studies, if cultural resources are discovered. SC 5-5: The City agrees to relinquish Review of Plans and Verify inclusion in Plans Ongoing during City of Temecula Public o\^/l1ership of all cultural resources, including all Specifications and Specifications construction Works Department archaeological artifacts that are found on the project site, to the Pechanga Tribe for proper treatment and disposition if determined to be culturally related to the Pechanga Tribe. SC 5-6: All sacred sites are to be avoided Review of Plans and Verify inclusion in Plans Ongoing during City of Temecula Public and preserved. Specifications and Specifications construction Works Department Project Manager SC 5-7: If human remains are discovered, Review of Plans and Verify inclusion in Plans Ongoing during City of Temecula Public the Riverside County Coroner's office must be Specifications and Specifications construction Works Department notified immediately under State law (California Project Manager Health and Safety Code 97050.5), and all activities in the immediate area of the find must cease until appropriate and lawful measures have been implemented. If the Coroner R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 12 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification Responsible Person Date Com pleted determines that the remains are Native American, the Coroner will contact the Native American Heritage Commission (NAHC) (California Public Resources Code 95097.98). The NAHC \Mil designate a Most Likely Descendent who will make recommendations concerning the disposition of the remains in consultation with the lead agency and Project Archaeologist. A mitigation monitoring program should be incorporated into the document to identify the milestone at which each measure will need to be implemented, and the Department or Agency responsible for ensuring its completion. HAZARDS AND HAZARDOUS MATERIALS Standard Conditions and Regulations SC7-1: During maintenance activities, all Review of Plans and Verify inclusion in Plans During maintenance City of Temecula applicable Occupational Health and Safety Specifications and Specifications activities Community Services Administration (OSHA) standards \Mil be Department followed. Maintenance Superintendent SC 7-2: Prior to initiation of maintenance Review of Plans and Verify inclusion in Plans At least two weeks City of Temecula activities, local emergency service providers, Specifications and Specifications prior to the initiation of Community Service all business owners, and all adjacent maintenance activities Department landowners/homeowners will be notified of the location and duration of maintenance activities. Construction specifications will state that notification vvill take place at least t\A..o vveeks prior to initiation of maintenance activities. R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 13 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification Responsible Person Date Com pleted HYDROLOGY AND WATER QUALITY Standard Conditions and Regulations SC8-1: All BMPs applicable to the Review of Plans and Verify inclusion in Plans During construction City of Temecula Public proposed project, as described in the National Specifications and Specifications and maintenance Works Department pollutant Discharge Elimination System activities Project Manager (NPDES) permit will be followed during construction and any maintenance activities. Public Works Inspector These BMPs would likely include the measures listed above in Mitigation Measure City of Temecula 4-4 (Construction Minimization Measures listed Community Services in Section 7.5.3 of the Western Riverside Department MSHCP). Maintenance Superintendent TRANSPORT A T10N/TRAFFIC Mitigation Measures MM 15-1: Prior to the initiation of Review of Plans and Verify inclusion in Plans Prior to the initiation of City of Temecula Public construction activities, the Contractor will Specifications and Specifications Construction Works Department submit a Traffic Control Plan to the City of Project Manager Temecula for review and approval. The Traffic Control Plan ""II describe traffic control measures that shall be implemented to Periodically verified by maintain traffic and emergency vehicle flow in Environmental Monitor all directions. Said traffic management measures will be implemented during on-going long-term basin maintenance activities. The Traffic Control Plan will include: . Configuration of construction equipment parking to minimize traffic interference; . The minimization of obstruction of through-traffic lanes. Project should be planned so that lane closures on existing streets are kept to a minimum; . The minimization of traffic and access related impacts to the Ronald Reagan R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 14 Mitigation Monitoring and Reporting Program Summary Ronald Reagan Sports Park Desiltation Basin Long- Term Maintenance Project Initial Study And Mitigated Negative Declaration MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY Ronald Regan Sports Park Desiltation Basin Long-Term Maintenance Project Mitigated Negative Declaration (Continued) Mitigation Measure Implementing Action Method of Verification Time of Verification Responsible Person Date Com pleted Sports Park; . The scheduling of operations affecting traffic for off-peak hours to the best extent vvhen possible. In addition, to minimize impacts resulting from project implementation on operations at Temecula Valley High School, project construction activities and associated material transport on site or within the project vicinity 1M II be limited to betvveen 7:45 AM and 7:00 PM Monday through Friday, IMth a break in associated vehicle traffic from 2:20 to 2:50 PM to allow for end-of-school related traffic. R\f'rojects\T emecul\JJ04\MMRP-112607 .doc 15 Mitigation Monitoring and Reporting Program Summary RONALD REAGAN SPORTS PARK DESILTATION BASIN LONG-TERM MAINTENANCE PROJECT Response to Public Comments On the Initial Study/Mitigated Negative Declaration Prepared for: City of Temecula 43200 Business Park Drive Temecula, CA 92589 Contact: Will Becerra Assistant Engineer (951) 694-6411 Prepared by: BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, CA 92626 Contact: Amber Oneal Senior Project Manager/Ecologist (714) 444-9199 November 26, 2007 TABLE OF CONTENTS RESPONSE TO PUBLIC COMMENTS Letter Acencv/Oraanization Pace A B C D Introduction............................................................................................................ ii State Clearinghouse and Planning Unit ............................................................. A-1 Riverside County Flood Control District and Water Conservation District........... B-1 Native American Heritage Commission ............................................................. C-1 Errata and Clarifications .................................................................................... D-1 f;'\Pn:'181:ts\T 8m81:uIUJIJ4\Fn'_ -112f_iIJ7,j,:,,: RESPONSE TO PUBLIC COMMENTS RONALD REAGAN SPORTS PARK DESIL TATION BASIN LONG-TERM MAINTENANCE PROJECT TEMECULA, CA INTRODUCTION The public review period for Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Ronald Reagan Sports Park Desiltation Basin Long-term Maintenance Project. A total of three letters were received on the IS/MND. The entities that commented on the DSEIR include: A. State Clearinghouse and Planning Unit (November 16, 2007) B. Riverside County Flood Control District and Water Conservation District (November 8, 2007) C. Native American Heritage Commission (November 13, 2007) Responses to the letters have been prepared according to Section 15088 of the State CEQA Guidelines. Letters received during the public review period have been reproduced in the section that follows. All letters received have been reviewed and substantive comments have been identified. Two of the letters stated that there were no comments on the IS/MND; thus no responses are required. Responses to the third letter have been prepared and follow the comment letter in this "Response to Public Comments" Appendix to the Final IS/MND. Each comment in each letter for which a response is required has been numbered for easy reference. In preparation of the Determination of Biologically Equivalent or Superior Preservation (DBESP), Mitigation Measures 4-1 was refined slightly. The revision is included in Section D "Errata and Clarifications" . Lette r A STATE OF CALIFORNIA f":~} .~. GOVERNOR'S OFFICE of PLANNING AND REsEARCH STATE CLEARINGHOUSE AND PLANNING UNIT ARNOLOScI{W^RU;~I;OOEll GOVl!RNOR CVIlTllU.BRt"ANl" -o.~ NovemherI6,2007 ) 'G07 William Becerra CityofTcmecula Public Works 43200 Business Park Drive Temecula, CA 92589 Subject: Ronald Reagan Sports Dcsiltation Basin Long.tenn Maintenance Project SCH#: 200710]084 Dear William Becerra: TIle Slste Clearinghouse submitted the above named Mitigated Negative Declaration to selected stale agencies for review. The review period closed on November 15, 2007, and no Slale agencies submined comments by that dale, This lelter acknowledges that you bave complied with the Stste Clearinghouse review requirements for draft environmental documents, pursuant to the California Enviromnental Quality Act. Please call the StateC1earinghouse at(916) 445-0613 if you have any qu estions regarding the environmental review proce~s, If you have a question about the above_named project, please refer 10 the ten-digit State Clearinghouse number when conlacting this office. Sincerely, ~,4<-t.Z;- Director, State Clearinghouse 1400 10th Slreel P.O. Box 30<< Sacramenlo,Califomia95812-3044 (916)445-0613 FAX (916) n3.3018 www.opr.ca.gov SCH# ProjectTiVe Lead Agency Document Details Report State Clearinghouse Data Base 2007101084 Ronald Reagan Sports Desiltalion Basin tJ:lng-term Maintenance Project TemeCIJla,Cityof Typ< D9scrlption ON o MWgated Negative Declaration Ol111oing long-term routine maintence of an existing sedimellt basin. The basin would ba drainoo and sediment would be removed to restore the capaclly of the basin to its original design elevation. The removed sediment would be spre!ld in an adjacer\t distumed area to dry, and then exported off site to an appropriate landfill. Witkiw riparian vegetation would be temporarily removed to accommodate lhe silt removal; a strip of willows (25 feet or greater) would be left around the edges of the basin to provide a visual buffer. Ripariall vegetatioll would be allowed to grow between maintellallce activities. lead Agency Contact Name William Becerra Agency City of Temecuta Public Works Phone 951-694-6411 email Address City F" 432008usinessParkOrive Temecula State CA Zip 92589 Project locatIon County Riverside City Temecula Region Crns~Streets Parce/No. Township RallchoVista Road and Margarita Road 945-050-006 85 Range 2W Selltlon 6, T Base Proximity to: Highways SR-79, /..15 Airports RailwaYif WatelWays SChools Land Use Temecuta Creek, Murrieta Creek, Empire Creek, long Canyon, and San Diego Aqueduct 6 HS, 3 MS, 6 ES, 1 Academy, 2 Preparatory Public Park and RocreationlOpenSpace Projccflssues Air Quality; Bklloglcal Resources; TraffrdCireulation Reviewing Agencies ResourCes Agency: Dep!lrtmenl of Fish and Game, Region 6: Department of Parl-:s and Recreation: Reciamation Board: Department 01 Water Resources: QtI;ce of Emergency Servjces; California Highway Palrol: Cat trans. District 8: Stale Water Resources Colltml Board, Clean Water Program: Recional Water Quality Control Board. Region 9: Department of Toxic Substances Control: Nalive American Heritage Commission; Public Utitities CommiSSion Date Received 10/16/2007 SfartofRevlew 10/1712007 End of Review 11/1512007 Note: Blanks in d!lta fields resutl from Insufficienl information provided by lead agency. A. State Clearinghouse and Planning Unit (November 16, 2007) Letter contains no comments requiring a response. A-1 Lette r B WARREN D. WILLIAMS (icncmtManagcr.ChicfEnginc,<,r @ t995MARKE:TSTKEET RIVERSttJE,CA'I2'i0l 951.9'iS.tl00 FAX9SI,nl\.991l'i www,n,.."lcolllrol.co,rivcNoidc_ca,u, RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT November S, 2007 ~ ')~J7 Mr. William Becerra CityofTemecula Dep;lrtmcnt of Public Works 43200 Bu~incss Park Drive Tcmccula, CA 92589 DcarMr.Beccrra: Rc: Ronald Reagan Sports Park DcsiltationllasinMaintcnance The Riverside County Flood Control and Water Conservation District received a copy of the CEQA Notice of AvailabilitylNotice of Intent to Adopt a Negative Declaration for the proposed Ronald Reagan Purk Dcsiltation Basin Long-Term Maintenance Project. As described, the proposed project consists of sediment removal from an existing basin at the Ronald Reagan Sports I'ark. Based on the project description provided in the Initia] Study, the District does nut have any comments regarding the proposcd project at this time. Following its adoption, plcase forward a copy of the final CEQA document for our files. Thank YOll for submitting the CEQA documcnt for our review. Any questions regarding this letter may be referrcd to me at 95] .955.1233 or 10 Randy Sheppeard at 951.955.1306. Very truly yours, c0~J>J,,~ TERESA TUNG ~ U Senior Civil Engineer c: TLMA AUn: David Mares RS:mcv P8\116865 B. Riverside County Flood Control District and Water Conservation District (November 8, 2007) Letter contains no comments requiring a response. B-1 RTATFnI'r.'II~nl\NIA A""""s<_""""~...n,,u'nnJ: NA nVE AMERICAN HERITAGE COMMISSION S15CAPlTOLMAll,1l00M_ 8ACHAMEM"O,CA_l. lM5)553G61 Fm<(015)M1-l>a9O _sftewww"".."..o_ .",.II:de_nehc_fIII_.f'oot ~ R-.-- IECF.~~UF=n f - V _~_ 1 r<DV 15 2n07 I . r ! Novembef 13. 2007 Mr. Vllltliam Boocora CITY OF TEMECULA PUBLIC WORKS DEPARTMENT 432008l1SinessParkOtive Tem8CUla.CA92569 , ,Sl~y OF I ~!,~CUr-,\ ~~..':!.:::...~!~~.fP,\J-1n(f:orr ~__ u_ Ro: SCH#2007101084' CECA Notice olComDlebon: MibO<lted N-e<Jabve Oeclarabon lor Ronald Reacon Soorts Park DasiltatOl'1 Basin Lona- Tenn Maintenaca p~' Citv ofTomecuta' Rivel$ide County Caftfomia Deer MI. Becerra T11e Native American Heritage CommiSSion is the state's Trus\$e Agency lor Native Amttri<.;an Cultural Resourl:eS, The California Environmental Quality Act (CEQA) requires thai any projeeithal CllU8e1l a substantial adversecll.angeirlthesi~ficanceofanhi5toricalresource,thatinclude6archaeologiClllresoulC8S.i8a'significent effect' requiring the preparatiOll of an Environmantallmpad Report(EIR) perCEQAguidalinas ~ 15064_5(b)(c). In order 10 oompty with this provision, the tead agency is required to ass8Sswhetherthe project wiQhaveanadverse impact on th ~" _, Il:es within the 'aree of potential elTect (APEY, and /I so, to mfligal8ll1at elfecl To adequatelY} assess the project_1llta\ed impacta on historical ~Urt:e1i, the CommiSSIOn recQmm<l1ld5 tha lolIowing action: . " COOtactltle appropliate California Hi6toric ResourC88lnlormation Center (CHRIS). Contacllnformation for the InlormatioryCenternearefll:)ou.iuovllilable fuJm _ltIitStaje,Offi9'! Q/",Hj~J.o~(; p.I'eS('IV!JIiOIl {9,1616S3_721S)" _; "'," ,; hllD'llWwWohooarksca aovf1068IfiiesI1C%20ROll19r PdI The record search will determine: 11.llpartottheentire,APEIIl:lslieenprh10U$JySUlVey~lotculturlllreJiour~.", ,'..'''.,.,.',.".".... 1f'illl"\yknowfleuttura,lre,5QureeS have already been,reQofdoo iri 'Oi-'adjacliirt to,1I18 APE.. '. ._!,. /Ith~,'probabilily,i,s'low;moderate,orhjghthatcutturalresourcesatel?calBdiilt!leAf'€'.. ,,' ,; . IIasulVeyisrequinXIto,determinewhetherprevioustyunMCofdadculturatreaourceearttprellllnt.," .JllanllrcliaeologicetinVer1,lorysulVey'isrequired,thefinaJSIa'Qeisltlepreparabonofaproltt6sionalrepoi1detailing} the findings and recommendation& 01 tile records search and field IlUlVey., . . The final report contailling site forms, sitesignificance. and mitigation melJSurers should be submitted immediataly tothe planning department All information regarding site locations, Native American human remairis. and associated funerary objecta should be in a separate confiden~alllddendum, and not bemad9 lIVailableforpubK:dsclOllure. . " , '.., " " . ~ The finat Written report should btt submitted withm 3 months allerw'lIk; has be9n'complete-d to thllllppropriate regionatarcha90logicallnlormationCentar_ ,. } "Conlactll1aNativeAmeripan HerilageCommission (NAHejlor:', '.,.,~.,. . A Sacred Lands Ae (SLF)saalClt olllle proj8cl ar.,. and inlonnation on tribal oontadli' in !he projOct vicinity Ihat may have additional cultural resourottinlormatioo. Please provide this officelMththafo~owinQ 'citation lormatto assist with the Sacred Lands File search raquest USGS 7 5-minute auadranote citation '. with name. townshiD 'ranoaalldaeclion- . _ . _,', The NAHC advises the use of Native American Monitors to enaure proper identification and care givan cultulal } rasciur0e8 that may be discovered. The NAHC recommends thai oonlllet b9 made with Native American , Ccinlllcts on the attached Ijstto get their input on pollllltial projecllmpact(APE)_ In some Ml:lOO, the existence or . a Native American cultulBl re&OUI"OO5 mllY be known only to a local tribe(sl_ ,_..' ;; Lackofsulfaceevidenceofercheologicalresourcelldoos,notpradudetheirsubsurtaceWlilll\lnce. ,'l--ead ag<meioo should include in thejr mitigabon pl;in provisions for thtt idtllllificatiOll elld evaluation of _ _..} , accidentally discoveredar~eologjcal resources, per Caliloi-nJiI El)vironmental_ Quality Act (CEQA) S15064_5 (I). Inereasof,identifiedarchaoologicalsensitivity.j1cartifiedarclla.~.andsculturaltyaffitiatedNative Americari.Withknowledgeinpulturalreoources,_ShO/ltdmOnilorllQground-<listuro;!lgectivities. ~eai1agenc1es.ShOuldjIlCludein'tI1eirmilig8tionptenpriwt$iofl8loi'the4s~tion'ofrecoveredartilacia,in , coOau!tatroii.).;th cutt..iiaityllffillllled NoitiveAmarica.ns....,: "",' ",~,:,v -..,-, , :":'1:.,."," {_~d llge~,I~uld indude p.yI~ns fof.OSOoveryJjr.Native~eriCll"-hu.maMemail)l\,q,r unmar1l:ed oometeries irithllirmitigationptan&_" ',- , ' - -, ',.. -.. ",' -"'," , ' -"'- --::". ". - C;:~QAGuideljnas.,Seclion,15064_S(d) requires the tllad agency IoWOlli. with the NativttAmelicanl identified bythi& Commission if ltIe initial Study identifies the presence orlikety plelience of Nativl,l American human remains wrthill thtt APE. CEQA Guidelines provide for i1greamenls with Native AmericslI, identified by ltIe NAHC, to assure the apPropriate and dignified treatmentof NatiYe American human remains and allY associalttd grave liens_ ..--. ,. ,"' Lette r C 1 1 2 3 , 4 5 , iC 6 7 i. , .J Health and Sa,...ty Code ~7050.5, Public Resources Code !i5097.98 and Sec. !i15064.5 (d) Ofth8 CEQA Guidelines mandate procedures to bBfoIlowed in the event of an accidBntat discovery of any I\uman lemains in a locationotherthanadedicated~metery. .J ll!ad ao&ncieS$l\ould colIsider RVoidance liS defined in ~ 15370 oftf1e CECA Guidelines when sionificant cultural re:sourcetl are discoverod durinothe courneofDrtliectDlanninrlandimlltem8ntation etocontactmaat(916)6S3--6251 If you I\ave any QUestions, Attachment . I of Naliva American Contacts } 7 (cant.) } 8 , ,- I I- C. Native American Heritage Commission (November 13,2007) Response to Comment No. 1 Records Search. The project history, specifically the 1998 Negative Declaration, indicates that the siltation basin has been previously and repeatedly desilted and that no cultural resources were identified during those activities. It is inferred from these data that a cultural resources records search would not be justified. Response to Comment NO.2 Survey. The project history, specifically the 1998 Negative Declaration, indicates that the siltation basin has been previously and repeatedly desilted and that no cultural resources were identified during those activities. It is inferred from these data that a cultural resources surveyed would not be justified. Response to Comment NO.3 SLF. A request for a search of the Sacred Lands File database was made on November 19, 2007. The results of this search have not yet been received. Response to Comment NO.4 Native American monitoring. The City has agreed that tribal monitoring by members of the Pechanga Reservation shall be allowed (see Standard Condition 5-4). In addition, letters were sent to the nine Native American groups listed by the Native American Heritage Commission. Among these was the Pechanga Sand of Mission Indians, with which the City has a memorandum of understanding regarding the treatment of Native American cultural resources. As of this date, no comments have been received from any of those contacts. Response to Comment NO.5 Inadvertent finds. The City has addressed the procedures to be undertaken in the event previously unidentified cultural resources are discovered during construction activities (see Standard Condition 5-2). Response to Comment NO.6 Disposition of artifacts. The City has addressed the procedures to be undertaken for the disposition of Native American cultural resources discovered during construction activities (see Standard Condition 5-5). Response to Comment No. 7 Native American human remains. The City has addressed the procedures to be undertaken in the event Native American human remains are discovered during construction activities (see Standard Condition 5-7). Response to Comment NO.8 Avoidance of significant cultural resources. The City has addressed the procedures to be undertaken for the preservation of Native American sacred sites discovered during construction activities (see Standard Condition 5-6). C-1 D. Errata and Clarifications In preparation of the Determination of Biologically Equivalent or Superior Preservation (DBESP), Mitigation Measures 4-1 was refined slightly. Within the IS/MND, Mitigation Measure 4-1 read as follows: MM4-1 The City of Temecula will obtain all appropriate permits for impacts to project areas containing U.S. Army Corps of Engineers (USACE) and California Department of Fish and Game (CDFG) jurisdictional resources. Mitigation for the loss of jurisdictional resources will be negotiated with the resource agencies during the regulatory permitting process. Potential mitigation options may include the payment of an in-lieu mitigation fee to a mitigation bank or regional riparian enhancement program (e.g., invasive species removal), or restoration of riparian habitat either on site or off site at a ratio of no less than 1:1 determined through consultation with the above-listed resource agencies. Prior to the initiation of any construction-related activities, the City will pay the in-lieu mitigation fee to a mitigation bank/enhancement program or prepare and submit a detailed restoration program for USACE and CDFG approval. If a Restoration Program is prepared, it will contain the following items: . Responsibilities and qualifications of the personnel to implement and supervise the plan. The responsibilities of the Landowner, Specialists, and Maintenance Personnel that would supervise and implement the plan will be specified. . Site selection. The mitigation site will be determined in coordination with the City of Temecula and the above-listed resource agencies. The site will either be located on the project site in a dedicated open space area or land will be purchased off the site. . Site preparation and planting implementation. Site preparation will include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments (i.e., imprinting, decompacting); (5) temporary irrigation installation; (6) erosion-control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species planting. . Schedule. A schedule will be developed which includes planting in late fall and early winter, between October 1 and January 30. . Maintenance plan/guidelines. The Maintenance Plan will include: (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance; (5) maintenance training; and (6) replacement planting. . Monitoring Plan. The Monitoring Plan will include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria, as approved by the above-listed resource agencies; (4) monthly reports for the first year and reports ever other month thereafter; and (5) annual reports for five years, which will be submitted to the resource agencies on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas. . Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual Mitigation Plan to ensure the mitigation site is not impacted by future development. D-1 In addition, the City of Temecula will consult with the RCA to ensure that the mitigation provided for USACE and CDFG permitting is adequate to satisfy requirements of Section 6.1.2 of the MSHCP (i.e., Riparian/Riverine). A Determination of Biologically Equivalent or Superior Preservation (DBESP) will be prepared outlining mitigation to meet requirements of the RCA. The DBESP will include a measure to avoid and minimize impacts on the least Bell's vireo, including (1) clearing of habitat, which will occur during the non-breeding season (September 16 to March 14); (2) retaining a buffer of willows that is at least 25 feet wide around the basin; and (3) allowing the basin to naturally revegetate with willows between routine on-going long-term maintenance events. The revised Mitigation Measure 4-1 from the DBESP reads as follows. Revisions are underlined. MM4-1 The City of Temecula will obtain all appropriate permits for impacts to project areas containing U.S. Army Corps of Engineers (USACE) and California Department of Fish and Game (CDFG) jurisdictional resources. Mitigation for the loss of jurisdictional resources will be negotiated with the resource agencies during the regulatory permitting process. These oermits will authorize oeriodic as-needed maintenance to baseline conditions for the life of the lona-term oermits. No further mitiaation will be reauired for maintenance activities of the basin if these activities occur within the identified imoact areas (i.e.. baseline condition) and follow all aoolicable minimization measures listed in the oermit. Potential mitigation options may include the payment of an in-lieu mitigation fee to a mitigation bank or regional riparian enhancement program (e.g., invasive species removal), or restoration of riparian habitat either on site or off site at a ratio of no less than 1:1 determined through consultation with the above-listed resource agencies. Prior to the initiation of any construction-related activities, the City will pay the in-lieu mitigation fee to a mitigation bank/enhancement program or prepare and submit a detailed restoration program for USACE and CDFG approval. If a Restoration Program is prepared, it will contain the following items: . Respansibilities and qualificatians .of the persannel ta implement and supervise the plan. The responsibilities of the Landowner, Specialists, and Maintenance Personnel that would supervise and implement the plan will be specified. . Site se/ectian. The mitigation site will be determined in coordination with the City of Temecula and the above-listed resource agencies. The site will either be located in the survey area in a dedicated open space area or land will be purchased off the site. . Site preparatian and planting implementatian. Site preparation will include: (1) protection of existing native species; (2) trash and weed removal; (3) native species salvage and reuse (i.e., duff); (4) soil treatments (i.e., imprinting, decompacting); (5) temporary irrigation installation; (6) erosion-control measures (i.e., rice or willow wattles); (7) seed mix application; and (8) container species planting. . Schedule. A schedule will be developed which includes planting in late fall and early winter, between October 1 and January 30. D-2 . Maintenance plan/guidelines. The Maintenance Plan will include: (1) weed control; (2) herbivory control; (3) trash removal; (4) irrigation system maintenance; (5) maintenance training; and (6) replacement planting. . Monitoring Plan. The Monitoring Plan will include: (1) qualitative monitoring (i.e., photographs and general observations); (2) quantitative monitoring (i.e., randomly placed transects); (3) performance criteria, as approved by the above-listed resource agencies; (4) monthly reports for the first year and reports ever other month thereafter; and (5) annual reports for five years, which will be submitted to the resource agencies on an annual basis. The site will be monitored and maintained for five years to ensure successful establishment of riparian habitat within the restored and created areas. . Long-term preservation. Long-term preservation of the site will also be outlined in the conceptual Mitigation Plan to ensure the mitigation site is not impacted by future development. In addition, the City of Temecula will consult with the RCA to ensure that the mitigation provided for USACE and CDFG permitting is adequate to satisfy requirements of Section 6.1.2 of the MSHCP (i.e., Riparian/Riverine). To avoid or minimize imoacts on the least Bell's vireo. the followina measures will be followed: . Veaetation-c1earina activities will occur durina the non-breedina seasolJ. ISeotember 16 to March 14). . A buffer of willows will be retained around the basin that is at least 25 feet wide. . The willows within the basin will be allowed to arow back between maintenance events. . A focused survev for the least Bell's vireo and southwestern willow flvcatcher will be conducted the sorina orior to each olanned maintenance event. The survevs will follow current USFlNS orotocol for each soecies~ A focused survev reoort will be orovided to the USFlNS. as reauired bv the survevor's 101a) oermit reauirements. documentina the survev findinos. If the least Bell's vireo and southwestern willow flvcatcher are determined to be absent durina the vear of the maintenance event. sediment removal activities mav be initiated followina the comoletion of the orotocol survevs. D-3 1 ~ ~ " z ... ~ "'" ... '" ~ Q ~ ~ ~ ~ >- ~ 0 ~ 0 ~ " >t:: ~ " ~ . "'" ... '" "'" V1l13....-..o311V:) ~ ~ CALLE VENTURA on Z ~ -~ ~ U ~ ~ '" Ii ~ ~ >t:: 0 u ~ \ '" z . <:: " g <:: > ~ . f " Q . -- "'" 3 ~~ 5 ~ , Vlllto31<iO:J 00 ffi z E::: >t::~ U if C A .... ~ f... - U ~ f:l - '" z~ C " ...., ll:: 0 .... ~ TEMECULA COMMUNITY SERVICES DISTRICT PUBLIC HEARING ITEM NO. 24 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: December 11,2007 SUBJECT: Service Level C Election Public Hearing PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CALLING A SPECIAL MAIL BALLOT ELECTION FOR MARCH 4, 2008 TO SUBMIT A PROPOSED INCREASE TO THE RATES AND CHARGES FOR SERVICE LEVEL C TO OWNERS OF REAL PROPERTY SUBJECT TO THE PROPOSED INCREASE, APPROVING A REPORT ON THE PROPOSED INCREASE AND ADOPTING PROCEDURES FOR THE CONDUCT OF THE ELECTION 2. Approve the Notice of Election, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots. 3. Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council also services as the Board of Directors of the TCSD. Upon incorporation, the TCSD established Service Level C and accepted the landscape maintenance responsibilities for residential perimeter landscaping and slope maintenance that were previously maintained by Riverside County Service Area 143. In addition, as new residential development occurred, TCSD accepted additional perimeter landscaping and slope areas or zones into Service Level C. At this time TCSD has established thirty-one (31) Service Level C zones. See Attachment 1 for a listing of the zones. Service Level C rates and charges assessed for each zone were determined by the then current maintenance costs based on the areas' square footage, plant material and topography. The total landscape maintenance costs were proportionally spread among all assessable property owners within the tract(s) associated with the residential development. The passage of California Proposition 218 in 1996 restricted the ability to increase Service Level C rates and charges without conducting a noticed public hearing and a property owner mailed ballot election. Service Level C rates and charges, which are collected with property taxes, have not increased since they were established. Meanwhile, the costs for utilities and maintenance costs have continued to rise. As a result, in most cases, the charge currently being collected does not cover the actual cost to maintain each zone. The thirty-one (31) Service Level C zones can be grouped into three (3) separate categories. The first category includes four (4) zones that are adequately funded for their respective zones' maintenance costs. This group includes zones 2, 9, 16 and 28. The property owners in this zone will be asked to approve an annual adjustment for future years' fiscal needs. The second category includes twenty-five (25) zones that are not adequately funded for their respective zones' maintenance costs. This group includes zones 1,3,4,5,6,7,8, 10, 11, 12, 13, 14, 15, 17, 18, 19,20,21,22,23,24,25,26,27 and 30. The property owners in these zones will be asked to approve a rate increase along with an annual adjustment. The third category includes two (2) zones that are adequately funded for their respective zones' maintenance costs and the property owners have approved an annual adjustment. This group includes zones 29 and 31. No action will be required for these zones. On October 9, 2007 and in accordance with Proposition 218, the Board of Directors adopted the resolution of intention to increase Service Level C rates and charges; directed staff to prepare a levy report regarding the proposed increase and gave direction to staff to mail the Notice of Public Hearing to all the affected property owners. The Notice of Public Hearing was mailed on Friday, October 26, 2007. At tonight's Public Hearing, the Board of Directors must hear and consider all objections or protests to the levy report and proposed Service Level C rate and charge increase which includes an annual Consumer Price Index (CPI) adjustment for use in future years, as needed. If a majority of the property owners in a particular zone present a written protest to the proposed increase then the Board must abandon any proceedings for the proposed increase in that zone. In this instance, the individual property owners would continue to be assessed at their current Service Level C rate and charge. However, if the majority of property owners, in a particular zone, do not submit a written protest against the proposed rate increase, the Board of Directors may then submit the proposed increases to an election in each zone requiring a majority approval of the returned mailed ballots forthat zone. In this instance, the Board of Directors can order and call for an election for March 4, 2008 and direct staff to mail the Notice of Election, Ballot and Procedures for Completion, Return and Tabulation of Ballots in accordance with Proposition 218. In order for a ballot to be counted, it must be submitted or mailed to the City Clerk!TCSD Secretary by 8:00 p.m. on Tuesday, March 4, 2008. The ballot must be completed in conformance with the procedures provided and should be mailed in the self addressed, stamped envelope provided. The results of the election shall be announced by the City Clerk! District Secretary at the end of the tabulation and presented to the Community Services District for formal certification at its meeting by Tuesday, March 28, 2008. The Ballot, Notice of Election and Procedures for the Completion, Return and Tabulation of the Ballots will be provided in Spanish as required by statute. FISCAL IMPACT: Cost for mailing the ballots including mail merge services, printing, postage and translation services are $27,900. This is funded through existing Community Services Fund 190 appropriations. ATTACHMENTS: List of Zones Resolution Attachment 1 LIST OF ZONES Square Proposed Footage of Annual Annual Landscaped Current Rate Number Zone Development Area Rate Increase of Years 1 Saddlewood 326,235 $ 116.00 $ 14.64 7 2 Winchester Creek 217,848 89 NA NA 3 Rancho Highlands 257,901 116 10.85 2 4 The Vineyards 47,229 46 6.30 7 5 Signet Series 524,770 175 14.50 2 6 Woodcrest Country 94,870 89 6.00 1 7 Ridgeview 135,014 89 11.58 7 8 Village Grove 891,584 175 19.92 4 9 Rancho Solana 8,500 46 NA NA 10 Martinique 40,517 116 12.00 1 11 Meadowview Homes 25,959 175 28.75 11 12 Vintage Hills 592,597 116 12.12 4 13 Presley Development 127,497 46 5.13 3 14 Morrison Homes 73,568 89 9.06 4 15 Barclay Estates 63,560 175 24.23 7 16 Tradewinds 149,500 175 NA NA 17 Monte Vista 11,500 46 4.87 5 18 Temeku Hills 550,000 70 7.22 5 19 Chantemar 295,000 225 3.00 1 20 Crowne Hill 799,200 175 8.00 1 21 Vail Ranch 1,350,000 129 13.18 3 22 Sutton Place 32,000 116 14.64 7 23 Pheasant Run 35,000 20 2.28 5 24 Harveston 761,175 100 2.00 1 25 Serena Hills 245,150 200 18,45 4 26 Traditions (Gallery) 10,630 270 26.18 3 27 Avondale 36,372 70 6,49 3 28 Wolf Creek 1,120,952 129 NA NA 29 Portraits (Gallery) 14,812 315 NA NA 30 Valdemosa 50,308 129 9,45 2 31 Roripaugh Ranch 192,700 26 NA NA ATTACHMENT 2 RESOLUTION NO. CSD 07- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CALLING A SPECIAL MAIL BALLOT ELECTION FOR MARCH 4, 2008 TO SUBMIT A PROPOSED INCREASE TO THE RATES AND CHARGES FOR SERVICE LEVEL C TO OWNERS OF REAL PROPERTY SUBJECT TO THE PROPOSED INCREASE, APPROVING A REPORT ON THE PROPOSED INCREASE AND ADOPTING PROCEDURES FOR THE CONDUCT OF THE ELECTION THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On October 9, 2007 the Board of Directors (the "Board") of the Temecula Community Services District (the "TCSD") adopted Resolution No. 07-12 declaring its intention to increase rates and charges for Service Level C commencing Fiscal Year 2008-2009 and to provide an annual adjustment to such rates and charges (the "Proposed Increase"). Section 2. Pursuant to Article XIIID of the California Constitution ("Proposition 218") TCSD Board must hold a noticed public hearing on the Proposed Increase and the report (the "Written Report") containing a description of each parcel of real property to which the Proposed Increase is applicable and the amount of the Proposed Increase, and to consider protests to the Proposed Increase and, if a majority protest is not received at the public hearing, the Council must submit the question of the Proposed Increase to a vote of the owners of the property subject to the Proposed Increase for approval before the Proposed Increase may be levied. Section 3. In accordance with Proposition 218, the Board held a duly noticed public hearing on the matter of the Written Report and the Proposed Increase on December 11, 2007 and took testimony, both written and oral. Section 4. The Board hereby approves the Written Report, which is incorporated herein by this reference, and the Proposed Increase described in the Written Report. Section 5. The Board determines that for each Service Level C zone, written protests have not been received from a majority of the owners of the parcels subject to the Proposed Increase in that particular Service Level C zone. Section 6. The Board hereby calls a special election, to be held solely by mail ballot, for the purpose of submitting the Proposed Increase to a vote of the owners of parcels that are subject to the Proposed Increase within each Service Level C zone. The date of the election shall be Tuesday, March 4, 2008. Ballots must be received by the City Clerk/Secretary of the TCSD no later than 8:00 p.m. on the date of the election. Section 7. The notice and ballot to be submitted to the property owners shall be substantially in the forms attached as Exhibit A, which are incorporated herein by this reference. Section 8. The Board hereby approves the Procedures for the Completion, Return and Tabulation of Ballots (the "Ballot Procedures") as set forth in Exhibit B, which is incorporated herein by this reference, and directs the Ballot Procedures to be placed on file in the office of the City Clerk/Secretary of the TCSD. The special election called by this resolution shall be conducted in accordance with Ballot Procedures. Section 9. The City Clerk/Secretary of the TCSD is hereby authorized to canvass the returns of the election. The officers and staff of the TCSD are hereby authorized and directed to take such further action as may be necessary and appropriate in preparing for and conducting the election. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City ofTemecula this 11 th day of December, 2007. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 07- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 11th day of December, 2007, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary Exhibit A Service Level C Notice and Ballot Notice and Ballot - CPI Only Notice and Ballot - 1 Year Rate Increase & CPI Notice and Ballot - Multi- Y ear Rate Increase & CPI NOTICE OF ELECTION ZONE :::<ZONE>~ - l:::<TRACT NAME>>! PROPOSED SERVICE LEVEL C RATES AND CHARGES The Temecula Community Services District (TCSD) finds it necessary to propose an increase to the rates and charges for perimeter landscaping and slope landscape maintenance services (Service Level C) beginning July 1, 2008 and is proposing to include an annual inflation adjustment based upon the Consumer Price Index increase (collectively, the "Proposed Increase"). TCSD prepared a report regarding the Proposed Increase, which is filed with the Secretary of the TCSD (the "Report"). The Report identifies the properties upon which the Proposed Increase will be imposed (the "Properties"), if approved, beginning Fiscal Year 2008-2009. For your Service Level C zone, beginning Fiscal Year 2008-2009 the TCSD proposes to increase the annual Service Level C charge, as needed, by the percentage change in the Los Angeles-Riverside-Orange Counties, CA Consumer Price Index for All Urban Consumers (CPI-U) for the previous calendar year but by no more than 5%. On December 11, 2007 the Board of Directors conducted a public hearing and considered all objections or protests to the Report and the Proposed Increase. At the conclusion of the public hearing, the Board determined that written protests against the Proposed Increase were presented by less than a majority of owners of the Properties in your Service Level C zone. As a result the TCSD Board has called an election by the Property owners for approval of the Proposed Increase. The Board of Directors encourages you to return the ballot indicating your approval of or opposition to the Proposed Increase and to use the enclosed envelope. The ballot must be received by the City Clerk/District Secretary no later than 8:00 pm on March 4, 2008. The Proposed Increase for your Service Level C zone will be abandoned if the ballots are not approved by a majority vote of the returned ballots. In the event the Proposed Increase is abandoned, the property owner will continue to be assessed at their current Service Level C charge. - 1 - Pursuant to the federal Voting Rights Act we are also providing the enclosed ballot materials in Spanish. If you have any questions about this notice, ballot or Proposed Increase, please do not hesitate to contact Barbara Smith at the City of Temecula, Community Services Department at (951) 694-6480. - 2- OFFICIAL BALLOT Zone ~ON~ - [TRACT NAM~ TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL C RATES AND CHARGES PROPERTY OWNER: PWNER11 pWNEIq MAIL ADDRESsl rITY,-STATE ZIP CODEj PROPERTY: APN: l-\pN ISITUS' NO SITUS [!j YES 0 Shall the annual charge for Service Level C (perimeter landscaping and slope maintenance services), as specified in Temecula Community Services District Resolution No. 07-XX, beginning Fiscal Year 2008-2009 be subject to an annual inflation adjustment that is based on the Riverside County Consumer Price Index-Urban Consumers (CPI-U) percentage change for the previous calendar year and that cannot exceed 5% annually? NO 0 I hereby declare, under penalty ofperjury that I am the record owner, or the authorized representative of the record owner, of the parcel identified above. Signature Date Print Name Summary of Procedures for the Comoletion.. Return.. and Tabulation of Ballots To vote, mark the square after the word "YES" or after the word "NO," print your name, sign and date the ballot. Check only one box. Ballots must be completed in ink and returned in the enclosed envelope self- addressed to the City Clerk/District Secretary; City of Temecula, P.O. Box 9033; Temecula CA 92589 or delivered to City of Temecula; Attn: City Clerk/District Secretary at 43200 Business Park Drive, Temecula, CA 92590 prior to 8:00 pm on Tuesday, March 4,2008. For a more complete explanation of the balloting process please refer to the enclosed "Procedures for the Completion, Return and Tabulation of Ballots." BARCODEYES BARCODENO NOTICE OF ELECTION ZONE :::<ZONE>::E -l<<TRACT NAME>>: PROPOSED SERVICE LEVEL C RATES AND CHARGES The Temecula Community Services District (TCSD) finds it necessary to propose an increase to the rates and charges for perimeter landscaping and slope landscape maintenance services (Service Level C) beginning July 1, 2008 and is proposing to include an annual inflation adjustment based upon the Consumer Price Index increase (collectively, the "Proposed Increase"). TCSD prepared a report regarding the Proposed Increase, which is filed with the Secretary of the TCSD (the "Report"). The Report identifies the properties upon which the Proposed Increase will be imposed (the "Properties"), if approved, beginning Fiscal Year 2008-2009. For your Service Level C zone, the Fiscal Year 2008-2009 Service Level C charge is proposed to be $'<<PROPOSED RATE>i. Beginning Fiscal Year 2009-2010, TCSD proposes to increase, as needed, the annual Service Level C charge by the percentage change in the Los Angeles-Riverside-Orange Counties, CA Consumer Price Index for All Urban Consumers (CPI-U) for the previous calendar year but by not more than 5%. On December 11, 2007 the Board of Directors conducted a public hearing and considered all objections or protests to the Report and the Proposed Increase. At the conclusion of the public hearing, The Board determined that written protests against the Proposed Increase were presented by less than a majority of owners of the properties in your Service Level C zone. As a result the TCSD Board has called an election by the Property owners for approval of the Proposed Increase. The Board of Directors encourages you to return the ballot indicating your approval of or opposition to the Proposed Increase and to use the enclosed envelope. The ballot must be received by the City Clerk/District Secretary no later than 8:00 pm on March 4, 2008. The Proposed Increase for your Service Level C zone will be abandoned if the ballots are not approved by a majority vote of the returned ballots. In the event the Proposed Increase is abandoned, the property owner will continue to be assessed at their current Service Level C charge. - 1 - Pursuant to the federal Voting Rights Act we are also providing the enclosed ballot materials in Spanish. If you have any questions about this notice, ballot or Proposed Increase, please do not hesitate to contact Barbara Smith at the City of Temecula, Community Services Department at (951) 694-6480. - 2- OFFICIAL BALLOT Zone ~ON~ - [TRACT NAM~ TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL C RATES AND CHARGES PROPERTY OWNER: PWNER11 pWNEIq MAIL ADDRESsl rITY,-STATE ZIP CODEj PROPERTY: APN: l-\pN ISITUS' NO SITUS [!j YES 0 Shall the annual charge for Service Level C (perimeter landscaping and slope maintenance services), as specified in Temecula Community Services District Resolution No. 07-XX: NO 0 1) Be increased by $IrNCREAS~ per parcel for Fiscal Year 2008-2009 and 2) Beginning Fiscal Year 2009-2010 be subject to an annual inflation adjustment that is based on the Riverside County Consumer Price Index-Urban Consumers (CPI - U) percentage change for the previous calendar year and that cannot exceed 5% annually? I hereby declare, under penalty ofperjury that I am the record owner, or the authorized representative of the record owner, of the parcel identified above. Signature Date Print Name Summary of Procedures for the Comoletion.. Return.. and Tabulation of Ballots To vote, mark the square after the word "YES" or after the word "NO," print your name, sign and date the ballot. Check only one box. Ballots must be completed in ink and returned in the enclosed envelope self- addressed to the City Clerk/District Secretary; City of Temecula, P.O. Box 9033; Temecula CA 92589 or delivered to City of Temecula; Attn: City Clerk/District Secretary at 43200 Business Park Drive, Temecula, CA 92590 prior to 8:00 pm on Tuesday, March 4,2008. For a more complete explanation of the balloting process please refer to the enclosed "Procedures for the Completion, Return and Tabulation of Ballots." BARCODEYES BARCODENO NOTICE OF ELECTION ZONE :::<ZONE>~ - l:::<TRACT NAME>>! PROPOSED SERVICE LEVEL C RATES AND CHARGES The Temecula Community Services District (TCSD) finds it necessary to propose an increase to the rates and charges for perimeter landscaping and slope landscape maintenance services (Service Level C) beginning July 1, 2008 and is proposing to include an annual inflation adjustment based upon the Consumer Price Index increase (collectively, the "Proposed Increase"). TCSD prepared a report regarding the Proposed Increase, which is filed with the Secretary of the TCSD (the "Report"). The Report identifies the properties upon which the Proposed Increase will be imposed (the "Properties"), if approved, beginning Fiscal Year 2008-2009. For your Service Level C zone, the Fiscal Year 2008-2009 Service Level C charge is f)rof)osed to increase by $:<<1 NCREASE>::i, for a total charge of $r<PROPOSED RATE>>!. This charge will increase annually by $<<INCREASE>::! through Fiscal Year 2018-2019. Beginning Fiscal Year 2019- 2020, TCSD proposes to increase, as needed, the annual Service Level C Charges by the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the previous calendar year but by no more than 5%. On December 11, 2007 the Board of Directors conducted a public hearing and considered all objections or protests to the Report and the Proposed Increase. At the conclusion of the public hearing, The Board determined that written protests against the Proposed Increase were presented by less than a majority of owners of the Properties in your Service Level C zone. As a result the TCSD Board has called an election by the Property owners for approval of the Proposed Increase. The Board of Directors encourages you to return the ballot indicating your approval of or opposition to the Proposed Increase and to use the enclosed envelope. The ballot must be received by the City Clerk/District Secretary no later than 8:00 pm on March 4, 2008. - 1 - The Proposed Increase for your Service Level C zone will be abandoned if the ballots are not approved by a majority vote of the returned ballots. In the event the Proposed Increase is abandoned, the property owner will continue to be assessed at their current Service Level C charge. Pursuant to the federal Voting Rights Act we are also providing the enclosed ballot materials in Spanish. If you have any questions about this notice, ballot or Proposed Increase, please do not hesitate to contact Barbara Smith at the City of Temecula, Community Services Department at (951) 694-6480. - 2- OFFICIAL BALLOT Zone ~ON~ - [TRACT NAM~ TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL C RATES AND CHARGES PROPERTY OWNER: PWNER11 pWNEIq MAIL ADDRESsl rITY,-STATE ZIP CODEj PROPERTY: APN: l-\pN ISITUS' NO SITUS [!j YES 0 Shall the annual charge for Service Level C (perimeter landscaping and slope maintenance services), as specified in Temecula Community Services District Resolution No. 07-XX: NO 0 1) Be increased by $~NCREAS~ per parcel each year for Fiscal Years 2008-2009 through 2018-2019 and 2) Beginning Fiscal Year 2019-2020 be subject to an annual inflation adjustment that is based on the Riverside County Consumer Price Index-All Urban Consumers (CPI - U) percentage change for the previous calendar year and that cannot exceed 5% annually? I hereby declare, under penalty ofperjury that I am the record owner, or the authorized representative of the record owner, of the parcel identified above. Signature Date Print Name Summary of Procedures for the Comoletion.. Return.. and Tabulation of Ballots To vote, mark the square after the word "YES" or after the word "NO," print your name, sign and date the ballot. Check only one box. Ballots must be completed in ink and returned in the enclosed envelope self- addressed to the City Clerk/District Secretary; City of Temecula, P.O. Box 9033; Temecula CA 92589 or delivered to City of Temecula; Attn: City Clerk/District Secretary at 43200 Business Park Drive, Temecula, CA 92590 prior to 8:00 pm on Tuesday, March 4,2008. For a more complete explanation of the balloting process please refer to the enclosed "Procedures for the Completion, Return and Tabulation of Ballots." BARCODEYES BARCODENO Exhibit B Service Level C Procedures for the Completion, Return, and Tabulation of Ballots TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS I. Completion of Ballots Who may complete a ballot A ballot may be completed by the owner of the parcel to be charged. As used in these Procedures, the term "owner" includes the owner's authorized representative. If the owner of the parcel is a partnership, joint tenancy, or tenancy in common, a ballot may be completed by any of the general partners, joint tenants, or tenants in common. Only one ballot may be completed for each parcel. Duplicate ballots If a ballot is lost, destroyed or never received, the City Clerk/District Secretary will provide a duplicate ballot to the owner upon receipt of a request in writing to the City Clerk, at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. The duplicate ballot will be marked to show the date on which the ballot was provided and to identify it as a duplicate ballot. Marking and signing the ballot To complete a ballot, the owner of the parcel must (1) mark the appropriate box approving or opposing the proposed charge, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner's authorized representative. Only one box may be marked on each ballot. Ballots must be completed in ink. Only ballots provided by the District will be accepted The District will only accept ballots mailed or otherwise provided to owners by the District. Photocopies, faxes, and other forms of the ballot will not be accepted. - 1 - TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS II. Return of Ballots Who may return ballots A ballot may be returned by the owner of the parcel or by anyone authorized by the owner to return the ballot. Where to return ballots Ballots may be mailed to the Cit y Clerk/District Secretary's Office, at P.O. Box 9033, Temecula, California, 92589-9033, (the District has provided a return envelope). Ballots may also be delivered in person to the City Clerk/District Secretary's Office at 43200 Business Park Drive, Temecula, California 92590. Ballots may not be returned by fax. When to return ballots All returned ballots must be received by the City ClerklDistrict Secretary's Office prior to 8:00 p.m. on March 4, 2008. The City Clerk/District Secretary will stamp on the ballot the date of its receipt. Withdrawal of ballots After returning a ballot to the City Clerk/District Secretary, the person who signed the ballot may withdraw the ballot by submitting a written request in person to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. Such request must be received by the City Clerk/District Secretary prior to 8:00 p.m. on March 4, 2008. If any ballot has been withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City Clerk/District Secretary will retain all withdrawn ballots and will indicate on the face of such ballots that they have been withdrawn. - 2- TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS III. Tabulation of Ballots Which ballots will be counted Only ballots which are completed and returned in compliance with these procedures will be counted. Ballots received by the City Clerk/District Secretary after 8:00 p.m. on March 4, 2008 will not be counted. Ballots which are not signed by the owner will not be counted. Ballots with no boxes marked, or with more than one box marked, will not be counted. Ballots withdrawn in accordance with these procedures will not be counted. The City Clerk/District Secretary will keep a record of each duplicate ballot provided to an owner and will verify, prior to counting any duplicate ballot, that only one ballot has been returned for the parcel. If a non-duplicate ballot has been returned, the District will count the non-duplicate ballot and disregard all duplicate ballots. If only duplicate ballots have been returned, the District will count the earliest provided duplicate ballot and disregard the later provided duplicate ballots. How ballots will be tabulated Ballots may be counted by hand, by computer or by any other tabulating device. Who will tabulate ballots Ballot tabulation will be overseen by the City Clerk/District Secretary. When and where will the ballots be tabulated Ballots will be opened and tabulated on Wednesday, March 5, 2008 starting at 8:30 a.m. in the City Council Conference Room at Temecula City Hall, 43200 Business Park Drive, Temecula, California, 92590. This process is open to the general public. - 3 - TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS Results of tabulation The results of the tabulation will be announced following the completion of the tabulation and entered in the minutes of the Board of Directors meeting by March 25, 2008. IV. Resolution of Disputes In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the District will make such determination from the last equalized assessment roll and any evidence of ownership submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to ownership of property and the District's determination of ownership will be final and conclusive. In the event of a dispute regarding whether the signer of a ballot is an authorized representative of the owner of the parcel, the District may rely on the statement on the ballot, signed under penalty of perjury, that the person completing the ballot is the owner's authorized representative and any evidence submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to whether the signer of the ballot is an authorized representative of the owner and the District's determination will be final and conclusive. V. General Information For further information, contact the City Clerk/District Secretary at (951) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590. - 4- DISTRICT BUSINESS ITEM NO. 25 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 11,2007 SUBJECT: Appointment of President and Vice President of the Community Services District for Calendar Year 2008 RECOMMENDATION: That the Board of Directors: 1. Entertain motions from the Board of Directors to appoint the President, effective January 1, 2008, to preside until the end of Calendar Year 2008; 2. Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2008, who will assume the duties of the President in the President's absence, and hold this office until the end of Calendar Year 2008. BACKGROUND: The Community Services District Board of Directors appoints a member to serve as President and Vice President annually. These offices are assumed at the first meeting of the Community Services District in January and the newly elected officers will preside through the Calendar Year of 2008. FISCAL IMPACT: None ATTACHMENTS: None REDEVELOPMENT AGENCY ITEM NO. 26 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY NOVEMBER 27,2007 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:13 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 3 AGENCY MEMBERS: Naggar, Washington, Edwards ABSENT: 2 AGENCY MEMBERS: Roberts and Comerchero. Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS None. RDA CONSENT CALENDAR 22 Minutes RECOMMENDATION: 22.1 Approve the minutes of November 6, 2007. MOTION: Agency Member Naggar moved to approve the RDA Consent Calendar. Agency Member Washington seconded the motion and electronic vote reflected approval with the exception of Agency Members Roberts and Comerchero who were absent. RDA DEPARTMENTAL REPORT 23 Redevelopment Departmental Monthlv Report RDA EXECUTIVE DIRECTORS REPORT No reports at this time. RDA AGENCY MEMBERS REPORTS No reports at this time. R:\Minutes\112707 RDA ADJOURNMENT At 8:13 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, December 11, 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\112707 2 ITEM NO. 27 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Genie Roberts, Director of Finance DATE: December 11,2007 SUBJECT: Financial Statements for the Three Months Ended September 30, 2007 PREPARED BY: Jason Simpson, Assistant Finance Director Shannon Buckley, Accountant RECOM M ENDA TION: That the Agency Members receive and file the Financial Statements for the three months ended September 30,2007. BACKGROUND: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the three months ended September 30,2007. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: no net impact. The estimated revenues and appropriation for Debt Service Fund has ATTACHMENTS: -Combining Balance Sheet as of September 30,2007 -Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the Three Months Ended September 30, 2007 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of September 30, 2007 and the Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual for the Three Months Ended September 30, 2007 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of September 30, 2007 Low/Mod elP Debt Fund Fund Service Total Assets: Cash and investments $9,146,007 $22,317,647 $740,673 $32,204,327 Receivables 7,339,841 292,350 6,229 7,638,420 Land held for resale 6,616,1 77 98,484 6,714,661 Total assets $23,1 02,025 $22,708,481 $746,902 $46,557,408 Liabilities and fimd balance: Liabilities: Other current liabilities $410,581 $31,949 $1,810,853 $2,253,383 Deferred revenue 6,475,181 125,000 6,600,181 Total liabilities 6,885,762 156,949 1,810,853 8,853,564 Total Fund balance: Reserved 16,216,263 22,551,532 (1,063,951) 37,703,844 Total liabilities and fund balance $23,1 02,025 $22,708,481 $746,902 $46,557,408 Please note that these balances are lUlaudited Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Three Months Ended September 30, 2007 Annual Amended YTD Total Percent Budget Activity Encumbrances Activity of Budget Revenues: Property tax increment $3,007,107 $59,070 $59,070 2% (1) Investment interest 280,733 84,042 84,042 30% Rental income 126,000 (2) Forgivable Loan RepaymentfMisc. 45,000 17,021 17,021 38% (J) Reimbursements 81,090 81,090 (4) Total Revenues 3,458,840 241,223 241,223 7% Expenditures: Salaries and benefits 326,377 76,961 76,961 24% Operating and administrative expenditures 505,161 60,656 $129,503 190,159 38% (5) Affordable housing I fuhtre obligations 305,000 305,000 305,000 100% (6) Affordable housing units 4,000,000 (7) Residential rehabilitation programs 230,047 16,300 31,880 48,180 21% Habitat II 250,000 1,500 150,000 151,500 61% (8) Old Town Mixed Use 961 961 961 100% Temecula Education Center 892,937 55,788 693,124 748,912 84% (9) Old Town Mixed Use- Dalton III 3,300,000 (7) Total Expenditures 9,810,483 516,205 1,005,468 1,521,673 16% Revenues Over/(Under) Expenditures (6,J5l,64J) (274,982) Beginning Fund Balance, July 1,2007 16,491,245 16,491,245 Ending Fund Balance, September 30, 2007 $10,139,602 $16,216,263 Notes: 1) Property Tax increment is received in January and May of this fiscal year. 2) The annual rent from Temecula Gardens is expected to be received in April of this fiscal year. 3) The variance in forgivable loans is higher due to more than expected residential rehab loans refinanced during this fiscal year. 4) The variance in reimbursements is due to two payments received from EMWD; $18,061.50 for the Diaz Road Re-Alignment Project and and $63,028.59 for the Education Center project. 5) The variance in operating and administrative expenditures is due to encumbrances that are recorded but are expected to be incurred over an extended period oftime after quarter end. 6) The variance is due to the annual contribution to the Mission Village project rehabilitation in July 2007. 7) The Affordable Housing Units and Old Town Mixed Use - Dalton III projects payment is due at end of construction. Per RDA staff, payment should occur within the next quarter. 8) The variance in the Habitat II project expenditures is due to encumbrances that are recorded but are expected to be incurred over an extended period oftime after quarter end. 9) Although the related development agreement expired March 2007, the variance is due to remaining contracted work for grading that the RDA is in process of finalizing. Annual Amended YTD Budget Activity Encumbrances Revenues: Investment interest $20,000 $21,943 Loan interest lJ,OOO 2,848 Reimbursements/Misc. 20,000 Rental Income 2,800 1,018 Total Revenues 55,800 25,809 Capital Projects: Old Town Building F~ades 280-8lJ 93,973 3,915 $9,608 Erie Stanley Gardner 280-834 2,680 2,680 Old Town Sixth Street Bollards 280-841 30,000 Opemting Expenditures: Salaries and wages lJ5,046 40,099 Operating and administrative expenditures 362,539 68,201 111,427 Old Town plan implementation 201,028 44,955 44,681 Total Expenditures 825,266 157,170 168,396 Revenues Over/(Under) Expenditures (769,466) (131,361) Other Financing Sources (Uses): Transfers in 600,000 Transfers Out (20,710,340) (683,054) Revenues Over/(Under) Expenditures (21,479,806) (814,415) and Other Financing Sources (Uses) Beginning Flllld Balance, July 1, 2007 23,365,947 23,365,947 Ending Flllld Balance, September 30,2007 $1,886,141 $22,551,532 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Redevelopment Agency-elP For the Tmee Months Ended September 30,2007 Percent Total of Activity Budget $21,943 110% (1) 2,848 22% 1,018 36% 25,809 46% lJ,523 14% 2,680 100% (3) 40,099 30% 179,628 50% (4) 89,636 45% (5) 325,566 39% (2) Notes: 1) Investment interest was higher than expected due to higher cash balances versus timing of payments on the Civic Center Phase I projects. 2) Transfers in are expected to occur when tax increment receipts are received by the Debt Service Flllld in January and May of this fiscal year. 3) The Old Town Sixth Street Bollards project has not yet started during this quarter. 4) The variance in operating and administrative expenditures is due to encumbrances that are recorded for the remainder ofthe year. 5) The variance in Old Town plan implementation is due to encumbrances that are recorded, but for which expenditures will incurred over an extended period following the end of the quarter. 3 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual Redevelopment Agency - Debt Service For the Three Months Ended September 30,2007 Annual Amended Budget Revenues: Property tax increment Investment interest $12,028,429 49,460 12,077,889 Total Revenues Expenditures: Trustees admin fees Property Tax Admin Fees Pass-through agreements Debt service - principal Debt service - interest 10,000 123,291 8,251,234 755,000 2,381,234 Total Expenditures 11,520,759 557, lJO Revenues Over/(Under) Expenditures Other Financing Sources (Uses): Transfers in Transfers Out (600,000) Revenues Over/(Under) Expenditures and Other Financing Sources (Uses) (42,870) 720,660 $677,790 Beginning Flllld Balance, July 1, 2007 Ending Flllld Balance, September 30, 2007 YTD Total Percent Activity Encumbrances Activity of Budget $236,279 $236,279 2% (1) 8,888 8,888 18% 245,167 245,167 2% 6,350 $3,125 9,475 95% (2) (3) 175,300 2% (1) 755,000 100% (4) 1,093,128 46% (4) 2,032,903 18% 175,300 755,000 1,093,128 2,029,778 3,125 (1,784,611) (1,784,611) 720,660 ($1,063,951) (5) Notes: 1) Property Tax increments and Pass-through agreement obligations are received in January and May of this fiscal year. 2) Trustees admin fees for RDA TAB's are paid in August ofthis fiscal year. 3) Property Tax Admin Fees are recorded in January and Mayas RDA tax increment is received. 4) Debt service principal and interest expenditures for RDA TAB's represent payments made in August ofthis fiscal year. 5) The temporary operating deficit is a direct result of the timing of debt service payments which is required earlier than when the RDA receives its tax increment payments. 4 AGENCY BUSINESS ITEM NO. 28 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 11,2007 SUBJECT: Appointment of Chairperson and Vice Chairperson of the Redevelopment Agency for Calendar Year 2008 RECOMMENDATION: That the Board of Directors: 1. Entertain motions from the Agency Members to appoint the Chairperson to preside, effective January 1, 2008, until the end of Calendar Year 2008. 2. Entertain motions from the Agency Members to appoint the Vice Chairperson, effective January 1, 2008, who will assume the duties of the Chairperson in the Chairperson's absence, and hold this office until the end of Calendar Year 2008. BACKGROUND: The Temecula Redevelopment Agency Board of Directors appoints a member to serve as Chairperson and Vice Chairperson annually. These offices are assumed at the first meeting of the T emecula Redevelopment Agency in January and the newly elected officers will preside through the Calendar Year of 2008. FISCAL IMPACT: None ATTACHMENTS: None PUBLIC HEARING ITEM NO. 29 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 11,2007 SUBJECT: AS 1600 Financial Reports PREPARED BY: Jason Simpson, Assistant Finance Director RECOMMENDATION: That the City Council approve the AS 1600 Financial Reports. BACKGROUND: Government Code Sections 66006 requires that an accounting of the developer impact fees be made public and the information reviewed in a regularly scheduled public hearing. The Legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a matter of statewide interest and concern. Annually, the City Finance Department staff compiles a report of expenditures made with the developer impact fees collected and interest accrued during the year. Staff has compiled the AS 1600 Report for this purpose and recommends acceptance and approval of the report of expenditures made with the developer impact fees after hearing public testimony. This report covers activity for Fiscal Year Ending June 30, 2007. FISCAL IMPACT: Monies must be used within five years for specified purposes or returned to the developer. All funds are all programmed to be spent in accordance with the 2008- 2012 Capital Improvement Program adopted June 12, 2007, by the City Council. ATTACHMENTS: AS 1600 Reports City of Temecula Open Space Government Code 66000 Calculation FY 2006-07 Attachment No.1 Fees are collected for open space land acquisitions. The impact fees for open space land are based on the cost of land needed to maintain the City's existing ratio of open space acreage to population. Because these fees are population-driven, they apply only to residential development. The fee is $536.13 per residential attached unit (condominium, apartment, townhouse, and duplex) and $748.35 per residential detached unit (single family), payable at the time of issuance of a certificate of occupancy. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees $ 228,255 Interest income $ 34,907 Contributions from property owners Transfers in Total Sources $ 263,162 Expenditures & Other Uses: Capital Projects $ 80,000 Transfers out Total Uses $ 80,000 Total Available $ 738,849 $ 183,162 $ 922,011 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Endinq Fund Balance June 30, 2007 Previous Years Revenues N/A Revenues Collected from FY2003/04 $ 64,246 Revenues Collected from FY2004/05 $ 331,441 Revenues Collected from FY2005/06 $ 263,162 Revenues Collected from FY2006/07 $ 263,162 Total Ending Fund Balance $ 922,011 Result: Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Proiects FY 2006-07 % Complete % Funded With Fee 210.165.738 PEDESTRIAN BRIDGE $ 50,000 5.00% 25.40% 210.190.185. MULTI TRAILS SYSTEM CITYWIDE $ 10,000 87.90% 51.70% 210.190.195 RORIPAUGH TRAILS $ 20,000 27.20% 86.70% Total $ 80,000 City of Temecula Public Facilities & Road Benefit Government Code 66000 Calculation FY 2006-07 Attachment No.2 Fee is collected to provide street system, park and recreation, corporate, fire protection, and library facilities in an amount sufficient to meet the estimated demand created by residential and non-residential developments constructed in the City through build out. The fee varied depending on development type and was collected for each building payable upon the issuance of the certificate of occupancy. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees Interest income $ 10,163 Contri butions from property owners Transfers in Total Sources $ 10,163 Expenditures & Other Uses: Capital Projects $ 426,801 Transfers out Total Uses $ 426,801 Total Available $ 479,799 $ (416,638) $ 63,161 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2007 Previous Years Revenues $ - Revenues Collected from FY2003/04 $ 23,181 Revenues Collected from FY2004/05 $ 14,231 Revenues Collected from FY2005/06 $ 15,586 Revenues Collected from FY2006/07 $ 10,163 Total Ending Fund Balance $ 63,161 Result: Five vear spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2006-07 % Complete % Funded With Fee 210.165.733 WOLF CREEK FIRE STATION $ 426,801 99.00% 9.70% Total $ 426,801 City of Temecula Public Services Government Code 66000 Calculation FY 2006-07 Attachment No.3 Fee is collected to provide future space for police facilities and equipment. The fee is $350.25 per residential attached unit (condominium, apartment, townhouse, and duplex), $197.97 per detached unit (single family), and $.05-$.20 per square foot of floor area for commercial developments. Fees is payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permit is issued for commercial developments. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees Interest income $ 3,857 Contri butions from property owners Transfers in Total Sources $ 3,857 Expenditures & Other Uses: Capital Projects $ 209,745 Transfers out Total Uses $ 209,745 Total Available $ 205,888 $ (205,888) $ - Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Endinq Fund Balance June 30, 2007 Previous Years Revenues $ - Revenues Collected from FY2003/04 $ - Revenues Collected from FY2004/05 $ - Revenues Collected from FY2005/06 $ - Revenues Collected from FY2006/07 $ - Total Ending Fund Balance $ - Result: Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Proiects FY 2006-07 % Complete % Funded With Fee 210.165.733 WOLF CREEK FIRE STATION $ 209,745 99.00% 6.10% Total $ 209,745 City of Temecula Fire Protection Government Code 66000 Calculation FY 2006-07 Attachment No.4 Fee is collected to provide fire protection facilities in an amount sufficient to meet the estimated demand created by residential and non-residential development constructed in the City through build out. The fee varied depending on development type and was collected for each building payable upon the issuance of the certificate of occupancy. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees Interest income $ 5,704 Contributions from property owners Transfers in Total Sources $ 5,704 Expenditures & Other Uses: Capital Projects $ 298,263 Transfers out Total Uses $ 298,263 Total Available $ 303,811 $ (292,559) $ 11,252 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30,2007 Previous Years Revenues $ - Revenues Collected from FY2003/04 $ - Revenues Collected from FY2004/05 $ - Revenues Collected from FY2005/06 $ 5,548 Revenues Collected from FY2006/07 $ 5,704 Total Ending Fund Balance $ 11,252 Result: Five vear spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Proiects FY 2006-07 % Complete % Funded With Fee 210.165.733 WOLF CREEK FIRE STATION $ 298,263 99.00% 6.20% Total $ 298,263 City of Temecula Street Improvements Government Code 66000 Calculation FY 2006-07 Attachment No.5 Fee is collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $1,088.33 per residential attached unit (condominium, apartment, townhouse, and duplex), $1,555.62 per residential detached unit (single family), and $1.23-5.95 per square foot of floor area for commercial development. Fee is payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees $ 1,906,732 Interest income $ 219,926 Contributions from property owners Transfers in Total Sources $ 2,126,658 Exoenditures & Other Uses: Capital Projects $ 3,042,855 Transfers out Total Uses $ 3,042,855 Total Available $ 5,504,653 $ (916,197) $ 4,588,456 Five Year Revenue Test Using First In First Out Method Unsoent Funds Reoresent Endinq Fund Balance June 30, 2007 Previous Years Revenues N/A Revenues Collected from FY2003/04 N/A Revenues Collected from FY2004/05 N/A Revenues Collected from FY2005/06 $ 2,461,798 Revenues Collected from FY2006/07 $ 2,126,658 Total Ending Fund Balance $ 4,588,456 Result: Five year soent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Caoitallmorovement Proiects FY 2006-07 % Comolete % Funded With Fee 210.165.602 MURRIETA CREEK BRIDGE $ 100,000 81.70% 60.50% 210.165.624 RANCHO CAL OLDTOWN FRONT $ 20,000 31.10% 50.90% 210.165.62579 SOUTH MEDIANS $ 631,900 99.70% 11.90% 210.165.632 DIAZ REALIGNMENT $ 1,296,000 76.20% 67.30% 210.165.668 PECHANGA $ 994,955 57.80% 7.90% Total $ 3,042,855 City of Temecula Traffic Signals and Traffic Control Systems Government Code 66000 Calculation FY 2006-07 Attachment No.6 Fee is collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $154.14 per residential attached unit (condominium, apartment, townhouse, and duplex), $220.20 per residential detached unit (single family), and $.3A-$.84 per square foot of floor area for commercial development. Fee is payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees $ 273,928 Interest income $ 35,716 Contributions from property owners Transfers in Total Sources $ 309,644 Expenditures & Other Uses: Capital Projects $ 270,177 Transfers out Total Uses $ 270,177 Total Available $ 842,298 $ 39,467 $ 881,765 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Endinq Fund Balance June 30, 2007 Previous Years Revenues N/A Revenues Collected from FY2003/04 N/A Revenues Collected from FY2004/05 $ 6,105 Revenues Collected from FY2005/06 $ 566,016 Revenues Collected from FY2006/07 $ 309,644 Total Ending Fund Balance $ 881,765 Result: Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Proiects FY 2006-07 % Complete % Funded With Fee 210.165.658 SIGNALS RED HAWK/OVERLAND $ 135,177 100.00% 93.60% 210.165.659 SIGNALS SANBORN/JEFFERSON $ 135,000 100.00% 96.90% Total $ 270,177 City of Temecula Park & Recreation Improvements Government Code 66000 Calculation FY 2006-07 Attachment No.7 Fee is collected for park improvements based on the cost of improvements needed to maintain the City's existing ratio of improved park acreage to population. The fee for recreation facilities is based on the existing ratio offacility replacement cost to population. Because these fees are population-driven, they apply only to residential developments. The fee is $1,839.38 per residential attached unit (condominium, apartment, townhouse, and duplex) and $2,567.46 per residential detached unit (single family). Fee is payable upon the issuance of the certificate of occupancy. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees $ 615,129 Interest income $ 5,239 Contributions from property owners Transfers in Total Sources $ 620,368 Exoenditures & Other Uses: Capital Projects $ 363,425 Transfers out Total Uses $ 363,425 Total Available $ (16,781) $ 256,943 $ 240,162 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2007 Previous Years Revenues N/A Revenues Collected from FY2003/04 N/A Revenues Collected from FY2004/05 N/A Revenues Collected from FY2005/06 N/A Revenues Collected from FY2006/07 $ 240,162 Total Ending Fund Balance $ 240,162 Result: Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Proiects FY 2006-07 % Complete % Funded With Fee 210.190.137 ROLLER HOCKEY RINK $ 10,000 5.00% 100.00% 210.190.139 SANTA GERTRUDIS CREEK $ 85,000 94.50% 100.00% 210.190.173 PHBSP $ 21,425 100.00% 29.40% 210.190.179 PLAY STRUCTURES $ 63,000 15.20% 100.00% 210.190.190 DOG PARKS $ 80,000 44.50% 100.00% 210.190.191 KENT HINDERGART PARK $ 14,000 100.00% 79.20% 210.190.195 RORIPAUGH TRAILS $ 90,000 27.20% 86.70% Total $ 363,425 City of Temecula Corporate Facilities Government Code 66000 Calculation FY 2006-07 Attachment No.8 Fee is collected for City administrative and maintenance facilities. The need for future City Hall space is due to the demand for services housed in City Hall. The need for maintenance facilities is due to increase in street and park maintenance. The fee is $226.30 per residential attached unit (condominium, apartment townhouse, and duplex), $422.05 per residential detached unit (single family), and $.15-$.41 per square foot of floor area for commercial developments. Fee is payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permits is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees $ 375,227 Interest income $ 9,908 Contributions from property owners Transfers in Total Sources $ 385,135 Expenditures & Other Uses: Capital Projects $ 1,071,000 Transfers out Total Uses $ 1,071,000 Total Available $ 686,242 $ (685,865) $ 377 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Endinq Fund Balance June 30, 2007 Previous Years Revenues N/A Revenues Collected from FY2003/04 N/A Revenues Collected from FY2004/05 N/A Revenues Collected from FY2005/06 $ - Revenues Collected from FY2006/07 $ 377 Total Ending Fund Balance $ 377 Result: Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2006-07 % Complete % Funded With Fee Maintenance Facility 210-165-742 1,071,000 74.50% 39.60% Total $ 1,071,000 City of Temecula Fire Protection Facilities Government Code 66000 Calculation FY 2006-07 Attachment No.9 Fee is collected to provide future fire protection facilities and apparatus. The fee is $247.76 per residential attached unit (condominium, apartment, townhouse, and duplex), $533.92 per residential detached unit (single family), and $.10 - $.15 per square foot of floor area for commercial developments, payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & other Sources: Developer fees $ 174,844 Interest income $ 37,867 Contributions from property owners Transfers in Total Sources $ 212,711 Expenditures & other Uses: Capital Projects $ 1,543,000 Transfers out Total Uses $ 1,543,000 Total Available $ 1,330,749 IIIIIIIII!I!I!I!I! $ 460 Five Year Revenue Test Using First In First Out Method Unsoent Funds Reoresent Endina Fund Balance June 30, 2007 Previous Years Revenues $ - Revenues Collected from FY2003/04 $ - Revenues Collected from FY2004/05 $ - Revenues Collected from FY2005/06 $ - Revenues Collected from FY2006/07 $ 460 Total Ending Fund Balance $ 460 Result: Five vear spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2006-07 % Complete % Funded With Fee 210.165.733 WOLF CREEK FIRE STATION $ 1,543,000 99.00% 47.50% Total $ 1,543,000 City of Temecula Library Government Code 66000 Calculation FY 2006-07 Attachment No.1 0 Fee is collected to provide future library facilities and materials. Because these fees are population-driven, they apply only to residential developments. The fee is $489.91 per residential attached unit (condominium, apartment, townhouse, and duplex), $683.84 per residential detached unit (single family). Fee is payable upon the issuance of the certificate of occupancy. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & other Sources: Developer fees $ 299,059 Interest income $ 815 Contributions from property owners Transfers in Total Sources $ 299,874 Exoenditures & other Uses: Capital Projects $ 435,000 Transfers out Total Uses $ 435,000 Total Available $ 135,242 $ (135,126) $ 116 Five Year Revenue Test Using First In First Out Method Unsoent Funds Reoresent Endina Fund Balance June 30, 2007 Previous Years Revenues N/A Revenues Collected from FY2003/04 N/A Revenues Collected from FY2004/05 N/A Revenues Collected from FY2005/06 N/A Revenues Collected from FY2006/07 $ 116 Total Ending Fund Balance $ 116 Result: Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Caoitallmorovement Proiects FY 2006-07 % Comolete % Funded With Fee Library 280-199-129 $ 435,000 90.10% 2.90% Total $ 435,000 City of Temecula Public Art Government Code 66000 Calculation FY 2006-07 Attachment No.11 Fees are collected to enhance the quality of life for city residents, workers and visitors by providing for the acquisition, placement and maintenance of public artwork. The fee is equal to 10% of 1 % of the building value in excess of $100,000 payable upon the issuance of each building permit. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees $ 76,175 Interest income $ 6,447 Contributions from property owners Transfers in Total Sources $ 82,622 Expenditures & Other Uses: Capital Projects $ - Transfers out Total Uses $ - Total Available $ 99,032 $ 82,622 $ 181,654 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Endinq Fund Balance June 30, 2007 Previous Years Revenues N/A Revenues Collected from FY2003/04 N/A Revenues Collected from FY2004/05 N/A Revenues Collected from FY2005/06 $ 99,032 Revenues Collected from FY2006/07 $ 82,622 Total Ending Fund Balance $ 181,654 Result: Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2006-07 % Complete % Funded With Fee Total $ - City of Temecula Police Facilities Government Code 66000 Calculation FY 2006-07 Attachment No. 12 Fee is collected to provide future space for police facilities and equipment. The fee is $397.74 per residential attached unit (condominium, apartment, townhouse, and duplex), $224.81 per detached unit (single family), and $.06-$.23 per square foot of floor area for commercial developments. Fees is payable upon the issuance of the certificate of occupancy for residential developments and payable at the time the building permit is issued for commercial developments. The fee is adjusted at July 1, each fiscal year to include the Builders Cost Index factor for increases. The fee is based upon the attached formula and data sheet and varies from project to project. Beginning Ending Account Description Fund Balance FY 2006-07 Fund Balance Revenues & Other Sources: Developer fees $ 119,678 Interest income $ 6,504 Contributions from property owners Transfers in Total Sources $ 126,182 Expenditures & Other Uses: Capital Projects $ - Transfers out Total Uses $ - Total Available $ 82,586 $ 126,182 $ 208,768 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Endinq Fund Balance June 30, 2007 Previous Years Revenues N/A Revenues Collected from FY2003/04 N/A Revenues Collected from FY2004/05 N/A Revenues Collected from FY2005/06 $ 82,586 Revenues Collected from FY2006/07 $ 126,182 Total Ending Fund Balance $ 208,768 Result: Five year spent test met in accordance with Government Code 66001. Capital Improvement Facilities Expenditures Capital Improvement Projects FY 2006-07 % Complete % Funded With Fee $ - Total $ - ITEM NO. 30 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mark Harold, Director of Building and Safety December 11,2007 Amendment of the California Building Codes RECOMMENDATION: That the City Council: 1. 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 2007 CALIFORNIA BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. 2. Second reading and adoption of the Ordinance introduced November 6, 2007 entitled: ORDI NANCE NO. 07-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY CODE, TOGETHER WITH CERTAIN AMENDMENTSAND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE RESOLUTION NO. 3. Reading and adoption of the Urgency Ordinance entitled: ORDINANCE NO. 07- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF BACKGROUND: The adoption of the most current editions of the model building codes is one of the most important building safety issues that will be presented to you for your consideration and adoption. The Building 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. Due to the consolidation of the three (3) former governing code bodies, the International Code Council (ICC), Southern Building Congress (SBC), and the Council of American Building Officials (CABO); these codes have not been updated for nearly eight (8) years. Upon adoption and publication of these codes, each local jurisdiction has a period of 180 days to further modify these codes with more stringent local amendments based upon specific local geological, topographical, and or climatic conditions. Local jurisdictions within the state have until January 1, 2008 to adopt these regulations with certain local amendments as deemed necessary. The ordinance presented tonight is staff's recommendation for the second reading of the model codes. The State mandated adoption date is January 1,2008. The ordinance proposes very few local amendments. Staff has been involved in a statewide effort to obtain uniformity among regional or county jurisdictions in the code provisions they enforce. Specifically, staff is proposing to modify the code provisions to calculate the required plumbing fixture counts in the Old Town Specific Plan for businesses that are not capable of complying with current code provision without entering into costly additions to buildings. Unlike other areas of the city, public restroom facilities have been provided at various locations throughout Old Town with others planned. The code amendment proposed will raise the occupant loading before additional restrooms and fixtures are required. Other amendments in this legislation are mostly administrative in nature. Regulations that dictate the minimum fire resistance of roofing material used in the city and the requirement for licensed contractors to perform certain work in commercial buildings currently exist and will be carried forward. Staff is also recommending the requirement for installation of emergency gas shut-off valves based upon the geological fact of the known fault zones in Temecula. FISCAL IMPACT: None. ATTACHMENTS: Ordinance No. 07-17 Resolution No. 07- Urgency Ordinance No. 07- RESOLUTION NO. 07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2007 CALIFORNIA BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES, AS ADOPTED BY THE CITY OF TEMECULA, ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. 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. Section 2. The City Council of the City of Temecula desires to modify certain provisions of the 2007 California Building Code, 2007 California Mechanical Code, 2007 California Plumbing Code, and 2007 California Electrical Code, as adopted by the City of Temecula. As required by law, the City Council hereby expressly finds as follows: The City, as well as the surrounding cities, is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy period tends to be very warm and dry. The weather conditions, combined with the relatively flat topography of the city, are very hazardous to the surrounding, highly populated areas as a result of increased likelihood of flames spreading from fires emanating from within or outside of the City. Because of the above-described climatic and topographic conditions, the city and the surrounding cities have historically suffered from occasional structural fires. These have often been difficult to control due to the dry winds carrying sparks and cinders to surrounding structures. The City is located in a seismically active area and is in close proximity to earthquake fault zones, as it is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. Because of the above-described geological conditions, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within the City likewise occur in surrounding communities, thereby rendering questionable the constant availability of mutual aid assistance. Section 3. Based upon the climatic, geological and topographical conditions described in Section 2, above, the City council finds that the modifications to the 2007 California Building Code, Sections 1506.1, 1910.1 exception 6, 1910.2, 3109.4.1, the 2007 California Plumbing code, Sections 412.3, 719.5, 1204.3.2, 1211.3.5, 1211.18, and the 2007 California Electrical Code 110.5, 334.10, and the 2007 California Mechanical Code Sections 504.1, as contained in Ordinance No. 07-17, are reasonably necessary in order to protect and preserve the public health, safety, and welfare. Said Building Code amendments are reasonably necessary in that they will serve to provide greater protection from the threat of fire in the event firefighting equipment is delayed in responding or unavailable based upon any of the conditions described in Section 2, above, by requiring automatic fire suppression capability. Said Plumbing Code amendments are reasonably necessary in order to provide greater water flow to residential water sources for prompt fire suppression capability. Existing water flow is otherwise reduced in many areas as a result of lower water pressure provided by local water wells. Said Electrical Code amendment is reasonably necessary due to the tendency of aluminum wire connections to occasionally loosen as a result of the softness of aluminum, thereby increasing the risk of sparking, and fire as a result. Said Mechanical Code amendment is reasonably necessary due to cleaner air and less accumulation of water vapors in an exhaust vent. Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this resolution. The City Council of the City of Temecula hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that nay one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases be declared invalid. Section 5. The City Clerk shall, and is hereby directed to, file a copy of this resolution, together with a copy of Ordinance No. 07-17 with the State Building Standards commission, as required by California Health and Safety Code Section 17958.7. Section 6. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this th day of , 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 day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ORDINANCE NO. 07-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Sections 15.04.010 through 15.04.080 of Chapter 15.04 Construction Codes of Title 15 (Building and Construction) of the Temecula Municipal Code are hereby deleted. New Sections 15.04.010 through 15.04.070 are hereby added to Chapter 15.04 to read as follows: 15.04.010 Codes Adopted. Except as hereinafter provided in this Chapter, the following codes are adopted by reference as the Building Codes of the City of Temecula: A. California Building Code, 2007 Edition, Volumes 1 and 2 (Part 2 of Title 24 of the California Code of Regulations), including Appendix Chapter 1-Administration, Appendix A -Employee Qualifications, Appendix C-Agricultural Buildings, Appendix F - Rodent Proofing; B. California Historical Building Code, 2007 Edition (Part 8 of Title 24 of the California Code of Regulations); C. California Existing Building Code, 2007 Edition (Part 10 of Title 24 of the California Code of Regulations); D. California Electrical Code, 2007 Edition (Part 3 of Title 24 of the California Code of Regulations); E. California Mechanical Code, 2007 Edition (Part 4 of Title 24 of the California Code of Regulations); F. California Plumbing Code, 2007 Edition (Part 5 of Title 24 of the California Code of Regulations); R:/Ords 2007/0rds 07-17 G. California Administrative Code, 2007 Edition (Part 1 of Title 24 of the California Code of Regulations); H. California Energy Code, 2007 Edition (Part 6 of Title 24 of the California Code of Regulations). A copy of each of the above codes shall be maintained in the office of City Clerk and shall be made available for public inspection while such codes are in force. 15.04.020 California Building Code. The following amendments, additions and deletions are made to the California Building Code, 2007 Edition, as adopted by this Chapter. A. Section 105.2 of Appendix Chapter 1 is hereby amended by modifying subsection 4 under Building, to read as follows: 4. Retaining walls that are not over three (3) feet in height, and garden walls not over four (4) feet in height, measured from the top of footing to top of wall unless supporting a surcharge or impounding flammable Class I, Class II or III-A liquids. B. Section 105.3 Application for permit, of Appendix Chapter 1, is hereby amended by adding Subsection 8 to read as follows: 8. All contractors and their subcontractors must have current and valid city business licenses. C. Section 105.5 Permit Expiration, of Appendix Chapter 1, is amended to read as follows: Every permit issued shall expire by limitation and become invalid unless the work authorized on the site by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit does not progress in a manner that result in an approval of an inspection that clearly moves the project forward. Any permit that has not progressed meeting this requirement within a period of 180 days shall be considered suspended or abandoned, and shall expire by limitation. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, no changes have occurred to any applicable codes, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. When changes to any applicable codes have been adopted, the permit may only be reinstated after a review has been made to certify that any new code requirements have been incorporated into the plans. D. follows: Section 108.2 of Appendix Chapter 1 is hereby amended to read as R:/Ords 2007/0rds 07-17 2 Fees for permits and services rendered pursuant to these building and construction regulations shall be paid to the building official as set forth in schedules established by resolution of the City Council. Section 108.3 of Appendix Chapter 1 is hereby amended by deleting the last sentence and replacing the same with a sentence to read as follows: The determination of value or valuation under any of the provisions of these codes shall be made by the building official. The value to be used in computing the fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Section 108.7 is added to Appendix Chapter 1 to read as follows: 108.7 Plan review fees. a) The plan review fees specified in this Appendix or otherwise authorized by this Code are separate fees from the permit fees specified in Section 15.02.010 and are in addition to the permit fee. b) When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2 of this Appendix, an additional plan review fee shall be charged at the rate established by resolution to the City Council. E. Section 109.3.6 Fire-Resistant Penetration, of Appendix Chapter 1, is amended to read as follows: Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire-resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems providing certification covering the installation of these systems providing certification of compliance for building official's final approval. F. Section 110.1 Use and Occupancy, of Appendix Chapter 1, is hereby amended by adding the following: To ensure appropriate continued use of any occupied space the building official will issue a new Certificate of Occupancy upon any change of tenant at the fee rates established by the City Council. G. Section 113.4 of Appendix Chapter 1 is hereby amended by adding the following: Violations and violation penalties are subject to Section 15.02.060 and Chapter 1.20 of the Municipal Code. R:/Ords 2007/0rds 07-17 3 H. Section 113.4.1 is hereby added to Appendix Chapter 1 to read as follows: 113.4.1 Additional violations. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. I. Section 113.4.2 is hereby added to Appendix Chapter 1 to read as follows: 113.4.2 Civil Penalty. Any person, firm or corporation who shall proceed with or commence work for which a permit is required by these building and construction regulations without first having obtained such permit shall, if subsequently permitted to obtain a permit therefore, pay double the fee fixed for such work. The original permit fee shall be for issuance of the permit and the balance shall be a civil penalty. This provision shall not apply to emergency work when it shall be proved to the satisfaction of the building official that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all such cases a permit must be secured as soon as it is practicable to do so, and if there is an unreasonable delay in securing the required permit, the civil penalty as provided in this section shall be charged. In no even shall such civil penalty exceed the permit fee plus five hundred dollars. The civil penalty provided in this section shall be in addition to any other fines and remedies prescribed elsewhere in this code. The payment of such fees and fine shall not relieve any persons from fully complying with the requirements of these building and construction regulations in the execution of the work. J. Section 304.1 is amended by adding the following exception: Exception 1: In the Old Town Specific Plan area, for the purpose of determining required sanitation facilities, Group B and Group M occupancies shall be those with an occupant load of fifty (50) or less. K. Section 501.2 Address numbers is hereby amended by adding the following: Numbers or addresses for commercial and industrial buildings shall be maintained a minimum of twelve (12) inches in height facing the street or front of the building. Numbers or addresses in the Tourist Retail Core (TRC) of the Old Town Specific Plan, is permitted to be a minimum of eight (8) inches. All suites must have a minimum of six (6) inch high letters on both front and rear doors. Residential usages must have as a minimum four (4) inch high letters. All letters must be placed upon a contrasting background. L. Section 1506.1 Scope is hereby amended by adding the following: The roof covering or roofing assembly on any structure regulated by this Code within the Historical District Overlay, generally known as the Old Town Temecula Historical Preservation District, shall not be less than a Class C roofing assembly. R:/Ords 2007/0rds 07-17 4 M. Section 1910.1 General, first paragraph, is hereby amended, and a new exception is added, to read as follows: The minimum thickness of concrete floor slabs supported directly on the ground shall not be less than three and one-half (3 %) inches. All occupancies shall have a minimum six (6) mil moisture-vapor retarder barrier with minimum two (2) inch sand cover. Exception 6: A moisture barrier shall not be required under slabs on grade of open or enclosed patios associated to and with R-3 occupancy. N. Section 1910.2 is hereby added to read as follows: 1910.2 Additional requirements. Slab Dowels in all occupancies, slab connection from existing slabs to new construction shall be placed at a minimum twenty-four (24) inches on center with reinforcing steel of one half inch minimum diameter, eight (18) inches in length. Embedment to existing shall be a minimum of six (6) inches. O. Section 3109.4.1 Barrier height and clearances is hereby amended to read as follows: Every outdoor swimming pool shall be provided with a barrier that shall be installed, inspected and approved prior to plastering or filling with water. The top of the barrier shall be at least sixty (60) inches above grade measured on the side the barrier that faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four (4) inches (102 mm) when the grade is a solid surface such as a concrete deck, or when the barrier is mounted on top of the above ground pool structure. When barriers have horizontal members space less than fort-five (45) inches (1143 mm) apart, the horizontal members shall be placed on the pool side of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations away from the swimming pool, such as protrusions, indentations or cutouts which render the barrier easily climbable, is prohibited. P. The following Appendices are deleted in their entirety from the California Building Code: Appendices B, D, E, G, H, I, and J, and the California Elevator Safety Construction Code. 15.04.030 California Electrical Code. The following amendments, additions and deletions are made to the California Electrical Code, 2007 Edition, as adopted by this Chapter. A. Section 90.4 is hereby amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and chapter 1.20 of this Municipal Code. R:/Ords 2007/0rds 07-17 5 For commercial projects an electrical contractor shall be responsible for obtaining permits for electrical work performed. B. Section 90.8 is hereby amended by adding the following: Accessory uses or other building, signs, separately located on the same lot or premises shall have connecting conductors run underground. (Agricultural area excepted). Where spare circuit protective devices are provided or space for future circuit protective devices are provided on the bus in any flush or semi-flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Circuits for electric vehicle charging stations shall meet all the requirements of CEC Article 625. Residential garages shall have a minimum three quarter (3/4) inch metal flex conduit ran from meter box to the garage fire wall and terminated in a metal box at forty-two (42) inches above finished floor for future electric vehicle charging station. All residential electrical applications shall provide two (2) future expansion conduits from the meter box, one each stubbed to an approved, accessible upper and lower location. C. Section 110.5 is hereby amended by adding the following: Notwithstanding any provision to the contrary, no aluminum conductors smaller than #6 A.W.G. shall be used. D. CEC Table 300.5 is hereby amended to read as follows: CEC Table 300.5 location of wiring method or circuit "Under a Building" is amended to read "Six (6) inches beneath the concrete slab." E. Section 334.10 is hereby amended to read as follows: Section 334.10 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: 1) One and two-family dwellings. 2) Multi-family dwellings permitted to be types III, IV, and V construction except as prohibited in 334.12. No type NM, NMC, or NMS, or non-metallic sheathed cable (Romex) usage in commercial applications regardless of mixed-use occupancy. R:/Ords 2007/0rds 07-17 6 15.04.040 California Mechanical Code. The following amendments, additions and deletions are made to the California Mechanical Code, 2007 Edition, as adopted by this Chapter. A. Section 111.1 is hereby added to Appendix Chapter 1 to read as follows: 111.1 Violations and Violation Penalties. Violations and violation penalties are subject to Section 15.02.060 and Chapter 1 .20 of this Municipal Code. B. Section 115 is hereby deleted in its entirety and superseded by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the California Mechanical Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein. C. Section 504.1 is hereby amended by adding the following: Aluminum flex ducts are not permitted to be installed horizontally in rooms that produce steam. An angle greater than forty-five degrees from the vertical is considered a horizontal run. 15.04.050 California Plumbing Code. The following amendments, additions and deletions are made to the California Plumbing Code, 2007 Edition, adopted by this chapter: A. following: Section 102.3.2 of Appendix Chapter 1 is amended by adding the Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. B. Section 103.4 of Appendix Chapter 1 is deleted in its entirety and superseded by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the California Plumbing Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by resolution of the City Council in accordance with Section 15.02.010 herein. C. Section 211, definition of indirect waste pipe, is hereby amended to read as follows: Indirect Waste Pipe. An indirect waste pipe is a pipe that does not connect directly with the drainage system but conveys liquid wastes by discharging through and approved air gap into a plumbing fixture, interceptor or receptacle which is directly connected to the drainage system. D. Section 412.3 is amended by adding the following: R:/Ords 2007/0rds 07-17 7 Notwithstanding anything herein to the contrary, all occupancies, buildings or portions thereof where persons are employed shall be provided with at least one water closet. Separate facilities shall be provided for each sex when the number of employees exceeds four. Such toilet facilities shall be located either in such building or conveniently in a building adjacent thereto on the same property as referenced from Table 4-1 Minimum Plumbing Facilities. In the Old town District, separate toilet facilities will be provided for each sex when the seating number of occupants for restaurant uses exceeds twenty (20). Such water closet rooms in connection with food establishments where food is prepared, stored or served shall have a non-absorbent interior finish as specified in Section 1210.5 of the California Building Code. E. Section 719.5 is hereby amended to read as follows: Cleanouts installed under concrete or asphalt paving shall be made accessible by yard boxes, or by extending flush in paving with a "brass cap" or other approved material for installation where subject to vehicular traffic. F. Section 1204.3.2 is hereby amended by adding the following: Testing of gas piping two (2) inches or greater or exceeding twenty (20) feet in length shall require a twenty-four (24) hour graph test witnessed by the jurisdiction. Such test shall be sixty (60) p.s.i. All welded pipe shall be graph tested for twenty-four (24) hours at sixty (60) p.s.i. witnessed by the jurisdiction. No gas tests shall be performed at less than ten (10) p.s.i. G. Section 1211.3.5 is amended by adding the following additional exception: Exception 2: The installation of propane gas line for island fixtures is allowed beneath the slab as approved by the building official. H. Section 1211.18 is hereby amended by adding the following: The installation of Seismic Gas Shutoff Valves shall comply with the following requirements: 1. Be installed by a contractor licensed in the appropriate classification by the State of California. Exception: Seismic gas shutoff valves may be installed by a gas utility provided a permit is obtained and the valves are installed and approved in accordance with this section. 2. Be mounted rigidly to the exterior of the building or structure containing the fuel gas piping. R:/Ords 2007/0rds 07-17 8 Exception: This requirement need not apply if the Building Department determines that the seismic gas shutoff valve has been tested and listed for an alternate method of installation. 3. Be listed by an approved testing laboratory and certified by the Office of the State Architect. 4. Be approved by the Building and Safety Department. 5. Have thirty (30) year warranty, which warrants that the valve is free from defects, and will continue to properly operate for thirty (30) years from the date of installation. 6. Where seismic gas shutoff valves are installed as required by this section, they shall be maintained for the life of the building or structure or be replaced with a valve complying with the requirements of this section. I. The following appendices are deleted in their entirety from the 2007 California Plumbing Code: Appendix E, Mobile Home Parks and Recreational Vehicle Parks; Appendix G and Chapter 16, reclaimed water systems for nonresidential buildings. 15.04.060 Penalties for violation of Chapter 15.04. 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. 15.04.070 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. Section 15.04.090 of Chapter 15.04 of Title 15 of the Temecula Municipal Code is hereby renumbered as Section 15.04.080. Section 3. 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, R:/Ords 2007/0rds 07-17 9 paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect. Section 4. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 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 07-17 10 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. 07-17 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 07-17 11 ORDINANCE NO. 07- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING CODE; THE 2007 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2007 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2007 EDITION OF THE CALIFORNIA ADMINISTRATIVE CODE; AND THE 2007 CALIFORNIA ENERGY CODE, TOGETHER WITH CERTAIN AMENDMENTS AND DELETIONS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Sections 15.04.010 through 15.04.080 of Chapter 15.04 Construction Codes of Title 15 (Building and Construction) of the Temecula Municipal Code are hereby deleted. New Sections 15.04.010 through 15.04.070 are hereby added to Chapter 15.04 to read as follows: 15.04.010 Codes Adopted. Except as hereinafter provided in this Chapter, the following codes are adopted by reference as the Building Codes of the City of Temecula: A. California Building Code, 2007 Edition, Volumes 1 and 2 (Part 2 of Title 24 of the California Code of Regulations), including Appendix Chapter 1-Administration, Appendix A -Employee Qualifications, Appendix C-Agricultural Buildings, Appendix F - Rodent Proofing; B. California Historical Building Code, 2007 Edition (Part 8 of Title 24 of the California Code of Regulations); C. California Existing Building Code, 2007 Edition (Part 10 of Title 24 of the California Code of Regulations); D. California Electrical Code, 2007 Edition (Part 3 of Title 24 of the California Code of Regulations); E. California Mechanical Code, 2007 Edition (Part 4 of Title 24 of the California Code of Regulations); F. California Plumbing Code, 2007 Edition (Part 5 of Title 24 of the California Code of Regulations); -1- G. California Administrative Code, 2007 Edition (Part 1 of Title 24 of the California Code of Regulations); H. California Energy Code, 2007 Edition (Part 6 of Title 24 of the California Code of Regulations). A copy of each of the above codes shall be maintained in the office of City Clerk and shall be made available for public inspection while such codes are in force. 15.04.020 California Building Code. The following amendments, additions and deletions are made to the California Building Code, 2007 Edition, as adopted by this Chapter. A. Section 105.2 of Appendix Chapter 1 is hereby amended by modifying subsection 4 under Building, to read as follows: 4. Retaining walls that are not over three (3) feet in height, and garden walls not over four (4) feet in height, measured from the top of footing to top of wall unless supporting a surcharge or impounding flammable Class I, Class II or III-A liquids. B. Section 105.3 Application for permit, of Appendix Chapter 1, is hereby amended by adding Subsection 8 to read as follows: 8. All contractors and their subcontractors must have current and valid city business licenses. C. Section 105.5 Permit Expiration, of Appendix Chapter 1, is amended to read as follows: Every permit issued shall expire by limitation and become invalid unless the work authorized on the site by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit does not progress in a manner that result in an approval of an inspection that clearly moves the project forward. Any permit that has not progressed meeting this requirement within a period of 180 days shall be considered suspended or abandoned, and shall expire by limitation. Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, no changes have occurred to any applicable codes, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. When changes to any applicable codes have been adopted, the permit may only be reinstated after a review has been made to certify that any new code requirements have been incorporated into the plans. D. follows: Section 108.2 of Appendix Chapter 1 is hereby amended to read as -2- Fees for permits and services rendered pursuant to these building and construction regulations shall be paid to the building official as set forth in schedules established by resolution of the City Council. Section 108.3 of Appendix Chapter 1 is hereby amended by deleting the last sentence and replacing the same with a sentence to read as follows: The determination of value or valuation under any of the provisions of these codes shall be made by the building official. The value to be used in computing the fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Section 108.7 is added to Appendix Chapter 1 to read as follows: 108.7 Plan review fees. a) The plan review fees specified in this Appendix or otherwise authorized by this Code are separate fees from the permit fees specified in Section 15.02.010 and are in addition to the permit fee. b) When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2 of this Appendix, an additional plan review fee shall be charged at the rate established by resolution to the City Council. E. Section 109.3.6 Fire-Resistant Penetration, of Appendix Chapter 1, is amended to read as follows: Protection of joints and penetrations in fire resistance-rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire-resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems providing certification covering the installation of these systems providing certification of compliance for building official's final approval. F. Section 110.1 Use and Occupancy, of Appendix Chapter 1, is hereby amended by adding the following: To ensure appropriate continued use of any occupied space the building official will issue a new Certificate of Occupancy upon any change of tenant at the fee rates established by the City Council. G. Section 113.4 of Appendix Chapter 1 is hereby amended by adding the following: Violations and violation penalties are subject to Section 15.02.060 and Chapter 1.20 of the Municipal Code. -3- H. Section 113.4.1 is hereby added to Appendix Chapter 1 to read as follows: 113.4.1 Additional violations. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. I. Section 113.4.2 is hereby added to Appendix Chapter 1 to read as follows: 113.4.2 Civil Penalty. Any person, firm or corporation who shall proceed with or commence work for which a permit is required by these building and construction regulations without first having obtained such permit shall, if subsequently permitted to obtain a permit therefore, pay double the fee fixed for such work. The original permit fee shall be for issuance of the permit and the balance shall be a civil penalty. This provision shall not apply to emergency work when it shall be proved to the satisfaction of the building official that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all such cases a permit must be secured as soon as it is practicable to do so, and if there is an unreasonable delay in securing the required permit, the civil penalty as provided in this section shall be charged. In no even shall such civil penalty exceed the permit fee plus five hundred dollars. The civil penalty provided in this section shall be in addition to any other fines and remedies prescribed elsewhere in this code. The payment of such fees and fine shall not relieve any persons from fully complying with the requirements of these building and construction regulations in the execution of the work. J. Section 304.1 is amended by adding the following exception: Exception 1: In the Old Town Specific Plan area, for the purpose of determining required sanitation facilities, Group B and Group M occupancies shall be those with an occupant load of fifty (50) or less. K. Section 501.2 Address numbers is hereby amended by adding the following: Numbers or addresses for commercial and industrial buildings shall be maintained a minimum of twelve (12) inches in height facing the street or front of the building. Numbers or addresses in the Tourist Retail Core (TRC) of the Old Town Specific Plan, is permitted to be a minimum of eight (8) inches. All suites must have a minimum of six (6) inch high letters on both front and rear doors. Residential usages must have as a minimum four (4) inch high letters. All letters must be placed upon a contrasting background. L. Section 1506.1 Scope is hereby amended by adding the following: The roof covering or roofing assembly on any structure regulated by this Code within the Historical District Overlay, generally known as the Old Town Temecula Historical Preservation District, shall not be less than a Class C roofing assembly. -4- M. Section 1910.1 General, first paragraph, is hereby amended, and a new exception is added, to read as follows: The minimum thickness of concrete floor slabs supported directly on the ground shall not be less than three and one-half (3 %) inches. All occupancies shall have a minimum six (6) mil moisture-vapor retarder barrier with minimum two (2) inch sand cover. Exception 6: A moisture barrier shall not be required under slabs on grade of open or enclosed patios associated to and with R-3 occupancy. N. Section 1910.2 is hereby added to read as follows: 1910.2 Additional requirements. Slab Dowels in all occupancies, slab connection from existing slabs to new construction shall be placed at a minimum twenty-four (24) inches on center with reinforcing steel of one half inch minimum diameter, eight (18) inches in length. Embedment to existing shall be a minimum of six (6) inches. O. Section 3109.4.1 Barrier height and clearances is hereby amended to read as follows: Every outdoor swimming pool shall be provided with a barrier that shall be installed, inspected and approved prior to plastering or filling with water. The top of the barrier shall be at least sixty (60) inches above grade measured on the side the barrier that faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to four (4) inches (102 mm) when the grade is a solid surface such as a concrete deck, or when the barrier is mounted on top of the above ground pool structure. When barriers have horizontal members space less than fort-five (45) inches (1143 mm) apart, the horizontal members shall be placed on the pool side of the barrier. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations away from the swimming pool, such as protrusions, indentations or cutouts which render the barrier easily climbable, is prohibited. P. The following Appendices are deleted in their entirety from the California Building Code: Appendices B, D, E, G, H, I, and J, and the California Elevator Safety Construction Code. 15.04.030 California Electrical Code. The following amendments, additions and deletions are made to the California Electrical Code, 2007 Edition, as adopted by this Chapter. A. Section 90.4 is hereby amended by adding the following: Violations and violation penalties are subject to Sections 15.02.060 and chapter 1.20 of this Municipal Code. -5- For commercial projects an electrical contractor shall be responsible for obtaining permits for electrical work performed. B. Section 90.8 is hereby amended by adding the following: Accessory uses or other building, signs, separately located on the same lot or premises shall have connecting conductors run underground. (Agricultural area excepted). Where spare circuit protective devices are provided or space for future circuit protective devices are provided on the bus in any flush or semi-flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Circuits for electric vehicle charging stations shall meet all the requirements of CEC Article 625. Residential garages shall have a minimum three quarter (3/4) inch metal flex conduit ran from meter box to the garage fire wall and terminated in a metal box at forty-two (42) inches above finished floor for future electric vehicle charging station. All residential electrical applications shall provide two (2) future expansion conduits from the meter box, one each stubbed to an approved, accessible upper and lower location. C. Section 110.5 is hereby amended by adding the following: Notwithstanding any provision to the contrary, no aluminum conductors smaller than #6 A.W.G. shall be used. D. CEC Table 300.5 is hereby amended to read as follows: CEC Table 300.5 location of wiring method or circuit "Under a Building" is amended to read "Six (6) inches beneath the concrete slab." E. Section 334.10 is hereby amended to read as follows: Section 334.10 Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: 1) One and two-family dwellings. 2) Multi-family dwellings permitted to be types III, IV, and V construction except as prohibited in 334.12. No type NM, NMC, or NMS, or non-metallic sheathed cable (Romex) usage in commercial applications regardless of mixed-use occupancy. -6- 15.04.040 California Mechanical Code. The following amendments, additions and deletions are made to the California Mechanical Code, 2007 Edition, as adopted by this Chapter. A. Section 111.1 is hereby added to Appendix Chapter 1 to read as follows: 111.1 Violations and Violation Penalties. Violations and violation penalties are subject to Section 15.02.060 and Chapter 1 .20 of this Municipal Code. B. Section 115 is hereby deleted in its entirety and superseded by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the California Mechanical Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by Resolution of the City Council in accordance with Section 15.02.010 herein. C. Section 504.1 is hereby amended by adding the following: Aluminum flex ducts are not permitted to be installed horizontally in rooms that produce steam. An angle greater than forty-five degrees from the vertical is considered a horizontal run. 15.04.050 California Plumbing Code. The following amendments, additions and deletions are made to the California Plumbing Code, 2007 Edition, adopted by this chapter: A. following: Section 102.3.2 of Appendix Chapter 1 is amended by adding the Violations and violation penalties are subject to Sections 15.02.060 and Chapter 1.20 of this Municipal Code. B. Section 103.4 of Appendix Chapter 1 is deleted in its entirety and superseded by Sections 15.02.010 through 15.02.050 of this Municipal Code, expressly incorporated herein by reference. All references in the California Plumbing Code to fees, fee schedules, or fee tables shall mean the fee schedule as established by resolution of the City Council in accordance with Section 15.02.010 herein. C. Section 211, definition of indirect waste pipe, is hereby amended to read as follows: Indirect Waste Pipe. An indirect waste pipe is a pipe that does not connect directly with the drainage system but conveys liquid wastes by discharging through and approved air gap into a plumbing fixture, interceptor or receptacle which is directly connected to the drainage system. D. Section 412.3 is amended by adding the following: -7- Notwithstanding anything herein to the contrary, all occupancies, buildings or portions thereof where persons are employed shall be provided with at least one water closet. Separate facilities shall be provided for each sex when the number of employees exceeds four. Such toilet facilities shall be located either in such building or conveniently in a building adjacent thereto on the same property as referenced from Table 4-1 Minimum Plumbing Facilities. In the Old town District, separate toilet facilities will be provided for each sex when the seating number of occupants for restaurant uses exceeds twenty (20). Such water closet rooms in connection with food establishments where food is prepared, stored or served shall have a non-absorbent interior finish as specified in Section 1210.5 of the California Building Code. E. Section 719.5 is hereby amended to read as follows: Cleanouts installed under concrete or asphalt paving shall be made accessible by yard boxes, or by extending flush in paving with a "brass cap" or other approved material for installation where subject to vehicular traffic. F. Section 1204.3.2 is hereby amended by adding the following: Testing of gas piping two (2) inches or greater or exceeding twenty (20) feet in length shall require a twenty-four (24) hour graph test witnessed by the jurisdiction. Such test shall be sixty (60) p.s.i. All welded pipe shall be graph tested for twenty-four (24) hours at sixty (60) p.s.i. witnessed by the jurisdiction. No gas tests shall be performed at less than ten (10) p.s.i. G. Section 1211.3.5 is amended by adding the following additional exception: Exception 2: The installation of propane gas line for island fixtures is allowed beneath the slab as approved by the building official. H. Section 1211.18 is hereby amended by adding the following: The installation of Seismic Gas Shutoff Valves shall comply with the following requirements: 1. Be installed by a contractor licensed in the appropriate classification by the State of California. Exception: Seismic gas shutoff valves may be installed by a gas utility provided a permit is obtained and the valves are installed and approved in accordance with this section. 2. Be mounted rigidly to the exterior of the building or structure containing the fuel gas piping. -8- Exception: This requirement need not apply if the Building Department determines that the seismic gas shutoff valve has been tested and listed for an alternate method of installation. 3. Be listed by an approved testing laboratory and certified by the Office of the State Architect. 4. Be approved by the Building and Safety Department. 5. Have thirty (30) year warranty, which warrants that the valve is free from defects, and will continue to properly operate for thirty (30) years from the date of installation. 6. Where seismic gas shutoff valves are installed as required by this section, they shall be maintained for the life of the building or structure or be replaced with a valve complying with the requirements of this section. I. The following appendices are deleted in their entirety from the 2007 California Plumbing Code: Appendix E, Mobile Home Parks and Recreational Vehicle Parks; Appendix G and Chapter 16, reclaimed water systems for nonresidential buildings. 15.04.060 Penalties for violation of Chapter 15.04. 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. 15.04.070 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. Section 15.04.090 of Chapter 15.04 of Title 15 of the Temecula Municipal Code is hereby renumbered as Section 15.04.080. Section 3. The City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that this ordinance be enacted as an urgency ordinance pursuant to Government Code Section 36937(b) and take effect immediately upon adoption. Pursuant to state law, the 2007 California Building Standards will automatically take effect in the City on January 1, 2008. -9- However, Government Code Section 17958.7 of the California Health and Safety Code allows local agencies to enact modifications to those building standards to address local climatic, geological or topographical conditions. Accordingly, this Ordinance includes several local amendments to the state standards. Thus, if this Ordinance does not become effective immediately, but instead becomes effective thirty days after its second reading, ambiguity and confusion regarding the applicability of the City's local amendments to the California Building Standards could result. Therefore, this Ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare and its urgency is hereby declared. In addition the Council finds and determines that the substantive terms of this ordinance were introduced and discussed on November 6, 2007 and were the subject of a duly noticed public hearing on December 11,2007 along with Ordinance No. 07-_. Section 4. Pursuant to Government Code Section 36937 and other applicable law, this Ordinance shall be effective on January 1, 2008 and shall remain in effect until Ordinance No. 07- is effective. Section 5. 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 6. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Urgency Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. -10- COUNCIL BUSINESS ITEM NO. 31 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: December 11,2007 SUBJECT: Appointment of Mayor and Mayor Pro Tem for Calendar Year 2008 RECOMMENDATION: That the City Council: 1. Entertain motions from the City Council Members to appoint the Mayor to preside, effective January 1, 2008, to the end of Calendar Year 2008; 2. Entertain motions from the City Council Members to appoint the Mayor Pro Tem, effective January 1, 2008, who will assume the duties of the Mayor in the Mayor's absence, and hold this office until the end of Calendar Year 2008. BACKGROUND: The City Council appoints a memberto serve as Mayor and Mayor Pro T em annually. These offices are assumed at the first meeting of the City Council in January and the newly elected Mayor and Mayor Pro Tem will preside through the Calendar Year of 2008. FISCAL IMPACT: None. ATTACHMENTS: None. ITEM NO. 32 Approvals City Attorney Director of Finance City Manager 1r 0lL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Meyer, Director of Housing & Redevelopment DATE: December 11,2007 SUBJECT: Amendment of Temecula Redevelopment Plan No. 1-1988 Repealing the Redevelopment Plan's Time Limit on the Establishment of loans, Advances and Indebtedness to Finance the Redevelopment Plan PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE TEMECULA REDEVELOPMENT PLAN 1-1988 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 TO REPEAL THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES, AND INDEBTEDNESS SUMMARY: The current provisions of the Temecula Redevelopment Plan provide that after July 8, 2008, the Agency could not establish any bonds, loans, advances and indebtedness to pay for projects authorized by the Redevelopment Plan. The proposed ordinance would repeal the Redevelopment Plan's time limit on the establishment of bonds, loans advances and indebtedness. While no time limit would be in place, any new debt will continue to require that the Agency conform that it can repay any bonds, loans, advances or indebtedness out of the Agency's yearly tax increment within the Redevelopment Plan's time limit for receipt of tax increment. As a condition of eliminating this provision, redevelopment agencies are required to pay to other taxing entities a portion of the tax increment revenues diverted from those taxing entities unless there exists as a "pass-through" agreement with the taxing entity providing for the pass through of a percentage of the agency's tax increment funds to that taxing entity. All of the taxing entities within the Temecula Redevelopment Project Area have pass-through agreements with the City and the Agency that will not be changed by this proposed Ordinance. BACKGROUND: On July 12,1988, the County of Riverside, priorto the incorporation of the City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment Plan, known as the "County of Riverside Redevelopment Plan 1-1988" (hereinafter referred to as the "Temecula Redevelopment Plan"). Subsequent to the enactment of the Temecula Redevelopment Plan, the City of Temecula was incorporated on December 1, 1989. All the territory to which the Temecula Redevelopment Plan applies (hereinafter referred to as the "Project Area") is now within the incorporate boundaries of the City of Temecula. Pursuant to City Ordinance 91-11, which became effective May9, 1991, and the City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Temecula Redevelopment Plan. These Ordinances had the effect of adopting the Temecula Redevelopment Plan and transferring jurisdiction over the Temecula Redevelopment Plan to the Redevelopment Agency of the City of Temecula(the "Agency"), as of July 1, 1991, pursuant to ordinance Nos. 93-04 and 94-03, Ordinance No. 91-11 was codified at Section 8.04-100 of the Temecula Municipal Code. Health and Safety Code Section 33333.6(e)(2)(B) provides that on or after January, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to repeal the time limit on the establishment of loans, advances and indebtedness required by Health and Safety Code Section 33333.6 priorto January 1,2002, and, in adopting such ordinance, neither the legislative body nor the agency is required to comply with Health and Safety Code Section 33354.6, Article 12 (commencing with Health and Safety Code Section 33450), or any other provisions of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing entities required by Health and Safety Code Section 33607.7. Health and Safety Code Section 33607.7 provides that if the Agency adopts an amendment that is governed by Health and Safety Code Section 33607.7, such as the amendment provided for in proposed Ordinance, the Agency shall pay to each affected entity, being those taxing entities for which a property tax is levied in the Project Area, either of the following: (1) if an agreement exists between the Agency and an affected taxing entity that was entered into prior to January 1, 1994, and requires payments to the taxing entity, the amounts required to be paid by such agreement; or (2) if such and agreement does not exist, the amounts required pursuant to Health and Safety Code Section 33605.5 calculated in accordance with the provisions of Health and Safety Code Section 33607.7 (i.e., statutory pass through payments). Prior to the transfer of jurisdiction over the Temecula Redevelopment Plan from the County to the Agency, the Redevelopment Agency of the County of Riverside entered into pass through agreements with each of the Project Areas taxing entities, and the County Auditor Controller continues to disburse payments to the taxing entities pursuant to such agreements. Therefore, statutory pass through payments will not be required to be made following to the adoption of this Ordinance. FISCAL IMPACT: None. ATTACHMENTS: Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE TEMECULA REDEVELOPMENT PLAN 1-1988 PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6 TO REPEAL THE TIME LIMIT ON THE ESTABLISHMENT OF LOANS, ADVANCES, AND INDEBTEDNESS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A On July 12, 1988, the County of Riverside, prior to the incorporation of the City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment Plan, known as the "County of Riverside Redevelopment Plan 1-1988" (hereinafter referred t as the "Temecula Plan"). B. Subsequent to the enactment of the Temecula Plan, the City of Temecula was incorporated on December 1, 1989. C. All the territory to which the Temecula Plan applies (hereinafter referred to as the "Project Are") is now within the corporate boundaries of the City of Temecula. D. Pursuant to City Ordinance 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Temecula Plan. Said Ordinances had the effect of adopting the Temecula Plan and transferring jurisdiction over the Temecula Plan to the Redevelopment Agency of the City of Temecula (the "Agency"), as of July 1, 1991. Pursuant to Ordinance Nos. 93-04 and 94-03, Ordinance No. 91-11 was codified at Section 8.04.101 of the Temecula Municipal Code. E. On December 20, 2004, the City Council adopted Ordinance No. 94-33, establishing and amending certain time limitations with respect to the Temecula Plan. F. On September 26, 2006, the City Council adopted Ordinance No. 06-11 extending the term of the Temecula Plan for one year. G. Health and Safety Code Section 33333.6(e)(2)(B) provides that on or after January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to repeal the time limit on the establishment of loans, advances and indebtedness required by Health and Safety Code Section 33333.6 prior to January 1, 2002, and, in adopting such ordinance, neither the legislative body nor the agency is required to comply with Health and Safety Code Section 33354.6, Article 12 (commencing with Health and Safety Code Section 33450), or any other provision of the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing entities required by Health and Safety Code Section 33607.7. H. Health and Safety Code Section 33607.7 provides that if the Agency adopts an amendment that is governed by Health and Safety Code Section 33607.7, such as the amendment provided for in this Ordinance, the Agency shall pay to each affected entity, being those taxing entities for which a property tax is levied in the Project Area, either of the following: (1) if an agreement exists between the Agency and an affected taxing entity that was entered into prior to January 1, 1994, and requires payments to the taxing entity, the amounts required to be paid by such agreement; or (2) if such an agreement does not exist, the amounts required pursuant to Health and Safety Code Section 33605.5 calculated in accordance with the provisions of Health and Safety Code Section 33607.7 (i.e., statutory pass through payments). Prior to the transfer of jurisdiction over the Temecula Plan from the County to the Agency, the Redevelopment Agency of the County of Riverside entered into pass through agreements with each of the Project Area taxing entities, and the County Auditor Controller continues to disburse payments to the taxing entities pursuant to such agreements. Therefore, statutory pass thorough payments will not be required to be made following the adoption of this Ordinance. I. The Agency and the City Council desire that the Temecula Plan be amended to repeal the Plan's time limit on the establishment of loans, advances and indebtedness. Section 2. Section 540 of the Temecula Plan is hereby amended to read as follows: "FINANCING LIMITATIONS" Consistent with Sections 33333.6 and 33334.1 of the California Community Redevelopment Law, the following financing limitations are imposed on this Plan: Taxes, as defined in Section 33670 of the Redevelopment Law shall not be divided and shall not be allocated to the Agency in excess of One Billion One Hundred ten Million Dollars ($1,110,000,000) except by amendment of this Plan. This limitation is subject to the limits on the incurrence of debt, if any, imposed by the Final Judgment in the case entitled Robert Dawes, Save Historical Temecula v. Redevelopment Agency of the County of Riverside, et al. Riverside County Superior Court Case No. 194468 MF, consolidated with Case No. 1 94948. There shall be no time limit on the establishing of loans, advances and indebtedness to be paid with the proceeds of property taxed described in the before-mentioned Section 33670 and received by the Agency, to finance, in whole or in part, the Project. From time to time as may be appropriate, the Agency may issue bonds and/or notes for any of its corporate purposes. The Agency may issue such types of bonds on which the principal and interest are payable in whole or in part for tax increments. The total outstanding principal of any bonds so issued and repayable from said tax increments shall not exceed Three Hundred Forty million Dollars ($340,000,000) at anyone time, except by amendment of this Plan. Tax increment revenue generated in each of the noncontiguous portions of the Project Area shall be accounted for separately and shall be used to benefit the respective communities in which such revenues were generated." Section 3. the enactment of this Ordinance is not a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (14 Cal.Code Regs Section 15000 et seq.), and specifically Section 15378(b)(4) because the actions described herein are the continuation of an existing governmental funding mechanism and a fisC! activity that does not involve any commitment to any specific \project which may result in a potentially significant physical impact on the environment. Because enactment of this Ordinance is not a project for CEQA purposes, this action is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), and the City Clerk is directed to file a Notice of Exemption with the County Clerk pursuant to CEQA Guidelines Section 15062 within five (5) days of the adoption date of this Ordinance. Section 4. The City Clerk is directed to send a certified copy of this Ordinance to the Agency. Section 5. The City Clerk is directed to certify and publish this Ordinance as is required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 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. was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11 th day of December, 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 11 th day of December, 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. 33 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Meyer, Director of Housing & Redevelopment DATE: December 11,2007 SUBJECT: Ordinance Confirming that the Temecula Redevelopment Agency Has No Eminent Domain Authority PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AS REQUIRED BY SB 53, CONFIRMING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES NOT HAVE THE AUTHORITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN DISCUSSION: The Redevelopment Agency of the City of Temecula does not, and never has, had the authority to acquire real property by eminent domain. Senate Bill No. 53 took effect on January 1, 2007 and is codified at Health & Safety Code Section 3342.7 ("Section 33342.7"). Section 33342.7 requires a city that adopted a redevelopment plan prior to January 1, 2007 to adopt an ordinance that describes the redevelopment agency's program to acquire property by eminent domain by July 1, 2007. It was unclear whether Section 33342.7 applied to existing redevelopment plans adopted prior to January 1, 2007 that never authorized the acquisition of property by eminent domain or to those whose power of eminent domain expired prior to January 1, 2007. If an agency does not have authority to acquire real property by eminent domain, why would it need to adopt an "eminent domain program?" Recently, the California Redevelopment Association (CRA) issued a letter stating that Section 33342.7 applies to all existing redevelopment plans adopted priorto January 1, 2007 even if the plan does not authorize eminent domain. Additionally, the CRA reports that the intent of the author of SB 53, Senator Christine Hehoe, was to require these ordinances for all project areas. Accordingly, in order to avoid a finding that the Agency is out of compliance with State Law, it is necessary for the City Council to adopt the attached Ordinance. The new law (Section 33342.7) does not apply to other legislative bodies that may have the power of eminent domain, such as cities or housing authorities. Therefore, the City Council is not required to adopt an ordinance describing any program to acquire real property by eminent domain except for the Agency's program. The Agency currently does not have the authority to acquire property by eminent domain in the Project Area. The first paragraph of Section 321 of the Temecula Redevelopment Plan, adopted in 1988, states: "The Agency may acquire, but is not required to acquire, any real property located in the Project area, by gift, devise, exchange, purchase, or any other lawful method, subject to the exceptions specified in this section. The agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. Property may not be acquired through the use of eminent domain. In addition, the Agency may not use or commitfunds to further the process of eminent domain." Adoption of the attached Ordinance does not give the Agency the power to acquire real property in the Project Area by eminent domain. The Ordinance does not change or amend any provisions of the Temecula Redevelopment Plan. To authorize the power of eminent domain would require the Agency and the City Council to undertake proceedings to amend the Temecula Plan, and such proceedings would include, among other things, holding a joint public hearing of the City Council and the Agency on the proposed amendment after providing mailed notice to all off the property owners, businesses and residents in the Project Area. FISCAL IMPACT: None. ATTACHMENTS: Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AS REQUIRED BY SB53, CONFIRMING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES NOT HAVE THE AUTHORITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula (" Agency") is a redevelopment agency in the City of Temecula (" City"), created pursuant to the California Community Redevelopment Law, California Health & Safety Code Section 33000 et seq. B. California Health & Safety Code Section 33342.7 (added by Senate Bill No. 53) became effective January 1, 2007, and requires a legislative body that adopted a final redevelopment plan before January 1, 2007, to adopt an ordinance describing the redevelopment agency's program to acquire real property by eminent domain. C. On July 12, 1988, the Board of Supervisors of the County of Riverside, prior to incorporation of the City, by Ordinance No. 658, approved and adopted the County of Riverside Redevelopment Plan 1-1988 ("Temecula Plan"). D. The City was incorporated on December 1, 1989, subsequent to the enactment of the Temecula Plan by the County of Riverside. E. All of the territory to which the Temecula plan applies ("Project Area") is now within the corporate boundaries of the City. F. Pursuant to City Ordinance No. 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective on April 9, 1991, the City approved the Temecula Plan. Ordinance Nos. 91-11 and 91-15 had the effect of adopting the Temecula Plan and transferring jurisdiction over the Plan to the Agency as of July 1, 1991. City Ordinance Nos. 93-04 and 94-03 codified Ordinance No. 91-11 at Section 8.04.010 of the Temecula Municipal Code. G. On December 20, 1994, the City Council adopted Ordinance No. 94-33, establishing and amending certain time and financial limitations with respect to the Temecula Plan pursuant to the requirements of Assembly Bill 1290 (Chapter 942 of 1993). H. On September 26, 2006, the City Council adopted Ordinance No. 06-11, extending the term of the Temecula Plan for one year pursuant to California Health and Safety Code Sections 33333.6 and 33670. I. The Temecula Redevelopment Plan specifically provides in Section 321 that the Agency has no authority to acquire real property by eminent domain in the Project Area. J. Therefore, the Agency has no program to acquire real property by eminent domain because the Agency has no authority to acquire real property by eminent domain in the Project Area. Section 2. The City Council further finds, determines and declares that without amending the Temecula Plan, the Agency does not have a program for the acquisition of real property by eminent domain in the Project Area. Section 3. The City Council further finds, determines and declares that this Ordinance is adopted pursuant to California Health & Safety Code Section 33342.7 (SB53) and no amendment of the Temecula Plan is effected by this Ordinance. Section 4. The City Council further finds, determines and declares that this Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines (California Code of Regulations, Title 14, sections 15000 et seq., hereafter the "Guidelines"), and the City of Temecula s environmental guidelines. The City has determined that this Ordinance is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Ordinance is adopted in order to comply with the requirements of California Health & Safety Code Section 33342.7, and is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b)(5)). Therefore, because it is not a "project," this Ordinance is not subject to CEQA's requirements. Further, even if this Ordinance were deemed a "project" and therefore subject to CEQA, the Ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061 (b)(3)). As an organizational or administrative activity that does not effect any change in the Agency's authority to exercise its powers of eminent domain and involves no exercise of such powers, the Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in questions may have a significant effect on the environment, and thus this Ordinance is not subject to CEQA. (Guidelines Section 15061 (b)(3)). Section 5. Staff is hereby directed to file a Notice of Exemption with the County Clerk within five days of the adoption of this Ordinance pursuant to Section 15062 of the Guidelines. Section 6. The City Clerk is hereby directed to send a certified copy of the Ordinance to the Agency. Section 7. If any part of this Ordinance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance and this City Council hereby declares that it would have passed the remainder of this Ordinance it such invalid or unconstitutional portion thereof had been deleted. Section 8. The City Clerk shall certify to the passage of this Ordinance and is hereby directed to publish or post this Ordinance in accordance with law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 11th day of December, 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. was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11 th day of December, 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 11 th day of December, 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. 34 Approvals City Attorney Director of Finance City Manager f/!ar M1 0lL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: December 11,2007 SUBJECT: City Council Travel/Conference Report - November 2007 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On November 1 ih Council Member Jeff Comerchero traveled to New Orleans to attend the National League of Cities Congress of Cities Conference & Community and Economic Development Policy & Advocacy Committee Meeting. Attachment: Meeting Agenda National League of Cities ; I I I. ~ CONGRESS OF C1T1ES &EXPOSITION solutions for moving communities forward New Orleans, Louisiana November 13-17, 2007 ~,~,~ MONDAY, NOVEMBER 12 Registration (opens at 3 p.m.) THURSDAY, NOVEMBER 15 Opening General Session Conference Workshops Exhibits Mobile Workshops Community Service Opportunities Night on the Town TUESDAY, NOVEMBER 13 Registration Leadership Training Institute Pre-Conference Seminars WEDNESDAY, NOVEMBER 14 Leadership Training Institute Pre-Conference Seminars Governance and Policy Meetings Constituency and Special Group Meetings Mobile Workshops Community Service Opportunities First lime Attendees Orientation Welcoming Reception & Exhibit Hall Opening FRIDAY, NOVEMBER 16 General Session Conference Workshops Exhibits Mobile Workshops Community Service Opportunities Night on the Town SATURDAY, NOVEMBER 17 Closing General Session Conference Workshops Delegates Lunch Annual Business Meeting Host City Closing Event For an up-to-date schedule of events please visit, www.nlc.org. 0\ "" 0 - ,.... 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E;2_", ~~ai:gj <I),co?> ..c.!);::e t=;..5"2 .l!l..i:.l!l c: ii:~E ~ ~1'$ E ~!!E ~]-515 t-.!l8 (,)...J(IlU . q;q , ".~.., :\~'., ,.~;, . - ~eci!!~'$day~, :".' .1:~ ... ci.&i~. ~.~a~ Q ~-g.!1l '70:::.9 1:1&1"0 ci.'tlii~ 8~~~ ".- ~g~,6 2:>'~.s ~l>ll!::~ "O.~ g'~ -gt~~ "o-~o" .....<1> c:~ ~t5 8~ cp - . i<:.:::~~~~~,:~','" ~Uc: ~1i:!3,Q .,~8. i55Kl~ J..;'E.s c::::I~ '5~~j J:J58~ . , ! "k' ,~-<>"-:, ~",< ",.,,' -..',- ...~~~.~y:' j,'" .,.J,', .~' i\ SATURDAY NATIONAL LEAGUE OF CITIES COMMUNITY AND ECONOMIC DEVELOPMENT POLICY AND ADVOCACY COMMITTEE CONGRESS OF CITIES MEETING PRELIMINARY AGENDA November 14, 2007,1:30 p.m. - 4:30 p.m. New Orleans, Louisiana Chair: Council Member Ed Reyes, Los Angeles, California I. Welcominl! Remarks Ed Reyes, CED Chair Council Member, Los Angeles, California II. !leview and Annroval of ~teerinl! Committee Recommendations A. Policy Language B. Resolutions III. Policv and Resolutions from the Floor IV. Policv Renort Pamela Kondt\ Senior Policy Analyst, National League of Cities V. Close-to-Home Discussion - How to Work More Effectivelv with Develoners o JeffComerchero, Council Member, Temecula, California, and President and CEO, The Rancon Group o Scott Jepsen, former Mayor, Shoreline, Washington, and Principal Associate, Abt Associates VI. Lel!islative Undate for 2007 and Discussion of Potential Leeislative Priorities in 2008 Michael Wallace, Senior Legislative Counsel, National League of Cities 3 . VII. Field Ooerations Reoort Alisa Blum, Field Operations Manager, National League of Cities VIII. Reoorts from Board and Advisorv Council Liaisons o Anne Sinclair, Council Member, Columbia, South Carolina Member, NLC Board of Directors o Willa Johnson, Council Member, Oklahoma City, OK Member, NLC Advisory Council (recently elected as Oklahoma County Commissioner) .I-" ~ 4