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042208 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title I I] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 22, 2008 - 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:15 P.M. -Closed Session of the City CouncillRedevelopment pursuant to Government Code Section: 1. Conference with City Attorney pursuant to Government Code Section 54956.8 regarding real property negotiations for the property located at 42081 Third Street {south side of Third Street, west of Old Town Front Street, adjacent to Murrieta Creek - APN 922-046-012}. The negotiating parties are the Cityl Redevelopment Agency, Renaissance Ventures - II, LLC, Warehouse at Creekside, LLC, David Crabtree, and Bill Dalton. Under negotiation are the price and terms of payment of real property interests. The City/ Redevelopment Agency negotiators are Shawn Nelson, City Manager; Bab Johnson, Assistant City Manager; and John Meyer, Director of Redevelopment. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 08-02 Resolution: 08-37 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Anthony Savitt Invocation: Pastor Struikmans of Rancho Community Church Flag Salute: Council Member Washington ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar Mental Health Month Proclamation Buildina Safetv Week Proclamation PUBLIC COMMENTS A total of 30 minutes is provided sa 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 ar 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 an 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 March 25, 20Q8. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 0$- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALL01NlNG CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Rancho California Water District Easement within Margarita Park RECOMMENDATION: 4.1 Grant an Easement to Rancho California Water District for construction, operation, and maintenance of facilities within Margarita Park; 4.2 Authorize staff to proceed with the necessary actions to cause the Easement Deed to be recorded. 5 Resolution of Support far the District Attorney of the County of Riverside's Pursuit of Full Funding for additional Judicial Officers to serve Riverside Caunty tat the request of Mayar Na ar RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 0$ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE DISTRICT ATTORNEY OF THE COUNTY OF RIVERSIDE'S PURSUIT OF FULL FUNDING FOR ADDITIONAL JUDICIAL OFFICERS TO SERVE RIVERSIDE COUNTY 6 Award of Construction Contract to American Heavy Moving and Rigging, Inc. for the relocation of existing structures, Old Town Infrastructure Improvements -Project No. PW06-07 (1 A) RECOMMENDATION: 6.1 Award a construction contract for Project No. PW06-07{1A), Old Town Infrastructure Improvements -Relocation of Existing Structures to American Heavy Moving and Rigging, Inc. in the amount of $31,120 and authorize the Mayor to execute the contract; 6.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,112, which is equal to 10% of the contract amount. 7 Memorandum of Understanding and Service Agreement with Eastern Municipal Water District for sewer facilities associated with the Old Town Infrastructure Project -Mercedes and Main Street Improvements -Protect No. PW06-07(1 C) RECOMMENDATION: 7.1 Approve a Memorandum of Understanding {MOU), and Service Agreement with the Eastern Municipal Water District (EMWD) for sewer facilities associated with Old Town Infrastructure Project No. PW06-07(1 C) and authorize the City Manager to execute the MOU and Service Agreement on behalf of the City. 8 Reimbursement Agreements with Eastern Municipal Water District and Rancho California Water District associated with the Old Town Infrastructure Project -Mercedes and Main Street Improvements -Protect No. PW06-07(1 C} RECOMMENDATION: 8.1 Approve a Reimbursement Agreement in the amount of $11,700 with the Eastern Municipal Water District (EMWD) for adjustment of various sewer facilities associated with the Old Town Infrastructure Project No. PW06-07(1 C) and authorize the City Manager to execute the Agreement on behalf of the City; 8.2 Approve a Reimbursement Agreement in the amount of $40,850 with the Rancho California Water District (RCWD) for adjustment of various water facilities associated with the Old Town Infrastructure Project No. PW06-07(1 C) and authorize the City Manager to execute the Agreement on behalf of the City. 9 Amendment to Agreement with EDAW far biological observation, and monitoring, Long Canyon Detention Basin -Project No. PW01-05 RECOMMENDATION: 9.1 Approve the first amendment to the Agreement with EDAW, Inc. for Biological Observation and Monitoring for the Long Canyon Detention Basin, Project No. PW01-05, in the amount of $8,684 and authorize the Mayor to execute the amendment; 9.2 Approve a transfer of $8,684 from the Long Canyon Detention Basin Access Road project to the Environmental Habitat Long Term Maintenance project account. 10 Project Funding, Acceptance of Improvements and Notice of Completion for the Diaz Rd. Realignment Project, Phase II -Project No. PW95-27 RECOMMENDATION: 10.1 Approve an increase in contingency funds of $25,066.74 and authorize the City Manager to approve change orders not to exceed the total contingency amount of $277,036.24; 10.2 Accept the Diaz Rd. Realignment Phase II, Project No. PW95-27, as complete; 10.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 10.4 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 11 Award a Construction Contract for the Pechanga Parkway Phase II Street Improvements - Proiect Na. PW99-11 RECOMMENDATION: 1 1.1 Award a construction contract for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11; Federal Project No. PLHL-5459(014), to All American Asphalt in the amount of $8,131,964.98 and authorize the Mayor to execute the contract; 1 1.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $813,196.50 which is equal to 10% of the contract amount. 12 Reimbursement Agreement with Eastern Municipal Water District associated with the Pechanga Parkway Phase II Street Improvements -Project No. PW99-11 RECOMMENDATION: 12.1 Approve the Reimbursement Agreement in the amount of $20,910 between Eastern Municipal Water District (EMWD) and the City of Temecula for adjustment of various sewer facilities associated with the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, in substantially the same form attached and authorize the City Manager to execute the Agreement on behalf of the City. 13 Agency Agreement, Water System Grant Deed and Water System Construction Agreement with the Rancho California Water District for water facilities associated with the Old Town Infrastructure Project -Mercedes and Main Street Improvements -Project No. PW06- 07(1 C) RECOMMENDATION: 13.1 Approve an Agency Agreement with the Rancho California Water District pertaining to the seven specific parcels of land that compromise the official map of the Old Town Civic Center Properties (PW06-07), and authorize the City Manager to execute the Agreement; 13.2 Approve a Water System Grant Deed with the Rancho California Water District thereby transferring all rights, title, and interests in specific portions of the water system improvements to be constructed as part of the Old Town Infrastructure Project PW06-07(1 C) to the District, and authorize the City Manager to execute the Deed; 13.3 Approve a Water System Construction Agreement with the Rancho California Water District, and authorize the City Manager to execute the Agreement. 14 Cooperative Agreement with the County of Riverside to mitigate traffic impacts in Western Riverside County - 2008 Status Report (at the request of Mayor Naggar} RECOMMENDATION: 14.1 Receive and file a status report on the Cooperative Agreement between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County. 15 Air Systems Cleaning Agreement RECOMMENDATION: 15.1 Approve an agreement with Air Cleaning Systems in the amount of $67,816.34 for a Plymovent diesel exhaust removal system to be installed at Fire Station 84; 15.2 Approve a 10% contingency and allow the City Manager to execute change orders. 16 Appointment of Mayor Pro Tem Edwards to represent the City of Temecula on the Riverside County Habitat Conservation Authority Board RECOMMENDATION: 16.1 Appoint Mayor Pro Tem Edwards to represent the City of Temecula on the Riverside County Habitat Conservation Agency Board. TEMECULA COMMUNITY SERVICES DISTRICT MEETING CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" farm to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CSD CONSENT CALENDAR 17 Minutes RECOMMENDATION: 17.1 Approve the minutes of April 8, 2008. 18 TCSD Proposed Rates and Charges for FY 2008-2009 RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. CSD 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2008-2009 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 19 Professional Services Agreement Amendment -Bonterra Consulting -Environmental Clearance for the Ronald Reagan Sports Park Desilting Basin -Protect No. PW05-13 RECOMMENDATION: 19.1 Approve the Second Amendment to the agreement with Bonterra Consulting in an amount not to exceed $10,950 to provide additional Environmental Services to complete the environmental permitting phase of the Ronald Reagan Sports Park Desilting Basin -Project No. PW05-13; 19.2 Advance $10,950 from TCSD -Citywide Fund to fund the project until such time the Federal Emergency Management Agency {FEMA) provides funding through its reimbursement program. CSD DEPARTMENTAL REPORT 20 Community Services Department Monthly Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT TEMECULA REDEVELOPMENT AGENCY MEETING RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two {2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five {5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" farm 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 21 Minutes RECOMMENDATION: 21.1 Approve the minutes of April 8, 2008. 22 Second Amendment to Agreement for Professional Service Agreement with RBF Consulting for Old Town Infrastructure Project -Mercedes and Main Street Improvements -Project No. PW06-07(1 C) RECOMMENDATION: 22.1 Approve the second amendment to the Agreement with RBF Consulting for Old Town Infrastructure Project -Mercedes and Main Street Improvements Project No. PW06-07{1 C}, in the amount not to exceed $20,000, and authorize the Mayor to execute the amendment. RDA DEPARTMENTAL REPORT 23 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing CITY COUNCIL BUSINESS 24 Consideration of A.M. Emergency Advisory Radio System (at the request of Mayar Pro Tem Edwards and Council Member Comerchero) RECOMMENDATION: 24.1 Receive and provide direction. 25 Campaign Disclosure Ordinance tat the request of Council Member Comerchero) RECOMMENDATION: 25.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEIUIECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS DEPARTMENTAL REPORTS 26 Economic Development Department Monthly Report 27 City Council TraveltCanference Report -March 2008 28 Planning Department Monthlv Report 29 Police Department Monthlv Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, May 13, 2008, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 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CONSENT CALENDAR ITEM RI~J. 1 ITEM RI~J. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 25, 2008 The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced at 7:00 p.m. on Tuesday, March 25, 2008, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington, Naggar Absent: Council Members: None PRELUDE MUSIC The prelude music was provided by Kaylin Im I NVOCATIO N The invocation was provided by Pastor W.M. Rench of Calvary Baptist Church of Temecula PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pra Tem Edwards Medical Facility Task Force Presentation By way of PowerPoint presentation, Dr. Frykman highlighted the following: • Objectives • Southern Area Profile • Population Profile • Population and Hospitalization Comparison • Hospitals in Southern Area • Hospital Profiles • Hospitalization Payment Source • Definition of Self Pay • Licensed Hospital Beds • Physician-to-Population Ratio • Nurse-to-Population Ratio • The Gap • Options • Discussion • City of Temecula, City of Hemet, City of Lake Elsinore, City of Murrieta, City of Perris, City of San Jacinto • Hospitalization Payment Source • Discussion • City of Canyon Lake R:1Mi n utes1032508 For the record, Mayor Naggar noted that the City's population growth at build out is expected to be120, 000. In response to Mayor Pro Tem Edwards' query, Dr. Frykman stated that 200 to 300 additional hospital beds would be needed in order to accommodate the City's expected growth. City Council Member Roberts requested that future health care reports include data with respect to emergency rooms and its level of care. Relaying his perspective with respect to a trained workforce and hospital infrastructure, Dr. Frykman stated that it would be his opinion that it would not be feasible to build a hospital without staff within 10 to 15 miles of a hospital; that a fair number of doctors typically establish their workforce where they have performed there residency; relayed that it would be important for hospitals to offer residency opportunities for doctors in order to attract medical professionals to local areas. Dr. Frykman advised that he, along with Deputy Director of Riverside County Health Department Osure, will be providing the above-mentioned PowerPoint Presentation to surrounding cities. The City Council thanked Dr. Frykman for his presentation. PUBLIC COMMENT A. Representing Temecula Rotary, Mr. Jon Lieberg, spoke regarding the upcoming 12tH Annual Temecula Rotary Triathlon to be held on Sunday, April 13th, 2008 and invited the City Council and residents to participate and advised that more information can be found at www.temeculabikeride.arc~ andlor www.temeculatriathalon.com B. Mr. Doc Laine, Temecula, relayed his dismay with all the new development in Old Town. CITY COUNCIL REPORTS A. Mayor Naggar spoke regarding the upcoming Temecula Youth Employment Expo to be held an Saturday, April 12, 2008 at the Community Recreation Center {CRC). CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:1Mi n utes1032508 2 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 18, 2008. {Mayor Naggar abstained with regard to this item.) 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 08-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Authorize Temporary Street Closure on Rancho Vista Road in front of Temecula Valley High School for the Every 15 Minutes Program RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 08-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE STREET CLOSURE OF RANCHO VISTA ROAD IN FRONT OF TEMECULA VALLEY HIGH SCHOOL BETWEEN MARGARITA ROAD AND CALLE RIO VISTA FOR THE EVERY 15 MINUTES PROGRAM TO BE HELD ON APRIL 16, 2008 FROM 7:30 AM TO 10:30 AM AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 5 Authorize Temporary and Partial Street Closures for the 2008 Temecula Rotary Club Triathlon (within the Redhawk Area) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 08-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING STREET CLOSURES FOR TEMECULA ROTARY CLUB TRIATHLON, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT {Council Member Washington abstained with regard to this item.) R:1Mi n utes1032508 6 First Amendment to the Professional Services Agreement with AAE, Inc. for the design of the Temecula Park and Ride {79 South) -Project No. PW 06-09 RECOMMENDATION: 6.1 Approve the First Amendment to the Agreement with AAE, Inc., for Engineering Design Services in an amount not to exceed $10,000 for the Temecula Park and Ride (79 South), Project No. PW06-09, and authorize the Mayor to execute the Amendment; 6.2 Accelerate the appropriation of budgeted funds in FY2008-09 to FY 2007-2008 in the amount of $10,000. 7 General Maintenance Expenditure with Quaid Temecula Harley-Davidson RECOMMENDATION: 7.1 Increase the annual FY 07-08 expenditure amount with Quaid Temecula Harley- Davidson for repair and maintenance of Police Motorcycles by $18,000 for a total annual purchase of $48,000. MOTION: Council Member Comerchera moved to approve the Consent Calendar. Council Member Roberts seconded the motion and electronic vote reflected approval with the exception of Council Member Washington who abstained on Item No. 5 and Mayor Naggar who abstained on Item No. 2. At 7:50 p.m., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 8:51 p.m., the City Council resumed with regular business. 12 Planning Application No. PA06-0337 -the Old Town Visioning Project provides goals and recommendations to address community concerns regarding the vision for future development in Old Town and suggests a comprehensive revision to the Old Town Specific Plan RECOMMENDATION: 12.1 Authorize staff to proceed with an amendment to the Old Town Specific Plan to address the goals and recommendations for Old Town discussed in the attached Planning Commission staff report. Principal Planner Richardson, by way of PowerPoint Presentation, highlighted the following: • Project Description • Workshops • Workshops 1-3 • Workshop 4 -Market Feasibility • Public/Private Investment • Overall Market Strength • Workshop 5 -Parking Management and Demand • Current Market Demand • Parking Conclusions • Long Term Parking Demand • Existing Parking Supply • Parking Supply R:1Mi n utes1032508 4 • Potential Growth in Parking Supply and Demand • Worksh op 6 -Summary 0 1. Historic Core 0 2. Streets 0 3. Building Heights 0 4. Architecture 0 5. Murrieta Creek Walk 0 6. Infrastructure 0 7. Residential Neighborhood 0 8. Parking 0 9. Economic Development 0 10. Area of Old Town North of the Arch 0 11. Recommendations In response to Mayor Pro Tem Edwards' questions, Principal Planner Richardson added the following comments: • That the workshops ranged from 35 to 75 individuals that consisted of business owners, property owners, residents of Temecula as well as residents of Old Town. • That other cities such as San Diego, Pasadena, and Ventura were explored • That parking concerns expressed were for peak weekday hours and Saturday Farmers' Market hours • That as new development occurs, the goal would be to reclaim vacant alleyways for loading and unloading of deliveries • That a shuttle bus for Old Town was discussed and may be an option in the future • That parking surveys will be conducted on an annual basis • That the City's parking consultant reviewed parking trends; and that other than dedicated uses for businesses such as banks andlar law firms, dedicated parking uses would be a disincentive to the economic vitality of Old Town Council Member Comerchero requested that future parking studies be broken down with respect to store ownerslemployees versus visitors. With respect to Council Member Roberts' concern with the lack of handicap parking in Old Town, Assistant City Manager Johnson stated that handicap parking will be included in the amendment to the Old Town Specific Plan which will be forwarded to the City Council in the near future. A. Commending staff on its efforts with respect to the Old Town Visioning Project, Mr. AI Rattan, Temecula, expressed his concern with the firm that was chosen to design the Old Town Visioning project; noted that Pujol Street should have been included in the visioning project; relayed concern with parking; and suggested that at the time of implementing the Master Plan, that a firm with experience in designing downtowns should be chosen. B. Relaying his support of staff's recommendation, Mr. Walt Allen, Temecula, noted his concern with the City's requirement that developers place utility services within alley easements, Hating that this may stop development; and requested that continued discussion of this matter be through an ad-hoc committee comprised of stake holders of Old Town and qualified individuals. R:1Mi n utes1032508 5 Reflecting on how the visioning project came to fruition, Council Member Washington relayed his support of the visioning process, and noted that Mr. Allen's concern would be meritable. Concurring with comments made by Council Member Washington, Council Member Comerchero stated that he would also share the concern of imposing developers to place utility services in alley easements; commended staff for its efforts for the implementation of the plan; and noted his support of the visioning process. Discussing the preservation of the Historic District in Old Town, Mayor Pro Tem Edwards noted that it would be her opinion that City is currently working on preservation; agreed with not imposing developers to install utility services; and relayed her support of the visioning project and including an ad-hoc committee. Echoing comments made by the Council, Council Member Roberts relayed his support of the proposed visioning process. Also reflecting on how the visioning project came to fruition, Mayor Naggar thanked those involved in the process and enthusiastically relayed his full support. MOTION: Council Member Washington moved to approve staff recommendation. Council Member Roberts seconded the motion and electronic vote reflected unanimous approval. DEPARTMENTAL REPORTS 13 Planning Department Monthly Report 14 Economic Development Department Monthly Report 15 City Council Travel/Conference Report -February 2008 16 Building and Safety Department Monthly Report 17 Police Department Monthly Report CITY MANAGER REPORT Commending staff for their efforts with respect to the Old Town Visioning Project, City Manager Nelson relayed his enthusiasm in moving this project forward. CITY ATTORNEY REPORT With respect to Closed Session, City Attorney Thorson noted that although the City Council gave direction with respect to two litigation matters, no action was taken. R:1Minutes1032508 ADJOURNMENT At 8:51 p.m. the City Council meeting was formally adjourned to Tuesday, April 8, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m. City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael 5. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:1Mi n utes1032508 ITEM RI~J. 3 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: April 22, 2008 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. a8- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLON-ING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $2,286,684.99. 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 10th day of April, 2008. Mike Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 08- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of April, 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 04/03/2008 TOTAL CHECK RUN 04/10/2008 TOTAL CHECK RUN 04/03/2008 TOTAL PAYROLL RUN: $ 754,150.73 1,051,940.60 480,593.66 TOTAL LIST OF DEMANDS FOR 04/222008 COUNCIL MEETING: $ 2,286,684.99 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 916,117.68 165 RDA LOW/MOD - 20% SET ASIDE 18,840.16 190 TEMECULA COMMUNITY SERVICES DISTRICT 184,096.54 192 TCSD SERVICE LEVEL B 126.50 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 14,766.86 194 TCSD SERVICE LEVEL D 908.47 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 5,374.77 197 TEMECULA LIBRARY FUND 14,017.67 210 CAPITAL IMPROVEMENT PROJECTS FUND 519,395.85 280 REDEVELOPMENT AGENCY -CIP PROJECT 30,487.68 300 INSURANCE FUND 5,275.13 320 INFORMATION SYSTEMS 43,798.98 330 SUPPORT SERVICES 7,835.19 340 FACILITIES 19,960.48 380 RDA 2002 TABS DEBT SERVICE FUND 2,475.00 460 CFD 88-12 DEBT SERVICE FUND 1,429.32 472 CFD Ol-2 HARVESTON A&B DEBT SERVICE 1,819.13 473 CFD 03-1 CROV/NE HILL DEBT SERVICE FUND 1,559.26 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 519.75 475 CFD033 WOLF CREEK DEBT SERVICE FUND 1,429.32 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 1,429.32 477 CFD- RORIPAUGH 14,428.27 $ 1,806,091.33 001 GENERAL FUND $ 316,876.14 165 RDA LOW/MOD - 20% SET ASIDE 5,832.48 190 TEMECULA COMMUNITY SERVICES DISTRICT 106,972.20 192 TCSD SERVICE LEVEL B 123.38 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,321.67 194 TCSD SERVICE LEVEL D 845.20 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 594.13 197 TEMECULA LIBRARY FUND 379.76 280 REDEVELOPMENT AGENCY -CIP PROJECT 2,554.08 300 INSURANCE FUND 1,288.21 320 INFORMATION SYSTEMS 27,768.29 330 SUPPORT SERVICES 4,243.21 340 FACILITIES 7,794.91 480,593.66 TOTAL BY FUND: $ 2,286,684.99 apChkLst Final Check List Page: 1 04!0312008 2:49:31 PM CITY OF TEMECULA Bank : Check # union UNION BANK OF CALIFORNIA Date Vendor Description Amount Paid 1033 04/03!2008 OD0245 PERS -HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 76,471.40 Blue Shield HMO Payment 0.00 1034 04/03!2008 OD0444 INSTATAX (EDD) State Disability Ins Payment 22,107.32 1035 04/03/2008 000283 INSTATAX (IRS) FederallncomeTaxesPayment 89,322.00 1036 04/03!2008 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 23,129.27 SOLUTION 1037 04/03!2008 000246 PERS (EMPLOYEES' RETI REM ENT) 1038 04/03!2008 000389 U S C M WEST COBRA), NATIONWIDE RETIREMENT 1039 04/03!2008 000642 TEMECULA CITY FLEXIBLE 123130 04/01!2008 011828 SIDHU LAW FIRM, LLC PERS ER Paid Member Contr Payment 125,337.10 OBRA-Project Retirement Payment Child Care Reimbursement Payment Child Care Reimbursement Payment RetainerfeelLegal svc:Tem.Publ.Fin.Auth 123131 04/03!2008 010196 1ST RESPONDER NEWSPAPER, '08 subsc 1st Resp Newspaper:Fire INC. 123132 04/03!2008 004594 2 HOT ACTIVEWEAR magnets:fire helmet identificatiens 123133 04/03!2008 003552 AFLAC AFLAC Cancer Payment 123134 04/03/2008 008698 ADVANCED APPLIED Feb eng design svc:79S park/ride ENGINEERING 123135 04/03/2008 009033 ALLEN, STEVEN L. photo secs: Spring Egg Hunt 123136 04/03!2008 000101 APPLE ON E INC temp help ppe 3115 Morrison, D 123137 04/03!2008 003203 ARTISTIC EMBROIDERY 50% deposit event shirts:TCSD 123138 04103!2008 003376 ARTS COUNCIL, THE Cultural Arts Mstr Plan implementation 3,499.46 10,386.41 0.00 5,000.00 50.00 120.68 3,553.12 19,459.85 300.00 600.80 1,258.96 10,000.00 Check Total 76,471.40 22,107.32 89,322.00 23,129.27 125,337.10 3,499.46 10,386.41 5,000.00 50.00 120.68 3,553.12 19,459.85 300.00 600.80 1,258.96 10,000.00 Page:1 apChkLst Final Check List Page: 2 04!0312008 2:49:3 1 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123139 04/03!2008 002648 AUTO CLUB OF SOUTHERN mbrshp: 93416891 Lankenau, S 47.00 CALIF mbrshp: 33069042 Jensen, R 47.00 mbrshp: 63295026 Tidwell, R 76.00 170.00 123140 04/03/2008 004757 AUTO MALL COLLISION CENTER vehicle repairlmaint:Fire Marshall 658.98 658.98 123141 04/03/2008 009776 BAKER WINDOW & DOOR Res Imp Pgm: Hernandez, J 3,213.OD 3,213.00 123142 04/03!2008 002381 BEAUDOIN, LINDA Retirement Medical Payment 703.00 703.00 123143 04103!2008 004040 BIG FOOT GRAPHICS TCSD instructor earnings 1,176.00 TCSD instructor earnings 315.00 1,491.00 123144 04/03!2008 004262 BIO-TOX LABORATORIES DUI Drug & Alcohol Screening:Police 935.02 DUI Drug & Alcohol screening:Police 839.60 1,774.62 123145 04/03!2008 003222 BROCKMEIER, CAROL Retirement Medical Payment 690.26 690.26 123146 04/03/2008 000128 BROWN & BROWN OF CALIF INC Bond renewal: Susan Jones 350.00 350.00 123147 04/03/2008 009082 C B C TECHNICAL INC lighting/sound supplies: Theater 12.59 lighting/sound supplies: Theater 62.92 75.51 123148 04/03/2008 006908 C C & COMPANY ING 50% deposit: Harpist 5110 event 200.00 200.00 123149 04/03/2008 002363 C C P O A Membership - CSO Lynn Fanene 30.00 30.00 123150 04/03!2008 003138 CAL MAT Asphalt supplies:pw maint div 226.52 PW patch truck materials 204.73 PW patch truck materials 240.02 PVV patch truck materials 236.63 907.90 123151 04/03/2008 005384 CALIF BAGEL BAKERY & DELI rfrshmnts:CC Military mtg 3/26 131.99 rFrshmnts:Eco Devmtg 3127 48.49 180.48 123152 04/03!2008 010349 CALIF DEPT OF CHILD SUPPORT Support Payment Case # DF099118 25.00 25.00 123153 04/03!2008 010939 CALIF DEPT OF INDUSTRIAL M0497 CertlCompliance:Waterslide 250.00 250.00 123154 04!0312008 004248 CALIF DEPT OFJUSTICE- Fingerprinting Services: Police 3,612.00 3,612.00 ACCTING Paget apChkLst Final Check List Page: 3 04!0312008 2:49:3 1 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123155 04/03!2008 001267 CALIF DEPT OF MOTOR DMV Vehicle Cade Bocks:police 208.88 208.88 VEHICLES 123156 04/03/2008 OD4832 CALIF FIREGHIEFSASSN Regist:CFED'08Cf:PalaResort:4-Staff 1,150.00 1,150.OD 123157 04/03/2008 011301 CALLAWAY MOTORSPORTS 07 Honda Motorcycle:Police 24,177.63 24,177.63 123158 04/03/2008 OD4228 CAMERON WELDING SUPPLY mist supplies: PW Maint 22.22 22.22 123159 04/03!2008 005417 CINTAS FIRST AID & SAFETY first aid supplies: PW Maint 64.43 64.43 123160 04103!2008 011864 CIVIL DESIGN HydrologylHydraulics sftwr:IS 1,612.21 1,612.21 123161 04/03/2008 OD4405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 136.00 136.OD 123162 04/03/2008 004414 COMMUNITY WORKS DESIGN Jan plan cklinsp Svcs: Planning 2,470.00 GROUP Feb plan cklinsp secs: Planning 850.00 Jan landscp pln ck svcs: Planning 95.00 Feb landscp pln ck svcs: Planning 940.00 4,355.00 123163 04103!2008 000447 COMTRONIX OF HEMET Radios:police CAP team 2,495.49 2,495.49 123164 04/03!2008 010650 CRAFTSMEN PLUMBING & HVAC plumbing repairs: Sta 84 134.00 134.00 INC 123165 04/03!2008 011202 E M H SPORTS & FITNESS TCSD instructor earnings 567.00 TCSD instructor earnings 224.OD 791.00 123166 04/03/2008 DD0395 ECONOMIC DEVELOPMENT reg:EDC gtrly mtg 4124 M. Edwards 40.00 40.OD CORP 123167 04/03!2008 OD5692 ELMO, ANTHONY Retirement Medical Payment 703.00 703.00 123168 04/03/2008 011203 ENVIRONMENTAL CLEANING Marjanitorial svcs: Parks 5,208.00 5,208.OD 123169 04/03/2008 011292 ENVIRONMENTAL SCIENCE CEQA cnsultnt srvcs: Ping Dept 7,107.85 7,107.85 ASSOC. 123170 04/0312008 000165 FEDERAL EXPRESS INC 2120-3110 express mail svcs 683.82 683.82 Page:3 apChkLst Final Check List Page: 4 04!03(2008 2:49:31 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Late Vendor 123171 04/03!2008 010804 FEHR & PEERS ASSOCIATES (Continued) Description Expenses:Old Twn Prkg Mgmt Study Jan prgss:Old Twn Prkg Mgmt Study Feb prgss:Old Twn Prkg Mgmt Study Amount Paid 9,501.51 5,196.51 8,143.41 Check Total 22,841.43 Page:4 apChkLst Final Check List Page: 5 04!03(2008 2:49:31 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 123172 04/03/2008 D03347 FIRST BANKCARD CENTER AMERICAN AIRLINES JC Airfare:NLG Cf:316-12:Wshgtn 255.00 T G I FRIDAYS JC MeaI:NLC Conf:Wshgtn:318-12!08 17.03 ONTARIO AIRPORT JG Prkg:NLC Conf:Wshgtn:318-12/08 60.00 CHURCHILL HOTEL, THE JC HoteI:NLC Conf:Wshgtn:318-17J08 724.64 MARIE GALLENDER GY Refreshments:Union Brkfst mtg 36.92 RESTAURANT 25 SWING INN CAFE GY Refreshment:PD Mgmt Mtg 32.35 DISNEYLAND RESORTS GR Prkg:CSMFO Conf:315-6:Anaheim 34.00 PAYPAL GR Verisign Payflow Pro Transaction 59.95 PENFOLD'S CATTLE COMPANY DU Refreshments:Warking lunch 25.55 JOHN WILEY & SONS DU Form-Based Codes:planner guide 74.08 NATIONAL LEAGUE OF CITIES JC Regist:NLC Cf:11111-15:Orlando 380.00 ONTARIO AIRPORT RR Prkg:MetroLink:Wshgtn:2J26-28 45.00 SOUTHWEST AIRLINES RRAirFare:APTA Rail Cf:5131-6/3!08 99.00 HILTON RR HoteI:SCAG RC Mtg:315:LA 147.40 RUTH'S CHRIS STEAK HOUSE RR MeaI:NLC Conf:3l8-12:Wshgtn 236.48 ONTARIO AIRPORT RR Prkg:NLC Canf:318-12:Wshgtn 75.00 HILTON RR HtI1MeaI:NLC Conf:318-12:Wshgtn 1,181.43 NATIONAL LEAGUE OF CITIES RR Regist:NLC Cf:11l11-15:Orlando 380.00 AMERICAN AIRLINES RR AirFare:NLC Cf:11/11-15:Orlando 323.DD WILSHIRE GRAND HOTEL RR Hotel:Transit Summit:3119:LA 169.96 SOUTHWEST AIRLINES RR Airtare:APTA Rail Cf:SanFrancisco 33.OD DINE IN DELIVERY GY Refreshments:Union Negations 111.01 MISSION INN FOUNDATION GY Refreshments:Hospital Seminar 15.00 CHARLIE'S BY THE SEA GY Refreshments:HRCoals Sem. 85.27 FARMER BOY'S GY Refreshments:Animal Shelter Mtg 25.43 MARIE GALLENDER GY Refreshments:TCC presentation 64.83 RESTAURANT 25 CALIF PARKS & RECREATION HP credit:P.Ruse CPRS cf regist -204.50 SOG CALIF PARKS & RECREATION HP credit:M.McCracken CPRS cf regist -204.50 SOC Check Total Pagea apChkLst Final Check List 04!0312008 2:49:3 1 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description CALIF PARKS & RECREATION HP Membership due SOC ARIZONA PARKS & RECREATION HP Regist:Nt'I Symposium:4l6-9:Parker TEMECULA VALLEY HP TCSD Transportation secs TRANSPORTATION COAST HOTELS & CASINOS INC H P HoteI:CPRS canf:2126-29/08 LIGHT ENERGY STUDIO HP c.museum exhibits repair parts 123173 04/03!2008 010493 FOREST CITY COMMERCIAL Lease for Police Mall Storefront MGMT 123174 04/03/2008 010325 FORT DEARBORN LIFE Voluntary Supp Life Insurance Payment 123175 04/03!2008 011895 FOX, CHARLOTTE Reimb:CPRS Conf:2/26-29:LgBeach 123176 04/03/2008 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 123177 04/03/2008 000173 GENERAL BINDING BindinglLamination supplies:Cntrl Svcs CORPORATION 123178 04/03/2008 010279 GRIFFITH AIR TOOL INC Misc supplies:pw maint div 123179 04103!2008 011776 GUIDE PUBLISHING GROUP INC PW99-11 Mailing Bags for Bid Doc 123180 04/03!2008 008244 HARVEY, SCOTT Retirement Medical Payment 123181 04/03!2008 006250 HAZ MAT TRANS INO Haz Mat srvcs:pw waste disposal 123182 04/03!2008 001135 HEALTHPOINTE MEDICAL Employee first aid care srvcs:HR GROUPING 123183 04103!2008 002126 HILLYARD FLOOR CARE SUPPLY gym floor renovation :CRC 123184 04/03/2008 000963 HOGAN, DAVID 123185 04/03/2008 003198 HOME DEPOT. THE 123186 04/03/2008 011888 HUGHES, NANCY Retirement Medical Payment Misc. supplies:pw maint div Misc. supplies:pw maint div Refund: Lifeguard trng-Evan Amount Paid 80.00 165.00 472.00 149.79 12.93 1,458.33 996.90 777.87 75.00 187.95 818.23 172.60 577.97 1,557.00 25.00 3,227.08 703.00 195.21 759.13 108.00 Page: 6 Check Total 5,162.05 1,458.33 996.90 777.87 75.00 187.95 818.23 172.60 577.97 1,557.00 25.00 3,227.08 703.00 954.34 108.00 Page6 apChkLst 04!0312008 2:49:31 PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123187 04/03!2008 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 12,211.90 12,211.90 303355 123188 04/03/2008 004406 IGOE & COMPANY INC Marflex benefit:New EE J.Ward 7.50 Mar flex benefit plan pmt 390.00 397.50 123189 04/03/2008 009135 IMPACT MARKETING & DESIGN Key Lights Promo items:theater 901.40 901.40 INC 123190 04/03/2008 011228 INLAND PLANNING AND DESIGN Consulting svcs:Old Town urban design 8,250.00 8,250.00 INC 123191 04/03/2008 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 842.34 842.34 INC 123192 04/03/2008 010119 IRS - OIC Sup Pmt Offer#1000497587 452379267 140.11 140.11 123193 04/03/2008 004884 J & W REDWOOD LUMBER CO Misc supplies:pw maint div 55.21 55.21 INC 123194 04/03/2008 010206 JARCO ROOFING Res Imp Pgrm: High, Deborah 996.13 996.13 123195 04/03!2008 006573 JENSEN, RICH Reimb: ICBO/ICC Certifications 135.00 135.00 123196 04/03!2008 011886 JMG SECURITY SYSTEMS refund: permit fees F08-0106/07!08 1,585.00 1,585.00 123197 04/03/2008 011774 KIDS FITNESS STUDIO TCSD Instructor Earnings 812.00 812.00 123198 04/03/2008 004062 KUSTOM SIGNALS INC Equip repair & maint:pd lidar gun 385.96 385.96 123199 04/03!2008 000209 L & M FERTILIZER INC maint supplies: pw mntc 63.31 63.31 123200 04103!2008 010546 L C I SERVICES regist:MySpace II Ins Curt Inv 3128 370.00 370.00 123201 04/03!2008 004412 LEANDER, KERRY D. TCSD instructor earnings 2,555.00 2,555.00 123202 04/03/2008 006284 LEWIS &LEWIS ENTERPRISES Nomad TDS Collector:Police 2,357.36 2,357.36 123203 04/03/2008 ODZ933 LINSCOTT LAW & GREENSPAN Oct EIR consulting sues: Planning 3,578.OD 3,578.00 Page:? apChkLst Final Check List 04!0312008 2:49:31 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 123204 04/03!2008 010953 M E I RESEARCH CORPORATION LED lights:fire stn 12 123205 04/03!2008 003782 MAIN STREET SIGNS 123206 04/03/2008 OD4141 MAINTEX INC Street sign:pw maim div custodial supplies:var park sites custodial supplies:crc custodial supplies:foc custodial supplies:mpsc custodial supplies:tcc 123207 04/03/2008 004307 MARINE BIOCHEMISTS Mar water maim srvcs:HarvlDuck Pond Amount Paid 507.34 129.30 396.95 272.72 401.80 218.17 199.12 4,855.00 Page: 8 Check Total 507.34 129.30 1,488.76 4,855.OD 123208 04/03!2008 OD6571 MELODY'S AD WORKS consulting srvcs/Apr O.T. events 1,500.D0 rmb exps:bluegrasshrvestern days/st paint 92.26 reimb expenses:bluegrass festival 112.66 1,704.92 123209 04/03!2008 003076 MET LIFE INSURANCE COMPANY MetLife Dental Insurance Payment 8,179.38 8,179.38 123210 04103!2008 011440 MILLMORE'S WAX CREW City vehicle detailing srvcs:PW Depts 125.00 125.00 123211 04/03!2008 001384 MINUTEMAN PRESS Qty 1000 2nd sheet Ietterhead:Planning 45.55 45.55 123212 0410312008 001892 MOBILE MODULAR 3122-41201081ease pmt:The Pantry 1,033.33 1,033.33 123213 04/03/2008 004534 MOBILE SATELLITE VENTURES Mar EOC Stn Satellite Phone Svcs 72.57 72.57 LP 123214 04/03/2008 000883 MONTELEONE EXCAVATING grading srvcs:french vly pkwy off ramp 22,250.00 22,250.OD 123215 04/03/2008 001986 MU7~,K-SOUTHERN CALIFORNIA Apr music broadcast:Old Town 69.11 69.11 123216 04/03/2008 002139 NORTH COUNTY TIMES Feb display ads for theater 805.27 805.27 123217 04/03!2008 006140 NORTH JEFFERSON BUSINESS Apr-Jun assn dues:f.v.interchg lot 20 658.69 PARK Apr-Jun assn dues:f.v.interchg lot 17 484.81 1,143.50 123218 04103!2008 002105 OLD TOWN TIRE & SERVICE Land Devel vehicle repairlmaint Svcs 36.27 PW Mntc vehicle repair/maim svcs 132.65 168.92 123219 04/03!2008 011873 OLD TOWN TROLLEY TOURS OF MPSC Seal Harbor excursion 418/08 600.00 600.00 SAN Page:B apChkLst Final Check List Page: 9 04!0312008 2:49:3 1 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123220 04/03!2008 005656 PAPA Pesticide seminar:D.Camberos 4115108 70.00 Pesticide seminar:D.Thurman 4/15/08 70.00 140.00 123221 04/03/2008 011832 P F DISTRIBUTION CENTER INC Emergency flashers:pd explorer pgrm 599.99 599.99 123222 04/03/2008 006939 PAINT CONNECTION, THE Res Imprv Prgm:Hart, Robert 2,175.00 2,175.00 123223 04/03/2008 010547 PARKS, RON Retirement Medical Payment 703.00 703.00 123224 04103!2008 007480 PATTERSON, GLENN reimb:rfrshmnts/PlO mtg 3114108 106.82 106.82 123225 04/03!2008 001958 PERS LONG TERM CARE PERS Long Term Care Payment 377.54 377.54 PROGRAM 123226 04103!2008 000249 PETTY CASH Petty Cash Reimbursement 732.57 732.57 123227 04/03/2008 011660 PLANNET CONSULTING Consult srvcs:Civic Cntr IS master plan 19,156.8D Consult srvcs:Civic Cntr IS master plan 22,831.18 41,987.98 123228 04/03/2008 005820 PRE-PAID LEGAL SERVICES INC Prepaid Legal Services Payment 496.20 496.20 123229 04/03/2008 004529 QUAID TEMECULA HARLEY- 'OS motorcycle:Palice 13,050.19 13,050.19 DAV I DSON 123230 04/03/2008 OOZ612 RADIO SHACK INC mist equipment:lnf Sys 363.00 363.00 123231 04/03/2008 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 877.64 Mar 01-OB-38009-0 Fire Stn 92 52.36 930.00 123232 04/03/2008 005807 RESOURCE STRATEGIES INC digital aerial imagery/data 2008 8,135.13 compress'O6 &'07 aerial imagery/data 1,700.00 9,835.13 123233 04/03/2008 004907 RIVERSIDE CO 1011!07-1131108 frwy stratigic study 28,355.25 28,355.25 TRANSPORTATION 123234 04/03/2008 005329 SAFE ALTERNATIVE FOR Council Community Srvc Funding 1,500.D0 1,500.00 EVERYONE 123235 04/03/2008 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 1,D68.26 1,068.26 123236 04/03!2008 006815 SAN DIEGO, COUNTY OF Support Payment Acct # 581095025 12.50 12.50 Page9 apChkLst Final Check List Page: 10 04!0312008 2:49:3 1 PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123237 04/03!2008 010089 SECURITAS SECURITYSRVCS 3!1420/08 security srvcs:stn 95 1,357.96 1,357.96 USA 123238 04/03/2008 008529 SHERIFF'S CIVIL DIV -CENTRAL Support Payment LO File # 2007052618 100.00 100.00 123239 04/03/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 3!27108 483.00 483.00 123240 04/03/2008 DD0751 SKILLPATH INC Negotiate wlvendors 6123,Irvine TT/JR 298.00 298.OD 123241 04/03/2008 000645 SMART & FINAL INC Misc supplies:mpsc 135.05 135.05 123242 04/03/2008 OD0537 SO CALIF EDISON Mar 2-14-204-1615 Front St Rdio 17.90 Mar 2-29-657-2787 Winchester Rd 16.38 Mar 2-29-223-8607 Old Twn PED 1,757.92 Mar 2-29-295-3510 Walf Vlly 896.97 Mar 2-29-807-1093 Irrigation Diaz Rd 16.37 Mar 2-29-807-1226 Diaz Rd Irrigation 14.85 Mar 2-29-807-1382 Irrigation Meter 16.38 Mar 2-28-331-4847 Pauba Rd 117.28 Mar 2-27-371-8494 Offsite Storage 24.53 Mar 2-20-817-9929 Police O.T. Stn 212.48 Mar 2-29-458-7548 Wolf Crk PED 63.67 Mar 2-00-397-5042 City Hall 5,407.79 Mar 2-29-657-2332 Redwocd Rd PED 15.36 Mar 2-29-953-8447 Wlf Vlly Rd PED 15.36 Mar 2-29-933-3831 FOC 1,503.36 Mar 2-30-220-8749 Wlf Crk Dr. 303.26 Mar 2-28-904-77D6 Overland Trail 173.86 Mar 2-18-937-3152 T.Museum 569.05 Mar 2-29-953-8249 Wolf Crk Dr PED 15.36 Mar 2-29-953-8082 Wolf Valley 19.03 Mar 2-19-171-8568 Wedding Chpl 66.37 Mar 2-02-351-4946 MPSC 764.95 Mart-29-224-0173 Fire Stn 1,583.89 13,592.37 123243 04/03!2008 001212 SO CALIF GAS COMPANY Mar 095-167-7907-2 Fire Stn 84 339.08 Mar 101-525-1560-6 Fire Stn 73 422.50 Mar 091-085-1632-0 T.E.S. Pool 14.30 Mar 129 582 9784 3 FOC 254.75 Mar Various City Facilities meters 6,022.04 7,D52.67 123244 04/03!2008 005786 SPRINT Feb 26 to Mar 25 cellular usagelequip 7,032.16 7,032.16 Page:10 apChkLst 04!0312008 2:49:31 PM Final Check List CITY OF TEMECULA Page: 11 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123245 04/03/2008 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 11,300.08 11,300.08 123246 04/03/2008 OOZD15 STAR WAY PRODUCTIONS Old Town Sound System Check 315108 300.OD 300.00 123247 04/03/2008 011667 T & T JANITORIAL INC Marjanitorial srvcs:City facilities 7,301.76 7,301.76 123248 04/03!2008 OD1547 TEAMSTERS LOCAL 911 Unicn Dues Payment 5,276.D0 5,276.00 123249 04/03!2008 008292 TEMECULA DIESEL AUTO & AC patch truck svclrepair:PW Maint 328.91 328.91 TRUCK 123250 04103!2008 008926 TEMECULA STAMPEDE Bluegrass Fest. equiplfac rentals 2,470.00 2,470.00 123251 04/03/2008 011736 TEMECULA TROPHY INC City seal formonument:tem pkwy 1,150.77 1,150.77 123252 04/03/2008 000515 TEMECULA VALLEY CHAMBER State of the City Address 4117 J.Telesio 40.00 40.00 OF 123253 04/03!2008 DD0515 TEMECULA VALLEY CHAMBER State of the City Address 4117 G.Wolnick 40.00 40.00 OF 123254 04/03/2008 000316 THORNHILL, GARY Retirement Medical Payment 703.00 703.00 123255 04103!2008 000668 TIMMY D PRODUCTIONS INC DJlsound engineer:egg hunt 3122108 1,400.00 DJ srvcs:middles school dance 3128 450.00 1,850.00 123256 04/03/2008 008317 TRUEVINE PENTECOSTAL refund: sec.deposit/mpsc 11/20!07 150.00 150.00 CHURCH 123257 04/03!2008 000325 UNITED WAY United Way Charities Payment 69.00 69.00 123258 04103!2008 004261 VERIZON Marxxx-9897 general usage 88.57 Mar xxx-7786 C. Washington 33.60 Mar xxx-2016 reverse 911 120.39 Mar xxx-5706 Field OPS Cntr 301.53 Mar xxx-2676 general usage 33.49 Marxxx-5696 Sports Complex 33.49 Mar xxx-3526 fire alarm 100.51 711.58 123259 04103!2008 004789 VERIZON ONLINE Mar Internet svcs xx2527 Police DSL 39.95 39.95 123260 04/03!2008 010245 VILLA, DOLORES Retirement Medical Payment 585.88 585.88 Page:11 apChkLst 04!03!2008 2:49:31 PM Final Check List CITY OF TEMECULA Page: 12 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123261 04/03!2008 010003 WALKER, TODD TCSD Instructor Earnings 323.40 323.40 123262 04/03/2008 011887 WALLWORK, MARIE refund:tennis camp for kids-EmrylKalen 190.00 190.00 123263 04/03!2008 011290 WE JUST DELIVER refreshments:city council mtg 3125 139.31 139.31 123264 04/03!2008 003730 WEST COAST ARBORISTS INC 311-1 510 8 tree trimming srvcs:Citywide 15,854.00 15,854.00 123265 04/03!2008 011740 WEST COAST LIGHTS & SIRENS Strobe lights for Police patrol units 512.39 512.39 INC 123266 04103!2008 004774 WOODCREST UNIFORMS Uniform srvcs:Police 55.49 55.49 Grand total for UNION BANK OF CALIFORNIA: 754,150.73 Page:12 apChkLst Final Check List Page: 13 04!03(2008 2:49:31 PM CITY OF TEMECIJLA 144 checks in this report. Grand Tatal All Checks: 754,150.73 Page:13 apChkLst 04110/2008 1:16:32PM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1040 041D412008 DD0166 FIRST AMERICAN TITLE Pchnga Pkwy esmnt:961-010-D09/D47 91,755.00 91,755.DD COMPANY 123267 04/10!2008 OD4594 2 HOTACTIVEWEAR police motors uniforms 1,8D2.50 1,802.50 123268 04/10/2008 OD8877 9 1 1 MAGAZINE 1 yr Subscription for Fire Medic 31.95 31.95 123269 04/10!2008 OD1700 A PLUS TEACHING MATERIALS Misc supplies:tiny tot pgrm 34.37 34.37 123270 04110!2008 004973 ABACHERLI, LINDI TCSD instructor earnings 840.00 840.00 123271 04/10/2008 OD3679 AEI CASC ENGINEERING JanJFeb WOMP Plan Ck svcs: NPDES 3,171.OD 3,171.OD 123272 04110!2008 OD9374 ALLEGRO MUSICAL VENTURES Piano tuning srvcs:Library 140.00 140.OD 123273 04110!2008 004240 AMERICAN FORENSIC NURSES DUI & Drug screenings: Police 518.00 DUI & Drug screenings: Police 222.00 May stand by fee: Police 1,000.00 1,740.00 123274 04/10!2008 000101 APPLE ON E INC Temp help PPE 3122 Morrison 521.95 521.95 123275 04/10/2008 OD1323 ARROWHEAD WATER INC Bottled wtr svcs @ TES pool 6.45 Bottled wtr svcs @ Theater 32.37 Bottled wtr svcs @ TCC 8.89 Bottled wtr svcs @ C. Museum 16.43 Bottled wtr svcs @ T. Museum 19.D0 Bottled wtr svcs @ PBSP 32.18 Bottled wtr svcs @ Skate Park 8.61 Bottled wtr svcs @ Maint Facility 180.92 Bottled wtr svcs @ City Hall 361.11 Bottled wtr svcs @ CRC 70.46 Bottled wtr svcs @ Field Ops Genter 73.99 Bottled wtr svcs @ Library 76.10 886.51 123276 04110!2008 OD3215 BARCLAYS LAW PUBLISHERS book:T-19 public safety US 116.D0 116.OD 123277 04/10/2008 OD4262 BIO-TOX LABORATORIES DUI drug & Alcohol screening 280.00 280.DD 123278 04/10!2008 OD8605 BONTERRA CONSULTING Silt removal:RRSP Channel 9,765.94 9,765.94 Page:1 apChkLst Final Check List Page: 2 04!1012008 1:16:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123279 04/10!2008 006908 C C & COMPANY INC Magician for High Hopes dance 275.00 275.00 123280 04/10/2008 003138 CAL MAT PW patch truck materials 445.45 PW patch truck materials 206.76 PVV patch truck materials 707.37 PW patch truck materials 43.10 PVV patch truck materials 586.71 PVV patch truck materials 395.45 2,384.84 123281 04/10!2008 001054 CALIF BUILDING OFFICIALS Regist:Gombo1:5113-15:McClanahan 300.00 300.00 123282 04110!2008 004248 CALIF DEPT OF JUSTIOE- Jan Drug & Alcohol Analysis: Police 1,330.00 1,330.00 ACCTING 123283 04110!2008 001267 CALIF DEPT OF MOTOR Off Hghwy veh.license renewal xx1587 50.00 50.00 VEHICLES 123284 04/10!2008 001267 CALIF DEPT OF MOTOR Off Hghwy veh.license renewal xx3124 50.00 50.00 VEHICLES 123285 04/10!2008 005116 CALIF DEPT OF STATE Animal Adoption adv pymt was overstated 2,262.00 2,262.00 CONTROLLER 123286 04110!2008 004228 CAMERON WELDING SUPPLY Misc welding supplies:pw maint div 76.74 Helium tanks rental/refill:TCSD 41.72 118.46 123287 04/10/2008 004971 CANON FINANCIAL SERVICES, Copier Lease Fire Stn 92 182.55 182.55 INC 123288 04/10/2008 000131 CARL WARREN & COMPANY INC Aug 15-Mar 25 Claim adjuster services 160.50 160.50 123289 04/10!2008 004006 CARROLL, JOSEPH Photography srvcs:city council 517.20 517.20 123290 04/10/2008 010434 CATERERS CAFE Refreshments: Planning Commission 64.00 64.00 123291 04/10/2008 011365 CLOSSICK, LISA Refund: Teen Lock-in:CRC 5.00 5.00 123292 04/10!2008 011904 COHEN, EVAN Refund: Museum of Tolerance Excursion 20.00 20.00 123293 04/10!2008 002945 CONSOLIDATED ELECTRICAL Electrical supplies: Parks 158.39 158.39 DIST 123294 04/10/2008 001264 COSTCO WHOLESALE Refreshments supplies:prk dedications 255.11 255.11 Paget apChkLst Final Check List Page: 3 0411012008 1:16:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 123295 04110/2008 001264 GOSTCO WHOLESALE (Continued) Description Amount Paid city's membership: 111667050820 140.00 Check Total 140.00 123296 04/10/2008 010650 CRAFTSMEN PLUMBING & HVAC Old Town restrooms plumbing repairs 130.DD INC Old Town Sound cabinets mntc secs 120.56 250.56 123297 04/10/2008 009524 CREATIVE HANDS ART SCHOOL TCSD instructor earnings 441.DD TCSD instructor earnings 945.00 1,386.00 123298 04/10/2008 004123 D L PHARES & ASSOCIATES Apr lease:police Old Twn storefront 2,681.52 2,681.52 123299 04/10/2008 011816 D'ALESIO INC Irons scabbard for engine 73 101.58 101.58 123300 04/1012008 003945 DIAMOND ENVIRONMENTAL Portable restrcom: Vail Rnch Pk 79.63 SRVCS Portable restroom: Redhwk Prk 59.63 Portable restroom: Long Cyn Pk 59.63 Portable restroom: Veterans Pk 59.63 Portable restrcom: Riverton Pk 59.63 318.15 123301 04/1012008 004222 DIAMONDBACK FIRE & RESCUE, Amkus extrication equip: Vol Squad 84 1,980.97 1,980.97 INC 123302 04/10/2008 002701 DIVERSIFIED RISK March 08 premiums for special events 4,056.21 4,056.21 123303 04110!2008 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles:PW Mntc 2,524.64 INC Fuel for City Vehicles:PWINPDESlCIP 400.59 Fuel for City Vehicles:ClP 194.87 Fuel for City Vehicles:ClPlCity Van 47.74 Fuel for City Vehicles:Police 38.41 Fuel for City Vehicles: TCSD 2,394.22 Fuel for City Vehicles:PlanninglCode Enf 592.15 Fuel far City Vehicles:Bldg&Safety 428.25 Fuel for City Vehicles:Code Enforce 81.10 6,701.97 123304 04110!2008 001669 DUNN EDWARDS CORPORATION graffiti removal supplies:pw maint div 1,266.07 graffiti removal supplies:pw maint div 61.80 graffiti removal supplies:pw maint div 46.32 1,374.19 123305 04/1012008 004592 ELITE BOBCAT SERVICE INC Rel Retenticn:PW95-27 Diaz Rd Realign 266,700.22 Feb prgss:Diaz Rd Realign Phase II 35,829.18 302,529.40 123306 04110!2008 004829 ELLISON WILSON ADVOCACY Apr State lobbying srvcs:cm office 3,500.D0 3,500.00 LLC 123307 04/10/2008 009286 ENTERPRISE GROUP Paper Replenishment Cntrl Srvcs 5,D85.80 5,085.80 Page:3 apChkLst 04!1012008 1:16:32PM Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 123308 04/10!2008 011292 ENVIRONMENTAL SCIENCE ASSOC. 123309 04/10/2008 000164 ESGIL CORPORATION 123310 04/10/2008 001056 EXCEL LANDSCAPE 123311 04/10!2008 009798 FANENE-GASCON, DLYNN 123312 04/10!2008 011905 PECKER, SAUNDRA 123313 04/10/2008 000166 FIRST AMERICANTITLE COMPANY 123314 04/10/2008 007274 FORGE, THE Final Check List CITY OF TEMECULA (Continued) Description Feb ESA consulting svcs: Planning Jan plan check srvcs:6&S Dept Credit: Jan billing adjustments Vandalism & Misc. Indscp repairs Lndscp mainline repairs: Vineyards Irrigation repairs: Median/Park Sites Refund: Security Depst: CRC Refund: Sr Excursion:Seal Harbor Lot book reports:Radgers refreshmnets: ee gtrly luncheon 123315 04/10/2008 002982 FRANCHISE TAX BOARD non-res.gtrly w/h Jan-Mar 2008 form 592 123316 04/10/2008 007831 FRIENDS OF THE TEMECULA FY 07108 Ccuncil Comm. Svc Fund 123317 04/10!2008 011432 FUENTES, MARTHA Refund:Security Depst:CRC 123318 04/10!2008 011899 FUKUDA, ANN Refund: VICR fees SW08066002 123319 04110!2008 010326 G E TONICS INC reverse osmosis equip maint:stn 73 reverse osmosis equip maint:stn 73 reverse osmosis equip maint:stn 73 Amount Paid 4,998.75 58,980.85 -1,688.48 833.34 264.37 850.71 150.00 35.00 75.00 4,111.12 396.00 1,500.00 400.00 24.00 117.06 52.00 23.71 Page: 4 Check Total 4,998.75 57,292.37 1,948.42 150.00 35.00 75.00 4,111.12 396.00 1,500.00 400.00 24.00 192.77 Page:4 apChkLst Final Check List Page: 5 04!10!2008 1:16:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123320 04/10!2008 000177 GLENNIES OFFICE PRODUCTS Misc office supplies: Bldg & Safety 183.42 INC Misc office supplies: Finance Dept 216.30 Misc office supplies: Citizen Corps 273.94 Misc office supplies: Fire Dept 2,179.73 Misc office supplies: Planning 751.30 Misc office supplies: Human Resources 246.32 Misc office supplies: CRC 123.66 Misc office supplies: PW Admin 383.98 Misc office supplies: Info Sys 194.85 Misc office supplies: Library 213.53 Misc office supplies: Theater 18.79 Misc office supplies: Records Mgmt 304.08 Misc office supplies: City Clerk 405.34 Misc office supplies: CouncillEco Dev 356.39 5,851.63 123321 04/10/2008 011898 GONZALEZ, GUSTAVO Reimb: Class A license Fee 64.00 64.00 123322 04/10!2008 000175 GOVERNMENT FINANCE GAAFR Review far 512008-412009 50.00 50.00 OFFICERS 123323 04/10!2008 005311 H2O CERTIFIED POOL WATER Pool maint srvcs: crc & tes 1,141.25 1,141.25 SPCL. 123324 04/10!2008 000186 HANKS HARDWARE INC Hardware supplies:City Hall 49.35 Hardware supplies:Fire prev/stn 1,538.61 Hardware supplies:Theater 144.51 Hardware supplies:Mntc Facility/FOG 85.55 Hardware supplies:Sr. Center 27.49 Hardware supplies:CRC 8.49 Hardware supplies:Bldg & Safety 97.95 Hardware supplies:C.Museum 129.40 Hardware supplies:Library 16.86 Hardware supplies:PW Street Mntc 1,014.38 Hardwaresupplies:pwtrafficdiv 1,020.36 4,132.95 123325 04110!2008 001135 HEALTHPOINTE MEDICAL Marpre-employment physicals 45.00 45.00 GROUPING 123326 04/10!2008 004811 HEWLETT PACKARD Library:HP Color LaserJet Printer 1,345.80 1,345.80 123327 04/10!2008 007792 HINTON, BEVERLY L. TCSD instructor earnings 154.00 154.00 123328 04/10!2008 003296 INTL CODE COUNCIL Regist:ICC/APA Conf:Harold:4117 30.00 30.00 Pagea apChkLst 04!1012008 1:11i:32PM Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123329 04110!2008 001186 IRWIN, JOHN TCSD instructor earnings 431.20 TCSD instructor earnings 490.00 921.20 123330 04/10!2008 011811 J H DANDY BUILDER Res Imp Prag: Morelli, Mary 2,298.00 2,298.00 123331 04/10/2008 OD4119 J T B SUPPLY COMPANY INC Misc signal supplies:pw traffic div 151.93 151.93 123332 04110!2008 011622 JOHNSON, ROBERT C reimb Green field trip refreshments 94.44 94.44 123333 04/10!2008 011908 KEEGAN, BRITTANY Refund: lost book: Spanish Grammer 19.95 19.95 123334 04/10!2008 011906 KIM, SOON Refund:returned book:Miss Nelson 14.10 14.10 123335 04/10/2008 OD0548 KIPLINGER LETTER, THE 1 yr Subscription renewa1:0054669163 89.00 89.00 123336 04/10/2008 011903 KITTINGER, PAMELA Refund: Security Depst:CRC 4D0.00 400.OD 123337 04/10!2008 001282 KNORR SYSTEMS INC Water heater repair:CRC 335.88 335.88 123338 04/10!2008 004062 KUSTOM SIGNALS INC Battery for police radar units 1,088.50 1,088.50 123339 04/10/2008 006744 LAMAR CORPORATION, THE Install self adh snipe on billboard 300.00 300.OD 123340 04/10!2008 OD4312 LENNAR COMMUNTIES Refund:Eng dspt tract map 26939-2 250,000.00 250,000.OD 123341 04/10/2008 003726 LIFE ASSIST INC Paramedic medical supplies 538.74 538.74 123342 04110!2008 004135 LOGIC COMPUTER PRODUCTS Library back-up tapes cartridges 1,016.47 1,016.47 123343 04/10!2008 003782 MAIN STREET SIGNS Street signs:PW Maint 1,130.03 Notice signs:Park Sites/FOC bldg 364.30 1,494.33 123344 04/10/2008 004141 MAINTEX INC custodial supplies:old town 535.44 custodial supplies:historyrnuseum 38.20 custodial supplies:tcc 76.39 custodial supplies mpsc 99.96 749.99 Page6 apChkLst 04!1012008 1:11i:32PM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123345 04/10/2008 004068 MANALILI, AILEEN TCSD Instructor Earnings 360.50 TCSD Instructor Earnings 152.25 TCSD Instructor Earnings 234.50 TCSD Instructor Earnings 43.75 TCSD Instructor Earnings 124.25 TCSD Instructor Earnings 105.00 1,020.25 123346 04/10/2008 011901 MAYS, III, FRANK G. refund:'The Frog Prince" 19.93 19.93 123347 04/10!2008 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 350.00 TCSD Instructor Earnings 105.00 TCSD Instructor Earnings 289.80 TCSD Instructor Earnings 385.00 1,129.80 123348 04/10/2008 011909 MCFARLIN & ANDERSON LLP Legal services for CFD 07-01 2,307.50 2,307.50 123349 04/10/2008 010148 MCLANE, PEGGY reimb:supplies/April Fools Day1MPSC 60.02 60.02 123350 04110!2008 007210 MIDORI GARDENS Irrigation repairs: Vail Ranch Park 215 229.64 229.64 123351 04/10!2008 001384 MINUTEMAN PRESS business cards:C. HernandezlD. Gregut 89.90 business cards:C. Adkisson-Flohr 44.95 134.85 123352 04/10/2008 001067 MITY LITE INC qty Stables/qty 1 cart far library 1,531.11 1,531.11 123353 04/10/2008 003135 MOORE WALLACE Parking citations printing srvcs:police 1,248.17 1,248.17 123354 04/10/2008 000230 MUNIFINANCIAL Apr-Jun assessment eng srvcs:TCSD 5,654.77 5,654.77 123355 04110!2008 002925 NAPA AUTO PARTS misc supplies:pw maint div 21.11 City vehicle parts & supplies:fire stn 43.29 64.40 123356 04/10!2008 005006 NBS GOVERNMENT FINANCE 2124-5123 Spcl tax admin srvcs:Finance 10,265.11 10,265.11 GROUP 123357 04110!2008 011697 NEWMAN REPLACEMENT Res Imprv Prgm: Denver, Linda 3,000.00 3,000.00 WINDOWS INC 123358 04/10!2008 010273 NION PEABODY LLP Dec 07 legal services 731.50 Dec 07 legal services 5,259.80 5,991.30 123359 04/10/2008 002139 NORTH COUNTY TIM ES Mar recruitmentads:humanresources 1,744.66 Mar advertising:spring egg hunt event 792.86 Mar advertising:old town events 662.46 3,199.98 Page:? apChkLst Final Check List Page: 8 04!1012008 1:16:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123360 04/10!2008 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:City Mgr 79.72 City Vehicle Maint Svcs:PW CIP 36.27 City Vehicle Maint Svcs:PW GIP 38.96 City Vehicle Maint Svcs:PW Maint 565.69 City Vehicle Maint Svcs:PW Maint 608.98 City Vehicle Maint Svcs:PW Traffic 83.37 City Vehicle Maint Svcs:PW Traffic 83.63 City Vehicle Maint Svcs:PW Maint 80.94 City Vehicle Maint Svcs:TCSD 193.17 1,770.73 123361 04/10/2008 001171 ORIENTAL TRADING COMPANY Recreation supplies:TCC 253.78 INC Supplies for Summer Concert Series 70.75 324.53 123362 04/10/2008 008871 ORIGINAL LIFEGUARD INC Lifeguard uniforms:aquatics pgrm 2,753.23 2,753.23 123363 04/10/2008 004389 OUT OF THE ORDINARY team building:Planning 4/21108 1,550.00 1,550.00 123364 04/10!2008 005656 PAPA pesticide sem:K.Harrington 516!08 70.00 70.00 123365 04110!2008 011832 P F DISTRIBUTION CENTER INC Rechargeable safety Iights:Police 3,992.36 3,992.36 123366 04/10!2008 011902 PALMER, ALYSSA refund:picnic shltrlHarv.Comm.Prk 3/30 60.00 60.00 123367 04/10/2008 002652 PAT & OSCARS RESTAURANT refreshments:Every 15 Min Prgm 2,157.58 2,157.58 123368 04/10/2008 004538 PAULEY EQUIPMENT COMPANY various equipment repair: tcsd 17.71 17.71 123369 04/10/2008 011737 PERLMUTTER PURCHASING digital camera/voice recorder:police 1,160.77 1,160.77 POWER 123370 04/10/2008 007484 PHILIPS MEDICAL SYSTEMS INC AED'S: Paramedics 1,343.32 1,343.32 123371 04/10!2008 011861 PLUMBMASTER INC. drinking fountain parts:var parks sites 229.51 229.51 123372 04/10!2008 010338 POOL & ELECTRICAL PRODUCTS Var pool chemicals:aquatics pgrm 200.34 200.34 INC 123373 04110!2008 000254 PRESS ENTERPRISE COMPANY Mar recruitment ads:human resources 3,325.10 3,325.10 INC Page:B apChkLst Final Check List Page: 9 04!1012008 1:11i:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123374 04/10!2008 005075 PRUDENTIAL OVERALL SUPPLY Feb uniformslflr mtsRwl rentals:City 1,325.48 credit:chrgs not per contract/foc bldg -8.80 1,316.68 123375 04/10!2008 010652 QUALITY CODE PUBLISHING City Ordinance Codification: City Clerk 3,467.69 3,467.69 123376 04/10/2008 OOZD12 R D O EQUIPMENT COMPANY City vehicle repair & maint:pw maint 3,854.17 3,854.17 123377 04/10/2008 004029 R J M DESIGN GROUP INC Feb dsgn:redhawk parks improvements 10,650.14 10,650.14 123378 04110!2008 000728 RAMSEY BACKFLOW & Backflow testing:barclay s-15 22.00 22.00 PLUMBING 123379 04110!2008 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 10,918.89 Various PW Water Meters 698.28 Mar 01-00-50007-0 Rdhwk Prkwy 2.70 Mar01-00-00024-0 Diaz Rd Med 30.88 Mar01-00-00020-0 Diaz Rd Med 20.32 Mar01-05-1 1 04 0-1 FOC 110.70 Mar 01-05-11037-1 City Hall 429.92 Various Fire Water Meters 398.92 Various RDA Water Meters 77.23 12,687.84 123380 04/10!2008 006738 RANCHO COMMUNITY CHURCH refund:deposit-190GR/pm 397098,30797 995.00 refund:deposit-206GRlpm 397098,30797 995.00 refund:deposit-196GRIpm 397098,30797 995.00 2,985.00 123381 04/10!2008 011907 RASCON, JENNIFER refund:'1Nhatever" 12.99 12.99 123382 04/10/2008 004584 REGENCY LIGHTING Feb electrical supplies:City facslPrks/O.T. 1,561.46 1,561.46 123383 04/10/2008 OD2110 RENTAL SERVICE equip rental:PW Maint 25.10 CORPORATION equip rental:PW Maint 19.94 45.04 123384 04/10/2008 DD0955 RIVERSIDE CO SHERIFF SW STN Reimb:VIGR fee collectedlswD8066002 89.00 89.00 123385 D4/10/20D8 000873 ROBERTS, RONALD H. reimb: 3113-4/121nternet svcs 49.99 49.99 123386 04/10/2008 008739 ROSE CITY LABEL fire safety sticker badges: Fire Prev 677.55 677.55 123387 04/10!2008 001942 S C SIGNS Jan-Mar public ntc sign postings:C.Clerk 1,275.00 1,275.00 Page9 apChkLst Final Check List Page: 10 04!1012008 1:16:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123388 04110!2008 010089 SECURITAS SECURITYSRVCS 3121-27108 security svcs:Stn 95 1,357.96 1,357.96 USA 123389 04/10/2008 009213 SHERRY BERRY MUSIC Jazz @ the Merc 413108 210.00 210.00 123390 04/10/2008 004814 SIMON WONG ENGINEERING INC Feb prof srvcs:main st bridge pw03-05 10,542.85 10,542.85 123391 04/10/2008 000537 SO CALIF EDISON Apr 2-05-791-8807 various mtrs 10,197.31 Apr 2-29-479-2981 Hghwy 79S 98.07 Mar 2-00-397-5067 various mtrs 1,342.74 Apr 2-27-805-3194 Theater 2,844.14 Mar 2-02-502-8077 Maint Fac 1,369.81 Apr 2-29-974-7899 Ynez Rd LS-3 47.25 Apr 2-29-974-7568 Ynez Rd TC-1 58.91 Apr 2-02-351-5281 CRC 3,700.54 Apr 2-30-066-2889 Rancho Vista PED 15.87 Mar 2-28-629-0507 Library 6,628.97 Apr 2-20-798-3248 C. Museum 802.79 27,106.40 123392 04/10/2008 000519 SOUTH COUNTY PEST CONTROL Mar pest control services:City Fac's 541.00 541.00 INC 123393 04/10/2008 007851 SOUTHCOAST HEATING & AIR HVAC srvcs:city hall 1,341.28 Facility repair & maint:city hall 587.26 1,928.54 123394 04/10/2008 005786 SPRINT Text Message Retrieval 30.00 30.00 123395 04/10/2008 003840 STRONGS PAINTING Painting srvcs:mpsc 10,000.00 10,000.00 123396 04110!2008 000305 TARGET BANK BUS CARD SRVCS hospitality supplies:theater 83.58 volunteer recog awards:police 192.45 276.03 123397 04110!2008 010679 TEMECULA AUTO City vehicle repairlmaint svcs:Fire 607.62 607.62 REPAIRlRADIATOR 123398 04110!2008 008292 TEMECULA DIESEL AUTO & AG patch truck svclrepair:PW Maint 559.91 559.91 TRUCK 123399 04/10!2008 000168 TEMECULA FLOWER CORRAL Sunshine Fund 213.19 213.19 123400 04/10!2008 010848 TEMECULA PLANTSCAPE Mar lease pmts:plants @ library 400.00 400.00 123401 04/10/2008 004788 TEMECULA ROOFING Res Imprv Prgm: Kramer, Marjorie 1,700.00 1,700.00 Page:10 apChkLst Final Check List 04!1012008 1:16:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description 123402 04/10!2008 011736 TEMECULA TROPHY INC Name plate:John Williams recogn awards:C. Lariccia 123403 04/10/2008 000515 TEMECULA VALLEY CHAMBER FY 07!08 4th qtr agreement pmt OF 123404 04110!2008 010046 TEMECULA VALLEY Feb '08 Bus. Imprv District Asmnts CONVENTION & 123405 04/10/2008 000306 TEMECULA VALLEY PIPE & mist supplies:csd maint SUPPLY 123406 04/10/2008 004274 TEMECULA VALLEY SECURITY locksmith services:T. Museum CENTR locksmith services:RRSP 123407 04/10/2008 003941 TEMECULA WINNELSON plumbing supplies:Theater COMPANY 123408 04/10/2008 007824 THESSALONIKA FAMILY refund:teen lock-in:JustinlJohn SERVICES 123409 04110!2008 003862 THYSSENKRUPP elevator fire test -Theater ELEVATOR.BRNCH 37 Apr-Jun elev maint inspectian:City fat's 123410 04/10/2008 011232 TURNER ELECTRIC repair electric meter~Wolf Greek S-28 123411 04/10!2008 001561 U S A MOBILITY WIRELESS INC 3120-6119/08 paginglrental secs 123412 04110!2008 005460 U S BANK Trustee & Fiscal Agent Srvcs:RDA 123413 04/10!2008 002706 U S POSTAL SERVICE nat'I zip code directory disk:City Mgr 123414 04110!2008 007766 UNDERGROUND SERVICE ALERT Marundrgrnd secs alerttickets:PW 123415 04/10!2008 004981 UNISOURCE SCREENING & 123416 04/10/2008 004261 VERIZON 3116-31108 bckgrnd screening srvcs:HR Marxxx-1540 Old Town Prk Lot Mar xxx-5180 79S Irrg Cntr Mar xxx-8900 GIS Library Mar xxx-7530 GIS Library Mar xxx-6620 general usage Mar xxx-1999 general usage Mar xxx-5509 general usage Mar xxx-0049 general usage Amount Paid 9.16 65.67 37,850.00 45,354.68 130.77 11.26 103.47 25.73 10.00 136.50 2,040.00 4,921.65 278.79 2,475.00 75.00 252.00 111.00 88.57 36.66 775.68 439.45 37.72 38.71 145.03 45.83 Page: 11 Check Total 74.83 37,850.00 45,354.68 130.77 114.73 25.73 10.00 2,176.50 4,921.65 278.79 2,475.00 75.00 252.00 111.00 1,607.65 Page:11 apChkLst 04!10!2008 1:16:32PM Final Check List CITY OF TEMECULA Page: 12 Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 123417 04110!2008 004279 VERIZON CALIFORNIA INC. Mar access-C. Mus.phone line 651.72 Mar access-CRC phone line 352.64 1,004.36 123418 04/10!2008 008445 WALT ALLEN ARCHITECT Architectural srvcs:frnch val overcross 4,282.00 4,282.00 123419 04/10/2008 001342 WAXIE SANITARY SUPPLY INC custodial supplies:west wing 240.83 240.83 123420 04110!2008 011740 WEST COAST LIGHTS & SIRENS Repetition Power Supply:Police 4,272.29 4,272.29 INC 123421 04110!2008 002109 WHITE CAP INDUSTRIES INC misc maint supplies:pwmaint 263.32 263.32 123422 04/10!2008 011630 WOLFF LANG CHRISTOPHER Feb Old Twn gym dsgn srvcs 2,127.00 (WLC) Jan Old Twn gym dsgn srvcs 1,276.20 3,403.20 123423 04/10!2008 003776 ZOLL MEDICAL CORPORATION misc supplies: medics 82.75 misc supplies: medics 274.76 misc supplies: medics 903.49 1,261.00 Grand total for UNION BANK OF CALIFORNIA: 1,051,940.60 Page:12 apChkLst Final Check List Page: 13 0411012008 1:16:32PM CITY OF TEMECIJLA 158 checks in this report. Grand Total All Checks: 1,051,940.60 Page:13 ITEM RI~J. 4 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: April 22, 2008 SUBJECT: Rancho California Water District Easement within Margarita Park PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council: 1. Grant an Easement to Rancho California Water District for construction, operation and maintenance of facilities within Margarita Park; 2. Authorize staff to proceed with the necessary actions to cause the Easement Deed to be recorded. BACKGROUND: The City Council approved a Ground Lease Agreement for the YMCA of Riverside City and County, Inc. on January 14, 2003. The first amendment to this agreement was approved January 8, 2008. The Ground Lease Agreement and the First Amendment allows the YMCA to construct a recreational facility within Margarita Park. The development plan for the YMCA facility was approved by the Planning Commission on April 4, 2007. Grading began in January. The approval of this easementwill allow Rancho California Water District access to construct and maintain water service to the YMCA building. FISCAL IMPACT: ATTACHMENTS None Site Plan Grant of Easement Recording Requested by RANCHO CALIFORNIA WATER DISTRICT After Recordation Return to: Rancho California Water District 42135 Winchester Road Post O%ce Box 9017 Temecula, CA 92589-9017 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of ufiich is hereby acknowledged, Space Above This Line for Recorder's Use hereby GRANT(S) to RANCHO CALIFORNW WATER DISTRICT, a public corporation, a perpetual non-exclusive easement and right- of-way for pipeline or pipelines, together with incidental 4ppurienances, corrections, and suvemres in, over, under, upon, along, through, and across the real property situated in ~C~ri1 eGGJ Q in the Comty of Riverside, Smte of California, hereinafter described: See ~~ ~~ ed ~jcLi; d ~ jfs r~ ~ /r3 together with the right to grade and improve said righ[of--way and to enter upon and to pass and repass over and along said strip of land for the construction, operation, and maintenance of the facilities to be constructed in said easements by the RANCHO CALRORNIA WATER DISTRICT. It is mderstood and agreed that the easements and rights-of--way acquired herein are subject m the right of the owner, his successors and assigns,.[o use the surface of the land within Ore boundary lines of said easements and rightsof--way [o the extent Iha[ such use is compatible with the full and free exercise of said easements and righubf--way by the RANCHO CALIFORNA WATER DISTRICT; provided however, that no fences, block walls or other structures, or other improvements shall be constructed upon, over, and along said easements and rightsof--way without firs[ obtaining the written consent of Ore RANCHO CALIFORNIA WATER DISTRICT. No fill or paving of any nature shall be placed or maintained over the surface of the ground, nor shall any earth be removed from [he cover of said pipeline after construction, without fast obtaining Ore written approval of the RANCHO CALIFORNIA WATER DISTRICT. IN WITNESS WHEREOF, this instnunent bas been executed this day of CERTIFICATE OF ACCEPTANCE This• is to certify that the irrterest in mal property conveyed by the deed or grant dated , 2007 from to Rancho California Water District, a public agency and subdivision in Ore Smte of California, is hereby accepted by order of the undersigned o%cer on behalf of the Board of Directors pursuant to the authority conferred by ResoWOon No. 2004-5-2 of the Board of Directors adopted ou May 13, 2004 and the grantee consents ro recordation thereof by its duty authorized officer. DATED: 200 200_. RANCHO CALIFORNIA WATER DISTRICT sy: Brian J. e~adg Gereal Manager - N:tEngAdmintFanns 2000rF355.da: Exhibit "A" Legal Description 29119 Margarita Ave, Temecula, CA 92592 Those portions of Parcel 14 of Tract Map 3334, as sho~yn by Tract Map on File in Book 54, Pages 25 through 30; inclusively of Tract Maps in the Office of the County Recorder of Riverside County, State of California, being more particularly described as follows: Parcel A: Commencing at the northerly corner of Parcel 14 as shown on said Map, said point being the southerly Right-of--Way of Margarita Road; Thence along the northwest line of said Parcel 14 South 34°54'52" West a distance of 544.31 feet to the Point of Beginning (POB); Thence South 55°05'05" East a distance of 44.14 feet; `~ Thence North 34°54'39" East a distance of 18.52 feet; / Thence South 55°05'05" East a distance of 10.00 feet; `~ Thence South 34°54'39" West a distance of 8.52 feet; '~ Thence North 55°05'05" West a distance of 34.14 feet to a point on the northwest line of ~ said Parcel 14; Thence along the said northwest line of said Parcel 14 South 34°54'52" West a distance of 10.00 feet to the Point of Beginning. '~ Containing 526 square feet more of less. Parcel B: Commencing at the northerly corner of Parcel 14 as shown on said Map, said point being the southerly Right-of--Way of Margarita Road; Thence along the northwest line of said Parcel 14 South 34°54'52" West a distance of ~ 354.53 feet to the Point of Beginning (POB); Thence South 55°05'08" East a distance of 10.00 feet; ~ Thence North 34°54'52" East a distance of 42.78 feet; ~ Thence South 55°05'08" East a distance of 60.65 feet; Thence North 34°54'52" East a distance of 10.00 feet; ~ Thence North 55° 05'08" West a distance of 45.46 feet; Thence North 34°54'52" East a distance of 17.72 feet; `~ Thence North 55°05'08" West a distance of 25.19 feet to a point on the northwest line of said Parcel 14; Thence along the said northwest line of said Parcel 14 South 34°54'52" West a distance of 70.50 feet to the Point of Beginning. Containing 1,580 square feet more of less. Prepared by: Michael L. Benesh Date L.S. 5649, Reg. Exp: 9/30/09 SCALE l"=40' EXHIB/T B EASEMENT PLAT 29/l9 MARGARITA ASE, TEMfCULA, CA 92592 \ ` ` MgRGq/i'/Tq /i pq0 • NW CoR~ PARCEL /4 / ~ TM 3334 J 5~ ~sso h~~v ~h~~ ~ ~ 2s~9 ~s°eN °h~' ~ ~~~~ 1i 1 J ~~ huu• hti~ ah~` ~~~ q~(, Q~ ~ ~~ / \~' ~'S~h`1, ~'SSo /y 'SSo ~S o /O°O °s°S/y '~%°'SO,s~~PARCEi 7B PARCEL A ~~ ~`?~ -PARCEL B PARCEL B ,!~ /~^~~` ~~ ~0~ ~~V '~ A 1~ ITEM RI~J. 5 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: April 22, 2008 SUBJECT: Resolution of Support for the District Attorney of the County of Riverside's Pursuit of Full Funding for Additional Judicial Officers to Serve Riverside County (at the Request of Mayor Naggar) 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 THE DISTRICT ATTORNEY OF THE COUNTY OF RIVERSIDE'S PURSUIT OF FULL FUNDING FOR ADDITIONAL JUDICIAL OFFICERS TO SERVE RIVERSIDE COUNTY. BACKGROUND: Riverside County has seventy-six (76) judicial officers. State Court figures based on population and caseload suggest our County needs one hundred and thirty-three (133). The County was on track to receive additional judicial officers but the funding allocations for 2007/2008 and 2008/2009 are at risk. The lack of judicial resources creates a number of problems that are clear: The Riverside County courts continue to dismiss felony and misdemeanor cases, unprecedented in any other part of our state; Last minute trial assignments to any court in the various geographical corners of our county continue to cause a negative impact on victims who must travel over fifty (50) miles to testify making them feel even more like a victim; Last minute criminal trial assignments to any court in the various geographical corners of our county create a reduction in law enforcement in each community negatively impacting the safety of our citizens; Civil cases have been almost completely stopped as the civil courts have worked to address the criminal cases; Citizens attempting to resolve civil disputes do not have full access to any judicial forum in this County; The caseload in Riverside County is so high and the backlog of civil and criminal cases is so substantial, it cannot be fixed by providing additional short-term resources as the State has done since August, 2007. The County of Riverside needs the support of the State in funding the additional positions allocated in the State's budget of 200712008 and 2008/2009. The citizens of Riverside County deserve appropriate resources far their judicial system so criminals can be held accountable, the innocent can be discharged, and civil disputes can be resolved. FISCAL IMPACT: None. ATTACHMENTS: None. RESOLUTION NO.08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE DISTRICT ATTORNEY OF THE COUNTY OF RIVERSIDE'S PURSUIT OF FULL FUNDING FOR ADDITIONAL JUDICIAL OFFICERS TO SERVE RIVERSIDE COUNTY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the County of Riverside has seventy-six judicial officers while State Court figures based on population and caseload suggest that Riverside County needs one hundred and thirty-three (133} judicial officers; and WHEREAS, the County was on track to receive additional judicial officers but the funding allocations for 2007/2008 and 2008/2009 are at risk; and WHEREAS, the lack of judicial resources creates a number of problems including Riverside County Courts continue to dismiss felony and misdemeanor cases, unprecedented in any other part of our state; and WHEREAS, last minute trial assignments to any court in the County continue to cause a negative impact on victims who must travel over fifty (50} miles to testify; and WHEREAS, last minute trial assignments to any court in the County create a reduction in law enforcement in each community negatively impacting the safety of our citizens; and WHEREAS, civil cases have been almost completed stopped as the civil courts have worked to address the criminal cases; and WHEREAS, the caseload in Riverside County is sa high and the backlog of civil and criminal cases is so substantial, it cannot be fixed by providing additional short-term resources as the State has done since August, 2007; and WHEREAS, citizens of Riverside County deserve appropriate resources for their judicial system; and WHEREAS, the County of Riverside needs the support of the State in funding the additional positions allocated in the State's budget of 2007/2008 and 2008/2009; and NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula hereby supports the District Attorney of the County of Riverside's efforts to achieve full funding for additional judicial officers to serve Riverside County. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of April, 2448. Mike S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 48- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of April, 2448, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk ITEM RI~J. 6 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Award of Construction Contract to American Heavy Moving and Rigging, Inc. for the relocation of existing structures, Old Town Infrastructure Improvements - Project No. PW06-07 (1A) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Bill McAteer, Construction Manger RECOMMENDATION: That the City Council: 1. Award a construction contract for Project No. PW06-07(1A), Old Town Infrastructure Improvements -Relocation of Existing Structures to American Heavy Moving and Rigging, Inc. in the amount of $31,120.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,112.00, which is equal to 10% of the contract amount. BACKGROUND: On June 27, 2006 the City Council approved the master plan for the Old Town Civic Center, which among other things included relocation of the Escallier House and Barn to make way for the proposed Civic Center. This project will relocate these Historic Buildings to the Temecula Community Center site. Architectural plans are currently being prepared to renovate these structures for use by T.E.A.M. Pantry and their charitable endeavors. In accordance with informal bidding procedures Request for Proposal (RFP) #159 was prepared sent out on March 6, 2008, to five moving contractors and three bids were received on March 24, 2008. The results were as follows: 1. American Heavy Moving and Storage, Inc. $31,120.00 2. Cen-Cal Heavy Moving, Inc. $38,500.00 3. Younger Brothers Housemoving $47,000.00 Staff has reviewed the bid proposals and found American Heavy Moving and Rigging, I nc. to be the lowest responsible bidder. American Heavy Moving and Rigging, Inc. have extensive experience in the house moving field and have successfully completed other moving projects in Southern California. The relocations are expected to take one week. FISCAL IMPACT: The project is part of the Old Town Infrastructure Projects included in the current CIP budget which are funded with various funding sources including RDA Bond proceeds, DIF Corporate Facilities and Capital Project reserves; however this agreement will be funded solely with Capital Project reserves. Adequate funds are available in project account no. 210-165-644-5804 for this $34,232 request, which includes the contract amount of $31,120 plus a 10°~ contingency of $3,112. ATTACHMENTS: 1. Location Map 2. Contract H Q a W W Q Q F U O a W U r`~ ~ y~O k. A F A "~ O vF`i u F .~ a O H b FU P ~. C ~ d O O O O O O t~ O o o v o O M~ o H v d C 0 0 0 0 0 O H ~ to C ~ -t O " C 0 U ~ a i . ~ ; ~ ~ ~ ~ ~ U .~ DD «~+ r..' VI ~ N . H ~ ' ~ ° o G ~ N ^ ~ 0 C p, o ° v ,~ '. ~ ~ u o d v ?? -~ 0 N + M 0 a u 3 ~ ~ H °o 4+ ~ ,0 N u O u N w q ~ F O~ '~ ~ 4 y~ ~ ° n ~ u o N o j ~ v_ V ~ ' O O O o 0 O O N O 0 ~ l 0 o v o ~ H o " v a ~ oo o o o ~ . ` o o ° a O o o N ~ • ~ (n V3 VI to N y ~ Ca ~ e~ O O O p, iy _ O O ~ V ~ V b I ~ d l l F ~ Fr O el ~ O~ -' O~ ~ o ~ o E A ' . -~ o ~ o Q ~ O V ~ 69 V3 i+ q O U ~ o 0 0 1O 'a W b p~ P. ~~ P ~ U ti ~ ~. x- H ¢~Q~H q q w 0 N Z CITY OF TEMECULA CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES RELOCATION OF HISTORIC STRUCTURES OLD TOWN INFRASTRUCTURE PROJECTS RELOCATION OF EXISTING STRUCTURES PROJECT NO. PW06-07(1A) THIS CONSTRUCTION CONTRACT, made and entered into as ofApril 22, 2008 by and between the City of Temecula, and American Heavy Moving and Rigging, Inc. ("Contractor"). In consideration ofthe mutual covenants and conditions setforth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor shall construct and install all of the work described in the Request for Proposal {RFP) 159, attached hereto and incorporated herein as ExhibitA. {"Work") and shall provide and furnish all the labor, materials, necessarytools, expendable equipment, and all utility and transportation services required far the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. 2. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of Thirty One Thousand One Hundred Twenty Dollars and No Cents ($31,120.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A. Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibits A is null and void and not part of this Agreement. 3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and wark performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 5. CHANGE ORDERS. All change orders shall be approved bythe City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes and additions to the work in an amount not to exceed the contingency as established by the City Council. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in C:~Program Files (x86 }1Neevia.Com~Document Converterltemp1876621.doc writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this localityfor each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775,1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Lobar Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 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 byany subcontractor under him, in violation of the provisions of the Contract. 8. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Ifthe City suspends orterminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time oftermination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions ofthis Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately bywritten notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions ofthis Agreement, it shall serve the Contractor with written notice of the default. The Contractor 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 Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedyto which it may be entitled at law, in equity or under this Agreement. C:~Program Files (x86 }1Neevia.Com~Document Converterltemp1876621.doc 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which mayarise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1} Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001}. (2} Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). (3} Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injuryand propertydamage. If Commercial General Liability Insurance orotherform 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) Employer's Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities C:~Program Files (x86 }1Neevia.Com~Document Converterltemp1876621.doc performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. 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 Contractor'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 District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this 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 by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on farms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability far Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will complywith such provisions before commencing the performance of the work of this Contract." 12. TIME OF THE ESSENCE. Time is of the essence in this Contract. 13. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct C:~Program Files (x86 }1Neevia.Com~Document Converterltemp1876621.doc of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liabilitywhatever against City, or bind City in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by Cityfor purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis forany claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 18. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 20. INSPECTION. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safetyand convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. C:~Program Files (x86 }1Neevia.Com~Document Converterltemp1876621.doc 21. DISCRIMINATION. Contractor represents that it has not, and agrees that itwill not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: American Heavy Moving and Rigging, Inc. 11532 East End Ave. Chino, CA 91710 Attention: Brad Sutton 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any partthereaf, nor any monies due hereunder, without priorwritten consent of the City. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The City and Contractor understand and agree thatthe 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 jurisdiction over the City of Temecula. 26. PROHIBITED INTEREST. No officer, or employee ofthe City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor herebywarrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 27. 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 orwritten, are merged into this Agreement and shall be of no furtherforce 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. C:~Program Files (x86 }1Neevia.Com~Document Converterltemp1876621.doc 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved As to Farm: Peter M. Thorson, City Attorney CONTRACTOR: American Heavy Moving and Rigging, Inc. 11532 East End Ave. Chino, CA 91710 Ph. 909-590-5662 FAX 909-590-3635 Name, Title Name. Title (Two signatures of corporate officers required) C:~Program Files (x86 }1Neevia.Com~Document Converterltemp1876621.doc Exhibit "A" CONSTRUCTION SERVICES RELOCATION OF HISTORIC STRUCTURES OLD TOWN INFRASTRUCTURE PROJECTS RELOCATION OF EXISTING STRUCTUREIDEMOLITION & GRADING PROJECT NO. PW06-07(1A) Request for Proposal 159 C:~Program Files (x86 }1Neevia.Com~Document Converteritemp1876621.doc March 6, 2008 REQUEST FOR PROPOSAL # 159 The City of Temecula, hereinafter referred to as the City, is inviting proposals, from qualified Contractors, for the relocation of two Historic Buildings in the City's Old Town District. The relocation distance is approximately 3/4 of one mile from 41852 Main Street to 28816 Pujol Street (see proposed transport route within Exhibit "D"). The selected contractor will be responsible for providing all qualified labor, equipment, safety/notification signs and all other items specified and outlined in the RFP in order to safely move the historic structures within one working day. IN addition, the selected contractor shall coordinate their move with the traffic control and staging to be provided by others. Time Schedules: The following is the City's tentative schedule for the selection of a contractor: 1. Request For Proposal Mailed: 2. Deadline For Submitting RFP Reply: 3. Staff review of Proposals: 4. Award of Contract March 6, 2008 March 24, 2008, no later than 4:00 pm March 25 - 26, 2008 April 8, 2008 (could be delayed, pending environmental approval} On or prior to 4:00 p.m., on March 24, 2008 one (1) original and three (3) copies of the proposal must be received in a sealed envelope addressed to: Via U.S. Mail: City of Temecula Attn: Public Works Department P.O. Box 9033 Temecula, CA 92589-9033 Courier Service and Walk-In Delivery: City of Temecula Attn: Public Works Department 43200 Business Park Drive Temecula, CA 92590 Please clearly identify the proposal envelope -Historic Buildings Relocation RFP 159 Any questions pertaining to this Request For Proposal shall be directed to Bill McAteer, Construction Manager, Department of Public Works at (951} 694-6411. Sincerely, City of Temecula Bill McAteer Construction Manager C1Program Files (x86}Weevia.ComlDocument Converterltemp1876620.doc CITY OF TEMECULA REQUEST FOR PROPOSAL #159 HISTORIC BUILDINGS RELOCATION Instructions/Conditions/Legal Requirements: 1. Provide pricing on all requirements as outlined in "Exhibit A". If there are discrepancies between services, labor, materials, unit prices and extensions the City reserves the right to clarify pricing with the affected contractor. Contractor must hold a State of California Contractor's License (A or C-21). 2. Contractor agrees that failure to list all cost components related to the proposal will result on their proposal be deemed non-responsive. 4. Contractor shall mail, or deliver, RFP responses to the City, attention of the Public Works Department. The proposal must be received no later than 4:00 p. m. on March 24, 2008. 5. The City of Temecula has outlined the requirements herein in as much detail as possible. The Contractor may provide exceptions, additional information, or suggestions that will aid in the City's selection process as an attachment to the proposal; but be aware the some exceptions to the proposal may be grounds for declaring the bid non- responsive (e.g., contractors license and insurance can not be an exception). 6. The contractor shall defend, indemnify, and hold the City of Temecula, its officers, agents, volunteers, and employees harmless from any and all causes of action or claims of damages arising out of or related to the contractors performance under this contract. 7. Contractor shall identify those services, if applicable, that will be outsourced to a subcontractor. The prime contractor will be responsible for verifying the qualifications and validity of all licenses, permits and quality of work for any outsourced work to subcontractors. The prime contractor is also responsible for paying its employees and any subcontractors the prime contractor hires. 8. The selected contractor is required to comply with all existing State and Federal labor laws. The selected contractor is also responsible for complying with all OSHA standards and requirements. If contractor out sources any work or job to a subcontractor, it will be the prime contractor's responsibility to ensure all subcontractors meet the requirements as stated in this RFP. 9. A final contract will be awarded to the most competitively priced, fully responsive and qualified proposal. The determination of the most qualified, responsive and most competitively priced proposal may involve all or some of the following factors: price, thoroughness of the proposal package, previous experience and performance, and conformity to specifications in "Exhibit A". The City reserves the right to select a contractor to perform all of the work identified in the RFP, or only selected portions based on price and/or other factors. 10. At time of execution of the contract, the selected contractor is obligated to provide evidence of insurance liability to include: Workers Compensation, General Liability, Automobile Liability, Excess/Umbrella Liability, Personal Property Damage and Professional Liability in the amount of $1,000,000 per occurrence, and abide by the City's insurance procedures as outlined in "Exhibit B". 2 C1Program Files (x86}Weevia.ComlDocument Converterltemp1876620.doc 11. The successful contractor shall be an independent contractor, and nothing shall be construed to cause the contractor to be deemed or represent itself as an agent or employee of the City. The contractor shall defend, indemnify, and hold the City of Temecula and its officers, agents, volunteers and employees harmless from any and all causes of action or claims and damages arising out of or related to the contractor's performance under this contract. 12. The contractor shall be excused from performance hereunder during the time and the extent that he/she is prevented from obtaining, delivering, repairing, or performing in the customary manner, by acts of God, fire, war, strike, and loss or shortage of transportation facilities. Contractor shall provide the City satisfactory evidence that non- performance is due to other than fault or negligence on the part of the contractor. 13. Any evidence or collusion among contractors acting illegally to restrain freedom of competition by agreement to propose fixed price, or othenrvise, will render the proposal of such contractors void. 14. The selected contractor agrees to maintain a City of Temecula Business License for the duration of the contract. 15. All work shall be done by qualified personnel. Contractor shall provide copies of all Federal, State, County, and City licenses or certificates required by the Specifications/Scope of Work. 16. Contractor agrees that all service by the contractor shall be to the satisfaction of authorized City personnel. In the event the contractor defaults on performance of any of these requirements, then the City shall have the right to terminate this agreement upon thirty {30) days written notice delivered to the contractor by certified mail or courier. The contractor shall maintain the contract during the termination period. Termination of the contract will not relieve the contractor of any liability to the City for damages sustained by the City because of any breach of contract by the contractor, and the City may withhold any payments to the contractor until such time as the exact amount of damages due the City from the contractor is determined. 17. The contractor shall submit a list of at least five {5) references who have procured similar services from the contractor. Contractor shall provide company name, contact name and phone number for each reference. 18. The term of the contract shall commence upon award by the City Council and continue through October 30, 2008. 19. The contract between the contractor and the City is non-transferable. Contractor shall under no circumstances assign the agreement without written permission of the City. Contractor shall notify the City, in writing, of any changes in business ownership at least thirty (30) days prior to said change. A copy of the City's Contract Agreement for Construction Services is attached as Exhibit "C". This contract is an example only, no action required until award of bid. 20. The City's terms for payment are net thirty {30) days upon receipt of invoice. Contractor shall submit invoices between the first and fifteenth business day of each month for services provided the previous month. Payment shall be made within thirty {30} days of receipt of each invoice as to all undisputed fees. 3 C1Program Files (x86}Weevia.ComlDocument Converterltemp1876620.doc 21. Contractor is required to carefully and fully investigate all of the requirements of this RFP, as well as, the route of travel where the work will take place and all work or arrangements needed to fulfill the terms of the proposal. By submitting a proposal, contractor represents and certifies to the City that such investigation has been completed and that it fully understands the Specifications/Scope of Wark. 22. The SpecificationslScope of Work (Exhibit A) shall be signed by an authorized official of the company. 23. The City will not reimburse contractors for any costs involved in the preparation and submission of proposals. Furthermore, this RFP does not obligate the City to accept or contract for any expressed or implied services. 24. All submitted proposals and information included therein or attached thereto shall become public records upon contract award. 26. Any questions regarding this RFP should be referred to Bill McAteer, Construction Manager, Department of Public Works at (951) 694-6411. 4 C1Program Files (x86}Weevia.ComlDocument Converterltemp1876620.doc CITY OF TEMECULA HISTORIC BUILDINGS RELOCATION SPECIFICATIONSISCOPE OF WORKIQUOTE SHEET EXHIBIT "A" A. Required Qualifications 1. Contractor must hold a State of California Contractor's License (A or C-21). 2. Contractor must have full time, permanently employed staff trained and certified in the building relocation industry. B. Route Criteria 1. The route of travel shall be as directed by the City of Temecula and it will involve the removal of obstructions (e.g., traffic signal mast arms) by others and require coordination and cooperation. Both structures will be required to pass through the intersection of Old Town Front Street and First Street within a period of one hour. Therefore, the contractor shall utilize two trucks for this move such that both structures move simultaneously through the intersection. C. Scope of Work 1. All work involved in the preparation of the (2) Historic Buildings prior to Lifting. 2. Transportation of the (2) Historic Buildings to their new site at 28816 Pujol St. 3. Placing the buildings onto temporary dunnage at the project site, at a location directed by Engineer. 4. Lowering the (2) Historic Buildings onto their new permanent foundation(s) when the site is ready. (approximately 8/08). Contractor will be given notice of date when this needs to occur and it shall be done within two weeks of that date. 5. Removing all materials used to temporarily shore buildings when general contractor gives approval and/or placed on their permanent foundations. C. Schedule of Work and Hours of Operation 1. The contractor shall, prior to commencing work, submit and gain approval of a work schedule indicating the order and duration of work. 2. The general hours of operation shall be 9:00 a.m. to 3:00 p. m. on major streets and 7:30 a.m. to 4:00 p.m. on residential streets. The days of operation shall be Monday through Friday. No work shall be performed on Saturday or Sunday unless authorized by the City. EXHIBIT "B" 1 C1Program Files (x86}Weevia.ComlDocument Converterltemp1876620.doc D. Safety Contractor shall conform to all City of Temecula Traffic Safety requirements and operating rules at all times while this contract is in effect using Cal Trans standards for safety and traffic control. Contractor will be required to abide by the all safety rules and obey all traffic control devices deployed to close or delineate traffic lanes to through traffic during the move(s). Contractor shall submit a detailed plan(s) of shoring, lifting, shoring and placement of the structures for approval by the City prior to commencement of work. EXHIBIT "B" C1Program Files (x86}Weevia.ComlDocument Converterltemp1876620.doc CITY OF TEMECULA BID PRICES FOR HISTORIC BUILDINGS RELOCATION Attach a statement of qualifications outlining the contractors corporate profile and contractor's experience in House Moving services as required by the RFP. 2. Attach a list of client references. 3. Selected contractor will provide the following documentation upon execution of the contract: • Certificate of Insurance as outlined in the requirements in "Attachment B". • Completed W-9 form • Copy of City of Temecula Business License COST COMPONENT PRICE 1. INSTALL SUPPORTS I LIFT BUILDINGS $ 2. TRANSPORT TO NEW SITE /SET ON TEMPORARY FOUNDATIONS AT NEW $ SITE (2 BUILDINGS SIMULTANEOUSLY) 3. SET BUILDINGS ON NEW PERMANENT ~ FOUNDATIONS (August 2008) TOTAL COST $ Name(Title/Date Signature Print/Type Name & Title EXHIBIT "B" C1Program Files (x86}Weevia.ComlDocument Converteritemp1876620.doc EXHIBIT "B" INSTRUCTION FOR COMPLETING, EXECUTING AND SUBMITTING EVIDENCE OF INSURANCE TO THE CITY OF TENIECULA The following information is provided to assist you in completing insurance endorsements and certificates required by the City of Temecula: Company Date Information To Insured A. 1. In order to reduce time delays in providing evidence of insurance to the City of Temecula, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement form(s) along with these instructions for completing, executing, and submitting evidence of insurance. 2. If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self-insure Workers' Compensation, a copy of the certificate shall meet the requirements for Workers' Compensation insurance covering activities within the State of California. 3. All questions relating to insurance should be directed to the department or office responsible for your contract, lease, permit, or other agreement. Information To Insurance Agent or Broker B. 1. The appropriate endorsement form shall be used. No changes in the terms of the endorsement will be permitted. Certificates of Insurance alone will not be accepted by the City of Temecula. 2. More then ane insurance policy may be required to comply with the insurance requirements. Endorsement forms appropriate to your insured's contract, lease or permit are checked below and enclosed. O Workers' Compensation () General Liability () Automobile Liability () Excess/Umbrella Liability () Professional Liability; Errors and Omissions Insurance 3. Have an Underwriter or Officer of the insurance company sign the completed endorsement forms and note their phone number at the bottom of page 2. Sigxiatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures. EXHIBIT "B" 1 C1Program Files (x86}Weevia.ComlDocument Converteritemp1876620.doc 4. The name of the Insurance Company, underwriting the coverage, and its address shall be noted on page 2 of the endorsement form. 5. The endorsements and certificates shall include reference to the activity and/or to the specific City of Temecula contract number, lease number, permit number or construction approval number. 6. The coverage and limits for each type of insurance are specified in the contract requirements. 7. Endorsements to excess policies will be required when primary insurance is insufficient to comply with the City requirements. 8. If there is insuiTicient space in the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached. 9. Completed Certificates and Endorsement(s) and questions relating to the required insurance are to be directed to: City of Temecula P.O. Box 9033 Temecula, California 92589-9033 Attn: Department of Public Works (909) 694-6411 10. DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEI~•IENT FORMS MAY DELAY YOUR INSURED INTENDED OPERATIONS UNDER AGREEMENT WITH THE CITY OF TEMECULA EXHIBIT "B" 2 C1Program Files (x86}Weevia.ComlDocument Converteritemp1876620.doc POLICY NiJMBER: ENDORSEMENT: NAMED INSURED: EFF. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B-AMENDED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTOMOBILE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT and REDEVELOPMENT AGENCY, ITS OFFICERS, OFFICIALS EMPLOYEES OR VOLUNTEERS. RE: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.} WHO IS INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY INSURANCE It is agreed that such insurance as is afforded by this policy for the benefit of the named insured and THE CITY OF TEn~CULA shall be primary insurance as respects any claim, loss or liability arising out of operations by the named insured, or by its independent contractors for which the named insured is found to be liable and which liability applies to the special contract under which the named insured has agreed to perform specific operations, and any other insurance maintained by THE CITY OF TEn~IECULA, shall be excess and non-contributory with the insurance provided hereunder. SEVERABILITY OF INTEREST It is agreed that the insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suite is brought, except with respect to the company's limit of liability. EXHIBIT "B" 3 C1Program Files (x86}Weevia.ComlDocument Converteritemp1876620.doc SIGNATURE OF INSURER (Underwriter or Officer) I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF INSURER (Underwriter or Officer) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: EXHIBIT "B" 4 C1Program Files (x86}Weevia.ComlDocument Converteritemp1876620.doc POLICY NUMBER: ENDT NAMED INSURED: EFF THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY/ WORKER'S COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT Name of Person or Organization: THE CITY OF TEMECULA, TEMECULA COMMUNITY SERVICES DISTRICT and REDEVELOPMENT AGENCY, ITS OFFICERS, OFFICIALS EMPLOYEES OR VOLUNTEERS. RE: In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other statement in the policy to which this endorsement is attached or any other endorsement attached or any other endorsement attached thereto, it is agreed as follows: 1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City of Temecula. Such notice shall be addressed as shown in the heading of this endorsement. 2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Temecula, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Temecula. SIGNATURE OF INSURER (Underwriter or Officer) I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. SIGNATURE OF INSURER (Underwriter or Officer) (Original signature required on endorsement furnished to the City of Temecula) ORGANIZATION: TITLE: ADDRESS: TELEPHONE: EXHIBIT "B" 5 C1Program Files (x86}Weevia.ComlDocument Converteritemp1876620.doc EXHIBIT "B" 6 C1Program Files (x86}Weevia.ComlDocument Converteritemp1876620.doc ITEM Na. 7 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Memorandum of Understanding and Service Agreement with the Eastern Municipal Water District for Sewer Faciltiies Associated with the Old Town Infrastructure Project- Mercedes and Main Street Improvements; PW06-07(1C) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP David McBride, Senior Engineer RECOMMENDATION: That the City Council approve a Memorandum of Understanding (MOU), and Service Agreement with the Eastern Municipal Water District (EMWD) for sewer facilities associated with Old Town Infrastructure Project No. PW06-07(1C) and authorize the City Manager to execute the MOU and Service Agreement of behalf of the City. BACKGROUND: The Infrastructure project, awarded by Council on March 18, 2008, includes the abandonment of various segments of existing sewer mainlines, construction of new sewer mainlines matching the reconfiguration of Main Street and the establishment of service laterals to the future Civic Center Structures. EMWD is the Agency that owns and operates the sewer system within the project area of the new Civic Center. I n order the adequately serve the all the improvements associated with the Civic Center project, the City has designed, and will be abandoning segments of the existing mainline sewer system and constructing new segments of mainline sewer that EMWD will accept and maintain upon completion. The MOU establishes the terms by which EMWD will provide temporary use of the new sewer mainlines prior to EMWD's formal acceptance of the improvements. The Service Agreement formally establishes the obligations and responsibilities of the City and EMWD relative to our proposed changes to their sewer system and outlines how sewer service to the Civic Center and adjacent development will be provided. The Agreement also outlines how the City would be reimbursed for a portion of the new sewer systems cost when adjacent development occurs. FISCAL IMPACT: Various costs or fees associated with providing sewer service for the various Civic Center projects, as formally outlined the Service Agreement, will be addressed administratively or by Council action as they occur. The funds to design, inspect, construct and utilize the sewer system are addressed within the various project budgets of the Parking Structure, Civic Center Structure and Infrastructure & Town Square Improvements. ATTACHMENTS: 1. Memorandum of Understanding 2. Service Agreement MEfv1ORANDUM OF UNDERSTANDING FOR TEMPORARY WATER AND/OR SEWER SERVICE This Memorandum of Understanding (MOU) is entered into by and between CITY OF TEMECULA, hereinafter referred to as "Sponsor' and Eastern Municipal Water District, a public agency, hereinafter referred to as "District". 1. On , 200_, a Standard Water and/or Sewer Facilities Service Agreement was entered into between Sponsor and District setting forth financial and other arrangements associated with the subject facilities and the provision of service therethrough. Paragraph 8 of the agreement provided for the execution of a Special Water and/or Sewer Interim Facilities Agreement to make service available prior to District's acceptance of said water and/or sewer facilities. This agreement serves that purpose with the following conditions: a. District agrees to provide temporary water and/or sewer service to those units described on Exhibit "A," attached hereto and by this reference incorporated herein, upon receipt of written notice from Sponsor requesting such service. Notice shall be received by District no less than thirty (30) days prior to the need for temporary service by Sponsor; b. District shall have no obligation to provide temporary water and/or sewer services to any other unit or any portion of the property described and/or depicted in the agreement, unless described in Exhibit "A." No course of dealing between Sponsor and District will operate as an implied or express right to receive temporary water and/or sewer service to any portion of Sponsor's property, except as set forth in a written instrument signed by both parties; c. Sponsor shall remit a $26 processing fee per addendum for Occupancy Release requests, subject to no less than four (4) lots per addendum; and d. Sponsor, at its expense, shall make any repairs or alterations to facilities if they fail to meet District approved standards. 2. Paragraph 11 of Exhibit D to the Standard Water and/or Sewer Facilities Agreement states that upon completion of the water andlor sewer facilities by Sponsor and acceptance of ownership by District, the District will provide service through such facilities in accordance with District's applicable rules and regulations. All of the parties' rights and obligations herein shall cease and be of no further force or effect. 3. District hereby agrees to provide interruptible domestic water service and/or sewer service pending Sponsor's completion of all facilities and acceptance of ownership by District as specified in the Standard Water and/or Sewer Facilities Agreement if the following conditions are met by Sponsor: a. Hold Harmless. Sponsor hereby agrees to indemnify and hold District harmless from any and all claims for damage to property or injuries to persons arising by reason of or in any manner connected with the temporary operations covered by the Agreement and this MOU. Such indemnification shall include attorneys' fees and court costs; and Dna~rtN'nI II) 11627?2 b. Insurance Policv. Sponsor shall continuously maintain in full force and effect during the term of this MOU, the policies and limits of insurance coverage as set forth in Exhibit L of the Standard Water and/or Sewer Facilities Service Agreement. c. District Inspection/Acceptance. District's inspection personnel shall have authority to enforce District approved construction plans and specifications. Such authority shall include the authority to require Sponsor to make repairs or replace unacceptable materials during the period of temporary utility service. Final District acceptance shall follow District's final inspection and testing and completion of all improvements including other utilities, curbs and paving. District's inspection does not include inspection for compliance with safety requirements by Sponsor or its contractors or subcontractors. Any inspection completed by District shall be for its own benefit, and neither Sponsor nor any third party shall be entitled to rely thereon for any purpose. 4. It is understood and agreed by Sponsor that any changes to the terms and conditions of this MOU or the Agreement shall be in writing and signed by Sponsor and District and that District retains the right to terminate temporary utility service to or through Sponsor's facilities at any time as determined by District in accordance with applicable rules and regulations. 5. This MOU is of no effect until executed by both parties. 6. In the event suit is brought to enforce or interpret any part of the Agreement or this MOU, the prevailing party shall be entitled to recover costs and expenses of the action, including, without limitation: a. Attorneys'fees; b. Direct general overhead and administrative costs incurred by said party in connection with the preparation for and/or participation in the action, including, but not limited to, assisting in investigations and discovery, participating in depositions and in any trial or similar proceeding, and the preparation of records, reports, diagrams, maps and other writings (as defined in Section 250 of the California Evidence Code); c. Expert witness fees; d. Transcript costs, court costs and other similar costs; e. Consultant's fees; f. Any other miscellaneous costs directly relating to the claim or action. SPONSOR EASTERN MUNICIPAL WATER DISTRICT By: _. _ BY CITY OF TEMECULA Eli Rodriguez, Principle Engineering Tech. II 6owmcm ID: tl6?772 DESCRIPTION PSN#3098643, Work Order 12176, Town Square Plaza Sewer Relocation EXHIBIT A Document lD t162"' 7ro; ect seq_nom: 30985J3 Loc~gncnt ID: 3L5 TJ57 STANDARD WATER AND/OR SEWER FACILITIES AND SERVICE AGREEMENT This Agreement is made and entered into this _ day of , 200_, by and between EASTERN MUNICIPAL WATER DISTRICT a public agency ("District")and CITY OF TEMECULA of TEMECULA , CA ("Sponsor") WHEREAS, Sponsor is planning to develop Work Order .12176, Town Square Plaza Sewer Relocation as generally shown on the map attached hereto as Exhibit A, located within District's ^ Water and/or ©Sewer and/or ^ Recycled Water Improvement District No(s) and Service Area(s) ISU6,SA34 ;and WHEREAS, the water and/or sewer and/or recycled water system facilities (Subject Facilities) which are generally shown and depicted on the map attached hereto as Exhibit B, are necessary to provide water and/or sewer and/or recycled water service for said Subject Development; and WHEREAS, upon completion of the Subject Facilities and fulfillment of Sponsor's obligations and responsibilities, District shall own, operate, maintain and provide service through said Subject Facilities in accord with District's Rules, Regulations and Policies; and WHEREAS, the purpose of this Agreement and the Exhibits attached hereto and by this reference incorporated herein, is to set forth (financial and other arrangements between District and Sponsor for the Subject Facilities, Sponsor's initial estimated cost of which is 547,600.00 as developed and shown on Exhibit C. NOW, THEREFORE, in consideration of the above recited premises, together with the mutual covenants herein contained and attached hereto, it is agreed that: 1. Terms and Conditions Aoolicable for this Agreement. Sponsor and District each agrees to fulfill and/or perform each of the obligations and responsibilities identified on Exhibit D as "Applicable' in accordance with the provisions, terms and conditions set forth in the respective paragraphs attached thereto. 2. Financial Partici anon Based on Sponsor's initial estimated cost developed in Exhibit C, less District's fixed financial participation in the amount of $0.00 as shown on Exhibit E, Sponsor's estimated final cost for the Subject Facilities is 547,600.00. 3. Documents to be Furnished to District by Soonsor Sponsor shall furnish to District each of the documents identified on Exhibit F as "Applicable". Each identified document shall be duly executed by Sponsor or the involved other party, and submitted to District in accord with the indicated time schedule for each respective document. FOR DISTRICT USE ONLY Water Construction Order No. Assigned Date_ Sewer Construction Order No. Assigned Date _ 4. Payment to be Made by Sponsor to District Unless noted otherwise, Sponsor shall make payment to District of each of the charges identified on Exhibit G as "Applicable' concurrently with Sponsor's execution and delivery of this Agreement to District, Where Sponsor has "deferred" payment of fees, such deferred charges shalt be paid by Addendum to this Agreement prior to District's acceptance of the facilities and provision of service to the involved unit(s) 5. Credits to Sponsor Toward Payment of oplicable District Charges District will credit Sponsor with payment of applicable District charges in the amounts indicated on Exhibit H, which credits and all terms and conditions associated therewith are covered in the related documents attached thereto. 6. District's Right to Complete the Subject FaciGlies District is hereby granted the unqualified right to complete, at Sponsor's non-reimbursable expense, all or a portion of the Subject Facilities in the event a circumstance arises which, in the opinion of the District, may be a threat to the public's health, safety or welfare. Prior to District taking such action, Sponsor will receive a written Notice specifying the involved problem and will be given a reasonable period of time to take remedial action, satisfactory to District, within the time specified in the Notice. Sponsor shall be exclusively responsible for any and all legal and/or financial ramifications and/or settlements with Sponsor's contractor. If either the District or the Sponsor is delayed, hindered or prevented from performing any term of this Agreement, by any reason beyond either party's control, including without limitation any strike, walkout, inability to procure material, failure of power, restrictive laws or regulations, riot, war, act of God or the default of the other party, then such performance will be excused or tolled during the period of delay and the applicable time period or deadline will be extended by a period equal to the period of such delay. 8. Service Limitations Following completion of construction and testing but prior to District's acceptance of the Subject Facilities, District may make service available from and through the Subject Facilities under a separate agreement by and between District and Sponsor. Sponsor hereby specifically agrees not to permit any portion or unit of the Subject Development to be occupied until the Subject Facilities have been accepted by District and all of Sponsor's obligations have been fulfilled, including payment of District charges and completion of improvement district annexation/formation legal proceedings, if applicable. 9. Agreement Limitations A, Relative to This Entire Agreement This Agreement shall automatically be canceled and become null and void if it has not been executed on behalf of Sponsor and District and Sponsor has not fulfilled all of its financial and other obligations which are required to be fulfilled concurrently with Sponsor's execution of this Agreement, on or before May 20, 2008; and B. Relative to Financial Participation Charges and Other District Charges The estimated amounts of all applicable Financial Participation Charges and other District Charges to be paid by Sponsor shall be subject to adjustment to reflect the then per unit amount applicable at the time the involved portion(s)lunit(s)hove been completed and service is requested, all as determined by District. Sponsor agrees to pay the full adjusted amount of such District Charges prig to District's acceptance of the (acifities and provision of service to the involved unit(s). For the purposes of this Agreement, the word completed shall be determined by District and mean: 1) Those water and/or sewer facilities which have been accepted and placed into service by District; and 2) Those units which have been certified for occupancy by the County of Riverside or the involved city (as appropriate) or otherwise approved for release by District for model home or landscape uses, 10. Hold Harmless Sponsor shall assume the defense of, indemnify and hold harmless District and its officers, directors, administrators, representatives, consultants, engineers, employees and agents and their respective successors and assigns (collectively, "District Indemnitees"), and each and every one of them, from and against any and all actions, causes of action, damages, demands, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) claims, losses and expenses of every type and description ("Costs") to which they may be subjected or put, by reason of, or resulting from, (A) this Agreement, (B) the design, engineering and construcUOn of the improvements (or any of them) (C) the performance of or failure to perform, the work covered by this Agreement which is caused or occasioned by any act, action, neglect on the part of Sponsor or its Representatives (as defined below), (d) any death, injury, property damage, accident or casualty caused or claimed to be caused by Sponsor or its Representatives or involving Sponsor or its Representatives or its or their property; (f) any breach by Sponsor of its obligation under this Agreement; and (e) any enforcement by District of any provision of this Agreement. The foregoing indemnity shall not apply to the extent any such Costs are ultimately established by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the District Indemnitees or any of them. District shall make all decisions with respect to its representation in any legal proceeding concerning this section. If Sponsor fails to do so, District shall have the right, but not the obligation, to defend the same and charge all of the director incidental Costs of such defense, including fees and costs, to Sponsor and to recover the same from Sponsor. The term "Representatives" shall mean emplovees. shall in any way limit the or liable. No the :uon or proceedng ansrng out of and in connection with the ssary expenses if Sponsor fails upon reasonable notice to so with counsel reasonably acceptable to District. Sponsor shall pon request. 11. Preparation of This Agreement This Agreement shall not be construed against the party preparing it, but shall be nonstrued as if both parties prepared it. 12. Purpose of Captions Captions to Paragraphs are for convenience purposes only and are not part of this Agreement. 13. Binding Provision This Agreement is binding on the heirs, representatives, successors and assigns of the parties hereto. 3 IN WITNESS WHEREOF, the parties have caused this Agreement to he executed as of the date first above written. EASTERN MUNICIPAL WATER DISTRICT By: Eli Rodriguez, Principle Engineering Technician II Dated: CITY OF TEMECULA By: Signature Dated: (Print Name & Title) ~d :~ 1., r j~. dPa3 C!r gd'i~Da~r= r iC v~_ ~ ~j9i iNv- j P ~E i~.i f ~ 9.: !v~ ~irj d, iA + ~a .r d r. ,[j qr !y9E,ap s;j! 3 4 ;~ d~Pa!d n peg ~? 77~N~ 7! i5~li 'ppE~ f~P ~Y e. ~(it`v n ~ YpS ~~~ td' _L ~6.ic fpEa; e!~ ,a ji~~~.~ Y3 '! j.d 1 i •~ pk'3 P i ire A F 1!d !ar j~5~ ;~ .:r1 idi~ 'tf §§° ~j !fPt dii rJ?e i`N} Rg7 1~,z: !'y~~ ~~3 !E ealt~6! i¢: ii~ iai~ ei ~iEd! iEa::~3 i i i rEri i! ~. Y 1 i c~;r i f! ~ ~ A ; jr q, E p d;6Y(i s .f j`r' i a ~ 7w ¢ f eF~I ~~ ';S 1 ii • A; '31 1 ii `A e 13 ~~ i?E,~ F~ 3 C Pia !~ ~ ~:r! d~ E ~fdEi. !r ~V 7. Gi _u 3i ! ; : j! r ~ r ! !~ ! i li_ ia~~ i~9 A !1~ a: ,1 . ~. A ~ tB i a`i Sq ~ ~ fC .` _ V: G] r` ^ V v ~ y ., ^ ~ ~ ~ ~ ~ ,. , W N i G a'pq N ~ Q ~ ~ O o-~a0 ~P ~ [r M ~ U Lb Q ~ ~ H w EN-568 (Rev. 9119!03) EASTERN MUNICIPAL WATER DISTRICT COST ESTIMATE FOR SEWER FACILITIES Developer CITY OF TEMECULA Trail: TOWNS QUARE PLAZA SEWER RELOC. W.O./C.O.# 12-176 LD./S.A.# U-8l 34 Date: FEB. 28, 2008 Estimator's Initials: LA.M. Supervisors Initials: <'1M. 2 ct' Typist Initials: Implementing Facilities, List [~ res [] No Sewer Easement: In Project ^res [] No Offsfte Sewer BackFlOw Valves: Required Lots: Work Authorization: ^res ~ Ro Treatment Plant Not cation: [ I Nececd :1 Na N,r<k.f A. Sewer line Installation: 400 LF - 8" SEWER ; 171 LF - 4"SEWER LATERAL $ 18,280 B. Installation of Manholes and Cleanouts: 2 EA' STANDARD MANHOLE ; 4 EA - ON SRE CLEANOUT $ 7,080 C. Misc. installation: 1 EA -JOIN TO EXIST. SEWERLINE ; 700 LF -ABANDON /REMOVE SEW. $ 8,500 D. T.V. 400 feet of Sewer Line $ 480 SUBTOTAL 1 $ 34,340 Contingencies:(t0%) (Subtotal t) $ 3,430 SUBTOTAL 2: (Contingencies + Subtotal 1) $ $~~770 Engineering (by Developer's Engineer) ( 10.00 °h) (Subtotal 2) $ 3,780 EMWD Inspection ( 10.00 °k) (Subtotal 2) $ 3,780 '' EMWD Plan Review $ 2,000 " As Buifts 3 sheets x $ 90 per sheet $ 270 " Exhibit "C" TOTAL ESTIMATED COST -SEWER $ 47,600 'Costs included in Exhibit G, Line A OBLIGATIONS/RESPONSIBILITIES SPONSOR'S OBLIGATIONSI PURSUANT TO NOT RESPONSIBILITIES RELATIVE TO: PARAGRAPH APPLICABLE APPLICABLI A Financial Participation 1 ,~ ~ B Preparation of Construction PlansiSpecifications 2 [~ ~ C Construction of Subject Facilities 3 ® ^ CPre-construction ConferencelProject Coordination !Designation of 4 ® ^ Authorized Representative E Inspection of Construction 5 ^ ^ F Field Engineering, Surveys, Compaction and Materials Strength Tests 6 ® ^ Disinfection Requirements G Construction and OperatelMaintain Permits 7 ® ^ H Easements g ^ I Grant Deeds g ^ J Cost Accounting Records 1p ® ^ K Conveyance of Ownership 11 ® ^ L Payment to Cover District's Expenses 12 ® ^ M Environmental Information 8 Assistance 13 ® ^ N Payment of Other Applicable Charges 14 ® ^ C Improvement District annexationlFormation 15 ^ P CFD/Assessment District Requirements 16 ^ C Street Address 17 ^ R Water Pressure Conditions 18 ^ S Treatment Plant Location Notification 19 ^ T Sewer Backwater Valve z0 ^ U Special Terms and Conditions 21 ~ ^ V Insurance Requirements 22 ® ^ N Public Works Requirements Z3 ^ X Conversion of landscape Irrigation to Recycled Water 24 ^ DISTRICT'S OBLIGATIONS! PURSUANT TO NOT RESPONSIBILITIES TO: PARAGRAPH APPLICABLE APPLICABLI A Financial Participation 1 ~ ^ B Plan Review and Approval z ® ^ C Construction of Portions of the Facilities 3 [] D Inspection of Construction 5 ~ ^ E Determination of Final Total Costs 10 0 ^ F Acceptance. Ownership, and Service Responsibilities 11 ~ ^ EXHIB IT D STANDARD TERMS AND CONDITIONS APPLICABLE FOR WATER AND/OR SEWER FACILITIES AND SERVICE 1. Financial Parlicioation Sponsor shall finance the total cost of the Subject Facilities, less District's financial participation, if any. Sponsor shall bill District (or the amount of Distnct's Fixed Financial Participation within thirty (30) calendar days after completion of the Subject Facilities and District's acceptance thereof. 2. Preparation of Construction Plans and_Saecifications Sponsor shall employ, at its sole expense, a qualified professional engineering firm to plan, design and prepare detailed construction plans and specifications for the Subject Facilities covered by this Agreement in accord with District standards. Such plans and specifications shall be reviewed and approved by District, in writing, prior to the beginning of any construction. 3. Construction of the Subject Facilities Unless otherwise approved by District, District shall furnish all labor, materials and equipment necessary to connect the Subject Facilities to District's existing system facilities and may install other portions of the Subject Facilities, including water meters, as provided for in the plans and specifications. Any work pertormed by the District shall be paid by Sponsor on an actual (including overhead) cost basis. All facilities furnished, constructed and installed by Sponsor's contractor shall be installed in strict compliance with District approved plans and specifications. Sponsor may not deviate from such approved plans and specifications without prior written approval by District. Sponsor's contractor shall provide aone-year (following District's final acceptance) materials and workmanship guarantee. Any facilities damaged by any party prior to District's final acceptance or within the one-year warranty period, shall be repaired by Sponsor's contractor at no cost to District. If, however, temporary water service is being provided by District through a portion of the Subject Facilities prior to completion of the Subject Development, District shall make any and all repairs to that portion of the Subject Facilities at Sponsor's expense. Notwithstanding the foregoing, District shall have the unqualified right to immediately make any emergency repairs necessary to eliminate any threat to the public's health, safety or welfare and to ensure continuity of service at Sponsor's non-reimbursable expense 4. Preconsiruction Conference/Project CoordinatioNDesignation of $DOr_1SOf'S Authorized Representative Sponsor shall be responsible for coordinating all construction activities associated with the Subject Facilities and anyother work to be performed by Sponsor's contractor. In this regard, Sponsor shall schedule apre-construction conference with District personnel. II shall also be the responsibility of the Sponsor and Sponsor's contractor to hold safety conferences as required bylaw and comply with applicable Federal, State, local and District safety criteria. At or prior to the pre-construction conference, Sponsor shall officially, in writing, designate (hose who have authority to represent Sponsor relative to the furnishing and installation of the Subject Facilities and shall immediately advise the District of any subsequent changes in such authorized representation. 5. Inspection of Construction District shall be responsible for inspecting the work to be performed by Sponsor's contractor for compliance with the approved plans and specifications. District's inspection personnel shall have the authority to require that any and all unacceptable materials, workmanship andlor installation be replaced, repaired or corrected by Sponsor's contractor at contractor's expense. 6. Field Engineering Surveys, Compaction and Materials Strenoth Tests and Disinfection Requirements EXHIBIT D Sponsor's engineer shall provide all field engineering surveys associated with the construction of the Subject Facilities andlor related work to be performed by Sponsor's contractor, as determined necessary by Sponsor's engineer, Sponsor's contractor, andlor District's inspection personnel, at Sponsor's direct expense. Sponsor shall promptly furnish to DisVict all field notes and grade sheets, together with location, offset, and attendant data and reports, resulting from field engineering surveys andlor proposed fadlity design changes, all of which have been prepared in accordance with accepted professional engineering practices, and allow District sufficient time to approve or make any required facility design changes resulting therefrom prior to construction. Sponsor shall be responsible for paying all soil compaction, concrete and steel strength tests and report costs associated with the Subject Facilities required by Sponsor's engineer, appropriate public agency officials andlor District inspection personnel Full-lime professional soils (compaction) testing and full trench certrfication are required. Sponsor shall contract with a soils testing firm approved by District. A final report shall be required fully certifying trench compaction prior to acceptance of facilities. Sponsor shall promptly furnish results of all such compaction and concrete and steel strength testing to District for its evaluation as to compliance with the specifications. District shall make every reasonable effort to complete the evaluation within 72 hours after its receipt. Relative to water facilities, Sponsor's contractor shall be responsible for performing all disinfection procedures required by District and the costs associated therewith. 7. Construction and Operate and Maintain Permits Sponsor shall be responsible for obtaining a Construction Permrt from the involved City or County agency for those portions, if any, of the Subject Facilities which are to be constructed within an existing City street and/or County road. At the same time such Construction Permit is obtained by Sponsor, the involved City or County agency will issue an Operate and Maintain Permit to District, which will become effective upon the completion of the involved Subject Facilities and District's acceptance thereof. 8. Easements Sponsor shall fumish to District, without cost, duly executed easement document(s) which assure District's unequivocal right to own, operate and maintain the Subject Facilities. 9. Grant Deeds a) For annexation purposes only, Sponsor shall furnish to District a copy of the grant deed(s) verifying ownership of the property; or b) Sponsor shall, for the dollar consideration, it any, set forth in Exhibit C attached to this Agreement, furnish to District a duly executed Grant Deed(s) conveying to District clear unencumbered fee title to the parcel(s) of land identified on the map attached to this Agreement as Exhibit I. 10. Cost Accounting Records Sponsor shall maintain separate accounting records under which all its engineering and construction expenses for each segmenUunit of the Subject Facilities will be individually shown and identified. At the time of the pre-construction conference, Sponsor shall provide District with preliminary accounting records showing the estimated cost of construction broken down by unit bid items. If requested by District, final cost accounting records shall be submitted to the District within 90 days after completion of the Subject Facilities upon which District shall determine the Final Total Cost for each segmenUunit of the Subject Facilities for capital value and other accounting record purposes and Sponsor's Final Financial Participation. 11. Conveyance of Ownership Concurrently with the execution of this Agreement. Sponsor shall execute the Bill of Sale attached to this Agreement as Exhibit J, conveying to District clear title to the Subject Facilities effective upon their completion and acceptance by District. In this regard, it is specifically understood and agreed that District is not obligated to accept title to or provide service through the Subject Facilities until final inspection (including television) and testing has been completed and Sponsor has fulfilled its obligations and responsibilities provided for in this Agreement. Upon conveyance of ownership to District, District shall own, operate, maintain and provide service there through in accord with District Policies and Rules EXHIBIT D Rules and Regulations. 12. Payments to District to Cover Distrct's Expenses Concurrently with the execution of this Agreement, Sponsor shall make payment to District covering District's estimated engineering, inspection, material and construction related expenses, Such payment shall be subject to additional billing(s) to Sponsor, payable within 15 calendar days: or refund(s) by District, upon completion of construction and determination of District's actual incurred costs. Such payment(s) covering District expenses shall constitute a portion of Sponsor's costs to be included in Sponsor's cost accounting records. 13. Environmental Information and Assistance Upon request by District, Sponsor shall, at its sole expense, assist District in the preparation of an Environmental Impact Assessment, or, if necessary, furnish to District a complete Environmental Impact Report relative to the facilities covered by this Agreement and the Subject Development. In this regard, nothing herein shall be construed or interpreted to require District to take or participate in any legal action for the purpose of securing approval for the facilities covered by this Agreement or the developments to be served thereby. All such legal action shall be solely financed and conducted by Sponsor. 14 Payment of Other Applicable District Charges Prior to receiving service through the Subject Facilities, Sponsor shall pay to District applicable financial participation charges, frontage charges, and other charges as determined by District, 15. Improvement District Annexation/Formation Legal Proceeding Requirements If the lands to be occupied by the Subject Development are not already located within a District improvement district, Sponsor shall furnish District a petition, duly executed by the legal owners of all the involved lands, requesting that the lands be either annexed to an existing District improvement district or, the formation of a new District improvement district, as determined by District. Annexation must be complete prior to transfer of title of any of the involved lands and District's release for occupancy. i6. CFD/Assessment District Requirements a) If the lands to be occupied by the Subject Development are in one of the District's assessment districts and there has been a subdivision of the subject property subsequent to said assessment district formation, Sponsor shall pay the assessment at the time of agreement execution or go through an apportionment of assessment district procedures administered by the District personnel. b) Upon completion of the construction of the involved assessment district financed facilities and the determination of the final combined and individual cash assessments, the District shall determine and establish the amount of the portion, if any, of the cash assessment for each parcel within the involved assessment district which is to be credited by DisMct toward partial payment of applicable District front footage and financial participation charges. 17. Street Addresses Concurrently with the execution of this Agreement, Sponsor shall furnish to District a list of approved street addresses for the development to be served by the Subject Facilities. 18. Water Pressures If pressures are expected to be in excess of 80 psi, Sponsor shall install, at his expense, a pressure regulator and/or relief valve. If pressures are expected to be less than 40 psi, Sponsor shall install, at his expense, a booster pump and low pressure switch, to be owned, operated and maintained by the subsequent lot owner. Service will not he provided if available system pressure is determined to be lower than 20 psi. Sponsor agrees to inform subsequent lot owners of high or low water pressure conditions and will hold District harmless from any damages resulting from such condition. A Pressure Agreement executed by the Sponsor/lot owner will be recorded with the County holding District harmless from any damages caused by low or high pressures. EXHIBIT D 19. Treatment Plant Location Notification In the event any portion of the Subject Development is located within one quarter (1/4) mile of a District treatment plant facility site, Sponsor shall execute a Notice of Condition, recorded with the County, acknowledging the existence and location of the treatment plant and the possibility of nuisance conditions under certain operational and climatic conditions. Such Notice will run with the real property and shall be binding upon subsequent property owners. 20. Sewer Backwater Valve Sewer backwater valves will be required (or those lots, if any, specified on the construction drawings. Sponsor will furnish and install, at Sponsor's cost, sewer backwater valves in accordance with the Uniform Plumbing Code, prior to project or lot release by District. 21. Special.. Terms Conditions and/or Re uirements Sponsor shall fulfill all the Special Terms, Conditions and Requirements set forth in Exhibit K attached to this Agreement. 22. Insurance Requirements Prior to the Pre-job construction meeting, Sponsor or Sponsor's contractor, shall provide District with certificates of insurance coverage in accordance with the requirements set forth in Exhibit L attached to this Agreement. 23. Public Works Reeuirements Resulting from District's Financial Particioation If the District participates financially in the construction of the Subject Facilities as, for example, for the purpose of oversizing the facilities to accommodate the District's own needs, then Sponsor shall undertake a public bidding process following the requirements of the California Public Contracts Code that would apply if the District were undertaking the project and shall award the construction contract to the lowest qualified bidder. Sponsor's specifications and bid and contract documents shall require the contractor and subcontractors to pay prevailing wages as defined in California Labor Code and to otherwise comply with applicable provisions of said Public Contracts and Labor Codes relating to public works projects. Sponsor's failure to comply with all applicable provisions of said Public Contracts and Labor Codes will result in the forfeiture of District's financial contribution. Sponsor may elect to construct the Subject Facilities outside the requirements of a public works project by signing, notarizing and returning the "Reimbursement Waiver Form" attached hereto as Exhibit M, concurrently with the execution of this Agreement. By executing this document, it is understood that Sponsor waives his right to receive any District oversizing financial participation in lieu of adhering to public works construction requirements and the District will be required to accept the oversized facilities as contributed capital. 24. Conversion of Landscape Irrioalion to Recycled Water Construction of on-site landscape irrigation systems has been conditioned in the Plan of Service to be designed for recycled water use when it becomes available. At such time, District will disconnect the landscape irrigation meter from the potable system and connect it to the recycled system under the direction of District's Recycled Water Operations Group. Conversions Involving Small Landscape Meters (3-inches or less). District will disconnect service from the potable system and connect to the recycled system at no charge to Sponsor when recycled water becomes available. District will not reimburse any of the Landscape Meter Financial Participation Charges paid by Sponsor for interim potable water service. Rates for water service will be the then in effect recycled water rates per Resolution No 3351. Conversions Involving Large Landscape Meters (4-inches or greater), At the time of conversion to recycled water, the current landowner will be required to reimburse Distnct for its costs to connect the landscape irrigation facilities to the recycled system. A pro-rated share of previously paid Landscape Meter Financial Participation Charges shown on Exhibit G-2 will be reimbursed to the current property owner. The amount of reimbursement will be determined EXHIBIT D determined based on a 30-year pro-rated payment schedule from the date the fees were originally paid to the date that new recycled water service is activated. All reimbursements will be paid to the current owner of land and will not be transferable to any other parcel of land or refunded to any other party. Rates for water service will be the then in effect recycled water rates per Resolution No. 3351. EXHIBIT D DOCUMENTS TO BE FURNISHED Due Not DOCUMENTS(S): Date Applicable Applicable A City/County/Road Permits (a) [ ~ U B Easements (a) ~ C Deeds (a) ~ D Final Cost Accounting Records {b) ® ~ E Bill of Sale (c) ® ~ F Petition for Improvement District AnnexationlFormation (c) ~ G Billing for District's Financial Participation (d) ~ H List of Street Addresses (c) ~ I Water Pressure Notice (a) ~ J Treatment Plant Location Notification (a) ~ K Preliminary Cost Accounting Records (a) ~ L Certificate(s) of Insurance (c) M Reimbursement Waiver Form (c) ~ N Customer Billing Information (c) ~ (a)Prior to Pre-construction Meeting. (b)Within 90 calendar days after District's acceptance of the Subject Facilities. (c)Upon Sponsor's execution and delivery of this Agreement to District. (d)Within 30 calendar days after District's acceptance of the Subject Facilities. EXHIBIT F PAID BY SPONSOR NOT PAYMENT FOR: AMOUNT APPLICABLE APPLICABLE A. Estimated District Engineering & Inspection Expenses $ _ _ 6,530.00 Q ^ B. Estimated District Material & Construction Expenses _ 0.00 _ _ ^ ^ C. Nan-Reimbursable Frontage Fees: (1) Water 0.00 ^ (2) Special Water 0.00 _ ^ (3) Sewer 0.00 ^ (4) Special Sewer 0.00__ ^ D. Financial Participation Charges: (1) Domestic Water System Facilities _ _ 0.00 ^ (2) Domestic Water System Facilities (Landscape) 0.00 _ _ ^ (3) Sewer System 8 Recycled Water Facilities _ __ 0.00 ^ (4) Sewer Treatment Plant Capacity Charges 0.00 _ ^ E. Water for Testing Purposes (Construction Water) 0.00 ^ F. Meters _ 0.00 _ ^ G. Source Control Fees 0.00 ^ H Per Addendum Processing Fee o.00 ^ 1. Water Supply Development Fee 0.00 _ ^ Total $ 6,530.00 less Previous Fees Paid on 8!9107 $ 2,000.00 _ Amount to be Remitted with Agreement $ 4,530.00 _ "FEES DEFERRED UNTIL SERVICE IS REQUESTED See Exhibit G-2 for estimated amount ALL CHARGES SHALL BE SUBJECT TO ADJUSTMENT TO REFLECT THE APPLICABLE PER UNIT CHARGE AT THE TIME SERVICE IS REQUESTED (SEE Paragraph 9.6 of Agreement) EXHIBIT G CREDITS TO SPONSOR TOWARD PAYMENT OF APPLICABLE DISTRICT CHARGES Nonreimbursable Charges Credited to Sponsor: 1 }Capacity Charges (Sponsor Required Capacity) Potentially Reimbursable Charges Credited to Sponsor 1) Water Frontage Charges 2) Additional Special Water Frontage Charges 3) Other Water Frontage Charges Previously Paid ey Others DESCRIPTION OF SEWER RELATED CREDITS Nonreimbursable Charges Credited to Sponsor: 1) Capacity Charges (Sponsor Required Capacity) Potentially Reimbursable Charges Credited to Sponsor: 1) Sewer Frontage Charges 2) Additional Special Sewer Frontage Charges 3) Other Sewer Frontage Charges Previously Paid By Others AMOUNT OF CREDI NOT APPLICABLE APPLICABLE -- $8,977.50 ® - - ~ ~ - - ~ Attachments: H-1 Frontage Charge Memorandum EXHIBIT H ;MO NO )R.D Nib SO/CO ID NO U-8 POTENTIALLY REIMBURSABLE FRONTAGE CHARGES (CREDITED) Eastern Municipal Water District (District) hereby acknowledges credit of the following amounts fcom the below named Sponsor(s): Percent of Amount of Paymenr '1'ota'_ Paymc 5ponsor(s) Name and Address 1. City of Temecula $ 8977.50 1009 2. $ 3. $ Covering the payment of: Potentially Reimbursable ^Water ®Sewer ®Frontage ^Special Frontage Charges a_lon~c _t he_ProPert~ of others, under the attached "FRONTAGE TERMS AND CONDITIONS" which are applicable to the following described parcel(s): I[em - No. Frontage Description/General Location L.'r'. J $Arnt/L. E'. i'otal Char~_re 194 L.F. east 205 L. F. west $0.00 Distribution: M&R (Date) (Initial) FRONTAGE ATTACHMENT H-1 FRONTAGE TERMS AND CONDITIONS i. WATER AND SEWER FRONTAGE CHARGES All nonreimbursable and potentially reimbursable water and sewer frontage charges are levied and collected by the District in accord with applicable provisions of District's rules and regulations (Resolution Nos. 229 and 1643), as amended. 2. FRONTAGE CHARGES SEPARATE FROM AND IN ADDITION TO OTHER CHARGES All water and sewer frontage charges are separate from and in addition to other applicable charges and costs, including, but not limited to, water service connection meter, sewer service lateral, financial participation charges, and the costs of other facilities required to provide service to the involved development. 3. REIMBURSEMENT TERMS AND CONDITIONS Potentially reimbursable water and sewer frontage charges are subject to the following terms and conditions: A. No interest will be credited to or paid on any potentially reimbursable balance; B. As and when the owner of land(s) for which potentially reimbursable frontage charges have been previously paid requests service from the related water or sewer facility, District will collect from said owner applicable non- reimbursable frontage charges pursuant to District rules and regulations; C. During the ten (10) year period which follows the date of the involved FRONTAGE CHARGE MEMORANDUM ("MEMORANDUM"), as and when the District collects nonreimbursable frontage charges from the owner of the land for which potentially reimbursable trontage charges have been previously paid, District will make reimbursement to the Sponsor(s) named in the related MEMORANDUM in an amount equivalent to the per front foot charge set forth in said MEMORANDUM times the frontage for which nonreimbursable frontage charges are collected by District; D. All such reimbursements of potentially reimbursable frontage charges will be paid by District to the involved Sponsor(s) named in the related MEMORANDUM, in the amount of each Sponsor's percentage of the then outstanding potentially reimbursable balance owing under said MEMORANDUM; E. All reimbursements will be limited to those which can be made by the District within the ten (10) year period which begins after District's acceptance of facilities; and F. The potential reimbursable balances due a Sponsor under a MEMORANDUM will be assignable to another party only as to the total reimbursable amount then owing. District will change its records to effect such an assignment responsive to its receipt and approval of a "Reimbursable Balance Assignment Notification and Record" form, which has been duly completed and executed by the involved Assignor and Assrgnee, after which District will execute the confirmation portion of the form and furnish a copy thereof to both the involved Assignor and Assignee. 4. FRONTAGE CHARGE PAYMENTS PERTINENT TO THE DESIGNATED PARCEL OF LAND All nonreimbursable and potentially reimbursable frontage charges will be pertinent to the parcel of land designated in the related MEMORANDUM and will not be transferable to any other parcel of land. FRONTAGE ATTACHMENT H-1 BILL OF SALE For a valuable consideration, receipt of which is hereby acknowledged CITY OF TEMECULA, Work Order 12176, Town Square Plaza Sewer Relocation (Seller), hereby bargains, conveys, and grants unto the Eastern Murncipal Water District (District), a public agency of the State of California, the following described personal property, such conveyance to become effective upon completion of the construction/installation by Seller's Contractor(s) and acceptance by the Districtof such personal property, which is more specifically described as' The Subject Facilities which are to be furnished and constructed by Sponsor's Contractor(s) as described and provided for in That certain Agreement, by and between Sponsor (Seller in this Bill of Sale) and District, dated , to which this Bill of Sale is attached as Exhibit J. Seller hereby warrants that the above-described personal property is free and clear of any and all encumbrances. In this regard Seller hereby agrees to protect and defend (District's) right to own, operate, maintain and provide services through all the personal property hereby transferred to District's ownership wherein the defense of the District's rght to own, operate, maintain and provide services as provided hereinabove results from any person or entity's alleged rights to any of the personal property described hereinabove or for any monetary damages resulting from the nonpayment by Seller of any person or entity having the right to file a lien against said personal property. Seller further agrees to indemnify the Distract for any and all losses which maybe occasioned or suffered by the District as a result of any claims by others as to clear title of the personal property covered hereby. Subscribed and sworn to before me SELLER this _ day of 200_. gy: (Signature) Notary Public in and for the State of California (Print Name and Title) EXHIBIT J SPECIAL TERMS AND CONDITIONS • Sewer and /or Water Financial participation charges are to be determined at the time of Application for Service. Application for Service will require an individual addenda to this agreement upon submittal of plot plans, city conditions, etc. by each respective site developer. ^ Water conservation is of utmost importance to the District. Best Management Practices (BMP's) water conservation programs are promoted throughout our service area. Sponsor agrees to support the overall management of water resources by promoting water conservation programs/incentives, water saving appliances, and California friendly landscaping within the new development project. Sponsor's project must meet all plumbing and landscaping code requirements established by the City or County within which the project resides. Large commercial landscaping will require a dedicated landscape irrigation meter, submittal of plans for approval, and an approved water budget. ^ All sewer relocation costs and manhole adjustments will not be reimbursed by the District. The City will incur any and all cost for sewer relocation, sewer manhole adjustments and all other related work. IMPLEMENTING FACILITIES Water 1. N/A Sewer 1. none EXHIBIT K Revision: 2126/07 DEVELOPER INSURANCE REQUIREMENTS Priorto the Pre-job construction meeting, Sponsor or Sponsor's contractor, shall provide District with certificates of insurance coverage in accordance with these requirements. Sponsor or Sponsor's contractor shall not commence work under this contract until he has obtained all policies of insurance required hereunder, nor shall he allow any subcontractor to commence work until all policies of insurance required of the subcontractor have been obtained. Sponsor or Sponsor's contractor shall, during the life of this contract, notify District in writing of any incident, either under his jurisdiction, or any of his subcontractors, giving rise to any potential Bodily Injury or Property Damage Gaim and any resultant settlements, whether in conjunction with this or any other project which may affect the limits of the required coverage, as soon as is reasonable and practical. Sponsor or Sponsor's contractor, and each of his subcontractors, shall take out and maintain the following policies of "occurrence form" type insurance, with coverages acceptable to the District, at his sole cost and expense at all times during the life of this contract, including the entire time of the Contractor's guarantee: a. Workers' Comaensation Insurance. The District requires that Contractor cover his employees as required by Section 3700 of the Labor Code of the State of California, and Contractor shall require all subcontractors similarly to provide such workers' compensation insurance for all subcontractors' employees. Such policy shall contain an endorsement that waives all right of subrogation against those persons or entities designated in the policy of Commercial Liability Insurance. b. Commerclal Liability Insurance. The Contractor shall procure and maintain Commercial Liability Insurance in amounts not less than the bllowing: $1,000,000 Each Occurrence $1,000,000 General Aggregate $1,000,000 Products-Completed Operations Aggregate Where excess liability insurance is used in connection with primary liability insurance the combination of such must allow total limits of liability to be in amounts not less than the above specified amounts. c. Automobile Liability Insurance. The Contractorshallyrocure and maintain Automobile Liability Insurance in amounts not less than the bllowing: $1,000,000 Combined Single Limit d. Contractor's Eauigment Floater. The Contractor shall maintain or cause to be maintained until the work of this contract is completed an equipment floater to cover all tools, equipment supplies and mateuals on the jobsite. EXHIBIT L ExcesslUmbrella: Where excess liability insurance is used in connection with primary liability insurance the combination of such must allow total limits of liability to be in amounts not less than the above specified amounts. Each such policy of insurance shall: 1. Be issued by insurance carriers that are: a. Licensed to transact insurance business in California; and b. Rated no less than A-, Class VII (7) by the A.M. Best Company. Any insurance carrier, which is strategically affiliated with a parent insurance company or insurance group, must disclose the name of the parent company or group in any certificate of insurance documentation provided to the District. Non-admitted/Surplus Lines insurance carriers (carriers not licensed in the State of California), may be acceptable to the District under certain conditions. Non-admitted insurance carriers providing any form of insurance coverage must be: a. Domiciled in the United States; and, b. Listed as an approved insurance carrier on the California Department of Insurance L.E.S.L.I. list; and, c. Rated no less than A-, Class VII (7) by the A.M. Best Company. d. Risk Retention Groups and Captive Insurance carries are not acceptable unless they can provide an AM Best rating that meets District's policy" The District reserves the right to disqualify any non-admitted insurer at any time without cause. 2. Additional Insured: Name and list the District as "Additional Insured" by utilizing endorsement form CG 20 10 11/85 pr CG 20 10 10/01 with CG 20 37 10/01 to include Completed-Operations beyond the completion date. Endorsements are required with certificate. 3. Not be canceled. reduced in coverage or limits until thirty (30) days after receipt by the District of a written notice of such cancellation or reduction of coverages or limits, as evidenced by receipt of a registered letter. 4. Show evidence of renewal of an expiring policy once the insurance has been approved by the District. Prior approval must be obtained if the coverage or limits of the policy or the carrier has changed. a. Post a Standby Letter of Credit for $lmillion, approved by the District, to be in place for 3 years beyond the completion of the project; or b. Post a CD for $1 million, approved by the District, to be in place for 3 years beyond the completion of the project. EXHIBIT L ITEM Na. S Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Reimbursement Agreements with Eastern Municipal Water District and Rancho California Water District Associated with the Old Town Infrastructure Project - Mercedes and Main Street Improvements; PW06-07(1C) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP David McBride, Senior Engineer RECOMMENDATION: That the City Council: Approve a Reimbursement Agreement in the amount of $11,700 with the Eastern Municipal Water District (EMWD) for adjustment of various sewer facilities associated with the Old Town Infrastructure Project No. PW06-07(1C) and authorize the City Manager to execute the Agreement on behalf of the City. 2. Approve a Reimbursement Agreement in the amount of $40,850 with the Rancho California Water District (RCWD) for adjustment of various water facilities associated with the Old Town Infrastructure Project No. PW06-07(1C) and authorize the City Manager to execute the Agreement on behalf of the City. BACKGROUND: The Infrastructure project, awarded by Council on March 18, 2008, involves changes in the elevation and width of exiting street segments and/or parkway within Old Town and therefor the existing sewer and water facilities will need to be adjusted to accommodate the proposed changes. EMWD and RCWD, as the respective owners/operators of the sewer and water facilities in the project area, are financially responsible to adjust their facilities to proposed changes to the streets or parkways because the City has prior rights. Sewer and water facilities that are changed (abandoned and/or new segments constructed) to establish service to the proposed Civic Center are the City's financial responsibility. Portions of the sewer and water work in the Old Town Infrastructure Project falls into this category and will be covered by separate Agreements with these two Agencies These Reimbursement Agreements will establish the EMWD and RCWD funding amounts the City will receive for work undertaken by our Contractor on behalf of these Agencies and establishes the terms for inspection, billing and various other construction and administrative tasks. The anticipated costs for EMWD and RCWD, based on our bid prices, are $11,700.00 and $40,850.00, respectively. FISCAL IMPACT: The recommended actions will provide for $11,700 and $40,850 in reimbursements to the Cityforwork undertaken on the behalf of EMWD and RCWD associated with the Qld Town Infrastructure Project PW06-07 (1 C). ATTACHMENTS 1. EMWD ReimbursementAgreement 2. RCWD Reimbursement Agreement REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA PROJECT NO. PW06-07(1C) OLD TOWN INFRASTRUCTURE PROJECT MERCEDES AND MAIN STREET IMPROVEMENTS AND EASTERN MUNICIPAL WATER DISTRICT THIS AGREEMENT is made and entered into as of April 22, 2008, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Eastern Municipal Water District, a public agency organized and existing pursuant to Division 20 of the Water Code of the State of California, hereinafter referred to as "EMWD". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to establish reimbursement to CITY by EMWD for the cost of adjusting to grade certain sewer improvements made necessary by the construction of the Mercedes and Main Street Improvements, Project No. PW06-07(1Cj, hereinafter referred to as "PROJECT". Section II. EMWD shall reimburse CITY for one hundred percent (100°10) of the costs (hereinafter referred to as "REIMBURSEMENT"},for adjusting to grade certain sewer improvements within the PROJECT area that are affected bythe PROJECT. The costs forthe REIMBURSEMENT to CITY by EMWD shall include the following items as shown within the attached Bid Result Spreadsheet: A. Item Quanti Unit Cost Extended Amt 36. Adjust Existing Manhole to Grade 2 $ 600.00 $ 1,200.00 37. Reconfigure Existing Sewer Manhole 3 $3,500.00 $10,500.00 Section III. Costs are based on construction bids received for the PROJECT under "Bid Item 36 Adjust Existing Manhole To Grade and Bid Item 37 Reconfigure Existing Sewer Manhole" shown within the attached Base Bid Result spreadsheet. CITY has evaluated and analyzed all bids received and selected the lowest responsible bidder for the PROJECT as L H Engineering Company, Inc. (hereinafter referred to as "CONTRACTOR"). EMWD has reviewed the bids and approved CITY's selection of CITY's CONTRACTOR prior to the commencement of the work on the PROJECT. EMWD shall maintain as a contingency an amount equal to ten percent (10°~) of the total estimated costs of adjusting sewer manholes to account for unforeseen changes to the work. The CITY shall obtain approval from EMWD prior to the approval of any change orders associated with adjusting these utilities to grade, and authorizing the CONTRACTOR to proceed unless failure to act immediately may affect public safety. The cost of any delay in the work due to the delayed action of EMWD in approving change orders associated with adjusting utilities to grade shall be borne by EMWD. EMWD shall respond to sewer facility change orders within fifteen (15) business days. CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified and billed to EMWD for payment on the following basis: A. The CITY shall invoice EMWD upon completion of work for all EMWD facilities completed and invoiced by the CONTRACTOR. EMWD shall remit payment to the City C:~Program Files (x86 }1Neevia.Com~Docurnent Conver[erltemp1876629.doc within thirty {30) days of receipt of invoice. Section IV. It is acknowledged that EMWD has reviewed and approved all CITY plans and specifications for adjusting existing manholes to grade and has approved the bid amount as reasonable. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY agrees to designate Mr. David McBride, Senior Engineer, Capital Improvement Projects, as the contact for CITY in regards to this agreement. EMWD agrees to designate Mr. Severino Mendoza, Civil Engineer, as a point of contact for EMWD to facilitate the reimbursements identified herein. Section V. INSPECTION EMWD shall provide and pay far inspection of all sewer facilities related to the PROJECT, specifically Bid Item 36 -Adjust Existing Manhole To Grade and Bid Item 37 -Reconfigure Existing Sewer Manhole. Section VI. CITY TO PROVIDE INSURANCE For the period during which City or its contractor(s) controls the job site, City will provide, or cause to be provided, for the entire period of construction of any of the Project, a policy of workers' compensation insurance and comprehensive general liability insurance with coverage broad enough to include the contractual obligation it may have under the construction contract and having a combined single limit of liability in the amount of $2,000,000 covering EMWD's officers, employees and agents as additional insureds. Section VII. RECIPROCAL INDEMNIFICATION City shall assume the defense of, indemnify and hold harmless EMWD and its respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, {i) action of City pursuant to this Agreement and (ii) the construction of the Project. No provision of this Agreement shall in any way limit the extent of the responsibility of City for payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. EMWD shall assume the defense of, indemnify and hold harmless City and its respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, (i) action of EMWD pursuant to this Agreement; and (ii} work directly related to Bid Item 36 -Adjust Existing Manhole To Grade and Bid Item 37 -Reconfigure Sewer Manhole for which EMWD is responsible for performing inspections under Section V of this Agreement and excluding those (such as worker safety issues) forwhich EMWD is not responsible under Section V of this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of EMWD for payment of damages resulting from its own operations or the operations of its contractors, agents or employees. Section VIII. NOTICES All notices under this Agreement shall be sent as follows: EMWD: Eastern Municipal Water District P.O. Box 8300 Perris, CA 92572 Attn: Severino Mendoza, Civil Engineer CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn: David McBride, Senior Engineer Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. C:~Program Files (x86 }1Neevia.Com~Docurnent Conver[erltemp1876629.doc This Agreement is dated as of the date set forth above. EASTERN MUNICIPAL WATER DISTRICT By: Anthony J. Pack, General Manager By: Rosemarie V. Howell, Board Secretary CITY OF TEMECULA By: Shawn D. Nelson, City Manager By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk C:~Program Files (x86 }1Neevia.Com~Docurnent Conver[erltemp1876629.doc PROJECT NO. PYlOG07 OLD TOl'IN INFRASTRUCTURE PROJECT T0~'lN SQUARE AND h1ERCEDES AND MAIN STREET IMPROVEMENTS BID RESULTS - February 26. 2006 CITY OF TE~dECULA DEPARTf,1ENT OF PUBLIC'IIORKS LH Engineering Compsny. Inc. Lem N~. Item C~scret~an Unit Est. :1u9n'.. U'd Pnx Tat~l Amxmt 1 +.'-x~cstbn:Lymobicst,an LS 55 J. 3 30.03 3 Sy, 3 ~ 1. 10 ~ ISt En ~^~•~ ~Gansta~cr.an Su~~.u •~m LS b25.330.03 3 25.331.1:1 3 Tr SfGC CAntrd L7 b~-5. ~ 30.03 3 55.3: ]. )0 5 NPGES GJmpt~gr.>? LS b2:1.330.03 3 23.331. J0 5 Gus a 3r~c LS 553.310.03 3 ea331.10 9iFl U~c~ssd~~E~a9:enon GY 933 3-o.oa 3 •a~a~~.x? ~oCh 9~I GY~ireN ;A G; D5'.un•a nr T}: 253_ 395.D3 3 2'2.5:;] ):] 9 Crushed.4 a ste 6sse tGARI TiJ S 93 3J3.03 3 159.53 ). ao 3 Pea~ren•.•e Ps:emert L5 5123,330.03 3 123,33a1o 13 fSl 8~115,r.7-Lghted EA 1' 3J.330.03 3 58.933.30 11 fSl Bdtcry-Fae~y EA 8 $`,330.03 3 132,333.30 12 tSl BylSry-Pama'rt>t!+ E4 1 x,830.03 3 53.331.1,) 1 2 PGC Grosswslk-+lehr~l9r Grade SF 1 ?3 810.03 3 1?,351.10 Is Got~IJ~~i.AGPs,'ement SF t5 .32 51.03 3 18,323.30 15 -em~::r5~:,4G ~l?W41k $F 223 53.03 $ 8.83).10 15 4GC>~r:3t3^JS721-1 LF 3t ;12.03 3 4J?5.10 1? til• ?> Jd~l 9 X.'yY1'd~ hPD~y 3:;n `,+o~;*:;:at~~n SF ?3 Sa.53 3 s ~~ 1.:~:-~ 19 so,Jer~h91 r.~ws.'i Cpo~~ +;-o7~frsAan SF 59' 310.03 3 x.933.30 1 a G3mmaro~l C'rn•ews: Appr~S;,h EA 3:t,530.03 i 4..531.1:] P,7 ipd Club rind G'~~tler IC~~y town S-and4r~i LF 323: 325.03 3 83.331. i:1 ~ 1 Curb, T^~ -p-g' LF 39' 313.03 3 s?t 1. JO Curb d utt?r, Ti Da ',A-5' LF 350.03 3 2931.1:] ~3 PGG Grass Sutter EA $9,530.03 3 25,531. JO ~s Lgrxkc _ Prytaa~an'F_ ~~+ L5 513.330.03 3 13,333.30 5 Rebcate Sign E4 1 395.03 3 1.391.10 ~5 Reb-ate Ecistin~'1Y9Y+r Meter E4 3:3.530.03 3 331.1:1 R?4p,^,et° 1.+s~bOC[ EA g.2y0.0~ i 933.30 ~9 Reb~lte S?r.ast L t fCKdT7wn Stand~~yt EA 3'.5.330.03 3 x.331. J0 ~3 Reb~teArVtiC EA x,930.03 3 5.931.1:1 33 F?tac92e Pre k~,yrsnd E4 35.530.03 3 3.333.10 31 ' y x32 E; str. Fre H'drSnt to .^~rdde E4 $?50.03 3 3.333.30 djustE~;trr.gAr':sc6fAet_orta^asye EA 3'.550.03 ; 1,333.10 30 4 yj, ;t E~[~nn 3 1'i star ~: sr: e 6 1r5et r to C~'3:te E4 3',550.03 3 1 .3 ,1 ?. JO 35 tiyl.,st .,?~3 ~,by :~p~lx he-Ck to =='~~ ~ Ea X1.530.03 3 t531. Jo 3.5 ;yjustExostr'.~Y46'eGa.~rto~rsye E4 2• 3sso.o3 3 12.t51.1o 39 djust Ex~stn,~ ~w.,r 1l~nhaig to Gr4Je EA $530.03 ; 1.233.30 3? Reoo of re Er.G1r Sew?r M9r'h y? E4 33.530.03 3 13.5: 1. 1^ ..: _ ~~F . .. _ ='F'F.O._C-~P;+36FYf35-3--1 G .'_ _ Sig l-_ = ne~:ir.'_i: -_:~ L• _. ~ _ _. 5 d5_- z e PROJECT NO. PY10607 CITY OFTEMECULA OLD TOY1N INFRASTRUCTURE PROJECT DEPARTMENT OF PUBLIC Y/ORKS TOY1N SQUARE AND h1ERCEDES AND MAIN BID RESULTS- February 28. 2008 LH Engineering Compxry, Inc. It?m Na. r?I„ Pes~iCi~on Un Est. Jusnt. Ix 1 Pny- r >t sl Ama'nt 9 t a' RGP iC•2o33; LF ?a $225.03 ; 1~,?as.3o 33 ~4' RGP IG-20331 LF 93: 1295.03 i 219.955.30 13 e' F:GP IC-20331 LF t?: X910.03 ; st 337.70 at P?'nf>rc~l G>n/?t? Go>8r E4 1.510.03 i 9.337.30 12 Trans2'>n St arctu~ EA 51 210.03 i 9.837.30 1) 1l'nann :iCU;;d'ra EA $1 210.03 ; 9.837.70 .ta Gana?t? B~.Ikr?ei E4 810.03 1.237.70 SS Gat~+ BaS~n!^91 EA 1 53 310.03 i 12.337.30 a8 GsC~~ Bas~nlGT9t EA $4.310.03 ; 9,337.30 a? iS Gsr.~+ Basin FaL r E4 2 10.03 1?,137.30 19 St.rm C:'rq~n 41nr.>p EA 59510.03 i ?8.5"7.30 13 12'Vi52?rL•~IP':GG-330; LF 99' $245.03 ; X01.297.70 53 ~' S?";' r Lel?•& -1'i s'?' LF 5. $1'20.03 ; 9 837.30 51 t-•~.r2'g;.r:.;,>L~~r-'rVsla• LF 510.03 i 5397.30 52 12' Fas~~>nt S?~t?...^_.st? Y3h%> EA 54 370.03 i +.9 337.70 59 t'.Ar~:sca.4rF.?'?3sa.4s~mW~ E4 53510.03 i ?.337.30 4 SuD>'F•?Hi~rsrtAss?^.,C.,; EA 54530.03 ; 13,533.30 55 9' S?wur4,13m i':GP; LF 13 $240.03 i ~os.337.30 59 1'S?'nurLsr?ry LF I? 5120.03 i 23.527.30 5? 19' S?ww Nsnhce EA 5?.310.03 i 15 3^7.10 59 1'S?w?rGysnouC EA $510.03 3 1,537.30 53 A c sn »rrPa n,v.'? 'v'i st? r 1/ are Imo'a'.un•~nC; LS 523 310.03 i 23.333.30 93 4csno>r:Pan,au gyp. 1l tun Impra'.an•~nr.s LS 5,27.370.03 3 23,337.30 91 tSl Lmrt Lne'Grossw3r-Tr~rn,>pisst,. LF 23 51.03 i 931.70 92 ISI Cant?Aira. Goud? Y? ~7N t(`At3i22: LF 1 42. $x.03 ; 1.925.70 9:7 ISI b1e'J'sn lsisr+J IC?13N 2?I LF 13: 5,,13 ; 147.30 BatSl Ps.•ementblaa:n ;-Tn?.m> Isst'~ E4 t' $190.03 i 1,933.70 85 Intel' s~3n Eti 1' $220.03 i 2 843.30 887$1 S,r:?ti•bllrk,nvnrs LS 5•~ 570.03 ; 1.533.30 8? UGD~aBsnk-Pf+3~1 .2?s-3'P':G G~nd.~f; LF 9? 320.03 ; ?5,133.30 89 U•^_- C'::1 B3nY, - P'?9~7 2 12?3 -3• PY[• G,nd,~rl I,t nr'~•i~rk LS 51? 250.03 i 1?.253.70 93 U.^_-D. :1Bsr}-Pas~+.312?s-1'F':G G,n.i.~,t; LF - ;90.03 ; 3 937. )0 12' F`: _• G?>: °:.:. LF 1 3 155.13 ; _ ° ~. -~. 7a ?t -an•^ t..a•? h.g•r;?^'?~t5 L 51 :15 i C70.0:: 7.5;: ':) r.7 Total Bid Price aria 135.79 ..: _ .. ° _ R-.: = F6,~-?C"S'pAC6~F'l735-3'-1 ~ .-:...b I^= nendn s ?io =.-:_ I, _. ~:.:-ElS.- x s OLD TOWN INFRASTRUCTURE PROJECT MERCEDES AND MAIN STREET IMPROVEMENTS PLANS PROJECT NO. PW06-07(1 C) REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA AND RANCHO CALIFORNIA WATER DISTRICT (PROJECT NO. D1428j THIS AGREEMENT is made and entered into as of April 22, 2008 between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Rancho California Water District, a public agency organized and existing pursuant to Division 20 of the California Water Code, hereinafter referred to as "RCWD". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to establish reimbursement to CITY by RCWD for the cost of the relocation and installation of certain water improvements made necessary by the construction of Mercedes and Main Street Improvements, Project No. PW06-07(1 C), hereinafter referred to as "PROJECT". Section II. RCWD shall reimburse CITY for one hundred percent (100%) of the costs {hereinafter referred to as "REIMBURSEMENT"),for the relocation and installation of certain water improvements within the PROJECT area that are affected by the PROJECT. The costs for the REIMBURSEMENT to CITY by RCWD shall include the following items as shown within the attached Bid Result Spreadsheet: A. Water Item Extended Bid Amounts Bid Item #26 Relocate Existing Water Meter {2) $ 7,000.00 Bid Item #29 Relocate Air Vac (2) $ 5,600.00 Bid Item #30 Relocate Fire Hydrant (2) $ 9,000.00 Bid Item #31 Adjust Existing Fire Hydrant to Grade (4) $ 3,000.00 Bid Item #32 Adjust Existing Air Vac & Meter to Grade (2) $ 1,300.00 Bid Item #33 Adjust Existing Water Valve & Meter to Grade {2) $ 1,300.00 Bid Item #34 Adjust Existing Double Detector Check to Grade (1) $ 1,500.00 Bid Item #35 Adjust Existing Valve Cover to Grade {27} $ 12,150.00 Total $40,850.00 Section III. Costs are based on construction bids received for the PROJECT shown within the attached Bid Result Spreadsheet as Bid Items #26 (Relocate Existing Water Meterj, #29 (Relocate Air Vac), #30 (Relocate Fire Hydrantj, #31 (Adjust Existing Fire Hydrant to Grade), #32 (Adjust Existing Air Vac & Meter to Grade), #33 [Adjust Existing Water Valve & Meter to Grade), #34 (Adjust Existing Double Detector Check to Grade), #35 (Adjust Existing Valve Cover to Grade). CITY has evaluated and analyzed all bids received and selected the lowest responsible bidderforthe PROJECT as L H Engineering Company, Inc. (hereinafter referred to as "CONTRACTOR"). RCWD has reviewed the bids and approved CITY's selection of CITY's CONTRACTOR prior to the commencement of the work on the PROJECT. RCWD shall maintain as a contingency an amount equal to ten percent (10°~) of the total estimated CaProgram Files (x80)\Neevia.ComtiDocument Converterltemp1876030.doc costs of constructing the water facilities to account for unforeseen changes to the work. The CITY shall obtain approval from RCWD prior to the approval of any change orders associated with the relocation and installation of these facilities, and authorizing the contractorto proceed unless failure to act immediately may affect public safety. The cost of any delay in the work due to the delayed action of RCWD in approving change orders associated with the waterfacilityconstruction shall be borne by RCWD. RCWD shall respond to water facility change orders within three business days. CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified and billed to RCWD for payment on the following basis: A. The CITY shall invoice RCWD on a monthly basis for all RCWD facilities completed by the CONTRACTOR. RCWD shall remit payment to the City within twenty-five days of receipt of invoice. Section IV. It is acknowledged that RCWD has reviewed and approved all CITY plans and specifications for the relocation and installation of the water facility improvements and has approved the bid amount as reasonable. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY agrees to designate David McBride, Senior Engineer, as the contact for CITY in regards to this agreement. RCWD agrees to designate Mr. Andrew L. Webster, Planning and Capital Projects Manager, as a point of contact for RCWD to facilitate the reimbursements identified herein. Section V. INSPECTION RCWD shall provide and pay for inspection of all new and relocated facilities specifically, Bid Items #26 (Relocate Existing Water Meter), #29 (Relocate Air Vac), #30 (Relocate Fire Hydrant}, #31 [Adjust Existing Fire Hydrant to Grade), #32 (Adjust Existing Air Vac & Meter to Grade}, #33 (Adjust Existing Water Valve & Meter to Grade), #34 (Adjust Existing Double Detector Check to Grade), #35 (Adjust Existing Valve Cover to Grade). Section VI. NOTICES All notices under this Agreement shall be sent as follows: RCWD: Rancho California Water District 42135 Winchester Road Temecula, CA 92590 Attn: Andrew L. Webster, P.E., District Engineer CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn: David McBride, Senior Engineer Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. CaProgram Files (x86)\Neevia.ComtiDocument Converterltemp1876630.doc This Agreement is dated as of the date set forth above. District: RANCHO CALIFORNIA WATER DISTRICT By: Andrew L. Webster, P.E., District Engineer By: city: CITY OF TEMECULA By: Shawn D. Nelson, City Manager By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk CaProgram Files (x86)\Neevia.ComtiDocument Converterltemp1876630.doc PROJECT NO. PY101i07 OLD TOl'!N INFRASTRUCTURE PROJECT TOY1N SQUARE AND h1ERCEDES AND MAIN STREET IMPROVEMENTS BID RESULTS - February 26. 2006 CITY OF TEh1ECULA DEPARTh1ENT OF PUBLIG'~IORKS LH Engineering Company, Inc. L?n• N.. L?rr C'?z. ,... Ur I Est. Ju3n:. IJ 4 P^r" T lt3 4m~.r.t t "; . ,. ~.. _S.L]r: ym?b Z3f:~n .i b5J,330A3 ; 53,33 J. 50 ~lSI E^ 'Gx~S::•a.~oS..^a.+'•,n L:i 525.330.03 ; ?5,333.30 3 T•,qj(~ :; Cantrot L$ 545. ~ 30.03 ; 45. ~ ~ ~. 30 4 `JFGES G~n?pliane? LS 523.3ao.a 2a33a.~o 5 l:u3,a :~~c LS 593.330.03 ; 633~a.~o .F: Un sf?dE,;cs:ebon GY' 933 ;2a.o3 ; ~s333a.Jo aoCh 31 C~~r•1'?N 14 G1 A3l'?n'r?nt T'r 2:53' ;95.03 ; 212.53'1. 30 3 Grus n?CI.4 ?~ 9t? 831? IG4B; TN 4.93 ;J3.03 ; '53.437. JO 3 C~-;Arel~.'? Ps:?m?rt LS St23.330.03 3 '23.333.30 13tS1 BNa~d-Li3hp7 E~ 1 33.330.03 ; 48.833.30 11 isl Bdlaro-Fined EA a 32,3ao.o3 3 [32333.30 t2 iS; Bdlard-PAma'atJw E~ t x,530.03 ; 43,333.30 12 FGCGros~valk-l'?fii~arGr9d? SF 1?3 ;[0.03 ; t?35J.J0 t4 Gata-/,n.4GPs.'?m?nt SF ti_3a_ ytoa 3 t5.32~.~0 15 --~'3:'rs.^'AG3'-7~'aik SF 223 53.03 3 8,833.30 Ig 4GC'+..~t5t3n73r)2141 LF 34 ;tp.03 ; 4,1?9.30 56.53 ; 4..55 ~. 30 19 r3J?r13' .'?Wad. p(XOa^ ":~~~==::^ SF 43: ;10.03 3 a,933.30 1 3 C•J rn rt',a r ; 3 C rti'?W'sr' App-reach EA $4.5 30.03 ; 4.5 3 3.30 R~ipd ClnC and G~~n?~ I~ni Town Standardi LF 323 ;25.03 ; 83.333.0 ~1 G.'b -':~?'C'-9' LF 39 3[3.03 7 4.343.30 ,.; a :~L?, -vn:,'~-8' LF ;40.03 ; 2.833.'10 >> FC.:.;..;;;;.;,r.?. E4 39S3a.o3 i 2551.30 ?4 l9^J~_aa.F•~u;ar: F.?oar LS 513,33ao3 ; 33.10 ~5 Paiacet? S;.~n E4 1 395.03 ; 1.383.30 ~g Pab~~t? Exiatirr~lV9~r M?I?r E4 30.530.03 3 ?.333.30 '? F?tD~C? Mtubox E4 ;,:JOA3 ; 933.30 >9 Pahc9t? Stre9t L~ t IOtdT7Wn Standard) EA 35,330.03 3 25.333.30 a3 Pa'~1:er?As ': a. EA x.330.03 i 5.833.30 73 Pa'~ac9t? Fir? (-hj7ranl E4 y4.5~o.03 i 3.33~.~0 31 4 T.'st Ex~srv. Fr? H' irant to ~ rad? E4 $?50.03 ; 3, 33 3.30 32 "ij~9tEx~5ty'~~.4~r~'l9CdhtaL,r'~^_a 9J? EA 3850.03 3 1.33:1.30 39 4~j. 6acn3 1'i3t?r V3r:? 6 1,1?t?r to ~'9-~-' E4 3950.03 i 1.33 J. :J0 34 ti31.s: .sung •x~ ~~.Ix •n?cKt~ C~'9;L' E~ 3' S3o.o3 ; t533.30 35 4ij"~stExe;tr~g'!a4?CaryrloGra7? E4 2~ 3450.03 3 [?,153.30 38 4i1"'st E.:>tA'~~ S?4M?r 119nhd? to .rc.J? EA 3830.03 3 1233.30 3? Pa-;gnfi ,raEx"sin 3?vwr119rr~? E~ 33.530.03 ; [3,533.30 ..__ .r": ..:=F'E'.,'_~-~F';+C5F7735~3-•1G.-:=ShM.=nen:ies'_i: ;_:~Is=.~:::-5dS.-ze ConverteAtemp1876630. doc PROJECT NO. PYlO6-07 CITY OF TEMECULA OLD TO~'!N INFRASTRUCTURE PROJECT DEPARTMENT OF PUBLIC YlORKS TOYlN SQUARE AND MERCEDES AND MAIN STREET IMPROVEMENTS BID RESULTS- February 28, 2008 LH Engineering Comprry, Inc. It?m Wc, It?m ~?r~,grpn Unl Est. Ousnt. Lx l Pny 7oISI .4mxmt 39 19' RCP IC~-2099! LF ?a $225.03 i t6g,'25.70 33 ~a' F.GP IC-20991 LF 99: 5295.09 i 2tJ,95S.90 19 e' F.GP IC-20991 LF 1? $770.09 3 51.999.70 11 R?~nfi~r.~l GinCrgr? [:o>sr EA $570.03 ; 3.999.70 12 Trsnsrt~•x Sta.ctu+n EA 5~ 270.07 3 9.999.70 1] lunagn S[rucd,re E4 5~ 270.09 3 9.599.70 Sa Gamx?t? &~ikrs3i E4 670.03 1.277.70 15 GflE~Btsini^9i E4 1 $7770.07 i 12,777.70 Sg Gst-~r Bs;~nlGT31 E4 $6.990.09 i 9.777.70 1? iS Gstd+ Bssm Flk~r E4 2 70.09 17.199.90 19 St;rm Dr4n ysrr•;p E4 59570.09 i ?9599.70 13 12'ViSt?~LreIP':GG-390; LF 39' $295.09 i '01.2)7.10 59 >' S?":"r- Lel?•5. -'~'i91?• LF 5. $120.09 3 R 997.10 51 1-'r2' S?':'Y Lspr3 -~1'i9L>r LF 51'~OA9 i 5 9;7.10 52 12' F.?s~k+nt S?st?i •.^_.sr?':sk'? E4 59.970.09 i ;9.999.70 59 1'.4r':s~8.4vFt-?~,s?As~?mb7' E4 53570.09 i ',999.70 Sa S.iw'F-•?H~d•srlAss?^-~C': E4 5SS70A9 3 X35^9.70 55 9'S?n~r5lsm;~;GP: LF 19- $290.09 i '~Oa.999.70 59 1'S?v~~?rL9t?rsi LF I? 5120A9 i 29529.70 5? 19' S?w?r Nsnh~p E4 53 970.09 i 15 999.70 59 1'S?w?rGi?snout E4 $570.09 3 1.599.70 53 4 c sn »r: Pe ma.`? 'JJ st? r N an ImOr~•a?n•?n , L3 527 970.09 3 29, 999.70 99 4CenO lr; Pn~mpu S34V?r I/s~n 1~,~•,un•?nr; La 527 970.09 i 2^ ^99.90 5t ISI Lm~*. Lna'Gr~ssws~+-7r~rmao~sste LF 29 51.09 i 99a,90 92 ISI C?nt?dira. COv'~Y? Ya .~' IC913''~ 22: LF 1 92 5'.09 i 1 925.90 53 ;SI b4?J,sn IslsnJ IC?~sd 231 LF 19 5.19 3 Ia9.70 9a IS1 Ps.'?m?nI Msrk~n ; - Th?rn+~piesU~ E4 1 $190.09 3 1 999.70 g5 In;tsi'~.8~3n EA 1 $220,09 3 2,849.90 99 iSl Sr:?{ I,l~rk,nunr; LS 5' 570.09 3 1.599.90 9? UG D:,~t B snk - Pp s~ 1 12 ? s -.3' P': G G~nd,~r.l LF 3 ". ;20.09 3 ?5 199.70 99 U.^_• Dv:r Bsnk - P~9~ 2 12?e -3' F~: G G.nd,~c; t1 hr'~•iork L3 b1? 250.09 i ??.259.90 93 U••^_•D~;IBsnk-Pas~312?s-S'P':G G~nd,-: LF = ;90.:79 i '9e27.i9 12' P:: I i i3 LF 19 355.09 - -': 7 1:3 ? 1 'vn•^ S ~.. s•? 1^ C "r: ?^-?' G L3 51 05 i , i0.0"~ i i5 i. i0 Total Bid Price - s as9 135. ri FLi_a Z OF 5 ft: ; ='PR~. ECSP:rCfi~F'l195-9--1 ~ OTCC Sh I-c'=nudes ?i: =.ee~b =tC:9:'6db_- xs ConverteAtemp1876630. doc ITEM Na. 9 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Amendment to Agreement with EDAW for Biological Observation and Monitoring, Long Canyon Detention Basin, Project No. PW01-05 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP RECOMMENDATION: That the City Council Approve the first amendment to the Agreement with EDAW, Inc for Biological Observation and Monitoring for the Long Canyon Detention Basin, Project No. PW01-05, in the amount of $8,684.00 and authorize the Mayor to execute the amendment. 2. Approve a transfer of $8,684.00 from the Long Canyon Detention Basin Access Road project to the Environmental Habitat Long Term Maintenance project account; BACKGROUND: On July 24, 1999 the City entered into a 5-year agreementwith EDAW to complete the necessary habitat mitigation monitoring associated with an obligation the City accepted per an October 1999 agreement with Woodside Homes which included the 5-year maintenance and monitoring requirements of the Long Canyon Detention Basin environmental mitigation area. The mitigation area was set up to satisfy the conditions of the Army Corp of Engineers permit issued for the Campos Verdes Development. The habitat creation site was doing very well through September of 2004. However the heavy storm events between October 2004 and March 2005 (the third highest on record in southern California) inundated the site with silt, covering the vegetation on 2-acres or 2/3 of the site. EDAW, completed additional assessments and made subsequent recommendations in an effort to provide a much better chance at meeting the 5-year success criteria and have the site accepted by the resource agencies. EDAW made every effort to complete the added work within the original project budget, however because the Resource Agencies have been reluctant to accept the habitat area with additional reporting and monitoring EDAW is unable to complete the project within the original budget. With EDAW's assistance, the City will soon be in a position to have the site conditionally signed off by the Resource Agencies, therefore staff supports amending EDAW's original agreement pursuant to the attached amendment. FISCAL IMPACT: Funds to coverthe additional work included in the subject amendment will be available once the recommended transfer of funds is performed. Adequate funds are available in the Long Canyon Detention Basin Access Road project, Account No 210-165-746-5802, for the $8684.00 transfer. ATTACHMENTS: EDAW Agreement Amendment 1 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND EDAW, Inc. LONG CANYON DETENTION BASIN BIOLOGICAL OBSERVATION AND MONITORING PROJECT NO. PW01-05 THIS FIRST AMENDMENT is made and entered into as of April 22, 2008 by and between the City of Temecula, a municipal corporation ("City") and EDAW, 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 July 24, 2001 the City and Consultant entered into that certain agreement entitled "City of Temecula Professional Services Agreement for Biological Observation and Monitoring, Long Canyon Detention Basin, Project No. PW01-05" ("Agreement") in the amount of $58,538.00. B. The parties now desire to extend the term of the agreement and increase the payment for services in the amount of $8,684.00 and amend the Agreement as set forth in this Amendment. 2. Section 1. Term of the Agreement is hereby amended to read as follows: This Agreement shall commence on July 24, 2001, and shall remain and continue in effect until 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: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A for services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Eight thousand six hundred eighty four dollars and no cents {$8,684.00} for additional Biological Observations, monitoring and reporting, for a total agreement amount, of {$67,222.00}. 4. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:/AgreementlMasters.Amendment.2007 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Michael Naggar, Mayor ATTEST: BY: Susan W. Jones, MMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT: EDAW, INC. 1420 Kettner Boulevard, Suite 620 San Diego, CA 92101 (619) 233-1454 (619) 233-0952 -fax BY: NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) R:,`purchasing/agreements.all/win harveston.amend l.fieldman 2002 2 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. R:,`purchasing/agreements.all/win haaveston.amend l.fieldman 2002 LONG CANYON DETENTION BASIN WETLAND MITIGATION CITY OF TEMECULA PROJECT NO. PW01-05 AMENDMENT SCOPE AND COST EDAW, Inc. March 26, 2008 EDAW, Inc. (EDAW} submits this amendment scope and cost for out of scope work far the Long Canyon Detention Basin Wetland Mitigation Project. Installation of the 3.12-acre wetland mitigation area was completed in February 2002, and the 5-year post-installation maintenance and monitoring occurred between 2002 and 2007. Heavy storm events between October 2004 and March 2005 (third highest on record in southern California) in Year 3 of the program resulted in extensive sediment transport and deposition in the mitigation area -which covered vegetation within approximately 2 acres (64%) of the site. Subsequent work to address and remediate this condition was performed by EDAW in coordination with the City and Habitat West, Inc. (maintenance contractor} in an effort to restore sufficient native plant cover by 2007, so that the mitigation program could substantially meet final Year 5 success standards on schedule. The out of scope tasks and associated cost are reviewed below. OUT OF SCOPE TASKS EDAW performed additional site visits between November 2004 and August 2005 (during portions of Year 3 and 4) to assess impacts from sediment deposition to vegetation and the project's above-ground irrigation system; and to develop cost-effective remedial measures in coordination with the City to restore native plant cover. Reestablished botanical monitoring transect locations with t-posts and rebar (440 meters) in 2005 (Year 4), which were lost due to sediment deposition. In response to a request from the City, EDAW prepared a remedial plan letter report dated September 30, 2005 that includes information on site conditions and recommended measures (i.e., site preparation, seed mix, container plant palette, cuttings, installation timing and methods, repair of specific irrigation valves, and supplemental maintenance) in an effort to meet final success standards on schedule. After the City approved the remedial approach, EDAW coordinated with Habitat West, Inc. (maintenance contractor retained by the City) regarding the details of the remedial approach, including securing specified seed and plant material. EDAW performed additional site visits between November 2005 and March 2006 to coordinate with Habitat West, Inc. in the field regarding irrigation system repair and operation, hand application of seed, and layout of container plants and cuttings (which occurred at different times based on plant availability). EDAW provided the City updates on the status of implementation of the measures. Long Canyon Detention Basin Wetland Mitigation Amendment Scope and Cost Page 1 0108014702 Long CanyonL~fentmnBasinAmendmenfdoc Due to storm effects, EDAW provided information to the City regarding changes in hydrology in the mitigation area (as compared to the site hydrology design), and information and photographs of erosion gullies on slopes adjacent to the wetland mitigation area. EDAW coordinated with California Department of Fish and Game (CDFG) during the project, including negotiating on behalf of the City to obtain final sign-off of the mitigation program. EDAW's existing scope of work only includes coordination with U.S. Army Corps of Engineers (ACOE) in accordance with the Habitat Mitigation and Monitoring Plan -Campos Verdes Development Project and Murrietta it Project (Robert Bein, Frost & Associates 1997) and listed under Scope of Services in the City's RFP No. 102. AMENDMENT COST The amendment cost for out of scope services is $8,684. Approval of this amendment by the City would increase the total project budget to $67,222 ($58,538 + $8,684). During the course of the project, the City issued annual purchase orders (POs). An approximate breakdown of the amendment cost for out of scope services is provided below. Additional Site Assessments and Preparation of Remedial Plan Letter Report $3,640 Field Coordination to Oversee Implementation of Remedial Measures 3,870 Reestablishment of Transects, Documentation of Hydrology and Erosion 524 Coordination with CDFG to Facilitate Project Sign-Off 65Q Amendment Cast $8,684 Long Canyon Detention Basin Wetland Mitigation Amendment Scope and Cost Page 2 0108014702 Long CanyonL~fentmnBasinAmendmenfdoc ITEM N~}. 1a Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Project Funding, Acceptance of Improvements and Notice of Completion for the Diaz Rd Realignment Project, Phase II, Project No. PW95-27 PREPARED BY: Greg Butler, Deputy Director of Public Works -CIP Jon Salazar, Associate Engineer -CIP RECOMMENDATION: That the City Council: Approve an increase in contingency funds of $25,066.74 and authorize the City Manager to approve change orders not to exceed the total contingency amount of $277,036.24; and 2. Accept the Diaz Rd Realignment Phase II, Project No. PW95-27, as complete; and 3. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 4. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed; BACKGROUND: This project, the second phase of the Diaz Road Realignment Project, realigned Diaz Road from approximately 1,200' south of Rancho Way to the intersection of Rancho California Road and Vincent Moraga/Business Park Drive, creating a new intersection of Diaz Rd with Rancho California Road, as well as creating a new "T" intersection of Business Park Drive with Diaz Road. In addition, the traffic signal at the intersection of old Diaz Road and Rancho California Road was removed. On January 23, 2007 the City Council awarded the projects' construction contract to Elite Bobcat Service, Inc. in the amount of $2,519,695.00 and authorized a contingency in the amount of $251,969.50, 10% of the contract amount, for a total authorization of $277,166.45. In order to close out the project $25,066.74 in additional contingency funds is necessary. Overall there were claims and/or disputed items against the project by the prime and subcontractors totaling $100,256.32. Staff was able to negotiate and settle all of these claims and disputes for $60,000, a reduction of $40,000, and recommends that this settlement be approved. The $60,000 settlement, less the remaining contingency of $34,933.26 leaves a deficit of $25,066.74. Accordingly, to fully fund the project an additional $25,066.74 is needed. With regard to the $277,166.45 in changes over the original contract amount, the majority of these expenses relate to unforeseen conditions in the design and/or subsurface conditions. More specifically, a few of the larger expenses involved reworking of the entire irrigation system to accommodate reclaimed water, improving very poor soil conditions under the roadway and within the planted median, and deployment of more extensive erosion control devices than originally planned. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one (1) year from the date the City obtained "beneficial use" {i.e. November 21, 2007) of the project improvements. The retention for this project will released pursuant to the provisions of Public Contract Cade Section 7107. FISCAL IMPACT: The Diaz Road Realignment Project, Phase II is a Capital Improvement Project funded by Capital Project Reserves, Development Impact Fees (DIF)- Public Facilities, DIF -Street Improvements, DIF -Traffic Signals, and Measure A funds. There is a sufficient project fund balance for the additional $25,066.74 in contingency needed to close out the project. The total cost construction cost is $2,796,861.45, which is comprised of the original contract amount of $2,519,695.00 and the authorized contingency of $277,166.45. ATTACHMENTS 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Elite Bobcat Service. Inc. (1320 E. Sixth Street, Corona, CA 928791 to perform the following work of improvement: DIAZ ROAD REALIGNMENT, PHASE II Project No. PW95-27 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on April 22, 2008. That upon said contract the Safeco Insurance Campany of America was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: DIAZ ROAD REALIGNMENT, PHASE II, Protect No. PW95-27 6. The location of said property is: Diaz Road, Temecula, California Dated at Temecula, California, this 22"d day of April, 2008 City of Temecula STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones MMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 22"d day of April, 2008. City of Temecula Susan W. Jones MMC, City Clerk L"Program Files (x86}1Neevia.ComlDocument Converterltemp1876763.doc Form 04/15/2008 08:22 9512796832 EBS PAGE 02/b4 EXECUTED IN T6*0 COUNTERPARTS ~ BOND #7588648 PREMIUM: INCLUDED ~ PERFORMANCE BOND CITY pF TEMECU ~S DEPARTMENT ENANCE BOND FOR PROJECT NO. PW95-2T DlAZ ROAD REALIGNMENT (PHASE !!J KNOW ALL PERSONS BY THESE PRESENT THAT: ELITE BOBCAT SERVIGE. INC. 1320 E. SIRTH STREET. SUITE 100, CORONA, CA 92879 NAME AND ADDRESS CONTRACTOR'S a CORPORATION ,hereinafter called Principal, and (riff M WAnIhCr ! CamorPlron, Pa.fnorsl,.~, u' nxNvFJUOfJ FIDELI'1i .4NU f~EFOSIT COMPANY OF MARYLAND 801 N. RP.APl~ PLVD„ SUITE PENTHOUSE, GLENDALE, CA 91203 NA,NF AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECUTA, hercinafter called OWNER, in the penal sum of TWO HUNDRED SEVENTY-SIX THOUSAND THREE HtrNDRED THIRTEEN DOLLARS and SEVENTEEN CENTS (s 276,313.17 } in lawful money of the United Stales, said sum being not less Ihan ten (10yo) of the Contract value payable by the said City of Temecula under the terms of the Contract, iur Ehe payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS ODLIGATION is such that whereas, the Principal entored info a certain ConVact with Iho OWNER, dated the 23RD day of JANUARY 2007, a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. F'W95- 27, OEAZ ROAD REALfGNMENT (PHASE II). WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantoe for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may bernme apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on - APRIL 22, 2008. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under Iho terms of said Contract shall disclose poor workmanship In the execution of said work, and the carrying out of the terms of said Control, or it shall appear that defective materials were furnished thereunder, then Ibis obligation shah remain in fuU force and virtue, otherwise this instrument shall be void. As a Dart of the obligation secured hereby and in addition to the face amount speeffied, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees Incurred by the City of Temecula in successfully onforcing this obligation, ail to be taxed as costs and irtGuded in any iudgment rendered. ~t~eNAM.E6~~ pl•1 RYX~PmlCS,9I,1191M4u7Mep,(pr,rfRYl0~C31/ZRF.IVNrMr fH4lSF Ala 04/15/2008 08:22 9512796832 EBS PAGE 03/04 The Surey hereby stipulates and agrees that rto change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shat! in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the temts of the Canlract, or to the work, or Io the Speclflaations. Signed and sealed ibis yTK day of APRIL , 2008 {Seaq FIDELITY AND DEPpSIT SURETY COMPANY OF M~'D PRINCIPAL ELITE BOBCAT SERVICE, INC. fly: ~ ~ BY - CNARL AKE (Nor y ~• (Name) A 1~EY-IN-FACT (T~Ife (Tple) ey: APPROVED AS TO FORM: Polor M, Thorson. City Anorrrey µ2 ~pvn6[Cl8I1g1Aniff dr a.~q.~+tR0003~"~Lk1~K'J~H~~~tneu M4MTEnFrrCE BOt~ 04/15/2008 06:22 9512796832 E13S PAGE 04/04 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW95-27 DIAZ ROAD REALIGNMENT (PHASE I1J This is to cert'Ify that ELiTG ~1S[Ar sfrr.~(hereinafter the 'CONTRACTOR') declares to the City of Temecula, under oath, that helsti~t has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW95-27, DIAZ ROAD REALIGNMEtT (PHASE II), situated in the City of Temecula, State of Cali(omia, more particularly described as follows: /~ 7 /' / I RT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that fi knows of no unpaid debts or claims arising out of said ConUacl which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby Cully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. r CONTRACTO .TC~~~V Dated: U~ By. lcG N9+.rr ~2P/s' Print Name and Tlfle RELEASE ITEM N~}. 11 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Award a Construction Contract for the Pechanga Parkway Phase I I Street Improvements, Project No. PW99-11 PREPARED BY: Greg Butler, Deputy Director of Public Works Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract for the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11; Federal Project No. PLHL-5459(014), to All American Asphalt in the amount of $8,131,964.98 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $813,196.50 which is equal to 10% of the contract amount. BACKGROUND: The Pechanga Parkway Phase II Street Improvement Project will widen Pechanga Parkway to its ultimate width from Temecula Parkway to Pechanga Road. This project will include asphalt pavement, curb & gutter, sidewalk, landscaped medians, minor drainage facilities, water line, traffic signals and striping for easier access to and from Redhawk, Wolf Creek, and the Pechanga Casino. On April 20, 2006 the City filed a Notice of Determination for the Project with the County Clerk pursuant to the requirements of the California Environmental Quality Act confirming approval of a Negative Declaration for the Project finding that it will not have a significant impact on the environment. Because the project is partially funded with a Federal Lands and Highways Grant it was also necessary to process environmental clearance adhering to the National Environmental Protection Act (NEPA). Caltrans and the Federal Highway Administration (FHWA) have reviewed and approved the Categorical Exclusion (CE) prepared for the project. The Caltrans Environmental Chief Officer and the Caltrans Project Manager/District Local Assistance Engineer approved the CE on March 29, 2007 and on April 3, 2007, respectively. FHWA approved the CE on April 19, 2007. On October 23, 2007, the City Council adopted Resolutions Nos. 07-88, 07-89 and 07-90 confirming these environmental findings. On February 26, 2008, City Council approved the plans and specifications for the project and authorized staff to solicit construction bids. On Thursday, April 10, 2008, nine bids were opened and base bids publicly read aloud. The results were as follows: All American Asphalt $ 8,037,094.98 R.J. Noble Company $ 8,464,639.12 Sully-Miller Contracting Company $ 9,057,386.03 PALP, Inc. DBA Excel Paving Company $ 9,432,629.00 Hillcrest Contracting, Inc. $ 9,459,952.72 Las Angeles Engineering Inc. $ 9,755,925.04 Beador Construction Company, Inc. $ 9,900,299.55 Hazard Construction Company $10,230,387.20 Weir Construction Corp. $12,022,210.17 The "I nstructions to Bidders" included in the project specifications booklet advised that all bids would be compared on the basis of the base bid only. There was one additive bid included in the proposal which quantified the work necessaryto install a Rancho California Water District (RCWD) recycled waterline and adjust existing RCWD facilities to grade. At this time, the Pechanga Tribe has made separate arrangements with RCWD to install the recycled waterline. It is necessary to include the adjustment of all existing RCWD facilities to grade in the award of the contract to complete the overall project. The City specifically reserved the right to award the additive bid in sum total or individually or in any combination thereof. The amount of the awarded contract includes additive bid items 201 through 209, which total $94,870.00. These items of work are included in a reimbursement agreement with RCWD. The specifications allow for one hundred and eighty (180) working days, which is an approximate duration of 8 months. Staff has reviewed the bid proposals and found All American Asphalt to be the lowest responsible bidder. All American Asphalt has extensive public contracting experience and has successfully undertaken similar projects for various public agencies in Southern California. FISCAL IMPACT: The Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, is a Capital Improvement project funded with Development Impact Fees -Street Improvements, a Pechanga Indian Tribe Contribution, a Public Lands and Highways Grant, Reimbursements from RCWD and Standard Pacific Homes, and the Wolf Creek Community Facilities District. Adequate funds are available in the project account (Account No.210-165-668- 5804} for this $8,945,161.48 request which includes the $8,131,964.98 contract plus an $813,196.49 contingency. ATTACHMENTS: Location Map and Project Description Contract ro 0 io H ~ ~ ~ p ~ ~ ~ ~ ~ ~ K ~ N ~x~. y ~ G A b~ ~~ ~. ~, b FOY O ~ n r ~'{ ~ ~ ~ ~ ~ C ~/ ' la ~ ~ A w a n ~ n w ~ n h rn ~ ry~ ~ G m~ O m ~w.. a ~ ~ (D ~ N h O" P n a ~"~, h r' b a ~ ~ p, m m ~ rn rn 7 7 w i-r w ^ ~ ~ O ti y ~~aticR4 ~~x~g:~K N ry OC N .. ~ypf ~ ~ N C1 ~p P w ~ y. ~ y ~t,~d ww n ~ P O N :p ~r ~ M C x ~~ g~n_~ w ~ ~ :P ~ n YH V o~ o' .~. M ~ ~~~~~s~~ V D A A N «~ A to a A O IJ IJ co ~A o owN~ O ~' O O O J cn ~` O O O vi W A bi H3 ffl b9 (fl fA 4A b 9 b9 ~ In W .- . O w ~O O ~ ~D CO Vi W b' 00 (D O W ~ m d ? ~ W ~ v W A • -• O N O 0o J to IJ 1D A `~ O ~ 0 W O W W N O O , O O O W '-' p .. N w .+ N OO N .-~ N N oo N C ~ ~ A U o O' N N W O J t n ~ 'P O 0 0~ ~ l O 0 0 n ~ ooo~oooo . . m N U' b N O 0 N O. O H N. N. ~ . N.' Vi HifA VS fAFA'fA. Hi .. ~ n~ W OG ,. ,. tJ .+ -N lJ ' ° o '~ +D 00 N In O W O V W O b + "'~' A in O O N N v, O A ~] J C O O lJ A 0 0 " * ~ a oooa~aoo' D to O O O ~7 00 O O N H .' d In b 0 A ~'h Y P b f. ~ ^o a, a' Y' O ~ n• ~ ~. ~ ~ O ^ .. m o~y O ~+ ~ 0 a fD r' ~ O ~~ ~~'o ti N ~ n o~ y ~ ~ O ~, ~ H a. o. ~~ a n' &~ a O N ~: ~ N: ~ (/Q d h A R' O- 00 ~.~ o ~' H O M (o n `D w a " d H O q ~ d a' C N. O ~ a~ P~ ~ ~ O ~o o ~ M ~ `. O ~-n C m a: w `< ~ ~_ ~y a°+ rn ~ a. ~; O O ~~ C~.~ m' ~ ~^ a: ~ ~- a.N~~, ° ~ro w "~ o ro `C M ro ~. n K M t, H i ~7 b 'G ro ],r ~c C a: N (~D M'+ ,. t CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FO R CITYOF TEMECULA PROJECT NO. PW99-99 PECHANGA PARKWAY PHASE 11 STREET IMPROVEMENTS FEDERAL PROJECT NO. PLHL-5459(094) THIS CONTRACT, made and entered into the 22nd day of April ,2008 ,by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and All American Asphalt, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to vuit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled CITY OF TEMECULA PROJECT NO. PW99-11 PECHANGA PARKWAY PHASE II STREET IMPROVEMENTS, FEDERAL PROJECT NO. PLHL-5459(014), Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (Latest Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications far Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for CITY OF TEMECULA PROJECT NO. PW99-11 , PECHANGA PARKWAY PHASE II STREET IMPROVEMENTS, FEDERAL PROJECT NO. PLHL-5459(014}. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provision, and Technical Specifications for CITY OF TEMECULA PROJECT NO. PW99-11 PECHANGA PARKWAY PHASE II STREET IMPROVEMENTS, FEDERAL PROJECT NO. PLHL-5459{014}. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise CA-1 specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: CITY OF TEMECULA PROJECT NO. PW99-11 , PECHANGA PARKWAY PHASE II STREET IMPROVEMENTS FEDERAL PROJECT NO. PLHL-5459(014} All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: EIGHT MILLION, ONE HUNDRED THIRTY ONE THOUSAND, NINE HUNDRED SIXTY FOUR DOLLARS AND NINETY EIGHT CENTS ($ 8,131,964.98}, the total amount of the base bid, plus additive bid no. 1 items 201-2Q9. CONTRACTOR agrees to complete the work in a period not to exceed One Hundred Eighty (180) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30} days after submission of a payment request to the CITY, the CONTRACTOR shall be ca-z paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing aone-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code. a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50°lo complete. The Council hereby delegates its authority to reduce the retention to the Engineer. LIQUIDATED DAMAGES -EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10} calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director CA-3 of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relations' Internet Web Site at http://www.dir.ca.goy. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are included in Exhibit "B" of the project specifications. Future effective general prevailing wage rates which have been predetermined are on file with the California Department of Industrial Relations and are referenced but not printed in the general prevailing wage rates. CONTRACTOR shall post a copy of such wage rates at the job site and if there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, CONTRACTOR shall pay not less than the higher wage rate. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Cade, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 far each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and/or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons {CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sale active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CA-4 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR'S books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. CONTRACT ASSURANCE. The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. 20. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 21. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during hislher tenure or for one year thereafter. Furthermore, the contractorlconsultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether CA-5 contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 22. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 23. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailingr A ddress; Street Address: William G. Hughes William G. Hughes Director of Public Works Director of Public Works City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Temecula, CA 92890 ca-s IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR All American Asphalt PO Box 2229 Corona, CA 92878-2229 (951) 736-7600 (951) 739-4671 fax By: Print or type NAME Print or type TITLE By: Print or type NAME Print or type TITLE {Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk ca-~ ITEM N~}. 12 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Reimbursement Agreement with Eastern Municipal Water District associated with Pechanga Parkway Phase II Street Improvements; Project No. PW99-11 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council approve the ReimbursementAgreement in the amount of $20,910 between Eastern Municipal Water District (EMWD) and the City of Temecula for adjustment of various sewer facilities associated with the Pechanga Parkway Phase II Street Improvements, Project No. PW99-11, in substantially the same form attached and authorize the City Manager to execute the Agreement on behalf of the City. BACKGROUND: The Pechanga Parkway Phase II Street Improvement Project, which is scheduled to be awarded on April 22, 2008, involves the widening of Pechanga Parkway to its ultimate width from Temecula Parkway to Pechanga Road and includes the construction of asphalt pavement, curb & gutter, sidewalk, landscaped medians, minor drainage facilities, waterlines, traffic signals and striping. Several existing sewer facilities will need to be adjusted due to the project's proposed changes in grade. EMWD, as owner of these sewer facilities, is financially responsible to make these adjustments to grade. However, since the City's contractorwill perform this work underthe City project, EMWD will reimburse the City all costs associated with this work. The Reimbursement Agreement establishes the EMWD funding amount that the City will receive for work undertaken by the City's Contractor on behalf of EMWD. The estimated costs for adjusting 51 sewer manholes to grade is $20,910. The City will invoice EMWD for completed work monthly, when the Contractor bills the City. FISCAL IMPACT: The recommended action will provide for$20,910 in reimbursementto the City for work undertaken on the behalf of EMWD associated with the Pechanga Parkway Phase 2 project, Project No. PW99-11. ATTACHMENTS: EMWD Reimbursement Agreement REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA AND EASTERN MUNICIPAL WATER DISTRICT For PECHANGA PARKWAY PHASE II STREET IMPROVEMENTS PROJECT NO. PW99-11; FEDERAL PROJECT NO. PLHL 3459 (014) THIS AGREEMENT is made and entered into as of April 22, 2008, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Eastern Municipal Water District, a public agency organized and existing pursuant to Division 20 of the Water Code of the State of California, hereinafter referred to as "EMWD". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to establish reimbursement to CITY by EMWD for the cost of adjusting to grade certain sewer improvements hereinafter referred to as the "EMWD WORK" made necessary by the construction of the Pechanga Parkway Phase I I Street Improvements, Project No. PW99- 11.hereinafter referred to as "PROJECT". Section II. EMWD shall reimburse CITY for one hundred percent (100%) of the costs (hereinafter referred to as "REIMBURSEMENT"), for the EMWD WORK within the PROJECT area that are affected by the PROJECT. The costs forthe REIMBURSEMENT to CITY by EMWD shall include the following items as shown within the attached Bid Result Spreadsheet: A. Item Quantity Unit Cost Extended Amt Adjust Existing Manhole to Grade 51 $ 410.00 $ 20,910.00 Section III. Costs are based on construction bids received forthe PROJECT under "Bid Item 17 Adjust Existing Manhole To Grade" shown within the attached Base Bid Result spreadsheet. CITY has evaluated and analyzed all bids received and selected the lowest responsible bidder far the PROJECT as All American Asphalt {hereinafter referred to as "CONTRACTOR"}. EMWD has reviewed the bids and approved CITY's selection of CITY's CONTRACTOR prior to the commencement of the work on the PROJECT. EMWD shall maintain as a contingency an amount equal to ten percent {10°l0} of the total estimated costs of the EMWD WORKto account for unforeseen changes to the work. The CITY shall obtain approval from EMWD prior to the approval of any change orders associated with the EMWD WORK, and authorizing the CONTRACTOR to proceed unless failure to act immediately may affect public safety. The cost of any delay in the work due to the delayed action of EMWD in approving change orders associated with adjusting utilities to grade shall be borne by EMWD. EMWD shall respond to sewer facility change orders within fifteen (15} business days. CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified and billed to EMWD for payment an the following basis: A. The CITY shall invoice EMWD upon completion of the EMWD WORK Page 1 of 3 completed and invoiced by the CONTRACTOR. EMWD shall remit payment to the City within thirty (30} days of receipt of invoice. Section IV. It is acknowledged that EMWD has reviewed and approved all CITY plans and specifications for the EMWD WORK and has approved the bid amount as reasonable. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY agrees to designate Mr. Steven W. Beswick, Associate Engineer, Capital Improvement Projects, as the contact for CITY in regards to this agreement. EMWD agrees to designate Mr. Abe Mendoza, Civil Engineering Associates I, New Business Development as a point of contact for EMWD to facilitate the reimbursements identified herein. Section V. INSPECTION EMWD shall be responsible to inspect the EMWD WORK performed by CITY's CONTRACTOR for compliance with EMWD standards. EMWD's inspection personnel shall have the authority to require that any and all unacceptable materials, workmanship and/or installation be replaced, repaired or corrected by CITY's CONTRACTOR without cost to EMWD or the CITY. All inspection costs incurred by EMWD will be solely financed by EMWD and shall be at no cost to the CITY. Section VI. CITY TD PROVIDE INSURANCE For the period during which City or its contractors} controls the job site, City will provide, or cause to be provided, for the entire period of construction of any of the Project, a policy of workers' compensation insurance and comprehensive general liability insurance with coverage broad enough to include the contractual obligation it may have under the construction contract and having a combined single limit of liability in the amount of $2,000,000 covering EMWD's officers, employees and agents as additional insureds. Section VII. RECIPRQCAL INDEMNIFICATIQN City shall assume the defense of, indemnify and hold harmless EMWD and its respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, {i) action of City pursuant to this Agreement and {ii} the construction of the Project. No provision of this Agreement shall in any way limit the extent of the responsibility of City for payment of damages resulting from its own operations orthe operations of any of its contractors, agents or employees. EMWD shall assume the defense of, indemnify and hold harmless City and its respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, {i} action of EMWD pursuant to this Agreement; and {ii}work directly related to Bid Item 17 -Adjust Existing Manhole To Grade for which EMWD is responsible for performing inspections under Section V of this Agreement and excluding those {such as worker safety issues} for which EMWD is not responsible under Section V of this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of EMWD far payment of damages resulting from its own operations or the operations of its contractors, agents or employees. Page 2 of 3 Section VIII. NOTICES All notices under this Agreement shall be sent as follows: EMWD: Eastern Municipal Water District P.O. Box 8300 Perris, CA 92572 Attn: Abe Mendoza, Civil Engineering Associate I CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn: Steven W. Beswick, Associate Engineer Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. This Agreement is dated as of the date set forth above. EASTERN MUNICIPAL WATER DISTRICT By: Anthony J. Pack, General Manager ATTEST: Rosemary V. Howell, Board Secretary CITY OF TEMECULA By: Shawn D. Nelson, City Manager By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, MMC, City Clerk Page 3 of 3 PRO) ECT ND. PW9317 PECHANGA PARKWAY PHASE II STREET IMPROYEMEMS BID RESULTS -APRIL 1D, 2(108 AI I AmeruaR Aspryzll. 11em Ala. fusaibron Unit Ezl Guano Unil Prue Ame nc EFGINEERUICfCONSTRUCTpNSUF{VEYIM1is IS I $103,00000 $ IA081LIZATq NNEM081LIZATION L5 I $125.00070 $ - CLEARANDGRUB LS I 5194.00000 $ 4 TRAFFIC COMRGL L5 I 89,00000 $ NPDES L5 I $15.00000 $ - GR4DIRG LB I $]98.00000 $ _ CRLISHED AGGREGATE 645E TN T],000 SI]50 $ ASPHALT WNCRETE PAVEMEM TN 92,000 8860 $ -- CURBBGURER.NPE'A~8'CI LF 11.550 SI050 $ 10 CURB, NPE'fs8'[CITYI LF 22,120 $1.50 $ _ II CUR68 GInTER. NPE A~8 ICOUMYOF RIYEPSIDEI LF ]50 SI630 $ 12 CURB, NPED [WUMYGF RIVERSIDE) LF 610 $4.00 $ I8 CURB RAMP. GALTRANB ABSA~GABEC EA 3 8,000 p0 $ 14 CURB RAMP. CALTRANS A88A~CASEE EA IS $1.50000 $ IS WMMETUTAL DRNEWAY EA 3 8,10000 $ 16 REBIDEMIAL DRIYEWAV EA 2 8,10000 $ I] A0.1 LIST ESLSTING MANHOLE TG GRADE EA 61 $91000 $ 18 A0.1 LIST ESLSTINGYALVE COVER TO GRADE EA 32 $10500 $ 19 WLD MILLAG PAYEMEM SF 184,000 ~0] $ 0 REMOVE AND GON8Tfl11uT IAETAL BEAM GLUIRDRAIL PER CALTRANB STD RAN ATIAI W ITH TWO TERMIN4L $V$TEMB [NPE SKT 1 PER CALT R4N8 STD PLAN AlIL2 F 20 13500 $ 4`THIGKBTAMPED CONCRETE SF 95,816 8J5 $ 2 L4NDBCAPE AND IRRIGATION LS I $989.00000 $ 3 CROSS CURER SF )950 $590 $ _ SIDEWALK GRYOF TEMEGUL4 SF 69,100 8.15 $ - 5 SUPVEY MONUTAEMB LS IS $36000 $ - 6 REIAOVEALL E%l4TINCNCGNfLICTING$TRIPINGS I~t4RNINGS BVW Ei SAND 6L4STING L5 I $,80000 $ ] SIDEWALK [GOUMVOF RIYETi81DEl EA 9.180 8.10 $ 8 IA9SGNF{Y RETAINING WALL NPE3 PER 5 D.RS.D., DWG NO. G3, G] 8 G8, HEIGHT=2'~ 0' Lf 85 8200 $ _ 9 DETAINING W ALL PER CALTRAN4 STD Bl~t I, NPE 6A, W ITH G4BLE RAILING PER CALTRANS STD 6119] Lf 125 81000 $ - 0 W NDU6S, $ERNCE CONDUITS, FULW%E5, AND FULL ROPES FOR STREET LIGHT AND IRRIGATON COMFgLLER SYSTEM L5 $112.2]000 $ RECONSTRUCT STORM DRAIN IA4HHOLE TO GRADE EA 12 8,90000 $ 2 ROADWAY $IGN4 EA 98 $19500 $ 3 18'REINFGRCED WNCRETE PIPE LF 36 81000 $ 4 TRENCH SAFETYAND SHJRING OF E%CAVATIONS L5 I $1,3W 00 $ 5 WNCRETE GOLL4PS EA 2 $1.38000 $ 6 WNCRETE GATGH BASIN NO.I EA 5 8,00000 $ _- ] WNCRETE LOGALDEPRESS. N0.2 EA S 80000 $ 8 CATCH 64SIN FILTER IN4ERT$ EA S 8,20000 $ 9 FECHANGA PARKWAY STEMECULA PARKWAY~FORIAERLY SRN $OUTHJ TRAFFq $gNALS, LIGHTING AND ELECTRICALSYSTEIA4 L5 I $10],00000 $ q0 PEGH4NGA PARKWAYBRAINB]W CANYON FAAD TRAFFIC SIGN4L6. LIGHTINLAND ELECTRICALSYSTEMS LS I $151,00000 $ - 91 FECHANGAPARKWA AND IAURFIELTVMUIRFIELD DRIVE TR4FFq SGNALS, LGHTIRG AND ELECTRICAL SYSTEIA$ L$ I 86.50000 $ - q2 FECHANGA PAPKWAY 8 LOMA LINDA ROAD TRAFFIC SIGNALS, LIGHTINGAND ELECTRICAL SYSTEMS L5 I 8]6.00000 $ p FECHANGA PARKWAY fl W GLF VALLEY ROAD TRAFFIC SIGNALS, LIGHTINGAND ELECTRICAL SYSTEMS L5 I 5115,00000 $ 44 PEGH4NGA PARKWAY BGASIMO DRIVE ISTATgN 10]-00!I TRAFFIC SIGN4L6. LIGHTINLAND ELECTRICALSYSTEMS LS I $N,10000 $ 95 FEGH4NGA PARKWAY BGASIMO DRIVE ISTATgN i IBi60l1 TRAFFIC SIGN4L6. LIGHTINLAND ELECTRICALSYSTEMS LS I 83.50000 $ - 96 FECHANGAPARKWAYBDEER HOLLOW WAV TRAFFIC $IGN4L5. LIGMINGAND ELECTRICAL SYSTEMS LS I 89.00000 $ 9] 4'SGLID LANE LINE IGALTRAN$STD FLAN P20AJ LF 3b80 $3.18 $ - 4S LONE LINE DETAILS LF 29,353 x,16 $ q9 CHANNELIZING LINE [DETAIL381 LF 3.405 $330 $ - 0 CHANNELIZING LINE [DETAIL386J LF 256 91.gi $ _ i LER EDGE LINE DETAIL2q LF 22,5]5 $3,18 $ - 2 RIGHT EDGE LINE IDETAIL2]H1 LF 2.)99 91.18 $ 3 LONE DRGPMARKIMGS IDETAIL3]B1 FL 869 9139 $ _ 4 LONE LINE EXTENSKIN THRU THE IMER$EGTION [DETAIL 901 LF 95 9] 52 $ 5 DOUBLE YELLOW LINE IDETAIL221 LF 111 9138 $ 6 MEDIAN lSL4ND STRIPE DETAIL29 LF ]88 9156 $ ] BIKE LANE LINE [DETAIL 391 LF 10.665 9] 20 $ 8 81KE INTERSECTION LINE IDETAIL39AJ LF 1938 9122 $ 9 12`SOLID WHITE CHEYfgN LF 12N $196 $ 0 CHANNELIZING LINE IDETAIL38A1 LF I.J06 9825 $ - i WU6LEYELLOW LINE IDETAIL211 LF IS $103 $ 2 IMIT LINE ~ CALTRANS STD PLHN P29E [THEPMGI LF 3,]06 $196 $ 8 CROSSWALK LINE-CALTRANS STD PLAN P29E[THERMOI LF 1280 $196 $ - q TURN ARROW-CALT R4N$TYFE IY Iy ITHERIAOJ LF 1280 918] $ 5 TURNARROW-CALT R4NSTYPE IY Ifl1ITHERIA]I EA 52 $163$ $ 6 TURN ARROW-CALT R4N5 TYPE YI Ifl1 [THERIA]I EA S 8180 $ ] 'BIKE LONE' $YIABJL-CALTRAN4 STD FLAN P29C [THERMGI EA 20 8090 $ 8 61NE LANE ARROW-CALT R4N$ STD PLAN P29A [THERMGI EA 20 8090 $ 9 `STOP $VMB]L-CALT R4N5 STD PLAN A2gD [THERMOI EA 8 82.90 $ -_ 0 SIGNALAHEAD SYMBJL-CALTFN$STD PLAN P29D ITHERMOJ EA 13 $18390 $ 1 TOUR RAIL VINYL FEIKE LF 2,W0 SI]50 $ 6U4 TUPNJUi RIYEPSIDE COUNN STD 819 EA 2 511.00000 $ TEMTORARVIHARDW IREI NDEO DETECTION SYSTEMIWSI LS I g5.%000 $ - VJATEP METEPS AND SERVICE L4TERAL W NNECTIGNS L5 I 8,50000 $ - Tot al Bid Price $ CITYOF TEMECULA DEPARTMEM OF PUBLIC WORKS e1e n ,mamas ll en s~mma9' ITEM N~}. 13 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Agency Agreement, Water System Grant Deed and Water System Construction Agreement with the Rancho California Water District for Water Facilities Associated with the Old Town Infrastructure Project -Mercedes and Main Street Improvements; PW06-07(1C) PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP David McBride, Senior Engineer RECOMMENDATION: That the City Council: Approve an Agency Agreement with the Rancho California Water District pertaining to the seven specific parcels of land that compromise the official map of the Old Town Civic Center Properties (PW06-07), and authorize the City Manager to execute the Agreement. 2. Approve a Water System Grant Deed with the Rancho California Water District thereby transferring all rights, title and interests in specific portions of the water system improvements to be constructed as part of the Old Town Infrastructure Project PW06-7(1 C) to the District, and authorize the City Manager to execute the Deed. 3. Approve a Water System Construction Agreement with the Rancho California Water District, and authorize the City Manager to execute the Agreement. BACKGROUND: On March 18, 2008, City Council awarded a construction contractfor the Old Town Infrastructure Project and work on the project is progressing as planned. As a requirement of new development and a prerequisite to obtaining water service, the Rancho California Water District (RCWD) requires the developer to execute a new or update an existing Agency Agreement and execute a Water System Grant Deed for any portion of the water facilities constructed by the new development to be owned and maintained by RCWD. The purpose of the Agency Agreement is to designate RCWD as the City's exclusive agent for the extraction, diversion, storage, blending, and distribution of the local waters underthe seven parcels of land associated with the Civic Center Project for the benefit of the City and other land owners within RCWD boundaries. It should be pointed out that approval of this Agreement merely updates the previous AgencyAgreements approved by the previous land owners that comprised the seven parcels created by adoption of the Official Map of the Civic Center Properties by City Council on February 26, 2008. The City Attorney and Staff do not perceive a negative impact by approval of this updated Agency Agreement. The purpose of the Water System Grant Deed is to transfer all rights, title, and interest in portions of the water system, constructed as part of this project, not located on the seven aforementioned parcels and designated to become part of the District's water conveyance system. The Water System Construction Agreement formally establishes the obligations and responsibilities of the City and RCWD relative to our proposed changes to their water system and outlines how water service to the Civic Center and adjacent development will be provided. A plan showing the water system improvements to be maintained by RCWD is attached. FISCAL IMPACT: Various costs or fees associated with providing water service for the various Civic Center projects, as shown on water improvement plans and described in the Construction Agreement, will be addressed administratively or by Council action as they occur. The funds to design, inspect, construct and utilize the water system are addressed within the various project budgets of the Parking Structure, Civic Center Structure and Infrastructure & Town Square Improvements. ATTACHMENTS 1. Plan of the Water System Improvements 2. Agency Agreement with RCWD 3. Water System Grant Deed with RCWD 4. 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I,-y , - - l ~ I i.-~ ~- I 1 ' -L r _ I 1 __ I, , I ,__ , ~ i I ~ Y I I . .. f- I I m 7 m> +J N J +~W MEW a a f EF V~ VWK N Z N v N Z v ~ W 'I ^ 6Y m .; FT °~ I~ I ~ O O a OO w + J +N U mN II x a I:0 U'n HK' ZO~Wm n NON N rK a I OWO ..~ •a3 Za^ XWNra wa`~'rm O > fZ „~dOllilil J O~~ J n Na mrmr -xtm O? ~ IA 1 Z 0 ' ` ' y-_ I ~_ ~ l I ILA ~_ L L _+ i I I '. I ~- I ._-1 1-1 I~~ I _ r I I I l - i ~ N Sd ` ~ y~e~ ~ N & N n U w o L I ~ I~ 1 I I I t I t I l-•i I I ~ I J z ~ 1. 30 c3 - - - ~ r l~ ~1 ~- I I I-- Y I ~ ± _- 1 L_ i~ J I I 1 _~ L a ~ II. ~ 11- CI N ~ a ~'~ ~ fV r> u~ O N rW 2 ~ ~ ^ ~ ~~ L I- f .~ ~ I -i. I - ~- ~- i r-I- ~ I I I ! L1-- I I _.L~ i ~I I I I I -~ i T _ ! mil, _ ~~ ~l 1 !~ I I _ t ~ i _ L ~ , - l I ~ -~ I- I ~ ~ = w - J_ m,-. W l ao >w I > o ~ ~ F N I o L~ ~ o W~ ~n zd ~ o z 0 oa ~ F"i 0D w ~ ~J~ G1 ~ Qm ~ W ~ ~ ~ ~ Z o ~ ~ ~ rc a r o ~ I~~ I ~~ ~. I ~i 1 ~~+ ~--~--I - I I i~ I 1-~ l I ~ .. ~ i 1 -~ L o I _ n o° n o~ a 3 " - m z V 'o S p r o ~ w p I ~---_ - ~ _ ~ 1 ''~ y- J- i-~-I-. ii-.y- 1__i~ ~ i t ~ I I ~i ~ I, -i- I. ' I ~~ y_L~-~ ~~ I -il- - -~ I- ' ~~ _ !-~F T~ W, ,I + ~ ^ w + ~sI I fL v N lr dl ~ - I"l ~ ~ i vai IW- ~ .Z. O When recorded return to RANCHO CALIFORNIA WATER DISTRICT 42135 Winchosicr Raad Post Office Box 901 Temecula. CA 92589.901' AGENCY AGREEMENT NO. THIS AGREEMENT, made this _ _ ? 2Nd day of __ AP.~~ _ , 20 per, by and between S~Q~ nAP/'~ )1 ~ _ (hereinafter referred to as 'Landowner"), and RANCHO CALIFORNIA WATER DISTRICT, a public corporation organized and existing under Division 13 of the Water Code of the State of California (hereinafter referred to as the "District"). for the property described as follows: I~ARGELS 9. ~11lTJJ,~(~ ~ of TFtE OFFIG rAl- MAP orF _7Ii~.. a~ _ _'i'p1n~tJ_ GtV1L_rytj~.Tj~,t~ 'i~Zc~T~,G~ (legal description attachedj. WITNESSETH: WHEREAS, the Oisvict has power and autha~ly to act as agent for the legally applied. It is the intention of Landowner by this Agreement to extraction, diversion. storage and distnbuhon of water owned by other maintain a binding and permanent arrangement whereby said IocaE parties: and water shall be properly maintained and be perpetually delivered and WHEREAS. Landowner is the owner of certain lantl within tfte District distributed to all of said lands entitled thereto and the subdivisions described m Exhibd "A' attached hereto and made a part hereof; and thereof for the use o1 Landowner. its assigns and its successors in WHEREAS, said lard owned by Landowner is a portion of land found interest and other owners of such lands. by the United States D~stnct Court. United Slates of America vs. Section 2. Landowner hereby grants to the District the right to blend Fallbrook Public Utlllty District, et al., in the United Stales District local water with imported supplemental water, to distribute imported Court, Southern District of California. Southern Dwision, Case No, Water to Landowner in lieu of or in addition to the distribution of brat 1247, affirmed m part by the Untied States Court o1 Appeals for the Watar and to store imported water under the lards of Landowner. Nimh Grcwl. Case No. 1893E to be land riparian to certain rivers and Section 3. Landowner agrees that all local water to be used by streams. including the Santa Margarita Rrver and its tributaries, and LandbWOer Within the DlStrldt shall tk! dbtainP.d from the Di5lfint nr its also which may be land overlaying percolating waters under a court assigns and successors in interest. Landowner shall not diver) or decree entered December 26. 1940 in the case Rancho Santa extract within or outside the boundaries of the Dislnq local water for Margarita vs. Vail, 11 Cal.2d 501 j1939). and reinstated by the United Landowner's own use within the Distract no' shall Landowner supply Stales Court of Appeals for the Ninth Grcwt m said Case No. 18931: local water for use within the District by others. Landowner further and agrees not to dwert or extract within the District local water for use by WHEREAS Landowner, without translernng any water right and Landowner or others outsde the District, Landowner reserves to itself, privilege pertaining to said land. does desire to empower the District to its assigns and its successors in interest all water rights and privileges ac; as its agent and the agent of its suaessars and assigns to extract, presently owned and which may be hereinafter acquired pertaining to store and divert the water to which i1 is enUUed (hereinafter referred to said land and nothing in this Agreement shall be construed as as 'local watel') and to supply the same to its land and all other land appropriating or dedicating said water rights or any water to public use. having. under the laws of the State of California or pursuant to any judgement or contract. a legal ngM to have said water applied thereon. Section 4. This agency shall be effective and irrevocable in perpetuity NOW. THEREFORE, in consideration of the mutual promises and and the same shall be deemed an agency coupled with an interest. agreements herein contorted, the parties hereto agree as follows. provded, however, this Agreement shall terminate and be of no further f f orce or e fect upon a determmaLOn by any court of competent Section 1. Landowner hereby designates the District its exclusive agent jurisdiction in an appropriate action that the method of extraction and and the exclusive agent of its assgns and successors m interest for the distribwtion of said local water herein provided is not a proper method of extraction, diversion. storage, blending and distribution of all local water exercising the riparian and other water rights of Landownor. upon or under the lands of Landowner referred to in the recitals hereof for the purpose or puaing sad local water to beneficial use to the fullest Section 5. The District agrees to divert, extract, store antl distribute extent of which it is capable for the lantls and inhabitants of Landowner local water for the benefit of Landowner The District agrees to acquire and all other lantls within the watershed of the Santa Margarda River, by lease, purchase, gift or otherwise all wells and water distribution and ifs tributaries on which said local water new and hereafter may be facilities useful and necessary to extract, store and distribute said local water to the lands and inhabitants entitled thereto in accordance with this Agreement Nothing contained herein shall prohibit the District from exercising any of ifs powers granted by the California Water District Law nor shall the District be prombrted Irom acquiring supplemental water for distribution to all lands within the Dislna. Section 6, This Agreement shall not be assignable by the District without the written consent of Landowner; provided, however, the District may contract with any municipal, public or private corporation for the management and operation of any water facdilies owned by or leased by the Drslrict. Section 7. The District shall have lull control of the allocation of all costs of acquisition and construchon of District facilities using any method or a combination of methods, as set forth in the California Water Distria Law, or raising funds to defray Bard costa The Distract may adopt such rules and regulations for the distribution of local water as it deems necessary- The District may allocate the distribuhon of the available local water in any manner authorized in the California Water District Law or the rules and regulatbns of the District adopted pursuant to sad !aw. Rates and charges for the distribution of local water may be made and shall be payable by Landowner, its assigns and the successors in interest as determined by the Board of Direaors of the District Irom time to time, provided, however, said rates and charges shall not be so set to discriminate between water users in substantially the same classification, SECTION 8. Neither the District nor the Landowner warrants the quantity or quality of the bcal water to be extracted and distributed by the District. SECTION 9. The District and Landowner inland that the provisions of the Agency Agreement shall constitute covenants that run with the land and shall inure to the benefit of and be binding upon the assigns and successors in interest of the Dislna and Landowner. The District and Landowner therefore agree as follower (a) The Dstra is the owner of land and wafer distribution facilities within its boundaries which will be benefitted by the Agency Agreement. The District land benefits from the Agency Agreement because wells located on the Distria land have a more assured reliable wafer supply. The District land particularly benefitted by the terms al this Agency Agreement is described in Exhibit "B" of Ihal certain Agency Agreement recorded in the Office of the County Recorder al Riverside as Document No. 398782 by the Disbia IN.WITNESS WHEREOF, the parties hereto hero above written. on October 22, 1992. which Landowners IoM benefits fror above to connect to the Distnc Agency Agreement also bei boundaries of the District wh District, by securing a reliat attendant increased property v, described in Exhibit 'C' of that 'A'. (b) The covenants of this Agency Agreen the successive owners of the land descrit interest therein or a portion thereof for the t and Iacililies and other landowners who have the Distract. (c) The parties agree that the an further is recc in by reference. Sections 1 and 5 covcnan;= of the rn,as vn'^m the ~~,nie;~ v. th the SECTION 10. In the event Landowner shall convey. transfer or in any manner alienate title to all or any portion of the real property of Landowner bated within the District, the successors m interest m the tee simple estate or any lessor estate of said real property shall exoate an Agency Agreement in the identical form hereof as a condition precedent to said transfer: provided. however. noo-compliance with sad condition shall in no wise be consWed to annul or terminate the agency aeated hereby and all rights and duties hereunder shall be binding on the assigns and successors in interest of the real property of Landowner located within the Distria. SECTION 1 t. Ir any one or more of the terms, provisons, covenants or conditions of this Agency Agreement shall to any extent be declared invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, the Imding or order or decree of which becomes final, none of the remaining terms, provisions, covenants and conditions of this Agency Agreement shall be affected Mereby and each provision of this Agency Agreement shall be valid and enforceable td the fullest extent permitted by law. 9 executed this Agreement as of the day and year first ('~andowr»fl (CORPORATE SEAL? ATTEST: Secretary: RANCHO CALIFORNIA WATER DISTRICT General Manager Ois1r.U GARY L. OIiSO Recordv ` COUNTY OF Rt VERSIDE P.O. Box 751 Rwanda G 92502-0751 P~, ~ ~= ASSESSOR-COUNTY CLERK-RECORDER ~909)`8~-7°°° ' ~ ^x_.. .zr+` hrt n. 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Q - I I l~ I 11 I I v F~ Y~ ~ I ~~~`I ~~`r»I I`6 I, L I 1 1 1 1 1 1 ii Eq~ I f I'~ 55FF v t 1=~bl~lal ~l~lH lv i I ~ I .p~ ~ °~~ ~I~el ~ ~ ~ I I I~ I L I A ~~ f---I . 1 ~[ I. I I I f[' I I I G& ~ w.•.t T».N~ uws wt~ I~ I_&1 %I{`~~w I I w l ~. I I I~ I I~'I I t E g ~P 1~ t~ & ~_ ~7Fa I I I I I I s i° I - i I I- I I I- ~~ the~ p~~` q9 101tl1v1 v ~Bp8p` I I _. vlwl Iol olv to ``~ V. `BI ~..~ y3 I I I I I~I I I I S? ~a ~ r qF~ ~x 'A9a. I I I IN I t I I S M ~~ D~ a I M 4 ~QFy~ I I I I I° I I I I s > ~~° ~~B L 1 J_L.lg..l l.~_ ~ G r7 g --- naro sraET tl C r s ~ ~ ~ t I E I I I~ I I X61 I F r~ 4 I I~ tl 141~g IvIV r YYtltl YEYtlp!tlatl Latlxa;aa-~-~~•~+ S I ° I ~ ~ "r' - I ° wl I Y ~ f I l w .a ~ I I I I j to ~ a~ Rfl,i4lf 6F-!! fflf t ~ I I I I I~ I I. by ~' ~~IG[ieiien Jutltll6ie~io~frbrrgigi E l l ~ I ~I I I ~~~ g'yte~!1`:ia~~i.P'14:.tli4.tliirYi.Liii4i ~= ~_ _ -t_'9 SLLLtly M p 6L p_~ I I I 1 °~ I AA neYir$o~rilnil~il4: ie4uliai I I I I I. I e ~tl ~ eaapi=Lp pe.pp tlacEfEpL'saLglppe ~ ~, to I _ I v i~ I I l~ii,gs6ksa44q~tE=k~YieetsiYg I I I t l -I 1 1 1 1 1 ~~ 3, I I 1 1 ~ e y Y L ~__~ ~. a~,agSE ~'9 R ____~{!}~oY ~A.~'yrL~O:LDHDL ® y ~qp y SECAO Sf1EEf t Y~~a p` _ ._.__ .... ...-_____-_-, t LEEF, I I is •~ys~ e~i~f ~B 9, N J c I ' f~;~ 7 1 ~o~~~ €~ N Qt [Project No.: FOR VALUABLE CONSIDERATION paid and received, G-rt~' o~ 'T~.MEGULA {°Developer") hereby grant(s) to Rancho California Water District all rights, title, and interest in the water system improvements for the entire domestic water system facilities for the development referenced with records of the County of Riverside, State of Califomia as s2~- ~a ~,~~i-a,.~c~~ ~t~ Pw~~o7~~, and agrees to indemnify the District for any and all claims, liens, causes of action, or any type of liability arising from or in any way related to the construction of said facilities. Said water system improvements are shown in detail on the construction drawings (Sheets~throughu~) for said development. This Grant Deed is in accordance with Section 5 of the Water System Agreement between Rancho California Water District and ~ trt c~ Tg Mft C---.) L A ,dated APRIL 22. ~ecA and is effective upon Developer providing the Unconditional Lien Waiver and Release and upon filing of the Notice of Completion by the District for the aforementioned water system improvements. SELLERS, on behalf of his heirs, executors, and administrators, covenants and agrees to warrant and defend this sale of property, goods, and chattels against every and all persons claiming the same. SIGNED AND SEALED this 22~ day of APrz- ~. , 20~. (SEAL AND NOTARIAL ACKNOWLEDGMENT) (Seal} Name: Title: Signature: RANCHO CALIFORNIA WATER DISTRICT OF RIVERSIDE COUNTY WATER SYSTEM CONSTRUCTION AGREEMENT (DEVELOPER INITITIATED /CONTRACTOR INSTALLED) THIS AGREEMENT is made on this ~d-day of AFL , 20c~, by and between RANCHO CALIFORNIA WATER DISTRICT OF RIVERSIDE COUNTY, a public agency of the State of California, hereinafter designated as the "District" and G rt~2 OF T1E1.ASzu~A located at 432c» 8us~uESS s"iazK I~~vE , Phone No.~9si~ (~i4-6411 ,represented by P~bl~c u.2~rt~5 ~ars[T+kilT hereinafter designated as the "Developer". WHEREAS, Developer is planning a development of ~S~yErl F74iZG1El-S lot (s) located within the development referenced within records of the County of Riverside, State of California, as: oFx~c~o~ t.~p.POP ,~ cwti= [~"E,tc .,r~neS and is further identified on the map attached to and made a part of this Agreement; and WHEREAS, said subdivision will require a water distribution system to provide domestic water service to the lands referenced above; and WHEREAS, Deveoper is desirous of having the District provide domestic water service to said lands and is willing to convey to the District the water distribution system after the construction thereof, contingent upon the DisUict's acceptance of such conveyance on the terms and conditions set forth herein. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. District agrees to provide domestic wafer service to the aforesaid development in compliance with its applicable rules, regulations, ordinances, orders when, as, and if Developer has complied with the terms and conditions contained herein. 2. Developer agrees to construct the water system facilities necessary for aforesaid development in accordance with the following terms and conditions: A. Developer will cause water system tacilities to be constructed as shown on the District approved water constructor drawings at its expense by a qualified California licensed Contractor. Said Contractor shall be currently licensed by the State of California with either a specialty contractor, "G34", pipeline license or a General Engineering Contractor, "A" license. APPENDIX "L" Said contractor shall be experienced in the construction of domestic water systems and shall have been reviewed by the District and approved by the District as a qualified Contractor before a contract is signed and construction begins. B. Said water system facilities will be constructed and installed in full compliance with all applicable rules, regulations and ordinances of District including, but not limited to, Districts's Standard Specifications and Standard Drawings for Water and Sanitary Sewer Facilities. C. Water construction drawings for said water system facilities shall be approved by District prior to the presentation thereof to contractors for bidding purposes and said facilities shall be constructed and installed in full compliance with said approved water construction drawings and District specifications referenced in paragraph "B" above. D. The entire cost of the constructon of such domestic system shall be paid by the Developer. Such construction shall be inspected by District personnel for coniom~ance with the approved drawings and District specifications. E. The District is not responsible and does not own the water system facilities until they are inspected and approved by the District, the Faithful Performance Bond is executed and accepted by the District, all fees and charges are paid in full, the Unconditional Lien Waiver and Release and the Water System Grant Deed are executed and accepted by the District. Until such time, Developer is responsible for the facilities and is liable for all damage to said facilities. F. All existing District facilities shall be protected in place. Any damaged District facilities shall be replaced or repaired by Developer at the developer's expense to the satisfaction of District. G. Developer will, on demand, pay all costs incurred by the District as may be necessary to complete construction including the applicable hourly rate for an inspector for such time as may be required as determined by District to inspect the construction of the water system facilities. Said rates shall be that which is applicable at the time of actual inspection. The inspector shall work under the supervision of District, and shall provide inspection until the water system facilities is accepted and approved as stated herein. 3. Construction shall not begin until District issues the "Notice to Proceed". Prior to District issuing "Notice to Proceed", Developer shall submit the following: A. Copy of contract between Developer and Contractor verifying cost of water system facility construction. B. Certification of streets to final grade. APPENDIX "L' C. Certificates of insurance for contractor and all subcontractors on District Corm (A rating of A in the latest issue of Best's Key Rating Guide, Property-Casualty, written by A.M. Best Company). D. A faithful performance bond with corporate surety or sureties satisfactory to the District (A rating of A in the latest issue of Best's Key Rating Guide, Property- Casualty, Written by A.M. Best Company) on District corm". Said performance bond being for not less than one hundred percent (100%) of the total contract price. Said bond guarantees the completion of the facilities (including submission of the Unconditional Lien Waiver and Release and the Water System Grant Deed) and guarantees the materials and workmanship of the installed domestic water system against failures of any type for one (t) year from the date of the filing of the "Notice of Completion". Said bond shall provide for the payment of all costs incurred by the District for the repair of such failures within the one (1) year guarantee period. If separate CitylCounty bonding is required, Developer can submit approved copy of CitylCounty bonding in lieu of District bond. 4. The District will provide construction water and fire protection to the devebpment after the Contractor has completed all items on the District Inspector's Construction Deficiency List evidence has been submitted indicating County acceptance of compaction, acceptable bacteriological test results have been obtained, and any remaining inspection fees are paid in Lull. 5. The District will provide drop-in meters to the development and file a Notice of Completion after the following has been submitted: A. Drop-in Meter Application and all related meter installation and connection fees. B. Unconditional Lien Waiver and Release for waterline construction. C. A Grant Deed executed by Developer vesting title of said water system facilities to the District. Said Grant Deed must be on District form and vests title only after the District files the Notice of Completion. In the event water rights are appurtenant to the development, Developer shall also grant said water rights to the District on District form. D. An Agency Agreement will be required for each parcel if there is not a current Agency Agreement recorded against the property. The Agency Agreement gives the District the right of management of the groundwater resource to the District, for the benefit of all District customers. APPENDIX "L" 6. At District's option, the terms and conditions of this Agreement will become null and void and District will have no further obligations hereunder in the event the construction of the facilities covered herein has not begun within 12 months of the date of this Agreement. In the event construction has not been accepted by District within 24 months of the date of this Agreement, this Agreement and any other related water system facility requirements must then be revised to include any new conditions and to cover all increased costs, including any new fees and charges which may be in effect at that time. No further work will be permitted until all provisions of this paragraph have been fulfilled. 7. Developer agrees to hold the District free and harmless from any expense or liability resulting from the construction or installation of the water system facilities, and further agrees that Developer will indemnify the District and will hold 8, its employees and agents free and harmless from and against any and all liabilities for death, injury, lass or damage to persons or property which may arise before, after or during construction of the water system facilities as a result of any work performed by Developer or on its behalf. 8. In the event that either party shall fail to perform its part of this Agreement, and suit shall be commenced, or an attorney empbyed to enforce the provisions thereof, the party who fails to perform his part of the Agreement agrees to pay any and all costs involved therein, and to pay a reasonable attorney's fee. 9. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, and each of them. 10. Whenever in this Agreement notice is required to be given, the same shall be given by cenified mail, postage prepaid, addressed to the respective parties at the following addresses: To Rancho Califomia Water District: Rancho Califomia Water District General Manager P. 0. Box 9017 Temecula, Califomia 92589.9017 To Devalcpe~: Dfr.Pc?SY p1l~crr»e ~ wg+tG WotzkS P, o. Box 9033 TEt~Ecu~A ~_A 92Sf~A-9033 APPENDIX "L" 11. This Agreement contains all of the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, shall be deemed to exist or to bind the parties hereto unless hereafter duly placed in writing and executed by the undersigned. APPENDIX "L" RANCHO CALIFORNIA WATER DISTRICT By: General Manager Date: DEVELOPER Company: Cat v dF '(1E~A~r ~_~ ~ ~ q By: Name: Title: Date: APPENDIX "L" ' 3 ~gy~V9 or ~"q~ 9. 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Ya ~YYYBYY~YC.=gYtYBt I I I I I II I~ 3` I tl fl, I I I I ~~.~o..mo~_iMlia'a't ±n.e e•1_ _ e _ ® ---'~ ~RX~R a~ --- a¢ao srlacr a ~~~~ ~ ~, i J '~ f~~av u :- o: a B $ I r ,~ a._a S u I yV d~t~ a Ft ~ rs_Pt ITEM N~}. 14 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Cooperative Agreement with the County of Riverside to Mitigate Traffic Impacts in Western Riverside County - 2008 Status Report (at the request of Mayor Naggar) PREPARED BY: William G. Hughes, Director of Public Works RECOMMENDATION: That the City Council receive and file a status report on the Cooperative Agreement between the City of Temecula and the County of Riverside to Mitigate Traffic Impacts in Western Riverside County. BACKGROUND: On November 5, 2003, the Cityfiled legal action against the County of Riverside challenging the validity of the County's new General Plan and EIR for the unincorporated areas of Southwest Riverside County. The City contended that the County's General Plan failed to mitigate significant traffic impacts and failed to provide the necessary roadways to serve the proposed dwelling units. On April 12, 2005, the City and County resolved their differences and entered into a "Cooperative Agreement" ensuring that traffic impacts will be mitigated in Southwestern Riverside County. The Cooperative Agreement established the frame work for the County to condition residential subdivisions to be part of funding mechanisms (such as a Community Facilities Districts (CFD)) to construct the roadway improvements within the "I-215 Policy Area." On January 30, 2007, the Cooperative Agreement was amended to clarify implementation of the Cooperative Agreement and enhance the timely delivery of the roadway improvements. The amendment further modified the original I-215 Policy Area, and included the establishment of certain sub-areas. The Cooperative Agreement and Exhibits are attached. STATUS REPORT: Today, the Cooperative Agreement continues to be a major influence in the delivery of transportation infrastructure concurrent with development in Southwest Riverside County. As required by the Cooperative Agreement, the County of Riverside has amended the County General Plan to establish the I-215 Policy Area. The I-215 Policy Area specifies development areas that must ensure funding and construction of major roadways concurrentlywith residential development. The Cooperative Agreement specified a list of priority circulation projects, all of which are actively being pursued. Attachment 4 is a County of Riverside Project Status Map that indicates the current status for major transportation projects in Southwest Riverside County. There are two dozen major transportation projects valued at over $700 million dollars completed or underway. The following table summarizes the current status of the priority projects identified in the Cooperative Agreement as Priority 1 projects. These projects were originallytargeted for completion in 2009, and as indicated below all have made significant progress. Cooperative Agreement "Priority 1 Improvements" Status Newport Road 1) Road Improvements completed from Menifee to SR 79 N. 2) The Newport /l- 215 Interchange upgrade to be presented to the Board of Supervisors next month for approval within a second CFD for funding the Interchange. 3) Interchange upgrades scheduled 2010. Scott Road 1) The CFD formed; construction contracts have been awarded for four lanes from Antelope Road to Briggs Road. 2) The Scott / I-215 Interchange Interim Ramps are complete. 3) Additional Interchange upgrades scheduled 2011. Clinton Keith Road 1) The CFD is formed, right-of-way is being acquired, and construction scheduled in the Winter 2009. inchester Road Phase I 1) Various traffic signal and safety improvements complete 2) Pourroy Road to Thompson Road widening out to bid 3) Domenigoni to Pourroy widening seeking environmental approvals. Construction is scheduled for Fall 2009. Freeway Strategic Study 1) Phase I & II Studies complete. 2) RCTC Implementation subcommittee to be formed. The County and City have been successfully working with the Riverside County Transportation Commission (RCTC) to complete Phases I & II of the Freeway Strategy Studyfar Western Riverside County. This study identifies all of the future freeway improvements necessaryto meet the region's needs. RCTC is forming an ad hoc committee to further define funding sources for the freeway expansions. In addition to the specific goals set forth in the Cooperative Agreement, the City has been very encouraged with the County's renewed effort to condition County development projects far appropriate transportation mitigation outside of the required I-215 Policy Area. FISCAL IMPACT: NA ATTACHMENTS: 1. 2005 Priority Phasing Plan (Exhibit "C") 2. Cooperative Agreement (dated 411212005) 3. Amendment No. 1 to the Cooperative Agreement 4. 2008 Updated County Project Status Map a .~ • ~ ~ ~ ~ ~ W~ S~ 0 . ,~ a Q Q Q w ~ ~' w w w w ~ ~ ~ ~ ~ ~ ~ ~-, ~ ~ ~ ~ ~ Q Q Q H ~~ ~ H H ~ ~ ~ °' U U U ~ °' a ~ ~ <C ~ ~ ~ ~' o 0 0 ~ ~; a ~ ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ~ w U o w 0 a 0 w ~ ~ ~, ~ U ~ ~ ~ ~ ~ ~ ~ ~ a~ z M a1 '~ ~ ~ ~ 00 o O N ~ OI O ~ O O O N ~--~ N ~ N btl O O ~, ~n O ~ O O O ~ ~ ~ ~ , ~ ~ O N N H ~ ~ O ~ U o0 0~ ~o ~o r? ° ~ N M °M° ~ ° o a o x ~n o cn ~ ~ T ++ N ~ ~ ~ N ~ ~ _ O p) ~ .~-. N ~ ~ ~ 00 O O +' r fC In N Q1 O = ~ d7 ~ \O O ~ 00 ' N ~~ +' ~ N ~ O '~' O ~ N~ r N~ ` C~ ~ ~ ~ N C O i--~ ~ ~ 6~ _ ~ J+ L ~ N C ~ ~ N ~' +O+ O ~ ,C i fIS ~ - U) N CO +-~ ,-i N ~n ~ U ~ L L ~ ~ -N C ~ ~ p) +N+ C C O ~ ~ t6 L Qf tll ~U ~ ~ ~ ~ _ Ga ~ i-i .~ ~ fU ,,-:,, ~ ~ ~ O ~ . O ~ ~ _ ~ ~ ~ ~ ~~~ ~ ° ~ ~Z d rn ~ ~ ~ O cv ~ a~ m ~ ~ ~ ~. ~ Ud ~ '~' Q1 ~ ~ "- U Q1 ~ . N p tS3 ~ ~ N RS N N RS CC ~ Cd ~ ~~ ~~ or s ~ L.= ~T a.~ ~ s a s o a,~ ~ ~Q c~ ~a, ~~ u~ n. a~ ~ ~ tin ~ a a ti,o ~ ~ _ p -: ~ ~ >+ ~ U ~ 4 vs ~ 0 p . C O O ~ 7+ lC3 p y 0 O y y y -i ~ L (iS ~ ~ L L r~ 4" ~ ,--i f3 "'' ~ O ~ 7+~ ~ N t~ C W ~ U N N ~ ~ ~ - ~ ~ O O~t ~ ~ L~ ~ ~ r i a~ ~ C ' c3 O C ~ ~ ~ '~ N ~ C C ~ -~ ~ i ~ ~ ._ ~ U O ~ ._ ~ .~ Q ~ ~ L ~ ~ ~ ~ i..i ~" y i..i y ~ ~" y Sr O ~i ~ O ~ ~ O~ N rn N \O rn O ~n O ~ ~~ O a ~ o ~--~ O ,-~ o ~ 0 N 0 N 0 N 0 M 0 ~ ~ W o U ~ ~ ° ~ ~ o ~ 0 ~a~'~ p ~ N M ~' ~!l ~O l"~ 00 01 .~ a 0 G~ '~ O E~ O "~ .~ r..~ a 0 .~ N 'L3 'L U .~ N N w a~ 4-~ a O 0 U N T3 N N U O a an .~ .~ w H O ~. ._.;- COOPERATIVE AGREEMENT BETWEEN THE CITY OF ~`?'`) TEMECULA AND THE COUNTY OF RIVERSIDE TO MITIGATE TRAFFIC IMPACTS IN WESTERN RIVERSIDE COUNTY This Agreement is made and entered into as of April ~a, 2005 by and between the City of Temecula, a municipal corporation ("City"), .and the County of Riverside, a public subdivision of the State of California ("County"). In consideration of the mutual promises set forth herein, the City and County agree as follows: ARTICLE 1 RECITALS -`J This Agreement is made for the following purposes and with respect to the following facts, which the City and County agree to be true and correct: 1.1 Since 1999, the County has been engaged in a project known as the Riverside County Integrated Project (the "RCIP"), which initially consisted of proposals for the Community and Environmental Transportation Acceptability Process (the "CETAP"), the Western Riverside County Multi-Species Habitat Conservation Plan ("MSHCP"), and an updated general plan to replace the County general plan adopted in 1984. The CETAP has not yet been adopted. The MSHCP has been adopted by the County and the member agencies. The State and Federal agencies have also approved the MSHCP and issued the necessary permits for the MSHCP. 1.2 On October 7, 2003, the County adopted its Resolution No. 2003-487, approving a new General Plan (the "General Plan") to replace the prior general plan approved in 1984 and adopted Resolution No.. 2003-488 adopting and certifying a Final Environmental Impact Report for the General Plan ("FEIR"). The General Plan designates land uses for the unincorporated areas of the County. The General Plan also describes the infrastmcture necessary to serve the designated land uses. 1.3 The City is located in southwestern Riverside County. Two major highways traverse the City, State Route 79 North (Winchester Road) and State Route 79 South, and connect to Interstate 15. The City has improved these roads from two lanes to six lanes in order to accommodate the growth within the City. These roads also serve the unincorporated areas of the County surrounding the City. 1.4 During the public hearing process, the City commented extensively on the proposed General Plan. The City contends, among other things, that the General Plan fails to adequately provide for construction of the traffic improvements required to serve the dwelling units proposed by the General Plan and, therefore, fails to mitigate the traffic impacts created by the General Plan; that the General Plan deficiencies are of particular concern to the City because traffic generated in the Southwest area of the County will severely impact the City unless certain 779861.6 April 1, 2005 ~; .~ traffic improvements are built concurrently with the proposed dwelling units; and that no °'''~`'1 adequate mechanism exists in the General Plan to ensure that traffic mitigation measures identified in the General Plan and the FEIR are. in place before the dwelling units creating the need for the mitigation measures are constructed. The County disputes the City's contentions. 1.5 On November 5, 2003, the City filed a Petition for Writ of Mandate in Riverside Superior Court challenging the legality and validity of the General Plan and the FE1R. The action is entitled "City of Temecula v. County of Riverside; Board of Supervisors of the County of Riverside," Riverside County Superior Court Case No. RIC 402766 ("Litigation"). The County disputes the City's contention that the General Plan and FEIR are invalid. 1.6 Despite their differences in the Litigation, the City and County desire to cooperatively work together in an effort to. improve the highway infrastructure in Western Riverside County for the benefit of all current and future residents of the County. The City and County acknowledge that providing adequate traffic infrastructure for Western Riverside County involves complex engineering, environmental and financial challenges requiring the full cooperation of all federal, state and local governmental agencies, but will provide substantial public benefits for the City, County and the people living and working in the City and the County. 1.7 This Agreement sets forth the framework for a major cooperative effort by the City and the County to provide the traffic infrastructure required for new housing development in Western Riverside County before the creation of actual traffic impacts. 1.8 This Agreement specifically addresses impacts of the General Plan on Major Arterial Roads in Southwest Riverside County in the specific area to be known as the "I-215 Policy Area." This Agreement also specifically addresses impacts of the General Plan on freeways in the "Western Riverside County Area". For the purposes of this Agreement, the "I- 215 Policy Area" shall be the area described in and shown on Exhibit A and the "Westem Riverside County Area" shall be the area described in and shown on Exhibit D. 1.9 The terms described below shall have the following meanings unless otherwise noted in the Agreement: 1.9.1 "Apnronriately formed and fully funded financing mechanism" is defined in Section 2.3.4 and Section 3.3.4 and shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed and which is fully funded to provide for the immediate construction of the ~vlajor Arterial Roads required to mitigate project-related traffic impacts. "Aonronriately formed financing mechanism" is defined in Section 2.3.4 and Section 3.3.4 and shall mean a community facilities district, assessment district, or similar infrastructure fmancing mechanism, which has been formed to provide for the construction of the Major Arterial Roads required to mitigate project-related traffic impacts. 1.9.2 "Best .efforts" Countv is defined in Section 23.2 and Section 2.3.7. As used in Section 2.3.2, "best efforts" shall mean-that the County shall initiate proceedings to amend the General Plan as described in Section 2.1 and shall diligently process the proposed 779861.6 April 1, 2005 2 General Plan Amendment to completion in accordance with all applicable laws, subject to the County's legislative discretion as more particularly described in Section 2.3.5. As used in Section 2.3.7, "best efforts" shall mean that the County shall, at the time an appropriately formed financing mechanism is in place and sufficient funds are available, diligently undertake, without unnecessary delay, all the actions required to enable construction of the Major Arterial Roads, including, but not limited to, preparing and processing the required environrnental documentation, design documentation and plans and specifications. As used in Section 2.3.7, "best efforts" shall further mean that the County shall,. at the time an appropriately formed and fully funded financing mechanism is in place, diligently initiate and complete construction of the -Major Arterial Roads. 1.9.3 "Best efforts" Citv is defined in Section 3.3.2, and shall mean that the City shall initiate proceedings to amend the General Plan as described in Section 3.1 and shall diligently process the proposed General Plan Amendment to completion in accordance with all applicable laws, subject to the City's legislative discretion as more particularly described in Section 3.3.6. 1.9.4 "City" shall mean the City of Temecula. 1.9.5 "City General Plan Amendment" shall mean the proposed amendment to the Temecula General Plan described in Section 3.1. 1.9.6 "City Land Use Applications" is defined in Section 3.3.3 and shall mean any applications on which the City Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which, would authorize or conditionally authorize the construction of dwelling units within .the City, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits. 1.9.7 "County" shall mean the County of Riverside. 1.9.8 "_County General Plan Amendment" shall mean the proposed amendment to the Riverside County General Plan described in Section 2.1. 1.9.9 "County Land Use Auplications" is defined in Section 2.3.3 and shall mean any applications on which the County Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which, would authorize or conditionally authorize the construction of dwelling units within the I-215 Policy Area, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits. 1.9.10 "Effective date of this Agreement" shall mean the date described in Section 6.11. 779861.6 April 1, 2005 __ ,, 1.9.11 "General Plan" shall mean the Riverside County General Plan approved by Resolution No: 2003-487 of the Board of Supervisors of Riverside County on October 7, 2003. 1.9.12 "Freewavs" shall mean the I-15 Freeway and the I-215 Freeway within the Western Riverside County Area. 1.9.13 "Freewav Action Plan" shall mean the action plan described in Section 4.4 which shall be negotiated by the City and County following receipt of the Freeway Strategic Study. 1.9.14 "Freewav Strategic Studv" shall mean the study described in Section 4.1 to set specific goals for the development of the freeway capacity necessary to meet the traffic generated by new housing development in the Western Riverside County Area. and to establish the framework for the joint efforts of the City, County, and other federal, state and local agencies to implement the goals and establish the necessary freeway capacity. 1.9.15 "I-215 Policy Area" is defined in Section 1.8 and shall mean the area in Southwest Riverside County described in and shown on Exhibit A. 1.9.16 "Litieation" shall mean the Petition for Writ of Mandate filed by the City on November 5, 2003 in Riverside Superior Court, entitled "City of Temecula v. County of Riverside; Board of Supervisors of the County of Riverside," Riverside County Superior Court Case No. RIC 402766, challenging the legality and validity of the General Plan and the FEIR: 1.9.17 "Major Arterial Roads" is defined in Section 2.3.1 and Section 3.3.1 and shall mean those roadway projects identified in Exhibit B. 1.9.18 "Priority Phasing Program" shall mean the program described in Exhibit C. 1.9.19 "Western Riverside County Area" shall mean the area described in and shown on Exhibit D. ARTICLE 2 MEASURES TO MITIGATE THE IMPACT OF NEW HOUSING DEVELOPMENT ON COUNTY ARTERIAL ROADS AND HIGHWAYS 2.1 The County shall use its best efforts to amend the General Plan so that it contains: (1) a policy indicating that the Major Arterial Roads within the I-215 Policy Area shall be constructed and completed concurrently with the construction of the dwelling units creating the demand for the Major Arterial Roads; and (2) a requirement that all land use applications approved by the County within the I-215 Policy Area ("County Land Use Applications") shall contain a condition, in addition to all other appropriate conditions, that building permits shall not 779861.6 April 1, 2005 be issued until (a) the subject property is part of an appropriately formed and fully funded .financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project or (b) the subject property is part of an appropriately formed financing mechanism to build the components of the Major Arterial Roads which will mitigate the. traffic impacts of the project and the property owner pays its full proportionate share of the required improvements to the County in trust for the construction of the Major Arterial Roads which will mitigate the traffic impacts of the project or (c) the County otherwise funds or ' constructs the required improvements using money from other sources. The General Plan. Amendments described in this section shall be known as the "County General Plan Amendment " 2.2 All County Land Use Applications approved by the County after the effective date of this Agreement shall contain a condition of approval requiring that building permits shall not be issued until (a) the subject property is part of an appropriately formed and fully funded financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project or (b) the subject property is part of an appropriately formed financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project and the property owner pays his/her/its full proportionate share of the required improvements to the County in trust for the construction of the Major Arterial Roads which will mitigate the traffic impacts of the project or (c) the County otherwise funds or constructs the required improvements using money from other sources. 2.3 The County, to the extent allowed by law, shall facilitate and promote the proceedings necessary to complete processing of the County General Plan Amendment as set forth in Section 2.I and the County shall diligently- process the County General Plan Amendment, including necessary environmental actions without unnecessary delay. 2.3.1 As used in this Agreement, "Major Arterial Roads" shall mean those roadway projects identified in Exhibit B. 2.3.2 As used in Sections 2.1, "best efforts" shall mean that the County shall initiate proceedings to amend .the County General Plan as described in Section 2.1 and shall diligently process the proposed Amendment to completion in accordance with all applicable laws, subject to the County's legislative discretion as more particularly described in Section 2.3.5. 2.3.3. As used in this Agreement, County Land Use Applications shall mean any applications on which the County Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which, would authorize or conditionally authorize the construction of dwelling units within the I-215 Policy Area, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits. 2.3.4 As used in this Agreement, "appropriately formed and fully funded financing mechanism" shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed and which is fully funded to provide 779861.6 April i, 2005 5 for the immediate construction of the Major Arterial Roads required to mitigate project-related °'; traffic impacts.. As used in this Agreement, "appropriately formed .financing mechanism" shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed to provide for the construction of the Major Arterial Roads required to mitigate project-related traffic impacts.. 2.3.5 The Parties understand and acknowledge that, in the context of processing the County General Plan Amendment and the County Land Use Applications, the County cannot guarantee the ultimate outcome of any public hearings before the County Planning Commission or the County Board of Supervisors or other public bodies of the County, nor prevent any opposition thereto by members of the public or other agencies affected by or interested in the County General Plan Amendment and the County Land Use Applications. The Parties further understand and acknowledge that land use regulations involve the exercise of the County's police power and, at the time of .executing this Agreement, it is settled California law that government may not contract away its right to exercise its police power in the future. Avco Community Developers Inc v South Coast Regional Com , 17 Ca1.3d 785, 800 (1976); Ci of Glendale v. Superior Court, 18 Ca1.App.4th 1768 (1993). The parties further understand and acknowledge that the approval of the County General Plan Amendment and the County Land Use Applications may be subject to procedural or substantive obligations under the Califonua Environmental Quality Act, the State Planning and Zoning Law, or other laws potenfially applicable to such approvals. Nothing in this Agreement is intended to constrain the County's consideration of the County General Plan Amendment and the County Land Use Applications in light of the information obtained or developed pursuant to these laws and the County retains the discretion to approve, conditionally approve, or disapprove the County General Plan Amendment and the County Land Use Applications in light of such information. Subject to the foregoing, the County, to the extent allowed by law, shall facilitate and promote the proceedings necessary to complete processing of the County General Plan Amendment as set forth in this section, and the County shall diligently process the County General Plan Amendment, including all necessary environmental actions without unnecessary delay. 2.3.6 The County shall send to the City a public hearing notice for all County Land Use Applications that require a hearing before the County Planning Commission or the County Board of Supervisors. 2.3.7 The County shall use its best efforts to complete the Major Arterial Roads pursuant to the Priority Phasing Program, attached hereto as Exhibit C. As used in this section, "best efforts" shall mean that County shall, at the time an appropriately formed fmancing mechanism is in place and sufficient funds are available, diligently .undertake, without unnecessary delay, all the actions required to enable construction of the Major Arterial Roads, including, but not limited to, preparing and processing the required environmental documentation, design documentation and plans and specifications. As used in this, section "best efforts" shall fiuther mean that the County shall, at the time an appropriately formed and fully funded financing mechanism is in place, diligently initiate and complete construction of the Major Arterial Roads. 779861.6 April 1, 2005 ,. ARTICLE 3 MEASURES TO MITIGATE THE IMPACT OF NEW HOUSING DEVELOPMENT ON CITY ARTERIAL ROADS AND HIGHWAYS 3.1 The City shall use its best efforts to amend the City's General Plan so that it contains: (1) a policy indicating that the Major Arterial Roads within the City shall be constructed and completed concurrently with the constmction of the dwelling units creating the demand for the Major Arterial Roads; and (2) a requirement that land use applications approved by the City within the City ("City Land Use Applications") shall contain a condition, in addition to all other appropriate conditions, that building permits shall not be issued until (a) the subject property is part of an appropriately formed and fully funded financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project or (b) the subject property is part of an appropriately formed financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project and the property owner pays its full proportionate share of the required improvements to the City in trust for the construction of the Major Arterial Roads which will mitigate the traffic impacts of the project or (c) the City otherwise funds or constructs the required improvements using money from other sources. The City General Plan Amendments described in this section shall be known as the "City General Plan Amendment." 3.2 All City Land Use Applications approved by the City after the effective date of this Agreement shall contain a condition of approval which requires that building permits shall not be issued until (a) the subject property is part of an appropriately formed and fully funded financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project or (b) the subject property is part of an appropriately formed financing mechanism to build the components of the Major Arterial Roads which will mitigate the traffic impacts of the project and the property owner pays his/her/its full proportionate share of the required improvements to the City in trust for the construction of the Major Arterial Roads which will mitigate the traffic impacts of the project or (c) the City otherwise funds or constmcts the required improvements using money from other sources. 3.3 The City, to the extent allowed by law, shall facilitate and promote the proceedings necessazy to complete processing of the City General Plan Amendment as set forth in Section 3.1, and the City shall diligently process the City General Plan Amendment, including necessazy environmental actions without unnecessary delay. 3.3.1 As used in this Agreement, "Major Arterial Roads" shall mean those roadway projects identified in Exhibit B. 3.3.2 As used in Sections 3.1, "best efforts" shall mean that the City shall initiate proceedings to amend the City General Plan as described in Section 3.1 and shall diligently process the proposed Amendment to completion in accordance with all applicable l laws, subject to the City's legislative discretion as more particularly described in Section 3.3.5. 779861.6 April 1', 2005 mil, ~' 3.3.3 As used in this Agreement, City Land Use Applications shall mean any applications on which the City Planning- Commission has not taken final action as of the effective date of this Agreement, the approval of which, would authorize. or conditionally authorize the construction of dwelling units within the City, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits. 3.3.4 As used in this Agreement, "appropriately formed and fully funded financing mechanism" shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed and which is fully funded to provide for the immediate construction of the Major Arterial Roads required to mitigate project-related traffic impacts. As used in this Agreement, "appropriately formed financing mechanism" shall mean a community facilities district, assessment district, or similar infrastructure financing mechanism, which has been formed to provide for the construction of the Major Arterial Roads required to mitigate project-related traffic impacts.. 3.3.5 The Parties understand and acknowledge that, in the context of processing the City General Plan Amendment and the City Land Use Applications, the City cannot guarantee the ultimate outcome of any public hearings before the City Planning Commission or the City Council or other public bodies of the City, nor prevent any opposition thereto by members of the public or other public agencies affected by or interested in the City General Plan Amendment and the City Land Use Applications.. The Parties further understand and acknowledge that land use regulations involve the exercise of the City's police power and, at the time of executing this Agreement, it is settled California law that government may not contract away its right to exercise its police power in the future. Avco Community Developers Inc v South Coast Regional Com , 17 Cal.3d 785, 800 (1976); City of Glendale v Superior Court, 18 Ca1.App,4th 1768 (1993). The parties further understand and acknowledge that the approval of the City General Plan Amendment and the City Land Use Applications may be subject to procedural or substantive obligations under the California Environmental Quality Act, the State Planning and Zoning Law, or other laws potentially applicable to such approvals. Nothing in this Agreement is intended to constrain the City's consideration of the City General Plan Amendment and the City Land Use Applications in .light of the information obtained or developed pursuant to these laws and the City retains the discretion to approve, conditionally approve, or disapprove the City General Plan Amendment and the City Land Use Applications. in light of such information. Subject to the foregoing, the City, to the extent allowed by law, shall facilitate and promote the proceedings necessary to complete processing of the City General Plan Amendment as set forth in this section, and the .City shall diligently process the City General Plan Amendment, including all necessary environmental actions without unnecessary delay. 3.3.6 .The City shall send to the County a public heating notice for all City Land Use Applications that require a hearing before the City Planning Commission or the City Council. 779861.6 April 1, 2005 ~_; ARTICLE 4 ~,: MEASURES TO MITIGATE THE IMPACT OF NEW ROUSING DEVELOPMENT ON WESTERN RIVERSH)E COUNTY AREA FREEWAYS 4.1 The City and the County shall jointly request that the Riverside County Transportation Commission ("RCTC") prepare a Freeway Strategic Study for the Westem Riverside County Area which shall examine the freeway capacity, set specific goals for the development of the freeway capacity necessary to accommodate the trips generated by new housing development and establish the framework for the joint efforts of the City, County and other federal, state and local agencies to implement the goals and establish the necessary freeway capacity: The Joint Request for the Freeway Strategic Study shall ask that the Freeway Strategic Study be completed within four (4) months of the date of submittal of the Joint Request. The Joint Request shall be submitted to RCTC within thirty (30) days of the effective date of this Agreement. The parties authorize the Mayor of the City and the Chairperson of the Board of Supervisors to execute the Joint Request on behalf of their respective agencies. 4.2 The Freeway Strategic Study shall specifically study and analyze the following issues: (1) the current. capacities of the freeways within Western Riverside County Area ("Freeways"); (2) the projected traffic growth projections for the Freeways as of January 1 in the years 2010, 2015, 2020, 2025. and 2030, based upon assumptions concerning the build-out of new housing as described in Exhibit E; (3) the percentage of traffic growth for the Freeways in those years attributable to new housing development in the Western Riverside County Area; (4) the currently proposed improvements for the Freeways; (5) the current funding options for the currently proposed improvements for the Freeways; and (6) the potential funding sources For improvements necessary to meet the projected traffic growth for the Freeways at build-out of the Western Riverside County Area. 4.3 The City and the County shall share equally in the costs. incurred by RCTC in preparing the Freeway Strategic Study. 4.3.1 The County shall invoice the City for the City's share of the RCTC costs and the City shall pay such invoice within thirty (30) days of the date the invoice is deemed given under Section 6.7 of this Agreement. 4.3.2 During the course of RCTC's work on the Freeway Strategic Study, the City, the County and RCTC staff shall meet monthly to discuss the progress of the work and to review any additional work which may need to be undertaken by the consultant. 4.4 Following completion of the Freeway Strategic Study, the City and County shall meet and negotiate in good faith to develop a Freeway Action Plan for funding the freeway improvements necessary to meet the expected demand as determined by the Freeway Strategic Study. As part of the development of the Freeway Action Plan, the City and the County shall also form a Freeway Task Force composed of private and public stakeholders to build consensus 779861.6 April 1, 2005 ~,_.- ~- and secure participation of other Western Riverside County Area Cities in the Freeway Action Plan. The Freeway Task Force shall specifically include, .but shall not be limited to, a representative from each of the following: the City and the County, RCTC, the Western Riverside Council of Governments ("WRCOG"), the development community and the environmental community. 4.5 In the event a third party files litigation concerning the Freeway Strategic Study or the Freeway Action Plan, or any portion thereof, the City and the County shall share equally in the costs of defending the litigation, provided the City's shaze shall not exceed the maximum sum of one hundred fifty thousand dollars ($150,000.00). 4.6 Ad hoc subcommittees of the City Council and the County Board of Supervisors, along with their staffs, shall meet monthly to review the progress of the proposed General Plan Amendment (Section 2.1), the conditions of approval for the County and City Land Use Applications (Section 2.2 and Section 3.2) and the Freeway Strategic Study (Section 4.1). ARTICLE 5 SETTLEMENT OF LITIGATION 5.1 The City shall dismiss without prejudice the Litigation within twenty- five (25) days of the effective date of this Agreement, subject to the City's right to refile the Litigation as j provided in this Agreement. 5.2 The City shall have the right to refile the Litigation; subject to the provisions of Sections 5.2.1 through 5.2.6, inclusive, in the event that: (1) the County does not, within three (3) months of the effective date of this Agreement, complete the staff work required for the County General Plan Amendment, including necessary environmental documentation, and set a public hearing date before the Planning Commission; (2) the County does not, for any reason, adopt the County General Plan Amendment within nine (9) months of the effective date of this Agreement; or (3) the County does riot adopt the jointly developed Freeway Action Plan described in Section 4.4 within one (1) year after completion of the Freeway Strategic Study described in Section 4.2. 5.2.1 The City's right to refile the Litigation shall expire one (1) year and thirty (30) days after completion of'the Freeway Strategic Study. As used in this Agreement, "completion of the Freeway Strategic Study" shall mean the date RCTC transmits the final version of the Freeway Strategic Study to the City Council and the County Board of Supervisors. 5.2.2 In the event the City exercises its right. to refile the Litigation, the refiled lawsuit shall not challenge the General Plan except with respect to the analysis of traffic impacts, including mitigation measures associated with such impacts, within the Third Supervisorial District of the County, as that District was configured on the effective date of this Agreement. 5.2.3 The prayer clause in the refiled Litigation shall request relief only with respect to the General Plan as it applies and relates to traffic impacts within the Third 779861.6 April 1, 2005 10 ~. ~, - ,-, Supervisorial District. The prayer clause shall specifically state that the City. does not request that the Court set aside the General Plan in its entirety. All pleadings, briefs, arguments and proposed orders filed by the City addressing the scope of relief, including proceedings pursuant to Public Resources Code Section 21168.9, shall be consistent with this provision. 5.2.4 The County specifically agrees that the City shall have the right to refile the Litigation pursuant to the terms of this Agreement notwithstanding the applicable statute of limitations governing legal challenges to the General Plan and agrees to toll the statute of limitations for a legal challenge to the General Plan so as to enable the City to exercise its rights under this Agreement. Pursuant to this Agreement, the County does not toll or waive the defense of the statute of limitations as to any persons, agencies or entities other than the City. 5.2.5 The County further agrees, on behalf of itself and any .successors or assigns, that in the event the Litigation is refiled the County will not raise any applicable statute of limitations as a defense to the refiled Litigation and will allow the City to proceed with prosecution of the refiled Litigation subject to the restrictions set forth in this Agreement. 5.2.6 Subject to the restrictions set forth in Section 5.2.2 and Section 5.2.3, nothing herein is intended to, nor shall it be construed to, prohibit the City from challenging a project approved by the County on the grounds that the project fails to comply with the California Environment Quality Act, or other laws.. 5.3 If the County adopts the jointly developed Freeway Action Plan, then, and only then, shall Sections 5.3.1 through 5.3.6 become operative. As used in this Agreement, "adopts the jointly developed Freeway Action Plan" shall mean the County adopts a resolution approving the Freeway Action Plan. The County is'not required to adopt or otherwise implement the specific measures described in the Freeway Action Plan in order to obtain the benefits conferred by Sections 5.3.1 through 5.3.6. 5.3.1 Within twenty (20) days after the County adopts the jointly developed Freeway Action Plan, the City shall file with the Court a request for dismissal, with prejudice, of the Litigation. 5.3.2 Each party shall. bear its own attorney fees and expenses in the Litigation. 5.3.3 In consideration of the promises of the. parties specified in this Agreement and the satisfaction of the conditions for settlement, the parties shall fully and forever release, acquit, and discharge each other, their officers, elected. officials, attorneys, sureties, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors, successors- in-interest, assigns, and all persons acting by, through, under or in concert with them of and from any and all past, present, or future claims, demands, obligations, actions, causes of action, including those for damages, injunctive or declaratory relief, or for relief by way of writ of mandate, for costs, losses of service, expenses, liability, suits, and compensation of any nature whatsoever, whether based on tort, contract, or other theory of recovery, known or unknown, that they now have, have had, asserted or could have asserted in the Litigation or otherwise relate to the alleged actions or inactions. of the County with respect to the Litigation. Nothing contained 779861.6 April 1, 2005 11 `. , ~, herein shall relieve any party hereto of its continuing obligations imposed by law or by the '' provisions of this Agreement, including, without limitation, the Judgment in the case of Endangered Habitats League v. County of Riverside (Domenigoni-Barton Properties), Riverside County. Superior Court Case No. RIC 369801, consolidated with City of Temecula v. County of Riverside (Domenigoni-Barton Properties) Riverside County Superior Court Case No. RIC 369989. 5.3.4 The parties hereto acknowledge that they are familiar with Section 1542 of the California Civil Code which provides: "A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The parties being aware of the aforesaid code section, each hereby expressly waives any rights they might have hereunder. This release shall not operate to release any claims the parties may later have for the enforcement of the obligations created by this Agreement. 5.3.5 The City warrants and represents to the County that it has not assigned, conveyed or otherwise transferred any of its rights to the claims described in or arising out of the Litigation to any other person, entity, firm or corporation not a partyto this Agreement, in any manner, including by way of subrogation or operation of law or otherwise. In the event that any claim, demand or suit is made or instituted against the County because City made an actual assignment or transfer, City agrees to indemnify and hold the County harmless against such claim, and to pay and satisfy any such claim, including necessary expenses of investigation, reasonable attorneys' fees and costs. 5.3.6 The County warrants and represents to the City that the execution and delivery of this Agreement by County will not (i) violate any judgment, order, injunction, decree, regulation or ruling of any court or governmental entity or (ii) conflict with, result in a breach of, or constitute a default under any material agreement or instrument to which the County is a party or by which the County may be bound. ARTICLE 6 MISCELLANEOUS 6.1 This Agreement contains the complete expression of the whole .agreement between the parties hereto, and there are no promises, representations, agreements, warranties or inducements, either expressed verbally or implied, except as are fully set forth herein. This Agreement cannot be enlarged, modified, or changed in any respect except by written agreement between the parties. 1 6.2 Each and all of the covenants, conditions and restrictions in this Agreement shall 779861.6 April 1, 2005 12 -_ ~, V; inure to the benefit of and shall be binding upon the parties, their successors-in-interest, agents, representatives, assignees, transferees. 6.3 No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either expressed or implied) is intended nor shall it be construed to confer upon any person or entity, other than the City and the County, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 6.4 In entering into this Agreement, the parties represent that they have relied upon the legal advice of their attorneys, who are the attorneys of their own choice,'and that these terms are fully undertaken and voluntarily-accepted by them. The parties further represent that they have no question with regard to the legal import of any term, word, phrase, or portion of this Agreement, or the Agreement in its. entirety, and accept the terms of this Agreement as written. 6.5 .The parties hereto represent and warrant to each other that they have full authority to execute this Agreement. 6.6 The headings employed to identify the provisions contained herein are solely for the convenience of the parties to this Agreement. If any ambiguity appears in either the headings or the provisions attendant thereto, such ambiguity shall not be construed against any party to this Agreement on the grounds that such party drafted this Agreement. 6.7 Except as otherwise expressly provided by law, any and all notices or other communications required or pernutted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed or to any officer of that party, or, in lieu of personal service, on the third business day following deposit in the United States mail, certified, postage prepaid, addressed to: County of Riverside County Administrative Center 4080 Lemon Street Riverside, California 92501 Attention: Transportation Land Management Agency Director City of Temecula Post Office Box 9033 43200 Business Park Drive Temecula, California 92589-9033 Attention: City Manager 6.8 If any litigation is commenced between the parties to this Agreement concerning the rights and duties of either in relation to this Agreement, the prevailing party shall be entitled to, in addition to any other relief that maybe granted in the litigation, reasonable attorneys fees as determined by the court presiding over the dispute. 779861.6 April 1, 2005 13 ~~ 6.9 The following Exhibits to this Agreement are incorporated herein as though set forth in full: Exhibit A I-215 Policy Area Exhibit B Major Arterial Roads Exhibit C Priority Phasing Program Exhibit D Western Riverside County Area Exhibit E Assumptions of Build-Out of I-215 Policy Area 6.10 This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. 6.11 The effective date of this Agreement is the date the parties sign the Agreement. If the parties sign the Agreement on more than one date, then the last date the Agreement is signed by a party shall be the effective date. 779861.6 April 1, 2005 14 IN WITNESS WHEREOF, the undersigned have executed this Agreement in the State of California. CITY OF TEMECULA Mike Naggar Mayor Pro Tempore Attest: Su Jones, City Jerk . Approved as to Form i Peter M. Thorson City Attorney 779861.6 April 1, 2005 15 __ ~..- COUNTY OF RIVERSIDE anon Ashley ~J~~~ Chairman, Board of Supervisors Attest: Nancy Romero, Clerk to Board of Supervisors Approved as to Form William C. Katzenstein, County Counsel BY~~ ~~~ Katherine Lind Deputy County Counsel 779861.6 April 1, 2005 16 ,' . ~ a~ 1 _O •~ ~a - W tc~ ~~ ~~ N ~~ ~ r ! f l _ __ ~~ e"~ 4 ~1~ \ u. I L.~ J t_ J `~ 1 7 Vii. ~~> ~`' ~~`l,%~~-~j~ .~ n VJ u .. ~ .1~: ~r ~ ~ '.. 'f / ~ a~ ' _ -.` ~ °/ a~ ~_ r, .~„ ~/ ~`' ' yam, v~ ,(~ -~---r a Y F '~ 11~, /'~~~rF~r~`S i {7 h t~ ~ '`- ` ~ ~'.1 rn $ 222 {j@eFa a Y` K Y >'v v~. t ~ t~ ~ ~ a s T4 5 u4 6 9 _ ~ .,~ ,~` ~`'~~~' "' w~t;""t},~. ~}~~ ~., 3 ~''~' a~ ~€ EYE st ~n y EXHIBIT "B" MAJOR ARTERIAL ROADS Newport Road, including Interchange at I-215 and roadway improvements from Goetz Road to Winchester Road (SR 79S). Scott Road, including Interchange at I-215 and roadway improvements from I-15 to Winchester Road (SR 79N). Clinton Keith Road, including Interchange at I-15 and roadway improvements from I-15 to Winchester Road (SR,79N). Winchester Road Phase I, from Murrieta~Hot Springs Road to Domenigoni Parkway to 4 lanes. Winchester Road Phase II, 4 to 6 lanes. Winchester Road Phase III, 6 to 8 lanes. R:ipylel2l)OSW,rtedal Roads Exhibit w U ~.+ ..Q N W ;~ i , . v u IL ~ W L ~ Qi , C ~ ``y A ~ N ~ N ~ ~ a~ ti Y ° ' W W w d ~ V~ y rn ~ p U U U ~ °' a ~ ~ ~ ~ d ~ ~ o ~ ' abi o v v ~ ~ o : o '~ v ` v ' ~ o ` 0 0 a ~ ~ ~ QQ U a a a ~ ~U ~ ~ ~ ~ ~ M p~ ~p ~p O N - ~ O ~ Er M et V ~ ~ ~ N ~ N ~ Y ~ ~ ~ ~ o~ C ~ ~ o ti 0 0 o 0 ~ • -" ~ O. N N M y,y ~ C r7 i O +.+ O ~ ~ U ~ ~ ~ ~ ~ ' ° N ° ° ° ° N m c n N ~t - ,~ E ~ I ~ gyp. V ~ S ~ p>'j NN ++ N~ lc6 y f0 O C .~: C ~ cd p w0 ~N `nt tu° =v 3~ m ~p c ~ 00 C N = N V c ~~ N p C r 4' p [n p ~ vi N .-r O ~.' ~' 1 O ~ 0 R O . U ~ N ~ C ~ ~ fc0 00 ~ ~ t > „ m ~ ~ a' ~ ~ _ ~ ~ ~ fi Vl U ' ~ ~ = f0 (/~ N ~ . r '..' N y 'v C C N D C O N~ d p1 C ry _ h v y~ p. ~> h , U ~ y C R t N N `~ W d N d N tQ i Q N ~'..' of ~ ~ ~ O`d• ~ ZAG ~ .p Q. = N ~ V C ~ Or v J~ ~ p~. tQ s to r .a a iy pr$ .C N o+ a o-~ c~ o `B tin to cn ~ d p a; ~ _ b ~,. a a ~ o ... ~ ~ v =m o v RO ep uNiL .go v t a .~~, .g . • p la0 >, O c O Z ~ N O O .p. ~ >, to A c d U O O Y d~ y ~+ l R oto~ o`_rn w3~ v m_ ao '?p, ~ ~ ^o :e o ^ovi'' ~L N N ~ ~ ~ C ~ O N Q Q' N~ CAL = ~ L'~ EL taU s = ea ~ a ~ ~ 1# ~ i . C ' O N W p C O c N ' N +d+ ~ ~ vi t) t) '~ ~ vi ~ ~ j _ ~ D S o ~ f p' _ _ SSC ~ C c d ~ ~ N N N C C ~j N .r Zt cs A~2 C~ S s ~~ ti~ W~ F~~ ~ ~ f:i W ~ ~i°'E O w i c L O N . ~ N ~ N N N M i t C C4 "" ' ma o N . - N ~ , N • • N N N N N p N , y ~ - t W U .~ a ~ ~ ~ ;+ C7 in r 0 i+ d N O ~ ~ ~ F . .4 ^' N r+~ ' S vl ~ O l ~ oo O, C p. + z CC a U .~ d ~M w O R it RI b R O d .~ d a .F.. ~F+ O 3 N W d e v - 1 b' ' '',~~'I~~' _ `r • \~ I. !-"b ...~SX ll ' ` l r CT r . ! ','r73 i.., ,;~7 ~ {~c: - 4 S !. s ~ ~ t r.. d'-t+C .'.t. 'i 1' ~i ~h 1~1 ~ ~j~~. ~~ L. .a-^~h.. '~t is +h S+ I t n' ' ~ 1 • i ~ ~ l ;i. ~.. ~'. .... W .. ' .: ^~V 1:. r , ~ ' `~ ~ WA~~ Fu1wn '~' ^ .. . 1 rv w..~. s ~i " , . •._L. ~ i .: , ~. ~ a, • i 2~' < S • N y.: ~ f N ~; I I H ~ • '~~ of •,4 ~. 'v u : ,,, , ' ~Kr Exhibit ~`E" Assumptions of Build-out of I-215 Policy Area Dwelling Units Study Area Outside CFDs Total (County Study CFDs Area Areas in Acres 78,314 (72% of Area) 3.1,003 (28% of 109,317 Area Build-Out 72,066 (64% of Units). 39,934 (36% of 112,000 Units Built Units 19,929 (71 % of Built 8,185 (29% of Built 28,114 (Includes un-Built Units) Units) Recorded and Lazge Lots for CFDs Units Remaining 52,137 (62% of 31,749 (38% of 83,886 to be Built Re,»a;n;n Units Remauvn Units t;ounty umncorporated area ,, UOJ2~~ O~S F A i~~~ OgTFT10N OEQ~ George A. Johnson, P.E. Director of Transportation RECEIVED FEB 1 4 200) February 13, 2007 Bill Hughes Public Works Director City of Temecula P. 0. Box 9033 Temecula, CA 92589-9033 CITY OF TEMECULA PUBLIC WORKS DEPARTMENT RE: Amendment No. 1 to the Cooperative Agreement between the City of Temecula and the County of Riverside to mitigate Traffic Impacts in Western Riverside County. Dear Mr. Hughes: Please find enclosed 1 (one) original copy of the Amendment No. 1 to the Cooperative Agreement between the City of Temecula and the County of Riverside to mitigate Traffic Impacts in Western Riverside County for the City of Temecula. Respectfully, Debra L. Piantadosi Secretary II Riverside County Transportation 4080 Lemon St. 8th Floor P 0 Box 1090 Riverside, CA 92502-1090 enclosure COUNTY OF RIVERSIDE TRANSPORTATION AND LAND MANAGEMENT AGENCY Transportation Department 4080 Lemon Street, 8th Floor • Riverside, California 92501 • (951) 955-6740 P.O. Box 1090 • Riverside, California 92502-1090 • FAX (951) 955-3798 ;;ontract No. ~= ~~-~~~=g -liverside Co. Transpottaiion AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE TO MITIGATE TRAFFIC IMPACTS IN WESTERN RIVERSIDE COUNTY This Amendment is made and entered into as of , 200'7 by and between the City of Temecula, a municipal corporation ("City"), and the County of Riverside ("County"), a public subdivision of the State of California ("County"). ARTICLE 1 RECITALS This Agreement is made for the following purposes and with respect to the following facts, which the City and County agree to be true and correct: On April 12, 2005, the City and the County of Riverside entered an agreement entitled: "COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE TO MITIGATE TRAFFIC IMPACTS IN WESTERN RIVERSIDE COUNTY" ("COOPERATIVE AGREEMENT"). The COOPERATIVE AGREEMENT calls, among other things, for the City and the County to implement certain measures to mitigate the impact of new housing development on City and County arterial roads and highways within the boundaries of the I-215 Policy Area. ("The Measures"). The Measures call for the County to condition all County Land Use Applications authorizing the construction of residential dwelling units to be part of an appropriately funded fmancing mechanism (such as a Community Facilities District - CFD) that will build the major arterial road components identified in the COOPERATIVE AGREEMENT. The County has been imposing conditions of approval that implement the requirements of the COOPERATIVE AGREEMENT. Now that the City and the County have been implementing the terms of the COOPERATIVE AGREEMENT for over a yeaz, they have identified modifications to the COOPERATIVE AGREEMENT that will facilitate implementation and enhance the timely delivery of transportation infrastructure. In light of the above, the City and the County hereby wish to amend the COOPERATIVE AGREEMENT as follows: IAN 3 0 206 3. 3~ ARTICLE 2 COOPERATIVE AGREEMENT AMENDMENTS Section 1. Exhibit A to the COOPERATIVE AGREEMENT, referenced in Section 1.8 thereof, is amended as shown in "Revised Exhibit A", which is attached hereto and incorporated herein by this reference. Revised Exhibit A modifies the boundaries of the original I-215 Policy Area to include the following sub-areas: Newport Road/I-215 Interchange CFD -Sub-area A • Scott Road/I-215 Interchange CFD -Sub-area B ^ Clinton Keith Road Extension CFD -Sub-area C Washington Street Construction -Sub-azea D ^ Clinton Keith Road Extension Fee Payment -Sub-area E Newport Road Extension CFD -Sub-area F Newport Road Realignment CFD -Sub-area G The County shall use these sub-areas as a guideline in determining how County Land Use Applications should be conditioned. Section 2. Section 1.9.9 of the COOPERATIVE AGREEMENT is amended to read as follows: "1.9.9 `County Land Use Applications' is defined in Section 2.3.3 and shall mean any applications on which the County Planning Cormnission has not taken final action as of the effective date of this Agreement, the approval of which would authorize, or conditionally authorize, the construction of dwelling units within the I-215 Policy Area, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone- changes, development agreements, subdivision maps and planned development permits. County Land Use Applications shall not include any applications for parcel maps that would result in the creation of four or fewer pazcels, provided that the pazcels created could not be further subdivided without a General Plan amendment. County Land Use Applications shall also not include any applications for minor changes to approved tentative tract maps that would add only one residential unit to the maps." Section 3. Section 2.3.3 of the COOPERATIVE AGREEMENT is amended to read as follows: "2.3.3 As used in this Agreement, County Land Use Applications shall mean any applications on which the County Planning Commission has not taken final action as of the effective date of this Agreement, the approval of which would authorize, or conditionally authorize, the construction of dwelling units within the I-215 Policy Area, including, but not limited to, applications for General Plan amendments, specific plans, specific plan amendments, zone changes, development agreements, subdivision maps and planned development permits. County Land Use Applications shall not include any applications for pazcel maps that would result in the creation of four or fewer parcels, provided that the parcels created could not be further subdivided without a General Plan amendment. County Land Use Applications shall also not include any applications for minor changes to approved tentative tract maps that would add only one residential unit to the maps." 2 Section 4. Anew Section 1.9.19 is added to the COOPERATIVE AGREEMENT to read as follows: "1.9.19 `Subdivision map extension application' shall mean an application to extend the time available to record a final map." Section 5. Anew Section 1.9.20 is added to the COOPERATIVE AGREEMENT to read as follows: "1.9.20 `TUNE' shall mean the Transportation Uniform Mitigation Fee adopted by the Western Riverside Council of Governments and its member jurisdictions (including the City and the County), as subsequently amended." Section 6. Existing Section 1.9.19 is renumbered Section 1.9.21. Section 7. Anew Section 2.2.1 is added to the COOPERATIVE AGREEMENT to read as follows: "2.2.1 To facilitate the formation of financing mechanisms, the County has implemented Section 2.2 of the COOPERATIVE AGREEMENT such that subdivision maps are required to comply therewith prior to recordation of a final map. Notwithstanding the County's implementation procedure, the City and County recognize that certain subdivision maps were tentatively approved prior to adoption of the COOPERATIVE AGREEMENT, but have not recorded for a variety of reasons. Recognizing that substantial time and money have been invested in these maps and that their recordation may be further delayed by the requirements of the COOPERATIVE AGREEMENT as implemented by the County, the County has developed the alternative procedure set forth in Section 2.2.2 that will allow these maps to record while still securing the funding necessary for the needed transportation improvements." Section 8. Anew Section 2.2.2 is added to the COOPERATIVE AGREEMENT to read as follows: "2.2.2 In considering a subdivision map extension application for any map tentatively approved prior to the effective date of the COOPERATIVE AGREEMENT (April 12, 2005), the County may, at the request of the subdivider, conditionally approve the application to require the subdivider to pay (a) the applicable TLTMF at the earliest date allowed by the TLTMF Ordinance and (b) an early recordation fee, which shall be 50% of the TLJMF in effect at the time of recordation. The County shall earmark the early recordation fee for use only on the major arterial road that most benefits the subdivision, as determined by the County. This alternative procedure is purely voluntary and any subdivider choosing not to request it shall be subject to all other terms of the COOPERATIVE AGREEMENT as implemented by the County." Section 9. Section 5.2 of the COOPERATIVE AGREEMENT is amended to read as follows: "5.2 The City shall have the right to refile the Litigation, subject to the provisions of Sections 5.2.1 through 5.2.6, inclusive, in the event that: (1) the County 3 does not, within four (4) months of the effective date of Amendment No. 1 to the COOPERATIVE AGREEMENT, complete the staff work required for the County General Plan Amendment, including necessary environmental documentation, and set a public hearing date before the Planning Commission; (2) the County does not, for any reason, adopt the County General Plan Amendment within eight (8) months of the effective date of Amendment No. I to the COOPERATIVE AGREEMENT; or (3) the County does not adopt the jointly developed Freeway Action Plan described in Section 4.4 within one (1) year after completion of the Freeway Strategic Study described in Section 4.2." ARTICLE 3 MISCELLANEOUS The parties hereto represent and warrant to each other that they have full authority to execute this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. The effective date of this Agreement is the date the parties sign the Agreement. If the parties sign the Agreement on more than one date, then the last date the Agreement is signed by a party shall be the effective date. IN WITNESS WHEREOF, the undersigned have executed this Agreement in the State of California. CITY OF TEMECULA ~- s/~ Mayor Ron Roberts Attest: City C1er~F Susan W. Jo~es, MMC 4 Approved as to Form ~~ City Attorney peter M. Thorson COUNTY OF Of SUPERVISORS Attest: Nancy Romero, Clerk of the Board of Supervisors By~~i~G~~~~~/~'n~ Deputy Clerk Approved as to Form Joe Rank, County Counsel By: -~Lt . ~,..lJ Katherine A. Lind Principal Deputy County Counsel JAN 3 0 2006 3.3`E' ll T - I \! N I Z o n o N ,~ N a ~' v ~ o ~ 7 ~~ m~ o ~ 3 D a //~~ Z \J ~~ a o ~ 7 A m 0 a~ ~ ~ Lo o 7 ll \/ ~ o 7 m - ~ //~/~ V~ o ~ 0 °' a N Z ~ o a a ~ ~ ~ fA o ~ a ~ - - a N v~ ~ ~ .~ ~~ O 7 ~_ ~ m o ~ m N x 7 7 N ~ ~ 7 ~ o X 7 ~, C7 ~ - ~ N N ~ N `\ - 7 7 n .1. Q. ~ p7 W ~' VI 7 7 N ~ ~ -~ ~ 3 C ~ ~ (~ ~ °' N O C/1 U N v 7 O (A Q N m A N 7 fD ~ C 'n ~ w C W N ~ C1 O7 ~ D w m D~ Ji LOS F~ DD. m~ =I' ~ p-~ l VJ >~ ~, r ~t _L Y " t `lt O ~ c ` ~ ~ I ;~ ,1 ~1°~.;~I ;~ , . ,~ `' (n ~ n I;~ ~, G, ~~ A ~ ~~~ v .. r 1~ POURR~Y RQ ' ,, a _ ~' ~ WASHINGTON 5T ~`~N~kSI _ rte! (n C? L~ ~_ ~ ~ ~ ~~ D 7 ~ ~ O ~ m ~, - m ~ ~.~ - ~ s o v G~ ri D 0 Z ear ~~~ ~, RD Gs ~NCHESTFR R ~ji r r m r D m i d D ~ '~SaVrr r ^/ m r ~,\f » ~I~(( A 0 D Z Q m B ~~ R 'I S~ ~~ - - ` 3UL ANAS),Dlr f} . ~ -~ N < ai JAMA-W~A-GDR ,fie - ~ A z N y ~~f+-F` IEL~ D=AVE~_ ~ r, ~ ~ ~ m ~I ~ EAG~AVE~. ~~ ~ , { ~ .~ D 0_ C /~ m ~/ ~~ ~ ~ { ~ t w ~ - ~lf N~~N-RD 1 ~ ,. ~ -~(~ ~ N _. o ~ rn ~ ~ ~!~ q ~llalao~ ~ ~ ~ 1~,_ l /~~~......_.. L I -._..,~~~,I+i~, ~ ~~~ ~ NaS 3Ra~ ~ ~ ; Ana is JOEL`D ~ ~ CALIFORNIA AVE z~~~} v r OS~AN~C~ERIAS RD ~j~ _~--~-`~ V RD Ai ~, f ,, 8~3'S~ ae ?;~; s sago°p Re3~fi^ age°Z~ oqy~ ; n°6Ae sa4a~ ~E 6~~ 83 0 ;!@a~ ,s5s; a.ia~8 @~8~~ DZ I Southwest Riverside County Priority Projects ~~ Interstate ti State Highway '~. Major Roads Bundy Canyon RdlScott Rd Bufle~eld Stage Rd Clinton Keith Rd c ~. Clinton Keith Rd Widening Eastern Bypass ~:- Goetz Rd Bridge ~/ Grand Ave Widening ~/ Leon 6 Rice Rd Bridges r Murrieta Rd Widening Newport Rd Extension Newport Rd Realignment Palomar WideninglJefferson Extension ~, SR-79 Widening Scott Rd Widening - 4 Lanes Scott Rd Widening - 6 Lanes O Project Interchanges Project Bridges ® Grade Separations County Boundary Water Body 1 ixh equals 4,000 feet Feet z,ooot,ooo e,ooo tz,aoo ts,ooo zo,ooo Ethanac Rd 1 BNSF Grade Separation Cost: $32,000,000 i r _.....,........ ~ r[nnua S ~.. •7I x•74 ~.• 4° `~ -__ ,- - HEM !Murrieta Rd Widening ~ 'Cost: SS,OOD,000 Begin Const: Fall 09 I RDUSE RD SrE750N AVE I ~ ~ __ - ____ I 3•~ ~t$w ~' ~ Leon 8~ Rice Rd Bridges _+~' ~ e w ~~ ~ ~~ r ~- ~ ~ ~ Cost: $16,400,000 °- ~ 5 /Begin Const: Summer 09 c _ i ~ Newport Rd Extension ` ~,,~ i7 Cost: $33,OOD,000 ~ ~~~ ^~, ! s Completed: Fall 06 ~~ - -~ ---- Rd Bridge $10,000,OOD Const: Summer OS Bundy Canyon RdlScott Rd ~-•~ ~ Completed g p g Scott or ~ ~ Cost: ~ evo"R I [ svn a '~ Begin Clinton Keith Rd Widening Cost: $10,000,000 Begin Const: Summer 2010 ~ Cost: $50,000,000 Begin Const: Spring 2010 Grand Ave Widening Cost: $26,000,000 Be in Const: S rin 20101 Palomar WideninglJefferson Exten Cost: 12,000,000 Begin Const: Fall 09 Clinton Keithll•15 Interchange a Cost: $35,000,000 a' Begin Const: Summer 2009 ~. --_ ~~ td', Clinton Keithll-215 Interchange Cost: $13,000,000 City oyf Murrieta is Lead - -- ------------- -- I Newport Interchange Modification ewport Rd Realignment Cost: $40,000,000 ost: $15,000,000 Begin Const: Winter 2010 ~ egin Const: Under Construction --_ - r- -- - --- --- -- Scott Rd Interchange I - - ---- Scott Rd Widening • 4 Lanes Interim Ramps ~ Cost: $7,000,000 Cost: $3,000,000 ,,Begin Const: Winter 08 Clinton Keith Rd Cost: $68,000,000 Begin Const: Winter 2009 Butterfield Stage Rd: Murrieta Hot Springs to Auld Rd Cost: $25,000,000 Begin Const: 2011 TEMECULA 01/NUND VAIIEY LAKE SR•79 Widening: Domenigoni to Pourroy Cost: $38,000,000 + Begin Const: Fall 09 SR-79 Wrdening: Pourroy to Thompson Cost; $5,500,000 Begin Const: Spring 08 'i1' .. I Eastern Cost: $1 TEMECULA s;~ LAKE SNINNM :"~ ~,>8`.~--1 Eastern Bypass Knee' Interchange ~~oo0's Cost: $69,750,000 Rd Interchange - - ------ $50,000,000 ~ Scott Rd Widening - 6 Lanes Const Spring 2011 I Cost: $28,000,000 -- -- --, Begin Const: 2010 ITEM N~}. 15 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Glenn Patterson, Fire Chief DATE: April 22, 2008 SUBJECT: Air Cleaning Systems Agreement RECOMMENDATION: That the City Council Approve an agreement with Air Cleaning Systems in the amount of $67,816.34 for a Plymovent diesel exhaust removal system to be installed at Fire Station 84. 2. Approve 10% contingency and allow the City Manager to execute change orders. BACKGROUND: The Plymovent exhaust system is a "source capture" removal system. This type of system connects directly to the vehicle exhaust system the entire time the vehicle is in the apparatus bay and there by captures 100% of the toxic diesel exhaust. With out this system the toxic diesel exhaust is released into the air and flows into the sleeping and living areas of the Fire Station. Fire personnel are also exposed to the exhaust any time they are in the apparatus bay and the vehicle is started. Both NIOSH and OSHA have declared diesel exhaust exposure a potential occupational carcinogenic hazard. This Plymovent system is the same equipment being installed in all Riverside County Fire Stations and has already been installed at two new City Fire Stations 92, 95 and existing Fire Station 73. The Plymovent exhaust system requires adapters be in place for the apparatus to hook up and work properly. Purchasing this same system for Fire Station 84 will maintain continuity within the City stations and will allow for all City Fire Apparatus to utilize the system at any City Station without additional cost. Air Cleaning Systems is currently contracted to install the Plymovent diesel exhaust system at all new Fire Stations throughout the County and existing Stations are being accessed for retrofit. By adding this system to Fire Station 84 we are providing the same level of protection for a safer working and living environment for all our Fire Personnel. FISCAL IMPACT: $67,816.34 plus the 10% contingency ($6781.63) exist in the current fiscal year 2007/08 Fire Department operating budget. ATTACHMENTS: Air Cleaning Systems Agreement PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND AIR CLEANING SYSTEMS FOR PLYMOVENT DIESEL EXHAUST REMOVAL SYSTEM FIRE STATION 84 This Purchase and Installation Agreement ("Agreement") is made and entered into as of April 22, 2008, by and between the City of Temecula ("City) a municipal corporation, and Air Cleaning Systems {"Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Equipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture, sell and deliver to the City a Plymovent Diesel Exhaust Removal System as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full {hereafter "Equipment"). 2. Purchasellnstallation Price. The Purchase and Installation price which City agrees to pay to Vendor for the Equipment and service is Sixty Seven Thousand Eight Hundred Sixteen Dollars and Thirty Four Cents ($67,816.34). The Purchase price is final and shall be paid by City to Vendor upon completion and acceptance of work by the City of Temecula Fire Department and within 30 days of receipt of an original invoice. 3. Change Orders The City Manager may approve additional payment up to ten {10°~) of the amount of the Contract. Change orders exceeding these limits shall be approved by the City Council. 4. Scope of Work. Vendorshall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A {"Work"). Vendor shall provide and furnish all labor, materials, necessarytools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. Representations and Warranties of Vendor. Vendor makes the following representatiansond warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals ar consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, P:\Finance~Agreement Samples.2007\Purchase & Insta11.2007 1 Updated 6/28/07 covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use as a Diesel Exhaust Removal System and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains orwill contain any untrue statement of a material fact, oromits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 6. Performance. Vendorshall at all time faithfully, competentlyand to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 7. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the Cityor its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement I N ANY MANNER OR RESPECT, City shall so notify Vendor within ten {10} days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. Time of Delivery. The date and time of deliveryofthe Equipmentshall be on or before July 31, 2008. 9. Place of Delivery. The Equipment shall be delivered to this location: Fire Station 84 located at 30650 Pauba Road. Temecula CA 92592. 10. Resection. In the event of such notice ofnon-conformity byCity pursuant to Section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 11. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. I n the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 12. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, Agency, and or District, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or P:\Finance~Agreement Samples.20071Purchase & Insta11.2007 ~ Updated 6/28/07 nature which the Cit,yAgency, and or District, its officers, officials, employees, agents orvolunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City, Agency, and ar District. 13. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Equipment Description andlor Scope of Work with proposal attached hereto as Exhibit A. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. 14. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the Cityshall have no obligation ordutyto continue compensating Vendorforanywork performed after the date of default and can terminate this Agreement immediately bywritten notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor , it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreementwithoutfurther notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 15. Insurance Requirements. Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder bythe Vendor, its agents, representatives, or employees. 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 o r 88. (2) Insurance Services Office Business Auto Coverage form numberCA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If Vendor awns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Vendor has no employees while performing under this Agreement, worker's P:\Finance~Agreement Samples.20071Purchase & Insta11.2007 ~ Updated 6/28/07 compensation insurance is not required, but Vendor shall execute a declaration that it has not employees. Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: One million {$1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separatelyto this praject/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million ($1,000,000) peraccidentforbodily injury and property damage. (3) Workers Compensation: as required by the State of California; Employers Liability: One million ($1,000,000} per accident far bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles orself-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees ar volunteers. (2) Far any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. (3) Any failure to complywith reporting ar other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. P:\Finance~Agreement Samples.20071Purchase & Insta11.2007 4 Updated 6/28/07 (4) The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty {30) days' prior written notice to the City. (6) If insurance coverage is canceled or, reduced in coverage or in limits the Vendor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to ar 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. f. Verification of Coverage. Vendor shall furnish the City with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 16. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 17. Legal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to complywith this section. 18. Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor herebywarrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. Independent Contractor. Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor shall not at anytime or in any manner represent that it or any of its officers, employees ar agents are in any manner, officers, employees or agents of the City of P:\Finance~Agreement Samples.20071Purchase & Insta11.2007 ~ Updated 6/28/07 Temecula. Vendor shall not incur or have the powerto incur any debt, obligation or liabilitywhatever against the City, or bind the City in any manner. 20. 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 http://www.dir.ca.gov Vendor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the 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. 21. Assignment. The Vendor shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten consent of the City. 22. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City via U.S. Mail: City of Temecula P O Box 9033 Temecula. CA 92589-9033 To City via Courier Service: 43200 Business Park Drive Temecula. California 92590 Attn: City Manager To Vendor: Air Cleaning Systems 1966 W. Holt Avenue Pomona. CA 91768 23. Governing Law. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation ofthis Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with geographical jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the 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 far the relief granted. P:\Finance~Agreement Samples.20071Purchase & Insta11.2007 ~ Updated 6/28!07 24. 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 orwritten, are merged into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 25. Authority To Execute This Agreement. The personorpersonsexecuting this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. P:\Finance~Agreement Samples.20071Purchase & Insta11.2007 ? Updated 6/28/07 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in on the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Vendor Air Cleaning Systems 1966 W. HoltAvenue Pomona, CA 91768 Phone: 800-998-1974 Fax: 909-629-3236 jim@acs-cal.com Name: Title: P:\Finance~Agreement Samples.20071Purchase & Insta11.2007 8 Updated 6/28/07 EXHIBIT A DESCRIPTION OF EQUIPMENTISCOPE OF WORK See attached scope of work and proposal dated March 23, 2008. P:\Finance~Agreement Samples.20071Purchase & Insta11.2007 y Updated 6/28/07 rvl<11 LJ vV vv. rvn Jnir vloaly /1%/~.•i A/R CLEANING, SYSTEMS Speciafning in lndustdal Ventilation and Clean Air Sdutions To: Kirk Barnett Co: RIVERSIDE COUNTY FIRE DEPT. FAX: 951-676-8751 DATE: 3/23/2008 TOTAL # PAGES: 4 r r~-r~rvuv Y.~ FAX-MEMO FROM: AIR CLEANING SYSTEMS since 1972 1866 W. Holt Avenue Pomona, CA 91768 (800)<J98-1974 FAX:t90916293236 _. California License # 772590 Nevada License 7156614 JIM CLEARY COMMENTS: Attached is the quotation representing all vehicles going ouot the same front doors and positioned in tandem. If you have any questions, please contact me at your convenience. Jim Cleary Dell: 909-720-7064 Offs 00-998-7 974 ~ `~ c ;I d~ ,.,a, LJ .,., .,.,.,,,u ~,,,, .,,o~,, A%/L~ AlR CLEANING SYSTEMS Speciafizrng in lrtdustriaf Ventilation and Clean Air Solutions „ . , ,..~.., r._ Proposal California License # 772590; Nevada License #56619 TO: RIVERSIDE COUNTY FIRE DEPT. LOCATION: 30650 PAUBA RD. FIRE STATION # 84 TEMECUTA CA. 92592 TEMECULA ATTN: Kirk Barnett APPLICATION: VEHICLE EXHAUST _.____PHONENO. ___._I FAX NO._. I PROPOSAL DATE I.___EXPIRATtONDATE ..__ ~0 A . ) 951-693-0683 95176-8751 March 23, 2008 ~8S 16489 OTY ITEM NO. DESCRIPTION UNIT PRICE AMOUNT 3 STRA 65-2 PLYMOVENT STRA.65.2 STRAIGHT RAIL, includes 65' of extruded aluminum rail for each 0 00 system, End Shodc, each with creb asst'., magazine pack, 100' of coiled air line 825' of 4' . diameter yelbw 8 black hose, `GRABBER' Nozzle, Swive! Safety Diskxxlnec, Manual Fi Valve , and complete pneumatic circuit for passive release. Also includes all necessary support legs, braces and brackets, fiherldryer regulator, 8 sac (6) tail pipe adapters for taipipes. 3 HOSE PACK PLYMOVENT 5TRA Hose Pack 4F2 includes for each STRA 65-2: 0 00 # 2 (2)-4" Internal Crab w/Reguiator and Balancer . (6 vehicles) (2)r4' x 25' Hose Assembly (2)- 4" x 2' lower hose Asst' including Safety Disconned and 8 6.26' Grabber (2).STRA- Magazine Pads #1 8 100' Caled Airline 7 TEVS65$0 PLYMOVENT TEV-565.60 7.5 hp, three phase Ratlial Exhaust Fan rated ~ 3000 CFM @ 8° w.g. 0.00 3810-ADlf1 at 3450 rpm, 208-220V, 44DV 3PH 60H2 NOTE: TAe fan size wi0 allow for a rotaf o/six (6) drops. 1 OS-3 PLYMOYENT OSJ Engine Sensor Control Box, 208 volt, 3 phase for 7.5 hp tan., 19.2 FULL LOAD 0 00 706048 AMPS. To include pressure sensors for fdn activation by vehicle exhaust, all necessary motor . starters and timer. 1 TOTAL TOTAL MATERIAL COST AS LISTED ABOVE 36,714.00 36 714.00 MATERIAL , Electrical or pneumatic connection, hook-ups, orfire suppression. BY OTHERS PERMITS required to install or operate, or anv concrete Doti are responsibility of BUYER INSTALLATION, IF OUOTED, WEEK-DAYS, NORMAL BUSINESS HOURS SUBMITTED BY: JIM CLEARY SUBTOTAL $36,714.00 DEI3VERY TIME F.O.B. POINT PAYMENT TERMS 3 -4 Weeks ARO JOB SITE SEE TERMS LISTED ABOVE Acceptance of Proposal The above pritirg, speaficalions, SIGNATURE: terms and conditions are satisfactory and are hereby aaepted. You are auihariaed to do the vxxk as oulleled above. DATE: •acc w u v ,...,.,~ vcr, „T , ,in. riVJ/ VLJ-JLJV 325 S. 3RD ST. SUITE 1-171, (AS.VEGAS, NV 89101 (800) 99&1974 FAX.- (702) 382-7404 a, ~„ ., „u ., ou , ~~~~J A!R CLEANfNG SYSTEMS Specializing in Industrial Venfilation and Clean Air SWutions Proposal -Page 2 California License # 772590, Nevada License #56619 TO: RIVERSIDE COUNTY FIRE DEPT. LOCATION: 30659 PAUBA RD. FIRE STATION # 84 TEMECULA CA 92592 TEMECULA ATTN: Kirk Barnett APPLICATK)N: VEHICLE EXHAUST PHONE NO. FAX NO. PROPOSAL DATE EXPIRATION DATE PROPOSAL NO. 851-693-0683 951-6T6~75t...... March23,.2008 ___. _. _____JOB -16489_____. SUBTOTAL FROM PAGE CW T: $36,714. QTY RFJi NO. DESCRIPTION UNR PRICE AMOUNT 1 TAX SALES TAX X7.75°6 2,845.34 2,845.34 1 FNSTALL INSTALLATION COMPLETE, Plymoventsystem, ducting, supports, misc. hardware, tiR and labor 27,257.00 27 257.00 ~ PREVAILING RATES. Tail pipe modification is the responsibility of others. Permits pn be , provided at costs plus S85 per hour labor if required. Any modification to the above proposal as required by municipality wit be at an additional charge. Outside services such as structural engineering fees will t>e passed on at cost. Includes silencer & bads draft damper on blower. 1 FREIGHT FREIGHT TRANSPORTATION COSTS 1,000,0 1,000.0 TERMS: Progressive biging on any rough in work. Material porliorr due according to normal billing period on delivery of materials from factory. Installation portion due at completion of system medlartical installation. NOTE: Please allow a minimum of 6 weeks for material to arrive to the job site. Electrical or pneumatic connection, hook-ups, ar fire suppression. BY OTHERS PERMITS required to ins1a11 or operate, or anv concrete oad are responsibility of BUYER INSTALLATION, IF pUOTED. MEEK-DAYS, NORMAL BUSINESS HOURS SUBMITTED BY: JIM CLEARY TOTAL $67,816.34 DELIVERY TIME F.O.B. POttJT PAYMENT TERMS 3 - 4 Weeks ARO JOB SITE SEE TERMS LIST'EDABOVE Acceptance of Proposak Theabove pricing,specifications, SIGNATURE: terms antl conditions are saYstactory and are hereby accepted. You are authorized to do the work as outlined above. DATE - .. i..~~/ vcv-r r.r r.,n. lava/ ocavcoo 325 S. 3RD.ST. SUITE i-f71, LAS VEGAS, NV 89f01 (800) 998-1974 FAX: (702) 3B2-7404 rroaucc aescnpnon _ . The' STRSystem consists of a special and easily visable extraction hose assemblywith a unique pneumatic exhaust connection called the PlymaVent Grabber°. This resembles a glove which, when filled with air, makes a total seal around the exhaust pipe. The extraction hose -- i has an inbuilt safety disconnect coupling and a manual fill deflation valve. It is suspended an a balancer Klock, safety hung hom on a special crab, running inside the aluminium profile mounted above and to the side of the vehicle. The aluminium prof~e has a circular design with an open square area of 31 sq.inch. The open underside of the profile cs sealed ny rubber tips. Over view _ Profile section view Advarrtages • The system will allow up to four vehicles to stand in-fine. • Adjustable release paints. • The system can be extended up to t 00.ft. • Adjustable mounting supports. • Gas-tightrubberseals. llpon an alarm call [he hose assembly and the crab move along with the vehicle, the crab striking a trip plate immediately releases the air pressure in the Grabber°, resulting in a disconnection of the Grabber• al the exit The crab hits the hydralic shock absorber, taking up the kinetic energy from the crab and the hose assembly.On the return of the vehicle to the station, the Grabber° is connected to the exhaust pipe and activated by simply pressing the MFp valve as the vehicle backs through the gate. At the same time the fan automatically starts and the vehicle continues to its rest position. Unique pneumatic exhaust pipe connector "GRABBER'"; for different sizes of exhaust pipes. t 00 % tight against diesel exhaustfumeleaks onstart-up. • Safety disconnect coupling; fail safe system, ea slly recon- nectable. • Hydraulic shock absorber to take up kinetic energy from thetrave{ling crab assembly. Double vetitcle application, side view ACORD~, CERTIFICATE OF LIABILITY INSURANCE °oinaizo ~' PRODUCER 415-898-7114 BLAIR JARCIK INSURANCE AGENCY#0526559 PO BOX 21 - THIS CERTIFICATE IS ISSUED AS A.MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 845 OLIVE AVENUE SUITE 108 NOVATO; CA 94948 INSURERS AFFORDING COVERAGE` NAIC # INSURED INSURERA: SAFECOINSURANCECOMPANY ~- AIR. CLEANING SYSTEMS: INSURER B: ENDURANCE WORKER'S INSURER C: 1966 W. HOLTAVE. INSURER D: POMONA, CA 91766 wsuRERE: COVERAGES STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING THE POLICIES OF INSURANCE LI M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TER FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE A POLICIES.AGGREGATELlMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DD'L POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRATION LIMITS LTR EACH OCCURRENCE $ 1 GEN __._. ERAL LIABILITY ERAL LIABILITY ~ PREMISE'a'Eac¢urenc% $ I COMMERCIAL GEN OCCUR MED EXP (Any one person) $ CLAIMS MADE PERSONALBADVINJURV $ GENERALAGGREGATE $ TE LIMIT APPLIES PER: ' PRODUCTS,COMP/OP AGG $ L AGGREGA GEN POLICY PROr LOC AUT OMOBILE LIABILITY COMBIN ED SINGLE LIMIT ' - $ 1,000,000 A X X N nii o 24-CC-177680-1 06/21/2007 06/21/2008 (Eaaccitlem) - - - - - A V r ALLOWNEDAUTOS _._ BODILY INJURY .. $ AUTOS (Per Person) .. SCHEDULED HIRED AUTOS BODILY INJURY $ Ep AUTOS -- NOWOWN ' PROPERTY DAMAGE $ (Perexitlent) AUTOONLV,EA ACCIDENT $ GAR AGE LIABILITY OTHERTHAN EAACC $ ANYAUTO AUTOONLY: qGG $ LIABILITY EACH OCCURRENCE 5 ~E~XCIESSIUMBRELLA CLAIMS MADE AGGREGATE 5 I (OCCUR - _ I $ E $ DEDUCTIBL RETENTION $ WC STATUS OTW $ I WORKER$COMPENSATIONAND ~ WEN0012830-01 01-01-2007 Ot-01-2008 'TORYLIMITtl~ Ek- ~- 000 000 1 A EMPLOYERS'uaealTY e.L.EACI+wccloeNT , , I s ANV PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED9 E. L. DISEASE,EA EMPLOYEE $ 1,000,000 If yes, tlescribe antler E. L. DISEASE,POLICV LIMIT $ 1 OOO,OOO SPECIAL PROVISIONS below OTHER A ~ UNINSURED MOTORIST 24-CC-177680-1 06/21/2007 06/21/2008 $60,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES / E%CLUSIONS AOOED BV ENDORSEMENT /SPECIAL PROVISIONS 10 DAY NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM (INFORMATION ONLY) CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED FOR AUTOMOBILE COVERAGE ONLY PORJECT CITY OF TEMECULA, FIRE STATION #73 GER 1 IYICA I C R V LUCR "^^-_--' • "-° $NOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAY$ WRITTEN CITY OF TEMECULA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 30650 PAUBA ROAD IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER, ITS AGENTS OR TEMECULA, CA 92592 REPRESENTATNES. " FAX 951-676-8751 (ORIGINAL IS BEING MAILED) =A Tll, HORRED REPRESENTATIVE - ~ - ~ nnnn nneonon Tln hl 1o4R ACORD 25 (2007/08) ACQRDr,~ CERTIFICATE 4F LIABILITY INSURANCE D04/15/2008~ PRODUCER 415-898-7114 GLAIR JARCIK INSURANCE AGENCY #0526559 PO BOX 21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 845 OLIVE AVENUE SUITE 108 NOVATO, CA 94948 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA SAFECO INSURANCE COMPANY AIR CLEANING SYSTEMS INSURERS FIRSTCOMP INSURANCE COMPANY 1966 W. HOLT AVE. INSURERC POMONA, CA 91768 INSURERD IIVSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~'L POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIALGENERALLIABILITY PREMISES Eaoccurence $ CLAIMS MADE ~ OCCUR MEDEXP(Anyoneperson} $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS>COMPIOPAGG $ jE ~ POLICY T LOC AUT OMOBILE LIABILITY COMBINED SI NGLE LIMIT 000 000 $ 1 A X X ANY AUTO 24-CC-177680-1 06/21/2007 06/21/2008 (Eaaccidenty , , ALL OWNED AUTOS BODI LY I NJURY SCHEDULED AUTOS (Perpersony $ HIRED AUTO S BODILY INJURY NON>OWNED AUTOS (Per accident} $ PROPERTY DAMAGE (Per accident} $ GAR AGE LIABILITY AUTOONLY>EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ X ORY IM T OER WORKERS COMPENSATIONAND T L I S B EMPLOYERS'LIABILITY WEN0012830-02 1/1/2008 1/1/2009 ANY PROPRIETORlPA RTN ERlEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERlMEMBER EXCLUDE D? E.L. DISEASE>EA EMPLOYEE $ 1,000,000 If yyes, describe under SPECIALPROVISIONSbelow E.L. DISEASE>POLICY LIMIT $ 1,000,000 OTHER A UNINSURED MOTORIST 01-CG783485-2 06/21/2007 06/21/2008 $60,000 DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES! EXCLUSIONSADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS 10 DAY NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM (INFORMATION ONLY) THE CITY OF TEMECULA HAS BEEN NAMED AS ADDITIONAL INSURED (AUTO ONLY). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 30 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN CITY OF T EMECU LA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 43200 BUSINESS PARK DRIVE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR TEMECULA CA 92590 REPRESENTATIVES. , AUTHORIZED REPRESENTATIVE - ~~~t ACORD 25 (2001!08) 'ACORD CORPORATION 1988 PDF created with pdfFactory trial version www.pdffactory.com ITEM N~}. 1G Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: April 22, 2008 SUBJECT: Appointment of Maryann Edwards to represent the City of Temecula to the Riverside County Habitat Conservation Authority Board PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council appoints Maryann Edwards to represent the City of Temecula to the Riverside County Habitat Conservation Agency Board. BACKGROUND: The Riverside County Habitat Conservation Agency is a Joint Powers Authority that is responsible to oversee the protection of the Stephen's Kangaroo Rat under the Endangered Species Act. The City has been represented on the Board by City of Temecula staff member Stephen Brown. Recently the Board adopted an amendment to the Joint Powers Agreement that now requires all Board members to be elected officials. Mayor Pro Tem Maryann Edwards is currently the City's representative to the Regional Conservation Authority (RCA) which has oversight of the Western Riverside County Multiple Species Habitat Conservation Plan. Since both Boards have similar missions and address the same issues, it is appropriate that Mayor Pro Tem Edwards serve in both capacities. FISCAL IMPACT: None ATTACHMENTS: None TEMECULA COMMUNITY SERVICES DISTRICT ITEM N~}. 17 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT APRIL 8, 2008 A regular meeting of the City of Temecula Community Services District was called to order at 8:01 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Edwards, Naggar, Roberts, Comerchero ABSENT: 1 DIRECTORS: Washington Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CSD CONSENT CALENDAR 12 Minutes RECOMMENDATION: 12.1 Approve the minutes of March 25, 2008. 13 Award a Construction Contract for the Temecula Community Center Expansion Grading - Proiect No. PW06-05 Phase 1 RECOMMENDATION: 13.1 Award a construction contract for the Temecula Community Center Expansion Grading, Project No. PW06-05, to Addison Equipment Rental in the amount of $49,995 and authorize the President to execute the contract; 13.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $4,999.50, which is equal to 10% of the contract amount. 14 Award a Canstruction Contract far the Roller Hockey Rink Dasher Board System - Project No. PW07-12 RECOMMENDATION: 14.1 Award a construction contract for the Roller Hockey Rink Dasher Board System, Project No. PW07-12, to YAKAR in the amount of $178,350 and authorize the President to execute the contract; R:\Minutes\040808 14.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $17,835, which is equal to 10% of the contract amount. MOTION: Director Naggar moved to approve the Consent Calendar. Director Edwards seconded the motion and electronic vote reflected approval with the exception of Director Washington who was absent. CSD DIRECTOR OF COMMUNITY SERVICES REPORT No reports at this time. CSD GENERAL MANAGERS REPORT No reports at this time. CSD BOARD OF DIRECTORS REPORTS No reports at this time. CSD ADJOURNMENT At 8:02 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, April 22, 2008, at 5:30 p.m. for a Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\040808 2 ITEM N~}. 18 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 22, 2008 SUBJECT: TCSD Proposed Rates and Charges for FY 2008-2009 PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 08- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2008-2009 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Service District (TCSD) operates underthe 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 serves as the Board of Directors of the TCSD. The four current service levels of the TCSD include: 1. Service Level B - Residential Street Lighting. 2. Service Level C -Perimeter Landscaping and Slope Maintenance. 3. Service Level D -Recycling and Refuse Collection. 4. Service Level R -Unpaved Road Maintenance. Service Level B -Residential Street Lighting The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates however a total of 61 new residential units will be added into this maintenance program that were not assessed in 2007-2008. Service Level C -Perimeter Landscaping and Slope Maintenance In 2007-2008 the Temecula Community Services District conducted a property owner election to increase the annual assessment rate for the various zones in Service Level C. The March election resulted in only one zone {Zone 6 - Woodcrest Country) approving asingle-year rate increase of $6.00. The 2007-2008 annual rate for Zone 6 was $89.00 and the 2008-2009 annual rate will be $95.00. Starting in FY2009-2010 this zone will also be subject to a CPI inflator as needed. Zone 29 (Gallery -Portraits) and Zone 31 (Roripaugh Ranch) are subject to a CPI inflator as approved by the properly owners in a previous election. These two existing rate levels are subject a 4.2% inflator based on the CPI change from December 2006 to December 2007 and will be adjusted as follows: Zone 07-08 Rate 08-09 Rate 29 $ 325.34 $ 339.00 31 $ 26.84 $ 27.96 All other zones are not proposed to increase at this time. Zone 31 was previously established for residential parcels within the Roripaugh Ranch Development. Due to delays in construction this development will not be assessed in Fiscal Year 2008-2009. Temecula Community Services is not adding any additional zones into Service Level C this upcoming Fiscal Year 2008-2009. Service Level D -Recycling and Refuse Service An increase is proposed to the annual rate and charge for Service Level D from $210.24 to $218.52 per residential unit beginning Fiscal Year 2008-2009. The $8.28 rate change is based on: 1) 3.3°/a increase to the Consumer Price Index (CPI) 2) 4.2% increase to the Riverside County Landfill Tip Fee 3) 8.5% increase to the #2 Diesel Fuel index as provided bythe U. S. Department of Labor Service Level R -Unpaved Street and Road Maintenance The TCSD Rates and Charges for Service Level R are not proposed to increase from last year's rate for developed property. Haweverfive {5) parcels were developed in Rate Level 2 increasing the amount assessed by $479 in Rate Level 2. The increases represent the difference between the previously approved Rates and Charges for undeveloped and developed property. The TCSD is required to complete an annual levy process which includes adopting a resolution accepting the filing of a report on the proposed rates and charges necessary to provide the aforementioned services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for FY 2008-2009 and schedule a public hearing concerning these issues for June 10, 2008. Staff will then proceed with noticing each affected property owner in the City regarding the proposed rates and charges and the June 10, 2008 public hearing. FISCAL IMPACT: The revenue generated for the TCSD FY 2008-2009 Rates and Charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved street and road maintenance services in the City of Temecula. The proposed TCSD levy budget for FY 2008-2009 is $8,241,986. ATTACHMENTS: 1. Resolution of Intention 2. Public Hearing Notice ATTACHMENT 1 RESOLUTION NO. CSD 0$- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2048-2009 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District {"TCSD"}, to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges far the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Section 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2008-2009 fiscal year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Cade Section 61115, the TCSD has caused a written report {"Report"} to be prepared and filed with the Secretary of the TCSD, this Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2008-2009. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 10th day of June, 2008, at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 43200 Business Park Drive, Temecula, CA 92590, as the time and place far the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any to the Report. The Board may continue the hearing from time to time. Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XIIID of the California Constitution regarding any increases proposed in the Report with respect to any of the rates and charges. Section 6. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 22nd day of April, 2008. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/Board Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City ClerklBoard Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 08- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 22nd day of April, 2008, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk/Board Secretary EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On January 1, 2006, MuniFinancial, Inc. was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2008-2009. Pursuant to Government Code of the State of California, commencing with Section 61115, the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level. The TCSD is currently composed of four (4) service levels. The descriptions of the service levels are as follows: Service Level B -Residential Street Lights. Operations, maintenance, utility costs and administration of all residential streetlights. 2. Service Level C - Perimeter Landscaping and Slape Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. 3. Service Level D - Recycling and Refuse Collection. Operations and administration of the recycling and refuse collection program for single- family residential dwellings. 4. Service Level R -Street and Roads. Maintenance of unpaved streets and roads. The Financial Analysis contained herein contains each Service Level including their totals for Fiscal Year 2008-2009 as follows: SERVICE LEVELILEVY BUDGET /SFR Service Level B $ 834,396 $25.681$12.84 Service Level C $ 1,711,899 Variable Service Level D $ 5,689,391 $218.52 Service Level R $ 6,300 Variable TOTAL TCSD LEVY FY 2008-2009 $ 8,241,986 The Levy and Collection amounts far all non-exempt parcels within the TCSD for the Fiscal Year 2008-2009 are as shown on the Levy Roll on file with the City ClerklDistrict Secretary. Attachment 2 Temecula Community Services District Fiscal Year 2008-2009 (July 1, 2008 -June 30, 2009} Levy and Collection of Rates and Charges NOTICE OF PUBLIC HEARING The Temecula Community Services District (TCSD) provides street lighting, perimeter landscaping, slope maintenance, unpaved street and road maintenance, and refuse collection services in the City of Temecula. The boundaries of the TCSD are the same as those of the City of Temecula, and the City Council also serves as the Board of Directors of the TCSD. NOTICE IS HEREBY GIVEN that on Tuesday, June 10, 2008 at 7:00 p.m., or as soon thereafter as practicable, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California 92590, the Board of Directors of the Temecula Community Services District (the 'TCSD") will hold a public hearing on the levy and collection of rates and charges within the TCSD on the property tax rolls for Fiscal Year 2008-2009. SUMMARY OF PROPOSED SERVICES FOR FY 2008-2009 Property owners in the City of Temecula only pay for the services used and made available to their property. Attached to this notice, and incorporated herein, is a page summarizing the rates and charges applicable to your parcel. All rates and charges are levied on an annual basis and collected along with property taxes. The services provided by the TCSD are divided into four Service Levels: 1. Service Level B -Residential Street Lighting. Operation, maintenance, utility costs and administration of residential streetlights. This established rate of $25.68 is not proposed to increase from last year. 2. Service Level C -Perimeter Landscaping. Operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the TCSD. The rates for Zane 6 (Woodcrest Country); Zone 29 (Gallery Portraits} and Zone 31 (Roripaugh Ranch) wit! increase as approved by property owners. A!! other zone's rates are not proposed to increase from last year. 3. Service Level D -Refuse Collection/Recycling. Operation and administration of the refuse and recycling program for single-family dwellings. This rate is proposed to increase from $290.2 per residential parcel to $298.52 for Fiscal Year 2008-2009. This increase is based on changes to the Consumer Price Index (CP-); #2 Diesel Fue! Commodity Data; and an increase to the Riverside County Landhll Tlpping Fee rates. 4. Service Level R -Road Maintenance. Operation and administration of certain unpaved streets and roads maintained by the TCSD. These rates are not proposed to Increase from last Flsca! Year 2007-2008. PROPOSED RATES AND CHARGES FOR FY 2008-2009 The TCSD rates and charges are based on the written report prepared in connection with the rates and charges for Fiscal Year 2008-2009 (the "Report"), which is on file with the District Secretary. A copy of the Report is available for public inspection at City Hall, 43200 Business Park Drive, Temecula, California, Monday through Friday from 8:00 a. m. to 5:00 p. m. - 1 - INFORMATION ABOUT THE RATE AND CHARGE CHANGES FOR FY 2008-2009 An increase is proposed to the annual rate and charge for Service Level D (Refuse Collection/Recycling} from $210.24 to $218.52. Due to a contractual agreement with the waste hauler, the base rate can change based on three factors. The first factor is based on the annual average change in the Consumer Price Index (CPI} from the previous calendar year which, for 2007 was 3.3%. The second factor is based on the Riverside County Landfill tip fee changes. At this time, Riverside County Waste Management is proposing to increase the tip fee by 4.2%. The third factor is based on the change to the #2 Diesel Fuel Commodity Data provided by the US Department of Labor. For 2007 the #2 Diesel index increased by 8.5%. The balance of the annual increase is $0.25 per parcel, which covers City Operational expenses. RATES AND CHARGES APPEAL PROCESS Any property owner subject to the rates and charges who wants a review of the classification or application of the rate or charge to the owner's property, or alleges that an error has been made with respect to the application of the rate or charge to the property, must file with the District Secretary a written appeal in accordance with District regulations prior to 5:00 p. m. on December 1, 2008. Any property owner subject to a rate and charge who believes that payment of all or a portion of the rate and charge would create a hardship for such property owner during fiscal year 2008-2009 must file with the District Secretary a written hardship appeal in accordance with District regulations prior to 5:00 p. m. on December 1, 2008, in order to be considered under the hardship appeal program. Appeal forms are available at City Hall. TCSD BUDGET FOR FISCAL YEAR 2008-2009 (JULY 1, 2008 TO JUNE 30, 2009) The proposed budget for the TCSD for Fiscal Year 2008-2009 is as follows: Service Level B $834,396 Service Level C $1,711,899 Service Level D $5,689,391 Service Level R $6,300 Total $8,241,986 PUBLIC HEARING At the Public Hearing scheduled for June 10, 2008 at 7:00 pm, or as soon thereafter as practicable, the Board of Directors will review and consider any written protest received in person by the District Secretary at City Hall, 43200 Business Park Drive, Temecula, California, or by mail, at P.O. Box 9033, Temecula, California, 92589-9033, prior to the scheduled hearing. The Board will also listen to public comments by all interested individuals concerning the proposed rates and charges of the TCSD for FY 2008-2009. PUBLIC WORKSHOP A community workshop will be held at City Hall in the Main Conference Room on Wednesday evening, May 14, 2008, at 6:00 p.m. to answer questions and concerns prior to the Public Hearing. City Hall is located at 43200 Business Park Drive, Temecula, California. The workshop is open to the public, and property owners are encouraged to attend. QUESTIONS AND INQUIRIES If you have any questions, please don't hesitate to contact the Community Services District at {951) 694-6480. If a staff member is not available, every effort will be made to return your phone call as quickly as possible. The Temecula Community Services District is located at City Hall, 43200 Business Park Drive, Temecula, California. The mailing address is P.O. Box 9033, Temecula, CA, 92589-9033. Thank you far taking the time to review this information and we are looking forward to serving you. Information is available on the City's website located at www.cityoftemecula. org. - 2 - ITEM N~}. 19 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Professional Services Agreement Amendment -Bonterra Consulting - Environmental Clearance for the Ronald Reagan Sports Park Desilting Basin Projet No. PW05-13 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP William Becerra, Associate Engineer RECOMMENDATION: That the Board of Directors: Approve the Second Amendment to the agreement with Bonterra Consulting in an amount not to exceed $10,950.00 to provide additional Environmental Services to complete the environmental permitting phase of the Ronald Reagan Sports Park Desilting Basin -Project PW05-13; 2. Advance $10,950.00 from TCSD -Citywide Fund to fund the project until such time the Federal Emergency Management Agency (FEMA) provides funding through its reimbursement program. BACKGROUND: On November 14, 2006 the Board of Directors approved a consulting services agreement with Bonterra Consulting in the amount of $67,340.00 to provide the Environmental Services necessary to obtain environmental clearance from regulatory agencies as required for the Ronald Reagan Sports Park Desilting Basin project. On May 08, 2007, the Board approved the First Amendment to the agreement with Bonterra for an amount not to exceed $25, 520.00. In order to obtain the necessary environmental permits, additional work is needed. Regulatory agencies are requiring that a Habitat Monitoring Mitigation Program be developed. Staff has negotiated an equitable scope of work and fee for this added work. Bonterra Consulting has agreed to provide these services for the sum of $10,950.00. With this Second Amendment, the total contract amount will be $103,810.00. FISCAL IMPACT: Sufficient funds for this project are identified in the City's Capital Improvement Program, Fiscal Years 2008-2012. This project is eligible to be funded with FEMA funds on a reimbursement bases. Funds will be advanced from TCSD -Citywide Fund balance until such time as the City receives reimbursement from FEMA .The total cost for this second amendment to the Professional Consultant Services Agreement is $10,950.00. Upon approval of the recommendations included herein, $110,544 will have been advanced for this project. ATTACHMENTS: 1. Bonterra Consulting Second Amendment SECOND AMENDMENT TO AGREEMENT BET{NEEN CITY OF TEMECULA AND BONTERRA CONSULTING RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING POND PROJECT NO. PW05-13 THIS SECOND AMENDMENT is made and entered into as of April 22, 2008 by and between the City of Temecula, Community Services District, a municipal corporation {"District") and Bonterra Consulting {"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 November 14, 2006 the District and Consultant entered into that certain agreement entitled "Agreement for Professional Consultant Services" {"Agreement"} in the amount of Sixty Seven Thousand Three Hundred Forty Dollars and No Cents {$67,340.00). B. The Agreement was amended on May 08, 2007 (First Amendment) in the amount of Twenty Five Thousand Five Hundred Twenty Dollars and No Cents {$25,520.00) for additional environmental analysis. C. The parties now desire to increase the payment for additional Environmental Services in the amount of Ten Thousand Nine Hundred Fifty Dollars and No Cents ($10,950.00) and amend the Agreement as set forth in this Amendment. 2. Section 5.a Payment of the Agreement is hereby amended to read as follows a. The District 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 second amendment amount shall not exceed Ten Thousand Nine Hundred Fifty Dollars and No Cents ($10,950.00) for additional Environmental Analysis for a total agreement amount, of One Hundred Three Thousand Eight Hundred Ten Dollars and No Cents ($103,810.00). 3. Section 1 Term. This Agreement shall commence on November 14, 2006, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 15, 2009, unless sooner terminated pursuant to the provisions of this Agreement. 4. Exhibit A to the Agreement is hereby amended by adding the items set forth an Attachments A, B, and C to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except far the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\CIP\Projects\PW05-13\Agreements\Bonterra Second Amendment to Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero, President ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Bonterra Consulting 151 Kalmus Dr. Costa Mesa, CA 92626 (714) 444-9199 Joan Patronite Kelly, AICP, Principal Ann Johnston, Principal (Two Signatures Required For Corporations} 2 R:\CIP\Projects\Pw05-13\Agreements\Bonterra Second Amendment to Agreement ATTACHMENT A, B, and C RONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTATION POND PROJECT NO. PW05-13 Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 3 R:\CIP\Projects\PW05-13\Agreements\Bonterra Second Amendment to Agreement TCSD DEPARTMENTAL REPORT ITEM N~}. 2d Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: April 22, 2008 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Redhawk Parks Improvement project is currently in the design development stage. The project architect, RJM Design Group, is currently preparing the plans and specifications for Phase I of the improvement project. The Phase 1 project includes improvements to Redhawk Community Park and Redhawk Dog Park. This project will include a restroom facility, ADA improvements, turf and irrigation modifications, half-basketball courts, and a permanent dog park which includes water fountains, picnic tables, ornate fencing, landscaping and concrete walkways. The Community Services Department, in conjunction with the Public Works Department, has completed the design for the Murrieta Creek Multi-Purpose Trail project. Aground breaking ceremony was held on March 18, 2008 and construction is underway on this project. Improvements will include multi-use trails, picnic areas and landscaping improvements. A majority of our recreation programs advertised in the 2008 Winter/Spring Guide to Leisure Activities are currently underway and staff is currently preparing the 2008 Summer/Fall edition of the Guide to Leisure Activities for distribution in late May. The recreation brochure features over 250 different classes, several special events and information on all of our recreation and community facilities. The brochure is a well received publication and many of our classes and activities are sold out. The Cultural Arts Division continues to program and carry-out the classes and activities as outlined in the 2008 Winter/Spring Guide to Leisure Activities, and the Old Town Temecula Community Theater's musical and theatrical performance line-up. In addition to classes and activities, there are many special events including theater performances, excursions, etc. The Cultural Arts Division is responsible for the day-to-day operations of the Old Town Temecula Community Theater, the Temecula Valley History Museum and the Imagination Workshop, Temecula Children's Museum. The Development Services Division continues to participate in the development review for projects within the City, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The TCSD Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events. REDEVELOPMENT AGENCY ITEM N~}. 21 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY APRIL 8, 20Q8 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:02 p.m., in the City Council Chambers, at 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Edwards, Naggar Roberts ABSENT: 1 AGENCY MEMBERS: Washington Also present were City Manager Nelson, City Attorney Thorson, and City Clerk Jones PUBLIC COMMENTS A. Although he would be in favor of locating the pantry near the Temecula Community Center {TCC), Mr. Otto Baron, Temecula, opposed utilizing the Escallier House as its new location and suggested that the pantry be located at 41915 Second Street. B. Echoing comments made by Mr. Otto Baron, Ms. Nancy Baron, Temecula, requested that the Escallier House be relocated to 28701 Pujol Street, noting that this would be an ideal location for a historic home. C. By way of overheads, Mr. AI Rattan, Temecula, referenced an article in the North County times that concerned the Old Town Temecula Community Theater and its associated costs. D. Mr. Doc Lane, Temecula, echoed Mr. Baron's comments with respect to the Escallier House. E. Mr. Stephen Eldred, Temecula, also spoke regarding the Escallier House and relayed that it would be his opinion that it would be better served as a historical monument rather than a food pantry. RDA CONSENT CALENDAR 1 Minutes RECOMMENDATION: 15.1 Approve the minutes of March 25, 2008. MOTION: Agency Member Naggar moved to approve the Consent Calendar. Agency Member Comerchero seconded the motion and electronic vote reflected approval with the exception of Agency Member Washington who was absent. R:\Minutes1040808 RDA EXECUTIVE DIRECTORS REPORT City Manager Nelson advised that any questions from the public regarding costs associated with the Capital Improvement Program {CIP) and/or costs associated with the Old Town Temecula Community Theater would be available at City Hall for public review; and invited the public to attend the City's annual budget workshop to be held on Wednesday, May 21, 2008. Chairperson Roberts requested a copy of the Keyser Marston report for review. RDA AGENCY MEMBERS REPORTS No reports at this time. RDA ADJOURNMENT At 8:15 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 22, 2008, at 5:30 p.m. for Closed Session, with regular session commencing at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes1040808 ITEM N~}. 22 Approvals ~Q City Attorney Sv Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: William G. Hughes, Director of Public Works DATE: April 22, 2008 SUBJECT: Second Amendment to Agreement for Professional Service Agreement with RBF Consulting for Old Town Infrastructure Project -Mercedes and Main Street Improvements; PW06-07(1C) PREPARED BY: Greg Butler, Deputy Director of Public Works, CIP Mayra De La Torre, Senior Engineer, CIP RECOMMENDATION: That the Agency Members approve the second amendment to the Agreement with RBF Consulting for Old Town Infrastructure Project -Mercedes and Main Street Improvements Project No. PW06-07(1 C), in the not to exceed amount of $20,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On August 8, 2006, the City entered into that certain agreement entitled "Agreement for Professional Consultant Services" for Project No. PW06-07 (1C) for Old Town Infrastructure Project -Mercedes Street and Main Street, with RBF Consulting in the amount of $253,300 plus a 10% contingency. To date, City staff has processed 2 Extra WorkAuthorizations (EWA) in the amount of $25,330 and the First Amendment, which dealt with an extension of time only. On March 18, 2008, the City Council awarded the construction contract for this project to the lowest, responsive bidder. Construction is anticipated to start in mid April, 2008. It has been identified that there may be a need for RBF Consulting to provide "construction support services" throughout the construction phase of this project. Thus, City staff recommends that the Agency Members consider approving this second amendment with RBF Consulting to provide construction support services. Said services shall be provided for on a Time and Material (T&M) basis and only as requested and authorized by the City. FISCAL IMPACT: The Old Town Infrastructure Project -Mercedes and Main Street Improvements, Project No. PW06-07 (1 C) is funded with Redevelopment Agency Bond Proceeds. Adequate funds are available within project account no. 210-165-636-5802 for this $20,000.00 request. ATTACHMENTS: Amendment No. 2 SECOND AMENDMENT TO AGREEMENT BETWEEN THE TEMECULA REDEVELOPMENT AGENCY AND RBF CONSULTING OLD TOWN INFRASTRUCTURE PROJECT MERCEDES STREET and MAIN STREETS PROJECT NO. PW06-07 THIS SECOND AMENDMENT is made and entered into as of April 22, 2008 by and between the Temecula Redevelopment Agency, a municipal corporation ("Agency") and RBF Consulting {"Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On August 8, 2006 the Agency and Consultant entered into that certain agreement entitled Agency Agreement for Professional Consultant Services, Old Town Infrastructure Project {"Agreement") in the amount of Two Hundred Fifty Three Thousand Three Hundred Dollars and No Cents ($253,300.00). B. On August 8, 2007, the Agreement was amended to extend term of the agreement through December 31, 2008. C. The parties now desire to increase payment for construction support services, only upon request and authorized by the Agency, in the amount of Twenty Thousand Dollars and No Cents ($20,000.00) and amend the Agreement as set forth in this Amendment. 2. Section 5.a. PAYMENT of the Agreement is hereby amended to read as follows: a. The Agency 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 are null and void. The second amendment shall not exceed Twenty Thousand Dollars and No Cents {$20,000.00) for additional consulting services for a total agreement amount of Two Hundred and Seventy Three Thousand Three Hundred Dollars and No Cents {$273,300.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 3. Exhibits A and B to the Agreement are hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\CIP\Projects\PW06-07(1 C)1Agreements\RBF Amend 2R IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA REDEVELOPMENT AGENCY Ron Roberts, Chairperson ATTEST: Susan W. Jones, MMC, Agency Clerk Approved As to Form: Peter M. Thorson, Agency Counsel CONSULTANT RBF Consulting 40810 County Center Drive, Suite #100 Temecula, CA 92591 (951) 296-0530 Michael A. Tylman, Senior Vice President Ernest G. Wade. Vice President (Two Signatures Required For Corporations} z R:\CIP\Projects1Pw06-07(1 C)IAgreements\RBF Amend 2R ATTACHMENT "A" EXHIBIT A The specific elements (i.e., scope of work) of this service include: Construction support services, as requested and authorized by the Agency. These services may include attendance of construction-related meetings, consultations of construction-related issues and responses to construction-related questions or revisions to Consultants design. EXHIBIT B The Agency agrees to compensate Consultant for construction support services on a Time and Material basis, not to exceed Twenty Thousand Dollars and No Cents {$20,QOQ.00). Progress billings will be forwarded to the Agency upon completion of requested services. All reimbursable expenses shall be included in the not to exceed amount. R:\CIP\Projects\Pw06-07(1 C)1Agreements\RBF Amend 2R RDA DEPARTMENTAL REPORT ITEM N~}. 23 Approvals ~Q City Attorney s~~~ Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director DATE: April 22, 2008 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Old Town Strateaic Plan The Agency has worked with the Planning Department to conduct a series of public workshops that will establish a new vision for Old Town. This effort includes, looking at the scale and massing of the buildings, evaluating the market conditions in Old Town and establishing an appropriate long term parking strategy. Six community workshops were held. The recommendations from the workshops were presented to the Old Town Local Review Board at its February meeting. The Board was supportive of the recommendations with a few minor additions. The recommendations were then presented to the Planning Commission on March 19, 2008. The Planning commission was also supportive and recommended the Strategic Plan to the City Council. On March 25, 2008, the Strategic Plan was presented to the City Council and received approval to move forward. Town Square Market Place As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency has issued a Request for Interest to select a preferred development partner. Initially six firms were interviewed and a second round of interviews took place in early April. Council and Staff have heard presentations from the two finalists. A site visit was also conducted. It is anticipated that an Exclusive Negotiating Agreement with a preferred developer will be brought to the City Council in the next 30 - 45 days. Facade Improvement Program The Facade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2007-08. The following facade improvements are in processor recently completed: Palomar Hotel - Paint Exterior, New Windows and Doors La Menagerie - Design and Install Sand Blasted Wood Signs The Bank of Mexican Food - Paint Exterior Door & Window Frames Butterfield Square - Paint Exterior HOUSING Housing Element Update The Agency is assisting with the Planning Department's Housing Element Update. The Housing Element is a chapter of the City General Plan and is required to be updated every 6 years. The Housing Element provides goals and policies for meeting the projected housing needs within the City. The City received comments back from Housing and Community Development {HCD) and updates and revisions were made to bring the Housing Element into better compliance. Diaz Road Exclusive Negotiation Agreement The Agency issued a Request for Interestto select a preferred development partner for the 30 acre site located on Diaz Road. Seven firms have responded. The Agency is negotiating an Exclusive Negotiating Agreement (ENA) with a preferred developer. Habitat for Humanity The five single-family units are in the final stages of construction. Habitat for Humanity has five qualified buyers and has tentatively scheduled the opening of escrow for the end of April with an official dedication in early May. Dalton III Mixed On March 28, 2006 the Council approved an Owner Participation Agreement with the D'Alto Partners to build amixed-use affordable housing project. The project consists of 22 units over 4,700 sq. ft. of retaiVcommercial. The project is located an the north side of Fifth Street, west of Mercedes. The Residential units have been occupied. First Time Homebuyers Program The Agency is currently evaluating the economic feasibility of the program Residential Improvement Programs The program budget for FY 07-08 is $230,940.17, with $38,950 funded an 7 units. The amount available to each participant is $7,500. OLD TOWN PROMOTIONSIMARKETING Farmers Market On November 6t",the City Council approved the Second Amendment to the License Agreement with Farmer's Market Management Inc. {The Cunninghams). Since November 10, 2007 staff has conducted seven (8) surveys revealing an average of 34 farmers, 23 retail vendors, 23 food vendors and 7 Old Town merchants per week. Staff will continue to monitor the Market each Saturday to collect attendance data. Old Town Marketing and Promotions In response to the merchant's request to be more involved in marketing and promotions in Old Town a public meeting was held in which it was determined that a working group of key stakeholders including the Chamber of Commerce, Convention and Visitor's Bureau, The Downtown Association and the Old Town Temecula Business Association be established. The purpose of the working group is to re-evaluate the marketing program for Old Town. This working group will meet every 2-3 weeks. The Group has been evaluating upcoming Western Days and Street Painting Festival events and is considering ways to expand both events. This year's Western Days will include a Chili Cook-off and the Street Painting Festival will include a Plein Air Art Competition. Western Davs Western Days will be held in Old Town May 17 & 18, 2008. This year, the event will feature an International Chili Societysanctioned Chili Cook Off on Sunday, May 18. Old Town Temecula's Gun Fighters will host a competition between Southern California gunfight clubs both days. At high noon both days the Temecula Gunfighters will treat the crowd to a comical bank robberyfeaturing dozens of bad guys in a final shoat out with the sheriff and his posse. Gunfight shows and competitions will be held hourly at the corner of Fourth and Front Streets. Live western music, a working blacksmith, pony rides and stagecoach rides will be part of the Old West fun. Pony rides and stagecoach rides will be available for a minimal fee. Other upcoming events will include the Street Painting Festival June 28 & 29 followed by Hot Summer Nights beginning July 11 through August 29. . v ~awars a~ V ~ ~ i ~ i i.~i •J. i.~ V V 1i~1 ~,>~ ~, ~~~ ,~,~ . .~, ` ~-~ ~i : ti;~~~: _ ~E :~ ._ . - Saturday d~c Sunday x~~~. ~~ -~ Ma ~ Z tic ~ 8 - Y 11 a.m. to 5 p.m. High Noon Shoot Out ~f ~• F~ presented by the Old Town Temecula Gunfigthers ~~~ ~ These zany gunslingers try to Rob The Bank ~- , a ,# ` ~:~~, at Front and Main Wild West and Gunfight Skits s 4:.. ``'~, Stagecoach Rides Saturday d~c Sunday 12:30-3:30 ~.~,,, . Calf Roping ~.~.~~~ .,. _ Lessons r ~~ With Jim Brooks 12-3 p.m. Each Day Pony Rides - ~ small fee hour beginning at noon MUSIC Satarday 12:30-3:30 Buffalo Sryan drc the Crosscountry Cowboys Sunday 12:30-3:30 Older than Dirt Pony Rides * Blacksmitls ICS Sanctioned Chile Cook Off Plus People's Choice Competition Sunday, May 18th 9 a.m. to 5 p.m. -w' '~ -,;~, ;~- i~* .^ TIMI: I IAII: C 9 a.m. Cooks Meeting Green Chili Cooking Time 10 a.m. to 1 p.m. Red Chili Cookinq Time 12 noon to 3 p.m. Presentation of awards on the stage near Palomar Hotel 4 p.m. pR17~C• Dnrl rhili• Est Mace ~~~~ 2nd Place X50 3rd Place X25 ~`hili \/nrrln Est Mace ~~5 2nd Place X50 3rd Place X25 CAI CA i ropnies People's Choice: 1st-3rd Place Trophies Entry Fee: Red Chili X35 +1 Gallon People's Choice Chili Verde X30 +1 Gallon People's Choice Sunday, May 18, 2008 '~ ~" Old Town Temecula AN ICS Sanctioned District Event ~ part of Western Days For More Information www.temeculacalifornia.com or (951) 694-6412 - - - - - - - - - - - - - - - - - OFFICIAL APPLICATION Team Name Business Name (if applicable) Team Captain: Address: City: E-mail: We are entering ^ Red andlor Green ^ Phone: State ICS MEMBER # People's Choice^ Zip apply for^ ^ Enclosed is a check (Payable to City of Temecula) for $ All Red & Chili Verde Contestants must be ICS Members to compete or submit X42 in addition to entry fee for new membership. People's Choice X25 {f + 11 IGIa7I^l l o n~ A`1I ~ jJ{~ ill ll(.~l~l,{~ ~~4 'J11 ~~~1 ENECIE U N I ~ It's All AhoutY~wu" Mail to: Temecula Chili Cook Off, 21705 Como Street, Wildomar, CA 92595 10ft. by 10ft. spaces will be provided. Bring EZ ups, etc for your comfort as well as tables, chairs and other items you may need. All contestants must follow Riverside County Health Department rules attached. I have read and agree to abide by the rules and regulations on the reverse side. Signed by: International Chili Society ~, Official Contestant Rules & Regulations ~ The following rules and regulations for cooks at the World's Championship, State, Regional and District Cookoffs are as follows: 1. Traditional Red Chili is defined by the International Chili Society as any kind of meat or combination of meats, cooked with red chili peppers, various spices and other ingredients, with the exception of BEANS and PASTA which are strictly forbidden. 2. Chili Verde is defined by the International Chili Society as any kind of meat or combination of meats, cooked with green chili peppers, various spices and other ingredients, with the exception of BEANS and PASTA which are strictly forbidden. 3. Salsa: there are no rules as to the ingredients or how to prepare your Salsa. It may be prepared at home and brought to the site that day, or it may be store bought and brought to the site, or it may be prepared at the cookoff. 4. No ingredient may be pre-cooked in any way prior to the commencement of the official cookoff. The only ex- ceptions are canned or bottled tomatoes, tomato sauce, peppers, pepper sauce, beverages, broth and grinding and/or mixing of spices. Meat may be treated, pre-cut or ground. MEAT MAY NOT BE PRE-COOKED. All other ingredients must be chopped or prepared during the preparation period. 5. You must be an ACTIVE ICS member to compete in any ICS competition including Traditional Red Chili, Chili Verde, and Salsa. You must be at least 18 years old. 6. The cooking period will be a minimum of 3 hours and a maximum of 4 hours. The exact starting and ending of the cooking period is to be announced by each local sponsoring organization. Cooking during entire cooking period is at the sole discretion of the contestant. 7. A representative of the sponsoring organization shall conduct a contestant's meeting, at which time final instructions are to be given and questions answered, no later than 1 hour prior to the official starting time of the cookoff. 8. Contestants are responsible for supplying all of their own cooking utensils, etc. The sponsors of the cookoff will provide an area for each contestant and in some instances stoves and/or electrical outlets. 9. Each contestant must cook a minimum of two quarts of competition chili prepared in one pot, which will be submitted for judging. 10. Contestants will be permitted to sell or participate in People's Choice Chili with the approval of the cookoff chairperson and in compliance with State and local agencies. It is at the discretion of each contestant if he or she wants to participate in People's Choice, unless the sponsoring organization requires People's Choice Chili in lieu of the entry fee (2 gal maximum) or in addition to the entry fee (1 gal maximum) may be required, but cooks should not be limited to a specific amount. Contestants may elect to pay a cash entry fee rather than provide People's Choice Chili. PEOPLES CHOICE CHILI MUST HAVE BEANS OR PASTA. 11. Each contestant will be assigned a contestant's number by the Chief Scorekeeper and be given an official 32 oz. ICS judging cup. Each contestant should verify that the number on the bottom of their cup is the same as their assigned contestant number. Each contestant is responsible to deliver their cup, which must be filled to the bottom of the cup's rim, to the judging area at the official time for judging. 12. Judges will be told they should vote for the chili they like best based on the following major considerations: good flavor, texture of the meat, consistency, blend of spices, aroma, and color. 13. The decisions of the Chief Judge shall be final. COUNCIL BUSINESS ITEM N~}. 24 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems (IS) DATE: April 22, 2008 SUBJECT: Consideration of A.M. Emergency Advisory Radio System (At the request of Mayor Pro Tem Edwards and Council Member Comerchero) RECOMMENDATION: Receive and provide direction. BACKGROUND: The City of Temecula has embraced technology as a means to better communicate with our residents, to better respond to emergencies, to streamline operations, to assist in our economic development activities, and a host of other applications. After the fire damage that occurred last October, Councilmember Jeff Comerchero called for the creation of an external communications subcommittee to review all venues and media offerings available to the community. Mayor Pro-Tem Edwards and Jeff Comerchero were appointed to a subcommittee that has already met twice on 12/11/2007 and 03/18/2008. One of the items that surfaced in these meetings was the potential of securing an A.M. Emergency Advisory Radio System that could provide a live broadcast capability to residents on their A.M. radios. The subcommittee also requested a review of the feasibility of partnering with Murrieta to extend the range of this new capability. The IS Department has begun the process of obtaining an A.M. frequency from the Federal Communications Commission and a preliminary approval has been received for 1610. The A.M. Emergency Advisory Radio system provides City staff with the ability to pre-record messages and quickly create broadcasts to match anticipated emergency scenarios. For new situations, via telephone or an Internet browser, they can efficiently insert newly recorded messages. The A.M. System also offers a "live" broadcast capability. The fixed A.M. Radio System covers a 3-5 mile radius or about 28-38 square miles. The location chosen for this System is the Temecula Public Library located in the center of town on Pauba Road. FISCAL IMPACT: The cost to the City for one fixed A.M. System is approximately $20,000.00. This money is available in the FY 2007/08 Operating Budget for Police and Fire. ITEM N~}. 25 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Peter M. Thorson, City Attorney DATE: April 22, 2008 SUBJECT: Campaign Disclosure Ordinance (at the request of Council Member Comerchero) PREPARED BY: Peter M. Thorson, City Attorney RECOMMENDATION: That the City Council Introduce and read by title only an ordinance entitled: ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS BACKGROUND: At the April 8, 2008 Council Meeting Council Member Comerchero requested the Staff to prepare a report to the Council on a Campaign Disclosure Ordinance in response to concerns raised by a resident during Public Comment. Currently under the Political Reform Act, candidates and their committees are required to file campaign disclosure statements with the City Clerk. Various committees that are independent of a candidate (including "political action committees" or "PACs") are required to file campaign disclosure statements with the California Secretary of State. These reports detail contributions received and expenditures made on behalf of candidates and ballot measures. In addition the PACs are required to file certain registration documents in the county in which they are organized. It is difficult for interested people to access these registration and disclosure statements filed by PACs. A PAC can be organized in any county and must file registration documents with the county in which they are organized. Unless a person knows where the PAC was organized, it is difficult to find out information about its organization and activities unless one searches the records of all 58 counties. Similarly, it is also difficult for an interested person to access campaign disclosure information filed by PACs with the Secretaryof State concerning contributions and expenditures made in a particular election. The disclosure documents are filed with the Secretaryof State in Sacramento and are organized by the name of the PAC and not by the election or city in which the contribution or expenditure was made. Thus, to find out if a PAC made a campaign contribution, or campaign expenditure or provided some service on behalf of a candidate or ballot measure, a person would either need to know the name of the PAC that might have contributed or review thousands of pages of documents looking for contributions to a particular election. Additionally, the filing of documents by committees and PACs is notoriously slow and out of date. SUMMARY OF PROPOSED CAMPAIGN DISCLOSURE ORDINANCE The proposed Campaign Disclosure Ordinance would make it easier for people to access campaign disclosure information by requiring the filing of disclosure documents for Temecula elections with the City Clerk. The Campaign Disclosure Ordinance would require that: (1) Candidates file a statement with the City Clerk listing the candidates campaign committees at the time nomination papers are filed or 24 hours after establishing a committee [2.10.030(a)]; (2) Committees not controlled by a candidate (PACs) file with the City Clerk identifying information about their committee within 24 hours of the making of any expenditure on behalf of a candidate or ballot measure [2.10.030{c)]; (3) "Committee" includes, but is not limited to, controlled committees, committees primarily formed to supportloppose local measures, general purpose committees, major donor committees, independent expenditure committees or political action committees [2.10.010(b)]; (4) Committees contributing to a Temecula candidate or ballot measure must also file their state campaign disclosure statements with the City Clerk at the same time as they are filed with the state [2.10.030(d), (e) 2.10.050]; (5) Candidates and committees must report "late contributions" (within eight days of an election) to the City Clerk with 24 hours of receipt [2.10.040]; (6) Candidates and committees must submit to the City Clerk a copyof printed campaign materials sent to 100 or more voters within 24 hours of mailing or delivery along with the name and identifying information of the candidate or committee [2.10.060]; (7) Violations of the Campaign Disclosure Ordinance are subject misdemeanor prosecution, administrative fines and civil penalties under Chapters 1.20, 1.21 and 1.24 of the Temecula Municipal Code and are subject to civil actions to enjoin violations by the City or a resident of the City [2.10.080]; and (8) All of the existing and future disclosure provisions of the Political Reform Act remain in effect except that this ordinance imposes some stricter requirements [2.10.010(c)]. FISCAL IMPACT: Depending on how many additional disclosure forms may be filed, there will be certain additional administrative costs to the City Clerk's Office. Additionally there could be costs of enforcement that would be recoverable from the violator. ATTACHMENTS: Ordinance No. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10, CAMPAIGN DISCLOSURE REQUIREMENTS ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.10 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR CAMPAIGN DISCLOSURE REQUIREMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2.10, Campaign Disclosure Requirements, is hereby added to the Temecula Municipal Code to read as follows: "Chapter 2.10 CAMPAIGN DISCLOSURE REQUIREMENTS 2.10.010. Purpose. The purpose of this chapter is: (a} To require full disclosure of the identity of all contributors to campaigns in support of ar in opposition to candidates for the city council and city ballot measures; (b} To make the public's examination of campaign disclosure documents concerning Temecula elections more convenient and accessible to the people of Temecula; and (c} To impose disclosure requirements, and prohibitions that are as or more stringent than those imposed by state law pursuant to California Government Code Section 88706. 2.10.020. Definitions. The definitions set forth in the Political Reform Act of 1974, as amended (Government Code Sections 82000 through 82055}, shall govern the interpretation of this chapter, except that: (a} "City ballot measure" shall mean any initiative, referendum or city council- sponsored measure that is to be submitted solely to the voters of the City of Temecula; and (b} "Committee" shall mean any person ar combination of persons who directly or indirectly does any of the following: (1 } Receives contributions totaling two hundred fifty dollars ($250.00} or more in a calendar year; or R:/Ords 2008/Ords 08- (2} Makes independent expenditures totaling two hundred fifty dollars {$250.00} or more in a calendar year; or (3} Makes contributions totaling more than one thousand dollars ($1,000.00} in a calendar year to or at the behest of any candidate or candidates far city council, any controlled committee or committees of such candidate or candidates, and any committee which supports or opposes such candidate or candidates. A person or combination of persons that becomes a committee shall retain its status as a committee until such time as that status is terminated pursuant to Section 84214 of the California Government Code. The provisions of this subsection (b} shall apply only to committees which receive contributions or make independent expenditures to support or oppose a city ballot measure or a candidate for city council. The definition of committee contained in the Political Reform Act {California Government Code Section 82013} shall apply to all other committees that are engaged in activities not in support of or in opposition to a city ballot measure ar a candidate far city council. "Committee" includes, but is not limited to, controlled committees, committees primarily formed to supportloppose local measures, general purpose committees, major donor committees, independent expenditure committees or political action committees. (c} "Candidate" shall mean an individual who is listed on the ballot or who has qualified to have write-in votes on his ar her behalf counted by election officials for nomination or election to the city council, or who receives a contribution or makes an expenditure or gives his or her consent for any other person to receive a contribution or make an expenditure with a view to bringing about his or her nomination or election to the city council, whether or not he or she has announced his or her candidacy or filed a declaration of candidacy at such time. "Candidate" also includes any member of the city council who is the subject of a recall effort. For the purpose of this chapter, a member of the city council becomes the subject of a recall effort, and therefore becomes a candidate, at such time as the notice of intention to circulate petitions is served on that member. Thereafter, any action taken by a person to advocate the recall of the candidate shall be deemed to be opposing the candidate, and any action taken by a person to oppose the recall of the candidate shall be deemed to be supporting the candidate. An individual who becomes a candidate shall retain his or her status as a candidate until such time as that status is terminated pursuant to Section 84214 of the California Government Code. "Candidate" does not include any person within the meaning of Section 301 (b} of the Federal Election Campaign Act of 1971." R:/Ords 2008/Ords 08- (d} "Expenditure" means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes. "Expenditure" does not include a candidate's use of his ar her own money to pay far either a filing fee far a declaration of candidacy or a candidate statement prepared pursuant to Section 13307 of the Elections Code. An expenditure is made on the date the payment is made or on the date consideration, if any, is received, whichever is earlier. (e} "Independent expenditure" means an expenditure made by any person in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. 2.10.030. Campaign contribution disclosure. (a} In addition to any other report required by law to be filed, each candidate for city council shall, at the time he or she files nomination papers for such office, file with the City Clerk a statement, in letter form or on a form prescribed by the City Clerk for such purpose, which contains the following information (copies of previous campaign statements may be appended to the statement for the purpose of supplying the required information}: {1 } The name and address of the candidate's controlled committee; (2} The treasurer of such controlled committee; (3} The total amount of cash on hand in such committee's account as of the date of filing the statement; and (4} The information specified for disclosure of contributions and expenditures in subsection (c} of this Section. (b} If the candidate filing nomination papers has not yet organized a controlled committee at the time of filing, he or she shall file the statement required by Section 2.10.030{a) within twenty-four {24} hours of filing a statement of organization with the secretary of state's office. (c} Any committee not controlled by a candidate for city council that makes a contribution or independent expenditure to support or oppose a candidate or a city ballot measure shall, within twenty-four (24} hours of making such contribution or independent expenditure, file in the office of the City Clerk a letter containing the name and address of the committee, the full street address of the committee, the Fair Political Practices Commission/Secretary of State identification number of the committee, the treasurer of the committee, and the candidate{s) and/or city ballot measure{s} supported or opposed by the R:/Ords 2008/Ords 08- committee. Upon receipt of such a filing, the City Clerk shall distribute copies of the letter to the affected candidates and/or committees. It shall be unlawful for any person or committee to knowingly file or publish any name or street address for a committee that is not the complete and accurate name and/or street address of the committee. (d} Thereafter, each candidate, controlled committee, or committee which supports or opposes a candidate or candidates for the city council shall, for each person from whom the committee has received cumulative contributions in excess of five dollars ($5.00) in connection with a single election for member of the city council, report on the committee's campaign statement the information specified for disclosure in California Government Code Section 84211 {f} or any successor statute, in addition to any other information required by law to be disclosed. Such reports shall be filed pursuant to the time schedule established by the Political Reform Act and this chapter. (e} Any candidate or committee which is required to file pre-election statements pursuant to California Government Code Section 84200.8 in connection with an election for member of the city council shall, in addition to the statements required to be filed by that Section, file apre-election statement not later than twenty-six (26) days before the election which covers the period beginning forty-four {44} days before the election and ending thirty-one (31 }days before the election. 2.10.040. Late campaign contribution disclosure. {a} Any contribution, including a loan, which totals in the aggregate five dollars {$5.00} or mare in support of or opposition to a city ballot measure or candidate for city council, which is received after the closing date for the committee's or candidate's final pre-election statement, shall be reported in the manner required by Section 2.10.030 to the City Clerk by email, mailgram, telegram, guaranteed overnight mail through the United States Postal Service, or personal delivery within twenty-four (24} hours of the time it is received by the candidate or committee if the contribution is received eight (8} or more days prior to the date of the election. Reports by email shall not be valid unless confirmed by the City Clerk. (b} A late campaign contribution need not be reported, nor shall it be deemed accepted, if it is not cashed, negotiated or deposited and is returned to the contributor within seven (7) days of its receipt. Late campaign contributions shall be reported on the form required by the City Clerk. 2.10.050. Filing of campaign statements and reports. In addition to committees that are already required to file campaign reports and statements with the City Clerk pursuant to the Political Reform Act, any other committees within the definition of "committee" contained in Section 2.10.020, R:/Ords 2008/Ords 08- including but not limited to committees that receive contributions or make independent expenditures totaling the threshold amounts specified in Section 2.10.020 to support or oppose a city ballot measure or candidate for city council, shall file pre-election statements for late contribution reports with the City Clerk in accordance with the filing schedule specified by the provisions of the Political Reform Act and this Chapter. 2.10.060. Printed campaign communications. (a} For the purposes of this Section, a printed campaign communication shall include any printed or copied flier, advertisement, brochure, letter, mailer or other substantially similar communication, which directly or indirectly attempts to influence the action of the voters for or against the election of any candidate or candidates or the qualification, passage or defeat of any city ballot measure. (b} Any person, candidate or committee who mails or delivers to voters by any means, or causes to be mailed or delivered to voters by any means, one hundred (100) or more substantially similar printed campaign communications within any calendar month shall comply with the following requirements: (1 } The printed campaign communication shall comply with the requirements of California Government Code Section 84305 and any successor statute, notwithstanding the two hundred {200} piece threshold set forth in that statute. If the sender is in fact an individual, a candidate or a committee controlled by a candidate, the printed campaign communication shall also contain the name of such individual or candidate; and {2) A true and correct copy of the entire printed campaign communication along with the name and address of the committee, the full street address of the committee, the Fair Political Practices Commission/Secretary of State identification number of the committee and the treasurer of the committee, shall be filed with the City Clerk not more than twenty-four {24} hours after the printed campaign communication is mailed or delivered. (c} No person, candidate or committee shall mail or deliver to voters any printed campaign communication that expresses or implies the endorsement of a named candidate or candidates by another named candidate ar candidates, unless the sender first secures the written consent of the candidates named. The original of such written consent shall be filed with the City Clerk at the same time a copy of the printed campaign communication is filed pursuant to subsection {b}. (d} The requirements of this Section shall not apply to the original publication in a regularly published newspaper, magazine or other periodical of general circulation of a news story, editorial, commentary, or photograph; or to the publication of a communication printed by an organization in the regularly R:/Ords 2008/Ords 08- published newsletter or periodical of the organization which is circulated to the organization's members and/or employees. 2.10.070. Record-keeping and audits. (a} It shall be the duty of each candidate, treasurer, and principal officer of any committee to maintain such detailed accounts, records, bills, copies of checks, and receipts that are necessary to prepare the campaign statements required by this chapter and the Political Reform Act. Such records shall be maintained and retained by the filer pursuant to the provisions of the Political Reform Act and regulations promulgated by the Fair Political Practices Commission. Persons maintaining such records shall, upon not less than seven (7} days written notice, make such records available for review and/or audit by a designated representative of the City of Temecula or the Riverside County District Attorney. (b} Far the specific purpose of enforcing the provisions of this chapter only, the City Clerk or the City Attorney, or their designated representatives, may investigate and audit the records and reports of any candidate, candidate's controlled committee, and any other committee that supports or opposes any candidate or candidates or any city ballot measure. 2.10.080. Remedies. (a} In the case of any violation of this chapter by a committee, the treasurer and any principal officers or, in the case of a controlled committee, the treasurer and the candidate, may be liable for violations as provided herein. If two (2} or more persons are liable for any violation, they shall be jointly and severally liable. (b} Any person or candidate who knowingly or willfully violates any provision of this Chapter shall be subject to the enforcement provisions and penalties of Chapters 1.20, 1.21 and 1.24 of this Code. (c} The City or any person residing in the city may sue in Riverside County Superior Court to enjoin violations of, or to compel compliance with, the provisions of this chapter. Any person who is found by a court of competent jurisdiction in such an action to have intentionally or negligently violated any provision of this chapter may be held liable for a civil penalty not to exceed three (3} times the amount in controversy. In determining the amount of a civil penalty, if any, the court shall take into consideration the seriousness of the violation, and the degree of culpability of the defendant. In lieu of, or in addition to, a civil penalty, the court may order compliance with the provisions of this chapter. Civil penalties, if any, shall be paid to the person or persons filing the action. The prevailing party in any such action shall be entitled to seek and be awarded its attorneys fees and court casts. Any action for civil injunctive relief and/or civil penalty must be filed within one {1 }year of the date of the alleged violation. No R:/Ords 2008/Ords 08- civil action may be brought if a criminal action is pending for the same or related violations, unless such criminal action is dismissed by the prosecuting attorney." Section 2. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Ords 2008/Ords 08- 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. 08- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22"d day of April, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk R:/Ords 2008/Ords 08- DEPARTMENTAL REPORTS ITEM N~}. 26 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams DATE: April 22, 2008 SUBJECT: Economic Development Department Report for the Month of March 2008 PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: Receive and file The following are the recent highlights for the Economic Development Department for the month of March 2008. OUTREACH MATERIALS/MEDIA Staff prepared the article for the April issue of the Temecula Valley Chamber of Commerce newsletter. The article highlighted the Temecula Youth Employment Expo which will take place on Saturday, April 12th at the Community Recreation Center. During the month of March, staff continued to work with Kevin Viera of Western Riverside County of Governments (WRCOG) and True North on WRCOG's Regional Commuter Survey. The City of Temecula has contracted with WRCOG to have an oversample for additional interregional commuters conducted as part of the WRCOG regional survey as this will provide the City with a set of crosstabulations that will show all of the results for Temecula only. This is another tool that is of great value so we will be receiving specific "Temecula data" as part of these studies which should provide some much needed information on today's commuters. Staff provided photography on Temecula to the Riverside County Economic Development Agency (EDA). The EDA has a new tradeshow booth and they are preparing a CD to show at their both. The EDA will play this CD during each tradeshow and it continuously loops to draw the attention of attendees. The CD will show photos of all the cities in Riverside County. Staff listened to a webinar on March 5th regarding "Economic Development Websites" presented by consultant Bob Ady of Ady International. The webinar provided an insider's point of view to the site selection process. Staff is updating its Economic Development section on the City's website and the webinar provided good information on how to best structure this section - content, navigation and design. Staff met with Mike Arnold on March 3~d to discuss advertising opportunities in California Business Images, a business publication sponsored by the California Association of Local Economic Development (CALED). The Economic Alliance purchased a full page ad on behalf of the Alliance Partners. Issues will be distributed by advertising organizations and learning institutions as well as CALED. A copy will also be mailed to over 450 site selectors throughout the Country. The online version will have streaming video and links back to all advertisers' websites from the ads. The publication comes out in June. EVENTS Staff has met several times in March with representatives of the Temecula Rotary and Triathlon Committee on their Triathlon event and discussed the appropriate road closures associated with the event. The route has been relocated from the center of town utilizing the Community Recreation Center to the south end of town utilizing Great Oak High School and the Vail Ranch Circle. This change was done in an effort to reduce the impact to motorists and closing/reducing major streets such as Margarita Road. The Triathlon is scheduled for April 13t" Staff provided assistance on two special events scheduled for March 30th. Quaid Harley Ride: 1,000 - 2,000 bikers The "Easy Ride Against CysticFlbrosis" sponsored by the Fibrosis Foundation: 400-500 bikers Staff prepared staff reports for the City sponsorships of the Temecula Valley Balloon & Wine Festival, Temecula International Jazz Festival and the Temecula Valley International Film & Music Festival. The events were approved at the April 8t" Council meeting. The Southwest California Economic Alliance will be putting on their second Virtual Job Fairwhich will run April 1-30, 2008. The website for the Virtual Job Fair is www.stopyourcommutinq.com. On March 6t", staff met to discuss upcoming Old Town events and the impact they may have to the Civic Center construction. Staff will provide construction schedule updates to event organizers which will be helpful as they plan their events in Old Town. Staff attended numerous Youth Employment Expo Planning Meetings in the month of March. The focus is to develop a Youth Employment Expo for Temecula Valley youth ages 16 - 22. The Expo will be held on Saturday, April 12 from 9:00 am - 11:30 am at the Community Recreation Center in Temecula. Staff was actively involved in the planning of this Expo. MEETINGS On March 6t", staff met with Corinna Coram to discuss the Career Preparation Certificate Program. There are 5 phases to this program which consists of: Middle School Age Accomplishment Documentation; Resume Preparation; Career Preparation Certificate; Job Shadow, Mentoring and Internships; and Community Service, Financial Portfolio and Partners in Education Alumni. The Career Preparation Committee will be a subcommittee of the Partners in Education Committee. On March 10t", staff attended the Partners in Education Committee Meeting at the Temecula Chamber office. Updates were provided on the Youth Employment Expo and Career Day. There was discussion on Pathways courses and accountability measures. Gary Wilson provided an overview of the new requirements for the Perkins Federal Funding. The Perkins application is due in October 2008. Staff met with Ruth Hobbs of the Temecula Valley Arts Council on March 12th to discuss the arts program as well as their future office needs. Representatives ofChapman University met with staff on March 13t" to talk about higher education opportunities in Temecula. Staff attended the Temecula Valley Convention & Visitors Bureau (CVB) Annual Meeting at Embassy Suites on March 13t". Temecula Assistant City Manager Bob Johnson provided a power paint presentation on the Civic Center and Old Town Visioning Project. Dennis Ferguson, CVB Chairman of the Board, provided a power point presentation on the successes of the Visitors Bureau for Year 2007. Tomi Arbogast provided an update on the Temecula Valley Winegrowers Strategic Plan. On March 17t", Mayor Pro Tem Edwards and staff met with Ken Dodd of Final Touch Marketing to discuss marketing ideas and tactics to attract key high-tech industries to the area. Temecula Assistant City Manager Aaron Adams made a presentation to middle-school students at the James L. Day Middle School Career and College Expo on March 21St. Representatives of local businesses, community leaders and educators also participated in the expo. The goal of the event was to get more students on track to attend college. On March 24t", staff met with Jon Atwood of Toyota of Temecula Valley on the proposed automall sign and partnership. On March 25th, staff met with Gary Sorter of DCH Auto Group in Temecula. Mr. Sorter provided an update on DCH's new personnel contacts - Regional Vice President T.Y. Lai, President & CEO Susan Scarota and Area Vice President Mark Sachs. On March 25t", staff met with representatives from Cal State University San Marcos regarding expanding its presence in Temecula and brainstorming ideas and concepts for their proposed curriculum on a skilled nursing program as well as teacher credentialing. Staff is excited about this opportunity and with the new planned Temecula hospital staff believes this higher education presence and focus on nursing and other medical disciplines is imperative. Staff attended the Southwest California Economic Alliance Partners Meeting on March 26~" at the Alliance office. The Partners were updated on the renewal of the Alliance/Southwest Airlines partnership. Items discussed included the Alliance Commercial Broker Breakfast scheduled for May, Team California partnership, FY2008I09 Alliance Partners funding, upcoming site selector event and updating the Alliance website. There was also discussion on several upcoming key industry conventions that Team Riverside and the Alliance will be participating at (CoreNet Global Summit on May 4 - 7 and Bio International Convention on June 17 - 20). CoreNet Global is the world's leading professional association for corporate real estate and workplace executives serving leading multinational companies from the Fortune and Global 1000. Bio International is a global event for biotechnology with more than 65 countries are represented. The Temecula Valley Winegrowers will be partnering with Team Riverside on wine receptions for the events which will be held in San Diego. On March 27t", the Economic Development Subcommittee (Council Members Roberts and Washington) and staff met to discuss the funding requests of Economic Development Organizations and Special Events. The Economic Development Subcommittee made their recommendations which will be discussed at the Budget Workshop in May. This meeting was noticed. During the month of March, staff prepared the Economic Development line-item budget for Council consideration. Staff also prepared Economic Development Funding Request Binders for the Economic Development Sub Committee to review. ATTACHMENTS: Temecula Valley Chamber of Commerce Activities Report Temecula Valley Convention & Visitors Bureau Activities Report Southwest California Economic Alliance Activities Report TE ECU' V Y COMMERCE "LfADINGTHf WAY April 9, 2008 26790 Vnez Court Suite A, Temecula, CA 92591 P: 951.676.5090 F: 451.694.0201 www.temerula.org info@tememla.org Shawn Nelson, City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the March Monthly Activity Report as per our contract with the City of Temecula. Chamber staff assisted 5 businesses interested in relocating to Temecula. 2008 China Trip Update: The Chamber staff organized a nine day China Trip for the month of March. A total of 280 persons went on the trip. Chamber staff attended a business conference and a few of our group made individual business meeting with their contacts. Overall the trip received raving reviews from travelers. The Chamber is in the process of organizing a Washington D.C. trip in September and offering a China Trip next year. Youth Employment Expo and Career Fair: The expo will take place on Saturday, April 12`h at the Community Recreation Center. A total of 60 employers and exhibitors will be in attendance. The following workshops will be taking place: ]ob Search Tips; Application Tips; Interviewing Tips; Interview Practice. The City of Temecula, Riverside County Office of Education, Temecula Valley School District, Workforce Development Center of Riverside County and the Chamber have partnered to make this event successful. Financial Audit: 2006/2007 Financial audit was completed by Nigro, Nigro 8c White in March 2008. Business Development Resource Committee: The Chamber Spotlight winner for March was Old Town Spice Merchants. The Mystery Shopper winner was Sala Thai Cuisine and Volunteer Businesses of the Month, chosen by Membership, were Dearborn West, LLC and Global Health INS, Marketing, Inc. The Business Success Forum was on Tuesday, March 11. The Small Business Development Center presented the topic Marketing Your Website. The first 55+ Networking event was Friday, March 14, 7:30-gam. The event was well received by those who attended. The Sphere of Influence- Weddings is scheduled for Tuesday, April 22. The CVB will participate in this event and there has been a high response to this event. Valley Young Professionals: A committee has been formed for the Valley Young Professionals Group. The Group will be called VYP (Valley Young Professionals). This group will focus on Civic; Education; Networking and Exchanging Resources. This committee will have its first full meeting Thursday, April 10. Membership Committee: 30 businesses joined the Chamber in the month of March and 70 renewed their membership. Staff and Ambassadors attended 15 Ribbon Cutting events in March. They are listed below: • Travel by Cheryl • MJ Flooring • Pole Position Raceway • Z-Sushi Cafe • Merlot Mortgage • Day 8t Night DJ Service • Action Coach • Old Towne Mercantile • Century 21 Tri-Valley- Michael Crawford • San Diego National Bank • Dental Suites at Rancho Pueblo • Sage Canyon Apartments • Referral Hound Systems • Law Office of Alan MoHill • KinderCare Learning Center The New Member Reception was held March 6~' and welcomed 68 New Members. The March Mixer was held at Timmy D. Productions, Valley Events and Premier Marketing and attended by approximately 350 members. The Networking Breakfast was held March 26th with an attendance of 86 members. An Ambassador Social was held March 26tt' with an attendance of 25 Ambassadors. This event was hosted by Guaranty Bank, 40440 Margarita Road. Additional welcome visits were made to new businesses by Chamber CEO, staff and Ambassadors. Southwest California Legislative Council: The Chamber and the council will have a representative speak at the State Capitol on March 24a' to testify on the sponsored Transportation Legislation AB 1968. Assembly Member Jeffries will introduce the legislation on our behalf designed to streamline efforts to expedite traffic infrastructure improvements. SWCLC Chairman Greg Morrison was recently interviewed by KZSW regarding the SWCLC's support of AB 2127 which would allow for flexible work week schedules. The RCTC presented their HOT-Lane Program initiative that would allow for 145 new lane miles of tolled highway. The SWCLC also took positions on the following items: • H.R. 5012 - On Time Act - A motion was made to tentatively support the concept of this bill, contingent upon additional information on the economic impacts. • AB 2127 -HOT Lane Program Support • H.R. 3195 - ADA Protections Oppose • California Voters First Act Support Green Valley Initiative -Daniel Cozad and Imran Farooq presented the Green Valley Initiative. Their mission is to transform the Riverside and San Berardino counties into a region thatintegrates people and business with natural resources to create jobs, greater opportunities and a higher quality of life. Individual chambers have the option to review and support the resolution. State of the City: The State of the City event will be .held on Thursday, April 17, 2008 at Pechanga Resort & Casino by the Honorable Mike Naggar. Over 350 attendees are signed up to date.. Chamber Golf Classic: The Chamber is coordinating the 17th Annual Chamber Golf Classic to be held on Friday, May 2, 2008 at Temecula Creek Inn. Paradise Chevrolet Cadillac is the Title Sponsor for this year's event. Over 70 golfers have already signed up to participate in the tournament. Some sponsorship levels are still available. Healthcare Expo: The Chamber will be holding a Health & Wellness Expo this year. The task force planning the event will begin meeting to discuss the logistics of the event. Tourism Highlights (Bulk brochure distributors) Activity Report: 30 each, visitor guides, winery brochures, and tourism maps were given to Tim. Vasquez for an RV rally in June. • 50 Tourism maps were given to Southern California Reined Cow Horse Association for out of town competitors. • 24 membership directories were given to Sycamore Terrace Apartments for new tenants, 10 each, visitor guides, winery brochures, tourism maps acid street maps were given to Tanya Fallis, Tarbell Realtors for potential clients. • 30 each, visitor guides, tourism maps, and street maps were given to ]J Swanson,. Coldwell Banker for potential clients. • 20 Visitor Guides, and 60 winery brochures and tourism maps were given to Southwest Healthcare Systems for hospital guests. • 10 each, visitors guides, winery brochures, tourism maps were given to Temecula Balloon and Wine Festival. Also, attached are the meeting minutes for the Business Development Resource, Southwest Legislative Council, and Membership committees. If you have any questions regarding this information, please call me at (951) 676-5090 or a-mail asullivan@temecula.org. Thank you. Sincerely, Alice Sullivan, IOM President/CEO cc: Mayor Mike Naggar Councilman Ron Roberts Shawn Nelson, City Manager Grant Yates, Deputy City Manager Aaron Adam, Assistant City Manager Bob Johnson, Assistant City Manager, Mayor Pro Tem Maryann Edwards Councilman Jeff Comerchero Councilman Chuck Washington TVCC Board of Directors Gloria Wolnick, Marketing Coordinator BCD Director Temecula Valley Chamber of Commerce Monthly Activity Report March 2008 Chamber Year-To-Date PHONE CALLS This Month Total TOURISM Tourism Referrals 821 2,020 Calendar of Events 410 1,057 Special Events 245 776 General Information 1,443 4,343 TOTAL TOURISM CALLS 2,919 8,196 Relocation 203 758 Demographics 245 745 Chamber 876 2,520 Miscellaneous 725 2,158 TOTAL PHONE CALLS 2,049 14,377 WALK-INS Tourism 197 621 Calendar of Events 167 435 Special Events 212 596 General Information 1,321 3,855 Relocation 132 473 Demographics 178 556 Chamber 687 1,785 Miscellaneous 545 1,533 TOTAL WALK-INS 3,439 9,854 MAILINGS Tourism 1,278 4,101 Relocation 67 186 Demographics 178 486 TOTAL MAILINGS 1,523 4,773 E-MAIL Tourism 143 378 Relocation 54 194 Miscellaneous 532 1,309 TOTAL E-MAIL 729 1,881 WEB PAGE USER SESSIONS 15,010 45,609 GRAND TOTALS This Month Year-To-Date PHONE CALLS 4,968 22,573 WALK-INS 3,439 9,854 MAILINGS 1,523 4,773 E-MAIL 729 1,881 WEB PAGE USER SESSIONS 15,010 45,609 Annual Volume Comparisons Chamber March 2007 PHONE CALLS TOURISM Tourism Referrals Calendar of Events Special Events General Information TOTAL TOURISM CALLS 353 164 268 3, 686 4,471 Chamber March 2008 821 410 245 1,443 2,919 Percentage 233% 250% 91% 39% 65% Relocation 140 203 145% Demographics 123 245 199% Chamber 864 876 101% Miscellaneous 644 725 113% TOTAL PHONE CALLS 6,242 2,049 33% WALK-INS Tourism 202 197 98% Calendar of Events 133 167 126% Special Events 120 212 177% General Information 2,778 1,321 48% Relocation 136 132 97% Demographics 114 178 156% Chamber 535 687 128% Miscellaneous 559 545 97% Visitor Center Walk-Ins 215 TOTAL WALK-INS 4,792 3,439 72% MAILINGS Tourism 2,915 1,278 44% Relocation 24 67 279% Demographics 21 178 848% TOTAL MAILINGS 2,960 1,523 51% E-MAIL Tourism 75 143 191% Relocation 68 54 79% Miscellaneous 197 532 270% TOTAL E-MAIL 340 729 214% WEBSITEUSERSESSIONS 6,234 15,010 241% * Chamber referrals reflect faxes, walk-ins and phone calls SOUTHWEST CALIFORNIA LEGISLATNE COUNCIL www.southwestcaliforniaadvocacy.biz Temecula Valley Chamber of Commerce Lake Elsinore Valley Chamber of Commerce Murrieta Chamber of Commerce March 2008 SWCLC Meetino Minutes Monday, March 17, 2008 Chamber Advocacy: Shaun Lumachi 2008 Chair: Greg Morrison (Present) Directors Present: Karen Wikert, Scott Crane, Lynn Effinger, Dennis Frank, Dr. Billie Blair, Isaac Lizarraga, Roger Ziemer, Gene Wunderlich, Glen Daigle, Michelle Penna Directors Absent: Amy Minniear, Joan Sparkman, Carl Johnson Members Present: Jeff Greene-Office of Kevin Jeffries, Kari Reuther-Granite Construction Tamra Middlecamp-City of Temecula, Jolene Allred-Eastern Municipal Water District, Dave Willmon-League of California Cities, Jeff George-Wildomar Chamber of Commerce, Denis Nurmela-VitaLift, Vicki Carpenter-Menifee Valley Chamber of Commerce, Karen Brown-Congresswoman Mary Bono, Morris Myers-EDC, Imran Farooq-Green Valley Initiative, Larry Gilbert-Prop 98, Norma Arias-Lee, MWD, Dorena Ouattora-United Way, Adam Evantov-TMG Communications, Thomas McKenzie-Mission Oaks National Bank, Jolyn Murphy-Congressman Calvert's Office Staff Present: Alice Sullivan and Laura Turnbow -Temecula Valley Chamber of Commerce Kim Cousins Lake Elsinore Chamber of Commerce Rex Oliver- Murrieta Chamber of Commerce Meeting called to order at 12:08pm by Chairman Greg Morrison 1. Approval of January 2008 Minutes Motion was made to approve the February 2008 meeting as written. The motion was seconded and carried by a unanimous vote. 2. Chair's Report -Transportation bill AB 1968 is scheduled to be heard on Monday, March. 24th. Morrison will be present at the hearing and speak on behalf of the SWCLC. E-Alerts were sent last week addressing current issues. 3. H.R. 5012 (Calvert) On Time Act -This legislation would provide atrade-based funding stream dedicated to high priority projects that will alleviated congestion in the nation's trade corridors. The bill would allow fora 3/a of i% trade fee (maximum of $500) on cargo entering through all ports of entry. The fees would be utilized to mitigate transportation projects throughout the U.S. Jolyn Murphy offered an overview on this bill. Riverside County would benefit as a great deal of cargo travels through the county as it moves to other destinations. The motion was made to tentatively support the concept of this bill, contingent upon additional information on the economic impacts. The motion was seconded and carried by a unanimous vote. 4. Green Valley Initiative -Daniel Cozad and Imran Farooq presented the Green Valley Initiative. Their mission is to transform the Riverside and San Bernardino counties into a region that integrates people and business with natural resources to create jobs, greater opportunities and a higher quality of life. It is created to be a joint marketing effort for San Bernardino and Riverside counties to capitalize on green technologies and use as a unifying focus. They strive to create a balance of housing and employment and alleviate the need to commute. The Green Valley Initiative requests the SWCLC's participation by approving a resolution and appointing a coordinator to represent the group and assist with further development of the initiative. Individual chambers have the option to review and support the resolution or participate in this organization. 5. Propositions 98 & 99 -Larry Gilbert with Yesprop98.com addressed the council which prohibits A public agency from seizing private property for eminent domain for private use. Willmon stated that Prop 98 abolishes rent control in California. Willmon presented Proposition 99 which prohibits using eminent domain to take a home to transfer to another private party. Motions were made to continue Proposition 98 and 99 to the April meeting. The motions were seconded and carried by a unanimous vote. 6. Local, State and Federal Staff Updates Congresswoman Mary Bono-Mack -Karen Brown distributed two handouts from Congresswoman Bono's office. Brown stated that homeowners can call (888) 995-HOPE regarding foreclosure assistance. Assembly member Kevin Jeffries Office -Jeff Greene distributed Assemblymember Jeffries bill package. City of Lake Elsinore -Cousins reported the Executive Director of the Riverside County Transportation Committee will discuss the HOT lanes in ISS at the Luncheon Program on Thursday, March 20, 2008 at the Diamond Club. Murrieta Chamber of Commerce -Oliver announced that the Reverse Drawing is set for March 20, 2008 at Pechanga Resort & Casino. Rancho Ford Lincoln Mercury is the key sponsor of this event. Their Installation banquet is set for June 21, 2008 at South Coast Winery Resort & Spa. Temecula Valley Chamber of Commerce -Sullivan reported that State of the City is set for April 17 at Pechanga Resort & Casino. Employers are needed for the Youth Job and Career Fair, scheduled for Saturday, April 12, 2008. A blood drive will be held on March 19`" at Sizzler from 1:30 p.m.to 7:00 p.m. and is a replenishment drive for Will Sparkman. Meeting was adjourned at 1:20pm Next meeting will be Monday, April 21, 2008 at the Temecula Chamber of Commerce, 26790 Ynez Court, Temecula, CA The Southwest California Legislative council thanks our partners: Southwest Riverside Country Association of Realtors Rancho Ford Lincoln Mercury Metropolitan Water District Near-Cal Corporation Economic Development Corp. of Southwest California Elsinore Valley Municipal Water Dist. The Gas Company Abbott Vascular The Murrieta Temecula Group Temecula Valley Chamber of Commerce Arrowhead Credit Union Temecula Valley Bank Murrieta Chamber of Commerce Retail Development Advisors Corp. Lake Elsinore Valley Chamber of Commerce TEMECULA...-~' VALLEY ~~~~ E ,,~„~~ =°C)F COMMERCE "LEADING THE WAY" Temecula Valley Chamber of Commerce Special Events Committee Update March 2008 2008 State of the Citv Address The 2008 State of the City Address will be held on Thursday, April 17, 2008 at Pechanga Resort & Casino. The event "Winning Championships" will focus on championships the City has won. The Chamber welcomes several new and some past sponsors to this year's event, which are Title Sponsors: DCH Auto Group of Temecula and North Island Credit Union, Program Sponsor: Commerce Bank of Temecula Valley, Corporate Partner: Pechanga Resort & Casino, and Affiliate Sponsors: Abbott Vascular, Bank of America Mortgage, Community Little Book Kaiser Permanente, Rancho Ford Lincoln Mercury, San Diego County Credit Union, San Diego National Bank, Southern California Edison, Southern California Gas Company, Southwest Healthcare and The Law Offices of Rosenstein & Hitzeman, AAPLC. Currently over 350 attendees are registered to attend the event. 2008 Chamber Golf Classic Paradise Chevrolet Cadillac is presenting the 17Th Annual Chamber Golf Classic to be held on Friday, May 2, 2008 at Temecula Creek Inn. This is event is always asell-out with over 200 golfers participating. Currently Hole Participant sponsorships are available. 2008 Healthcare Svmoosium The Chamber is in the planning stages of coordinating a Health and Wellness Expo. The expo will include booths and lectures on "Ways of Managing Stress" and "Cooking Healthy". A date has yet to be set but projected to occur in August 2008. ~~~~~..~ v~z.~~x ~~r~Lv~ ~T j~~, $Elt}ING TH6 WAY' Membership Meeting Minutes Wednesday, March 12, 2008 - 8:OOa.m. - 9:OOa.m. Chamber Conference Room Sponsored by Community Little Book Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of the Temecula business community and simultaneous growth of the Chamber. Serve as goodwill representative and strive to enhance the value of membership encouraging ongoing dialogue between members. Committee Chair: Jackie Steed Board Liaisons: Tony Berardino Co-Chairs: David Paget Dan Brunel) Adam Ruiz Julie Ngo Committee Present: Cheryl Pollard, Michael Walker, Dan Brunel), Lainie Goldstein, Nathan Garn, Lee McCollum, Greg Di Cristina, Luanne Jobgen, David Paget, Adam Ruiz, Jackie Steed, Jami McNees and Michelle Deskin. Staff Present: Kimberly Freize-Uhler and Katie Edmonds. Minutes Committee Chair called the meeting to order at 8:O3a.m. Self-introductions of the committee followed. The minutes of the previous meeting were reviewed and motioned for approval by Lee McCollum and seconded by Jami McNees with amendment, board report given by Brunel) not Berardino, which carried. Miscellaneous Discussion of New York Life Insurance: Steed reported Chamber staff and Committee at this point have decided there will be no action taken. Staff is waiting for a summary from New York Life Insurance.. Upon review of the summary the decision will be made. If further action is needed an RFP will be sent out to the , entire membership. Open Discussion by Committee: The Young Professionals group was discussed. The group will be called VYP, Valley Young Professionals. The mixers will be called VYPER. The membership will be an individual membership and will be $50 if the company is a member of the Chamber and $100 if the company is not. The Mission of the group is: °With an approach that fosters collaboration and inspires Young Professionals to put ideas into action, VYP encourages advancement through professional, civic and social events." Steed announced the Chamber is offering a new opportunity for members to advertise on the website. Each member can place their logo and description of their business on the website directory. $100 for each or $150 for both. Member emails listed on the website were discussed. The Chamber has had complaints in the past of individuals soliciting their business via email from the Chambers Member Directory. The Committee discussed a way to have email accessible but hidden so it cannot be taken and used to solicit. Chamber staff will look into this option and report back to the committee. Chamber staff was approached by a gentleman that puts on Financial Crimes Seminars. Brunell reported this gentleman is a certified financial examiner and an expert in financial crimes. This seminar will be an added benefit for Chamber Members. It was recommended he do his presentation in 11/2 hours rather than the 2 hours proposed. Chamber staff will contact him. The Chamber is offering a FedEx Kinko's discount program for members. Any members who have joined before August 2005 will be able to take advantage of this discount. Within 4-6 months all other Chamber members will have access to this discount as well. FedEx Kinko's membership was discussed. The Committee discussed charging a small entrance fee at mixers to help cover cost for Chamber programs. Many members are dropping their membership due to the fact they cannot afford their annual membership and would not be able to attend events for an additional cost. Charging this fee at events may devalue their membership. Ideas for additional income: raising the mixer host fee to help cover extra Chamber costs, charge $5 at a mixer and in exchange each member receives one rafFle ticket, Non-Member entrance fee be raised to $25. This discussion will be presented before the board and staff will report back. Networking Breakfast, Networking Luncheon, Mixers and 5 Minute Networking: By Adam Ruiz: Ruiz reported there will be a few changes made at the Networking Breakfast. Ideas: Opening up the room by removing tables, moving the coffee and Danish closer to the bar area to make it easier on BJ's staff to refill coffee, water and cups. At the next breakfast Ambassadors will start self-introductions to set the example for all other attendees. We would like to implement these changes at the next breakfast on March 26th. The placement of flyers at the Breakfast was discussed. Members are allowed to place brochures and business cards on the hostess stand but not at the tables as it is reserved specifically for the sponsors. Possible charge to place flyers out was discussed. The committee would like to increase the Networking time by making these changes. Breakfast and Business Spotlight sponsors are needed. The cost to be a sponsor is $125. 5 Minute Networking will be held tomorrow, March 13t" at Wiens Family Cellars. Ruiz announced the Power Networking workshop has been very successful. Thank you to the panelists who participated at the last workshop! Sub-Committee Reports Ambassador Program: By David Paget: Paget announced the Ambassador contest will be ending in March and reminded Ambassadors to email their points to Kimberly at the end of each week. The prize for the Ambassador will be dinner for two at EI Torito Restaurant. Welcome & Retention: By Kimberly Freize-Uhler: Freize-Uhler reported the welcome committee is making their scheduled calls to the new members. Hospital Report: By Kimberly Freize-Uhler: Freize-Uhler announced the City has approved the hospital and is now in the final review process. City of Temecula Report: By Freize-Uhler: Plans are in the works to move city hall to Old Town Temecula. The City along with the Partners in Education committee is holding a Youth Employment Expo on April 12tH at the Community Recreation Center. Board Report: By Kimberly Freize-Uhler: No Report at this time. Open Discussion: All Members were mailed a Member Information Verification Form and asked to make changes and return back to the Chamber. The Chamber is updating all member information for the new 2008-2009 Business Directory. Other Business: The 42nd Annual Awards Gala was a fabulous event! Congratulations to the Ambassadors of the Year, Jackie Steed and David Paget. The State of the City Address will be held April 17tH at Pechanga Resort & Casino. The cost to attend will be $40 per person. The Chamber's annual Golf Classic will be May 4tH The first Chamber Coffee Connection will be April 4tH from 8:00-9:30am at the Chamber office. The next mixer will be March 19tH at Valley Events, Timmy d. Productions, Premier Marketing. Networking Breakfast will be held at BJ's Restaurant on March 26tH The topic of discussion at the next Business Success Forum will be Advertising and will be held April 4th at the Chamber. Meeting adjourned: 9:02am -Thank you for your attendance. The Temecu/a 1/a//ey Chamber ofCommerce is a business Organization of a/most 1,400 members representing over1s,000 emp/oyees. The Chamber works with city officio/s, /oca/businesses and the communityat /aige to promote the /oca/economy. TEhr~y~CULA~..---~ vn~~Y C~~~B E ~. -} -oaf: cc~t~tf~lrxe~ 1:FADING THE Will" Business Development Resource Committee MEETING MINUTES Wednesday, March 19, @ 8:OOam TVCC Conference Room Sponsored by Community Little Book Committee Chair: Ginny Mulhern (not present) Co-Chair: Barak Berlin (present) Board Liaison: Bill Seltzer (present) Jeff Kurtz, (not present), Nancy Austin (not present) Members Present: Chad Hensley, Michelle Deskin, Karen Pollock Staff Present: Emily Pulley Approval of Minutes February minutes approved Member Recognition Program for Aoril Spotlight Colette Boutique 41785 Nicole Lane A6 (951)699-7766 Volunteer -SW CLC Greg Morrison Elsinore Valley Municipal Water District Jeremy Harris ChamberAdvocacy Business Success Forum • March 11, How to Market Your Website • April 8, Advertising Mystery Temecula Ace Hardware 30733 Hwy 79s (951)538-6612 Partners in Learning Hensely reported on the April mixer, which will be held at the Temecula Library and highlight the Parners in Learning Program. Donations for the program will be taken that night. Everyone remember to park at Ronald Reagan Sport Park that night and take the shuttle to the library. CommitteeUodate A representative from the City will attend April meeting and give an update on what's going in the area. 55+ Networking -the first event had 10 attendees. They all enjoyed the event but wanted to meet to discuss the future direction of the group. Asub-committee meeting, Friday, March 28, Sam Sphere of Influence -With the topic of "Wedding" for the first Sphere event, the Chamber has gotten a large response so far the event. The CVB will participate in the first event because they want to get connected with wedding vendors. The next sub-committee meeting, Monday, Aprif 14, gam. Board Update 1. Tonight, Networking Mixer, Premier EventsNalley Events/Timmy d Productions 42075 Remington Ave, Ste 108/109, 5:30-7:30pm 2. Wed, March 26, Networking Breakfast, 7:30-gam, BJ's Restaurant 3. Tues, April 1, Power Networking Workshop, 12-1:30pm 4. Thurs, April 10, 5 Minute Networking at Ponte Winery 5. Saturday, April 12, Youth Expo & Job Fair, Employers with jobs for students ages 16-22 are still needed. See Alice for more information. 6. Thursday, April 17, State of the City Address, registedsponsorships see Jennifer at the chamber 7. Tuesday, April 22, Restaurant Committee Meeting. Owners & GM's invited. See Alice for more information. 8. Friday, May 2, 17`" Annual Chamber Golf Tournament Adjournment Thank you for attending! NEXT MEETING: Wednesday, April 19, at 8:OOam Location: TVCC Conference Room Sponsored by Community Little Book iy ~nnua~ ~eeting ~or the second year, the T V I~UB held its An- nual ~eetin~P for the membership and stake- holders of the Bureau. The event was held at the ~mbassy juites Hotel and was well at- tended by close to loo tourism indpustry repre- sentatives. f resentations were heard by Bob ,Johnson, Assistant City ~anaver for Te- mecula who spoke about the new Civic Center ]]e- velopment Pro~ect Planned for 20 l 0 completion in Qld Town Temecula. Tomi Arbogast, )=.xecu- tive ~irector of the Te- mecula ~/aljey Wine- grower's Association, fol- lowed with the or¢~aniza- tion's new 20/20 ProYram which focuses on a compre- hensive marketing Plan to Promote the Temecula /alley Wine Country as a "9uality° wine region. Thank you to all of our supporters and partners in continuing to promote Temecula Vaj- Iey as a premier, year round, top-tier tourism destination. Rod Run i°Reved-ZTp" in Old Town The Rod Run once again tion gave event infor- Center -also held a was a big success in mation and encour- special guessing con- Old Town during the aged extended stays test for visitors of the month of Mazch.. The by taking advantage of event to guess how TVCVB partnered in a great rates at our local many caz parts were mazketing effort to help TID hotels and lodging in a lazge container. promote the event by facilities.. Staff was pre- The response was sending over 2,200 invi- sent at the event, great and the lucky tations to guests who handing out visitor in- winner won a Hot Air had attended the event formation to those who Balloon ride for two in in the past. The invita- needed it. The Visitor the Temecula Valley. FAM Tour /Trade Show Marketing On March 15-17, 2008, JC Resorts hosted Advanced Reservation Systems, Inc. to a Fam Tour, featuring two of its properties, Rancho Bernazdo Inn and Te- mecula Creek Inn. The Fam began at Rancho Bemazdo Inn and then on the second day the group drove to the Temecula Creek Inn, where they were greeted by the Grapeline Wine Country Shuttle; and Carolyn Fittipaldi for an afternoon wine. munfry tour. The group visited Wilson Creek Winery, Leonesse Cellars and Keyways Vineyard and Winery. The evening was topped off with dinner at the Temet Grill where all enjoyed the fine dining service and excel- lent cuisine. The TVCVE hosted the in-room amenities which included a fravel mug, 2 for 1 wine tasting coupons and visitor guide. ARES is the booking en- gine the TVCVB. utilizes oh its website for hotel reserva- tions. C16se paxmerships and continuing education of its agents is key to our-successful month-to-month increase of online hotel bookings. On March 20, 2008, Leslie Mercado attended the Meeting Planners International (MPI) So. Cal. Trade Show in Los Angeles. 910 registered guests attended the show and eight (8) "hot" meeting planner contacts were established who re- quested follow-up information. These definitive sales leads are being qualified and will be distributed. Greg Roberts, Di- rector of Sales at Temecula Creek Inn, joined the CVB in our sales efforts. Hurry Up And Relax The pressures of contemporary life are palpable to most adults who are employed full time and, in particular, those in the workforce who happen to reside in a household in which both the husband and wife are employed full time (approximately 60% of all "spousal" households). The resulting sense of "time poverty" has precipitated a gradual de- cline in the length of vacations, and a corresponding surge in leisure trips taken over weekends. According to the results of our soon-to-be released 2008 National Travel Monitors', weekend trips remain the most popu- larfor Americans as reflected in their incidence versus that of both mid-week and extended (5+ night) trips. In fact, weekend leisure trips (4 nights or less including a Saturday) now represent a remarkable 53% of all vacations taken by Americans, up from 46% in 2000. The decline in the popularity of weekday trips appears to be directly related to the increasing difficulty people have in getting away from work during the week. The trend also reflects the growing appeal of short getaways to abandon the pressures of work in order to re-energize, if only for a few days at a time! No wonder Saturday is now the busiest night of the week in hotels and resorts all across America. But the aging of the U.S. population has also yielded another very interesting phenomenon: an increase in the incidence of extended trips (5+ nights). As one might expect, this phenomenon is evident primarily among older adults who are semi-retired or retired, individuals who have the luxury of planning longer trips without worrying about the demands of What awaits back at the office Or on the job. -Source: Yparnership/Yankelovich 200!3 National Travel Monitor. TxExnwext~ ~~ Walk Ins ............................... 1,450 Phone Calls ............................ ..538 Room Night Bookings ............. ...129 E-Mail Requests .......................109 Mail Orders .......................... 1, 295 Media Inquiries ..................... ....24 Events &Festivals .................. .....2 FAM Tours & Trade shows....... .....4 Mazketed Community Events... .255 March Activities • Mazch 5th, Public Relations effort to Palm Springs for grass- i'oots marketing to hotels and visitor centers. • Mazch 5th, Staff met with wedding show producer and pro- videdinformation for bridal show in wine country, utilizing local wedding industry businesses. • Mazch 6-8, Distributed event calendazs at Rod Run. '~~, • Mazch 10, TVCVB & TVWA Executive Boazd Members met to ' discuss further paztnerships and wine country promotions. • Mazch 11, Proactive Tactics Task Force met and developed discount pass to be offered at check-in at lodging facilities. • Mazch 12, Staff attended TV WA Mazketing Committee meet- ing to further facilitate destination mazketing: Mazch 13, Held 2nd Annual meeting at Embassy Suites Hotel with guest speakers Bob Johnson and Tomi Arbogast. • Mazch 13, Staff attended TVCC Sphere of Lifluence meet ing to help promote the weddings market. - • Mazch I6, Joined Temecula Creek Inn with ARES FAM Tour. • Mazch 20, Staff attended MP! Southern California Trade show in Los Angeles. • Mazch 24, Held meeting with Balloon & Wine Festival representatives to further mazketing promotions for the event, including invitations. • Mazch 27, Staff attended San Diego Concierge Associa- tion Event at Pechanga and met with 50 attendees and distributed information/giveaway packets. • Mazch 27, Staff attended City of Temecula Economic De- velopment Committee meeting for continued City Maz- keting Fanding, which was approved. iy.nar smr.r amore of wessaratrlp. t>arrerraeatrlp. wes~,~vtary. ++ O Q. d N d m ~ ~ N V O H N t V F- 0 0 r; n 0 O z 0 O N m N c c c N N N - ~ ~ ~ U U U d L 7 O Y c O_ a E- it ~ ~ Q U U U U~ ayi d v oln ou~oo ~ t(J C7 N 7 f0 N 6 Y t rn ~~(1 N 7 M M 7 0 O R n m c mF ~c ~ m ~ c o o '~ c ~~ ~ a~ Z I- N N !n m c rn m is a> W~ o o U U n U ~ O C ~ U 0 0 o m macb~o~ W ~ ~ ~ ~ M N 0 r N V 7 (O N N (7 N ~ N o°T ~<r 01 U g y N 'om c w ~, L ~ o ~ of :_ .c ~"a NY `U Q o o °' maL~~ °- - o o >, >. m Q~ m o 0 0 N ~,~ a m m o ~ ~ o.~ of 2 d o O L N t6 N J (n _CCUmOOZ m E 0 m U m m d ~ ~ " ~ ~ ~~ 0 ~ Q N D ~ N m ~ J ~ -- U c U .~ d .°o I~ ~ m L r j > 0 a o c c ~ m ~ ~£ - N E `o' ~ ~ ~ d U ~ y L ~ 3 ~ 3 m [6 ~ 01 ~ ~ c ~ a = c .c 2 U N y ~ N O d N N J O ~ d ~ ta`6 ~ c ~ N m fA O O C t6 N E B tp ~~ R N U LL J~ N d N t6 E t° pLC N C~-NDIU ON m E O a y C O r C (6 d U>W.~ ~ °F ~ ~.°cin~(~U~ .LO.. ~ m a Y m~~~ o o~ o 0 0 C O U~ L Q ~.- t6 ~ ~~ y N y (n U O O«~ Y N N ~ C~ N R a N C j~ O N>> J O m ~ a ~ ro ~~ o a~i 'a a~i a~i m N N c o N ~ ._ ~ _ `p ¢ N ~ ¢ ¢ ~>,Q~mc~Uc~-°odaaa ~m v ~Q-oY 3 ~C7~C5C'SU' ~i'-„ ~ N~~ F U m d~_~ W t6 L > > Q~ U~ 3 E~3 U~~~ ~ r ~ m~ t ~ ~ ~ rnli ~aa.d..oaaaaa ago a~do~d a a a E U c a a a~_ _ c~ ~ ~',.O' O~ ~ ~ O Eli li li 1L 11 G Q Q Q~ Q~ Q Q~ W i t E 7 E N O m E c ~ ~ E o. 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Wu t S ' ~ gg .EZ a ~ N '? d d 8'°0 @@@ x g a~~ > (] g G" ~ £~ ~~ %a ggE$ 33 €~ E3 ~O Tourism Activity Report March 2008 TVCVB Phone Calls Total Walk-Ins: 1,706 rs ialea Total Phone Calls: 571 TVCVB Website Activity October 2007 - March 2008 Website Visitors Per Month 25000 20000 15000 10000 5000 0 E E ~ ~ 0 ~ a ~ z° c`a ~' w" ~~., , 21,178 17,457 15,923 18,810 17,863 23,540 Hits Per Month 600000 500000 400000. 300000 200000 100000 0 TVCVB Walk-Ins sire T LT L `~ a s` ~ m 3 ~ v ~ 2 ~ '~ y C z ca w` TVCVB Online Booking Report-YTD May 2005 -March 2008 MarchRoon3sBooked=56 RoomNigbkBaokedperHolel Tuneeuk Cmlt Inn wws cn.n winery RWexxy R.wa.un Pewunga PwaMw Rww Pw. Cvaoo HdIdnYlm 6zprm Bnmp'e Rlnem Ca4w x.mpnmm~ sswm enemws~y~n~.ne. Pm6ury 5uYn rlmuymn Comrowrnn mnrrk„ CWkCmk Bep Weskm FwNmak Bot Wakm TemR.Wv 0 50 100 I50 Z00 250 300 ]W TVCVB Online Booking Revenue May 2005 -March 2008 Revenue By Year/Month: 178 ]21 162 122 2 8 7 4 51 305 239 47 4 126 -.2006 n ~'- ~ a £ ^ ~ E ~°, ~ E Total Booking Revenue ^2om m '' May 2005-Mazch 2008: $230,604 ^2oos March 2008 Monthly Activity Report for Temecula Valley Visitors Center Day Date Walk-ins Visitinq From Sat 3/1 48 Denver England Alaska Sun 3/2 68 Canada Reno Florida Total 116 Day Date Walk-ins Visitinq From Mon 3/3 30 Canada Sun City Maryland Tue 3/4 35 Pennsylvania Portland San Diego Wed 3/5 46 Napa Temecula Wisconsin Thu 3/6 44 Alberta Murrieta British Columbia Fri 3/7 37 Louisiana Arizona Florida Sat 3/8 93 Oregon Reno Massachusetts Sun 3/9 115 New Mexico Tennessee New York Total 400 Dav Date Walk-ins Visitinq From Mon 3/10 34 Idaho Iowa Utah Tue 3/11 21 Canada Netherlands Indio Wed 3/12 44 Massachusetts Indiana Brea Thu 3/13 48 Germany Colorado Maryland Fri 3/14 24 Minnesota Palm Springs Ventura Sat 3/15 72 Pennsylvania New York Milwaukee Sun 3/16 97 Illinois Chicago Claremont Total 340 Day Date Walk-ins Visitinq From Mon 3/17 43 Washington Canada San Diego Tue 3/18 53 N. Ireland Temecula Germany Wed 3/19 74 Illinois Michigan British Columbia Thu 3/20 43 Murrieta Sweden Arizona Fri 3/21 20 Montana Kansas Tennessee Sat 3/22 Closed Sun 3/23 Closed Total 233 Day Date Walk-ins Visitinq From Mon 3/24 40 Idaho Texas Chicago Tue 3/25 57 New York B.C Switzerland Wed 3/26 35 Washington New Jersey Minnesota Thu 3/27 51 Denver Reno Irvine Fri 3/28 58 Sonoma Maryland Mission Viejo Sat 3/29 65 Ireland Yucaipa Boston Sun 3/30 32 Upland Virginia Escondido Total 338 Day Date Walk-ins Visitinq From Mon 3/31 44 New York Temecula Florida Total 44 Grand Total 1471 U w O c a} ~ > w U~7 ~ > ~.7 ~- 4 `p F> C 0 Q O d U Q r C O O O N L (6 v w O N ~ n O ~ N N m N d' N N N N ~ O M N e t c 0 C Y m 0 H y M W cf M c0 r 1~ O N O N N r N ~ O) a0 f~ r 0 N N C - r Y RS i3 m O M r V d' d' 1~ N V M N r r 0 I~ to N O r ~ ~ O C r Y N O C O : N y O W m O O N O N CO O) O CO h N M M N M m O O M M N M N N V r N V N M N N N N N U m 0 H r O r r 0 N 0 0 0 0 O M r N r N r r 0 0 1~ r N t6 U m ~ N N N [O M m M M N M m N N N V r M ~ r N ~ N N M 'U ,~ N r O N f~ r N M 7 I~ m r W O r O O V ~ c0 N N ~ ~ r 'U O C O .N M N N M W M M CO OD OD OD N CO OD CO CO OD OD N a0 [O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 O O O O O 0 0 0 0 0 O O O O O O N N N N N N N N N N N N N N N N N N N N N ~ V LL 7 ~ ~ O r N M ~ I~ M m O V to (O 1~ M ~ M M \ M M M ~ ~ ~ ~ r ~ ~ ~ N N N N N N N (~ (p M M M M cD M M M M M P7 M M M M M ~ W R •+ Y c ~ v L ~ ~ -o Y ~ ~ a i ~ ~ -o L ~ ~ ~ ~ ~ ~ P ~ ~ ~ ~ ~ ~ I- I- IL G I- H LL ~ f- H LL ~ F- I"' LL ~ C7 TEMECULA V A L L E Y "~~^ Convention and Visitors Bureau Temecula Valley Visitor Industry General Facts Visitors to Temecula Vallev There were a total of 2.2 million visitors to Temecula Valley in 2006, of which 1,067,000 were overnight and 1,133,000 were day visitors (not including Pechanga Resort & Casino visitors). Visitor Spending Visitors to Temecula Valley spent approximately $538 billion at local businesses in 2006. Travel spending in Temecula represented 9.2% of all travel spending in River- side County and supports about one-half of all leisure and hospitality employment in Temecula. The Gross Regional Product (GRP) of Temecula Valley was estimated to be $160 mil- lion, with the visitor industry the third largest revenue generator in the Temecula Valley economy following local government and manufacturing. Temecula Vallev Hospitality Industry Employment According to Dean Runyan Associates, ih 2006 approximately 10,000 Temecula jobs were in the hospitality industry including lodging, food service, arts, entertainment and recreation. Hotel Occupancy In 2007, Temecula Valley's average hotel occupancy was 73.9%. The daily room rate averaged $1.08.40, according to figures compiled by Smith Travel Research. Hotel Rooms Temecula has 13 hotel and motel properties with over 1,121 rooms available to visi- tors. B&B's, Casinos and Health Spa Resorts add an additional 637 rooms for a total of 1,758). In 2007, an estimated 457,000 visitors stayed in Temecula hotels with an average of 38,000 visitors each month. Tax Revenue In Temecula, $2,284,168 was collected in Transient Occupancy Tax revenue in 2007. Population According to the City of Temecula, currently Temecula has a population of 97,935. The population of Southwest California is estimated to be 335,432 and should reach 420,124 in 2010. 2007-2008 Fiscal Year Budget 2% Media a% 2007-2008 Funding Source bs'te rtising l% ership Dues 1°.5 TID Funding Distribution Accountine Fee Trades 6', ls6 Media ai° Total Marketing= 79% Budget Actual Tourism Improvement District $ 532,000 $ 591,439* Private Contributions $ 300,000 $ 300,000 City of Temecula $ 120,000 $ 120,000 WebsiteAdvertising $ 15,600 $ 2U,728 Sales Publications $ 20,000 $ 13,000 Membership $ 12;000 $ 9,375 Merchandise Sales $ 12,000 $ 8,672 Investment Revenue $ 6.000 ~ 2.373 Total $1 ,017,600 $1,065,587 'January & February months include butlgetetl amounts 1°k Sa es i% Marketing Hiahliahts • Implemented a comprehensive Marketing and Advertising Media Buy plan with over $450,000 strategically xesourced is the followiag media outlets: Magazure-Coast Magazine ,Sunset, I.os Angeles Magazine, Inland Empire Magazine, Inland Empire Metro, Palm Springs Life, Budget Travel, CA Drives, CA Official Visitors Guide, Southwest Airlines Spirit, Sunset Wine Club, Westways, Anaheim/Orange County Visi- tors Guide, San Diego North Visitors Guide, Sports Travel, San Diego Home & Garden, Travel Host, Idyllwild Living, RV Journal Newspapers-Orange Country Register, LA Times Online-Southwest Airlines Featured Destination, Golfonline, USA Today Meetings Segment--Smart Meetings, Meetings West, Meeting News, Association News, HSMAI, San Diego North Meeting Planners Signature Local Event.Marketing-Spring & Fall Rod Runs, Int'1 Pow Wow, Balloon &Wme Festival, Int'I Jazz Festiva], Int'1 Film & Music Festival Trade Show Marketing-Leisure, Meetings/Corporate, Food & Wme, Media, Association, Incentive OuWoor~Fashion Valley Mall Banners, Highway Billboard on I- 10/I-215 Freeways Sales Hiahliphts • Processed 95 Sales and Catering Leads for a total of 13,805 possible room night oppor- tunities. • Created Sales Task Force and met monthly to proac- tively facilitate strategies and needs of TID Hotel Partners. • Through sales efforts, 2007 average occu- pancy in- creased to 73.9o/a, a 1.9% increase over 2006, and 6.6% higher than the California State average of 69.3%. Attended 15 mar- ket-diverse Trade Shows offering out- standing opportu- nities to promote and market the Te- mecula Valley to tens of thousands of meeting plan- ners, leisure travel- ers, travel profes- sionals, media .and journalists. 2007-2008 Fiscal Year Trade Show Activity Mar '07 CaITIA Conference on Tourism, Sacramento, CA Corporate Mar `07 MPI So. Cal. Chapter Trade Show, Century City, CA Corporate Mar'07 Bay Area Travel Show, San Francisco, CA Leisure Apr `07 California Marketplace, San Diego, CA Co orate Apr`07 International Pow Wow, Anaheim, CA Corporate/Inf1 Jun `07, Affordable Meetings West, San Jose, CA Corporate Sep `07 ITME The Motivation Show, Chicago, IL Incentive Sep `07 ' Nafl Fed. of Republican Women, Palm Springs, CA Coporate/Assn Sep 07 NBC San Diego Travel Expo, San Diego, CA Leisure Oct `07 LA Media Reception, Beverly Hills, CA Media Nov'07 San Diego Bay Wine & Food, San Diego, CA Leisure Nov'07 Travel Media Showcase, Oabazon, CA Media Dec '07 CaISAE Seasonal Spectacular, Sacramento, CA Association Jan `08 Bay Area Travel Show, Santa Clara, CA Leisure Feb '08 LA Times 8 Travel Show, Long Beach, CA Leisure • Geaemted 13 tourism- • Produced the `07-'08 related Press Releases Temecula Valley to stimulate interest and Visitor Guide. 60,000 visitation to the Temec- guides were distdb- ula Valley. uted to visitor inquir- • Attracted over 232, 700 ies, meeting planners unique users to the , media, local hotels, Bureau's website, - a motels and coaunu- 102% increase over ~t1' businesses. 2006. • Initiated Brand De- • Generated more than velopment Campaign 80,000 total visitor in- fox regional brand quiries through phone- positioning. in, walk-in, email and • Generated more than website sources, a 38% $120,000 in accom- increase over 2006. modation revenue • Along with the City of and attraction tickets Temecula, completed through our online the first Tourism Im- booking engine, an pact Study fox the Te- 89p inaease over mecvla Valley legion. 2006. • Created strategic • Partnered with sales and market- TID Hotels and ing campaign to Pechanga Re- over 1000 meeting sort & Casino planners in Califor- by making key nia promoting the presentations Temecula Valley as to Advanced a unique meeting Reservation and event destina- Systems Inc., tion. Email blasts, (hotel website postcard mailers, booking en- meeting planner gine) and edu- guide kits and Te- caring them on mecula Valley, cal- = the Temecula endars were used Valley and lodg- as promotions. ing offerings. SOUTH T r ~: ~~r~ : ~~~~~~r~~~ t ~' ..: Lake Elemore .Murrieta -: ~urz~,' 'Ifinecula ~~:-• ~Couut9 of River~de TO: Sarah Mundy Deputy Director Riverside County EDA Rick Dudley City Manager City of Murrieta FROM: Stevie Field Executive Director DATE: March 15, 2008 Aaron Adams Assistant City Manager City of Temecula Cathy Barrozo GIS Analyst City of Lake Elsinore SUBJECT: SOUTHWEST CALIFORNIA MONTHLY MARKETING UPDATE Dear Partners: Please consider this an update on the marketing activities for the Alliance as required in the Southwest California Marketing for Business Attraction Agreement. Leads During February we had five quality leads. April of these leads. We also continue to contact all marketing activities over the past 16 months to expanding/relocating. and I are conducting property searches for three of the interested leads generated from various see if theses companies are still thinking about Web-site/GIS In February we had 5,971 visitors to our web-site. The new demographic data is now on the web- site. We are redesigning the entire home page and so I will keep you posted on the progress. Please feel free to provide me with any recommended additions and/or deletions. I am also requested pictures and articles or story ideas about your respective city to be included on the new site. Broker Luncheon I am pleased to report that our Regional Broker Luncheon and Alliance Private Reception with Bob Ady, of Ady International was a great success! The private reception was help at Gourmet Italia in Murrieta on Wednesday, February 27"' at 5:30 p.m. This reception provided an opportunity for the Alliance partners to talk with Bob and ask him questions about our region and each respective city. The conversation was engaging and I am pleased that representatives from Lake Elsinore, Murrieta and Temecula all took advantage of this opportunity. Our luncheon was held on Thursday, February 28th at the Falkner Winery -Pinnacle Restaurant. Bob was a wealth of information and covered many topics such as the site selection process and what is happening on a national level in regards to economic development. Bob touched on the importance of web-sites and what site selectors are looking for on-line. One thing Bob reiterated a few times was that site selectors and business decision makers not only look on-line to qualify a region, but to disqualify one, and 99% of the time, we never knew our region was being considered. I also had the pleasure of taking Bob on a comprehensive tour of our region. He enjoyed the tour and was amazed at all our region had to offer. In his words "we are now on his radar". We had a total of 55 attendees at our luncheon and our sponsors included Mammoth Equities and French Valley Corporate Park. Newsletters The newsletters are progressing nicely. Several interviews such as BayBio, BioCom, FFF Enterprises and others have been completed as has other industry research. As soon as the draft becomes available, I will provide a copy for your review. We are also working on the general newsletter which will not be industry specific but provide general demographic and regional information. It will include interviews with area brokers/developers; highlight large projects and other exciting things going on in our region. If you have anything you would like to submit for the newsletter (i.e., pictures or project information), please send to it me at your earliest opportunity. Ad Campaign The new Alliance "Work in Your Playground" ad is complete. This is the first in the three-ad series and it covers the biotech industry. The second ad will be manufacturing and we are working on ideas for the third. Virtual Job Fair/Job Database I am pleased to report that the Virtual Job Fair at www.stooyourcommuntinc.com will be held the entire month of April 2008. We have lowered our booth prices considerably as we understand these are challenging ewnomic times for employers. The Elite Booth is $100 (verses $5,000 in 2007); the Premier Booth is $50 (versus $1,500 in 2007), and the Standard. Booth FREE (versus $500 in 2007). Please help promote this job fair to employers and job seekers by placing a link on your website and including the information on outgoing newsletters and flyers. If you need any additional information or have any questions, please contact me at 952.696.1578. Sincerely, Stevie Field Executive Director Copy: Gloria Wolnick Verne Lauritzen ITEM N~}. 27 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: April 22, 2008 SUBJECT: City Council Travel/Conference Report -March 2008 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On March 5, 2008 Council Member Ron Roberts traveled to Los Angeles to attend the Southern California Association of Governments Administration, Transportation & Communications Committee, and Regional Council Meetings. On March 8, 2008 Mayor Pro Tem Maryann Edwards, Council Member Jeff Comerchero, and Council Member Ron Roberts traveled to Washington DC to attend the National League of Cities Congressional City Conference, Policy Committee Meetings, and meetings with legislators. On March 19, 2008 Council Member Ron Roberts traveled to Los Angeles to attend the 2008 Regional Transit Summit. Attachments: Meeting Agendas SOUTHERN CALIFORNIA ~~ ASSOCIATION of GOVERNMENTS Main Office PLEASE NOTE CHANGE IN TIME 818 West Seventh Street 12th Floor Thursday, March 6, 2008 Los Angeles, California 10:00 a.m. -10:30 a.m. 90077-3435 t (213)236-1800 f (213)236-7825 SCAG Offices www.scag.<a.gov 818 West 7t" Street, 12t" Floor Conference Room San Bernardino Officers Los Angeles, CA 90017 President 213.236.1800 Gary Ovi[t, San Bernardino County ~~ First Vlce President Richard Dixon, Lake Forest Second Vi<e President Harry Baldwin, San Gabriel If members of the ublic wish to review the p attachments or have any questions on any of the Immediate Past President Yvonne B. Burke, Los Angeles a enda items, lease contact Carmen Summers at g p • 213.236.1984 or summers@scaq.ca.gov Policy Committee Chairs Administration Ronald O. Loveridge, Riverside Agendas and Minutes for the Administration Committee Community, Economic and are also available at: Human Development Jon Edney, EI Centro www.scag.ca.gov/committees/ac.htm Energy and Environment Debbie Gook, Huntington Beach Transportation and Communications Alan D. Wapner, On[ario SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The Regional Cowuil is comprised of ]5 elected o(fcials representing 181 cities, slxmunties, four<ounryTransponationCommissions, ands IIibal Government representalivewithin Southern Ca6tornia. em, n: u a MEETING OF THE ADMINISTRATION COMMITTEE AGENDA Y } MARCH 6, 2008 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Rou Loveridge, Clrair) T/ME PG# 2.0 PUBLIC COMMENT PERIOD -Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the pmtiiew of the Council, must fill out and present a speaker's card to the Assistant prior to speaking. A speaker's card must he turned in before the meeting is called to order. The Administratimt Committee may consider and act upon any of the items listed on the agenda. Comments will be limited to three minutes. The chair may limit the total time for all comments to twenty minutes. 3.0 REVIEW and PRIORITIZE AGENDA ITF,MS 4.0 CONSENT CALENDAR 4.1 Aaarovalltems 4.1.1 Minutes of February 7.2008 Meeting Attachment Ol 4.1.2 Charter of the Contracts Attachment 09 _~ Subcommittee 4.2 Receive & File 4.2.1 Contracts/Purchase Orders and Attachment 11 MOUs between $5.000 - $250.000 S.0 ACTION ITEMS S.l Increase the Informal Contract Attachment 5 min 20 Threshold from $25.000 to $50,000 (Hou. Paula Lantz, Chair, Coz:tracts Subcommittee) Recommended Action: Approve Informal Contract threshold from $25,000 to $50,000. ~? T'he Fiscal Year 2008-2009 Attachment 15 min 22 Comprehensive Bud~~et (Wayne Moore, CFD) Recommended Action: Approve and release the FYOR-09 Comprehensive Budget. #143694v1 ADMIN AGENDA MARCH 2008 11:34:10 AM 2/26/2008 C.SUMMERS SOUTHERN fAIIFORNIA ASSOCIATION ofGOVERNMENTS ADMINISTRATION COMMITTEE AGENDA MARCH 6, 2008 5.0 ACTION ITEMS-Continued 5.3 Depositaries and Investments (Wayne Moore. CFO) Recommended Action: Approve and forward Amendment to the By-Laws for consideration. 6.0 7.0 8.0 9.0 AUDIT SUBCOMMITTEE, REPORT (Hon. Paul Nowatkn, Chair) PERSONNEL SUBCOMMITTEE REPORT (Hon. Richard Dixon, Chair) Attachment DISTRICT EVALUATIONS SUBCOMMITTEE REPORT (Hon. Larry McCallon, Chair) INVESTMENT SUBCOMMITTEE REPORT (Hon. Ronald Loveridge, Grair) 10.0 CONTRACTS SUBCOMMITTEE REPORT (Hon. Paula Lantz, Chair) 11.0 INFORMATION ITEMS Tlare P~# ~ min 2G l 1.l CFO Monthly Financial Report Attachment 5 min 33 (Wayne Moore, CFO) 1.2.0 STAFF REPORT (Wiry~ne Moore, CFO) 13.0 FUTURE AC:F,NDA ITEMS An}~ Committee member or staff desiring to place items on a future agenda may make such request. 14.0 ANNOUNCEMENTS #143694v1 ADMIN AGENDA MARCH 2008 11:34:10 AM 2/28/2008 C.SUMMERS SOUTHERN CALIFORNIA ASSOCIATION oPGOVERNMENTS ii ADMINISTRATION COMMITTEE AGENDA Y, MARCH 6, 2008 TIME PG# 15.0 ADJOURNMENT The nest meeting of the Administration Committee will be held on "hhursday, April 3, 200$ at the SLAG offic~;s in downtown l,os Angeles. ~~ SOUTHERN CALIFORNIA ASSOCIATION OfGOVERNMENTS iii #i43694v1 ADMIN AGENDA MARCH 2008 11:34:10 AM 2 /2 812 0 0 8 C.SUMMERS SOUTHERN GALIfORN1A l~ REGIONAL COUNCIL AGENDA MAR 0 4 2008 "~ ~f~N,AGER'S OFFICE ADDENDUM ASSOCIATION of GOVERNMENTS Main Offiw 818 West Seventh Street 12th F{oor Los Angeles, California 90017.3435 t (273) 2361800 ((213)2361825 wwwscaq.ca.gov Officers President Gary Dvitt San 8emardirro County FmtYKe President Rkhard Dimon, Lake form SecondYKe President Harry Baldvrin, San Gabriel and ADMINISTRATION COMMITTEE AGENDA Thursday, March 6, 2008 ~4ECEBVED Immediate Past Prejident Approval Items Yvonne B. Burke, tos Angeles County PoRq CommHtee Chairc Administration 5.2.4 Funding for the Citv Profile Renorts in the Inland Ronaw o• Loveridge, Rivenlde Em ire Community, Ewrwmic and Human Oevelopmen[ Ion Edney, EI Centro Recommended Action: Authorize and approve E d E the use of $125,000 from TDA funds to acquire nergy an rrvironment Debbie COOk Huntington Beach professional services from Dr. John Husing. Authorize Tramportatbn and Cammuniratiom an additional $25,000 from TDA for data purchase by Alan D.wapner, onwdo Staff for this project if needed. Attachment This item will be listed as item 5.4 on the Administration Committee Agenda. The Regional Council is comprised of 75 elected officials representing L 87 cities, s& counYtes, four County Transportation Commissions, and a Tribal Government representative wRhin Southern California. JOCI Oi i~ 03 SOUTHERN CALIFORNIA ~_~ ASSOCIATION of GOVERNMENTS Main Office 818 West Seventh Street 12th Floor Los Anqeles, California 90017-3435 t(213)236-1800 f (213) 236-1825 wwws<ag.<a.gov Officers President Gary Ovitt, San Bernardino County First Vice President Richard Dizon, Lake Forest Second Vice President Harry Baldwin, San Gabriel Immediate Past President Yvonne B. Burke, Los Angeles Policy Committee Chairs Administration Ronald O. Loveridge, Riverside Community, Economic and Human Development Jon Edney, EI Centro Energy and Environment Debbie Cook, Huntington Beach Transportation and Communications Alan D. Wapner, Ontario PLEASE NOTE CHANGE IN TIME Thursday, March 6, 2008 i 1:00 a.m, - i 1:45 a.m. SCAG Offices 818 West 7t" Street, 12t" Floor Conference Room San Bernardino Los Angeles, CA 90017 213.236.1800 If members of the public wish to review the attachments or have any questions on any of the agenda items, please contact Cathy Alvarado at 213.236.1896 or alvarado @ scag.ca.gov Agendas and Minutes for the Transportation and Communications Committee are also available at: www.scag.ca.gov/corn mittees/tcc. htm SCAG, in accordance with the Americans with Disabilities Act (ADA), will accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The kegional Council is comprised o(]5 electedoffzials representing 18] cities, six counties, tour CountyTransportation Commissions, anda Tribal Wvernment representative within Southern California. MEETING OF THE TRANSPORTATION & COMMUNICATIONS COMMITTEE AGENDA ~ MARCH 6, 2008 TIME PG# 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Alan Wapner, Chair ) 2.0 PUBLIC COMMENT PERIOD -Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Transportation and Communications Committee, must fill out and present a speaker's card to the Sr. Administrative Assistant prior to speaking. A speaker's card must be turned in before the meeting is called to order. The Transportation and Communications Committee may consider and act upon any of the items listed on the agenda. Comments will be limited to three minutes. The Chairman may limit the total time for all comments to twenty minutes. 3.0 ~~ 4.0 REVIEW and PRIORITIZE AGENDA ITEMS CONSENT CALENDAR 4.1 AaarovalItems 4.1.1 Minutes of February 7.2008 Meeting 4.2 Receive and File Attachment 4.2.1 SR-241 Supaort Request to California Attachment Coastal Commission from L8QUna Woods Doc.t43789/fCC C. Alvarado 11 SOUTHERN CALIFORNIA ASSOCIATION of GOVE RN M E NTS TRANSPORTATION & COMMUNICATIONS COMMITTEE AGENDA MARCH 6, 2008 TIME PG# 5.0 ACTION ITEMS 5.1 TCC Task Force and Sub-Committee Attachment 20 min. 14 (Sub-Committee on TCC Task Forces/ Sub-Committees) TCC Sub-Committee, appointed to develop recommendations on the future of TCC Task Forces and Sub-Committees, will present its recommendations to the TCC. Recommended Action: Approve the Sub- committee recommendations on each of the TCC Task Forces/Sub-Committees. 5.2 Inclusion of Brawlev Bypass in TCIF Attachment 5 min. 16 (Jeff Dunn, SCAG) `~ Recommended Action: Approve the submission of a support letter to the California Transportation Commission (CTC) to include the Brawley Bypass in the TCIF. 5.3 Regional Champion Award Attachment 10 min. 19 (Nomination Committee on Regional Championship Award) Nomination Committee on Regional Championship Award will make a recommendation on the nominees for the Regional Championship Award. Recommended Action: Approve Nomination Committee's recommendation. 6.0 AVIATION TASK FORCE REPORT (Hon. Alan Wapner, Chair) ii SOUTHERN CALIFORNIA A550CIATION of GOVERNMENTS TRANSPORTATION & COMMUNICATIONS COMMITTEE AGENDA MARCH 6, 2008 7.0 MAGLEV TASK FORCE REPORT (Hon. Lou Bone, Chair) S.0 INFORMATION ITEMS 8.1 Update on the 2008 Draft RTP (Naresh Amarya, SCAG) Attachment TIME PG# 10 min. 20 Staff will provide a status update on the 2008 RTP, including a summary of comments received through the public comment process. 9.0 CHAIR'S REPORT (Hon. Alan Wapner) r- 10.0 STAFF REPORT (Naresh Amarya, SCAG) 11.0 FUTURE AGENDA ITEMS Any Committee member or staff desiring to place items on a future agenda may make such request. 12.0 13.0 ADJOURNMENT 5 min. The next meeting of the Transportation & Communications Committee is scheduled for Thursday, April 3, 2008, at the SCAG Office, downtown Los Angeles. I71 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS SOUTHERN CALIFORNIA <; a ~7 ASSOCIATION of GOVERNMENTS N0.495 MEETING OF THE Main Office 818 West Seventh Street ,ztl,rl°or Thursday, March 6, 2008 Los Angeles, California 90017-3435 11:45 a.m. -1:15 p.m. t(213)236.1800 f SCAG Offices (213)236-1825 818 West 7t" Street, 121h Floor wwwscag.ca.gov San Bernardino Conference Room A & B Los Angeles, CA 90017 Officers 213.236.1800 President Gary Ovitt, San Bernardino County ~ First Vice President Richard Dlxon, lake Forest Second Vice President If members of the public wish to review the attachments Harry Baldwin, San Gabriel or have any questions on any of the agenda items, Immediate Past President Yvonne 6. Burke, Los Angeles please contact Shelia Stewart at 213.236.1868 or stewart @ scaq.ca.gov Policy Committee Chairs Administration Agendas and Minutes for the Regional Council are also Ronald O. Loveridge, Riverside available at: Community, Economic and Human Development www.scag.ca.gov/committees/rc.htm ton Edney, EI Centro Energy and Environment Debbie Cook, Huntington Beach Transportation and communications SCAG, in accordance with the Americans with Disabilities Act (ADA), will Alan D. Wapner, Ontario accommodate persons who require a modification of accommodation in order to participate in this meeting. If you require such assistance, please contact SCAG at (213) 236-1868 at least 72 hours in advance of the meeting to enable SCAG to make reasonable arrangements. To request documents related to this document in an alternative format, please contact (213) 236-1868. The Regional Council is comprised of 75 efeded officials representing 187cities, sixcounties, four COUnryTransportation Commissions,antl aTribalGovernment representatNewithin Southern California. REGIONAL COUNCIL AGENDA MARCH s, 2U~8 PG# 1.0 CALL TO ORDER & PLEDGE OF ALLEGIANCE (Hon. Gary Ovitt, President) 2.0 PUBLIC COMMENT PERIOD -Members of the public desiring to speak on items on the agenda, or items not on the agenda, but within the purview of the Council, must fill out and present a speaker's card to the Executive Assistant prior to speaking. A speaker's card must be turned in before the meeting is called to order. The Regional Council may consider and act upon any of the items listed on the agenda. Comments will be limited to three minutes. The President may limit the total time for all comments to twenty minutes. 3.0 CONSENT CALENDAR 3.1 AaarovalItems 3.1.1 Minutes of February 7.2008 Meeting Attachment Ol 3.1.2 Charter of the Contracts Subcommittee Attachment 11 t 3.2 Receive & File Items 3.2.1 Amendment Contracts/Purchase Orders between Attachment 13 $5.000- $250.000 3.2.2 CFO Monthly Report Attachment 22 4.0 PRESIDENT'S REPORT 4.1 Committee Appointments 5.0 COMMITTEE REPORTS/ACTION ITEMS 5.1 Force for Change Committee/Bylaws and Resolution Subcommittee Report (President Gary Ovitt) Attachment 24 Supplemental Attachment will also be mailed separately SOUTHERN CALIFORNIA A$$OCIATIbN OfGOVERNMENTS REGIONAL COUNCIL AGENDA 5 MARCH 6, 2008 i Pc# 5.2 Administration Committee Report (Hon. Ron Loveridge, Chair) 5.2.1 Fiscal Year 2008-2009 Comprehensive Budeet Attachment 26 Recommended Action: Approve and release. 5.2.2 Increase the Informal Contract Threshold from Attachment 28 $25,000 to $50,000 Recommended Action: Approve 5.2.3 Depositaries and Investments Attachment 30 Recommended Action: Approve and forwazd to the Bylaws Committee for consideration. 5.3 Community, Economic & Human Development Committee (CEHDI Report (Hon. Jon Edney, Chair) 5.3.1 Growth Forecast Alternatives for the 2008 RTP Attachment 37 Recommended Action: Approve one of the Options for the 2008 RTP. 5.3.2 Compass Blueprint Demonstration Project Selection Attachment 54 Recommended Action: Approve CEHD's recommendation for funding project applications scoring 85 points and higher using the revised evaluation criteria for the for the FY 07-08 Demonstration Project Program. 5.4 Energy & Environment Committee Report (EECI (Hon. Debbie Cook, Chair) SOUTHERN CALIFORNIA ASSOCIATION OfGOVERNMENTS it REGIONAL COUNCIL --~ AGENDA ~ ~` MARCH 6, 2008 P~# 5.5 Transportation & Communications Committe~TCC) (Hon. Alan Wapner, Chair) 5.5.1 Inclusion of Brawle,~Bypass in TCIF Attachment 58 Recommended Action: Approve submission of support letter. 5.6 Membership & Communications Subcommittee (Hon. Glen Becerra, Chair) 6.0 (Hasan Ikhrata) 7.0 LEGISLATIVE REPORT 7.1 Presentation from Senator (Steinberg) on SB 375 .~ _. 7.2 ON TIME Act (HR 5102)_bv Rep. Ken Calvert Attachment 61 (Mannik Sakaya, Leg Affairs) HR 5102 would levy fees on containerized imports & exports entering/leaving US ports to fund transportation projects in communities most affected by the movement of goods Recommended Action: Continue to work with author. 8.0 INFORMATION ITEMS 9.0 10.0 FUTURE AGENDA ITEMS Any committee member desiring to place item on a fixture agenda may make such a request. 11.0 ADJOURNMENT The next meeting of the Regional Council will be held on Apri13, 2008 in downtown Los Angeles. SOUTHERN CALIFORNIA AS50CIATION ofGOVERNMENTS iii An Opportunity You Will Not Want To Miss Preliminary Schedule arch 2008 marks the true beginning of the campaign for national offices-a campaign that Mh f ' The Conference will provide a rouge of os signi icant implications for America s cities and towns. With most of the major education, networking and strategy sessions primaries over, both the Democratic and Republican front runners for President will emerge and h f H d S , to maxtmtze the value of this event for city t e races or ouse an enate seats will begin to heat up. officials. This preliminary schedule provides an The National League of Cities 2008 Congressional City Conference provides local elected outline of major events during the conference to officials and city staff an opportunity they will not want to miss. The opportunity to learn about f d ' help delegates make travel plans e eral issues that are important to America s cities and towns, to lobby Congress on short-teen . issues that will be on the Congressionai agenda in 2008, and to make suit cities and towns have a SatUYClay March g clear, unified voice in the national campaign , 9:00 am. - 5:00 p.in. Leadership Training Seminars Come to Wasbingtoq D.C., March 8-12, tojoin the voice of America's cities in launching 1:30 p.m. - 5:00 p.m. City Futures Panel Meetings our national campaign on behalf of the 225 million people we collectively represent. 5:30 p.m. - 6:45 p.ns. Orientation to the Conference The program will include general sessions featuring national leaders, workshops to learn for First Time Attendees more about the issues and NLC's positions, and a chance to go to Capitol Hill to visit with your 5:30 p.m. - 7:00 p.m. Constituency and Special Group \4eetings representatives on Wednesday, Mazch 12. The National League of Cities provides the resources, the connections, and the collective SUriClay, March 9 power to help city leaders have an impact on Capitol Hill. 9:00 a.m. - 5:00 p.m. NLC Board of Directors Meeting A Schedule to Maximize Connections NLC Advisory Council Meeting Leadership meetings, policy discussions, and legislative briefings will begin on Sunday, Leadership Training Seminars Policy and Advocacy March 9, with genera( sessions and workshops scheduled on Monday, March 10, and Committee Meetings Tuesday, March 11. City officials will have an opportunity to connect with members of 5:1 s p.m. - i:00 p.m. Constituency and Special Congress on Wednesday, March 12. Group Meetings Leadership Training Institute Seminars MOriday, March 1~ These seminars -which provide value added skill development opportunities when you come i:30 a.m. - 9:00 a.m. Celebrate Diversity Breakfast to Washington to work on federal'advocacy issues - will be offered on Saturday, March 8, 9:00 a.m. -10:30 a.m. Opening General Session and Sunday, March 9. 10:45 a.m. -12:15 p.m. Workshop Sessions The strength of the National League of Cities, as the voice in Congress for cities, villages, 12:1 Sp.m. -1:30 p.m. Roundtable Networking Lunch and towns tbroughout this country, depends on thousands of local officials -including each 1:45 p.m. - 3:15 p.m. Workshop Sessions of you -coming together to speak with a loud, cleaz, and unified voice on a shared set of 3:30 p.m. - 4:30 p.m. General Session priorities. There is a lot at stake for cities and towns in the 2008 Congress, as well as the 5:00 p.m. - 6:30 p.m. State League Caucuses and national campaigns. Join with your colleagues to demand a renewed federal commitment to Receptions domestic priorities and the issues critical to cities and towns across America. Constituency and Special Group Meetings/Events Information pertaining to ~ I III TUeSCIay, Mareh t1 i ~ ~ ' ~ the pre-conference 7:00 a.m. - 8:30 a.m. Steering Committee Work Leadership Training Sessions 8:45 a.m. -10:15 a.m. General Session Institute Seminazs being held Saturday March 8 10:30 a.m. -11:45 p.m. Workshop Sessions , . and Sunday March 9 Noon --1:30 p.m. Roundtable Networking Lunch , , will be available on the NLC website at wwwnlc.org in ]ate December 2007 or early Januazy 2008. 1:45 p.m. - 3:00 p.m. Workshop Sessions 3:15 p.m. - 4:30 p.m. Closing General Session Registered delegates will be notified by e-mail when regishation for these seminars is available. 5:15 p.m. - 6:30 p.m. State Ixague Caucuses and Receptions Special Events 6:30 p.m. - 8:00 p.m. Reception and The Capitol Steps Celebrate Diversity Breakfast Reception and The Capitol Steps Monday, March 10; 7:30 a.m. - 9:00 a.tn.; Fee: $35 Tuesday, March 11; 6:30 p.m. - 8:00 p.m. Wednesda ,March 12 - Lobb Da }r ~ Y y The 22nd annual Celebrate Diversity Breakfast The Capitol Steps wi(I perform on Tuesday as 7:00 a.m. -11:00 a.m. Shuttle Service to Capitol Hill will feature a keynote speaker who will provide part of a conference wrap up to energize the for Lobbying a perspective on "diversity" issues facing delegates for City Lobby Day on Wednesday A i ' Be art of the national voice of p mer ca s cities and towns. The breakfast is morning. This troupe of former Congressional sponsored by five NLC constituency groups. employees provides bi-partisan fun for everyone. AmeriCa'S C1t1eS and tOWtIS Iri 2OOg. NATIONAL LEAGUE OF CITIES CONGRESSIONAL CITY CONFERENCE WASHINGTON,D.C. MARCH 8-12, 2008 MARYANN EDWARDS SATURDAY. MARCH 8. 2008 8:30 am Depart Ontario Airport on American Flt. #1292, arrive Dallas Ft. Worth at 1:20 pm, Seat 16B 2:20 pm Depart Dallas Ft. Worth Airport on American Flt. #1102, arrive Washington Reagan at 5:59 pm, Seat 20D. Airport pickup to be arranged by David Turch's office. Jurys Washington, 1500 New Hampshire Avenue. Phone: 202-483-6000, Fax: 202-328-3265. Nonsmoking Double Room King at $191 per night. Guaranteed. Confirmation # 801304. SUNDAY. MARCH 9. 2008 9:00 am - 5:00 pm Policy & Advocacy Committee MONDAY. MARCH 10. 2008 9:00 am - 10:30 am Opening General Session 10:45 am - 12:15 pm Workshop Sessions 12:15 pm - 1:30 pm Roundtable Networking Lunch 1:45 pm - 3:15 pm Workshop Sessions 3:30 pm - 4:30 pm General Session 5:00 pm - 6:30 pm State League Caucuses & Receptions 6:00 pm - 7:30 pm League of CA Cities Recep., Lincoln E., Hilton Washington & Towers TUESDAY. MARCH 11.2008 7:00 am - 8:30 am Steering Committee Work Sessions 9:00 am Army Corps of Engineers, Ada Benavides 8:45 am - 10:15 am General Session 10:30 am - 11:45 am Workshop Sessions Noon - 1:30 pm Roundtable Networking Lunch 1:45 pm - 3:00 pm Workshop Sessions 3:15 pm - 4:30 pm Closing General Session 5:15 pm - 6:30 pm State League Caucuses & Reception 6:30 pm - 8:00 pm Reception & The Capitol Steps TBD League Meeting with Senator Boxer 6:00 pm - 8:00 pm Capitol Hill Recep. for Calif. City Officials in Hart Senate Ofc Bldg, Rm. 902 6:30 pm Turch Dinner at the Monocle on Capitol Hill (RSVP'd for you) 7:00 pm - 10:00 Cerrell Assoc. Reception, The Society of Cincinnati's Anderson House, 2118 Massachusetts Avenue, NW WEDNESDAY. MARCH 12. 2008 7:00 am - 11:00 am City Lobby Day 11:00 am - 12 noon Roundtable Discussion on Energy w/CA Congressional Delegation, HC-5, U.S. Capitol Building 12:00 pm Will Dyer -Office of Senator Feinstein 1:45 pm Laurent Crenshaw -Office of Congressman Issa 2:30 pm Congresswoman Mary Bono Mack 3:15 pm Congressman Calvert 5:56 pm Depart Baltimore on United Airlines, arrive Denver at 7:57 pm 9:00 pm Depart Denver on TED, arrive Ontario at 10:12 pm HD POLICY AND ADVOCACY COMMITTEE MEETING Hilton Washington Hotel and Towers Sunday, March 9, 2008 9:00 a.m. -12:00 p.m. AGENDA 9:00 am WELCOME & INTRODUCTIONS Paul Gresham, Chair Councilmember, Centerville, Ohio 9:10 am REVIEW OF 2007 COMMITTEE WORK Katie Seeger, Policy Analyst National League of Cities 9:15 am LEGISLATIVE UPDATE Neil Bomberg, Principal Legislative Counsel National League of Cities Leslie Wollack, Principal Legislative Counsel National League of Cities 9:50 am POTENTIAL 2008 ISSUE PRIORITIES • Open discussion of proposed topics ^ Additional issues from the floor 10:50 am HELPING FAMILIES ACHIEVE FINANCIAL STABILITY Abby Hughes-Holsclaw, Program Director Early Childhood and Family Economic Success, National League of Cities 11:00 am "NO CHILD LEFT BEHIND" REAUTHORIZATON David Dunn, Chief of Staff to the U.S. Secretary of Education United States Department of Education 11:30 am POTENTIAL 2008 ISSUE PRIORITIES (CONTINUED) 12:00 pm ADJOURN STAFF CONTACT Katie Seeger, Policy Analyst National League of Cities 202-626-3131, Seeger@nlc.org NATIONAL LEAGUE OF CITIES CONGRESSIONAL CITY CONFERENCE WASHINGTON,D.C. MARCH 8-12, 2008 JEFFCOMERCHERO SATURDAY. MARCH 8. 2008 8:30 am Depart Ontario Airport on American Flt. #1292, arrive Dallas Ft. Worth at 1:20 pm, Seat 16B 2:20 pm Depart Dallas Ft. Worth Airport on American Flt. #1102, arrive Washington Reagan at 5:59 pm, Seat 20D. Transportation to Hotel provided by David Turch's Office The Churchill Hotel, 1914 Connecticut Avenue, NW. Phone: 202-797-2000, Fax: 202-462-0944. Nonsmoking Double Room at $201 per night. Guaranteed. Confirmation # 801019. SUNDAY. MARCH 9, 2008 9:00 am -12 noon CED Policy & Advocacy Committee MONDAY. MARCH 10. 2008 9:00 am - 10:30 am Opening General Session 10:45 am -12:15 pm Workshop Sessions 12:15 pm - 1:30 pm Roundtable Networking Lunch 1:45 pm - 3:15 pm Workshop Sessions 3:30 pm - 4:30 pm General Session 5:00 pm - 6:30 pm State League Caucuses & Receptions 6:00 pm - 7:30 pm League of CA Cities Reception Lincoln East, Hilton Washington & Towers TUESDAY, MARCH 11.2008 7:30 am - 8:45 am CED Steering Committee 8:45 am - 10:15 am General Session 10:30 am - 11:45 am Workshop Sessions Noon - 1:30 pm Roundtable Networking Lunch 1:45 pm - 3:00 pm Workshop Sessions 3:15 pm - 4:30 pm Closing General Session 5:15 pm - 6:30 pm State League Caucuses & Reception TBD League Meeting with Senator Boxer 6:00 pm - 8:00 pm Capitol HiII Recep. for Calif. City Officials in Hart Senate Ofc Bldg, Rm. 902 6:30 pm - 8:00 pm Reception & The Capitol Steps 6:30 pm Turch Dinner at the Monocle on Capitol Hill (RSVP'd for you) 7:00 pm - 10:00 pm Cerrell Assoc. Reception, The Society of Cincinnati's Anderson House, 2118 Massachusetts Avenue, NW 11:05 pm Depart Washington Reagan on American Airlines CED POLICY AND ADVOCACY COMMITTEE MEETING Hilton Washington Hotel and Towers Sunday, March 9,.2008 9:00 a.m. -12:00 noon 9:00 a.m. WELCOME & INTRODUCTORY REMARKS Joe Davis, Chair Alderman, Milwaukee, Wisconsin 9:10 a.m. SUMMARY OF 2007 CED ACTIONS Jim Brooks, Center for Policy and Research, NLC 9:15 a.m. LEGISLATIVE UPDATE Michael Wallace, Senior Legislative Counsel, NLC 9:30 a.m. FAMILY ECONOMIC SUCCESS, New Action Guide Abby Hughes Holsclaw, Program Director, IYEF 9:40 a.m. PANEL PRESENTATION Access to Investment Capital for Municipal Development Priorities Invited Speakers Tom Deutsch, Deputy Executive Director, American Securitization Forum Representative from the National Association of Bond Lawyers 10:30 a.m. POTENTIAL 2008 WORK TOPICS • Revitalization of Aging Commercial Properties • Home Foreclosure Mitigation and Prevention • Small Business Export Promotion • Job Retraining as an Economic Development Tool Floor discussion of policy issues and approval of 2008 work topics 11:45 a.m. CONCLUDE POLICY WORK Provide guidance to the CED Steering Committee 12:00 p.m. ADJOURN Staff Contact Jim Brooks, Center for Policy and Research (202) 626-3163, brooks@nlc.org NATIONAL LEAGUE OF CITIES CONGRESSIONAL CITY CONFERENCE WASHINGTON,D.C. MARCH 8-12, 2008 RON ROBERTS SATURDAY. MARCH 8, 2008 8:30 am Depart Ontario Airport on American Flt. #1292, arrive Dallas Ft. Worth at 1:20 pm, Seat 14B 2:20 pm Depart Dallas Ft. Worth Airport on American Flt. #1102, arrive Washington Reagan at 5:59 pm, Seat 11 F. Transportation to hotel provided by David Turch's office HOTEL: SUNDAY. MARCH 9. 2008 9:00 am-5:00 pm MONDAY. MARCH 10. 2008 9:00 am - 10:30 am 10:45 am-12:15 pm 12:15pm-1:30pm 1:45 pm - 3:15 pm 3:30 pm - 4:30 pm 5:00 pm - 6:30 pm 6:00 pm - 7:30 pm TUESDAY. MARCH 11.2008 Policy & Advocacy Committee Opening General Session Workshop Sessions Roundtable Networking Lunch Workshop Sessions General Session State League Caucuses & Receptions League of CA Cities Reception Lincoln East, Towers Hilton Washington & 7:00 am - 8:30 am Steering Committee Work Sessions 8:45 am -10:15 am General Session 10:30 am - 11:45 am Workshop Sessions Noon -1:30 pm Roundtable Networking Lunch 1:45 pm - 3:00 pm Workshop Sessions 3:15 pm - 4:30 pm Closing General Session 5:15 pm - 6:30 pm State League Caucuses & Reception TBD League Meeting with Senator Boxer 6:00 pm - 8:00 pm Capitol Hill Recep. for Calif. City Officials in Hart Senate Ofc Bldg, Rm. 902 6:30 pm - 8:00 pm Reception & The Capitol Steps 6:30 pm Turch Dinner at the Monocle on Capitol Hill (RSVP'd for you) 7:00 pm -10:00 pm Cerrell Assoc. Reception, The Society of Cincinnati's Anderson House, 2118 Massachusetts Avenue, NW WEDNESDAY. MARCH 12, 2008 7:00 am - 11:00 am City Lobby Day 11:00 am -12:00 noon Roundtable Discussion on Energy w/CA Congressional Delegation HCC-5, US Capitol Building 3:30 pm Depart Washington Reagan on American Flt. #349, arrive Dallas Ft. Worth at 6:00 pm, Seat 106 7:30 pm Depart Dallas Ft. Worth on American Flt. #661, arrive Ontario at 8:45 pm, Seat 11 B. TRANSPORTATION INFRASTRUCTURE AND SERVICES (TIS) Policy and Advocacy Committee Meeting Sunday, March 9, 2008 ~ 9:00 a.m. -12:00 p.m. Congressional Cities Conference ~ Hilton Washington Hotel and Towers Washington, D.C. FINAL AGENDA 9:00 A.M. WELCOME AND INTRODUCTORY REMARKS Laura Padgett, Chair Council Member, tMlmington, North Carolina 9:10 A.M. LEGISLATIVE UPDATE Leslie Wollack, Principal Legislative Counsel National League of Cities 9:30 A.M. PIPELINES AND INFORMED PLANNING ALLIANCE Blaine Keener, Community Assistance & Technical Services Coordinator Pipeline and Hazardous Materials Safety Administration, US DOT 10:00 A.M. SAFETEA-LU REAUTHORIZATION Tyler Duvall, Assistant Secretary for Transportation Policy United States Department of Transportation Peter Peyser, Principal Blank Rome Government Relations & Washington Representative for Governor Edward Rendell 11:00 A.M. FEDERAL INFLUENCES ON REGIONALISM Bill Barnes, Director, Municipal Programs and Resources National League of Cities 11:15 A.M. 2008 ISSUE PRIORITIES a. Open discussion of proposed topics b. Additional issues from the floor 12:00 P.M. WRAP-UP & ADJOURN STAFF CONTACT Julia Pulidindi, Policy Analyst National League of Cities 202-626-3176, pulidindiCc~nlc.orq 8:00 am Registration and Continental Breakfast 9:00 am Welcoming Remarks ~ Introtiuction of Paster of Ceremonies Hon. Gary Ovitt, SCAG President, Supervisor, San Bernardino County, 4th District Hasan Ikhrata, Executive Director, Southern California Association of Governments Master of Ceremonies -Norm King, Founding Director, Leonard Transportation Center, California State University, San Bernardino 9:15 am €2egional Transit: Priorities, Opportunities, Challenges and Solutions: A Policy Perspective Moderator- Eric Haley, Vice President, Germania Corporation Hon. Lawrence Dale, Mayor, City of Barstow Hon. Keith Millhouse, Councilmember, City of Moorpark Hon. Chris Norby, Supervisor, Orange County, 4th District Hon. Bill Rosendahl, Councilmember, City of Los Angeles, District I 1 Hon. Terry Henderson, Councilmember, City of La Quinta Hon. Jon Edney, Councilmember, City of EI Centro 10:30 am Break 10:45 am Transit Funding -Risks & Opportunities Moderator -Denny Zane, Executive Director, Los Angeles County Transit Funding Collaborative Hon. Wendy Greuel, Councilmember, City of Los Angeles, District 2 Hon. Pam O'Connor, Councilmember, City of Santa Monica Josh Shaw, Executive Director, California Transit Association Barney Allison, Partner, Nossaman Guthner Knox Elliott LLP David Crane, Special Advisor to the Governor for ,lobs and Economic Growth 12:00 pm Luncheon Keynote Speaker -Hon. Antonio Villaraigosa, Mayor, City of Los Angeles 1:00 pm Land Use-Transit Connection: Next Steps Moderator -Colleen Richter, Manager, Marketing & Sales, Metrolink John Fregonese, President, Fregonese-Calthorpe Gail Goldberg, Director of Planning, City of Los Angeles Craig Morrow, Program Manager, TOD Program, Dept. of Housing and Community Development Ed Eyerman, Vice-President, Sales & Marketing, Sares Regis Corporation 2:15 pm Break 2:30 pm Irtnovative Performance in Transit - A Business Approach Moderator -Mark Stanley, Director of Planning, Riverside Transit Agency David Duchscherer, Principal, Wendel Duchscherer Architects & Engineers Elizabeth Mahoney, Manager, Government & Regulatory Affairs, Metrolink Steve Callas, Coordinator, Service Performance & Analysis, Trimet Rita Robinson, General Manager, and Kang Hu, Senior Transportation Engineer, Los Angeles Department of Transportation 3:45 pm Closing Remarks Master of Ceremonies -Norm King ~/ SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Resolving Regional Challenges H2146 Conference Agenda 3-2008 ITEM N~}. 28 Approvals ~Q City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: April 22, 2008 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of March 2008. CURRENT PLANNING ACTIVITIES New Cases The Division received 63 new applications for administrative, other minor cases, and home occupations including 7 applications for public hearings during the month of March. The new public hearing cases are as follows: CONDITIONAL USE PERMIT 2 MINOR MODIFICATION 3 PARCEL MERGER 1 SPECIFIC PLAN AMENDMENT 1 Special Projects & Long Range Planning Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: Temecula Regional Hospital -This project was approved by the City Council on January 22, 2008. The CEQA challenge period forthe Supplemental EIR expired on February28, 2008. No legal challenges were filed regarding the SEIR. The CEQA challenge period for the second reading of the Zone Change expired on March 14, 2008. The City Attorney filed a Return to the Writ of Mandate for the project with the Riverside County Superior Court on March 20, 2008. A ruling from the Court regarding compliance with the Court's order is expected by the end of April 2008. (PAPP] General Plan Housing Element Update -State law requires the City to adopt an update to the Housing Element by June 30, 2008 and it must be certified by the State Department of Housing and Community Development {HCD} by December 31, 2008. A timeline has been prepared that ensures the process will be completed on time and the City contracted with Environmental Science Associates to assist with the update of the Housing Element. The City Council must certify the updated Housing Element prior to June 30, 2008. A draft version of the Housing Element was sent to HCD on February 12, 2008 to begin its 60-day review and comment period. Staff anticipates a City Council hearing will be held on June 24, 2008. (PAPP) Nicolas Valley Rural Preservation Area -Staff has prepared a conceptual land use plan and conceptual financing options to pay for needed road improvements. A third workshop was held on November 29, 2007 where information on infrastructure options and recommended density was provided to residents and interested parties. The results of a surveyconducted that evening indicated that a majority of property owners favor the formation of an assessment District and favor increased density. Staff held a briefing meeting with the Nicolas Valley City Council Subcommittee on January 31, 2008 to discuss findings and to seek further direction. Staff met with the City Manager in March to discuss scope of work, timing and budget, and will prepare and present a status report to the full CityCouncil in May 2008. (PAPP) Transit Center and Transportation Planning -Staff met with Riverside TransitAgency (RTA), Riverside County Flood Control, and Army Corp of Engineers (ACOE) to discuss the supplemental Environmental Impact Statement {EIS) and CEQA documentation, which is necessary before FTA funds can be used for the design of the Temecula Transit Center. Prior to moving forward with the supplemental EIS, the ACOE will need to provide RTA with a letter confirming the location of the transit center within the Murrieta Creek Recreation Basin. Staff also met with Murrieta staff to begin discussions regarding common transportation and transit issues between the two cities. Staff will meet with RTA and Murrieta staff on April 17, 2008 to discuss the RTA Route Restructuring Process anticipated to begin this spring. (WEST) Heritage Tree Ordinance -Staff has prepared a Heritage Tree Ordinance which will protect certain tree species and other large trees throughoutthe City. The draft Ordinance includes a policy manual and a tree inventory. Staff proposes revisions to the policy manual and tree inventory, but feels the Ordinance can move forward independentlywhile the policy manual and tree inventory are revised. The item has been scheduled for review by the Planning Commission on April 16, 2008 and tentatively for City Council on May 13, 2008. (PAPP) Water Efficient Landscaping Ordinance -AB 1881 requires local governments to adopt the State of California recently adopted Model Ordinance or an equally effective ordinance by 2010. Due to the severity of the water situation across the State, staff is pursuing revisions to the City's existing Water Efficient Landscape Ordinance in advance ofthe 2010 deadline. During the latter part of February, the State released proposed changes to the existing State model ordinance. The State anticipates adapting the proposed changes by January 2009. The State held a public workshop an March 27t" regarding the proposed changes. Staff prepared comments supporting the State's efforts for water conservation, but opposed several proposed changes that result in a negative impact to the City. Staff has completed a first draft of the revised Water Efficient Landscape Ordinance, which is currently undergoing internal review and anticipates taking it to the Planning Commission and City Council far approval in the June/July timeframe. (WEST) Massage Ordinance -Staff is working with the Temecula Police Department to develop a new massage ordinance that is more restrictive than the existing ordinance and will be implemented and monitored directly bythe Police Department. The proposed ordinance will require each employee to undergo several hundred hours of training, to wear identification at all times and includes mare severe penalties for violators and business owners. Temecula PD will be scheduling briefing meetings with members of the City Council. (PAPP) Hillside Development Policy- The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental {habitat), and other constraints. (PAPP) Procedures to Implement CEQA -The Planning Department has hired Environmental Science Associates to prepare a policy document that will identify thresholds of significance to provide direction to staff regarding the level of environmental analysis required far new projects. This project will also include local guidelines and a procedure manual for processing CEQA documents, including the adoption of local exemptions, significance thresholds, and procedures for the City to contract for the preparation of Environmental Impact Reports. This effort has been expanded to include internal procedures for coordinating the environmental review of Capital Improvement Projects. (KITZEROW ! DAMKO) Sustainable Development Program -Staff is participating on a subcommittee of the WRCOG Planning Directors TAC to review and develop a recommendation regarding the California Green Building program; a voluntary program that the BIA is supporting. The WRCOG Executive Committee endorsed the program and has requested that member jurisdictions adopt a resolution to implement the program on a voluntary basis. Staff is also following the progress of AB 32 -Global Warming Solutions Act of 2006, which will result in a Scoping Plan containing strategies that California will use to reduce the greenhouse gases (GHG) that cause climate change. An Inland Empire Chapter of the United States Green Building Council {USGBC) is now established. The USGBC-IE will provide training opportunities far LEED and assistance to public agencies for developing a green building program. Staff anticipates bringing forward a recommendation in the June/Julytimeframe to the Planning Commission and then to the City Council, which outlines a sustainable city program, which includes a municipal green building policy, a resolution to participate with the California Green Building program as a starting point for green building standards and a water efficient landscape ordinance. (WEST) ^ Santa Margarita Area Annexation -The public comment period for the draft EIR ends April 7, 2008. Once staff has received all comments, staff will work with the consultant and City attorney to prepare responses to the comments received. (WEST) Planning Agenda Report 03-01-2008 through 03-31-2008 Submitted Date Approved Date 8/9/2007 3/5/2008 HYN R • PA07-0285 Mountain View Tire Ctr DP/CUP 966010013 BETSY LOWREY Planning Application No. PA07-0285, A Development Plan and Conditional Use Permit to construct an 8,148 square. foot building with 5,358 square feet to be utilized as a fire center and 2,790 square feet to be utilized as separate office/retail suites on Pad "G" within an existing shopping center (Butterfield Ranch Development Plan PA04-0621), generally located at the southeast corner of Temecula Parkway (formerly Highway 79 South) and Butterfield, at 43842 Buttertield Stage Road [APN 966-010-013j Submitted Date Approved Date 10/10/2007 3/20/2008 • PA08-0005 2008 SPRING ROD RUN 922035001 KNUTE NoLAND A Major Temporary Use Permit for the 2008 Spring Rod Run to be held in Old Town Temecula on March 7 and 8, 2008. Submitted Date Approved Date 1 /9/2008 3/6/2008 HYN R • PA08-0031 ROdrigo's RTTC Alcohol CUP 920100036 CHERYL KITZEROW/MATT PETERS A Minor Conditional Use Permit to allow for a full bar (Type 47 license) at Rodrigo's Mexican Grill currently under construction in the Rancho Temecula Town Center, located at the northeast corner of Winchester Road and Nicolas Road. Submittedbate Approved Date 2/5/2008 3/20/2008 APN # • PA08-0047 808&GARY'S FIELD FRESH 9217ooo1s BERRIES KNUTE.NOIAND A Major Temporary Use Permit for Bob and Gary's Field Fresh Berries, a temporary stand for the sale of seasonal .produce from March 11, 2008 through June 30, 2008, located adjacent to 42225 Margarita Rd. in the Palomar Village Shopping Center. .Submitted Date Approved Date 2/19/2008 3/1.1/2008 APN # • PA08-0052 CYSTIC FIBROSIS FUNDRAISER 921c7ooos KNUTE NOLAND A Major Temporary Use Permit for a Cystic Fibrosis Foundation charitable fundraiser to be held at 28410 Old Town Front Street (Old Town Plaza) on Sunday; March 30, 2008. Submitted Date Approved Date 1of5 Planning Agenda Report 03-01-2008 through 03-31-2008 2/26/2008 I I. .3/28/2008 ' APN # • PA08.0059 808&GARY'S FIELD FRESH 922210050 KNUTE NOLAND BERRIES A Major Temporary Use Permit for a seasonal strawberry stand to be operated until June 30, 2008 at 44515 Bedford ', Court. Submitted Date Approved Date 3/5/2008 3/31/2008 2of5 - Planning Agenda Report 03-01-2008 through 03-31-2008 2. S~~dulec~~or~earng . ~ _ ~ , , ~ =~ a. _ APN # • PA07-0082 Elks Lodge Minor CUP 921040006 ERIC JONES A Minor Conditional Use Permit to allow the Temecula Valley Elks to conduct meetings, serve food and alcohol at 28061 Diaz Road. The applicant would also like to increase the occupancy load. The structure is one story and totals 30,000 sq. ft. The space1eased by the Elks is 2,250 sq. ft. of the 30,000 sq. ft. Submitted Date DRC Meeting Date Nq Hearing Planned 3/1 212 0 0 7 APN # • PA07.0239 Vail Ranch Headquarters 960010b44 BETSY LOWREY A Development Plan for the restoration ofthe Vail Ranch Headquarters which includes adaptive re-use of the historic site and new construction to include retail, restaurant and office tenants totaling 27,128 square feet comprising of 13,390 square feet of existing historic structures and 13,738 proposed additional historically appropriate new construction on 4 acres within the Vail Ranch Specific Plan, located at 32115-32125 Temecula Parkway, generally located at the southeast corner of Redhawk Parkway and Temecula Parkway [APN 960-010- 044] Submitted Date DRC Meeting Date Planning Commision 8/20/2007 9/20/2007 5/7/2008 APN # • PA07-0312 Rancho Pueblo Condo TPM ssso7oozs BErsvLOwREv A Tentative Parcel Map Application for condominium purposes for one existing commercial building to be divided into 10 separate condos (Rancho Pueblo Offices) located at the northeast corner of Temecula Parkway and Avenida de Missiones. This project is related to Certificate of Compliance PA08-0043. Submitted Date DRC Meeting Date No Hearing Planned 11/2/2007 APN#- • PA08-0010 $hepherdGhrlSflan ChUrCh .909281003 DANA SCHUMA - A Minor Conditional Use Permit to allow for a church to operate within an existing office building located at 41823 N. Enterprise Circle. Submitted Dats DRC Meeting Date Directors Hearing 1/15/2008 2/7/2008 4/3/2008 3of5 Planning Agenda Report 03-01-2008 through 03-31-2008 3. New~Subir~~ittal~ Pend-n~g't3RC Meeting' ~~ s. '$, ~ '" -Tyix :. n ~_~ . .APN#,_- • PA07-0003 TEMECULACEMETERYMODULAR saao2oooa UNIT KNUTE NOLAND A Major Temporary Use Permit to install a modular office structure at the Temecula Cemetery located at 41911 C Street (APN: 944-020-004) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 1/5/2007 AYN N • PA07.0309 PDO-6 Zoning Amendment 959060007 ERIC JONES A Zoning Amendment applicatidn to amend the Rancho Pueblo Planned Development Overlay (PDO-6). The site is generally located on Temecula Parkway approximately 325 feet east of Jedediah Smith Road. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 11 /1 /2007 HYN F • PA07-0342 Temecula Elks PC&N sztoaooos ERic JoNEs A Public Convenience or Necessity Application to accompany an existing Minor Conditonal Use Permit aplication (PA07-0082) for the Temecula Valley Elks located at 28061 Diaz Road. The Elks will utilize 3,000 square feet of a 30,000 square foot one story building. Submitted Date Anticipated, DRC Meeting Date No Hearing Planned 12/27/2007 Arrv • PA08-0035 USED CAR TENT SALE stot3oo7z KNUTE NoLAND A Used Car Tent sale located at the Promenade Mall, 40820 Winchester Road, between Macy's and Johnny Carinos. Submitted Date Anticipated DRC Meeting Date Administrators Hearing 2/11 /2008' 3/3/2008 APN# • PA08-0061 Zevo Drive MOnOplne 909360034 KATIE LECOMTE A Wireless Telecommunication Application (Conditional Use Permit) to construct a 60-foot monopine which includes, T2 panel antennas, a 4-foot parabolic dish antenna, a new Telco panel, 2 GPS and 4 outdoor equipment cabinets within a 750 square foot fenced enclosure composed of 2 wrought iron walls and 2 block walls, located adjacent to an existing industrial building located at 42210 Zevo Drive (APN: 909-360-034). Submitted Date Anticipated DRC Meeting Date No Hearing Planned .3/5/2008 Arrv x • PA08.0075 TEMECULA MOVING & AUTO CUP szzloools aETSV LowREv A Conditional Use Permit for the operation of a U-Haul Truck Rental Facility located at the southwest corner of Old Town Front Street and Santiago Road at28781 Old Town Front Street [APN 922-100-019]. Related case: A CUP for used auto dealer: PA94-0064 Submitted Date Anticipated DRC Meeting Date No Hearing Planned 3/19/2008 4 of5 Planning Agenda Report 03-01-2008 through 03-31-2008 APN p • PA08-0081 Promenade Mall SPA-SIgnS 910130072. CHERYL KITZEROW/MATT PETERS A Specific Plan Amendment (Minor) to the Temecula Regional Center (Promenade Mall) regarding signage. Proposed changes include increasing sign heights from 12 to 23 feet for (minor and major) entry monuments, .increasing the allowable sign area for (minor and major) entry monuments and site directional monuments, and to allow new monument signs (secondary site directionals, pedestrian freestanding directionals and wall mounted directional). Submitted Date Anticipated DRC Meeting Date No Hearing Planned 3/28/2008 APN # • PA08-0091 910320039 ERIC JONES Submitted Date Anticipated DRC Meeting Date No Hearing Planned 4/10/2008 ~G O x A O ^ , V ,~, Q Legend Planning Status -March 2008 0 1. Recently Approved 0 2. Scheduled for Hearing • 3. New Submittals Pending DRC Meeting ~«S~~ oV ~ enf~.~,tt 7 t ~~ ~ K~ ,04 ~ Y C ~,a 1989 %nturwum`1R~ ITEM N~}. 29 Approvals ~ City Attorney Sv Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jerry Williams, Chief of Police DATE: April 22, 2008 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of March 2008. PATROL SERVICES Overall calls for police service .................................................................................................. 8421 "Priority One" calls for service ....................................................................................................... 56 Average response time for "Priority One" calls ...............................................................3.8 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 570 Community Action Patrol (CAP) hours ....................................................................................... 290 Reserve officer hours (patrol) ....................................................................................................... 40 Total Volunteer hours ................................................................................................................ 1150 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted ............................................... ......................................... 6 Residential/business security surveys conducted ................................. ....................................... 11 Businesses visited ................................................................................. ....................................... 23 Businesses visited for past crime follow-up ........................................... ....................................... 26 Crime prevention articles ....................................................................... ......................................... 1 Total square footage of graffiti removed ................................................ ................................ 33,016 Number of Graffiti Locations ....................................................... ................................. 57 OLD TOWN STOREFRONT Total customers served ............................................................................................................... 286 Sets of fingerprints taken .............................................................................................................. 34 Police reports filed ........................................................................................................................ 34 Citations signed off ....................................................................................................................... 25 Total receipts ..................................................................................................................... $6,817.00 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests ......................................... On sight misdemeanor arrests ............................. Felony arrest warrants served ............................. Misdemeanor arrest warrants served .................. Follow-up investigations ....................................... Parole Searches ................................................. Gang Members Contacted .................................. TRAFFIC Citations issued for hazardous violations .................................................. ............................... 1295 D.U.I. checkpoints conducted .................................................................... ..................................... 1 D.U.I. Arrest ................................................................................... ...............................67 Non-hazardous citations ............................................................................ ................................. 599 Stop Light Abuse Program {S.L.A.P.} citatians .......................................... ................................... 95 Neighborhood Enforcement Team (N.E.T.} citations ................................ ................................... 63 Parking citations ......................................................................................... ................................. 431 S e atbe Its ..................................................................................... .............................113 School Zones .............................................................................. ..............................70 Injury collisions ........................................................................................... ................................... 33 Presentations ............................................................................. ................................0 INVESTIGATIONS Beginning Caselaad ........................................................................................ ............................ 217 Total Cases Assigned .................................................................................... .............................. 53 Total Cases Closed .................................................. .........................74 Number of community seminars/presentations conducted ............................ ................................ 0 PROMENADE MALL TEAM Calls for service ................................................................. .......................................................... 226 Felony arrestlfilings ........................................................... ............................................................ 22 Misdemeanor arrest!filings ................................................ ............................................................ 33 Vehicle burglaries ............................................................. .............................................................. 0 Vehicle thefts ..................................................................... .............................................................. 1 Total receipts ..................................................................... ................................................ $6,948.00 SCHOOL RESOURCE OFFICERS Felony arrests .................................................................... ............................................................. 5 Misdemeanor arrests ......................................................... ........................................................... 10 Citations ............................................................................. ........................................................... 19 Youth counseled ................................................................ ....................................................... 185 Presentations .......................................................... ..................................................1 K- Community Helpers Course YOUTH ACCOUNTABILITY TEAM School visits ................................................................... ............................................................... 64 Home visits ..................................................................... ............................................................... 34 Prese ntatia ns ...................................................... .......................................................4 Truancy Sweep ..................................................... .......................................................0